North River Ranch Community Development District
12051 Corporate Blvd., Orlando, FL 32817
Phone: 407-723-5900, Fax: 407-723-5901
www.northriverranchcdd.com

The following is the agenda for the Board of Supervisors Meeting for the North River Ranch Community Development District scheduled to be held Wednesday, May 12, 2021 1:30 p.m. at 8141 Lakewood Main Street, Bradenton, FL 34202. The following is the proposed agenda for this meeting.

Call in number: 1-844-621-3956 Passcode: 790 562 990 #
BOARD OF SUPERVISORS’ MEETING AGENDA

Administrative Matters
Roll Call to Confirm Quorum
Public Comment Period [for any members of the public desiring to speak on any proposition before the Board]

Business Matters

Consideration of the Minutes of the April 14, 2021 Board of Supervisors’ Meeting
Consideration of Resolution 2021-10, Approving a Preliminary Budget for Fiscal Year 2022 and Setting a Public Hearing Date [Suggested Hearing Date of August 11, 2021]
Letter from Supervisor of Elections- Manatee County
Review and Consideration of RIPA & Associates Agreement, Moccasin Wallow Road & Fort Hamer Road
Review and Consideration of Clearview Land Design P.L, North River Ranch Phases IV-A& Mass Grading
Review and Consideration of RIPA & Associates, Phase IV-A
Review and Consideration of Booth Design Group Agreement
Ratification of Funding Requests # 20 -24
Review of District Financial Statements (under separate cover)

Other Business

Staff Reports District Counsel District Engineer District Manager

Supervisor Requests and Audience Comments

Adjournment

North River Ranch Community Development District

Consideration of the Minutes of the April 14, 2021 Board of Supervisors’ Meeting

MINUTES OF MEETING

NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING MINUTES
Wednesday, April 14, 2021 at 1:00 p.m. 8141 Lakewood Main Street, Bradenton, FL 34202
Board Members present via phone or in person: Pete Williams	Chairperson
Ivory Matthews	Vice Chairperson
Priscilla Heim	Assistant Secretary
John Blakley	Assistant Secretary
Dale Weidemiller	Assistant Secretary Also present via phone or in person:

phone)

Vivian Carvalho	District Manager- PFM Group Consulting LLC Venessa Ripoll	Assistant District Manager- PFM Group Consulting
LLC	(via phone)
Ed Vogler	Vogler Ashton	(via phone)
Kim Ashton	Vogler Ashton	(via phone) Jonathan Johnson	Hopping Green & Sams	(via phone) John McKay	Neal Communities
Jim Schier	Neal Communities
Tom Panaseny	Neal Communities	(via phone) Janice Snow	Neal Communities
Mark Roscoe	Neal Communities	(via phone) Jordan Schrader	District Engineer-Clearview Land Design, P.L.
(via phone)
Misty Taylor	Bryant Miller Olive P.A.	(via

Sete Zare	MBS Capital Markets, LLC	(via phone)

FIRST ORDER OF BUSINESS	Administrative Matters

Call to Order and Roll Call

Ms. Carvalho called to order at 2:31 p.m. the meeting of the Board of Supervisors of the North River Ranch Community Development District and proceeded with roll call. The persons in attendance are outlined above either in person or via speakerphone.

Public Comment Period

There were no members of the public present at this time.

SECOND ORDER OF BUSINESS	General Business Matters

Consideration of the Minutes of the March 10, 2021 Board of Supervisors’ Meeting

The Board reviewed the Minutes of the March 10, 2021 Board of Supervisors’ Meeting.

On MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the Board approved the Minutes of the March 10, 2021 Board of Supervisors’ Meeting.

Review and Consideration of the Onsight Industries, LLC Proposals

The Board reviewed the Onsight Industries, LLC Proposals. Mr. Roscoe explained this proposal is for the street signs and mailboxes for the two phases.

On MOTION by Mr. Williams, seconded by Mr. Weidemiller, with all in favor, the Board approved the Onsight Industries, LLC Proposals.

Review and Consideration of the Clearview Land Design, P.L, Amenity Site Design Proposal

Jordan Schrader presented the Clearview Land Design, P.L, Amenity Site Design Proposal. This proposal is for the initiation of the design of the Amenity Center to be located in Phase 3A and 3B. It includes the extension of some subdivision collector roads and design and permitting of the Amenity Center.

On MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the Board approved the Clearview Land Design, P.L, Amenity Site Design Proposal.

Review and Consideration of the Clearview Land Design, P. L, IV-D Design/ Permitting

Jordan Schrader presented the Clearview Land Design, P. L, IV-D Design/ Permitting. This is for the design and permitting of the next large phase of traditional single-family homes all around the Amenity Center and is everything west of Fort Hamer and South of Road FF.

On MOTION by Mr. Weidemiller, seconded by Mr. Williams, with all in favor, the Board approved Clearview Land Design, P. L, IV-D Design/ Permitting.

Ratification of Funding Requests # 17-19

The Board reviewed Funding Requests #17-19.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board ratified Funding Requests #17-19.

Review of District Financial Statements

The Board reviewed the District’s Financial Statements through March 31, 2021.

On MOTION by Mr. Williams, seconded by Ms. Heim, with all in favor, the Board accepted the District Financial Statements.

THIRD ORDER OF BUSINESS	Other Business

Staff Reports

District Counsel – No Report

District Engineer – No Report

District Manager – Ms. Carvalho noted for the record that the next scheduled meeting will be on May 12, 2021. That is when the District will start the Proposed Budget process for Fiscal Year 2022. At that meeting, the Board will schedule the Public Hearing to coincide with the August meeting.

Audience Comments and Supervisor Requests

There were no Supervisor requests or audience comments.

FOURTH ORDER OF BUSINESS	Adjournment

Ms. Carvalho requested if there is no further business to come before the Board for a motion to adjourn the meeting.

ON MOTION by Mr. Williams, seconded by Ms. Matthews, with all in favor, the April 14, 2021 Board of Supervisor’s Meeting for the North River Ranch Community Development District was adjourned at 2:37 p.m.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

North River Ranch Community Development District

Consideration of Resolution 2021-10, Approving a Preliminary Budget for Fiscal Year 2022 and Setting a Public Hearing Date [Suggested Hearing Date of August 11, 2021]

RESOLUTION 2021-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH RIVER	RANCH	COMMUNITY	DEVELOPMENT	DISTRICT APPROVING PROPOSED BUDGET FOR FISCAL YEAR 2021/2022 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the North River Ranch Community Development District (“District”) prior to June 15, 2021, proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2021 and ending September 30, 2022 (“Fiscal Year 2021/2022”); and

WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT:

PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2021/2022 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

SETTING A PUBLIC HEARING. A public hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location:

DATE:	 	, 2021

HOUR:	 	 LOCATION:	 	 

TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENTS. The District Manager is hereby directed to submit a copy of the Proposed Budget to Manatee County at least 60 days prior to the hearing set above.

POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the District’s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

PUBLICATION OF NOTICE. Notice of this public hearing shall be published in the manner prescribed in Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 12th DAY OF MAY, 2021.

ATTEST:	NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT

By: 	

Secretary	Its: 	

Exhibit A: FY 2021/2022 Proposed Budget

North River Ranch CDD
FY 2022 Proposed O&M Budget

Actual Through 03/31/2021

Anticipated Apr. - Sep.

Anticipated FY 202 Total

FY 2021
Adopted Budget

FY 2022
Proposed Budget

Revenues		
Developer Contributions	$	46,966.62		$	47,749.12		$	94,715.74		$	102,175.00		$	142,480.00	
Net Revenues	$	46,966.62		$	47,749.12		$	94,715.74		$	102,175.00		$	142,480.00	

General & Administrative Expenses										
Supervisor Fees	$	6,800.00		$	6,000.00		$	12,800.00		$	12,000.00		$	12,000.00	
Public Officials' Insurance	2,421.00		-		2,421.00		2,475.00		2,475.00	
Trustee Services	-		3,000.00		3,000.00		6,000.00		6,000.00	
Management	10,000.02		9,999.98		20,000.00		20,000.00		45,000.00	
Engineering	5,195.41		5,195.41		10,390.82		15,000.00		20,000.00	
Dissemination Agent	2,500.00		2,500.00		5,000.00		5,000.00		5,000.00	
District Counsel	10,973.50		10,973.50		21,947.00		20,000.00		30,000.00	
Assessment Administration	-		7,500.00		7,500.00		7,500.00		7,500.00	
Audit	-		3,200.00		3,200.00		6,000.00		6,000.00	
Postage & Shipping	33.01		33.01		66.02		300.00		300.00	
Copies	301.19		301.19		602.38		500.00		500.00	
Legal Advertising	851.76		851.76		1,703.52		1,000.00		1,000.00	
Bank Fees	-		-		-		-		180.00	
Miscellaneous	-		250.00		250.00		500.00		500.00	
Office Supplies	-		-		-		-		125.00	
Web Site Maintenance	1,050.00		1,650.00		2,700.00		2,700.00		2,700.00	
Dues, Licenses, and Fees	175.00		-		175.00		175.00		175.00	
General Insurance	2,960.00		-		2,960.00		3,025.00		3,025.00	
Total General & Administrative Expenses	$	43,260.89		$	51,454.85		$	94,715.74		$	102,175.00		$	142,480.00	

Total Expenses

  $	43,260.89

   $	51,454.85

  $	94,715.74

  $	102,175.00

  $	142,480.00

  	  

Net Income (Loss)

$	3,705.73

$	(3,705.73)	$	-	$

-	$	-

  	  

Page 1 of 1

North River Ranch Community Development District

Letter from Supervisor of Elections- Manatee County

MICHAEL BENNETT • SUPERVISOR OF ELECTIONS • MANATEE COUNTY
600 301 Boulevard West, Suite 108, Bradenton, Florida 34205-7946
PO Box 1000, Bradenton, Florida 34206-1000

Phone: 941-741-3823 • Fax: 941-741-3820 • VoteManatee.com • Info@VoteManatee.com

April 20, 2021

North River Ranch Community Development District PFM Group Consulting, LLC
Attn: Vivian Carvalho 12051 Corporate Blvd
Orlando FL 32817

Dear Ms. Carvalho:

We are in receipt of your request for the number of registered voters in the North River Ranch Community Development District of April 15, 2021.   According to our records, there were O persons registered in the North River Ranch Community Development District as of that date.

I hope this information is helpful to you. If I can be of any further assistance to you, please do not hesitate to contact my office at your earliest convenience.

Michael Bennett

-

Sincerely,
Supervisor of Elections

MB/sas

North River Ranch Community Development District

Review and Consideration of RIPA & Associates Agreement, Moccasin Wallow Road & Fort Hamer Road

To:	Neal Communities
Address:	5800 Lakewood Ranch Boulevard Lakewood Ranch, FL 34240	Contact:	Mark ROSCOE
Phone:	941-328-1075
Fax:	(941) 713-3780	
Project Name:	North River Ranch Phase 4A & 4B
Project Location:	Moccasin Wallow Road & Fort Hamer Road, Palmetto, FL	Bid Number: 20-375A
Bid Date:	12/4/2020	

Line #   Item Description	Estimated Quantity Unit	Unit Price	Total Price

GEN CONDITIONS
CLEARING STANDBY TIME

1.00 LS	$43,296.00	$43,296.00
Total Price for above GEN CONDITIONS Items:	$43,296.00

Total Bid Price:	$43,296.00

Notes:
PER NEALS REQUEST CLEARING SUBCONTRACTOR WAS KEPT ON STANDBY FOR 6 WORKING DAYS FROM 03/15/21 - 03/22/21 WITHOUT ANY BILLABLE ITEMS TO PERFORM.
CONSTRUCTION STAKING & RECORD SURVEY BY OTHERS. -OR- CONSTRUCTION STAKING AND RECORD SURVEY, FOR RIPA'S SCOPE OF WORK
ONLY, ARE INCLUDED. RECORD DRAWINGS, WHICH ARE THE RESPONSIBILITY OF THE ENGINEER OF RECORD, ARE NOT INCLUDED. WE HAVE NOT INCLUDED STAKING OR CONTROL POINTS FOR BUILDING PAD FOUNDATION OR FOOTER CONSTRUCTION.
GEOTECHNICAL/ MATERIALS TESTING IS BY OTHERS.
BONDING NOT INCLUDED. IF REQUIRED, PLEASE ADD 1.25%.
PERMIT / INSPECTION FEES BY OTHERS.
ASSUMES DISCING SHALL BE ACCEPTED BY THE GEOTECHNICAL ENGINEER.
ASSUMES PAD ELEVATION IS 6" BELOW FINISH FLOOR (+/- 0.10' TOLERANCE).
THIS PROPOSAL IS BASED ON EXISTING TOPO NOTED ON THE DRAWINGS BEING ACCURATE WITHIN 0.2 FEET AT ANY GIVEN LOCATION. TOPO VERIFICATION MAY BE REQUIRED PRIOR TO FINAL CONTRACT.
THIS PROPOSAL IS BASED ON A GEOTECHNICAL REPORT PROVIDED BY XXXXX, DATED XX/XX/XX.
THIS PROPOSAL IS BASED ON ALL ONSITE CUT MATERIAL, INCLUDING MATERIAL FROM PIPE TRENCHES, BEING USABLE FOR STRUCTURAL / PAVEMENT AREAS AND TRENCH BACKFILL. REMOVAL AND REPLACEMENT OF UNSUITABLE MATERIAL IS NOT INCLUDED.
NO ALLOWANCE HAS BEEN MADE FOR TESTING, HANDLING, TREATING, REMOVING OR DISPOSING OF HAZARDOUS OR CONTAMINATED MATERIALS, SOILS, OR GROUNDWATER. IN ADDITION, REMOVAL AND DISPOSAL OF BURIED TRASH IS NOT INCLUDED.
INCLUDED IN THIS PROPOSAL IS ONE TIME ROUGH GRADING (PRIOR TO VERTICAL CONSTRUCTION) AND ONE TIME FINAL GRADING (AFTER
VERTICAL CONSTRUCTION). ANY ADDITIONAL GRADING WILL BE PERFORMED FOR AN AGREED UPON PRICE.
TELEPHONE, POWER, CABLE, IRRIGATION, ETC. CONDUIT AND SLEEVES BY OTHERS, UNLESS SPECIFIED.
UNLESS NOTED, WE HAVE NOT INCLUDED ANY ADJUSTMENTS/REMOVAL OR RELOCATION OF EXISTING UTILITIES WHICH MAY CONFLICT WITH PROPOSED WORK.
ITEMS NOT INCLUDED ARE: IMPORT FILL; WELL ABANDONMENT; LANDSCAPING; IRRIGATION; ROOT PRUNING; TREE TRIMMING; INVASIVE SPECIES REMOVAL; MITIGATION PLANTINGS; DEMOLITION; STRIPPING OF SITE; FENCE; AND PERIMETER WALLS.
THE ABOVE PRICING IS BASED ON TODAY'S MARKET. DUE TO THE VOLATILITY OF FUEL, PETROLEUM / PVC AND CONCRETE PRODUCTS, WE ARE UNABLE TO PREDICT TOMORROW'S MARKET. THIS PROPOSAL DOES NOT INCLUDE ANY ADJUSTMENTS / SURCHARGE FOR MATERIAL PRICE INCREASES.
THIS PROPOSAL IS BASED ON CONSTRUCTION PLANS DATED XX/XX/XX WITH THE MOST RECENT REVISION DATE BEING XX/XX/XX.

To:	Neal Communities
Address:	5800 Lakewood Ranch Boulevard Lakewood Ranch, FL 34240	Contact:	Mark ROSCOE
Phone:	941-328-1075
Fax:	(941) 713-3780	
Project Name:	North River Ranch Phase 4A & 4B
Project Location:	Moccasin Wallow Road & Fort Hamer Road, Palmetto, FL	Bid Number: 20-375A
Bid Date:	12/4/2020	

Authorized Signature:

Estimator: Andrew Babchick
813-417-6920 ababchick@ripaconstruction.com

CONFIRMED:
Ripa & Associates

ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer: Signature:
Date of Acceptance:

Superior ROW Services, LLC	Job No. 21-006 North River Ranch / Standby	Period through 03-22-21	

Description		
Rate	Mon
03/15/21	Tue
03/16/21	Wed
03/17/21	Thur
03/18/21	Fri
03/19/21	Mon
03/22/21	Total
Quantity	
Total Amount	
LABOR									Subtotal	$	16,128.00	
Working Foreman	HR	$	69.00	16.00	16.00	16.00	16.00	16.00	16.00	96.00	$	6,624.00	
Equipment Operator Class A	HR	$	50.00	24.00	24.00	24.00	24.00	24.00	24.00	144.00	$	7,200.00	
Equipment Operator Class B	HR	$	48.00	8.00	8.00	8.00	8.00	8.00	8.00	48.00	$	2,304.00	
Equipment Operator Class C	HR	$	41.00							0.00	$	-	
											
EQUIPMENT									Subtotal	$	23,232.00	
Cat 323 Excavator or Equivalent	HR	$	63.00	16.00	16.00	16.00	16.00	16.00	16.00	96.00	$	6,048.00	
Cat D6 LGP Dozer or Equivalent	HR	$	121.00	16.00	16.00	16.00	16.00	16.00	16.00	96.00	$	11,616.00	
Cat 950M Loader or Equivalent	HR	$	58.00	16.00	16.00	16.00	16.00	16.00	16.00	96.00	$	5,568.00	
Fuel Trailer	HR	$	5.00							0.00	$	-	
OTHER									Subtotal	$	-	
	LS								$0.00	$	-	
			6,560.00	6,560.00	6,560.00	6,560.00	6,560.00	6,560.00			
	Total	$	39,360.00	

Superior
R W
Services·

PROJECT# ;l..,l

FIELD EXTRA WORK ORDER

CJ O	WORK ORDER#	{		_

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DATE

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PURCHASES OF MATERIALS/SERVICES. ETC:

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PROJECT# -s./-oo	WORK ORDER#--"-""'---

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EMPLOYEES:

North River Ranch Community Development District

Review and Consideration of Clearview Land Design P.L, North River Ranch Phases IV-A& Mass Grading

Clearview
LAND DESIGN P.L.

Contract Documents and Technical Specifications

North River Ranch Phases IV-A & Mass Grading

Prepared for:
North River Ranch Community Development District
c/o Public Financial Management 12051 Corporate Blvd.
Orlando, FL 32817

Prepared by:
Clearview Land Design, P.L. 3010 W Azeele Street Suite 150
Tampa, Florida 33609

Notice to Proceed
Date:	3/29/2021

Project:	North River Ranch Phase IV-A & Mass Grading	
Owner:	North River Ranch Community Development District	
Contract Amount:	$9,899,999.80	
Contractor:	Ripa & Associates	
Contractor Adddress:	1409 Tech Blvd# t	
	Tampa, FL 33619	

You are notified that the contract times unfer the above constract will commence to run on March 29th, 2021. On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the number of days to achieve Substantial Completion is 226 Calendar Days and the number of days to achieve readiness for final payment is 261 Calendar Days.

