Loading...
Agenda 10/15/2019 Cedar Hammock Community Development District Board of Supervisors Norman Day,Chairman Quentin Greeley,Vice Chairman Justin Faircloth,District Manager Fred Bally,Assistant Secretary Dan Cox,District Counsel John Martino,Assistant Secretary Sam Marshall,District Engineer Gene T.Bolton,Assistant Secretary Meeting Agenda October 15,2019—2:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Old Business A. Bulkhead& Bridge Repair/Replacement Project Update 5. New Business A. Martella October 5, 2019 Email B. Campus Suite ADA Website Compliance Proposal 6. Attorney's Report 7. Engineer's Report 8. Manager's Report A. Approval of the Minutes of July 15, 2019 Meeting B. Approval of the Minutes of August 22,2019 Continued Meeting C. Acceptance of the Financials D. Motion to Assign Fund Balance E. Acceptance of the FY2019 Financial Audit Engagement Letter F. Follow Up Items G. FEMA Update H. Meeting Notice 9. Supervisors Requests 10.Audience Comments 11.Adjournment 4 + 4 A. ittr Datil riatil PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 Notice of Meetings Cedar Hammock CEDAR HAMMOCK COMMUN ITY INFRAMARK Community Development 210 N UNIVERSITY DR 702 District The Board of Supervisors of CORAL SPRINGS,FL 33071 the Cedar Hammock Corn- munity DevelopmentDistrict will hold their meetings for Fiscal Year 2020 at the Cedar Hammock Clubhouse, 8660 Affidavit of Publication Cedar Hammock Boulevard, STATE OF WISCONSIN Naples, Florida at 2:00 p.m.on the second Monday of the fol- COUNTY OF BROWN lowing months except as not- ed: Before the undersigned they serve as the authority, October 15,2019 201 personally appeared said legal clerk who on oath says that Decemberl9,20199 he/she serves as Legal Clerk of the Naples Daily News, a January 13,2020 0, daily newspaper published at Naples, in Collier County, F h h 9,c ,2 2020 MarcMar2020 Florida; distributed in Collier and Lee counties of Florida; April 13,2020 that the attached copy of the advertising was published in May 11,2020 said newspaper on dates listed. Affiant further says that the There may be occasions when said Naples Daily News is a newspaper published at one or more Supervisors will participate by telephone. Naples, in said Collier County, Florida, and that the said Meetings may be continued to newspaper has heretofore been continuously published in w a date and Uncertain which will be announced at said the meeting, Collier County, Florida, distributed in Collier and Lee In accordance with the provi- counties of Florida, each day and has been entered as sions of the Americans with second class mail matter at the post office. Naples, in Disabilities Act, any person re- inqulring special atxammoda- said Collier County, Florida, for a period of one year next hens at this meeting because rn- preceding the first publication of the attached copy o1 of a pairment disability or physical the should contact the advertisement; and affiant further says that he has neither District Management Compa- ny,paid nor promised any person, or corporation any discount, Igementk,Services (Infrastructure Management at {964) rebate, commission or refund for the purpose of securing 603-0033. II you are hearing this advertisement for publication in the said newspaper. or speech impaired, please contact the Florida Relay Serv- ice at 7-1-1 for aid in contact- Published:September 20,2019 Ing the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of Subscribed and sworn to before on September 20,2019: the proceedings and that ac- cordingly, the person may need to ensure that a verba• tim record of the proceedings is made, including the testi- monyn r,t., r ti v t pv eel -r„.4 and evidence upon which such appeal is to be —.-- — based. Notary,State of WI,County of Brown Justin Faircloth District Manager I Ali/� N1C1h.it)I 0/ I I L�p862,QoE019 Nol,lr y Public- :.:.: r.ublic-- 3 fi:tote of \'Viscor`din My commission expires August 6,2021 Publication Cost:$234.50 Ad No:0003586506 Customer No. 1304217 PO#: FY2020 Meetings o U F- z z o 0 0 11'1 G - U C) 0 H OP . (r)y, ..i'111►,n „ , } fit T i. U r (1) %ie rofte , ' 0 k, CL 0 C)r U *614 U 0 ...t.,,, ; ..._.,... 1 .,,: ii, ,. a.ii, 1 E 'frit*. . • ; ,....I A x i ' i04 '/�ui_ L.- OD , ! . , U e _ i. '''''''' *'',r , , {�c C i 8 :, , 0 v fn 0x i` 40001,11.1 i o'osr. 0 ,iii, e.' , k ' e en• !. ,6H r 0� 6 0M I _ _. v T 3 :s o �� 41' ty Cid —e) a" Q.s. 0 •L .511 x -..4k iettifit- '�'" C MT C Q v YO i ai 3 to= > 0 -0 U 4J fa co N N C •`- ' z v v t10 D 4- C) O O co c z U tw (13 -0 iftoo �., Q " - ftl V �n "a U rn 4-- W N •-, f 0 Q = 'p '— 0 o C o `—"0 0, __ -u c a, L m co -.. D . . ... „,... .. '# I ';,;-•..' -.__ i ....-,,,,,,.,:i:--. ..:,, U CI) ; -.•,,,.--,,,, ....41'ig,;:!!',J,!',,,.,,i5.:.r.i::::..:;.:.'-'. ,:. , , :: , : ,,,,:: :,,,:-:•:',1.,,..F''-.-: ''.:, 7:5 CI ' . .. , . C (I)4 , , .,.... .. cc, u C a) 0 .. , .. . , .„.,,... . . . .. . U , . . . , . . . . . . .. .. .:-.._ .... . . ... .. .., .., . . . , . ,..., U , . • -',..:' ' .,It -.:• 0 -.,. .. -, -.-1, -.''',;•,;::.. 41. . C!Cl. '. :,."..............._, ,-. - . . ,.. f -• '..1 -.' -..,-,.... , • .. - -.. . • .4 '',-,:-..•.1::' '•..: ' . . •c,"vi' 4 •••••'•:',•:',.---..,-.,,:„...:-...• - . ••,, ..• .. •..- . . . :..,.... ,. - . , •%,‘ .. . . . ., ,--IttA, ,••••.-;,,.•-:.-...,.. . • , ., •• It! ,,; . . -1,- 4 .4a,,,..... ..• .. t . , i, ,,14: t! ,• r , ''' ' ',,'. '1' ' ''• .L, '., 4% i. • : .0:.;:;,:..'f.!:4, ii. ;.;:-..,:,,f.:::.i, .,. 41, ,-...ii Iv ,. . .- : • ' .;.----, .'f* fi '..t.',t-ki3 ''',c.;.,.`'.::;.-t"..',1::',.,' ' -. . .r.,:';i;;,. .:.....,::1, .•-.,:ri;,..;0;14,-, . . . ... _..,...,._,- 61 .:... . 'i:..",3;4,,,Z4 '''.r.i•A":144'; .' .1: .,'...45.:.if• P.$,Y.L,,,:ik.k.1;>:1 4''.'..!.' :i .4';4•:*i.'',..4Fi'.. -P,.1:!t'.ff,T,K'., 4,4' :,,,.''',if -'44.;•`4V,':':i'V'''..":, , •‘ '.*. • .1' • e :44,' l'. . .41. ,•.,, ' :,:, - . . ..:' - : :4,,,tri . ,- -,•••-•, , . • ,• • , ..,,, ... • • .--.... .•:••"•-• .4:-.i.•4 • • ,-; • '4454�¢, ( : • ` '" n:, ` kL 1 to0 (ci. ' ti U N U fB C Q •L i t1A c O •— U) U O a-' cn •c CD N co U f6 4J ate-+ -0 4-, t) -p U c fa z c 4_J O O O Q N N i i Q C 00 V — N rDU 0 o .o_ -p V) '=' CU 1 > .L —' 0 ill Ci L N a - neo Q. •L c a (D - U i '1 o 0 O CO _C Q in cu v) cu 0•`-' 0 c 0 v L) W N bA 0 O 4-1 j Q N tL0 0 ,, ° -' c I i o- � N N Cl x U Q O +' cc v ` •-•:''',7x -7-'-'-,`"1.r-74,::,','$1:, :rP H'+# i"+a' E 1E Ali, ��,„ Afi fy Y .A 14,4?., 9k` �...ke.. i:':.st " 4tir � ° ux 1. 41 -0 - CU - 0 U -n 03 C +4-, O 03 03 N — v .,C — C M .— N C -0 C CU p CU -0 _C t3Ab O CL _i0 C_ CU U .Q C C fB O CO N U co ID O U _C C > 4_+ co N L > CL Q a--, cu 03 U R3 to o o C. N _0 U N c -0 • • N C CU 03 tin .Q •— CD N 4-6 O v _C s_. Q O v U Cao > CU N h�' H a" • s ' f ` x �x V Q 03 t]A d) U 4-, _ Co Y L d) O -0 CO a) 0 •� C' -t3 Q N CD O Q 0 U a) NN II , , ..,..,,,, , 4....‘,.. ,,,,,ir ,. „.7.lc. _,, 4 iii, _ _ ,,,,, ,.. 1„,,, , ,re w i.*4' `'r AA. s,,,.' by 44y 7 ,, �• T ° -4 - a . r ' w, 4exott:It-,44,4•.. • n% W N * .:� ,:t . : 4 ' '''''‘,; -''' '‘,41,,,, ¢ti 5_ ..riJt• ( , *fie# ;' , .'F /•F -Y qw"5 ' t,1,4:.; ,, /-• „,,,,,,,,,,t.' ' ''' -a :: 4 U 0 O cn U s C 4_, N Q ao v (1, -0 +, o v C C L 0 iv CL CD U Q. v 1--+ fD N C f6 CUX C (U C d) f6 Q Q) ...Q a Q) L -o W ) o > 4(0 -o rt o v v Qate-+ (13 C R = N o to > = 0 CU O0 (,) co c '1 u v 0 a..r ,„ •v E C �1 c� O v N aU to u u 3 z i 3 '`h ' x a \\„..._.) G {t1 1 r .. s .''- +n. - m , ''',1'.1'...?:r* I ' . tori-A404 N 'w gVitt. "aft it flp` L{C r N •_ , ^ W U 4 o E > - Q. N CLO ca c "0 O C C — O ti) O 10 C CO v 1 N 73 v Q i ma 0 i "3 C O cu cu 4— CO 0 N '' 40A CU N N +-+ V) CDv) cn CO Q CO cn — Q 4-0) tc) a) co — ,--, U U N o C13a v 5 i la..) v) c.) vi 4 O +, ) c0 c v O c CU o v, T L J U '` U %-I hA N 'D CONTRACT DOCUMENTS FOR CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT PREPARED BY: BANKS ENGINEERING 10511 SIX MILE CYPRESS PARKWAY FORT MYERS, FLORIDA 33966 FOR CEDAR HAMMOCK CDD C/O INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 5911 COUNTRY LAKES DRIVE FORT MYERS, FLORIDA 33905 TABLE OF CONTENTS CONTRACT DOCUMENTS Instructions I-1 to 1-4 Bid Form B-1 to B-6 Agreement A-1 to A-4 General Conditions 1 to 44 Supplementary Conditions SC-1 to SC-6 General Specifications GS-1 to GS-11 Technical Specifications - A Bridge Work TSA-1 to TSA-2 Technical Specifications - B Rock Wall Bulkhead Work TSB-1 to TSB-5 Exhibit D Contractor's Application for Payment Exhibit E Insurance Requirements Exhibit F Waiver& Release of Lien Upon Progress Payment Waiver&Release of Lien Upon Final Payment Exhibit G Contract Change Order C:\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1 RV\1263CDD_02_TableOfContents.d oc INSTRUCTIONS TO BIDDERS 1. Copies of Bidding Documents Complete sets of Bidding Documents may be obtained as set forth in the Invitation to Bid. Complete sets of Bidding Documents must be used in preparing Bids. Neither OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete 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 on the Work and do not confer a license or grant for any other use. 2. Defined Terms Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term"Bidder"means one who submits a Bid directly to OWNER,as distinct from a sub-bidder,who submits a bid to a Bidder. The term"Successful Bidder"means the lowest,qualified,responsible and responsive Bidder to whom OWNER(on the basis of OWNER'S evaluation as hereinafter provided)makes an award. The term "Bidding Documents" includes the Instructions to Bidders, the Bid Form and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 3. Qualification of Bidders To demonstrate qualifications to perform the Work,each Bidder must be prepared to submit within five days of OWNER'S request: written evidence, such as financial data, previous experience, present commitments and other such data including a listing of previous related experience in like work complete with references and current telephone numbers. Each Bid must contain evidence of Bidders qualifications to do business in the state where the Project is located or covenant to obtain such qualifications prior to award of the contract. 4. Examination of Contract Documents and Site It is the responsibility of each Bidder before submitting a Bid to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work,(d)study and carefully correlate Bidders observations with the Contract Documents,and (e) notify ENGINEER of all conflicts, errors or discrepancies in the Contract Documents. Any and all reports of exploration and tests of subsurface conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents are set forth in the Supplementary Conditions. This information is not guaranteed accurate by the ENGINEER.The Bidder shall be responsible for verifying any reports to his satisfaction. Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to OWNER CEDAR HAMMOCK Bridge and Bulkhead Replacement 1-1 C:\Users\ABruce\AppData\Local\Microsoft\windows\INetCache\Content.0utlook\913GVIRV\1263CDD o3 Instructions.doc and ENGINEER by owners of such Underground Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof. Before submitting a Bid, each Bidder will, at Bidders own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. On request in advance, OWNER will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for used by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 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 Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Contract Time The number of days within which the Work is to be substantially completed and ready for final payment is set forth in the Agreement. 6. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 7. Substitute of"Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or"or- equal"items. Whenever it is indicated in the Drawings,or specified in the Specifications,that a substitute or "or-equal" item of material or equipment may be furnished or used by CEDAR HAMMOCK Bridge and Bulkhead Replacement 1-2 C:\Users\Aaruce\Appnata\Local\M!crosort\windows\I NetCache\Content.outlook\9J3GV1 RV'1263CDD_03 Instructions.doc CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by ENGINEER is set forth in Paragraphs 6.7.1,6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Supplementary Conditions. 8. Subcontractors and Suppliers All major subcontractors and suppliers shall be identified by the Bidder as set forth in the Bid Form. If OWNER or ENGINEER, after due investigation, has reasonable objections to any proposed subcontractor or supplier,he may request prior to Notice of Award that the apparent Successful Bidder submit an acceptable substitute without an increase in Bid Price. If apparent Successful Bidder declines to make any such substitution,OWNER may award the contract to next lowest of qualified Bidder that proposes to use acceptable subcontractors or suppliers. 9. Submission of Bids Bids shall be submitted on the fully executed Bid Form with all blanks completed in ink or by typewriter at the time and place indicated in the Invitation to Bid. The Bids shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of the Bidder and the notation "BID ENCLOSED." Bids sent by fax or email are not acceptable. 10. Modification or Withdrawal of Bids Bids 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 at any time prior to the opening of Bids. If,within twenty-four 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. Thereafter,that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 11. Opening of Bids Bids will be opened publicly. 12. Award of Contract Owner reserves the right to reject any and all bids, to waive any and all informalities not involving price, time or changes in the Work, and to negotiate contract terms with the Successful Bidder,and the right to disregard all nonconforming,nonresponsive,unbalanced or conditional Bids. Also, OWNER reserves the right to 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, CEDAR HAMMOCK Bridge and Bulkhead Replacement 1-3 C:\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD 03_Instructions.doc whether because the Bid is not responsive,or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. In evaluating Bids, OWNER will consider the qualifications of the Bidders,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. Owner may consider the qualifications and experience of Subcontractors,Suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors,Suppliers and other persons and organizations must be submitted as provided in the Bid Form. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER'S satisfaction within the prescribed time. If the contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by OWNER indicates to OWNER that the award will be in the best interest of the Project. If the contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within the number of days after the day of the Bid opening as set forth in the Bid Form. 13. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within the number of days as set forth in the Bid Form thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER. Within ten(10)days thereafter,OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. CEDAR HAMMOCK Bridge and Bulkhead Replacement 1-4 C:\Users\ABruce\AppData\LocalWicrosoft\Windows\INetCache\Content Outlook\913GV1RVV263CDD_03_Instructions.doc BIDDERS NAME BID FORM PROJECT IDENTIFICATION: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT THIS BID IS SUBMITTED TO: CEDAR HAMMOCK CDD C/O INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 5911 COUNTRY LAKES DRIVE FORT MYERS, FL 33905 1. The undersigned BIDDER proposes and agrees, if this BID is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders. This Bid will remain open for ninety(90)days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen (15) days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,that: a. BIDDER has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date (receipt of all which is hereby acknowledged)and also copies of the Advertisement or Invitation to Bid and the Instructions to Bidders. b. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements(federal,state and local laws,ordinances,rules and regulations)and the conditions affecting cost,progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,firm or corporation and is not submitted in conformity with any agreement or rules of any group,association,organization or corporation;BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person,firm or corporation to refrain from bidding; CEDAR HAMMOCK Bridge and Bulkhead Replacement B-1 C:\Users\ABruce\AppData\LocalWicrosoft\Winoows\INetCache\Content.Outlook\913GV1RV\1263CDD D4 BidForm.doc and BIDDER has not sought by collusion to obtain for himself any advance over any other Bidder or over OWNER. 4. BIDDER agrees that the Work will be substantially complete and ready for final payment in accordance with Paragraphs 14.8 and 14.13 of the General Conditions within the number of calendar days indicated in the Agreement. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 5. The following work will be accomplished by the Subcontractors listed. Work Subcontractor CEDAR HAMMOCK Bridge and Bulkhead Replacement B-2 C:\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD_o4 BidForm.doc 6. BIDDER will complete the Work for the prices listed in the following Price Schedule. The unit prices quoted for the particular items are to be used exclusively for computing the total contract lost. The total shall be inclusive of all work necessary to complete the project. The project will be a unit price project as specified in the bid form. If the unit is a lump sum in the bid form, then that item shall be a lump sum item. 7. The terms used in this Bid which are defined in the General Conditions of the Contract Documents have the same meanings as assigned to them in those General Conditions. SUBMITTED ON , 2019. By: (Corporation or Firm Name) By: Corporate (Printed name of authorized officer) (Title) Seal Attest: (Printed Name) (Signature) Business Address: Phone Number: ( ) Qualifier: Licensed Contractor who qualifies the bidder. Name: , License Signature: License No. &State: License Limitations, if any: CEDAR HAMMOCK Bridge and Bulkhead Replacement B-3 C:\Users\ABruce\AppData\Locar\Microsoft\Windows\I NetCache\Content.outlook\9J 3GV1 RV\1263CDD_o4_BidForm.doc AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2013 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT ARTICLE 2. ENGINEER 2.1 The Project has been designed by BANKS ENGINEERING, 10511 Six Mile Cypress Parkway, Fort Myers, Florida 33966, who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 The Work will be substantially completed within 120 days after the date when the Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions within 150 days after the date when the Contract time commences to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 1 of the General Conditions. They also recognize the delays, expense and difficulties CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD OS_Agreementdoc involved in proving in a legal or arbitration proceeding,the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not a penalty)CONTRACTOR shall pay OWNER Two Thousand Dollars ($2,000.00) for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance and completion of the Work in accordance with the Contract Documents in current funds as specified by the unit price schedule Bid Form which is an exhibit to this agreement and is part of the Contract Document. The total of the unit price Contract is $ ARTICLE 5. PAYMENT PROCEDURES 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. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER,on or about the fifteenth day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General Conditions. 5.1.1. Prior to and upon Substantial Completion,progress payments will be in an amount equal to 90% of the Work completed in accordance with Paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 4.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner my affect cost, progress and performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations,investigations and tests and studies as he deems necessary for the performance of the Work at the Contract price, within the Contract time and in accordance with the other terms and conditions of the Contract Documents;and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on CEDAR HAMMOCK Bridge and Bulkhead Replacement A 2 C\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outloo0J3GV1RV\1263CDD_05_Agreement.doc the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms,and conditions of the Contract Documents,including specifically the provisions of Paragraph 4.3 of the General Conditions. 