North River Ranch Commun ity Development District

_(i.7..-.----

Owner Given By:

District Engineer Title
Date

CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
NORTH RIVER RANCH PHASE IV

Table of Contents

PART I	BIDDING REQUIREMENTS

SECTION 00100 - ADVERTISEMENT FOR BIDS SECTION 00200 - INSTRUCTIONS TO BIDDERS SECTION 00410 - BID FORM (PROPOSAL)
BID BOND (EJCDC C-430 or C-435) PUBLIC ENTI1Y CRIMES FORM
PART II	CONTRACT FORMS

SECTION 00520 - AGREEMENT (CONTRACT) PERFORMANCE BOND (EJCDC C-610) PAYMENT BOND (E.JCDC C-615) APPLICATION FOR PAYMENT (EJCDC C-620) CHANGE ORDER FORM (EJCDC C-941)
PART III CONTRACT CONDITIONS

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (EJCDC C-700) SECTION 00800 - SUPPLEMENTARY CONDITIONS

PART IV SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS

SECTION 01001-MC SUPPLEMENTARY TECHNICAL SPECIFICATIONS (MANATEE COUNTI) SECTION 01050	SURVEYING (BY OWNER)
SECTION 01300	SHOP DRAWINGS
SECTION 01410	TESTING SERVICES (PROVIDED BY OWNER) SECTION 01600	MATERIAL AND EQUIPMENT
SECTION 01650	WETLANDS AND NATIVE VEGETATION PRESERVATION & CONSERVATION
AREAS

DIVISION 2 - SITE AND UTILTIY WORK

SECTION 02703
SECTION 02704
SECTION 02705
SECTION 02706
SECTION 02707
SECTION 02708
SECTION 02710
SECTION 02813
SECTION 02814
SECTION 02817
SECTION 02820
SECTION 02822
SECTION 02910
SECTION 02911
SECTION 02912
SECTION 02924

TRENCHING AND BACKFILLING FOR PIPING TEMPORARY TRAFFIC CONTROL RESTORATION AND GENERAL REQUIREMENTS WATERLINES
STORM SEWERS, PIPE AND STRUCTURES SANITARY SEWER SYSTEMS
RECLAIMED WATER MAINS (REUSE) SEEDING, MULCHING, AND SODDING
CONCRETE CURBS, GUTIERS, MANHOLE FRAMES, STORM INLETS, ETC. CLEARING AND GRUBBING
EXCAVATION AND EMBANKMENT RIPRAP
LIMEROCK BASE COURSE AND STABILIZED SUBGRADE ASPHALTIC CONCRETE
BASE COURSE, PRIME AND TACK COAT, AND STABILIZED SUBGRADE PAVEMENT MARKING, STRIPING, AND SIGNS

REQUEST FOR QUALIFICATIONS

FOR CIVIL/SITE CONSTRUCTION SERVICES

NORTH RIVER RANCH COMMUNITY DISTRICT DEVELOPMENT MANATEE COUNTY, FLORIDA

North River Ranch Community Development District (NRRCDD) requests Qualifications Subm ittals from firms interested in providing civil/site construction services. Upcoming projects include construction of roadway improvements, stormwater management fac ilitie s, utilities, and certain other infrastructure in Manatee County, Florida.

To be eligible to submit qualifications, firms must hold all required applicable state licenses in good standing, hold all required applicable federal licenses in good standing , and be authorized to do business in the State of Florida.

Applicants may request a Qualifications Submittal Package via FTP site from Clearview Land Design , P.L. (District Engineer). (Email Ch1i s.F ishe N1 c le a rvie wland.com for link to FTP site .) Applicants must submit one original and two copies of the Qualifications Submittal Package by 5:00 PM on Monday, October 5, 2020. Hand written and electronic submissions will not be accepted. Address responses to: Clearview Land Design, P.L., 3010 W Azeele St, Suite 150, Tampa, Florida 33609, Attn: Chris Fisher.

Qualified firms will be selected based on exper ienc e, qualifications of personnel, and ability to perform construction services. Packages will be reviewed and rated by a qualifications committee. At that time, all qualified firms will be assigned a project and aggregate dollar limit for potential work under contract. All applicants will be promptly notified after the construction firms are selected. The pre-qualification decisions of the Board of Supervisors shall be valid for a period of two (2) years, after which the Board of Supervisors may either extend the prequalification period for an additional two (2) years or open the prequalification process again.

Qualified firms will be eligible to bid or propose on construction projects subject to the firms' project and aggregate limits. Failure to pre-qualify may preclude North River Ranch Community Development District from awarding construction contracts to any non-prequalified firm. All firms interested in bidding on construction contracts to be let by NRRCDD are strongly encouraged to submit for pre-qualification. However, NRRDD is not obligated to select prequalified firms, and   at its sole discretion reserves the right to solicit bids or proposals from non-prequalified contractors for specific projects in the best interests of NRR CDD.

Applicants may contact the District Engi neer, Chris Fisher, Clearview Land Design, P.L. at
Chris. Fisher·a clearviewland.com, until the qualifications submittal deadline for further information.

Chris Fisher

From: Sent: To:
Cc:
Subject:

Chris Fisher
Friday, October 30, 2020 9:01 AM 'Mark Roscoe'; 'Tom Panaseny'
'Venessa Ripoll'; Vivian Carvalho; 'edvogler@voglerashton.com'; Mike Smirch North River Ranch Bid Request

Good Morning All,

On behalf of The North River Ranch CDD, you are invited to bid on the development of the North River Ranch Phases IV­ A & IV-B. A separate email with instructions for a virtual pre-bid meeting on November 10th, will follow this request. The following items have been uploaded to our FTP site for your use:

htt ps: // www.dro pbox.com /sh/ 6mhqzm7wxxOvbhz/ AACpvlLoWMUhSKLUCDgRnKY3a?dl=O

Full set of construction plans (PDF)
CAD files
Geotech Report

Please provide a basic schedule through the completion of your bid. Assuming a start date of 1/4/2021

Please place your bids electronically no later than 5:00 P.M. Tuesday, November 24th, Please submit the bids to Chris Fisher (chris. fis her@clearviewland.com).

Quantities will not be provided for this project. Please submit your bids in an excel file as well as a PDF. If you have any questions, please contact myself at 813-223-3919.

Chris Fisher, P.E.

,, '_ · · ) CLEARVIEW LAND DESIGN, P.L.

3010 W AZEELE STREET, SUITE 150
TAMPA, FL 33609
Office: 813-223-3919
Cell: 813-965-1268
Chris.Fis her@clearviewland.com www.clearviewland.com

Chris Fisher

From:
Sent:
To:
Cc:

Subject:
Attachments:

Chris Fisher
Wednesday, December 2, 2020 7:15 AM 'Mark Roscoe'; 'Tom Panaseny'
'Venessa Ripoll'; 'Vivian Carvalho'; 'edvogler@voglerashton .com'; Mike Smirch; 'K.C. Coulthart'; 'Adrian Galloway '; 'David Compton'; 'Andrew Goulish, PE, CGC'; 'Jeremy Rury'; 'Gregg M arsh' ; 'Don Woodruff'; 'Dennis Holt'; 'gator@ frederickderrcom pany.com '
RE: North River Ranch Bid Request
Revised North River Ranch Phase IV-A_Quant ities.xls

Good Afternoon All,

Attached are some revisions to the bid tabs. Here is a summary of the revisions:

Added
Anchor Block retaining wall - 240 LF
Final Grading - 1 LS
Mitered End Section 42" RCP-1EA
Storm Testing & Dewatering- 1 LS
Reclaim Water Testing- 1 LS

Removed
Structure 87 was on the tabs twice- One was removed

Additional Information
Please include an alternative bid price for FDOT Bank Shell Please let me know if you need any additional questions. Thank you Chris Fisher
From: Chris Fisher
Sent: Monday, November 23, 2020 10:32 AM
To: 'Mark Roscoe' <mroscoe@nealland.com>; 'Tom Panaseny' <TPanaseny@nealland.com>
Cc: 'Venessa Ripoll' <ripollv@pfm.com>; 'Vivian Carvalho' <carvalhov@pfm .com>; 'edvogler@voglerasht on .com'; Mike Smirch <M ike.Smirch@ clearv ie wland.com>; 'K.C. Coult ha rt ' <kccoult hart @m ackenzieco .com>; 'Adrian Galloway'
<agalloway@ripaconstruction.com>; 'David Compton' <dcompton@ripaconstruction.com>; 'Andrew Gaulish, PE, CGC'
<agoulish@jonmha	llcom pany.com>; 'Jeremy Rury' <Jeremy@hjcontracting.com>; 'Gregg Marsh'
<gregg@fo rsber gconst ruction .com>; 'Don Woodruff' <donw@woodruffandsons.com>; 'Dennis Holt'
<dennish@woodruffandsons.com>; 'gator@frederickderrcompany.com'  <gator@frederickderrcompany.com>
Subject: RE: North River Ranch Bid Request Good Morning All,
Here is the schedule for construction out at North River Ranch . Thank you Chris Fisher

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
INSTRUCTIONS TO BIDDERS

PART1	DEFINED TERMS
Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

PART 2	COPIES OF BIPPING DOCUMENTS
Complete sets of the bidding documents in the number and for the purchase or deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from DISTRICT ENGINEER (unless another issuing office is designated in the Advertisement or Invitation to Bid). The deposit will be refunded only if provided for in the Advertisement/Invitation to Bidders, to Bidders who submit a bona fide bid and return the bidding documents in good condition within ten days after opening of bids. Unless stated otherwise in the Advertisement/Invitation to Bidders the purchase of plans shall be non-refundable.

Complete sets of bidding documents shall be used in preparing bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents.

OWNER and ENGINEER in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids for the work and do not confer a license or grant for any other use.

PART3	QUALIFICATIONS OF BIDDERS
3.01 To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days after bid opening upon OWNER's request detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualifications prior to award of the contract.

PART4	EXAMINATION OF CONTRACT DOCUMENTS AND SITE
Subsurface and Physical Conditions

The Supplementary Conditions identify:

Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings arenot part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions have been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

Underground Facilities

Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

Hazardous Environmental Condition

The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings arenot part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph
4.06 of the General Conditions.

On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

It is the responsibility of each Bidder before submitting a Bid to:

A         Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda.

Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

.        Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.

Obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in theBidding Documents.

Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder.

Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

Any protest regarding any portion of the original Contract Documents and Technical Specifications (including but not limited to the Instructions to Proposers or any other portion of the documents) or any addendum thereto, must be filed in writing, at the offices of the DISTRICT ENGINEER, within seventy-two (72) hours after the receipt of any Addendum. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications or contract documents or addenda and submission of a bid or proposal shall evidence Bidders agreement with all such plans, specifications, documents or addenda.

PARTS	PRE-BID CONFERENCE
5.01 A Pre-Bid conference will be held at 10:00 AM local time on Tuesday, August 13, 2019 at the office of Stantec. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective

PARTS	SITE AND OTHER AREAS
6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
PARJZ	INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

PARTS	BIP SECURITY
A Bid must be accompanied by Bid security made payable to OWNER in an amount offive percent of Bidder's maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

PART9	CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.01.A.14 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

PART1Q	LIAVIPATEP DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
PART 11	SUBSTITUTE AND "OR-EOUAL" IJEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or­ equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement.

PART 12	SUBCONTRACTORS, SUPPLIERS, AND OTHERS
If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute.

If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

PART 13	PREPARATION Of BIP
The Bid Form is included with the Bidding Documents. Additional copies may be obtained from DISTRICT ENGINEER or the issuing office.

All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each unit price item listed therein.

A Bid by a corporation shall be executed in the corporate name by the president or a vice­ president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

NORTH RIVER RANCH PHASES IV-A & IV-8
FEBRUARY 2021
A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature.

A Bid by an individual shall show the Bidder's name and official address.

A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

All names shall be typed or printed in ink below the signatures.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

The address and telephone number for communications regarding the Bid shall be shown.

The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number, if any, shall also be shown on the Bid Form.

PART14	BASIS OF BIP; COMPARISON OF BIDS
Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial

NORTH RIVER RANCH PHASES IV-A & IV-8
FEBRUARY 2021
Completion for each day before or after the desired date appearing in Article 6 of the Bid Form.

PART 15	SUBMITTAL OF BID
The Bid Form is to be completed and submitted with the Bid security andthe addenda.

A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted}, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to the issuing office.

PART 1§	MODIFICATION AND WJTHPRAWAL OF BID
A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening ofBids.

If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

PART 17	OPENING OF BIPS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly.

PART 18	BlDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

PART 19	EVALUATION OF BlPS AND AWARD Of CONTRACT
OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder.

NORTH RIVER RANCH PHASES IV-A & IV-8
FEBRUARY 2021
OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

In evaluating Bidders, OWNER will consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project.

PART 20	CONTRACT SECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by such bonds and insurance certificates.

PART 21	SIGNING Of AGREEMENT
21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

PART 22	SALES AND USE TAXES
22.01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. However, said taxes shall be included in the Bid. Refer to Paragraph SC-6.1O of the Supplementary Conditions for additional information.

PART23	REJAINAGE

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021

23.01 Provisions concerning retainage are set forth in the Agreement.

END OF SECTION

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
INSTRUCTIONS TO BIDDERS

PART1	DEFINED TERMS
Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

PART 2	COPIES Of BIPPING DOCUMENTS
Complete sets of the bidding documents in the number and for the purchase or deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from DISTRICT ENGINEER (unless another issuing office is designated in the Advertisement or Invitation to Bid). The deposit will be refunded only if provided for in the Advertisement/Invitation to Bidders, to Bidders who submit a bona fide bid and return the bidding documents in good condition within ten days after opening of bids. Unless stated otherwise in the Advertisement/Invitation to Bidders the purchase of plans shall be non-refundable.

Complete sets of bidding documents shall be used in preparing bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of bidding documents.

OWNER and ENGINEER in making copies of bidding documents available on the above terms do so only for the purpose of obtaining bids for the work and do not confer a license or grant for any other use.

PART3	OUAUFICATIONS OF BIDDERS
3.01 To demonstrate qualifications to perform the work, each Bidder must be prepared to submit within five days after bid opening upon OWNER's request detailed written evidence such as financial data, previous experience, present commitments and other such data as may be called for below (or in the Supplementary Instructions). Each bid must contain evidence of Bidder's qualification to do business in the state where the project is located or covenant to obtain such qualifications prior to award of the contract.
PART4	EXAMINATION OF CONTRACT DOCUMENTS AND SITE
Subsurface and Physical Conditions

The Supplementary Conditions identify:

Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Bidding Documents.

NORTH RIVER RANCH PHASES IV-A & IV-8
FEBRUARY 2021
Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by OWNER to any Bidder on request. Those reports and drawings arenot part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions have been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

Underground Facilities

A Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities, including OWNER, or others.

Hazardous Environmental Condition

A The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that ENGINEER has used in preparing the Bidding Documents.

Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by OWNER to any Bidder on request. Those reports and drawings arenot part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph
4.06 of the General Conditions.

On request, OWNER will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by OWNER or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, OWNER will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

It is the responsibility of each Bidder before submitting a Bid to:

Examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda.

Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of theWork.

Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.

Obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

Become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the Work as indicated in theBidding Documents.

Correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to Bidder.

Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of theWork.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

Any protest regarding any portion of the original Contract Documents and Technical Specifications (including but not limited to the Instructions to Proposers or any other portion of the documents) or any addendum thereto, must be filed in writing, at the offices of the DISTRICT ENGINEER, within seventy-two (72) hours after the receipt of any Addendum. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications or contract documents or addenda and submission of a bid or proposal shall evidence Bidders agreement with all such plans, specifications, documents or addenda.

PARTS	PRE-BIP CONFERENCE
5.01 A Pre-Bid conference will be held at 10:00 AM local time on Tuesday, August 13, 2019 at the office of Stantec. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are required to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective

PART§	SITE AND OTHER AREAS
6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
PABJZ	INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bidding Documents are to be submitted to ENGINEER in writing. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by OWNER or ENGINEER.

PARTS	BID SECURITY
A Bid must be accompanied by Bid security made payable to OWNER in an amount of five percent of Bidder's maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, OWNER may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Bid security of other Bidders whom OWNER believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

PART9	CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.01.A.14 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form).

PART 10	UOUIDAJEP DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
PART 11	SUBSTITUTE AND "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or­ equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGiNEER until after the Effective Date of the Agreement.

PART 12	SUBCONTRACTORS, SUPPLIERS, AND OTHERS
If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to OWNER a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by OWNER. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, OWNER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute.

If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

PART 13	PREPARATION OF BID
The Bid Form is included with the Bidding Documents. Additional copies may be obtained from DISTRICT ENGINEER or the issuing office.

All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each unit price item listed therein.

A Bid by a corporation shall be executed in the corporate name by the president or a vice­ president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature.

A Bid by an individual shall show the Bidder's name and official address.

A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

All names shall be typed or printed in ink below the signatures.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

The address and telephone number for communications regarding the Bid shall be shown.

The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the Contract. Bidder's state contractor license number, if any, shall also be shown on the Bid Form.

PART 14	BASIS OF BIQ: COMPARISON OF BIDS
Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
Completion for each day before or after the desired date appearing in Article 6 of the Bid Form.

PART 15	SUBMITTAL OF BIP
The Bid Form is to be completed and submitted with the Bid security andthe addenda.

A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to the issuing office.

PART 16	MODIFICATION AND WITHDRAWAL OF BID
A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

PART 17	OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-responsive, read aloud publicly.

PART 18	BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but OWNER may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

PART 19	EVALUATION Of BIDS AND AWARD OF CONTRACT
OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. OWNER may also reject the Bid of any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that Bidder.

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021
OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

In evaluating Bidders, OWNER will consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

OWNER may conduct such investigations as OWNER deems necessary to establish the responsibility, qualifications, and financial ability of proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

If the Contract is to be awarded, OWNER will award the Contract to the Bidder whose Bid is in the best interests of the Project.

PART2Q	CONTRACTSECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth OWNER's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to OWNER, it shall be accompanied by such bonds and insurance certificates.

PART 21	SIGNING OF AGREEMENT
21.01 When OWNER gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten days thereafter, OWNER shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

PART 22	SALES AND USE TAXES
22.01 OWNER is exempt from Florida state sales and use taxes on materials and equipment to be incorporated in the Work. However, said taxes shall be included in the Bid. Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information.

PABJ23	REJAINAGE

NORTH RIVER RANCH PHASES IV-A & IV-B
FEBRUARY 2021

23.01 Provisions concerning retainage are set forth in the Agreement.

END OF SECTION

l!RIPA

&ASSOCIATES

NORTH RIVER RANCH PHASES 4A & 4B
NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT

•&RASSIOPCIAATES
December 04, 2020

North River Ranch Community Development District C/0 Clearview Land Design
Attention: Chris Fisher
3010 W. Azeele Street, Suite 150
Tampa, Florida 33609

RE: North River Ranch Phases 4A & 48

Dear Mr. Fisher:

RIPA & Associates is pleased to submit our Contractor Qualifications and proposal for the North River Ranch Phases 4A & 4B project. This proposal was prepared in accordance with plans and specifications provided by your firm.

RIPA is Tampa Bay's leader in site development. Our resources and experience will allow us to deliver this project in an expeditious and cost effective manner. We clearly understand what it takes to successfully complete this project while focusing on safety and customer satisfaction.

If you should have any questions or concerns or need any additional information, feel free to call me at our office or on my cell phone at 813.417.6920. We thank you for the opportunity to bid this project and we look forward to working with you in the near future.

Sincerely yours,

RIPA & ASSOCIATES, LLC
Andrew Babchick Estimator

RIPA

& A   S   S   O    C   I   A   T   E   S

NORTH RIVER RANCH PHASE IV-A	
I		I	I		I			
Bid Summary	

STREETS AND DRAINAGE: . ... .............	..... . ...... .. . ... . .. .. ... . ... ... ... .. .... .. ... . ... .. . .. .... .		
$	7,234,542.15	

MISCELLANEOUS: .....................................................................................

SANITARY SEWER COLLECTION SYSTEM: ..................................................	$	243,000.00	
		$	1,517,675.25	

WATER DISTRIBUTION SYSTEM: .. ...... .. .. .. .. . ... ... ... ... . .... ... ... . ... ....... ..... ... ....		$	536,815.65	

RECLAIMED WATER DISTRIBUTION SYSTEM: .............................................		$	367,966.75	

TOTAL:   ..................................................................................................		
$	9,899,999.80	
TOTAL DAYS TO (SUBSTANTIAL/ FINAL) COMPLETION: .. ..............................		226 / 261 calender days	
		
The principle items of work and quantities shown herein are approximate only and are furnished solely for the purpose	
of showing the approximate scope of work to be performed. The Contractor shall examine the site of the work and shall	
inform himself fully in regard to all conditions pertaining to the place where the work is to be done. It is the Contractor's	
responsibility to perform his own quantity take-off and shall submit his bid showing the items of all work, unit prices	
and lump sum price for all work called for in the plans, specifications and contract documents based on his assessment	
of the work to be performed. No claim shall be made against Clearview Land Design P.L., nor the Owner for any errors or	--	
omissions in the Contractor's items of work and quantities, and the unit prices shall only be used as a basis		
of payment to items specifically added or deleted upon change order approved by Owner and Clearview Land Design P.L.	
and as a basis for computing partial pay estimates when called for in the contract.	
I		I		I		
NOTE: Unit prices for all underground construction shall include all costs necessary to comply with the "TRENCH	
SAFETY ACT" and conform with all Occupational Safety and Health Administration (OSHA) regulations.	

Contractor's Name:	

(T)1)cd or Printcd)		

Address:					

By	
rs.1, mat urel	
 Title:	Telephone No.:	 		
Job No.	
File Name P:\Company\Engineering Documents & Programs\Hillsborough County\Quantities	
Date:	
KM/	

STREETS AND DR	

AIN	

AGE				
Item
No.		
Descnintion	
Unit	Estimated Ouant itv		Unit Price			Total Amount	
1.	Mobilization		LS	1	$	194.000.00		$	194.000.00	
-
2.	
Compliance with reauirements ofFDEP Generic NPDES Permit	
LS	
1	
$	
29,000.00	
$	
29,000.00	
4.	Clearing and Grubbin2:	LS	1	$	648.000.00	$	 	648.000.00  	
5.	Solid Sod (Side slopes steeper than 5:1)	SY	115,625	$	2.50	$	289,062.50	

Grass and Mulch (Side slopes flatter than 5:1)

Unclassified Excavation

SY	353,500	$	0.30	$

LS	1	I	INCLUDED	$

106,050.00
-

I
Demolition Work/Removal & Disnosal Off-site*

LS	-	1   ----f $

5.900.00

$	5.900.00

9.

10.

Wetland and Deleterious Soils Removal (if reouired l**

Berm Construction

1    LS	1	($30.00 I CY)
LS	1	$	17.500.00

$	 	-	
$	17.500.00

Anchor Block Retaining Wall	LF

240

'  $	305.00

$	73,200.00

10.

11.

12.

12.

Final Grading	LS

Off-site Fill {ifr equired)***	LS -
Off-site Fill (In Place-Comoacted)	LS Earthwork to Mass Grade/Balance Phases IV-A & IV-B
Cut	CY
Fill	CY

Earthwork to Stocknile for future ohases

1

STANDARD
-

1

294100

$	69,000.00 ($12.00 / CY) ($5.00 I CY)

$	3.25
$	-

$	69,000.00
$	 	-	
$	 	-	

$	955.825.00
$	 	-	

Cut

CY	826750

$	2.50  - $	2.066,875.00

Fill	CY
I

$	-	$	-

*Demo/Removal and off-site removal shall be accordin!I: to all Federal. State & Local reeulations.
*On-Site well(s) to be abandoned ner SWFWMD ReQuJat ion 40D-3.531 I
**Provide anticipated earthwork auantirv for informational ournoses
***Provide anticioated auantitv total □rice oer vard and orice breakdown to ourchase haul & place for informational pumoses
I
I

STREETS AND DRAINAGE	
Item				Estimated	Unit	Total	
No.	Descrintion		Unit	Ouant irv	Price	Amount	
							
		LS					
12.	SLgnin and Pavement Markin2		1	$	34 .526.40		$	 	34 526.40  	
							
12.	Saw-Cut and Match Existin!! Pavement	EA	2	$	980.00		$	1,960.00	
							
12.	DrainaJ?e Swale	LF	280	$	6.20		$	 	1 736.00  	
								
12.	Staked Erosion Control	LF	28530	$	1.25		$	35 662.50	

12.								
	1.75" Asohaltic Surface Course (Tvoe S-9.5)	SY	22950	$	12.50		$	286,875.00	
							
12.	6" FOOT Base Course****	SY	19000	$	16.20	$	307,800.00	
							
12.	8" FOOT Base Course****	SY	3950	$	20.85		$	82,357.50	
							
12.	12" Stabilized Subgrade	--	SY	3950	$	4.60		$	18J70.00	
			I					
12.	6" Stabilized Sub!!rade		SY	19000	$	4.60		$	 	87.400.00  	
							
12.	5' Concrete Sidewalk (non-reinforced)	LF	2784	$	20.25		$	56,376.00	
								
12. 10' Concrete Sidewalk (non-reinforced)	LF	850	$	40.45		$	34 382.50	
I						30. --	
12. ADA Sidewalk Ramo oer FDOT Index 522 (Corn olete)	EA	30	$	1.000.00		$		
						
 I -		
-					
****The contractor shall base his bid on construction the crushed concrete base thickness as shown in plans.					
The crushed concrete base shall meet or exceed the reauirements of the County Engineer. The materials				
shall be produced from a source approved bv the Florida Deoartment of Transoortation or the Countv Ene:ineer.				
							
*•* The contractor shall base his bid on constructing the soil cement base with full blend borrow material with a minimum seven (7) dav comoressive	
strength of 300 osi for	inch (	") soil cement base. If additional cement material is reauired at the time of construction due				
to the contractor wanting to mix when slightly excessive moisture is present or if "wet soots" are encountered, then the contractor is resoonsible	
for the additional cost.	
	I	I				

STREETS AND DRAINAGE	
Item			Estimated	Unit	Total	
No.	Descri11tion	-	-	Unit	Quanti t)'	Price		Amount	
					
12.	Concrete Miami Curb (Tvo e A ) W/Stabilization	LF	16300	I $	13.10	$	213.530.00	
						
99.	Concrete Curb and Gutter (Type F ) W/Stabilization	LF	1600	$	16.00	$	25 600.00	
					
99.	Concrete Curb (Type D) W/Stabilization	LF	600	$	11.65		$	6.990.00	
							
12.	"T" Type Turnaround (install)	EA	1		$	2.750.00		$	2.750.00	
							
12.	Dead End Barricade (install)	EA	7	$	175.00	$	1.225.00	
						
•• .. The contractor shall base his bid on construction the crushed concrete base thic kness as shown in plans.			
The crushed concrete base shall meet or exceed the requirements of the County Engineer. The materials			
shall be oroduced from a source aooroved bv the Florida Deoartment of Transportation or the County Engineer.		I	
•••**All cost for stabilization under curb shall be included in the unit orice for the construction of the curb.					
							
I							

STREETS AND DRAINAGE	
						-	
Item			Estimated	Unit	Total	
No.	Description	I Unit		Quant it'V	Price	Amount	
						
12.	6" Underdrain	LF	I	2420	$	15.50		$	37.510.00	
							
12.	6" Underdrain Cleanout	EA	14	$	290.00		$	4.060.00	
		'				
12.	8" HOPE	LF	640	$	17.35		$	11.104.00	
							
12.	12" HOPE	LF		180	$	21.20		$	3.816.00	
							
12.	15" RCP	LF	290	$	38.30		$	11.107.00	
							
12.	18" HOPE	LF	850	$	35.75		$	30.387.50	
							
12.	18" RCP	LF		3065	$	 	46.45  		$	 	142.369.25  	
								
12.	24" RCP	LF	1980	$	61.45		$	121.671.00	
12.							
	30" RCP	LF	3040	$	84.60		$	257.184.00	
							
12.	36" RCP	LF		195	$	110.00		$	21.450.00	
....._	'°42" RCP						
		LF	185	$	140.00		$	25.900.00	
12 .							
							
12.	48" RCP	LF	250	$	170.00		$	42,500.00	
							
12.	54" RCP	LF	385	$	220.00		$	84,700.00	
						
12.	66" RCP	LF		400	$	385.00		$	154.000.00	
							
12.	Inline Drain	EA	6	$	900.00		$	5.400.00	
							
12.	Dram Basin	EA	4	$	900.00		$	3.600.00	

		I				

STREETS AND DRAINAGE	
Item		Estimated	Unit	Total	
No.	Description	Unit	Ouantitv	Price			Amount	
12	F'DOT Type ieurb Inle t ( 3 - 6" x 4'-0" Box)					
		EA	4	$	5.350.00		$	21.400.00	

12.	
Type 1 Curb Inlet		
EA	
40	-	
$	4,250.00	
-		
								$	170,000.00	
		I			
12.	Type 1 Curb Inlet	(w/"J" Bottom)	EA	3		$	6.000.00		$	18,000.00	
	
I					
   12. Type C Ditch Bottom Grate Top Inlet	EA	6		$	2.200.00		$	13 200.00	
					
12. Type P Manhole		EA	15	$	2,750.00		$	41.250.00	
								
12.	Type J Manhole	EA	1	$	7.900.00	$	7.900.00	
							
12.	Control Structure 29 "Type C" (complete)	LS	1	$	3.900.00	$	3.900.00	
						
$	-	
12.	Control Structure 31 "Type H" (comr>lete)	LS	1	$	15.500.00			15.500.00	
						
12.	Control Structure 34 "Type H" (complete)	LS	1	$	15.500.00	$	15.500.00	

12.							
	Control Structure 46 "Type C" (complete)	LS	1	$	3.900.00	$	3.900.00	
							
12.	Control Structure 54 "Type C" (complete)	LS	1	$	3.900.00		$	3.900.00	
							
12.	Control Structure 56 "Type H" (complete)	LS	1	$	15.500.00		$	15.500.00	
							
12.	Control Structure 73 "Type C" (complete)	LS	1	$	3.900.00		$	3.900.00	
							
12.	Control Structure 83A "Type C" (complete)	LS	1	$	3.900.00		$	3.900.00	
							
12.	Control Structure 124 "TypeD" (complete)	LS	1		$	5.250.00		$	5.250.00	
							
12.	Control Structure 126 "Type C" (complete)	LS	1		$	3.900.00		$	3.900.00	
							
,- 12.	 Control Structure 128 "TypeH" (complete)	LS	1	$	15.500.00		$	15.500.00	
							
12.	Control Structure 130 "TypeD" (complete)	LS	1	$	5 250.00		$	5.250.00	

I						
   12. Control Structure 132 "Type D" (complete)	LS	1	$	5.250.00		$	5.250.00	
						
12. c o ntrol Structure 149 "TypeD" (complete)	
1	LS	1	$	5.250.00		$	5.250.00	
							--	

STREETS AND DRAINAGE	
Item			Estimated	Unit	Total	
No.	Descriiotion	Unit	Ouantitv	Price	Amount	
							
12.	Mitered End Section 15" RCP	EA		0	-	$	1.500.00		$	-	
									
12.	Mitered End Section 18" RCP	EA	9	$	1.600.00		$	14A00.00	
							
12.	Mitered End Section 24" RCP	EA	9	$	1.750.00		$	15.750.00	
							
12.	Mitered End Section 30" RCP	EA	5	$	2.900.00		$	14 500.00	
							
   12. Mitered End Section 36" RCP
I	EA	3	$	3.550.00 I	$	10.650.00	
					
12. Mitered End Section 42" RCP	EA	1	$	4.300.00		$	4.300.00	
						
12.	Mitered End Section 48" RCP	EA	1	$	4,900.00		$	4.900.00	
							
12.	Mitered End Section 54" RCP	EA	1	$	7.550.00		$	7.550.00	
					
12.	Mitered End Section 66" RCP	EA	1	$	10.000.00		$	10.000.00	
					
12.	Geospillway "A" 4 feet wide	LS		1		$	1,800.00	$	1,800.00	
						
12.	Geospillway "B" 3 feet wide	LS	1	$	1,800.00	$	1,800.00	
						
12.	Geospillway "C" 14 feet wide	LS		1		$	5,400.00		$	5,400.00	
						
12.	Geospillway "D" 8 feet wide	LS		1		$	3,600.00		$	3,600.00	
								
12.	Geospillway "E" 14 feet wide	LS	1	$	5,400.00		$	5,400.00	
		!
LS			
12,500.00			
12.	Geospillway "F" 30 feet wide		1	$			$	12,500.00	
						
12.	Geospillway "G" 12 feet wide	LS		1		$	5,400.00		$	5,400.00	
						
12.	Plug	18" RCP	Structure # 92	EA		1		$	310.00		$	310.00	
							
12.	Plug	18" RCP	Structure# 95	EA		1		$	310.00		$	310.00	
							
12.	Plug 30" RCP	Structure # 87	EA	1	$	310.00		$	310.00	
								
12.	Structure # 87 with Temp Concrete Tops	EA	1	$	4.250.00		$	4250.00	
							
12.	Structure# 95 with Temp Concrete Tops	EA	1	$	4.250.00		$	4.250.00	
							
	Storm Testing and Dewatermg	LS		1		$	90.500.00		$	90.500.00	
			I		
				TOTAL		$	7.234.542.15	
By:	
Checked:	
Engineer:	

						
		I				
MISCELLANEOUS ITEMS		
Item			Estimated		Unit		Total	
No. 1	Descri otion	Unit	Ouantitv	1	Price		Amount	
	I		
						
1.	Boundary Survey, PCPs & Lot Comers - (By others)	I
--··	 	BYOTIIERS			$	-	
						
	Bid Bond	LS	1	INCLUDED		$	-	
					
2.	Performance Bond	LS	1	$ 125,000.00		$	125,000.00	
								
3.	Record Drawing - (By Others)				BYOTIIERS		$	-	
								
4.	Survey Stakeout - (By Others)			BYOTIIERS		$	-	
							
5.	Soils, Materials Testing- (By Others)			BYOTIIERS		$	-	
						
6.	Water System Testing & Inspection	LS	1	$	36,000.00		$	36,000.00	
							
7.	Reclaimed Water System Testing & Inspection	LS	1	$	27,500.00		$	27,500.00	
								
8.	Sewer System Testing & InsQection	LS	1		$	54,500.00		$	54,500.00	

TOTAL			
		I			$	243,000.00	
By:	
			1			
Checked :	
		I		I	
Engineer:	
	
				I I	

'

2

			I			
SANITARY SEWAGE COLLECTION SYSTEM	
Item			Estimated	Unit	Total	
No.	Description	Unit	Quantity	Price	Amount	
							
1.	8"	PVC	(0' - 6' Cut)	LF	705	$	27.45		$	19,352.25	

3.								
	8"	PVC	(6' - 8' Cut)	LF	1300	$	28.50		$	37,050.00	
								
5.   8"	PVC (8' - 10' Cut)	LF	1450	$	29.75		$	43,137.50	
							
4.	8" C 900 PVC (8' - 10' Cut)	LF	20	$	44.05		$	881.00	
								
6.	8"	PVC (10' - 12' Cut)	LF	1185	$	31.40		$	37,209.00	
6.			LF	
1240	
$	35.00		
$	43,400.00	
	8"	PVC (12' - 14' Cut)						
						
6.	8"	PVC (14' - 16' Cut)	LF	405	$	61.50		$	24,907.50	
					
8.	 8"	PVC (16' - 18' Cut)	LF	-	320	$	75.75		$	24,240.00	
							
9.	8"	PVC (I 8' - 20' Cut)	LF	490	$	89.50	$	43,855.00	
						
10.	8"	PVC (20' - 22' Cut)	LF	255	$	105.00		$	26,775.00	
				
380				
12.	8"	PVC (22' - 24' Cut)	LF		$	130.00		$	49,400.00	
						
19.	Standard Manhole (0' - 6' Cut)	EA	5	$	3,450.00		$	17,250.00	
						
20.	Standard Manhole (6' - 8' Cut)	EA	4	$	3,600.00		$	14,400.00	
						
21.	Standard Manhole (8' - 10' Cut)	EA	7	$	4.000.00		$	28,000.00	
				I	
22.	Standard Manhole (10' - 12' Cut)	EA	5	$	4.400.00	$	22,000.00	
							
23.	Standard Manhole (12' - 14' Cut)	EA	3	$	4,900.00		$	14,700.00	
						
24.	Standard Manhole (14' - 16' Cut)	EA	2	$	5.700.00	$	11,400.00	
					
$			
25.	Standard Manhole (16' - 18' Cut)	EA	1		6,050.00	$	6,050.00	

SANITARY SEWAGE COLLECTION SYSTEM	
Item	I Estimated	Unit	Total	
No.		Descri otion	Unit		Ouantitv	Price	Amount	
				