6.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER and is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This agreement(pages A-1 to A-4, inclusive) Bid Form (pages B-1 to B-9) 7.2 General Conditions (pages 1 to 44, inclusive) 7.3 Supplementary Conditions (pages SC-1 to SC-6, inclusive). 7.4 General Specifications (Pages GS-1 to GS-11, inclusive). 7.5 Technical Specifications A - Bridge Work (Pages TSA-1 to TSA-2, inclusive). 7.6 Technical Specifications B- Bulkhead Work(Pages TSB-1 to TSB-5, inclusive). 7.7 Forge Engineering Geotechnical Report,Proposed Bulkhead Wall Replacement Project, Cedar Hammock Community, Dated October 30, 2018. 7.8 Banks Engineering Cedar Hammock Wall Replacement Survey Dated January 27,2017. 7.9 Ingenium, Inc. Cedar Hammock Bulkhead Construction Plans, Sheets 1- 20, Dated January 23, 2019. 7.10 Bridging Solutions, LLC Cedar Hammock CDD Golf Cart Bridge Replacement Plans, Sheets 1 —8, Dated January 2, 2019. Exhibit"D" - Contractor's Application for Payment CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 CAU sers\ABruce\AppData\Local\Microsoft\windows\I NetCache\ContenteutioolOJ 3GV1 RV\1263CDD_05_Ag reement.doc Exhibit"E" - Insurance Requirements Exhibit"F"-Waiver& Release of Lien Upon Final Payment and Waiver&Release of Lien Upon Progress Payment Exhibit "G" - Contract Change Order Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered,amended or repealed by a Modification(as defined in Section 1 of the General Conditions.) ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically,but without limitations,moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated 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. 8.3 OWNER and CONTRACTOR each binds himself,his partners,successors,assigned and legal representatives to the other party hereto, his partners,successors,assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 CONTRACTOR shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit,the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. This Agreement will be effective on , 2019. OWNER: CONTRACTOR: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: Address for Given Notices: Address for Given Notices: CEDAR HAMMOCK Bridge and Bulkhead Replacement A-4 C:\Users\ABruce\AppDa:a\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD 05_Agreement.doc Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (License No. and State) CEDAR HAMMOCK Bridge and Bulkhead Replacement A-5 CAUsers\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD DS Agreement.doc 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 and Issued and Published Jointly By SNATIONAL ,.SMG t M0 AMERICAN OCIETY OF � * SOCIETY Or PROFESSIONAL = C E 7, CIVIL ENGINEERS • A ENGINEERS oaolonK « rovNoco 'NIPPYUM � c� GV� 111152 PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner-Contractor Agreements(No. 1910-8-A-1 or 1910-8- A-2) (1996 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 User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions,see Guide to the Preparation of Supplementary Conditions(No. 1910-17)(1996 Edition). EJCDC No. 1910-8(1996 Edition) Copyright®1996 National Society of Professional Engineers 1420 King Street,Alexandria,VA 22314 American Consulting Engineers Council 1015 15th Street N.W.,Washington,DC 20005 American Society of Civil Engineers 345 East 47th Street,New York,NY 10017 00700-2 TABLE OF CONTENTS Page ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2-PRELIMINARY MATTERS 9 2.01 Delivery of Bonds 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times;Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 10 2.07 Initial Acceptance of Schedules 10 ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE 10 3.01 Intent 10 3.02 Reference Standards 11 3.03 Reporting and Resolving Discrepancies 11 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 ARTICLE 4-AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS;REFERENCE POINTS 12 4.01 Availability of Lands 12 4.02 Subsurface and Physical Conditions 12 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 ARTICLE 5-BONDS AND INSURANCE 15 5.01 Performance,Payment,and Other Bonds 15 5.02 Licensed Sureties and Insurers 16 5.03 Certificates of Insurance 16 5.04 CONTRACTOR'S Liability Insurance 16 5.05 OWNER'S Liability Insurance 17 5.06 Property Insurance 17 5.07 Waiver of Rights 18 5.08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance;Option to Replace 19 5.10 Partial Utilization,Acknowledgment of Property Insurer 19 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 19 6.01 Supervision and Superintendence 19 6.02 Labor; Working Hours 19 6.03 Services,Materials,and Equipment 19 6.04 Progress Schedule 20 6.05 Substitutes and"Or-Equals" 20 6.07 Patent Fees and Royalties 22 00700-3 6.08 Permits 22 6.09 Laws and Regulations 23 6.10 Taxes 23 6.11 Use of Site and Other Areas 23 6.13 Safety and Protection 24 6.14 Safety Representative 24 6.15 Hazard Communication Programs 24 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 26 6.19 CONTRACTOR'S General Warranty and Guarantee 26 6.20 Indemnification 26 ARTICLE 7-OTHER WORK 27 7.01 Related Work at Site 27 7.02 Coordination 27 ARTICLE 8-OWNER'S RESPONSIBILITIES 28 8.01 Communications to Contractor 28 8.02 Replacement of ENGINEER 28 8.03 Furnish Data 28 8.04 Pay Promptly When Due 28 8.05 Lands and Easements;Reports and Tests 28 8.06 Insurance 28 8.07 Change Orders 28 8.08 Inspections, Tests,and Approvals 28 8.09 Limitations on OWNER'S Responsibilities 28 8.10 Undisclosed Hazardous Environmental Condition 28 8.11 Evidence of Financial Arrangements 28 ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION 28 9.01 OWNER'S Representative 28 9.02 Visits to Site 28 9.03 Project Representative 29 9.04 Clarifications and Interpretations 29 9.05 Authorized Variations in Work 29 9.06 Rejecting Defective Work 29 9.07 Shop Drawings, Change Orders and Payments 29 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 30 9.10 Limitations on ENGINEERS Authority and Responsibilities 30 ARTICLE 10-CHANGES IN THE WORK;CLAIMS 30 10.01 Authorized Changes in the Work 30 10.02 Unauthorized Changes in the Work 30 10.03 Execution of Change Orders 31 10.04 Notification to Surety 31 10.05 Claims and Disputes 31 ARTICLE 11-COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 32 11.01 Cost of the Work 32 11.02 Cash Allowances 33 11.03 Unit Price Work 34 00700-4 ARTICLE 12-CHANGE OF CONTRACT PRICE;CHANGE OF CONTRACT TIMES 34 12.01 Change of Contract Price 34 12.02 Change of Contract Times 35 12.03 Delays Beyond CONTRACTORS Control 35 12.04 Delays Within CONTRACTOR'S Control 35 12.06 Delay Damages 35 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 36 13.01 Notice of Defects 36 13.02 Access to Work 36 13.03 Tests and Inspections 36 13.04 Uncovering Work 36 13.05 OWNER May Stop the Work 37 13.06 Correction or Removal of Defective Work 37 13.07 Correction Period 37 13.08 Acceptance of Defective Work 37 13.09 OWNER May Correct Defective Work 38 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 38 14.01 Schedule of Values 38 14.02 Progress Payments 38 14.03 CONTRACTOR'S Warranty of Title 40 14.04 Substantial Completion 40 14.05 Partial Utilization 41 14.06 Final Inspection 41 14.07 Final Payment 41 14.09 Waiver of Claims 42 ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 42 15.01 OWNER May Suspend Work 42 15.02 OWNER May Terminate for Cause 42 15.03 OWNER May Terminate For Convenience 43 15.04 CONTRACTOR May Stop Work or Terminate 43 ARTICLE 16-DISPUTE RESOLUTION 44 16.01 Methods and Procedures 44 ARTICLE 17-MISCELLANEOUS 44 17.01 Giving Notice 44 17.02 Computation of Times 44 17.03 Cumulative Remedies 44 17.04 Survival of Obligations 44 17.05 Controlling Law 44 00700-5 GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price 1.01 Defined Terms or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services A. Wherever used in the Contract Documents and by a third party is not a Claim. printed with initial or all capital letters, the terms listed below will have the meanings indicated which arc 11. Contract—The entire and integrated written applicable to both the singular and plural thereof. agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior 1. Addenda—Written or graphic instruments negotiations, representations, or agreements, whether issued prior to the opening of Bids which clarify,correct,or written or oral. change the Bidding Requirements or the Contract Documents. 12. Contract Documents--The Contract Docu- ments establish the rights and obligations of the parties and 2. Agreement--The written instrument which is include the Agreement, Addenda (which pertain to the evidence of the agreement between OWNER and Contract Documents), CONTRACTOR'S Bid (including CONTRACTOR covering the Work. documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) 3. Application for Payment--The form when attached as an exhibit to the Agreement,the Notice to acceptable to ENGINEER which is to be used by CON- Proceed, the Bonds, these General Conditions, the TRACTOR during the course of the Work in requesting Supplementary Conditions, the Specifications and the progress or fmal payments and which is to be accompanied Drawings as the same are more specifically identified in the by such supporting documentation as is required by the Agreement,together with all Written Amendments,Change Contract Documents. Orders, Work Change Directives, Field Orders, and ENGINEER'S written interpretations and clarifications 4. Asbestos--Any material that contains more issued on or after the Effective Date of the Agreement. than one percent asbestos and is friable or is releasing Approved Shop Drawings and the reports and drawings of asbestos fibers into the air above current action levels subsurface and physical conditions are not Contract established by the United States Occupational Safety and Documents. Only printed or hard copies of the items listed Health Administration. in this paragraph are Contract Documents. Files in electronic media format of text,data,graphics,and the like 5. Bid--The offer or proposal of a bidder submit- that may be furnished by OWNER to CONTRACTOR are ted on the prescribed form setting forth the prices for the not Contract Documents. Work to be performed. 13. Contract Price--The moneys payable by 6. Bidding Documents--The Bidding OWNER to CONTRACTOR for completion of the Work Requirements and the proposed Contract Documents (in- in accordance with the Contract Documents as stated in the eluding all Addenda issued prior to receipt of Bids). Agreement(subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 7. Bidding Requirements—The Advertisement or Invitation to Bid,Instructions to Bidders,Bid security form, 14. Contract Times--The number of days or the if any,and the Bid form with any supplements. dates stated in the Agreement to: (i) achieve Substantial Completion;and(ii)complete the Work so that it is ready 8. Bonds--Performance and payment bonds and for final payment as evidenced by ENGINEER'S written other instruments of security. recommendation of final payment. 9. Change Order--A document recommended 15. CONTRACTOR--The individual or entity by ENGINEER which is signed by CONTRACTOR and with whom OWNER has entered into the Agreement. OWNER and authorizes an addition,deletion,or revision in 16. Cost of the Work--See paragraph 11.01.A for the Work or an adjustment in the Contract Price or the definition. Contract Times,issued on or after the Effective Date of the Agreement. 00700-6 17. Drawings--That part of the Contract date or time prior to Substantial Completion of all the Documents prepared or approved by ENGINEER which Work. graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop 28. Notice of Award--The written notice by Drawings and other CONTRACTOR submittals are not OWNER to the apparent successful bidder stating that upon Drawings as so defined. timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign 18. Effective Date of the Agreement--The date and deliver the Agreement. indicated in the Agreement on which it becomes effective, but if no such date is indicated,it means the date on which 29. Notice to Proceed--A written notice given by the Agreement is signed and delivered by the last of the two OWNER to CONTRACTOR fixing the date on which the parties to sign and deliver. Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the 19. ENGINEER--The individual or entity named Contract Documents. as such in the Agreement. 30. OWNER--The individual,entity,public body, 20. ENGINEER'S Consultant—An individual or or authority with whom CONTRACTOR has entered into entity having a contract with ENGINEER to furnish the Agreement and for whom the Work is to be performed. services as ENGINEER'S independent professional associate or consultant with respect to the Project and who 31. Partial Utilization--Use by OWNER of a is identified as such in the Supplementary Conditions. substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to 21. Field Order--A written order issued by Substantial Completion of all the Work. ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or 32. PCBs—Polychlorinated biphenyls. the Contract Times. 33. Petroleum--Petroleum, including crude oil or 22. General Requirements--Sections of Division any fraction thereof which is liquid at standard conditions 1 of the Specifications. The General Requirements pertain of temperature and pressure (60 degrees Fahrenheit and to all sections of the Specifications. 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, 23. Hazardous Environmental Condition--The kerosene, and oil mixed with other non-Hazardous Waste presence at the Site of Asbestos, PCBs, Petroleum, and crude oils. Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial 34. Project--The total construction of which the danger to persons or property exposed thereto in connection Work to be performed under the Contract Documents may with the Work. be the whole,or a part as may be indicated elsewhere in the Contract Documents. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of 35. Project Manual--The bound documentary the Solid Waste Disposal Act(42 USC Section 6903) as information prepared for bidding and constructing the amended from time to time. Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes,is contained 25. Laws and Regulations;Laws or Regulations-- in the table(s)of contents. Any and all applicable laws,rules,regulations,ordinances, codes, and orders of any and all governmental bodies, 36. Radioactive Material--Source, special nude- agencies,authorities,and courts having jurisdiction. ar,or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended 26. Liens--Charges, security interests, or from time to time. encumbrances upon Project funds, real property, or personal property. 37. Resident Project Representative--The autho- rized representative of ENGINEER who may be assigned 27. Milestone--A principal event specified in the to the Site or any part thereof. Contract Documents relating to an intermediate completion 00700-7 38. Samples--Physical examples of materials, television,water,wastewater,storm water,other liquids or equipment,or workmanship that are representative of some chemicals,or traffic or other control systems. portion of the Work and which establish the standards by which such portion of the Work will be judged. 47. Unit Price Work--Work to be paid for on the basis of unit prices. 39. Shop Drawings--All drawings, diagrams, illustrations,schedules,and other data or information which 48. Work--The entire completed construction or are specifically prepared or assembled by or for CON- the various separately identifiable parts thereof required to TRACTOR and submitted by CONTRACTOR to illustrate be provided under the Contract Documents. Work includes some portion of the Work. and is the result of performing or providing all labor, services, and documentation necessary to produce such 40. Site--Lands or areas indicated in the Contract construction, and furnishing, installing, and incorporating Documents as being furnished by OWNER upon which the all materials and equipment into such construction, all as Work is to be performed, including rights-of-way and required by the Contract Documents. easements for access thereto, and such other lands furnished by OWNER which are designated for the use of 49. Work Change Directive--A written statement CONTRACTOR, to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended 41. Specifications--That part of the Contract by ENGINEER ordering an addition, deletion,or revision Documents consisting of written technical descriptions of in the Work, or responding to differing or unforeseen materials,equipment,systems,standards,and workmanship subsurface or physical conditions under which the Work is as applied to the Work and certain administrative details to be performed or to emergencies. A Work Change applicable thereto. Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change 42. Subcontractor—An individual or entity ordered or documented by a Work Change Directive will having a direct contract with CONTRACTOR or with any be incorporated in a subsequently issued Change Order other Subcontractor for the performance of a part of the following negotiations by the parties as to its effect,if any, Work at the Site. on the Contract Price or Contract Times. 43. Substantial Completion--The time at which 50. Written Amendment--A written statement the Work(or a specified part thereof)has progressed to the modifying the Contract Documents, signed by OWNER point where,in the opinion of ENGINEER,the Work(or a and CONTRACTOR on or after the Effective Date of the specified part thereof) is sufficiently complete, in Agreement and normally dealing with the nonengineering accordance with the Contract Documents,so that the Work or nontechnical rather than strictly construction-related (or a specified part thereof)can be utilized for the purposes aspects of the Contract Documents. for which it is intended. The terms "substantially complete"and"substantially completed"as applied to all or 1.02 Terminology part of the Work refer to Substantial Completion thereof. A. Intent of Certain Terms or Adjectives 44. Supplementary Conditions--That part of the Contract Documents which amends or supplements these 1. Whenever in the Contract Documents the General Conditions. terms "as allowed," "as approved," or terms of like effect or import are used,or the adjectives"reasonable," 45. Supplier--A manufacturer, fabricator, suppli- "suitable," "acceptable," "proper," "satisfactory," or er, distributor, materialman, or vendor having a direct adjectives of like effect or import are used to describe contract with CONTRACTOR or with any Subcontractor an action or determination of ENGINEER as to the to furnish materials or equipment to be incorporated in the Work, it is intended that such action or determination Work by CONTRACTOR or any Subcontractor. will be solely to evaluate, in general, the completed Work for compliance with the requirements of and 46. Underground Facilities--All underground information in the Contract Documents and confor- pipelines, conduits, ducts, cables,wires, manholes, vaults, mance with the design concept of the completed Project tanks, tunnels, or other such facilities or attachments, and as a functioning whole as shown or indicated in the any encasements containing such facilities,including those Contract Documents (unless there is a specific that convey electricity, gases, steam, liquid petroleum statement indicating otherwise). The use of any such products, telephone or other communications, cable term or adjective shall not be effective to assign to 00700-8 ENGINEER any duty or authority to supervise or direct technical or construction industry or trade meaning are used the performance of the Work or any duty or authority in the Contract Documents in accordance with such to undertake responsibility contrary to the provisions of recognized meaning. paragraph 9.10 or any other provision of the Contract Documents. ARTICLE 2-PRELIMINARY MATTERS B. Day 1. The word "day" shall constitute a 2.01 Delivery of Bonds calendar day of 24 hours measured from midnight to the next midnight. A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also C. Defective deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 1. The word "defective," when modifying the word "Work," refers to Work that is 2.02 Copies of Documents unsatisfactory,faulty,or deficient in that it does not conform to the Contract Documents or does not A. OWNER shall furnish to CONTRACTOR up to meet the requirements of any inspection,reference ten copies of the Contract Documents. Additional copies standard,test,or approval referred to in the Contract will be furnished upon request at the cost of reproduction. Documents, or has been damaged prior to ENGINEER'S recommendation of final payment 2.03 Commencement of Contract Times;Notice to (unless responsibility for the protection thereof has Proceed been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or A. The Contract Times will commence to run on the 14.05). thirtieth day after the Effective Date of the Agreement or,if a Notice to Proceed is given, on the day indicated in the D. Furnish,Install,Perform,Provide Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the 1. The word "furnish," when used in Agreement. In no event will the Contract Times commence connection with services, materials, or equipment, to run later than the sixtieth day after the day of Bid shall mean to supply and deliver said services, opening or the thirtieth day after the Effective Date of the materials, or equipment to the Site(or some other Agreement,whichever date is earlier. specified location)ready for use or installation and in usable or operable condition. 