    25. Polymer Manhole    (IO' - 12' Cut)	EA		l	$	25500.00		$	25,500.00	
							
22. Polymer Manhole	(18' - 20' Cut)	EA		2	$	31 000.00		$	62,000.00	
									
23.	Polymer Manhole	(20' - 22' Cut)	EA		l	$	33.000.00		$	33,000.00	
		I				
24.	Polymer Manhole	(22' - 24' Cut)	EA	3	$	26.000.00		$	78,000.00	
							
25.	Water Tight Manhole Seals	LS	I	$	5.000.00		$	5,000.00	
							
8.	8" Plug and Stub		EA	4	$	815.00		$	3,260.00	
								
	6" x 4" Reducer	EA	l	INCLUDED	$	-	
							
	8" x 6" Reducer	EA	l	$	405.00	$	405.00	
						
4.	8" x 6" Tee Wye		EA		2	$	900.00		$	1,800.00	
									
4.	 8 " x 8" Tee Wye	EA	I	$	900.00		$	900.00	
			-	l				
4.	16" x 8" Tee Wye	EA		$	1.600.00		$	1,600.00	

SANITARY SEWAGE COLLECTION SYSTEM	
Item	Estimated	Unit	Total	
No.	Descri ption	Unit	Quanti ty	Price	Amount	
n.	
-S ingle Sewer Service Connection *						
		EA	12	$	710.00		$	8,520.00	
							
25.	Double Sewer Service Connection*	EA	116	$	1,250.00		$	145,000.00	
									
29.	Pump Station (complete) (30	- 32' Cut)	LS	1	$	486,500.00		$	486,500.00	
								
30.	6" PVC Forcemain	LF	1480	$	17.45		$	25,826.00	
							
31.	6" Plug		EA	1	$	290.00		$	290.00	
								
31.	6"  Plug Valve	-	EA	3	$	2,000.00		$	6,000.00	
							
	Air Release Valve	EA	2	$	4.800.00		$	9,600.00	
							
3.	8" PVC Forcemain	EA	4340	$	21.10		$	91,574.00	
			
1				
31.	8" Plug	EA		$	880.00	$	880.00	
						
31.	8" Plug Valve		EA	8	$	2.500.00	$	20,000.00	
								
3.	16" PVC Forcemain	EA	20	$	58.15		$	1,163.00	
							
3.	16" Plug Valve		EA	1	$	12,500.00		$	12,500.00	
								
3.	16" Steel Casing	LF	100	$	110.00		$	11,000.00	
						
1.   6"  45°	Bend	EA	21	$	400.00		$	8,400.00	
						
1.   8"  45°	Bend	EA	25	$	575.00		$	14,375.00	
						
12.  8" 90°	Bend	EA	1	$	575.00		$	575.00	
						
19. Joint Restraint	LS	1	INCLUDED		$	-	

$	1,517,675.25	
						TOTAL				
By:				
							
Checked:	
							
Engineer:	

* Shall consist of all bends tees oluos cleanouts or anv other aoourtenancecsomorisino a comolete service.	
** Shall consist of all pipe, valves, tees, fittings or any other appurtenances comprising a complete working assembly.	

		-							
		WATER DISTRIBUTION SYSTEM	
Item			Estimated	Unit	Total	
No.	Descri otion	Unit	Ouantitv	Price	Amount	
-
1.									
	Remove Plue and Connect to								
	Existing 24" Water Main --	LS	1	$ 2,500.00		$	2,500.00	
							
2.	Connect to Existing 12 " Water Main	LS	1	$ 1,400.00		$	1,400.00	
							
3.	Temporary Construction Meter Assembly	LS	l	$ 6 , 050.00		$	6,050.00	
							
4.	8" x 24" Tapping Valve and Sleeve	EA	1	$ 9,150.00		$	9,150.00	
							
8.	8" PVC Water Main	LF	8760	$	22.15		$	194,034.00	
				$			

$	19,610.00	
9.	10" DIP Water Main	LF	370	-		53.00			
r8	"						
15.	Gate Valve	EA	38	$ 1,500.00		$	57,000.00	
						
15. '10" Gate Valve	EA	2	$ 2,100.00		$	4,200.00	
						
15.	8"  22½ 0	Bend	EA	5	$	295.00		$	1,475.00	
							
15.	8" 45 °	Bend	EA	28	$	295.00		$	8,260.00	
							
15.	10" X 8" Tee	EA	I	$	535.00		$	535.00	
						
15. 8" X  8" Tee	EA	6	$	460.00		$	2,760.00	
							
15.	8"  X    8" Cross	EA	2	$	485.00		$	970.00	

Total
Amount

-

Single Service (Long)**

Double Service (Long) **

$

-

ADDTEMPORARY BLOWOFFASSEMBLY

$	980.95

I

BY:

I

I

11

** Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

-
Shall consist of all pipe, valves, tees, fittings or any other appurtenances comprising a complete working assembly.

*

Engineer:

Checked:

I

536,815.65

$

TOTAL

6,866.65

$

7

EA

INCLUDED

1

LS

Joint Restraint

15.

-

$

$ 2,000.00

EA

Shock Pad	(Contingency)

15.

49,450.00

$

$ 1,150.00

43

EA

_li,

17,365.00

$

$	755.00

23

EA

15.

52,000.00

$

$ 1,000.00

52

EA

Double Service (Short) **

15.

22,440.00

$

$	660.00

34

EA

Single Service (Short) **

15.

3,250.00

$

$ 3,250.00

1

LS

Water Service to Lift Station

15.

11,500.00

$

$ 11,500.00

1

EA

Blow-off Assembly *

15.

66,000.00

$

$ 5,500.00

12

EA

Fire Hydrant Assembly *

Price

Quantity

Unit

DescriD tion

No.

Unit

Estimated

Item

WATER DISTRIBUTION SYSTEM

Item No.

RECLAIMED WATER DISTRIBUTION SYSTEM
Estimated	Unit	Total
Descrintion	Unit	Ouantitv	Price	Amount

Remove Blow-off and Connect to
2.	Existing 6 " Reclaimed Water Main
5. 2" PVC Reclaimed Water Main
5. 6"  DIP Reclaimed Water Main
5. 6" PVC Reclaimed Water Main
5. Blow-off Assembly *

LS	1
LF	45
LF 1	480
LF	8420
EA	7

$ 1,050.00

$	14.55

$	39.40

$	16.00

$	880.00

$	1,050.00

$	654.75

$	18,912.00

$	134,720.00

$	6,160.00

15.

16.

18.

2" Plug	I EA	4
2"  Gate Valve	EA	2
6"  Gate Valve	EA	37

INCLUDED

$	675.00

$ 1,100.00

$	-
$	1,350.00

$	40,700.00

26. 6"

11¼ 0	Bend	--

EA	I

$	225.oo I

$	225.00

26.  6"   22½ 0	Bend	EA	16
26.  6"    45 °	Bend		I EA	45

$	225 .00
f $	225 . 00 -

$	3,600 .00
$	10,125.00

26 .

6"  X   6" Tee

EA	8

-$	350.00

,- $

2,80-0.00

26.-,-6" X 2" Tee

EA	3

$	35 0.00

$	1,050.00

26.

6"  x  6" Cross	-	-

EA	I

$	470.00

$	470.00

26.

PVC to DIP Transistion Fitting

EA	3

$	500.00

$	1,500.00

'

RECLAIMED WATER DISTRIBUTION SYSTEM

Item
No.

Deserio lion

Estimated
Unit	Quant itv

Unit
Price

Total
Amount

99. Water Service Sleeve

LF

0

$

-

$

99. Single Service (Short) **
999. Double Service (Short)**

9.

EA EA EA EA
EA

10

$	655.00	$

-
6,550.00

49

$ 1,000.00

$

49,000.00

9.

Single Service  (Long) **
Double Service (Long)**

21

$

750.00

$

-
15,

750.00

9.	60

- $ 1,100.00

$

66,000.00

Shock Pad (Contingency)

$ 2,000.00	$

-

99. Joint Restraint

LS

INCLUDED	$

ADD 2" PVC SLEEVE
I
ADD4" PVC SLEEVE

I
ADD 611 PVC SLEEVE

LF LF
LF

300

300
300

I
I I

$

-
6.50 $		1,950.00  

I
I

$

8.25	$	2,475.00  

I I

$

9.75	$	

I I

2,925.00

TOTAL

'

$

367,966.75

 Bv:	
I
Checked:

--

Engineer:

l

I

l I
I I

.*..

Shall consist of all pipe, valves, tees, fittings or any other appurtenances comprising a complete working assembly.
Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

Bond No.: N/A
THE AMERICAN INSTITUTE OF ARCHITECTS
A/A Document A310
 	Bid Bond	

KNOW ALL MEN BY THESE PRESENTS, that we
Ripa & Associates, LLC
1409 Tech Boulevard, Suite 1
Tampa, FL 33619

as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 1 North Dale Mabry Highway, Suite 1005
Tampa, FL 33609

a corporation duly organized under the laws of the State	CT
as Surety, hereinafter called the Surety, are held and firmly bound unto
North River Ranch Community Development District c/o Clearview Land Design, P.L.
3010 W. Azeele Street, Suite 150
Tampa, FL 33609

as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid in U.S. Dollars ($5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS the Principal has submitted a bid for
North River Ranch Phases IV-A & IV-B - Manatee County, FL.
Site Development Improvements

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

Signed and sealed December 04, 2020

Michelle Barthle	(Witness)

.,.

Travelers Casualty and Surety Company of America

(Witness)

SURETY BONDS

Performance Bonds I Contract Bonds I License Bonds I Court Bonds

Travelers casualty and Surety Company of America Travelers casualty and Surety Company
St. Paul Fire and Marine Insurance Company

TRAVELERSJ

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America,. Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
·companies"), and that the Companies do hereby make, constitute and appoint  David B. Shick	of TAMPA	, Florida	, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all  bonds,  recognizances, conditional undertakings and other writings obligatory  in the  nature thereof  on  behalf  of  the  Companies  in  their  business  of  guaranteeing  the fidelity of persons,  guaranteeing  the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,

2017.

State of Connecticut City of Hartford ss_

By:

On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Sur€!ty Company, and Sl Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer_

In Witness Whereof, I hereunto set my hand and official seat
My Commission expires the 30th day of June, 2021	C.

Marie C. Tetreault, Notary Public

This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors al any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates  of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached_

I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this      4th      day of  December  ,      2020

"l<evin E. Hughes, Assistant Secretary

To WNiFy the authenticity oF this Power of Attorney, please call us at 1.-800-421.-:JBBO.
Please refer to the above-l1ilmed Attorney-in-Fact and the details of the bond to which the power is attached.

 	 	

ID    (II	Task Name
o	i North River Ranch Ph 4A
g		Notice to PrOceed I Receipt of An Permits MobiiiZStfon
- s·UinTlittaiSTsh1i°p Drawings iPiei::aS-t Production --

---··-Site Preperation

SifFence / Tree Barricades

7-	Clearing & Grubbing

EBrthWO_rk..
-Sfripping & OiScii,g Site
stte·Excavauon - ...- ·-
12	o"ewa·ie- ng tor sa"rlitary··sewer-
13
Utility Installation
Wet well & Sanitary Sewer

Storm Drainage   ·-

Pl'esSUl'e P-ipe

16

RoadW.iY Installation

Subgrade Preperation

Curb Installation

Base & Prime

Utility Teslirlg / Underdrain

Asphiiti-P8\liri-g
25	- SUbSt2111t1ai"COfflpietiOn
26

Final Completion I Close Out

Final Grading I Sodding I Sidewalk

Striping & Signage

Final lnspeclion / Punchlist / Reinspection
31	- Firi81-COR1Pieu0n	

-	l;J.J!E!JIQ!L_
179 days o days tfc!Bys
40 days

70 days
s days
65 days

105-da)'.s

sO days 100 days fo days

85 days

55 ciays

75 <tays

58 da-ys

43 days

17 days

12 days 19days 10days
3days
0 d-ays

61 days

39 days

2 days

20 days

Odays	Start
Mon 1/11/21	Finish   _
Tue 9/21/21	t	l/.2i, _'._	2_Q.'_2J)_].j_ll!l_'IJ).  2_LJ_ao  _:;J _._'2L  l'e _b 2 J_._'

11/11
h¾
l
l

-	Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup ♦	L14.'_2il	p_rA._'2L

•	h!>L2JL .'.2L May_jJl, 21 ibJn_6, 2_1._.i. o_2 I...'.21-JuilL  '2LA  g_ ._'21 AU<L2 ..'.;!1 s _ep_1i, '.21 OgJQ._'2J 0

.

r	r
I	i

.r a,19

...
-i
♦'l 9121
Manual Summary	♦	Exlemal Milestone
Start-only	Progress
Finish-cm(y	Deadline	.().
External Tasks	
			Mon 1111121	Mon 1/11121							
			---Mon·1;;·1,21	I=ri 1115iii1							
			M o. n 1/11/21	Fri 3/5/21							
			
M0i1/11i21	
Fri 4/16/21							
			Mon 1/11121	Fti 1115/21							
			Mon 1/18121	Fri 4/16121							

Mon211i21	
-,..•• s12s,21							
			-Mon 2/1/21-	Fri 4/23121							
			MOl12i8i21.	- Mon-s72e121							
			Mon 2i22121	Fri :i/5/2--1							
			
Mon 3/8/21	
--TLleT/6/21  							
			Mon 3/8121	Fri 5121/21							
			Mo·n :i/Wif ..	TU"e".7"i6i2f							
			Mon 4/5'21-	
Thu 6/24/21							
			
Moii11i211fi	Toua11ii2-i							
			Mon 6/21/21	Wed 7/14121							
			Wed 6/30121	Fri 7116/21							
			Wed7n/21	Mon 8/2/21							
			Tue 8/3/21	Mon 8/16/21							
			Tue 8/17121	Thu 8/19121							
			Thu 8/19121	- Th-u 8/19'21							
			
Fri 6/25/21	
Tue 9/21/21							
			Fli 6125121	Thu 8/19121							
			Fti 8120121	Mon 8/23/21							
			Tue 8/24/21	Tue 9121121							
			Tue 9/21/21	Tue 9/21121							
	Task		Project Summary
1111111111111111111111111               External Tasks
External Milestone
Inactive Milestone					
Project: North River Ranch Ph 4A Date: Fri 12/4120	Split
MIiestone							
	Summary							
		Page 1	

-

 	

 	

CORPORATE HEADQUARTERS
1409 Tech Boulevard, Suite l
Tampa, FL 33619

VENICE OFFICE
108 Triple Diamond Boulevard North Venice, FL 34275

GENERAL INFORMATION
Email: info@ripaconstruction.com

HUMAN RESOURCES:
Email: hr@ripaconstruction.com (813) 663-6720
(813) 663-6726

NEW PROJECTS:
Chris LaFace
Email: claface@ripaconstruction.com

FLORIDA LICENSED CONTRACTOR CGC009082
CUC057369 PCC056774
Contractor V 893536-0001-2007 CUC,224980
FPC12-000056

FLEET DEPARTMENT	 	
10149 Fisher Avenue
Tampa, FL 33619

813.623.6777 Phone

RIPA

813.663.6721 Fax WWW.RIPATAMPA.COM
&ASSOCIATES

SECTION 00520 AGREEMENT

THIS AGREEMENT is by and between	North River Ranch Community Development District

(OWNER) and (CONTRACTOR).

   Ripa & Associates	

OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1	WORK

1.01	CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

   North River Ranch Phase IVA	

ARTICLE 2	THE PROJECT

2.01	The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

   All labor materials e ui ment and all incidentals for construction of the roadwa
   and utilities.	

ARTICLE 3	ENGINEER

3.01	The Project has been designed by Clearview Land Design, P.L. (ENGINEER), who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4	CONTRACT TIMES

Time of the Essence

All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

Days to Achieve Substantial Completion and Final Payment

The Work to be performed under this Agreement shall be commenced no later than ten (10) days from the date of the Notice to Proceed and will be Substantially Completed within 226 calendar days after the date the Contract Times commence to run as noted in the Notice to Proceed: The work will be completed and ready for Final

Payment within 261 calendar days from the date the Contract Times commence to run as noted in the Notice to Proceed:

Liquidated Damages

CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Should the CONTRACTOR, or in case of his default, the Surety fail to complete the Work within the time stipulated in the contract or within such extra time as may have been granted by OWNER, the CONTRACTOR, or in case of his default, the Surety shall pay to OWNER, not as a penalty but as liquidated damages, the amount of $500 per day for the first two weeks of said breach or default and $1,000 per day thereafter.

ARTICLE 5	CONTRACT PRICE

5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the SUM of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item.

As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.

Total of all estimated prices: Nine Million Eight Hundred Ninety Nine thousand Nine hundred Ninety Nine Dollars and Eighty Cents ($ 9,899.999.80).

ARTICLE 6	PAYMENT PROCEDURES

Submittal and Processing of Payments

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.

Progress Payments; Retainage

OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:

Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions:

Ninety percent of Work completed (with the balance being retainage).

Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 90 percent of the Work completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions.

Final Payment

Upon final completion and acceptance of the Work in accordance with Paragraph
14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.07.

ARTICLE 7	INTEREST

7.01 All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.74, Florida Statutes.

ARTICLE 8	CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions.

CONTRACTOR has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto.

CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents.

CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9	CONTRACT DOCUMENTS

Contents

The Contract Documents consist of the following:

This Agreement

Performance Bond

Payment Bond

Other Bonds

General Conditions

Supplementary Conditions (and special provisions)

Technical Specifications

Drawings

Addenda

Exhibits to this Agreement

Bid Package

CONTRACTOR's Bid Form and Bid Proposal

Documentation submitted by CONTRACTOR prior to Notice of Award

The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

Notice to Proceed

Work Change Directives.

Change Order(s).

The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 8.

The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 10 COMPLIANCE WITH PUBLIC RECORDS LAWS.

10.01 Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Vivian Carvalho ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public

records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 382-3256, CARVALHOV@PFM.COM, OR 12051 CORPORATE BOULEVARD, ORLANDO, FL 32817.

ARTICLE 11 MISCELLANEOUS

Terms

Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

Assignment of Contract

CONTRACTOR agrees that he or she shall not be allowed to assign any rights under or interest in the contract without the written consent of the OWNER; and, specifically, but without limitation, moneys that may become due and moneys that are due many not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law}, and unless specifically states to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

Successors and Assigns

OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Severability

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

Other Provisions

None.

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR and ENGINEER. All portions ofthe Contract Documents have been signed or identified by OWNER andCONTRACTOR or on their behalf.

This Agreement will be effective on	, 2021(which is the Effective Date of the
Agreement).

OWNER:	CONTRACTOR:

North River Ranch Communit y DevelopmentDistrict	-'R'--"=i =a--='&-A'- =s=so==cr=----, 1---	-+--    -	-	-	-	-	-
By:	 		By:

Title:	Title:

[CORPORATE SEAL]	[CORPORATE SEAL]

Attest:	 		Attest:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Title:	_  _  _  _  _  _  _  _  _  _  _  _  _  _	Title:_ _ _ _  _  _  _  _  _  _  _  _  _  _  _  _

Address for giving notices:	Address for giving notices:

 	Ms. Vivian Carvalho		 	

 	Public Financial Management	   	

12051 Corporate Blvd.
 	Orlando FL 32817		 	

- - - - - - - - - - - -

License No.:
(Where applicable)
Agent for service or process:	 	

(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.)

11/17/2020	SECTION 00520

■    ■	..

C	t	t

'	A	r	f	F	p	t N

	Application Period:	Application Date:	
To (Owner):	From (Contractor):	Via (Engineer)	
Project:	Contract:		
Owner's Contract No..	Contractor's Project No.:	Engineer's Project No.:	

APPLICATION FOR PAYMENT
Change Order Summary

Approved Change Orders	
Number	Additions	Deductions	

			

			

TOTALS

NET CHANGE BY CHANGE ORDERS			

1. ORIGINAL CONTRACT PRICE..........................................................  $    	
2. Net change by Change Orders .........................................................    $    	
CURRENT CONTRACT PRICE (Line 1 ± 2)	$

TOTAL COMPLETED AND STORED TO DATE
(Column Fon  Progress Estimate) ...................................................  $    	
RETAINAGE:

  

%x$	WorkCompleted	$

% x $	Stored Material.	$

c.  Total Retainage (Line Sa + Line Sb) ............................................   $    	
6.  AMOUNT ELIGIBLE TO DATE (Line 4- Line Sc)..............................   $    	
7.  LESS PREVIOUS PAYMENTS (Line 6 from prior Application).......  $   	                                                                       8. AMOUNT DUE THIS APPLICATION..................................................  $   	
9. BALANCE TO FINISH, PLUS RETAINAGE
(Column G on Progress Estimate + Line S above).......................... $   	

I

CONTRACTOR'S CERTIFICATION
The undersigned Contractor certifies that: (1) all previous progress payments received	Payment of:

-$  --, ,-- --,-  --, ,--- ...,,...-,--	....,...- ,.,.-- =- .,.....- - - .,.....- -

from Owner on account of Work done under the Contract have been applied on account	(Line 8 or other - attach explanation of other amount) to discharge Contractor's legitimate obligations incurred in connection with Work
covered by prior Applications for Payment; (2) title of all Work, materials and equipment
incorporated in said Work or otherwise listed in or covered by this Application for I is recommended by:     	   	

Payment will pass to Owner at lime of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

Payment of:

(Engineer)	(Date)

-$    --, ,--  ---,,-   --, ,---    -	-,--	-,--   -    -	.,--    -    -    -	,--- -
(Line 8 or other - attach explanation of other amount)

is approved by:	 	   	
(Owner)	(Date)

By:	Date:	Approved by:

Funding Agency (if applicable)	(Date)

Progress Estimate	Contractor's Application

i=or (c ontract):	!Applic ation Number:	
Application Period:	pplication Date:	
A	B	Work Completed	E	F	G	
Item	
Scheduled Value	C	D	
Materials Presently Stored (not in C or D)	Total Completed
and Stored to Date (C + D + E)	%
(E)
B	Balance to
Finish (B - F)	
Specification
Section No.	Description		From Previous
Application (C + DJ	This Period					
									
	Totals								

Progress Estimate	Contractor's Application

"'or (contract):	IA,pplic ation Number:	
Appli cation Period:	pplication Date:	
A	B	C	D	E	F	G	
Item	Bid Quantity	Unit Price	Bid Value	Estimated Quantity Installed	Value	Materials
Presently Stored (not in C)	Total Completed
and Stored to Date (D + El	%
(E)
B	Balance to
Finish (B - F)	
Bid Item No.	Description										
											
	Totals										

Stored Material Summary	Contractor's Application

For (contract):	Application Number:	
Application Period:	Application Date:	
A	B	C	D	E	F	G	

Invoice No.	Shop Drawing Transmittal No.	
Materials Description	Stored Previousl y	Stored this Month	Incorporatedin Work	
Materials Remaining in Storage ($)
{D + E - F)	
			Date (Month/Year)	Amount ($)	Amount ($)	
Subtotal	Date (Month/Year)	Amount ($)		
										
		Totals								

Change Order
No.	_

Date of Issuance:	Effective Date:   	

Project:	[ Owner:	Owner's Contract No.:	
Contract:	Date of Contract:	
Contractor:	Engineer's Project No.:	

The Contract Documents are modified as follows upon execution of this Change Order:

Description:

Attachments: (List documents supporting change):

CHANGE IN CONTRACT PRICE:	CHANGE IN CONTRACT TIMES:

Original Contract Price:

Original Contract Times:   D Working days

D Calendar days

$ _ _ _ _ _ _ _ _ _ _ _ _ _

Substantial completion {days or date): _  _  _  _  _  _  _  _  _  _  _  _
Ready for final payment (days or date): _ _ _ _ _  _  _  _  _  _   _  _

[Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No._ _ _ _ _   to No._ _ _ _ _	No._ _ _ _ _    to No	,
Substantial completion (days): _  _  _  _  _   _   _   _   _   _   _   _   _   _   _

_$ _  _  _  _  _  _  _  _  _  _  _  _

Contract Price prior to this Change Order:

_ $ _  _  _  _  _  _  _  _  _  _  _  _

[Increase] [Decrease] of this Change Order:

$   	

Contract Price incorporating this Change Order:

_$ _  _ _ _ _ _  _  _  _  _  _  _

Ready for final payment (days): _  _   _   _   _   _   _   _  _   _   _   _   _   _

Contract Times prior to this Change Order:
Substantial completion (days or date): _ _ _ _ _  _  _  _  _  _  _   _
Ready for final payment (days or date): _ _ _ _ _  _  _  _  _  _  _  _

[Increase] [Decrease] of this Change Order:
Substantial completion (days or date): _ _ _ _ _  _  _  _  _  _   _  _
Ready for final payment (days or date): _  _  _  _  _   _   _   _   _   _   _   _

Contract Times with all approved Change Orders:
Substantial completion (days or date): _  _  _  _  _   _   _   _   _   _   _   _
Ready for final payment (days or date): _  _  _  _  _   _   _   _   _   _   _   _

RECOMMENDED:	ACCEPTED:	ACCEPTED:

By :   -    -  -   -   -   -   -   -   -   -   -   -   -
Engineer (Authorized Signature)

Date:  	

By:   -     -     -     -     -     -     -     -     -     -     -     -     -     -     -
Owner (Authorized Signature)

Date:  	

By:   -    -     -     -     -     -     -     -     -     -     -     -     -     -
Contractor (Authorized Signature) Date_:   _    _    _    _    _    _    _    _    _    _    _    _

Approved by Funding Agency (if applicable):	Date:

EJCDC No. C-941 (2002 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the

Page I ofl

 Associated General Contractors of America and the Construction Specifications Institute.	

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law.

STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

------

ACEC
AMERICAN COUNCIL Ot' ENGJNEElUNG CaMl'ANlf.S

-

and

Issued and Published Jointly By

National Society of Professional Engineers
Professional Engineers in Private Prar:tice

American Society

Ii•self!

of Civil Engineers

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN COUNCIL OF ENGINEERING COMPM'IES

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Knowledge for Creating and Sustaining
the Built Environment

Construction Specifications Institute

Copyright ©2002

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314

American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005

American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition).

TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY	6
Defined Terms	6
Terminology	8
ARTICLE 2 - PRELIMINARY MATTERS	9
Delivery of Bonds and Evidence of Insurance	9
Copies of Documents	9
Commencement of Contract Times; Notice to Proceed	9
Starting the Work	9
Before Starting Construction	9
Preconstruction Conference	9
Initial Acceptance of Schedules	9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE	10
Intent	10
Reference Standards	10
Reporting and Resolving Discrepancies	10
Amending and Supplementing Contract Documents	11
Reuse of Documents	11
Electronic Data	11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AJ\.'D PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS	11
Availability of Lands	11
Subsurface and Physical Conditions	12
Differing Subsurface or Physical Conditions	12
Underground Facilities	13
Reference Points	13
Hazardous Environmental Condition at Site	13
ARTICLE 5 - BONDS AND INSURANCE	14
Performance, Payment, and Other Bonds	14
Licensed Sureties and Insurers	15
Certificates of Insurance	15
Contractor's Liability Insurance	15
Owner's Liability Insurance	16
Property Insurance	16
Waiver of Rights	17
Receipt and Application of Insurance Proceeds	17
Acceptance of Bonds and Insurance; Option to Replace	17
5.10	Partial Utilization, Acknowledgment of Property Insurer	18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES	18
Supervision and Superintendence	18
Labor; Working Hours	18
Services, Materials, and Equipment	18
Progress Schedule	18
Substitutes and "Or-Equals"	19
Concerning Subcontractors, Suppliers, and Others	20
Patent Fees and Royalties	21
Permits	21
Laws and Regulations	21
Taxes	22
Use of Site and Other Areas	22
Record Documents	22
Safety and Protection	22
Safety Representative	23
Hazard Communication Programs	23

Emergencies	23
Shop Drawings and Samples	23
Continuing the Work	24
Contractor's General Warranty and Guarantee	24
Indemnification	24
Delegation of Professional Design Services	25
ARTICLE 7 - OTHER WORK AT THE SITE	25
Related Work at Site	25
Coordination	26
Legal Relationships	26
ARTICLE 8 - OWNER'S RESPONSIBILITIES	26
Communications to Contractor	26
Replacement of Engineer	26
Furnish Data	26
Pay When Due	26
Lands and Easements; Reports and Tests	26
Insurance	26
Change Orders	26
Inspections, Tests, andApprovals	26
Limitations on Owner's Responsibilities	27
Undisclosed Hazardous Environmental Condition	27
Evidence of Financial Arrangements	27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION	27
Owner's Representative	27
Visits to Site	27
Project Representative	27
Authorized Variations in Work	27
Rejecting Defective Work	27
Shop Drawings, Change Orders and Payments	28
Determinations for Unit Price Work	28
Decisions on Requirements of Contract Documents and Acceptability of Work	28
Limitations on Engineer's Authority and Responsibilities	28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS	28
Authorized Changes in the Work	28
Unauthorized Changes in the Work	29
Execution of Change Orders	29
Notification to Surety	29
Claims	29
ARTICLE 11-COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK	30
Cost of the Work	30
Allowances	31
Unit Price Work	31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES	32
Change of Contract Price	32
Change of Contract Times	33
Delays	33
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK	33
Notice ofDefects	33
Access to Work	33
Tests and Inspections	33
Uncovering Work	34
Owner May Stop the Work	34
Correction or Removal of Defective Work	34
Correction Period	34
Acceptance of Defective Work	35
Owner May Correct Defective Work	35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION	36
Schedule of Values	36
Progress Payments	36
Contractor's Warranty of Title	37
Substantial Completion	37
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 -3

Partial Utilization	38
Final Inspection	38
Final Payment	38
Final Completion Delayed	39
Waiver a/Claims	39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION	39
Owner May Suspend Work	39
Owner May Terminate/or Cause	39
Owner May Terminate For Convenience	40
Contractor May Stop Work or Terminate	40
ARTICLE 16 - DISPUTE RESOLUTION	41
16.01	Methods and Procedures	41
ARTICLE 17 - MISCELLANEOUS	41
GivingNotice	41
Computation of Times	41
Cumulative Remedies	41
Survival of Obligations	41
Controlling Law	41
Headings	41

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

Defined Terms

Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

I. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bidder--The individual or entity who submits a Bid directly to Owner.

Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda).

Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

IO. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer's written recommendation of final payment.

Contractor--The individual or entity with whom Owner has entered into the Agreement.

Cost of the Work--See Paragraph 11.01.A for definition.

Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

Engineer--The individual or entity named as such in the Agreement.

Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.

Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.

Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

Laws and Regulations; Laws or Regulations­
-Any and all applicable laws, rules, regulations, ordinanc­ es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

PCBs--Polychlorinated biphenyls.

Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times.

Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

Radioactive Material--Source, special nucle­ ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor.

Resident Project Representative--The autho­ rized representative of Engineer who may be assigned to the Site or any part thereof.

Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

Schedule ofValues--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.

Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the

point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed"  as applied to all or part of the Work refer to Substantial Completion thereof.

Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award.

Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions.

Supplier--A manufacturer, fabricator, suppli­ er, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor.

Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

Unit Price Work--Work to be paid for on the basis of unit prices.

Work--The entire construction or the various separately identifiable parts thereofrequired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such  construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented  by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

Terminology

The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning.

Intent of Certain Terms or Aqjectives

I. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work.  It is intended  that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work  for compliance with the requirements of and information in the Contract Documents and conformance  with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the  Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.

C.Day

I.	The word "day" means a calendar day of
24 hours measured from midnight to the next midnight.

Defective

The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it:

does not conform to the Contract Documents, or

does not meet the requirements of any applicable inspection, reference standard, test, or approval referred  to in the Contract Documents, or

has been damaged prior to Engineer's - recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

Furnish, Install, Perform, Provide

I. The word "furnish," when used in connection with services, materials, or equipment, shall mean  to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

The word "install," when used in connection with services, materials, or equipment, shall mean to put

into use or place in final position said services, materials, or equipment complete and ready for intended use.

The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

When "furnish," "install," "perform," or "pro­ vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, "provide" is implied.

Unless stated otherwise in the Contract Docu­ ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 - PRELIMINARY MATTERS

Delivery of Bonds and Evidence of Insurance

When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.

Copies of Documents

Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.

Commencement of Contract Times; Notice to Proceed

The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

Starting the Work

Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.

Before Starting Construction

Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review:

a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

a preliminary Schedule of Submittals; and

a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi­ vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

Preconstruction Conference

Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

Initial Acceptance of Schedules

At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph
2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

The Progress Schedule will be acceptable to Engineer ifit provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the

Work nor interfere with or relieve Contractor from Contractor's full responsibility therefor.

Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

Contractor's Schedule ofValues will be accept­ able to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

the Work or any duty or authority to undertake respon­ sibility inconsistent with the provisions of the Contract Documents.

Reporting and Resolving Discrepancies

Reporting Discrepancies

I. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict,

ARTICLE 3 - CONTRACT DOCUMENTS: AMENDING, REUSE

Intent

INTENT,

error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby.

Contractor's Review of Contract Documents

The Contract Documents are complementary; what is required by one is as binding as if required by all.

It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equip­ ment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner.

Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9.

Reference Standards

Standards, Specifications, Codes, Laws, and Regulations

Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such refer­ ence be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

No prov1s1on of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any

During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.

Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof.

Resolving Discrepancies

Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:

the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or

the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

Amending	and	Supplementing	Contract Documents

 duty or authority to supervise or direct the performance of	

The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive.

The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways:

A Field Order;

the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party..

When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator.

Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or

Engineer's written interpretation or clarification.

ARTICLE     4	AVAILABILITY SUBSURFACE AND PHYSICAL HAZARDOUS ENVIRONMENT AL REFERENCE POINTS

OF LANDS; CONDITIONS; CONDITIONS;

Reuse of Documents

Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not:

have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer's consultants, including electronic media editions; or

reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions
of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer.

The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

Electronic Data

Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which

Availability of Lands

Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances  or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner's interest therein  as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations.

Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip­ ment.

Subsurface and Physical Conditions

Reports and Drawings: The Supplementary Conditions identify:

those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and

those drawings of physical conditions in or relating to existing surface or subsurface structures at or

EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 -10

contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents.

Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such ''technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to:

the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or

any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.

Differing Subsurface or Physical Conditions

Notice: If Contractor believes that any subsur­ face or physical condition at or contiguous to the Site that is uncovered or revealed either:

is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or

is of such a nature as to require a change in the Contract Documents; or

differs materially from that shown or indicated in the Contract Documents; or

is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions.

C. Possible Price and Times Adjustments

The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following:

such condition must meet any one or more of the categories described in Paragraph 4.03.A; and

with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03.

Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:

Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or

the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo­ ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or

Contractor failed to give the written notice as required by Paragraph 4.03.A.

If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

Underground Facilities

B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the

Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect

to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

I. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and

2. the cost ofall of the following will be included in the Contract Price, and Contractor shall have full responsibility for:

reviewing and checking all such information and data,

locating all Underground Facilities shown or indicated in the Contract Documents,

coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and

the safety and protection of all such Under­ ground Facilities and repairing any damage thereto resulting from the Work.

Not Shown or Indicated

If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in

Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05.

Reference Points

Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

Hazardous Environmental Condition at Site

Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents.

Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such ''technical data," Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to:

the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information.

Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re­ vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by

Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.

Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice:
specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or
specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract

is responsible. Nothing in this Paragraph 4.06. G shall obli­ gate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.

H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.

I. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 5 - BONDS A.i1'ffi INSURANCE

Times, or both, as a result of such Work stoppage or such	 	 special conditions under which Work is agreed to be

resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition:
(i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor

Performance, Payment, and Other Bonds

Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents.

All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as pub­ lished in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act.

If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide

another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.

Licensed Sureties and Insurers

All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.

Certificates of Insurance

Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain.

Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain.

Contractor's Liability Insurance

Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:

claims under workers' compensation, disability benefits, and other similar employee benefit acts;

claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees;

claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees;

claims for damages insured by reasonably available personal injury liability coverage which are sus­ tained:

by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or

by any other person for any other reason;

claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and

claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.

The policies of insurance required by this Paragraph 5.04 shall:

with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple­ mentary Conditions, all of whom shall be listed as addi­ tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby;

include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater;

include completed operations insurance;

include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 6.11 and 6.20;

contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);

remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and

with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment.

a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate ofinsurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

Owner's Liability Insurance

In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

Property Insurance

Unless otherwise provided in the Supple­ mentary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

be written on a Builder's Risk "all-risk" or open peril or special causes ofloss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions;

include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;

allow for partial utilization of the Work by
Owner;

include testing and startup; and

be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued.

Owner shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.

All the policies of insurance (and the certifi­ cates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accor­ dance with Paragraph 5.07.

Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supple­ mentary Conditions. The risk ofloss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.

If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner.

Waiver of Rights

Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities identified in the Supple­ mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of

them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights ofrecovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, and Engineer, and all other individuals or entities identified in the Supplemen­ tary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued.

Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for:

loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and

loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause ofloss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07.

Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against Contractor, Subcontractors, or Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them.

Receipt and Application of Insurance Proceeds

Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate

account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order .

Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.

Acceptance of Bonds and Insurance; Option to Replace

If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly.