2.04 Starting the Work 2. The word "install," when used in A. CONTRACTOR shall start to perform the Work connection with services, materials, or equipment, on the date when the Contract Times commence to run. No shall mean to put into use or place in final position Work shall be done at the Site prior to the date on which said services,materials,or equipment complete and the Contract Times commence to run. ready for intended use. 2.05 Before Starting Construction 3. The words"perform"or"provide,"when used in connection with services, materials, or A. CONTRACTOR'S Review of Contract Docu- equipment, shall mean to furnish and install said ments: Before undertaking each part of the Work, services, materials, or equipment complete and CONTRACTOR shall carefully study and compare the ready for intended use. Contract Documents and check and verify pertinent figures therein and all applicable field measurements. 4. When "furnish," "install," "perform," or CONTRACTOR shall promptly report in writing to "provide" is not used in connection with services, ENGINEER any conflict,error, ambiguity,or discrepancy materials,or equipment in a context clearly requiring an which CONTRACTOR may discover and shall obtain a obligation of CONTRACTOR,"provide"is implied. written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; E. Unless stated otherwise in the Contract Docu- however, CONTRACTOR shall not be liable to OWNER ments, words or phrases which have a well-known or ENGINEER for failure to report any conflict, error, 00700-9 ambiguity, or discrepancy in the Contract Documents 2.07 Initial Acceptance of Schedules unless CONTRACTOR knew or reasonably should have known thereof. A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first B. Preliminary Schedules: Within ten days after the Application for Payment a conference attended by CON- Effective Date of the Agreement (unless otherwise speci- TRACTOR,ENGINEER,and others as appropriate will be fled in the General Requirements), CONTRACTOR shall held to review for acceptability to ENGINEER as provided submit to ENGINEER for its timely review: below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an 1. a preliminary progress schedule indicat- additional ten days to make corrections and adjustments ing the times(numbers of days or dates)for starting and to complete and resubmit the schedules. No progress and completing the various stages of the Work, payment shall be made to CONTRACTOR until acceptable including any Milestones specified in the Contract schedules are submitted to ENGINEER. Documents; 1. The progress schedule will be acceptable 2. a preliminary schedule of Shop Drawing to ENGINEER if it provides an orderly progression and Sample submittals which will list each required of the Work to completion within any specified submittal and the times for submitting, reviewing, Milestones and the Contract Times. Such accep- and processing such submittal;and tance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, schedul- 3. a preliminary schedule of values for all ing, or progress of the Work nor interfere with or of the Work which includes quantities and prices of relieve CONTRACTOR from CONTRACTOR'S items which when added together equal the Contract full responsibility therefore. Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress 2. CONTRACTOR'S schedule of Shop payments during performance of the Work. Such Drawing and Sample submittals will be acceptable prices will include an appropriate amount of to ENGINEER if it provides a workable overhead and profit applicable to each item of arrangement for reviewing and processing the Work. required submittals. 3. CONTRACTOR'S schedule of values C. Evidence of Insurance: Before any Work at the will be acceptable to ENGINEER as to form and Site is started, CONTRACTOR and OWNER shall each substance if it provides a reasonable allocation of deliver to the other,with copies to each additional insured the Contract Price to component parts of the Work. identified in the Supplementary Conditions, certificates of insurance(and other evidence of insurance which either of them or any additional insured may reasonably request) ARTICLE 3-CONTRACT DOCUMENTS:INTENT, which CONTRACTOR and OWNER respectively are AMENDING,REUSE required to purchase and maintain in accordance with Article 5. 3.01 Intent 2.06 Preconstruction Conference A. The Contract Documents are complementary; A. Within 20 days after the Contract Times start to what is called for by one is as binding as if called for by all. run,but before any Work at the Site is started,a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working B. It is the intent of the Contract Documents to understanding among the parties as to the Work and to describe a functionally complete Project(or part thereof)to discuss the schedules referred to in paragraph 2.05.B, be constructed in accordance with the Contract Documents. procedures for handling Shop Drawings and other Any labor, documentation, services, materials, or equip- submittals, processing Applications for Payment, and ment that may reasonably be inferred from the Contract maintaining required records. 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. 00700- 10 C. Clarifications and interpretations of the Contract such conflict, error, ambiguity, or discrepancy Documents shall be issued by ENGINEER as provided in unless CONTRACTOR knew or reasonably should Article 9. have known thereof. 3.02 Reference Standards B. Resolving Discrepancies A. Standards, Specifications, Codes, Laws, and 1. Except as may be otherwise specifically Regulations stated in the Contract Documents,the provisions of the Contract Documents shall take precedence in 1. Reference to standards, specifications, resolving any conflict, error, ambiguity, or manuals, or codes of any technical society, discrepancy between the provisions of the Contract organization, or association, or to Laws or Documents and: Regulations,whether such reference be specific or by implication, shall mean the standard, a. the provisions of any standard, specification,manual,code,or Laws or Regulations specification, manual, code, or instruction in effect at the time of opening of Bids (or on the (whether or not specifically incorporated by Effective Date of the Agreement if there were no reference in the Contract Documents);or Bids),except as maybe otherwise specifically stated in the Contract Documents. b. the provisions of any Laws or Regulations applicable to the performance of the 2. No provision of any such standard, Work(unless such an interpretation of the provi- specification,manual or code,or any instruction of sions of the Contract Documents would result in a Supplier shall be effective to change the duties or violation of such Law or Regulation). responsibilities of OWNER, CONTRACTOR, or ENGINEER,or any of their subcontractors,consul- 3.04 Amending and Supplementing Contract tants, agents, or employees from those set forth in Documents the Contract Documents, nor shall any such provision or instruction be effective to assign to A. The Contract Documents may be amended to OWNER, ENGINEER, or any of ENGINEER'S provide for additions,deletions,and revisions in the Work Consultants, agents, or employees any duty or or to modify the terms and conditions thereof in one or authority to supervise or direct the performance of more of the following ways:(i)a Written Amendment;(ii) the Work or any duty or authority to undertake a Change Order,or(iii)a Work Change Directive. responsibility inconsistent with the provisions of the Contract Documents. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in 3.03 Reporting and Resolving Discrepancies the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER'S A. Reporting Discrepancies approval of a Shop Drawing or Sample; or (iii) ENGINEER'S written interpretation or clarification. 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, 3.05 Reuse of Documents ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and A. CONTRACTOR and any Subcontractor or any provision of any Law or Regulation applicable Supplier or other individual or entity performing or to the performance of the Work or of any standard, furnishing any of the Work under a direct or indirect specification,manual or code,or of any instruction contract with OWNER: (i) shall not have or acquire any of any Supplier, CONTRACTOR shall report it to title to or ownership rights in any of the Drawings, ENGINEER in writing at once. CONTRACTOR Specifications, or other documents (or copies of any shall not proceed with the Work affected thereby thereof)prepared by or bearing the seal of ENGINEER or (except in an emergency as required by paragraph ENGINEER'S Consultant, including electronic media 6.16.A) until an amendment or supplement to the editions; and (ii) shall not reuse any of such Drawings, Contract Documents has been issued by one of the Specifications, other documents, or copies thereof on methods indicated in paragraph 3.04; provided, extensions of the Project or any other project without however,that CONTRACTOR shall not be liable to written consent of OWNER and ENGINEER and specific OWNER or ENGINEER for failure to report any written verification or adaption by ENGINEER. This 00700- 11 prohibition will survive final payment, completion, and Underground Facilities) that ENGINEER has used acceptance of the Work, or termination or completion of in preparing the Contract Documents. the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract B. Limited Reliance by CONTRACTOR on Technical Documents for record purposes. 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 ARTICLE 4-AVAILABILITY OF LANDS; Contract Documents. Such"technical data"is identified in SUBSURFACE AND PHYSICAL CONDITIONS; the Supplementary Conditions. Except for such reliance on REFERENCE POINTS such"technical data,"CONTRACTOR may not rely upon or make any Claim against OWNER,ENGINEER,or any of ENGINEER'S Consultants with respect to: 4.01 Availability of Lands 1. the completeness of such reports and A. OWNER shall furnish the Site. OWNER shall drawings for CONTRACTOR'S purposes, includ- notify CONTRACTOR of any encumbrances or restrictions ing, but not limited to, any aspects of the means, not of general application but specifically related to use of methods, techniques, sequences, and procedures of the Site with which CONTRACTOR must comply in construction to be employed by CONTRACTOR, performing the Work. OWNER will obtain in a timely and safety precautions and programs incident manner and pay for easements for permanent structures or thereto;or permanent changes in existing facilities. If CON- TRACTOR and OWNER are unable to agree on entitle- 2. other data, interpretations, opinions,and ment to or on the amount or extent, if any,of any adjust- information contained in such reports or shown or ment in the Contract Price or Contract Times,or both,as a indicated in such drawings;or result of any delay in OWNER'S furnishing the Site, CONTRACTOR may make a Claim therefore as provided 3. any CONTRACTOR interpretation of or in paragraph 10.05. conclusion drawn from any"technical data"or any such other data, interpretations, opinions, or infor- B. Upon reasonable written request, OWNER shall mation. furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the 4.03 Differing Subsurface or Physical Conditions Work is to be performed and OWNER'S interest therein as necessary for giving notice of or filing a mechanic's or A. Notice: If CONTRACTOR believes that any construction lien against such lands in accordance with subsurface or physical condition at or contiguous to the Site applicable Laws and Regulations. that is uncovered or revealed either: C. CONTRACTOR shall provide for all additional I. is of such a nature as to establish that any lands and access thereto that may be required for temporary "technical data" on which CONTRACTOR is construction facilities or storage of materials and equip- entitled to rely as provided in paragraph 4.02 is ment. materially inaccurate;or 4.02 Subsurface and Physical Conditions 2. is of such a nature as to require a change in the Contract Documents;or A. Reports and Drawings: The Supplementary Conditions identify: 3. differs materially from that shown or indicated in the Contract Documents;or 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site 4. is of an unusual nature, and differs materially from that ENGINEER has used in preparing the Contract conditions ordinarily encountered and generally recognized Documents;and as inherent in work of the character provided for in the Contract Documents; 2. those drawings of physical conditions in or relating to existing surface or subsurface struc- then CONTRACTOR shall,promptly after becoming aware tures at or contiguous to the Site (except thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection 00700-12 therewith(except in an emergency as required by paragraph c. CONTRACTOR failed to give the 6.16.A),notify OWNER and ENGINEER in writing about written notice within the time and as required by such condition. CONTRACTOR shall not further disturb paragraph 4.03.A. such condition or perform any Work in connection therewith(except as aforesaid)until receipt of written order 3. If OWNER and CONTRACTOR are to do so. unable to agree on entitlement to or on the amount or extent,if any, of any adjustment in the Contract B. ENGINEERS Review: After receipt of written Price or Contract Times, or both, a Claim may be notice as required by paragraph 4.03.A, ENGINEER will made therefore as provided in paragraph 10.05. promptly review the pertinent condition, determine the However, OWNER, ENGINEER, and necessity of OWNER'S obtaining additional exploration or ENGINEER'S Consultants shall not be liable to tests with respect thereto, and advise OWNER in writing CONTRACTOR for any claims, costs, losses, or (with a copy to CONTRACTOR) of ENGINEER'S damages (including but not limited to all fees and findings and conclusions. charges of engineers,architects,attorneys,and other professionals and all court or arbitration or other C. Possible Price and Times Adjustments dispute resolution costs) sustained by CONTRACTOR on or in connection with any other 1. The Contract Price or the Contract project or anticipated project. Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface 4.04 Underground Facilities or physical condition causes an increase or decrease in CONTRACTOR'S cost of, or time required for, A. Shown or Indicated: The information and data performance of the Work; subject,however, to the shown or indicated in the Contract Documents with respect following: to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER a. such condition must meet any one or or ENGINEER by the owners of such Underground Facili- more of the categories described in paragraph ties, including OWNER, or by others. Unless it is 4.03.A;and otherwise expressly provided in the Supplementary Condi- tions: b.with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract 1. OWNER and ENGINEER shall not be Price will be subject to the provisions of para- responsible for the accuracy or completeness of any graphs 9.08 and 11.03. such information or data;and 2. CONTRACTOR shall not be entitled to 2. the cost of all of the following will be any adjustment in the Contract Price or Contract included in the Contract Price,and CONTRACTOR Times if: shall have full responsibility for: a. CONTRACTOR knew of the existence a. reviewing and checking all such of such conditions at the time CONTRACTOR information and data, made a final commitment to OWNER in respect of Contract Price and Contract Times by the b. locating all Underground Facilities submission of a Bid or becoming bound under a shown or indicated in the Contract Documents, negotiated contract;or c. coordination of the Work with the b.the existence of such condition could owners of such Underground Facilities, reasonably have been discovered or revealed as including OWNER,during construction,and a result of any examination,investigation,explo- ration, test, or study of the Site and contiguous d. the safety and protection of all such areas required by the Bidding Requirements or Underground Facilities and repairing any Contract Documents to be conducted by or for damage thereto resulting from the Work. CONTRACTOR prior to CONTRACTOR'S making such final commitment;or B. Not Shown or Indicated 00700-13 1. If an Underground Facility is uncovered or property monuments by professionally qualified or revealed at or contiguous to the Site which was personnel. not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract 4.06 Hazardous Environmental Condition at Site Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further A. Reports and Drawings: Reference is made to the disturbing conditions affected thereby or performing Supplementary Conditions for the identification of those any Work in connection therewith (except in an reports and drawings relating to a Hazardous emergency as required by paragraph 6.16.A), Environmental Condition identified at the Site, if any,that identify the owner of such Underground Facility have been utilized by the ENGINEER in the preparation of and give written notice to that owner and to the Contract Documents. OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and B. Limited Reliance by CONTRACTOR on Technical determine the extent, if any, to which a change is Data Authorized: CONTRACTOR may rely upon the required in the Contract Documents to reflect and general accuracy of the"technical data"contained in such document the consequences of the existence or reports and drawings,but such reports and drawings are not location of the Underground Facility. During such Contract Documents. Such"technical data"is identified in time, CONTRACTOR shall be responsible for the the Supplementary Conditions. Except for such reliance on safety and protection of such Underground Facility. such"technical data,"CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER'S Consultants with respect to: 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work 1. the completeness of such reports and Change Directive or a Change Order will be issued drawings for CONTRACTOR'S purposes, to reflect and document such consequences. An including, but not limited to, any aspects of the equitable adjustment shall be made in the Contract means, methods, techniques, sequences and Price of Contract Times,or both,to the extent that procedures of construction to be employed by they are attributable to the existence or location of CONTRACTOR and safety precautions and any Underground Facility that was not shown or programs incident thereto;or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that 2. other data, interpretations, opinions and CONTRACTOR did not know of and could not information contained in such reports or shown or reasonably have been expected to be aware of or to indicated in such drawings;or have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the 