5.10	Partial Utilization, Acknowledgment of Property Insurer

A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence

Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, tech­ nique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents.

At all times during the progress of the Work, Contractor shall assign a competent resident superin­ tendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor.

Labor; Working Hours

Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu­ ments. Contractor shall at all times maintain good disci­ pline and order at the Site.

Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. Contractor will not permit the performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written consent (which will not be unreasonably withheld) given after prior written notice to Engineer.

Services, Materials, and Equipment

Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.

All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in

the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports ofrequired tests) as to the source, kind, and quality of materials and equipment.

All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.

Progress Schedule

Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below.

Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Re­ quirements applicable thereto.

Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order.

Substitutes and "Or-Equals"

Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below.

I. "Or-Equal" Items: If in Engineer's sole discre­ tion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or-equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.l, a proposed item of material or equipment will be considered functionally equal to an item so named if:

in the exercise of reasonable judgment Engineer determines that:

it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole,

it has a proven record of performance and availability of responsive service; and

Contractor certifies that, if approved and incorporated into the Work:

there will be no increase in cost to the Owner or increase in Contract Times, and

it will conform substantially to the detailed requirements of the item named in the Contract Documents.

Substitute Items

If in Engineer's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.l, it will be considered a proposed substitute item.

Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Engineer from anyone other than Contractor.

The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances.

Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:

shall certify that the proposed substi- tute item will:

perform adequately the functions and achieve the results called for by the general design,

be similar in substance to that specified, and

be suited to the same use as that specified;

will state:

the extent, if any, to which the use of the proposed substitute item will preju­ dice Contractor's achievement of Substantial Completion on time;

whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu­ ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and

whether or not incorporation or use of the proposed substitute item in con­ nection with the Work is subject to payment of any license fee or royalty;

will identify:

all variations of the proposed substitute item from that specified , and

available engineering, sales, maintenance, repair, and replacement services;

and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change,

Substitute Construction Methods or Proce­ dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2.

Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until Engineer's review is complete, which will be evidenced by either a Change Order for a substitute or an

approved Shop Drawing for an "or equal." Engineer will advise Contractor in writing of any negative determination.

Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute.

Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs
6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.

Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense.

Concerning Subcontractors, Suppliers, and Others

Contractor shall not employ any Subcon­ tractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.

If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supple­ mentary Conditions, Owner's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued . No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work.

Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents:

shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other individual or entity, nor

shall anything in the Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and
Regulations.

Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.

Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor.

The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appro­ priate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, and Engineer,, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.

Patent Fees and Royalties

Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and ifto the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringe­ ment of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpo­ ration in the Work of any invention, design, process, product, or device not specified in the Contract Documents.

Permits

Unless otherwise provided in the Supple­ mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.

Laws and Regulations

Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations.

If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and

Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03.

Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.

Taxes

A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.

Use of Site and Other Areas

Limitation on Use of Site and Other Areas

Contractor shall confine construction equip­ ment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.

To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work.

Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and

disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.

Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent proper­ ty to stresses or pressures that will endanger it.

Record Documents

Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner.

Safety and Protection

Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau­ tions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

all persons on the Site or who may be affected by the Work;

all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.

Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when

prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or , or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).

Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

Safety Representative

Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

Hazard Communication Programs

Contractor shall be responsible for coordi­ nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

Emergencies

In emergencies affecting the safety or protec­ tion of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

Shop Drawings and Samples

Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule ofSubmittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require.

Shop Drawings

Submit number of copies specified in the General Requirements.

Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.

2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals.

Submit number of Samples specified in the Specifications.

Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.

Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.

Submittal Procedures

Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:

all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work;

all information relative to Contractor's responsibilities for means, methods, techniques,

sequences, and procedures of construction, and safety precautions and programs incident thereto; and

shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.

Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review and approval of that submittal.

With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation.

Engineer's Review

Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

Engineer's review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C. l.

Resubmittal Procedures

Contractor shall make corrections required by Engineer and shall return the required number of corrected

copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

Continuing the Work

Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing.

Contractor's General Warranty and Guarantee

Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Docu­ ments and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee.

Contractor's warranty and guarantee hereunder excludes defects or damage caused by:

abuse, modification, or improper maintenance or operation by persons other than Contractor, Sub­ contractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or

normal wear and tear under normal usage.

Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents:

observations by Engineer;

recommendation by Engineer or payment by Owner of any progress or final payment;

the issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner;

use or occupancy of the Work or any part thereof by Owner;

any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil­ ity by Engineer;

any inspection, test, or approval by others; or

any correction of defective Work by Owner.

Indemnification

To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor­ mance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable

In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.

The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer's officers, directors, partners, employees, agents, consultants and subcontractors arising out of:

the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or

giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

Delegation of Professional Design Services

Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law.

If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings  and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer.

Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.

Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design  criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.l.

Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.

ARTICLE 7 - OTHER WORK AT THE SITE

Related Work at Site

Owner may perform other work related to the Project at the Site with Owner's employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con­ tract Documents, then:

written notice thereof will be given to Contractor prior to starting any such other work; and

if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.

Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner

Owner's employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect  or otherwise make its several parts come together  and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors.

If the proper execution or results of any part of Contractor's Work depends upon work performed  by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's  Work except for latent defects and deficiencies in such other work.

Coordination

If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions:

the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified;

the specific matters to be covered by such authority and responsibility will be itemized; and

the extent of such authority and responsibilities will be provided.

Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.

Legal Relationships

Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.

Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions.

 and Owner, if Owner  is  performing  other  work  with	

Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions.

ARTICLE 8 - OWNER'S RESPONSIBILITIES

Communications to Contractor

Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.

Replacement of Engineer

In case of termination of the employment of

Inspections, Tests, and Approvals

Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.

Limitations on Owner's Responsibilities

The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents.

Engineer, Owner shall appoint an engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former

Undisclosed Condition

Hazardous	Environmental

Engineer.

Furnish Data

Owner shall promptly furnish the data required of Owner under the Contract Documents.

Pay When Due

Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C.

Lands and Easements; Reports and Tests

Owner's duties in respect of providing lands

A. Owner's responsibility in respect to an undis­
closed Hazardous Environmental Condition is set forth in Paragraph 4.06.

Evidence of Financial Arrangements

A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions.

ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION

and easements and providing engineering surveys to	 	 establish reference points are set forth in Paragraphs 4.01

and 4.05. Paragraph 4.02 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents.

Insurance

Owner's responsibilities, if any, in respect to purchasing and maintaining liability and property insur­ ance are set forth in Article 5.

Change Orders

Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

Owner's Representative

Engineer will be Owner's representative during the construction period. The duties and responsi­ bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer.

Visits to Site

Engineer will make visits to the Site at inter­ vals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make

 	exhaustive or continuous inspections on the Site to check 

the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

Project Representative

If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist Engineer in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

Authorized Variations in Work

Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05.

Rejecting Defective Work

Engineer will have authority to reject Work which Engineer believes to be defective, or that Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract

Documents. Engineer will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.

Shop Drawings, Change Orders and Payments

In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17.

In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21.

In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.

In connection with Engineer's authority as to Applications for Payment, see Article 14.

Determinations for Unit Price Work

Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.

Decisions	on	Requirements	of	Contract Documents and Acceptability of Work

Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question

Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B.

Engineer's   written   decision on the issue	ARTICLE IO - CHANGES IN THE WORK; CLAIMS
referred will be final and binding on Owner and Contractor,	 	 subject to the provisions of Paragraph 10.05.

When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.

Limitations on Engineer's Authority and Responsibilities

Neither Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents.

Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

Engineer's review of the final Application for Payment and accompanying documentation and all mainte­ nance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph
14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents.

The limitations upon authority and responsibil­ ity set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any.

Authorized Changes in the Work

Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).

If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result ofa Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.

Unauthorized Changes in the Work

Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case ofan emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B.

Execution of Change Orders

Owner and Contractor shall execute appropri­ ate Change Orders recommended by Engineer covering:

changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph
13.08.A or Owner's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;

changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and

changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accor­ dance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph 6.18.A.

Notification to Surety

If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

Claims

Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by

E. Engineer's  written action under Paragraph
10.05.C or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05.

ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

Engineer shall be required as a condition precedent to any	 	 exercise by Owner or Contractor of any rights or remedies

either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims.

Notice: Written notice stating the general nature of each Claim, shall be delivered by the claimant to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Engineer and the other party to the Contract within 60 days after the start of such event (unless Engineer allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph
12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph
12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time).

Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing:

deny the Claim in whole or in part,

approve the Claim, or

notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial.

In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied.

Cost of the Work

Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B.

Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner,

and Contractor shall make provisions so that they may be obtained.

Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.

Costs of special consultants (including but not limited to Engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

Supplemental costs including the following:

The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work.

Cost, including transportation and mainte­ nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor­ mance of the Work, and  cost, less market value, of such items used but not consumed which remain the property of Contractor.

Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.

Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations.

Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee.

The cost ofutilities, fuel, and sanitary facilities at the Site.

Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work.

The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain.

Costs &eluded: The term Cost of the Work shall not include any of the following items:

Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attor­ neys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph I 1.0 LA.I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee.

Expenses of Contractor's principal and branch offices other than Contractor's office at the Site.

Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent pay­ ments.

Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective

Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B.

Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.

Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0 l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

Allowances

It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.

Cash Allowances

Contractor agrees that:

the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract

Unit Price Work

Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree­ ment.

The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer subject to the provisions of Paragraph 9.07.

Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item.

Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if:

the quantity of any item of Unit Price Work performed by Contractor differs materially and signifi­ cantly from the estimated quantity of such item indicated in the Agreement; and

there is no corresponding adjustment with respect any other item of Work; and

Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

Price and not in the allowances, and no demand	 	                                                                                                              for additional payment on account of any of the

foregoing will be valid.

C. Contingency Allowance

Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

Change of Contract Price

The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.

The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows:

where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or

where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or

where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph I1.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C).

Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:

I. a mutually acceptable fixed fee; or

if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:

for costs incurred under Paragraphs I I.OLA.I and I1.01.A.2, the Contractor's fee shall be 15 percent;

for costs incurred under Paragraph I1.01.A.3, the Contractor's fee shall be five percent;

where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs   I1.0 I.A.I   and l 1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor;

no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, I1.01.A.5, and 11.01.B;

the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and

when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be  computed on the basis of the net

change	in	accordance	with	Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.

Change of Contract Times

The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.

Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12.

Delays

Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.

If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.

C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C.

D. Owner, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of Engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

ARTICLE     13	TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

Notice of Defects

Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.

Access to Work

Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's Site safety procedures and programs so that they may comply therewith as applicable.

Tests and Inspections

Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

Owner shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except:

for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;

that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and

as otherwise specifically provided in the Con­ tract Documents.

If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all

costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer.

If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation.

Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer has not acted with reasonable promptness in response to such notice.

Uncovering Work

If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.

If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, furnishing all neces­ sary labor, material, and equipment.

If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.

If, the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the

amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.

Owner May Stop the Work

If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

Correction or Removal of Defective Work

Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).

When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work.

Correction Period

If within one year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions:

repair such defective land or areas; or

correct such defective Work; or

if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and

satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom.

If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk ofloss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.

In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications .

Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

Contractor's obligations under this Paragraph
are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose.

Acceptance of Defective Work

If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.

If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner.

Owner May Correct Defective Work

If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.

All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Docu­ ments with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work.

Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 13.09.

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

Schedule of Values

The Schedule of Values established as provid­ ed in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica­ tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed.

Progress Payments

Applications for Payments

At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner.

Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment.

The amount of retainage with respect to progress payments will be as stipulated in the Agreement.

Review of Applications

Engineer will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.

Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations on the Site of the executed Work as an
 	experienced and qualified design professional and on

Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief:

the Work has progressed to the point indicated;

the quality of the Work is generally in accor­ dance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and

the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work.

By recommending any such payment Engineer will not thereby be deemed to have represented that:

inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspec­ tions of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or

that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.

Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer:

to supervise, direct, or control the Work, or

for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or

to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or

to determine that title to any of the Work, mate­ rials, or equipment has passed to Owner free and clear of any Liens.

Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because:

the Work is defective, or completed Work has been damaged, requiring correction or replace­ ment;

the Contract Price has been reduced by Change Orders;

Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or

Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A.

Payment Becomes Due

Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.

Reduction in Payment

Owner may refuse to make payment of the full amount recommended by Engineer because:

claims have been made against Owner on account of Contractor's performance or furnish­ ing of the Work;

Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

there are other items entitling Owner to a set-off against the amount recommended; or

Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.

If Owner refuses to make payment of the full amount recommended by Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of

EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action.

If it is subsequently determined that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.l.

Contractor's Warranty of Title

Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.

Substantial Completion

When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion.

Promptly after Contractor's notification, , Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.

If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner.

At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between

Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment.

Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list.

Partial Utilization

Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions.

Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

Contractor at any time may notify Owner and Engineer in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.

Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons there­ for. If Engineer considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Com­ pletion of that part of the Work and the division of responsibility in respect thereof and access thereto.

No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance.

Finallnspection

Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

Final Payment

Application for Payment

After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may make application for final payment following the procedure for progress payments.

The final Application for Payment shall be accompanied (except as previously delivered) by:

all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7;

consent of the surety, if any, to final payment;

a list of all Claims against Owner that Contractor believes are unsettled; and

complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.

In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.

Engineer's Review of Application and Acceptance

1. If, on the basis ofEngineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

Payment Becomes Due

Thirty days after the presentation to Owner of the Application for Payment and accompanying docu­ mentation, the amount recommended by Engineer, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner to Contractor.

Final Completion Delayed

If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.

Waiver of Claims

The making and acceptance of final payment will constitute:

a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special

guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and

a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

Owner May Suspend Work

At any time and without cause, Owner may suspend the Work or any portion thereof for a period ofnot more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust­ ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05.

Owner May Terminate for Cause

The occurrence of any one or more of the following events will justify termination for cause:

Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment  or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

Contractor's disregard of Laws or Regulations of any public body having jurisdiction;

Contractor's disregard of the authority of Engineer; or

Contractor's violation in any substantial way of any provisions of the Contract Documents.

If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor:

exclude Contractor from the Site, and take possession of the Work and of all Contractor's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by Contractor (without  liability to Contractor for trespass or conversion),

incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and

complete the Work as Owner may deem expedient.

If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess  will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed.

Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days ofreceipt of said notice.

Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability.

If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C.

Owner May Terminate For Convenience

Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):

completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

expenses sustained prior to the effective date of termination in performing services and furnishing labor,

materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and

reasonable expenses directly attributable to termination.

Contractor shall not be paid on account ofloss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

Contractor May Stop Work or Terminate

If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time,

mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.

Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above.

If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor:

elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or

agrees with the other party to submit the Claim to another dispute resolution process, or

gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction.

ARTICLE 17 - MISCELLANEOUS

terminate the Contract and recover from Owner payment	 	                                                                                                              on the same terms as provided in Paragraph 15.03.

B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph
10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this Paragraph.

ARTICLE 16 - DISPUTE RESOLUTION

Methods and Procedures

A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for

Giving Notice

Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or

delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

Computation ofTimes

When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

Cumulative Remedies

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are

EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700-39

not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

Survival of Obligations

All representations, indemnifications, warran­ ties, and guarantees made in, required by, or given in accor­ dance with the Contract Documents, as well as all continu­ ing obligations indicated in the Contract Documents, will

survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

Controlling Law

This Contract is to be governed by the law of the state in which the Project is located.

Headings

Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
 	00700- 40	

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SECTION 00800 SUPPLEMENTARY CONDITIONS AND
SPECIAL PROVISIONS

SUPPLEMENTARY CONDITIONS

These Supplementary Conditions amend or supplement the General Conditions of the Construction Contract (EJCDC C-700, 2002 ed.) and other provisions of the contract documents as indicated below. All provisions which are not so amended or supplemented remain in full force andeffect.

SC-1. DEFINITIONS AND TERMINOLOGY

The terms used in these Supplementary Conditions which are defined in the General Conditionsof the Construction Contract (EJCDC C-700, 2002 ed.) have the meanings assigned to them in the General Conditions. Additionally, the following definitions shall also apply:

OWNER: ENGINEER:

North River Ranch Community Development District Clearview Land Design, P.L..

Delete the following sentence from paragraph 1.01.A.12 of the General Conditions: "Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not contract documents."

Replace with the following:

"Approved Shop Drawings are not contract documents."

Add the following sentence to paragraph 1.01.A.27 of the General Conditions:

"When requested by OWNER, the Notice of Award may be issued by the ENGINEER."

Add the following sentence to paragraph 1.01.A.28 of the General Conditions:

"When requested by OWNER, the Notice to Proceed may be issued by the ENGINEER."

SC-2.02.  COPIES OF DOCUMENTS

In the first line of paragraph 2.02 of the General Conditions, change the term "...ten..." to read "...three...".

SC-2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED

Delete paragraph 2.03A of the General Conditions in its entirety and replace with the following:

The date of commencement of the Work is the date established in a Notice

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to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER-CONTRACTOR Agreement or such other date as may be established therein."

SC-2.05	BEFORE STARTING CONSTRUCTION

Add the following new subparagraphs to paragraph 2.05 of the General Conditions:

CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work.

By executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents.

Delete paragraph 2.05.A and subparagraphs 2.05.A.1, 2.05.A.2, and 2.05.A.3 of the General Conditions in their entirety and replace with the following:

At the request of OWNER and/or ENGINEER, CONTRACTOR shall submit to the ENGINEER for review and approval a preliminary Schedule of Values and Progress (Project) Schedule. Upon approval by the OWNER and ENGINEER and within ten (10) days after the Effective Date of the Agreement, CONTRACTOR shall submit to ENGINEER the following:

a completed Progress (Project) Schedule indicating the time (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents. The Progress (Project) Schedule shall not exceed the time stipulated as the Contract Time for the fully complete and functioning project from beginning to end, unless extended by the OWNER in writing in the OWNER's absolute and sole discretion.

a completed Schedule of Values for all of the Work, which will include quantities and process of items, which when added together, equal the Contract Price, and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during the performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of work.

a preliminary schedule of Shop Drawings and Sample submittals for approval by the ENGINEER, which will list each required submittal and the times for submitting, reviewing and processing each submittal.

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SC-4.02.	SUBSURFACE AND PHYSICAL CONDITIONS

Delete subparagraph 4.02.A.1 of the General Conditions and replace with the following:

SUBSURFACE CONDITIONS

No reports of subsurface conditions were available or used by the ENGINEER in the preparation of the drawings and specifications. Therefore, no technical data from reports is available from the OWNER to the CONTRACTOR.

Delete subparagraph 4.02.A.2 of the General Conditions and replace with the following:

PHYSICAL CONDITIONS

No drawings of subsurface conditions were available or used by the ENGINEER in the preparation of the drawings and specifications. Therefore, no technical data from reports is available from the OWNER to the CONTRACTOR.