3. any CONTRACTOR interpretation of or amount or extent,if any,of any such adjustment in conclusion drawn from any"technical data"or any Contract Price or Contract Times, OWNER or such other data, interpretations, opinions or CONTRACTOR may make a Claim therefor as information. provided in paragraph 10.05. C. CONTRACTOR shall not be responsible for any 4.05 Reference Points Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings A. OWNER shall provide engineering surveys to or Specifications or identified in the Contract Documents to establish reference points for construction which in be within the scope of the Work. CONTRACTOR shall be ENGINEER'S judgment are necessary to enable CON- responsible for a Hazardous Environmental Condition TRACTOR to proceed with the Work. CONTRACTOR created with any materials brought to the Site by CON- shall be responsible for laying out the Work, shall protect TRACTOR, Subcontractors, Suppliers, or anyone else for and preserve the established reference points and property whom CONTRACTOR is responsible. monuments, and shall make no changes or relocations without the prior written approval of OWNER. D. If CONTRACTOR encounters a Hazardous CONTRACTOR shall report to ENGINEER whenever any Environmental Condition or if CONTRACTOR or anyone reference point or property monument is lost or destroyed for whom CONTRACTOR is responsible creates a or requires relocation because of necessary changes in Hazardous Environmental Condition, CONTRACTOR grades or locations, and shall be responsible for the shall immediately: (i) secure or otherwise isolate such accurate replacement or relocation of such reference points condition; (ii) stop all Work in connection with such 00700- 14 condition and in any area affected thereby (except in an 4.06.E shall obligate OWNER to indemnify any individual emergency as required by paragraph 6.16); and(iii)notify or entity from and against the consequences of that OWNER and ENGINEER (and promptly thereafter individual's or entity's own negligence. confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for H. To the fullest extent permitted by Laws and OWNER to retain a qualified expert to evaluate such condi- Regulations, CONTRACTOR shall indemnify and hold tion or take corrective action,if any. harmless OWNER, ENGINEER, ENGINEER'S Consul- tants, and the officers, directors, partners, employees, E. CONTRACTOR shall not be required to resume agents, other consultants, and subcontractors of each and Work in connection with such condition or in any affected any of them from and against all claims,costs,losses,and area until after OWNER has obtained any required permits damages (including but not limited to all fees and charges related thereto and delivered to CONTRACTOR written of engineers, architects, attorneys, and other professionals notice: (i) specifying that such condition and any affected and all court or arbitration or other dispute resolution costs) area is or has been rendered safe for the resumption of arising out of or relating to a Hazardous Environmental Work;or(ii)specifying any special conditions under which Condition created by CONTRACTOR or by anyone for such Work may be resumed safely. If OWNER and whom CONTRACTOR is responsible. Nothing in this CONTRACTOR cannot agree as to entitlement to or on the paragraph 4.06.F shall obligate CONTRACTOR to amount or extent, if any, of any adjustment in Contract indemnify any individual or entity from and against the Price or Contract Times,or both,as a result of such Work consequences of that individual's or entity's own negli- stoppage or such special conditions under which Work is gence. agreed to be resumed by CONTRACTOR,either party may make a Claim therefore as provided in paragraph 10.05. I. The provisions of paragraphs 4.02,4.03,and 4.04 are not intended to apply to a Hazardous Environmental F. If after receipt of such written notice Condition uncovered or revealed at the Site. 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 ARTICLE 5-BONDS AND INSURANCE 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 5.01 Performance,Payment,and Other Bonds entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result A. CONTRACTOR shall furnish performance and of deleting such portion of the Work,then either party may payment Bonds, each in an amount at least equal to the make a Claim therefore as provided in paragraph 10.05. Contract Price as security for the faithful performance and OWNER may have such deleted portion of the Work payment of all CONTRACTOR'S obligations under the performed by OWNER'S own forces or others in accor- Contract Documents. These Bonds shall remain in effect at dance with Article 7. least until one year after the date when final payment becomes due, except as provided otherwise by Laws or G. To the fullest extent permitted by Laws and Regulations or by the Contract Documents. CONTRAC- Regulations, OWNER shall indemnify and hold harmless TOR shall also furnish such other Bonds as are required by CONTRACTOR, Subcontractors, ENGINEER, the Contract Documents. ENGINEER'S Consultants and the officers, directors, partners, employees, agents, other consultants, and B. All Bonds shall be in the form prescribed by the subcontractors of each and any of them from and against all Contract Documents except as provided otherwise by Laws claims, costs, losses, and damages (including but not or Regulations, and shall be executed by such sureties as limited to all fees and charges of engineers, architects, are named in the current list of "Companies lIolding attorneys, and other professionals and all court or Certificates of Authority as Acceptable Sureties on Federal arbitration or other dispute resolution costs)arising out of Bonds and as Acceptable Reinsuring Companies"as pub- or relating to a Hazardous Environmental Condition, lished in Circular 570 (amended) by the Financial provided that such Hazardous Environmental Condition: Management Service, Surety Bond Branch, U.S. (i) was not shown or indicated in the Drawings or Department of the Treasury. All Bonds signed by an agent Specifications or identified in the Contract Documents to be must be accompanied by a certified copy of such agent's included within the scope of the Work, and (ii) was not authority to act. created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 00700- 15 C. If the surety on any Bond furnished by CON- 2. claims for damages because of bodily TRACTOR is declared bankrupt or becomes insolvent or injury,occupational sickness or disease,or death of its right to do business is terminated in any state where any CONTRACTOR'S employees; part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall 3. claims for damages because of bodily within 20 days thereafter substitute another Bond and injury, sickness or disease, or death of any person surety,both of which shall comply with the requirements of other than CONTRACTOR'S employees; paragraphs 5.01.B and 5.02. 4. claims for damages insured by 5.02 Licensed Sureties and Insurers reasonablyavailable personal injury liability coverage which are sustained:(i)by any person as a A. All Bonds and insurance required by the Contract result of an offense directly or indirectly related to Documents to be purchased and maintained by OWNER or the employment of such person by CONTRACTOR shall be obtained from surety or insurance CONTRACTOR,or(ii)by any other person for any companies that are duly licensed or authorized in the other reason; jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. 5. claims for damages, other than to the Such surety and insurance companies shall also meet such Work itself,because of injury to or destruction of additional requirements and qualifications as may be tangible property wherever located, including loss provided in the Supplementary Conditions. of use resulting therefrom;and 5.03 Certificates of Insurance 6. claims for damages because of bodily injury or death of any person or property damage A. CONTRACTOR shall deliver to OWNER, with arising out of the ownership,maintenance or use of copies to each additional insured identified in the Supple- any motor vehicle. mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other B. The policies of insurance so required by this additional insured) which CONTRACTOR is required to paragraph 5.04 to be purchased and maintained shall: purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured 1. with respect to insurance required by identified in the Supplementary Conditions, certificates of paragraphs 5.04.A.3 through 5.04.A.6 inclusive, insurance (and other evidence of insurance requested by include as additional insureds (subject to any CONTRACTOR or any other additional insured) which customary exclusion in respect of professional OWNER is required to purchase and maintain. liability) OWNER, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities 5.04 CONTRACTOR'S Liability Insurance identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and A. CONTRACTOR shall purchase and maintain such include coverage for the respective officers, liability and other insurance as is appropriate for the Work directors, partners, employees, agents, and other being performed and as will provide protection from claims consultants and subcontractors of each and any of set forth below which may arise out of or result from all such additional insureds, and the insurance CONTRACTOR'S performance of the Work and afforded to these additional insureds shall provide CONTRACTOR'S other obligations under the Contract primary coverage for all claims covered thereby; Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by 2. include at least the specific coverages anyone directly or indirectly employed by any of them to and be written for not less than the limits of liability perform any of the Work,or by anyone for whose acts any provided in the Supplementary Conditions or of them may be liable: required by Laws or Regulations, whichever is greater; 1. claims under workers' compensation, disability benefits, and other similar employee 3. include completed operations insurance; benefit acts; 4. include contractual liability insurance covering CONTRACTOR'S indemnity obligations under paragraphs 6.07,6.11,and 6.20; 00700-16 them,each of whom is deemed to have an insurable 5. contain a provision or endorsement that interest and shall be listed as an additional insured; the coverage afforded will not be canceled,materi- 2. be written on a Builder's Risk"all-risk" ally changed or renewal refused until at least thirty or open peril or special causes of loss policy form days prior written notice has been given to OWNER that shall at least include insurance for physical loss and CONTRACTOR and to each other additional or damage to the Work,temporary buildings, false insured identified in the Supplementary Conditions work, and materials and equipment in transit, and to whom a certificate of insurance has been issued shall insure against at least the following perils or (and the certificates of insurance furnished by the causes of loss: fire, lightning, extended coverage, CONTRACTOR pursuant to paragraph 5.03 will so theft,vandalism and malicious mischief,earthquake, provide); collapse,debris removal,demolition occasioned by enforcement of Laws and Regulations, water dam- 6. remain in effect at least until fmal age,and such other perils or causes of loss as may payment and at all times thereafter when CON- be specifically required by the Supplementary TRACTOR may be correcting,removing,or replac- Conditions; ing defective Work in accordance with paragraph 13.07;and 3. include expenses incurred in the repair or replacement of any insured property(including but 7. with respect to completed operations not limited to fees and charges of engineers and insurance, and any insurance coverage written on a architects); claims-made basis,remain in effect for at least two years after final payment (and CONTRACTOR 4. cover materials and equipment stored at shall furnish OWNER and each other additional the Site or at another location that was agreed to in insured identified in the Supplementary Conditions, writing by OWNER prior to being incorporated in to whom a certificate of insurance has been issued, the Work,provided that such materials and equip- evidence satisfactory to OWNER and any such ment have been included in an Application for additional insured of continuation of such insurance Payment recommended by ENGINEER; at final payment and one year thereafter). 5. allow for partial utilization of the Work 5.05 OWNER'S Liability Insurance by OWNER; A. In addition to the insurance required to be provid- 6. include testing and startup;and ed by CONTRACTOR under paragraph 5.04,OWNER,at OWNER'S option, may purchase and maintain at 7. be maintained in effect until final pay- OWNER'S expense OWNER'S own liability insurance as ment is made unless otherwise agreed to in writing will protect OWNER against claims which may arise from by OWNER, CONTRACTOR, and ENGINEER operations under the Contract Documents. with 30 days written notice to each other additional insured to whom a certificate of insurance has been 5.06 Property Insurance issued. A. Unless otherwise provided in the Supplementary B. OWNER shall purchase and maintain such boiler Conditions,OWNER shall purchase and maintain property and machinery insurance or additional property insurance insurance upon the Work at the Site in the amount of the as may be required by the Supplementary Conditions or full replacement cost thereof(subject to such deductible Laws and Regulations which will include the interests of amounts as may be provided in the Supplementary OWNER, CONTRACTOR, Subcontractors, ENGINEER, Conditions or required by Laws and Regulations). This ENGINEER'S Consultants, and any other individuals or insurance shall: entities identified in the Supplementary Conditions,each of whom is deemed to have an insurable interest and shall be 1. include the interests of OWNER, CON- listed as an insured or additional insured. TRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other C. All the policies of insurance(and the certificates individuals or entities identified in the or other evidence thereof) required to be purchased and Supplementary Conditions, and the officers, maintained in accordance with paragraph 5.06 will contain directors, partners, employees, agents, and other a provision or endorsement that the coverage afforded will consultants and subcontractors of each and any of not be canceled or materially changed or renewal refused 00700-17 until at least 30 days prior written notice has been given to (and the officers,directors,partners,employees,agents,and OWNER and CONTRACTOR and to each other additional other consultants and subcontractors of each and any of insured to whom a certificate of insurance has been issued them) under such policies for losses and damages so and will contain waiver provisions in accordance with caused. None of the above waivers shall extend to the paragraph 5.07. rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or other- D. OWNER shall not be responsible for purchasing wise payable under any policy so issued. and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, B. OWNER waives all rights against Subcontractors,or others in the Work to the extent of any CONTRACTOR, Subcontractors, ENGINEER, deductible amounts that are identified in the Supplementary ENGINEER'S Consultants, and the officers, directors, Conditions. The risk of loss within such identified partners, employees, agents, and other consultants and deductible amount will be borne by CONTRACTOR, subcontractors of each and any of them for: Subcontractors,or others suffering any such loss,and if any of them wishes property insurance coverage within the 1. loss due to business interruption,loss of limits of such amounts,each may purchase and maintain it use, or other consequential loss extending beyond at the purchaser's own expense. direct physical loss or damage to OWNER'S property or the Work caused by, arising out of, or E. If CONTRACTOR requests in writing that other resulting from fire or other peril whether or not special insurance be included in the property insurance insured by OWNER;and policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will 2. loss or damage to the completed Project be charged to CONTRACTOR by appropriate Change or part thereof caused by,arising out of,or resulting Order or Written Amendment. Prior to commencement of from fire or other insured peril or cause of loss the Work at the Site, OWNER shall in writing advise covered by any property insurance maintained on CONTRACTOR whether or not such other insurance has the completed Project or part thereof by OWNER been procured by OWNER. during partial utilization pursuant to paragraph 14.05, after Substantial Completion pursuant to 5.07 Waiver of Rights paragraph 14.04,or after final payment pursuant to paragraph 14.07. A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will C. Any insurance policy maintained by OWNER protect OWNER, CONTRACTOR, Subcontractors, covering any loss,damage or consequential loss referred to ENGINEER, ENGINEER'S Consultants, and all other in paragraph 5.07.B shall contain provisions to the effect individuals or entities identified in the Supplementary that in the event of payment of any such loss,damage,or Conditions to be listed as insureds or additional insureds consequential loss, the insurers will have no rights of (and the officers,directors,partners,employees,agents,and recovery against CONTRACTOR, Subcontractors, other consultants and subcontractors of each and any of ENGINEER, or ENGINEER'S Consultants and the them) in such policies and will provide primary coverage officers, directors, partners, employees, agents, and other for all losses and damages caused by the perils or causes of consultants and subcontractors of each and any of them. loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any 5.08 Receipt and Application of Insurance Proceeds loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds A. Any insured loss under the policies of insurance thereunder. OWNER and CONTRACTOR waive all rights required by paragraph 5.06 will be adjusted with OWNER against each other and their respective officers, directors, and made payable to OWNER as fiduciary for the insureds, partners, employees, agents, and other consultants and as their interests may appear,subject to the requirements of subcontractors of each and any of them for all losses and any applicable mortgage clause and of paragraph 5.08.B. damages caused by,arising out of or resulting from any of OWNER shall deposit in a separate account any money so the perils or causes of loss covered by such policies and any received and shall distribute it in accordance with such other property insurance applicable to the Work; and, in agreement as the parties in interest may reach. If no other addition, waive all such rights against Subcontractors, special agreement is reached, the damaged Work shall be ENGINEER, ENGINEER'S Consultants, and all other repaired or replaced, the moneys so received applied on individuals or entities identified in the Supplementary account thereof,and the Work and the cost thereof covered Conditions to be listed as insureds or additional insureds by an appropriate Change Order or Written Amendment. 