The entire site is available to any Proposer for surface or subsurface investigation at a time to be mutually determined.

Reference above is made to reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports as said information relates to a specific boring site or testing location at the time of said testing. However, as detailed below, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site and will, at CONTRACTOR's expense, perform any and all additional testing as CONTRACTOR may deem necessary in order to submit to OWNER a total, Lump Sum Price.

LIMITED RELIANCE BY CONTRACTOR ON TECHNICAL DATA AUTHORIZED:

Add the following new paragraphs after paragraph 4.05.B.3 of the General Conditions:

Notwithstanding CONTRACTOR's ability to limitedly rely on the general accuracy of the "technical data", CONTRACTOR takes responsibility for any and all issues arising from unsuitable soils, including but not limited to, varying soil conditions, sinkholes, etc. Furthermore, no additional costs will be charged by CONTRACTOR for matters associated with unsuitable soils. CONTRACTOR warrants he has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecuting of the work.

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CONTRACTOR further warrants that the Contract amount is just and reasonable compensation for all the Work, including all foreseen and unforeseen risks, hazards, and difficulties in connection therewith, including any concealed conditions encountered in the performance of the Work below the surface of the ground at variance with conditions indicated by the Contract Documents or other Proposal Documents furnished to the CONTRACTOR for its information.

SC-4.03.C. POSSIBLE PRICE AND TIMES ADJUSTMENTS

Delete paragraph 4.03.C.1.b of the General Conditions in its entirety.

SC-4.04.	UNDERGROUND FACILITIES

Revise the title of paragraph 4.04 of the General Conditions to read "Physical Conditions­ Underground Facilities and Otherwise".

Add the following paragraph to this Subarticle 4.04

4.04.A.3 Notification of Utility Companies: The CONTRACTOR shall be responsible for notification of and cooperation with utility companies and agencies when the CONTRACTOR's operations are close to existing facilities in order to provide time for the utilities to stake the location of their existing facilities. This coordination effort shall be done in compliance with Florida Statutes Chapter 556, "Underground Facility Damage Prevention and Safety Act," latest revision. The CONTRACTOR shall cooperate with the utility company and provide schedules, etc., when requested.

Add the following subparagraph to this paragraph 4.04

4.04.C	EXISTING FACILITIES AND NOTIFICATIONS

The drawings may indicate or may not indicate the presence of existing utilities or facilities in the project area. Existing above or underground utilities, structures, or facilities that are shown on the plans are based on the information made available to the ENGINEER. The existing facilities may be in locations different than those shown on the drawings. It shall be the responsibility of the CONTRACTOR to acquaint himself with the exact location and to avoid conflict with all existing facilities. CONTRACTOR shall provide actual depth and location of said facilities to the ENGINEER to evaluate their impact on the project. Where underground or aboveground utilities, structures, or facilities are damaged, they shall be immediately repaired to the specifications of the OWNER of the utility. If the OWNER of the utility elects to make such repairs with his own forces, CONTRACTOR shall make arrangements as to protect the OWNER from all damages. Where such conflicts are unavoidable, every effort shall be made to construct the work so as to cause as little interference as possible with services rendered by the structure disturbed.

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SC-5.01.	PERFORMANCE, PAYMENT, AND OTHER BONDS

Add the following language at the end of paragraph 5.01.B of the General Conditions:

In addition, each bond shall be on an OWNER approved form and shall contain the following language: 'This Bond is hereby amended so that the provisions and limitations of Section 255.05, Florida Statutes, are incorporated by reference herein."

Add the following text after Subarticle 5.01.C. of the General Conditions:

Bid Security is to be provided by each CONTRACTOR in the amount of five percent of the maximum Bid price and will be in the form of:

A Bid Bond is required and shall have an A.M. Best Company rating of A or better.

The prescribed type of Bid Bond is included in these documents.

A certified or bank cashier's check drawn to the order of the OWNER.

Other form of Bid Bond

A Construction Performance Bond and a Construction Payment Bond each in an amount equal to the Contract Price IS REQUIRED.

The prescribed form of Construction Performance Bond and Payment Bond is included in these documents. The Construction Performance Bond and Payment Bond shall have an AM. Best Company rating of A or better.

SC-5.04.	CONTRACTORS LIABILITY INSURANCE

Delete paragraphs 5.04.A. and 5.04.B. of the General Conditions in their entirety and replace with the following:

The limits of liability for the insurance required by paragraph 5.04.A of the Standard General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations.

Workers' Compensation, etc. under paragraphs 5.04.A.1. and 5.04.A.2. of the Standard General Conditions:

State:

Applicable Federal
(e.g. Longshoreman, Jones Act):

Employer's Liability:

Statutory Statutory

$ 1,000.000

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CONTRACTOR's Liability Insurance under paragraphs 5.04.A.3., 5.04.A.4. and
5.04.A.5. of the Standard General Conditions which shall also include personal injury and advertising liability, contractual liability, completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of CONTRACTOR:

i.	General Aggregate (Except Products -	$,2,000,000	
Completed Operations)		
ii.	Products - Completed Operations	$ 2,000,000	
Aggregate		
iii.		Personal and Advertising Injury (Per Person/Organization)	    $ 1,000,000	
iv.	Each Occurrence (Bodily Injury and	$ 1,000,000	
Property Damage		
V.	Limit Per Person Medical Expense	$	5,000	

Personal Injury Liability coverage
WILL INCLUDE Claims Arising Out of Employment

General Aggregate WILL BE Applicable Per Project

Property Damage Liability Insurance WILL PROVIDE
Coverage for Explosion, Collapse and Underground Damage

5.04.B.4 Contractual Liability

Contractual Liability under Paragraph 5.04.B.4 of the Standard General Conditions:

i.	General Aggregate	$ 2,000,000	
ii.	Each Occurrence
(Bodily Injury and Property Damage)	$ 1,000,000	

5.04.A.6 Automobile Liability

Automobile Liability, including owned, non-owned, and hired automobiles under Paragraph 5.04.A.6 of the Standard General Conditions

Bodily Injury

$ 1.000,000

$ 1,000,000

Each Person Each Accident

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Property Damage:

$ 1,000,000	Each Accident

Liability coverage for the OWNER, ENGINEER, ENGINEER's Consultants and others listed in the Supplementary Conditions will be provided (subject to customary exclusions for professional liability) by endorsement as additional insureds on CONTRACTOR's Liability policies, per ISO form CG 201O (1185) or its equivalent on a primary basis. Additional insured will be given 30 days written notice if the CONTRACTOR's policy is cancelled.

Additional insured coverage will be maintained for one year after the work is complete.

The following other persons (in addition to OWNER, ENGINEER and ENGINEER's Consultants) or entities are identified below in these Supplementary Conditions as additional insured under the required Liability Policies:

NAME	ADDRESS

North River Ranch Community Development District 5800 Lakewood Ranch Blvd.

and its Affiliates	Sarasota. FL 34240	

An original copy of the insurance certificate(s), naming the OWNER and ENGINEER as additional insured's will be provided by the CONTRACTOR prior to issuing Notice to Proceed.

E.	Umbrella/Excess Liability

General Aggregate Each Occurrence

$ 2,000,000

$ 2.000.000

SC-5.06.	PROPERTY INSURANCE

Delete paragraph 5.06.A and subparagraphs 5.06.A.1 through 5.06.A.7 of the General Conditions and replace with the following:

CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall:

Include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

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Be written on an "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions;

Include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

Cover materials and equipment in transit for incorporation in the Work or stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER;

Allow for partial utilization of the Work by OWNER;

Include testing and start up;

Be maintained in effect until Final Payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with thirty (30) days written notice to each other additional insured to whom a certificate has been issued; and

Property insurance to the full insurable value of the work in accordance with this paragraph 5.06 of the Standard General Conditions will be provided by CONTRACTOR and will be in the form of Completed Value. An installation floater can be used to satisfy this requirement.

Such Insurance will be subject to the following deductible amounts $ 1,000 in accordance with paragraph 5.06.D of the General Conditions.

The same persons or entities shall be identified as named insured under Property Insurance Policies as under the liability policies.

SC-5.07

SC-5.08

WAIVER OF RIGHTS

In the thirtieth line of paragraph 5.07.A of the General Conditions, change the term "...Owner..." to read "...Contractor...".

RECEIPT AND APPLICATION OF INSURANCE PROCEEDS

In the second and sixth lines of paragraph 5.08.A of the General Conditions, change the terms "...Owner..." to read "...Contractor...".

NORTH RIVER RANCH PHASE IVA
February 2021

In the first, fourth, fifth, ninth and eleventh lines of paragraph 5.08.B of the General Conditions, change the term "...Owner..." to read "Contractor ...".

SC-6.02	LABOR; WORKING HOURS

Delete paragraph 6.02.B of the General Conditions in its entirety and replace with the following; including new paragraphs 6.02.B.1 and 6.02.B.2:

Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, all Work at the site shall be performed during regular working hours. Regular working hours are defined as between 7:00 a.m. and 6:00 p.m., Monday through Saturday. CONTRACTOR will not be allowed overtime work or the performance of Work outside regular working hours or on Sundays or any legal holiday without giving written notice to ENGINEER within forty­ eight (48) hours of such work.

The CONTRACTOR shall be responsible, whether previously scheduled or not, for the payment of OWNER's cost of overtime inspection outside of the working hours described above. The CONTRACTOR will be required to pay for overtime inspection services on unscheduled work, work which is delayed by the CONTRACTOR's suppliers or subcontractors and any other work performed for the convenience of the CONTRACTOR as he deems necessary to meet the schedule.

Costs for such overtime inspection shall be paid at by the CONTRACTOR. OWNER shall make monthly deductions from the CONTRACTOR's progress payments for the cost of overtime inspection. No payment shall be made directly to the inspector.

SC-6.08	PERMITS

In the ninth line of paragraph 6.08.A of the General Conditions, change the term "...Owner..." to read "...Contractor	"

Add the following subparagraphs after paragraph 6.08.A:

The OWNER has obtained the following project permits or approvals as follows:

Agency

Manatee County	Permit Name

Construction Plans	Permit No.

PLN-2006-045	Comments/Status		

SWFWMD	
ERP	
43030935.024	
Approved		

FDEP	
Water				

NORTH RIVER RANCH PHASE IVA
February 2021

FDEP	Wastewater

NOi	Stormwater

ADDITIONAL PERMIT REQUIREMENT INFORMATION

The CONTRACTOR is responsible for obtaining all local, state and federal construction permits and licenses not furnished by the OWNER.

STORMWATER POLLUTION PREVENTION PLAN

The CONTRACTOR shall abide by all requirements of the Stormwater Pollution Prevention Plan as well as all applicable local, state and federal requirements. The OWNER has been provided a copy of the Stormwater Pollution Prevention Plan. The CONTRACTOR and all applicable subcontractors must sign CONTRACTOR's certification in the Stormwater Pollution Prevention Plan. The OWNER/Developer will submit the FDEP Notice of Intent (NOi) to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities Permits Application.

The OWNER/Developer has also submitted to the Southwest Florida Water Management District a Best Management Plan/Construction Surface Water Management Plan (CSWMP) in accordance with Section 2.8.4 of the SWFWMD Basis of Review.

Any modification required to the Stormwater Pollution Prevention Plan or CSWMP will be the CONTRACTOR's responsibility if changes in the field or to the plan are proposed by the CONTRACTOR.

SC-6.09.	LAWS AND REGULATIONS

Add the following subparagraphs after paragraph 6.09.C:

6.09.D.	(Insert utility department or company name.) REQUIREMENTS

All utility construction in the Manatee County service area or to be connected to their service area shall be in accordance with Manatee County standards, latest revision. All costs associated with compliance with these standards shall be borne by the CONTRACTOR and shall be incidental to construction.

SC-6.10	TAXES

Delete Paragraph 6.10.A and insert the following:

NORTH RIVER RANCH PHASE IVA
February 2021

SC-6.10.A	PROCUREMENT PROCEDURES FOR OWNER PURCHASED MATERIAL

General. The CONTRACTOR shall include Florida State Sales and other applicable taxes in its bid for material, supplies, and equipment (whether purchased or leased). For purposes of this section, materials, supplies and equipment shall be defined as "construction materials". The OWNER, being exempt from sales and use tax (hereinafter "sales taxes"), reserves the right to make direct purchases of various construction materials included in the CONTRACTOR's bid and/or contract. The OWNER reserves the right to require CONTRACTOR to assign some or all of its subcontracts or other agreements with material suppliers directly to OWNER. Any construction materials purchased by OWNER shall be referred to as "Owner Purchased Materials" and the responsibilities of both OWNER and CONTRACTOR relating to such Owner Purchased Materials shall be governed by the terms and conditions of the contract documents and of these procedures, with these procedures to take precedence over any other conditions or terms of the contract documents which are inconsistent or conflict with this section. Material suppliers shall be selected by the CONTRACTOR awarded the contract by the competitive bid process. OWNER purchasing of construction materials, if selected, will be administered as provided in this section.

Purchase Requisition Request Forms. At least ten calendar days prior to CONTRACTOR ordering construction materials, CONTRACTOR shall prepare and forward to OWNER a separate Purchasing Requisition Request Form for each supplier in the form attached hereto as Exhibit "A", specifically identifying the construction materials which CONTRACTOR plans to order from each supplier so that OWNER may, in its sole discretion, elect to purchase directly such construction materials.

Purchase Orders. After receipt of the Purchasing Requisition Request Form, the OWNER shall prepare Purchase Orders in the form attached hereto as Exhibit "B", for construction materials which the OWNER wishes to purchase directly. Purchase Orders shall require that the supplier provide required shipping and handling insurance. Purchase Orders shall also require the delivery of the Owner Purchased Materials on the delivery dates provided by the CONTRACTOR in the Purchasing Requisition Request Form. Pursuant to the Purchase Order, the supplier will provide to the CONTRACTOR the required quantities of construction material at the price established in the supplier's quote less any associated sales tax. CONTRACTOR is responsible for assuring suppliers comply with these requirements.

At least two calendar days prior to CONTRACTOR placing OWNER's order for the construction materials, OWNER shall forward Purchase Orders to CONTRACTOR for processing. Promptly upon receipt of the Owner Purchased Materials specified in each Purchase Order, CONTRACTOR shall verify the purchase of the Owner Purchased Materials in accordance with the terms of the Purchase Order and in a manner to assure timely delivery of the Owner Purchased Materials.

Notice of Reduction in Contract Price. On or about the last business day of each month, OWNER shall deliver to the CONTRACTOR a Notice of Reduction in

NORTH RIVER RANCH PHASE IVA
February 2021

Contract Price (hereinafter "Notice"). Each Notice shall list all Owner Purchased Materials for the respective month and the total price for all such construction materials, plus all sales taxes which would have been associated with such construction materials had the CONTRACTOR purchased the construction materials. Each Notice may also include the total price and sales tax (had CONTRACTOR purchased) for any previously purchased Owner Purchased Materials which for any reason were not previously deducted from the contract price. The contract price will be reduced automatically and as a ministerial task by the amount set forth in each Notice. Each Notice will also reflect the amended contract balance reflecting the deductions taken in said Notice.

The intent of this provision is to cause the contract price to be reduced automatically by the amount OWNER pays for Owner Purchased Materials plus the amount of applicable sales tax that would have been paid for such construction materials, had the CONTRACTOR or any other non-tax exempt entity purchased the construction materials. All savings of sales taxes shall accrue solely to the benefit of OWNER, and CONTRACTOR shall not benefit whatsoever from savings of any such taxes.

Paymentfor Owner Purchased Materials. In order to arrange for the prompt payment to suppliers, the CONTRACTOR shall provide to the OWNER a list indicating the acceptance of the Owner Purchased Materials within 15 days of receipt of said Owner Purchased Materials. The list shall include a copy of the applicable Purchase Orders, invoices, delivery tickets, written acceptance of the delivered items, and such other documentation as may be reasonably required by the OWNER. Upon receipt of the appropriate documentation, the OWNER shall prepare a check drawn to the supplier based upon the receipt of data provided. OWNER will make payment to each supplier. The CONTRACTOR agrees to assist the OWNER to immediately obtain appropriate partial or final release of waivers. OWNER shall be responsible for the full payment of all valid and due invoices for Owner Purchased Materials and shall not be entitled to retain the standard ten percent amount of the progress payment due to the CONTRACTOR as is otherwise provided for in the contract documents.

CONTRACTOR Responsibilities. CONTRACTOR shall be fully responsible for all matters relating to ordering, storing, protecting, receipt, and handling for all construction materials including Owner Purchased Materials, in accordance with these procedures including, but not limited to, verifying correct quantities, verifying documents of orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the contract documents, inspection and acceptance of the construction materials at the time of delivery, and loss or damage to the construction materials following acceptance of construction materials, due to the negligence of the CONTRACTOR. The CONTRACTOR shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by the CONTRACTOR for the construction materials furnished including Owner Purchased Materials. The CONTRACTOR shall provide all services required for the unloading, handling and storage of construction materials through installation including Owner Purchased Materials. The CONTRACTOR agrees to indemnify and hold harmless the OWNER from any and

NORTH RIVER RANCH PHASE IVA
February 2021

all claims of whatever nature resulting from non-payment for Owner Purchased Materials arising from CONTRACTOR actions.

Inspectionand Documentation. As Owner Purchased Materials are delivered to the job site, CONTRACTOR shall visually inspect all shipments from the suppliers, and approve the vendor's invoice for construction materials delivered. The CONTRACTOR shall assure that each delivery of Owner Purchased Material is accompanied by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the supplier conforming to the Purchase Order together with such additional information as the OWNER may require. The CONTRACTOR will then forward all such invoices to the OWNER. On or about the 15th and last day of each month (or the next succeeding business day), CONTRACTOR shall review all invoices submitted by all suppliers of Owner Purchased Materials delivered to the project sites during that month and either concur or object to the OWNER's issuance of payment to the suppliers, based upon CONTRACTOR's records of Owner Purchased Materials delivered to the site and whether any defects or non-conformities exist in such Owner Purchased Materials.

Warranties, Guarantees, Repairs and Maintenance. The CONTRACTOR shall be responsible for obtaining and managing all warranties and guarantees for all construction materials as required by the contract documents and shall fully warrant all construction materials including all Owner Purchased Materials. OWNER's purchase of various construction materials shall not in any manner impact or reduce CONTRACTOR's duty to warrant said construction materials. The OWNER may forward all repair, maintenance, non-conforming construction materials calls, or any other issues relating to the construction materials to the CONTRACTOR for resolution with the appropriate supplier, vendor, or subcontractor. The CONTRACTOR shall resolve all such calls or issues.

Records and Accountings. The CONTRACTOR shall maintain records of all Owner Purchased Materials it incorporates into the work from the stock of Owner Purchased Materials in its possession. The CONTRACTOR shall account monthly to the OWNER for any Owner Purchased Materials delivered into the CONTRACTOR's possession, indicating portions of all such construction materials which have been incorporated into the work.

Defective or Non-conforming Construction Materials. The CONTRACTOR shall insure that Owner Purchased Materials conform to specifications, and determine prior to incorporation into the work if such construction materials are defective or non-conforming, whether such construction materials are identical to the construction materials ordered, and match the description on the bill of lading. If the CONTRACTOR discovers defective or non-conforming Owner Purchased Material upon such visual inspection, the CONTRACTOR shall not utilize such non-conforming or defective construction materials in the work and instead shall promptly notify the OWNER of the defective or non-conforming

NORTH RIVER RANCH PHASE IVA
February 2021

conditions so repair or replacement of such construction materials can occur without any undue delay or interruption to the Project. If the CONTRACTOR fails to adequately and properly perform such inspection or otherwise incorporates into the Project defective or non-conforming Owner Purchased Materials, the condition of which it either knew or should have known by performance of an inspection, CONTRACTOR shall be responsible for all damages to OWNER resulting from CONTRACTOR's incorporation of such construction materials into the project, including liquidated or delay damages.

Title. Notwithstanding the transfer of Owner Purchased Materials by the OWNER to the CONTRACTOR's possession, as bailee for the OWNER, the OWNER shall retain legal and equitable title to any and all Owner Purchased Materials.

Insurance and Risk of Loss. The CONTRACTOR shall purchase and maintain Builder's Risk Insurance sufficient to protect against any loss or damage to Owner Purchased Materials. Such insurance shall cover the full value of any Owner Purchased Materials not yet incorporated into the Project during the period between the time the OWNER first takes title to any such Owner Purchased Materials and the time when the last of such Owner Purchased Materials is incorporated into the project or consumed in the process of completing the Project.

No Damages for Delay. The OWNER shall in no way be liable for, and CONTRACTOR waives all claims for, any damages relating to or caused by alleged interruption or delay due to ordering or arrival of Owner Purchased Materials, defects, or other problems of any nature with such construction materials, late payment for such construction materials, or any other circumstance associated with Owner Purchased Materials, regardless of whether OWNER's conduct caused, in whole or in part, such alleged damages. The foregoing waiver by CONTRACTOR includes damages for acceleration and inefficiencies. CONTRACTOR accepts from OWNER as further and specific consideration for the foregoing waivers, OWNER's undertaking to pay for and finance all Owner Purchased Materials.

 	

 	

 

 

 

 	

 

 

 

 

North River Ranch Community Development District

Review and Consideration of RIPA & Associates, Phase IV-A

NORTH RIVER RANCH PHASE IV-A	
							
Bid Summary	

STREETS AND DRAINAGE: ……………………………………………………………………	

…	
$	5,962,126.65	
MISCELLANEOUS: ………………………………..………………………………………..		$	243,000.00	
SANITARY SEWER COLLECTION SYSTEM: …………………………………………..		$	1,644,369.56	
WATER DISTRIBUTION SYSTEM: ……………………………………………………...		$	624,555.00	
RECLAIMED WATER DISTRIBUTION SYSTEM: ………………………………………		$	418,843.07	

TOTAL: ……………………………………………………………………………………..		
$	8,892,894.28	
TOTAL DAYS TO (SUBSTANTIAL / FINAL) COMPLETION: …………………………		226 / 261 calender days	
	
The principle items of work and quantities shown herein are approximate only and are furnished solely for the purpose	
of showing the approximate scope of work to be performed. The Contractor shall examine the site of the work and shall	
inform himself fully in regard to all conditions pertaining to the place where the work is to be done. It is the Contractor's	
responsibility to perform his own quantity take-off and shall submit his bid showing the items of all work, unit prices	
and lump sum price for all work called for in the plans, specifications and contract documents based on his assessment	
of the work to be performed. No claim shall be made against Clearview Land Design P.L., nor the Owner for any errors or	
omissions in the Contractor's items of work and quantities, and the unit prices shall only be used as a basis	
of payment to items specifically added or deleted upon change order approved by Owner and Clearview Land Design P.L.	
and as a basis for computing partial pay estimates when called for in the contract.	
							
NOTE:  Unit prices for all underground construction shall include all costs necessary to comply with the "TRENCH	
SAFETY ACT" and conform with all Occupational Safety and Health Administration (OSHA) regulations.	

Contractor's Name: (Typed or Printed)	Address:	

	
By  		
(Signature)	
Title:		Telephone No.: 		
	
Job No.	
File Name P:\Company\Engineering Documents & Programs\Hillsborough County\Quantities	
Date:	
KM/	

Page 1 of 1
H:\CDD Directory\92 - North River Ranch CDD\1- Agenda Package\37- May 12, 2021\2021.04.19 RIPA River Ranch Phase IV-A (Final Contract - Unit Prices)

NORTH RIVER RANCH PHASE IV-A	
							
Bid Summary	

STREETS AND DRAINAGE: ……………………………………………………………………	

…	
$	7,234,542.15	
MISCELLANEOUS: ………………………………..………………………………………..		$	243,000.00	
SANITARY SEWER COLLECTION SYSTEM: …………………………………………..		$	1,517,675.25	
WATER DISTRIBUTION SYSTEM: ……………………………………………………...		$	536,815.65	
RECLAIMED WATER DISTRIBUTION SYSTEM: ………………………………………		$	367,966.75	
FINAL CONTRACT ADJUSTMENTS: …………………………………………..................		$	(1,007,105.52)	

TOTAL: ……………………………………………………………………………………..		
$	8,892,894.28	
TOTAL DAYS TO (SUBSTANTIAL / FINAL) COMPLETION: …………………………		226 / 261 calender days	
	
The principle items of work and quantities shown herein are approximate only and are furnished solely for the purpose	
of showing the approximate scope of work to be performed. The Contractor shall examine the site of the work and shall	
inform himself fully in regard to all conditions pertaining to the place where the work is to be done. It is the Contractor's	
responsibility to perform his own quantity take-off and shall submit his bid showing the items of all work, unit prices	
and lump sum price for all work called for in the plans, specifications and contract documents based on his assessment	
of the work to be performed. No claim shall be made against Clearview Land Design P.L., nor the Owner for any errors or	
omissions in the Contractor's items of work and quantities, and the unit prices shall only be used as a basis	
of payment to items specifically added or deleted upon change order approved by Owner and Clearview Land Design P.L.	
and as a basis for computing partial pay estimates when called for in the contract.	
							
NOTE:  Unit prices for all underground construction shall include all costs necessary to comply with the "TRENCH	
SAFETY ACT" and conform with all Occupational Safety and Health Administration (OSHA) regulations.	

Contractor's Name: (Typed or Printed)	Address:	

	
By  		
(Signature)	
Title:		Telephone No.: 		
	
Job No.	
File Name P:\Company\Engineering Documents & Programs\Hillsborough County\Quantities	
Date:	
KM/	

Page 1 of 1
H:\CDD Directory\92 - North River Ranch CDD\1- Agenda Package\37- May 12, 2021\2021.04.19 RIPA River Ranch Phase IV-A (Final Contract)

North River Ranch Community Development District

Review and Consideration of Booth Design Group Agreement

PROFESSIONAL SERVICES AGREEMENT

To:	North River Ranch CDD	Re: Professional Services	
	c/o Tom Panaseny	North River Ranch	
	5800 Lakewood Ranch Blvd. N	Main Amenity Design	

Date:	Sarasota, FL 34240

April 29, 2021		

PROJECT DESCRIPTION:
Professional services related to the preparation of hardscape, landscape and irrigation design specification for the neighborhood amenity at North River Ranch in Manatee County (see exhibit A).

SCOPE OF WORK:
Booth Design Group, Inc. will provide to Neal Land Ventures (Client) design development specifications, construction documents, details and estimates for the following:

Evaluation of the proposed development requirements set forth by the county
Development of concept drawings for the pools and surrounding amenities program
Development of parking and pedestrian sequencing
Camping layout
Fitness building landscape design
Wood boardwalk between building
Sports court areas located north of the main amenity site (layout, design of shade and associated facilities. Lighting coordination)
Signage implementation
Coordination with all proposed construction and utilities
Coordination and design of site grading plan with relation to proposed walks and features
Hardscape paving materials and details
Vegetative buffers and pond planting
Site landscape and irrigation design and observation
Feature lighting design
Coordination with pump park
Feature multi-level amenity pool space with large 5,000 s.f pool and water slide component and access tower to slides. Pool engineering (Kimes Engineering) under BDG umbrella
Evaluation of preferred amenity conceptual layout(s) compared to current client programming and county requirements.
Pedestrian connections from walkways to trailways within NRR
Outdoor amenities associated with the amenity including but not limited to: seating with possible fire pit, lawn games, amphitheater, events lawn, dog park, camping and other amenities.
Site plan evaluation from civil/architect building placements.

SCOPE OF SERVICE:

Task 1: Assimilation of Data

Review of proposed engineering plans; review of pertinent codes and restrictions; review of surrounding land use impacts; review of site-specific requirements; conference with client and others appropriate to receive information to develop/verify the project program and schedule
Prepare base plans from client-provided electronic media in AutoCAD format
Coordinate and follow agreed upon design schedule
Site visit to evaluate and catalogue existing conditions of the area
Biweekly video conference coordination calls (10)

Task 2: Schematic Design (30% Documents)

Provide the Client with concepts and supporting graphics to convey design intent for pool and amenities surrounding the building architecture. Prepare concepts for trail connection to community
Prepare refined rendered design based on comments from client
Preparation of a preliminary opinion of probable construction (landscape and hardscape) costs that coincide with preferred option.
Attend one (1) design review meeting with Client to present concepts

Task 3: Design Development (60% Documents)

Preparation of CADD drawings depicting general layout of selected plan at design development level for hardscape elements; general landscape plans; general lighting selection; critical dimensions of design elements; material types for landscape and hardscape elements; coordination with Client for preparation of a preliminary opinion of probable construction cost.
Review of utility comments for design elements; coordinate irrigation and lighting sleeves. 3.3 Collaboration with design team members; coordination with client sub-consultants
One (1) review with Client and delivery of three (3} sets of documents
Attend one (1) design review meeting with required permitting agency; delivery of documents for review if needed.
Prepare (1) sleeving drawing for coordination with civil engineer including water source requirements and point of connection details
Irrigation head layout, mainline location, controls and three (3) coordination meetings/conference calls.
Provide estimate of probable costs for landscape and irrigation

Task 4: Construction Documents

Prepare revisions to documents and costs based on comments from Client and agency; prepare final plans and materials selection for scope-related hardscape elements; prepare landscape materials index, including quality, size and quantity; prepare final irrigation drawings including: pipe sizing, zoning, final controls, details, automatic valve design, specifications (irrigation and landscape); and notes, final layout plans for landscape elements; prepare sheet specifications; and prepare details for scope-related elements final layout plans for landscape and hardscape elements; prepare sheet specifications assist with specialty pavement details; final accent lighting. locations and specifications (electrical engineering and permit by others); and prepare details for scope-related elements
Prepare final Opinion of Probable Construction Costs with Client and Design Team
Verify documents for compliance with pertinent permitting agency requirements and construction regulations
Prepare technical specifications for scope-related items
Perform one (1) presentation for Client

Deliver full size 100% Final Construction Documents in electronic and hardcopy format to Client and electronic format to Design Team
Attend five in person (5) meetings to review construction design progress with minor revisions to plans.

Task 5: Bid Documents (if/as required)

Prepare Bid tabulation quantities of landscape and irrigation related features
Attend/facilitate one (1) pre-bid meeting
Prepare required Addenda
Review of CM pricing if project is negotiated and attend one meeting to review and award contract.

Task 6: Professional Observation

Attend up to two (2) project meetings related to specific Scope of Service; review Contractor Change Orders and Pay Requests
Attend up to two (2) landscape inspections during construction; one (1) inspection and report upon substantial completion; one (1) inspection for final approval after completion items have been made
Attend up to six (6) irrigation inspections during construction; one (1) irrigation inspection and one (1) inspection report upon substantial completion and (4) four final walk and acceptance. No irrigation inspections after final acceptance are included in the proposal. Six (6) irrigation pay application review and approval

Task 7: Pool Engineering

7.1 Preparing draft plans for the new POOL (approx. 5,000 SF) with a slide feature, beach entry and sun shelves. The plans suitable for bid, permitting and construction. The pool plans will be compliant with the 2020 FBC 7th Ed Section 454.1, and the State Commercial Pool Code, Rule 64E-9, F.A.C. The plans will include the hydraulic components of the slide feature what the slide product and structure will be the responsibility of others. Following construction, we can conduct a final inspection in support of preparing the operating applications for the Health Department.

BUDGET: The aforementioned plans and specifications shall reflect a construction budget as set forth by the Client within 5%.

FEE: Booth Design Group agrees to provide the services described herein for a fee of $51,538.00.

Task 1:	$ 1,650.00	
Task 2:	$ 4,575.00	
Task 3:	$ 9,868.00	
Task 4:	$ 13,975.00	
Task 5:	$ 1,375.00	
Task 6:	$ 4,835.00	
Task 7:	$15,260.00 Included but Optional Service	

*Structural Fees Estimate: $1,600.00
Note: Consultant fee does not. include structural engineering for any required monuments, walls and related hardscape elements. Final fee shall be based on the amount of structure to be designed at a rate of $300.00 per structural design feature (walls and columns, etc).

OFFICE/PRODUCTION REIMBURSABLE EXPENSES:

Office Reimbursable items shall be invoiced at cost plus 5%. e.g., blueprinting, mailing, Xeroxing, graphic reproduction, plotting service costs. Please see Article 2 of the General Terms and Conditions of this Agreement for Additional Charges. Estimated $650.00

TRAVEL REIMBURSABLE EXPENSES:
Mileage shall be invoiced at $.58/mile. Please see Article 2 of the General Terms and Conditions of this Agreement for Additional Charges. Estimated $1,450.00

STRUCTURAL DESIGN:
Structural design for all proposed hardscape/signage items needing signed and sealed professional engineering shall be performed by others.

GENERAL TERMS AND CONDITIONS:

Article 1.Payment. Consultant shall invoice Client for the work complete; invoices are due and payable within thirty (30) days of the date of the invoice. Client shall notify Consultant in writing, of any and all objections, if any, to an invoice within ten (10) days of the date of the invoice. A service charge shall be applied at a rate of 1.5 percent per month (or the maximum rate allowable by law) to delinquent amounts.

Article 2.Additional Charges. Reimbursable items shall be invoiced at cost. e.g., blueprinting, mailing, Xeroxing, graphic reproduction, plotting service costs, telephone and travel costs, such as airfare, car rental, meals, hotels and other related travel costs.

Article 3.Extra Work Services. Extra Work services shall be performed only when requested and approved by Client in writing. These services shall be quoted either on a lump sum amount or performed based on hourly rates.

Article 4.Excluded Services. Consultant shall not verify or otherwise be responsible for the accuracy or completeness of data, specifications and/or design work provided to Consultant by Client’s other design professionals. All plans shall be prepared at one time with construction phases applied after all plans are completed. All fees quoted are related to the specific Scope of Service and budget stated herein and to Phase One installation only. Services for work outside this Scope and/or related to subsequent phases shall be negotiated between Consultant and Client.

Article 5.Assignment. Neither party to this agreement shall assign its duties and obligations without the prior written consent of the other party.

Article 6.Limitation of Liability. Consultant shall not be held responsible for the means, methods or appropriateness of the installation procedures undertaken by any contractor, nor for the job site safety. Consultant shall not be held responsible for determining and marking the location of underground pipes, wires, conduits, cables or structures such as gas lines, fiber optics, irrigation or septic systems, or any other items which may exist below the surface of the ground. Consultant shall not be held responsible for identifying, locating, discovering, removal and/or treatment of any hazardous waste, known or unknown at the site, nor for the consequences of any hazardous waste materials of any kind at the site, including, but not limited to asbestos and PCB’s, as well as materials not yet known as hazardous.

Article 7.Limitation Regarding Parties. Notwithstanding anything to the contrary contained herein, it is agreed, acknowledged and understood that the Client’s sole and exclusive claim, demand, suit, judgment or remedy shall be directed and or asserted only against Consultant, as a Corporation, and not against any of Consultants shareholders, landscape architects, directors, officers or employees.

Article 8.Termination of Agreement. This agreement may be terminated by either party effective thirty (30) days after receipt from the other party of a written notice via registered mail, of such termination. In the event of termination,

Consultant shall be entitled to receive full compensation for fees and expenses outstanding as of the effective date of the termination.

Article 9.Attorney Fees. This Agreement shall be governed by the laws of the state of Florida. To the extent permitted by law, Client and Consultant hereby waive all rights to a trial by jury. If a dispute arises under this agreement and litigation is instituted, the prevailing party shall be entitled to recover its reasonable attorney fees.

Article 10. Betterment. If, due to the Consultant's negligence, a required item or component of the Project is omitted from the Consultant's construction documents, the Consultant shall not be responsible for paying the cost required to add such item or component to the extent that such item or component would have been required and included in the original construction documents. In no event will the Consultant be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project.

Client Approval:	 		Date:   	

Printed Name:	 		Title:   	

Booth Design Group:	 		Date:    May 3, 2021	

Printed Name:	Hunter A. Booth		Title:    President	

North River Ranch Community Development District

Ratification of Funding Requests # 20 -24

NORTH RIVER RANCH COMMUNITY DEVELOPMENT DISTRICT

Funding Requests 2021-20 - 2021-24

FR #	Description	Amount	Total	
				
2021-20	Amerritt	$11,300.00		
		$3,700.00		
				
	Kaiser Consulting Group	$4,200.00		
				
			$19,200.00	

2021-21	Amerrit	$5,000.00		
				
	Clearview Land Design	$430.00		
		$29.54		
				
	VGlobalTech	$125.00		
				
	Vogler Ashton	$845.00		
				
			$6,429.54	

2021-22	McClatchy Company	$119.34		
				
	VGlobalTech	$300.00		
				
			$419.34	

2021-23	Amerritt	$2,850.00		
				
	PFM Group Consulting	$6.12		
				
	Supervisor Fees- 3/10/21 Meeting	$1,000.00		
			$3,856.12	

2021-24	Clearview Land Design	$662.50		

		$1,864.68		
				
	PFM Group Consulting	$1,666.67		
				
			$4,193.85	
				
		TOTAL	$34,098.85	

By Amanda Lane at 10:36 am, Apr 05, 2021

By Amanda Lane at 1:21 pm, Apr 12, 2021

By Amanda Lane at 1:39 pm, Apr 26, 2021

North River Ranch Community Development District

Review of District Financial Statements (under separate cover)