00700-18 B. OWNER as fiduciary shall have power to adjust ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 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 6.01 Supervision and Superintendence power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with A. CONTRACTOR shall supervise, inspect, and such agreement as the parties in interest may reach. If no direct the Work competently and efficiently,devoting such such agreement among the parties in interest is reached, attention thereto and applying such skills and expertise as OWNER as fiduciary shall adjust and settle the loss with may be necessary to perform the Work in accordance with the insurers and, if required in writing by any party in the Contract Documents. CONTRACTOR shall be solely interest, OWNER as fiduciary shall give bond for the responsible for the means,methods,techniques,sequences, proper performance of such duties. and procedures of construction,but CONTRACTOR shall not be responsible for the negligence of OWNER or 5.09 Acceptance of Bonds and Insurance;Option to ENGINEER in the design or specification of a specific Replace means, method, technique, sequence, or procedure of constriction which is shown or indicated in and expressly A. If either OWNER or CONTRACTOR has any required by the Contract Documents. CONTRACTOR objection to the coverage afforded by or other provisions of shall be responsible to see that the completed Work the Bonds or insurance required to be purchased and complies accurately with the Contract Documents. maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract B. At all times during the progress of the Work, Documents, the objecting party shall so notify the other CONTRACTOR shall assign a competent resident superin- party in writing within 10 days after receipt of the tendent thereto who shall not be replaced without written certificates (or other evidence requested) required by notice to OWNER and ENGINEER except under paragraph 2.05.C. OWNER and CONTRACTOR shall extraordinary circumstances. The superintendent will be each provide to the other such additional information in CONTRACTOR'S representative at the Site and shall have respect of insurance provided as the other may reasonably authority to act on behalf of CONTRACTOR. All request. If either party does not purchase or maintain all of communications given to or received from the superin- the Bonds and insurance required of such party by the Con- tendent shall be binding on CONTRACTOR. tract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the 6.02 Labor; Working Hours Work,or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right A. CONTRACTOR shall provide competent, or remedy, the other party may elect to obtain equivalent suitably qualified personnel to survey, lay out, and Bonds or insurance to protect such other party's interests at construct the Work as required by the Contract Documents. the expense of the party who was required to provide such CONTRACTOR shall at all times maintain good discipline coverage,and a Change Order shall be issued to adjust the and order at the Site. Contract Price accordingly. B. Except as otherwise required for the safety or 5.10 Partial Utilization,Acknowledgment of Property protection of persons or the Work or property at the Site or Insurer adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be A. If OWNER finds it necessary to occupy or use a performed during regular working hours, and CON- portion or portions of the Work prior to Substantial TRACTOR will not permit overtime work or the Completion of all the Work as provided in paragraph 14.05, performance of Work on Saturday, Sunday, or any legal no such use or occupancy shall commence before the holiday without OWNER'S written consent(which will not insurers providing the property insurance pursuant to be unreasonably withheld) given after prior written notice paragraph 5.06 have acknowledged notice thereof and in to ENGINEER. writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance 6.03 Services,Materials, and Equipment shall consent by endorsement on the policy or policies,but the property insurance shall not be canceled or permitted to A. Unless otherwise specified in the General Re- lapse on account of any such partial use or occupancy. quirements,CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, 00700- 19 transportation, construction equipment and machinery, Suppliers may be submitted to ENGINEER for review tools,appliances,fuel,power,light,heat,telephone,water, under the circumstances described below. sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, 1. "Or-Equal"Items: If in ENGINEER'S testing,start-up,and completion of the Work. sole discretion an item of material or equipment pro- posed by CONTRACTOR is functionally equal to B. All materials and equipment incorporated into the that named and sufficiently similar so that no Work shall be as specified or, if not specified, shall be of change in related Work will be required,it may be good quality and new,except as otherwise provided in the considered by ENGINEER as an"or-equal"item,in Contract Documents. All warranties and guarantees which case review and approval of the proposed specifically called for by the Specifications shall expressly item may, in ENGINEER'S sole discretion, be run to the benefit of OWNER. If required by ENGINEER, accomplished without compliance with some or all CONTRACTOR shall furnish satisfactory evidence of the requirements for approval of proposed substi- (including reports of required tests) as to the source,kind, tute items. For the purposes of this paragraph and quality of materials and equipment. All materials and 6.05.A.1,a proposed item of material or equipment equipment shall be stored, applied, installed, connected, will be considered functionally equal to an item so erected, protected, used, cleaned, and conditioned in named if: accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- a. in the exercise of reasonable judgment ments. ENGINEER determines that: (i) it is at least equal in quality,durability,appearance,strength, 6.04 Progress Schedule and design characteristics; (ii) it will reliably perform at least equally well the function A. CONTRACTOR shall adhere to the progress imposed by the design concept of the completed schedule established in accordance with paragraph 2.07 as Project as a functioning whole,and; it may be adjusted from time to time as provided below. b. CONTRACTOR certifies that:(i)there is 1. CONTRACTOR shall submit to ENGI- no increase in cost to the OWNER; and(ii) it NEER for acceptance (to the extent indicated in will conform substantially,even with deviations, paragraph 2.07)proposed adjustments in the prog- to the detailed requirements of the item named ress schedule that will not result in changing the in the Contract Documents. Contract Times(or Milestones). Such adjustments will conform generally to the progress schedule then 2. Substitute Items in effect and additionally will comply with any provisions of the General Requirements applicable a. If in ENGINEER'S sole discretion an thereto. item of material or equipment proposed by CONTRACTOR does not qualify as an 2. Proposed adjustments in the progress "or-equal" item under paragraph 6.05.A.1, it schedule that will change the Contract Times (or will be considered a proposed substitute item. Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments b. CONTRACTOR shall submit sufficient may only be made by a Change Order or Written information as provided below to allow ENGI- Amendment in accordance with Article 12. NEER to determine that the item of material or equipment proposed is essentially equivalent to 6.05 Substitutes and"Or-Equals" that named and an acceptable substitute therefore. Requests for review of proposed A. Whenever an item of material or equipment is substitute items of material or equipment will specified or described in the Contract Documents by using not be accepted by ENGINEER from anyone the name of a proprietary item or the name of a particular other than CONTRACTOR. Supplier, the specification or description is intended to establish the type, function, appearance, and quality c. The procedure for review by ENGI- required. Unless the specification or description contains NEER will be as set forth in paragraph or is followed by words reading that no like,equivalent,or 6.05.A.2.d, as supplemented in the General "or-equal"item or no substitution is permitted,other items Requirements and as ENGINEER may decide is of material or equipment or material or equipment of other appropriate under the circumstances. 00700-20 proposal or submittal made pursuant to paragraphs 6.05.A d. CONTRACTOR shall first make written and 6.05.B. ENGINEER will be the sole judge of accept- application to ENGINEER for review of a ability. No "or-equal" or substitute will be ordered, proposed substitute item of material or installed or utilized until ENGINEER'S review is complete, equipment that CONTRACTOR seeks to furnish which will be evidenced by either a Change Order for a or use. The application shall certify that the substitute or an approved Shop Drawing for an"or equal." proposed substitute item will perform ade- ENGINEER will advise CONTRACTOR in writing of any quately the functions and achieve the results negative determination. called for by the general design, be similar in substance to that specified, and be suited to the D. Special Guarantee: OWNER may require CON- same use as that specified. The application will TRACTOR to furnish at CONTRACTOR'S expense a state the extent, if any, to which the use of the special performance guarantee or other surety with respect proposed substitute item will prejudice to any substitute. CONTRACTOR'S achievement of Substantial Completion on time, whether or not use of the E. ENGINEER'S Cost Reimbursement: ENGINEER proposed substitute item in the Work will re- will record time required by ENGINEER and quire a change in any of the Contract Docu- ENGINEER'S Consultants in evaluating substitute mcnts (or in the provisions of any other direct proposed or submitted by CONTRACTOR pursuant to contract with OWNER for work on the Project) paragraphs 6.05.A.2 and 6.05.B and in making changes in to adapt the design to the proposed substitute the Contract Documents(or in the provisions of any other item and whether or not incorporation or use of direct contract with OWNER for work on the Project) the proposed substitute item in connection with occasioned thereby. Whether or not ENGINEER approves the Work is subject to payment of any license a substitute item so proposed or submitted by CON- fee or royalty. All variations of the proposed TRACTOR,CONTRACTOR shall reimburse OWNER for substitute item from that specified will be identi- the charges of ENGINEER and ENGINEER'S Consultants tied in the application, and available for evaluating each such proposed substitute. engineering, sales, maintenance, repair, and replacement services will be indicated. The F. CONTRACTOR'S Expense: CONTRACTOR application will also contain an itemized esti- shall provide all data in support of any proposed substitute mate of all costs or credits that will result or"or-equal"at CONTRACTOR'S expense. directly or indirectly from use of such substitute item, including costs of redesign and claims of 6.06 Concerning Subcontractors, Suppliers, and other contractors affected by any resulting Others change, all of which will be considered by ENGINEER in evaluating the proposed A. CONTRACTOR shall not employ any Subcon- substitute item. ENGINEER may require CON- tractor, Supplier, or other individual or entity (including TRACTOR to furnish additional data about the those acceptable to OWNER as indicated in paragraph proposed substitute item. 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CON- B. Substitute Construction Methods or Procedures: TRACTOR shall not be required to employ any Sub- If a specific means, method, technique, sequence, or contractor,Supplier,or other individual or entity to furnish procedure of construction is shown or indicated in and or perform any of the Work against whom expressly required by the Contract Documents, CON- CONTRACTOR has reasonable objection. TRACTOR may furnish or utilize a substitute means,meth- od, technique, sequence, or procedure of construction B. If the Supplementary Conditions require the approved by ENGINEER. CONTRACTOR shall submit identity of certain Subcontractors, Suppliers, or other sufficient information to allow ENGINEER, in individuals or entities to be submitted to OWNER in ENGINEER'S sole discretion, to determine that the advance for acceptance by OWNER by a specified date substitute proposed is equivalent to that expressly called for prior to the Effective Date of the Agreement, and if by the Contract Documents. The procedure for review by CONTRACTOR has submitted a list thereof in accordance ENGINEER will be similar to that provided in subpara- with the Supplementary Conditions,OWNER'S acceptance graph 6.05.A.2. (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in C. ENGINEER'S Evaluation: ENGINEER will be the Bidding Documents or the Contract Documents)of any allowed a reasonable time within which to evaluate each such Subcontractor, Supplier, or other individual or entity 00700-21 so identified may be revoked on thc basis of reasonable TOR and the Subcontractor or Supplier will contain objection after due investigation. CONTRACTOR shall provisions whereby the Subcontractor or Supplier waives submit an acceptable replacement for the rejected all rights against OWNER,CONTRACTOR,ENGINEER, Subcontractor, Supplier, or other individual or entity, and ENGINEER'S Consultants, and all other individuals or the Contract Price will be adjusted by the difference in the entities identified in the Supplementary Conditions to be cost occasioned by such replacement, and an appropriate listed as insureds or additional insureds (and the officers, Change Order will be issued or Written Amendment directors,partners,employees,agents,and other consultants signed. No acceptance by OWNER of any such Subcon- and subcontractors of each and any of them)for all losses tractor, Supplier, or other individual or entity, whether and damages caused by, arising out of, relating to, or initially or as a replacement,shall constitute a waiver of any resulting from any of the perils or causes of loss covered by right of OWNER or ENGINEER to reject defective Work. such policies and any other property insurance applicable to the Work. If the insurers on any such policies require C. CONTRACTOR shall be fully responsible to separate waiver forms to be signed by any Subcontractor or OWNER and ENGINEER for all acts and omissions of the Supplier,CONTRACTOR will obtain the same. Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as 6.07 Patent Fees and Royalties CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents A. CONTRACTOR shall pay all license fees and shall create for the benefit of any such Subcontractor, royalties and assume all costs incident to the use in the Supplier, or other individual or entity any contractual performance of the Work or the incorporation in the Work relationship between OWNER or ENGINEER and any of any invention,design,process,product,or device which such Subcontractor, Supplier or other individual or entity, is the subject of patent rights or copyrights held by others. nor shall it create any obligation on the part of OWNER or If a particular invention,design,process,product,or device ENGINEER to pay or to see to the payment of any moneys is specified in the Contract Documents for use in the due any such Subcontractor,Supplier,or other individual or performance of the Work and if to the actual knowledge of entity except as may otherwise be required by Laws and OWNER or ENGINEER its use is subject to patent rights Regulations. or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be D. CONTRACTOR shall be solely responsible for disclosed by OWNER in the Contract Documents. To the scheduling and coordinating the Work of Subcontractors, fullest extent permitted by Laws and Regulations, Suppliers, and other individuals or entities performing or CONTRACTOR shall indemnify and hold harmless furnishing any of the Work under a direct or indirect OWNER, ENGINEER, ENGINEER'S Consultants, and contract with CONTRACTOR. the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against E. CONTRACTOR shall require all Subcontractors, all claims, costs, losses, and damages (including but not Suppliers,and such other individuals or entities performing limited to all fees and charges of engineers, architects, or furnishing any of the Work to communicate with ENGI- attorneys, and other professionals and all court or NEER through CONTRACTOR. arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or F. The divisions and sections of the Specifications copyrights incident to the use in the performance of the and the identifications of any Drawings shall not control Work or resulting from the incorporation in the Work of CONTRACTOR in dividing the Work among Subcon- any invention, design, process, product, or device not tractors or Suppliers or delineating the Work to be specified in the Contract Documents. performed by any specific trade. 6.08 Permits G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appro- A. Unless otherwise provided in the Supplementary priate agreement between CONTRACTOR and the Conditions, CONTRACTOR shall obtain and pay for all Subcontractor or Supplier which specifically binds the construction permits and licenses. OWNER shall assist Subcontractor or Supplier to the applicable terms and CONTRACTOR, when necessary, in obtaining such conditions of the Contract Documents for the benefit of permits and licenses. CONTRACTOR shall pay all OWNER and ENGINEER. Whenever any such agreement governmental charges and inspection fees necessary for the is with a Subcontractor or Supplier who is listed as an prosecution of the Work which are applicable at the time of additional insured on the property insurance provided in opening of Bids, or, if there are no Bids,on the Effective paragraph 5.06, the agreement between the CONTRAC- Date of the Agreement. CONTRACTOR shall pay all 00700-22 charges of utility owners for connections to the Work,and materials or equipment. CONTRACTOR shall OWNER shall pay all charges of such utility owners for assume full responsibility for any damage to any capital costs related thereto,such as plant investment fees. such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting 6.09 Laws and Regulations from the performance of the Work. A. CONTRACTOR shall give all notices and comply 2. Should any claim be made by any such with all Laws and Regulations applicable to the owner or occupant because of the performance of performance of the Work. Except where otherwise the Work, CONTRACTOR shall promptly settle expressly required by applicable Laws and Regulations, with such other party by negotiation or otherwise neither OWNER nor ENGINEER shall be responsible for resolve the claim by arbitration or other dispute monitoring CONTRACTOR'S compliance with any Laws resolution proceeding or at law. or Regulations. 3. To the fullest extent permitted by Laws B. If CONTRACTOR performs any Work knowing and Regulations, CONTRACTOR shall indemnify or having reason to know that it is contrary to Laws or and hold harmless OWNER, ENGINEER, Regulations, CONTRACTOR shall bear all claims, costs, ENGINEER'S Consultant, and the officers, losses, and damages (including but not limited to all fees directors, partners, employees, agents, and other and charges of engineers, architects, attorneys, and other consultants of each and any of them from and professionals and all court or arbitration or other dispute against all claims, costs, losses, and damages resolution costs) arising out of or relating to such Work; (including but not limited to all fees and charges of however, it shall not be CONTRACTOR'S primary engineers, architects, attorneys, and other responsibility to make certain that the Specifications and professionals and all court or arbitration or other Drawings are in accordance with Laws and Regulations, dispute resolution costs)arising out of or relating to but this shall not relieve CONTRACTOR of any claim or action, legal or equitable,brought by CONTRACTOR'S obligations under paragraph 3.03. any such owner or occupant against OWNER, ENGINEER, or any other party indemnified C. Changes in Laws or Regulations not known at the hereunder to the extent caused by or based upon time of opening of Bids(or, on the Effective Date of the CONTRACTOR'S performance of the Work. Agreement if there were no Bids)having an effect on the cost or time of performance of the Work may be the subject B. Removal of Debris During Performance of the of an adjustment in Contract Price or Contract Times. If Work: During the progress of the Work CONTRACTOR OWNER and CONTRACTOR are unable to agree on shall keep the Site and other areas free from accumulations entitlement to or on the amount or extent, if any, of any of waste materials,rubbish,and other debris. Removal and such adjustment,a Claim may be made therefor as provided disposal of such waste materials,rubbish,and other debris in paragraph 10.05. shall conform to applicable Laws and Regulations. 6.10 Taxes C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it A. CONTRACTOR shall pay all sales, consumer, ready for utilization by OWNER. At the completion of the use, and other similar taxes required to be paid by Work CONTRACTOR shall remove from the Site all tools, CONTRACTOR in accordance with the Laws and appliances, construction equipment and machinery, and Regulations of the place of the Project which are applicable surplus materials and shall restore to original condition all during the performance of the Work. property not designated for alteration by the Contract Documents. 6.11 Use of Site and Other Areas D. Loading Structures: CONTRACTOR shall not A. Limitation on Use of Site and Other Areas load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall 1. CONTRACTOR shall confine CONTRACTOR subject any part of the Work or adjacent construction equipment,the storage of materials and property to stresses or pressures that will endanger it. 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 00700-23 6.12 Record Documents Consultant,or anyone employed by any of them,or anyone for whose acts any of them may be liable, and not A. CONTRACTOR shall maintain in a safe place at attributable,directly or indirectly,in whole or in part,to the the Site one record copy of all Drawings, Specifications, fault or negligence of CONTRACTOR or any Addenda, Written Amendments, Change Orders, Work Subcontractor, Supplier, or othcr individual or entity Change Directives,Field Orders,and written interpretations directly or indirectly employed by any of them). and clarifications in good order and annotated to show CONTRACTOR'S duties and responsibilities for safety changes made during construction. These record and for protection of the Work shall continue until such documents together with all approved Samples and a time as all the Work is completed and ENGINEER has counterpart of all approved Shop Drawings will be issued a notice to OWNER and CONTRACTOR in available to ENGINEER for reference. Upon completion accordance with paragraph 14.07.B that the Work is accept- of the Work, these record documents, Samples, and Shop able(except as otherwise expressly provided in connection Drawings will be delivered to ENGINEER for OWNER. with Substantial Completion). 6.13 Safety and Protection 6.14 Safety Representative A. CONTRACTOR shall be solely responsible for A. CONTRACTOR shall designate a qualified and initiating, maintaining and supervising all safety precau- experienced safety representative at the Site whose duties tions and programs in connection with the Work. and responsibilities shall be the prevention of accidents and CONTRACTOR shall take all necessary precautions for the the maintaining and supervising of safety precautions and safety of, and shall provide the necessary protection to programs. prevent damage,injury or loss to: 6.15 Hazard Communication Programs 1. all persons on the Site or who may be affected by the Work; A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other 2. all the Work and materials and equip- hazard communication information required to be made merit to be incorporated therein,whether in storage available to or exchanged between or among employers at on or off the Site;and the Site in accordance with Laws or Regulations. 3. other property at the Site or adjacent 6.16 Emergencies thereto,including trees,shrubs,lawns,walks,pave- ments, roadways, structures, utilities, and Under- A. In emergencies affecting the safety or protection ground Facilities not designated for removal,reloca- of persons or the Work or property at the Site or adjacent tion,or replacement in the course of construction. thereto, CONTRACTOR is obligated to act to prevent threatened damage,injury, or loss. CONTRACTOR shall B. CONTRACTOR shall comply with all applicable give ENGINEER prompt written notice if CONTRACTOR Laws and Regulations relating to the safety of persons or believes that any significant changes in the Work or property, or to the protection of persons or property from variations from the Contract Documents have been caused damage, injury, or loss; and shall erect and maintain all thereby or are required as a result thereof. If ENGINEER necessary safeguards for such safety and protection. determines that a change in the Contract Documents is CONTRACTOR shall notify owners of adjacent property required because of the action taken by CONTRACTOR in and of Underground Facilities and other utility owners response to such an emergency,a Work Change Directive when prosecution of the Work may affect them,and shall or Change Order will be issued. cooperate with them in the protection,removal,relocation, and replacement of their property. All damage, injury,or 6.17 Shop Drawings and Samples 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, A. CONTRACTOR shall submit Shop Drawings to by CONTRACTOR, any Subcontractor, Supplier, or any ENGINEER for review and approval in accordance with other individual or entity directly or indirectly employed by the acceptable schedule of Shop Drawings and Sample any of them to perform any of the Work, or anyone for submittals. All submittals will be identified as ENGINEER whose acts any of them may be liable,shall be remedied by may require and in the number of copies specified in the CONTRACTOR(except damage or loss attributable to the General Requirements. The data shown on the Shop fault of Drawings or Specifications or to the acts or Drawings will be complete with respect to quantities, omissions of OWNER or ENGINEER or ENGINEER'S dimensions, specified performance and design criteria, 00700-24 materials, and similar data to show ENGINEER the satisfied CONTRACTOR'S obligations under the services, materials, and equipment CONTRACTOR Contract Documents with respect to proposes to provide and to enable ENGINEER to review CONTRACTOR'S review and approval of that the information for the limited purposes required by submittal. paragraph 6.17.E. 3. At the time of each submittal, CON- B. CONTRACTOR shall also submit Samples to TRACTOR shall give ENGINEER specific written ENGINEER for review and approval in accordance with notice of such variations, if any, that the Shop the acceptable schedule of Shop Drawings and Sample Drawing or Sample submitted may have from the submittals. Each Sample will be identified clearly as to requirements of the Contract Documents, such material,Supplier,pertinent data such as catalog numbers, notice to be in a written communication separate and the use for which intended and otherwise as ENGI- from the submittal; and, in addition, shall cause a NEER may require to enable ENGINEER to review the specific notation to be made on each Shop Drawing submittal for the limited purposes required by paragraph and Sample submitted to ENGINEER for review 6.17.E. The numbers of each Sample to be submitted will and approval of each such variation. be as specified in the Specifications. E. ENGINEER'S Review C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings 1. ENGINEER will timely review and and Sample submittals acceptable to ENGINEER as approve Shop Drawings and Samples in accordance required by paragraph 2.07, any related Work performed with the schedule of Shop Drawings and Sample prior to ENGINEER'S review and approval of the pertinent submittals acceptable to ENGINEER. submittal will be at the sole expense and responsibility of ENGINEER'S review and approval will be only to CONTRACTOR. determine if the items covered by the submittals will,after installation or incorporation in the Work, D. Submittal Procedures conform to the information given in the Contract Documents and be compatible with the design 1. Before submitting each Shop Drawing or concept of the completed Project as a functioning Sample,CONTRACTOR shall have determined and whole as indicated by the Contract Documents. verified: 2. ENGINEER'S review and approval will a. all field measurements, quantities, not extend to means, methods, techniques, dimensions, specified performance criteria, sequences, or procedures of construction (except installation requirements, materials, catalog where a particular means, method, technique, numbers, and similar information with respect sequence, or procedure of construction is thereto; specifically and expressly called for by the Contract Documents) or to safety precautions or programs b. all materials with respect to intended use, incident thereto. The review and approval of a fabrication, shipping, handling, storage, assem- separate item as such will not indicate approval of bly, and installation pertaining to the perfor- the assembly in which the item functions. mance of the Work; 3. ENGINEER'S review and approval of c. all information relative to means, meth- Shop Drawings or Samples shall not relieve CON- ods, techniques, sequences, and procedures of TRACTOR from responsibility for any variation construction and safety precautions and from the requirements of the Contract Documents programs incident thereto;and unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at d. CONTRACTOR shall also have the time of each submittal as required by paragraph reviewed and coordinated each Shop Drawing 6.17.D.3 and ENGINEER has given written or Sample with other Shop Drawings and approval of each such variation by specific written Samples and with the requirements of the Work notation thereof incorporated in or accompanying and the Contract Documents. the Shop Drawing or Sample approval;nor will any approval by ENGINEER relieve CONTRACTOR 2. Each submittal shall bear a stamp or from responsibility for complying with the require- specific written indication that CONTRACTOR has ments of paragraph 6.17.D.1. 00700-25 3. the issuance of a certificate of Substantial F. Resubmittal Procedures Completion by ENGINEER or any payment related thereto by OWNER; 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the 4. use or occupancy of the Work or any required number of corrected copies of Shop part thereof by OWNER; Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct 5. any acceptance by OWNER or any specific attention in writing to revisions other than failure to do so; the corrections called for by ENGINEER on previ- ous submittals. 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a 6.18 Continuing the Work notice of acceptability by ENGINEER; A. CONTRACTOR shall carry on the Work and 7. any inspection, test, or approval by adhere to the progress schedule during all disputes or others;or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or 8. any correction of defective Work by disagreements, except as permitted by paragraph 15.04 or OWNER. as OWNER and CONTRACTOR may otherwise agree in writing. 6.20 Indemnification 6.19 CONTRACTOR'S General Warranty and A. To the fullest extent permitted by Laws and Guarantee Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consul- A. CONTRACTOR warrants and guarantees to tants, and the officers, directors, partners, employees, OWNER, ENGINEER, and ENGINEER'S Consultants agents, and other consultants and subcontractors of each that all Work will be in accordance with the Contract Docu- and any of them from and against all claims,costs,losses, ments and will not be defective. CONTRACTOR'S and damages (including but not limited to all fees and warranty and guarantee hereunder excludes defects or charges of engineers, architects, attorneys, and other damage caused by: professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the perfor- 1. abuse, modification, or improper main- mance of the Work, provided that any such claim, cost, tenance or operation by persons other than CON- loss,or damage: TRACTOR,Subcontractors,Suppliers,or any other individual or entity for whom CONTRACTOR is 1. is attributable to bodily injury, sickness, responsible;or disease, or death, or to injury to or destruction of tangible property (other than the Work itself), 2. normal wear and tear under normal including the loss of use resulting therefrom;and usage. 2. is caused in whole or in part by any B. CONTRACTOR'S obligation to perform and negligent act or omission of CONTRACTOR, any complete the Work in accordance with the Contract Subcontractor, any Supplier, or any individual or Documents shall be absolute. None of the following will entity directly or indirectly employed by any of constitute an acceptance of Work that is not in accordance them to perform any of the Work or anyone for with the Contract Documents or a release of whose acts any of them may be liable,regardless of CONTRACTOR'S obligation to perform the Work in whether or not caused in part by any negligence or accordance with the Contract Documents: omission of an individual or entity indemnified hereunder or whether liability is imposed upon such 1. observations by ENGINEER; indemnified party by Laws and Regulations regard- less of the negligence of any such individual or 2. recommendation by ENGINEER or pay- entity. ment by OWNER of any progress or final payment B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, 00700-26 officers,directors,partners,or employees by any employee utility owner(and OWNER, if OWNER is performing the (or the survivor or personal representative of such other work with OWNER'S employees) proper and safe employee) of CONTRACTOR, any Subcontractor, any access to the Site and a reasonable opportunity for the Supplier, or any individual or entity directly or indirectly introduction and storage of materials and equipment and employed by any of them to perform any of the Work, or the execution of such other work and shall properly anyone for whose acts any of them may be liable, the coordinate the Work with theirs. Unless otherwise indemnification obligation under paragraph 6.20.A shall provided in the Contract Documents, CONTRACTOR not be limited in any way by any limitation on the amount shall do all cutting, fitting, and patching of the Work that or type of damages, compensation, or benefits payable by may be required to properly connect or otherwise make its or for CONTRACTOR or any such Subcontractor,Suppli- several parts come together and properly integrate with er, or other individual or entity under workers' compen- such other work. CONTRACTOR shall not endanger any sation acts,disability benefit acts,or other employee benefit work of others by cutting,excavating,or otherwise altering acts. their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work C. The indemnification obligations of CONTRAC- will be affected. The duties and responsibilities of TOR under paragraph 6.20.A shall not extend to the CONTRACTOR under this paragraph are for the benefit of liability of ENGINEER and ENGINEER'S Consultants or such utility owners and other contractors to the extent that to the officers, directors,partners, employees, agents, and there are comparable provisions for the benefit of other consultants and subcontractors of each and any of CONTRACTOR in said direct contracts between OWNER them arising out of: and such utility owners and other contractors. 1. the preparation or approval of, or the C. If the proper execution or results of any part of failure to prepare or approve, maps, Drawings, CONTRACTOR'S Work depends upon work performed opinions,reports,surveys, Change Orders,designs, by others under this Article 7, CONTRACTOR shall or Specifications;or inspect such other work and promptly report to ENGI- NEER in writing any delays, defects, or deficiencies in 2. giving directions or instructions, or such other work that render it unavailable or unsuitable for failing to give them,if that is the primary cause of the proper execution and results of CONTRACTOR'S the injury or damage. 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 ARTICLE 7-OTHER WORK except for latent defects and deficiencies in such other work. 7.01 Related Work at Site 7.02 Coordination A. OWNER may perform other work related to the A. If OWNER intends to contract with others for the Project at the Site by OWNER'S employees, or let other performance of other work on the Project at the Site,the direct contracts therefor,or have other work performed by following will be set forth in Supplementary Conditions: utility owners. If such other work is not noted in the Con- tract Documents,then: 1. the individual or entity who will have authority and responsibility for coordination of the 1. written notice thereof will be given to activities among the various contractors will be CONTRACTOR prior to starting any such other identified; work;and 2. the specific matters to be covered by 2. if OWNER and CONTRACTOR are such authority and responsibility will be itemized; unable to agree on entitlement to or on the amount and or extent,if any,of any adjustment in the Contract Price or Contract Times that should be allowed as a 3. the extent of such authority and responsi- result of such other work, a Claim may be made bilities will be provided. therefor as provided in paragraph 10.05. B. Unless otherwise provided in the Supplementary B. CONTRACTOR shall afford each other Conditions,OWNER shall have sole authority and respon- contractor who is a party to such a direct contract and each sibility for such coordination. 00700-27 8.08 Inspections, Tests,and Approvals ARTICLE 8-OWNER'S RESPONSIBILITIES A. OWNER'S responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.01 Communications to Contractor 8.09 Limitations on OWNER'S Responsibilities A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to A. The OWNER shall not supervise, direct,or have CONTRACTOR through ENGINEER, control or authority over, nor be responsible for, CONTRACTOR'S means,methods,techniques,sequences, 8.02 Replacement of ENGINEER or procedures of construction,or the safety precautions and programs incident thereto, or for any failure of CON- A. In case of termination of the employment of TRACTOR to comply with Laws and Regulations applica- ENGINEER,OWNER shall appoint an engineer to whom ble to the performance of the Work. OWNER will not be CONTRACTOR makes no reasonable objection, whose responsible for CONTRACTOR'S failure to perform the status under the Contract Documents shall be that of the Work in accordance with the Contract Documents. former ENGINEER. 8.10 Undisclosed Hazardous Environmental 8.03 Furnish Data Condition A. OWNER shall promptly furnish the data required A. OWNER'S responsibility in respect to an undis- of OWNER under the Contract Documents. closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.04 Pay Promptly When Due 8.11 Evidence of Financial Arrangements A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in A. If and to the extent OWNER has agreed to furnish paragraphs 14.02.0 and 14.07.C. CONTRACTOR reasonable evidence that fmancial arrangements have been made to satisfy OWNER'S 8.05 Lands and Easements;Reports and Tests obligations under the Contract Documents, OWNER'S responsibility in respect thereof will be as set forth in the A. OWNER'S duties in respect of providing lands Supplementary Conditions. 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 ARTICLE 9-ENGINEER'S STATUS DURING and making available to CONTRACTOR copies of reports CONSTRUCTION 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 9.01 OWNERS Representative that have been utilized by ENGINEER in preparing the Contract Documents. A. ENGINEER will be OWNER'S representative during the construction period. The duties and responsi- 8.06 Insurance bilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth A. OWNER'S responsibilities, if any, in respect to in the Contract Documents and will not be changed without purchasing and maintaining liability and property insurance written consent of OWNER and ENGINEER. are set forth in Article 5. 9.02 Visits to Site 8.07 Change Orders A. ENGINEER will make visits to the Site at inter- A. OWNER is obligated to execute Change Orders as vals appropriate to the various stages of construction as indicated in paragraph 10.03. 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 00700-28 CONTRACTOR'S executed Work. Based on information or interpretation,a Claim may be made therefor as provided obtained during such visits and observations,ENGINEER, in paragraph 10.05. for the benefit of OWNER,will determine,in general,if the Work is proceeding in accordance with the Contract 9.05 Authorized Variations in Work Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check A. ENGINEER may authorize minor variations in the the quality or quantity of the Work ENGINEER'S efforts Work from the requirements of the Contract Documents will be directed toward providing for OWNER a greater which do not involve an adjustment in the Contract Price or degree of confidence that the completed Work will conform the Contract Times and are compatible with the design generally to the Contract Documents. On the basis of such concept of the completed Project as a functioning whole as visits and observations, ENGINEER will keep OWNER indicated by the Contract Documents. These may be informed of the progress of the Work and will endeavor to accomplished by a Field Order and will be binding on guard OWNER against defective Work. OWNER and also on CONTRACTOR,who shall perform the Work involved promptly. If OWNER and CONTRAC- B. ENGINEER'S visits and observations are subject TOR are unable to agree on entitlement to or on the amount to all the limitations on ENGINEER'S authority and or extent,if any,of any adjustment in the Contract Price or responsibility set forth in paragraph 9.10,and particularly, Contract Times, or both, as a result of a Field Order, a but without limitation, during or as a result of Claim may be made therefore as provided in paragraph ENGINEER'S visits or observations of CONTRACTOR'S 10.05. Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for 9.06 Rejecting Defective Work CONTRACTOR'S means,methods,techniques,sequences, or procedures of construction,or the safety precautions and A. ENGINEER will have authority to disapprove or programs incident thereto, or for any failure of reject Work which ENGINEER believes to be defective,or CONTRACTOR to comply with Laws and Regulations that ENGINEER believes will not produce a completed applicable to the performance of the Work. Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the 9.03 Project Representative completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have A. If OWNER and ENGINEER agree, ENGINEER authority to require special inspection or testing of the will furnish a Resident Project Representative to assist Work as provided in paragraph 13.04, whether or not the ENGINEER in providing more extensive observation of the Work is fabricated,installed,or completed. Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and 9.07 Shop Drawings,Change Orders and Payments assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another A. In connection with ENGINEER'S authority as to representative or agent to represent OWNER at the Site Shop Drawings and Samples,see paragraph 6.17. who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of B. In connection with ENGINEER'S authority as to such other individual or entity will be as provided in the Change Orders,see Articles 10,11,and 12. Supplementary Conditions. C. In connection with ENGINEER'S authority as to 9.04 Clarifications and Interpretations Applications for Payment,see Article 14. A. ENGINEER will issue with reasonable prompt- 9.08 Determinations for Unit Price Work ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGINEER A. ENGINEER will determine the actual quantities may determine necessary, which shall be consistent with and classifications of Unit Price Work performed by the intent of and reasonably inferable from the Contract CONTRACTOR. ENGINEER will review with CON- Documents. Such written clarifications and interpretations TRACTOR the ENGINEER'S preliminary determinations will be binding on OWNER and CONTRACTOR. If on such matters before rendering a written decision thereon OWNER and CONTRACTOR are unable to agree on (by recommendation of an Application for Payment or entitlement to or on the amount or extent, if any, of any otherwise). ENGINEER'S written decision thereon will be adjustment in the Contract Price or Contract Times,or both, final and binding (except as modified by ENGINEER to that should be allowed as a result of a written clarification reflect changed factual conditions or more accurate data) 00700-29 upon OWNER and CONTRACTOR, subject to the perform the Work in accordance with the Contract provisions of paragraph 10.05. Documents. 9.09 Decisions on Requirements of Contract C. ENGINEER will not be responsible for the acts or Documents and Acceptability of Work omissions of CONTRACTOR or of any Subcontractor,any Supplier, or of any other individual or entity performing A. ENGINEER will be the initial interpreter of the any of the Work. requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims,disputes and D. ENGINEER'S review of the final Application for other matters relating to the acceptability of the Work,the Payment and accompanying documentation and all mainte- quantities and classifications of Unit Price Work, the nance and operating instructions, schedules, guarantees, interpretation of the requirements of the Contract Bonds, certificates of inspection, tests and approvals, and Documents pertaining to the performance of the Work,and other documentation required to be delivered by paragraph Claims seeking changes in the Contract Price or Contract 14.07.A will only be to determine generally that their Times will be referred initially to ENGINEER in writing,in content complies with the requirements of, and in the case accordance with the provisions of paragraph 10.05,with a of certificates of inspections, tests, and approvals that the request for a formal decision. results certified indicate compliance with, the Contract Documents. B. When functioning as interpreter and judge under this paragraph 9.09,ENGINEER will not show partiality to E. The limitations upon authority and responsibility OWNER or CONTRACTOR and will not be liable in set forth in this paragraph 9.10 shall also apply to connection with any interpretation or decision rendered in ENGINEER'S Consultants, Resident Project Repre- good faith in such capacity. The rendering of a decision by sentative,and assistants. ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim,dispute,or other matter(except any which ARTICLE 10-CHANGES IN THE WORK;CLAIMS have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or 10.01 Authorized Changes in the Work CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws A. Without invalidating the Agreement and without or Regulations in respect of any such Claim, dispute, or notice to any surety, OWNER may, at any time or from other matter. time to time,order additions,deletions,or revisions in the Work by a Written Amendment, a Change Order, or a 9.10 Limitations on ENGINEER'S Authority and Work Change Directive. Upon receipt of any such Responsibilities document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the A. Neither ENGINEER'S authority or responsibility applicable conditions of the Contract Documents(except as under this Article 9 or under any other provision of the otherwise specifically provided). Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise B. If OWNER and CONTRACTOR are unable to such authority or responsibility or the undertaking, agree on entitlement to,or on the amount or extent,if any, exercise,or performance of any authority or responsibility of an adjustment in the Contract Price or Contract Times,or by ENGINEER shall create, impose, or give rise to any both,that should be allowed as a result of a Work Change duty in contract,tort,or otherwise owed by ENGINEER to Directive, a Claim may be made therefor as provided in CONTRACTOR, any Subcontractor, any Supplier, any paragraph 10.05. other individual or entity,or to any surety for or employee 10.02 Unauthorized Changes in the Work or agent of any of them. B. ENGINEER will not supervise,direct,control,or A. CONTRACTOR shall not be entitled to an have authority over or be responsible for increase in the Contract Price or an extension of the CONTRACTOR'S means,methods,techniques,sequences, Contract Times with respect to any work performed that is or procedures of construction,or the safety precautions and not required by the Contract Documents as amended, programs incident thereto, or for any failure of modified,or supplemented as provided in paragraph 3.04, CONTRACTOR to comply with Laws and Regulations except in the case of an emergency as provided in applicable to the performance of the Work. ENGINEER paragraph 6.16 or in the case of uncovering Work as will not be responsible for CONTRACTOR'S failure to provided in paragraph 13.04,B. 00700-30 support of such Claim,dispute,or other matter). A Claim 10.03 Execution of Change Orders for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A A. OWNER and CONTRACTOR shall execute Claim for an adjustment in Contract Time shall be prepared appropriate Change Orders recommended by ENGINEER in accordance with the provisions of paragraph 12.02.B. (or Written Amendments)covering: Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire 1. changes in the Work which are: (i) adjustment to which the claimant believes it is entitled as a ordered by OWNER pursuant to paragraph 10.01.A, result of said event. The opposing party shall submit any (ii) required because of acceptance of defective response to ENGINEER and the claimant within 30 days Work under paragraph 13.08.A or OWNER'S after receipt of the claimant's last submittal (unless correction of defective Work under paragraph ENGINEER allows additional time). 13.09,or(iii)agreed to by the parties; B. ENGINEER'S Decision: ENGINEER will render 2. changes in the Contract Price or Contract a formal decision in writing within 30 days after receipt of Times which are agreed to by the parties,including the last submittal of the claimant or the last submittal of the any undisputed sum or amount of time for Work opposing party,if any. ENGINEER'S written decision on actually performed in accordance with a Work such Claim, dispute, or other matter will be final and Change Directive;and binding upon OWNER and CONTRACTOR unless: 3. changes in the Contract Price or Contract 1. an appeal from ENGINEER'S decision Times which embody the substance of any written is taken within the time limits and in accordance decision rendered by ENGINEER pursuant to para- with the dispute resolution procedures set forth in graph 10.05;provided that,in lieu of executing any Article 16;or such Change Order, an appeal may be taken from any such decision in accordance with the provisions 2. if no such dispute resolution procedures of the Contract Documents and applicable Laws and have been set forth in Article 16,a written notice of Regulations, but during any such appeal, intention to appeal from ENGINEER'S written CONTRACTOR shall cany on the Work and decision is delivered by OWNER or CONTRAC- adhere to the progress schedule as provided in TOR to the other and to ENGINEER within 30 days paragraph 6.18.A. after the date of such decision, and a formal proceeding is instituted by the appealing party in a 10.04 Notification to Surety forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after A. If notice of any change affecting the general scope Substantial Completion, whichever is later (unless of the Work or the provisions of the Contract Documents otherwise agreed in writing by OWNER and (including, but not limited to, Contract Price or Contract CONTRACTOR), to exercise such rights or Times) is required by the provisions of any Bond to be remedies as the appealing party may have with given to a surety, the giving of any such notice will be respect to such Claim, dispute, or other matter in CONTRACTOR'S responsibility. The amount of each accordance with applicable Laws and Regulations. applicable Bond will be adjusted to reflect the effect of any such change. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a 10.05 Claims and Disputes decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last A. Notice: Written notice stating the general nature submittal of the claimant or the last submittal of the of each Claim,dispute,or other matter shall be delivered by opposing party,if any. the claimant to ENGINEER and the other party to the Contract promptly(but in no event later than 30 days)after D. No Claim for an adjustment in Contract Price or the start of the event giving rise thereto. Notice of the Contract Times (or Milestones) will be valid if not amount or extent of the Claim,dispute,or other matter with submitted in accordance with this paragraph 10.05. 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 00700-31 ARTICLE 11 -COST OF THE WORK;CASH ALLOWANCES;UNIT PRICE WORK 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- 11.01 Cost of the Work TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- A. Costs Included: The term Cost of the Work TRACTOR and shall deliver such bids to OWNER, means the sum of all costs necessarily incurred and paid by who will then determine,with the advice of ENGI- CONTRACTOR in the proper performance of the Work. NEER, which bids, if any, will be acceptable. If When the value of any Work covered by a Change Order or any subcontract provides that the Subcontractor is to when a Claim for an adjustment in Contract Price is be paid on the basis of Cost of the Work plus a fee, determined on the basis of Cost of the Work,the costs to be the SubCONTRACTOR'S Cost of the Work and reimbursed to CONTRACTOR will be only those fee shall be determined in the same manner as additional or incremental costs required because of the CONTRACTOR'S Cost of the Work and fee as change in the Work or because of the event giving rise to provided in this paragraph 11.01. the Claim. Except as otherwise may be agreed to in writing by OWNER,such costs shall be in amounts no higher than 4. Costs of special consultants (including those prevailing in the locality of the Project,shall include but not limited to engineers, architects, testing only the following items, and shall not include any of the laboratories, surveyors, attorneys, and accountants) costs itemized in paragraph 11.O1.B. employed for services specifically related to the Work. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of 5. Supplemental costs including the the Work under schedules of job classifications following: agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation a.The proportion of necessary transportation, superintendents, foremen, and other personnel travel, and subsistence expenses of employed full time at the Site. Payroll costs for CONTRACTOR'S employees incurred in discharge employees not employed full time on the Work shall of duties connected with the Work. be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be b. Cost, including transportation and main- limited to,salaries and wages plus the cost of fringe tenance, of all materials, supplies, equipment, benefits, which shall include social security machinery,appliances,office,and temporary facili- contributions, unemployment, excise, and payroll ties at the Site, and hand tools not owned by the taxes,workers'compensation,health and retirement workers,which are consumed in the performance of benefits, bonuses, sick leave, vacation and holiday the Work,and cost,less market value,of such items pay applicable thereto. The expenses of performing used but not consumed which remain the property Work outside of regular working hours, on of CONTRACTOR. Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by c. Rentals of all construction equipment OWNER. and machinery,and the parts thereof whether rented from CONTRACTOR or others in accordance with 2. Cost of all materials and equipment fur- rental agreements approved by OWNER with the nished and incorporated in the Work, including advice of ENGINEER, and the costs of costs of transportation and storage thereof, and transportation, loading, unloading, assembly, Suppliers' field services required in connection dismantling, and removal thereof. All such costs therewith. All cash discounts shall accrue to shall be in accordance with the terms of said rental CONTRACTOR unless OWNER deposits funds agreements. The rental of any such equipment,ma- with CONTRACTOR with which to make pay- chinery,or parts shall cease when the use thereof is merits,in which case the cash discounts shall accrue no longer necessary for the Work. to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials d. Sales, consumer, use, and other similar and equipment shall accrue to OWNER, and taxes related to the Work, and for which CON- CONTRACTOR shall make provisions so that they TRACTOR is liable, imposed by Laws and Regu- may be obtained. lations. 00700-32 other personnel employed by CONTRACTOR, e. Deposits lost for causes other than negli- whether at the Site or in CONTRACTOR'S princi- gence of CONTRACTOR, any Subcontractor, or pal or branch office for general administration of the anyone directly or indirectly employed by any of Work and not specifically included in the agreed them or for whose acts any of them may be liable, upon schedule of job classifications referred to in and royalty payments and fees for permits and paragraph 11.01.A.1 or specifically covered by licenses. paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the f. Losses and damages (and related CONTRACTOR'S fee. expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained 2. Expenses of CONTRACTOR'S princi- by CONTRACTOR in connection with the perfor- pal and branch offices other than mance of the Work (except losses and damages CONTRACTOR'S office at the Site. within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), 3. Any part of CONTRACTOR'S capital provided such losses and damages have resulted expenses, including interest on CONTRACTOR'S from causes other than the negligence of capital employed for the Work and charges against CONTRACTOR, any Subcontractor, or anyone CONTRACTOR for delinquent payments. directly or indirectly employed by any of them or for whose acts any of them may be liable. Such 4. Costs due to the negligence of CON- losses shall include settlements made with the TRACTOR, any Subcontractor, or anyone directly written consent and approval of OWNER. No such or indirectly employed by any of them or for whose losses, damages, and expenses shall be included in acts any of them may be liable, including but not the Cost of the Work for the purpose of determining limited to, the correction of defective Work, CONTRACTOR'S fee. disposal of materials or equipment wrongly supplied,and making good any damage to property. g. The cost of utilities, fuel, and sanitary facilities at the Site. 5. Other overhead or general expense costs of any kind and the costs of any item not h. Minor expenses such as telegrams, long specifically and expressly included in paragraphs distance telephone calls, telephone service at the 11.01.A and 11.01.B. Site, expressage, and similar petty cash items in connection with the Work. C. CONTRACTOR'S Fee: When all the Work is performed on the basis of cost-plus,CONTRACTOR'S fee i. When the Cost of the Work is used to shall be determined as set forth in the Agreement. When determine the value of a Change Order or of a the value of any Work covered by a Change Order or when Claim, the cost of premiums for additional Bonds a Claim for an adjustment in Contract Price is determined and insurance required because of the changes in the on the basis of Cost of the Work,CONTRACTOR'S fee Work or caused by the event giving rise to the shall be determined as set forth in paragraph 12.01.C. Claim. D. Documentation: Whenever the Cost of the Work j.When all the Work is performed on the basis for any purpose is to be determined pursuant to paragraphs of cost-plus, the costs of premiums for all Bonds 11.01.A and 11.01.B, CONTRACTOR will establish and and insurance CONTRACTOR is required by thc maintain records thereof in accordance with generally Contract Documents to purchase and maintain. accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown B. Costs Excluded:The term Cost of the Work shall together with supporting data. not include any of the following items: 11.02 Cash Allowances 1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals A. It is understood that CONTRACTOR has inelud- (of partnerships and sole proprietorships), general ed in the Contract Price all allowances so named in the managers, engineers, architects, estimators, attor- Contract Documents and shall cause the Work so covered neys, auditors, accountants, purchasing and con- to be performed for such sums as may be acceptable to tracting agents,expediters,timekeepers,clerks,and OWNER and ENGINEER. CONTRACTOR agrees that: 00700-33 3. if CONTRACTOR believes that 1. the allowances include the cost to CON- CONTRACTOR is entitled to an increase in TRACTOR(less any applicable trade discounts)of Contract Price as a result of having incurred addi- materials and equipment required by the allowances tional expense or OWNER believes that OWNER is to be delivered at the Site,and all applicable taxes; entitled to a decrease in Contract Price and the and parties are unable to agree as to the amount of any such increase or decrease. 2. CONTRACTOR'S costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated ARTICLE 12-CHANGE OF CONTRACT PRICE; for the allowances have been included in the CHANGE OF CONTRACT TIMES Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 12.01 Change of Contract Price B. Prior to final payment, an appropriate Change A. The Contract Price may only be changed by a Order will be issued as recommended by ENGINEER to Change Order or by a Written Amendment. Any Claim for reflect actual amounts due CONTRACTOR on account of an adjustment in the Contract Price shall be based on Work covered by allowances,and the Contract Price shall written notice submitted by the party making the Claim to be correspondingly adjusted. the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. 11.03 Unit Price Work B. The value of any Work covered by a Change A. Where the Contract Documents provide that all or Order or of any Claim for an adjustment in the Contract part of the Work is to be Unit Price Work, initially the Price will be determined as follows: Contract Price will be deemed to include for all Unit Price 1. where the Work involved is covered by Work an amount equal to the sum of the unit price for each unit prices contained in the Contract Documents,by separately identified item of Unit Price Work times the application of such unit prices to the quantities of estimated quantity of each item as indicated in the Agree- the items involved (subject to the provisions of ment. The estimated quantities of items of Unit Price Work paragraph 11.03);or are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract 2. where the Work involved is not covered Price. Determinations of the actual quantities and by unit prices contained in the Contract Documents, classifications of Unit Price Work performed by by a mutually agreed lump sum(which may include CONTRACTOR will be made by ENGINEER subject to an allowance for overhead and profit not necessarily the provisions of paragraph 9.08. in accordance with paragraph 12.01.C.2);or B. Each unit price will be deemed to include an 3. where the Work involved is not covered amount considered by CONTRACTOR to be adequate to by unit prices contained in the Contract Documents cover CONTRACTOR'S overhead and profit for each and agreement to a lump sum is not reached under separately identified item. paragraph 12.01.B.2,on the basis of the Cost of the Work(determined as provided in paragraph 11.01) C. OWNER or CONTRACTOR may make a Claim plus a CONTRACTOR'S fee for overhead and for an adjustment in the Contract Price in accordance with profit (determined as provided in paragraph paragraph 10.05 if: 12.01.C). 1. the quantity of any item of Unit Price C. CONTRACTOR'S Fee: The CONTRACTOR'S Work performed by CONTRACTOR differs mate- fee for overhead and profit shall be determined as follows: rially and significantly from the estimated quantity of such item indicated in the Agreement;and 1. a mutually acceptable fixed fee;or 2. there is no corresponding adjustment 2. if a fixed fee is not agreed upon,then a with respect any other item of Work;and fee based on the following percentages of the various portions of the Cost of the Work: 00700-34 a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the 12.03 Delays Beyond CONTRACTOR'S Control CONTRACTOR'S fee shall be 15 percent; A. Where CONTRACTOR is prevented from b. for costs incurred under paragraph completing any part of the Work within the Contract Times 11.01.A.3, the CONTRACTOR'S fee shall be (or Milestones) due to delay beyond the control of five percent; CONTRACTOR, the Contract Times (or Milestones)will be extended in an amount equal to the time lost due to such c. where one or more tiers of subcon- delay if a Claim is made therefore as provided in paragraph tracts are on the basis of Cost of the Work plus a 12.02.A. Delays beyond the control of CONTRACTOR fee and no fixed fee is agreed upon,the intent of shall include, but not be limited to, acts or neglect by paragraph 12.01.C.2.a is that the Subcontractor OWNER, acts or neglect of utility owners or other who actually performs the Work, at whatever contractors performing other work as contemplated by tier,will be paid a fee of 15 percent of the costs Article 7, fires, floods, epidemics, abnormal weather incurred by such Subcontractor under conditions,or acts of God. paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CON- 12.04 Delays Within CONTRACTOR'S Control TRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier A. The Contract Times (or Milestones) will not be Subcontractor; extended due to delays within the control of CONTRACTOR. Delays attributable to and within the d. no fee shall be payable on the basis of control of a Subcontractor or Supplier shall be deemed to costs itemized under paragraphs 11.01.A.4, be delays within the control of CONTRACTOR. 11.01.A.5,and 11.01.B; 12.05 Delays Beyond OWNER'S and CONTRACTOR'S e. the amount of credit to be allowed by Control CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the A. Where CONTRACTOR is prevented from amount of the actual net decrease in cost plus a completing any part of the Work within the Contract Times deduction in CONTRACTOR'S fee by an (or Milestones) due to delay beyond the control of both amount equal to five percent of such net OWNER and CONTRACTOR, an extension of the decrease;and Contract Times (or Milestones)in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole f. when both additions and credits are in- and exclusive remedy for such delay. volved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the 12.06 Delay Damages basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- A. In no event shall OWNER or ENGINEER be sive. liable to CONTRACTOR,any Subcontractor,any Supplier, or any other person or organization,or to any surety for or 12.02 Change of Contract Times employee or agent of any of them,for damages arising out of or resulting from: A. The Contract Times(or Milestones)may only be changed by a Change Order or by a Written Amendment. 1. delays caused by or within the control of Any Claim for an adjustment in the Contract Times (or CONTRACTOR;or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other 2. delays beyond the control of both party to the Contract in accordance with the provisions of OWNER and CONTRACTOR including but not paragraph 10.05. limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect B. Any adjustment of the Contract Times (or by utility owners or other contractors performing Milestones)covered by a Change Order or of any Claim for other work as contemplated by Article 7. an adjustment in the Contract Times(or Milestones)will be determined in accordance with the provisions of this B. Nothing in this paragraph 12.06 bars a change in Article 12. Contract Price pursuant to this Article 12 to compensate 00700-35 CONTRACTOR due to delay, interference, or disruption to be inspected, tested, or approved by an employee or directly attributable to actions or inactions of OWNER or other representative of such public body,CONTRACTOR anyone for whom OWNER is responsible. shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith,and furnish ENGINEER the required ARTICLE 13-TESTS AND INSPECTIONS; certificates of inspection or approval. CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connec- tion with any inspections, tests, or approvals required for 13.01 Notice of Defects OWNER'S and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work;or acceptance of A. Prompt notice of all defective Work of which materials, mix designs, or equipment submitted for OWNER or ENGINEER has actual knowledge will be approval prior to CONTRACTOR'S purchase thereof for given to CONTRACTOR. All defective Work may be incorporation in the Work. Such inspections, tests, or rejected, corrected, or accepted as provided in this approvals shall be performed by organizations acceptable to Article 13. OWNER and ENGINEER. 13.02 Access to Work E. If any Work(or the work of others)that is to be inspected, tested, or approved is covered by CONTRAC- A. OWNER, ENGINEER, ENGINEER'S Con- TOR without written concurrence of ENGINEER,it must, sultants, other representatives and personnel of OWNER, if requested by ENGINEER,be uncovered for observation. independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the F. Uncovering Work as provided in paragraph Site and the Work at reasonable times for their observation, 13.03.E shall be at CONTRACTOR'S expense unless inspecting, and testing. CONTRACTOR shall provide CONTRACTOR has given ENGINEER timely notice of them proper and safe conditions for such access and advise CONTRACTOR'S intention to cover the same and ENGI- them of CONTRACTOR'S Site safety procedures and NEER has not acted with reasonable promptness in programs so that they may comply therewith as applicable. response to such notice. 13.03 Tests and Inspections 13.04 Uncovering Work A. CONTRACTOR shall give ENGINEER timely A. If any Work is covered contrary to the written notice of readiness of the Work for all required inspections, request of ENGINEER, it must, if requested by ENGI- tests,or approvals and shall cooperate with inspection and NEER, be uncovered for ENGINEER'S observation and testing personnel to facilitate required inspections or tests. replaced at CONTRACTOR'S expense. B. OWNER shall employ and pay for the services of B. If ENGINEER considers it necessary or advisable an independent testing laboratory to perform all that covered Work be observed by ENGINEER or inspect- inspections, tests, or approvals required by the Contract ed or tested by others, CONTRACTOR, at ENGINEER'S Documents except: request,shall uncover,expose,or otherwise make available for observation, inspection,or testing as ENGINEER may 1. for inspections, tests, or approvals require,that portion of the Work in question,furnishing all covered by paragraphs 13.03.0 and 13.03.D below; necessary labor,material,and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all 2. that costs incurred in connection with Claims, costs, losses, and damages (including but not tests or inspections conducted pursuant to paragraph limited to all fees and charges of engineers, architects, 13.04.B shall be paid as provided in said paragraph attorneys, and other professionals and all court or 13.04.B;and arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, 3. as otherwise specifically provided in the inspection, and testing, and of satisfactory replacement or Contract Documents. reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER C. If Laws or Regulations of any public body having shall be entitled to an appropriate decrease in the Contract jurisdiction require any Work(or part thereof)specifically Price. If the parties are unable to agree as to the amount 00700-36 thereof,OWNER may make a Claim therefore as provided from the Project and replace it with Work that is not in paragraph 10.05.If,however,such Work is not found to defective,and(iii)satisfactorily correct or repair or remove be defective,CONTRACTOR shall be allowed an increase and replace any damage to other Work, to the work of in the Contract Price or an extension of the Contract Times others or other land or areas resulting therefrom. If (or Milestones), or both, directly attributable to such CONTRACTOR does not promptly comply with the terms uncovering, exposure, observation, inspection, testing, of such instructions,or in an emergency where delay would replacement,and reconstruction. If the parties are unable to cause serious risk of loss or damage, OWNER may have agree as to the amount or extent thereof,CONTRACTOR the defective Work corrected or repaired or may have the may make a Claim therefore as provided in paragraph rejected Work removed and replaced,and all Claims,costs, 10.05. losses, and damages (including but not limited to all fees 13.05 OWNER May Stop the Work and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute A. If the Work is defective,or CONTRACTOR fails resolution costs)arising out of or relating to such correction to supply sufficient skilled workers or suitable materials or or repair or such removal and replacement(including but equipment,or fails to perform the Work in such a way that not limited to all costs of repair or replacement of work of the completed Work will conform to the Contract others)will be paid by CONTRACTOR. Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof,until the cause for such B. In special circumstances where a particular item of order has been eliminated;however,this right of OWNER equipment is placed in continuous service before to stop the Work shall not give rise to any duty on the part Substantial Completion of all the Work, the correction of OWNER to exercise this right for the benefit of period for that item may start to run from an earlier date if CONTRACTOR, any Subcontractor, any Supplier, any so provided in the Specifications or by Written Amend- other individual or entity,or any surety for,or employee or ment. agent of any of them. C. Where defective Work (and damage to other 13.06 Correction or Removal of Defective Work Work resulting therefrom)has been corrected or removed and replaced under this paragraph 13.07, the correction A. CONTRACTOR shall correct all defective Work, period hereunder with respect to such Work will be whether or not fabricated,installed,or completed,or,if the extended for an additional period of one year after such Work has been rejected by ENGINEER,remove it from the correction or removal and replacement has been Project and replace it with Work that is not defective. satisfactorily completed. CONTRACTOR shall pay all Claims, costs, losses, and damages(including but not limited to all fees and charges D. CONTRACTOR'S obligations under this of engineers, architects, attorneys, and other professionals paragraph 13.07 are in addition to any other obligation or and all court or arbitration or other dispute resolution costs) warranty. The provisions of this paragraph 13.07 shall not arising out of or relating to such correction or removal be construed as a substitute for or a waiver of the (including but not limited to all costs of repair or provisions of any applicable statute of limitation or repose. replacement of work of others). 13.08 Acceptance of Defective Work 13.07 Correction Period A. If, instead of requiring correction or removal and A. If within one year after the date of Substantial replacement of defective Work, OWNER (and, prior to Completion or such longer period of time as may be ENGINEER'S recommendation of final payment, prescribed by Laws or Regulations or by the terms of any ENGINEER) prefers to accept it, OWNER may do so. applicable special guarantee required by the Contract CONTRACTOR shall pay all Claims, costs, losses, and Documents or by any specific provision of the Contract damages(including but not limited to all fees and charges Documents, any Work is found to be defective, or if the of engineers, architects, attorneys, and other professionals repair of any damages to the land or areas made available and all court or arbitration or other dispute resolution costs) for CONTRACTOR'S use by OWNER or permitted by attributable to OWNER'S evaluation of and determination Laws and Regulations as contemplated in paragraph 6.11.A to accept such defective Work(such costs to be approved is found to be defective, CONTRACTOR shall promptly, by ENGINEER as to reasonableness) and the diminished without cost to OWNER and in accordance with value of the Work to the extent not otherwise paid by OWNER'S written instructions: (i) repair such defective CONTRACTOR pursuant to this sentence. If any such land or areas, or(ii)correct such defective Work or,if the acceptance occurs prior to ENGINEER'S recommendation defective Work has been rejected by OWNER,remove it of final payment, a Change Order will be issued 00700-37 incorporating the necessary revisions in the Contract correction, removal, or replacement of CONTRACTOR'S Documents with respect to the Work,and OWNER shall be defective Work. entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the D. CONTRACTOR shall not be allowed an exten- parties are unable to agree as to the amount thereof, sion of the Contract Times(or Milestones)because of any OWNER may make a Claim therefore as provided in delay in the performance of the Work attributable to the paragraph 10.05. If the acceptance occurs after such exercise by OWNER of OWNER'S rights and remedies recommendation, an appropriate amount will be paid by under this paragraph 13.09. CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION A. 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 14.01 Schedule of Values by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance A. The schedule of values established as provided in with the Contract Documents,or if CONTRACTOR fails to paragraph 2.07.A will serve as the basis for progress comply with any other provision of the Contract payments and will be incorporated into a form of Applica- Documents, OWNER may,after seven days written notice tion for Payment acceptable to ENGINEER. Progress to CONTRACTOR, correct and remedy any such payments on account of Unit Price Work will be based on deficiency. the number of units completed. B. In exercising the rights and remedies under this 14.02 Progress Payments paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, A. Applications for Payments OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and 1. At least 20 days before the date estab- suspend CONTRACTOR'S services related thereto, take lished for each progress payment (but not more possession of CONTRACTOR'S tools, appliances, con- often than once a month), CONTRACTOR shall struction equipment and machinery at the Site,and incorpo- submit to ENGINEER for review an Application for rate in the Work all materials and equipment stored at the Payment filled out and signed by CONTRACTOR Site or for which OWNER has paid CONTRACTOR but covering the Work completed as of the date of the which are stored elsewhere. CONTRACTOR shall allow Application and accompanied by such supporting OWNER, OWNER'S representatives, agents and employ- documentation as is required by the Contract Docu- ees, OWNER'S other contractors, and ENGINEER and ments. If payment is requested on the basis of ENGINEER'S Consultants access to the Site to enable materials and equipment not incorporated in the OWNER to exercise the rights and remedies under this Work but delivered and suitably stored at the Site or paragraph. at another location agreed to in writing,the Applica- tion for Payment shall also be accompanied by a bill C. All Claims,costs,losses, and damages(including of sale,invoice,or other documentation warranting but not limited to all fees and charges of engineers, that OWNER has received the materials and equip- architects, attorneys, and other professionals and all court ment free and clear of all Liens and evidence that or arbitration or other dispute resolution costs)incurred or the materials and equipment are covered by sustained by OWNER in exercising the rights and remedies appropriate property insurance or other arrange- under this paragraph 13.09 will be charged against CON- meats to protect OWNER'S interest therein, all of TRACTOR, and a Change Order will be issued incorpo- which must be satisfactory to OWNER. rating the necessary revisions in the Contract Documents with respect to the Work;and OWNER shall be entitled to 2. Beginning with the second Application an appropriate decrease in the Contract Price. If the parties for Payment, each Application shall include an are unable to agree as to the amount of the adjustment, affidavit of CONTRACTOR stating that all OWNER may make a Claim therefor as provided in previous progress payments received on account of paragraph 10.05. Such claims, costs, losses and damages the Work have been applied on account to discharge will include but not be limited to all costs of repair, or CONTRACTOR'S legitimate obligations associated replacement of work of others destroyed or damaged by with prior Applications for Payment. 00700-38 3. The amount of retainage with respect to matters or issues between the parties that might progress payments will be as stipulated in the entitle CONTRACTOR to be paid additionally by Agreement. OWNER or entitle OWNER to withhold payment to CONTRACTOR. B. Review of Applications 4. Neither ENGINEER'S review of 1. ENGINEER will, within 10 days after CONTRACTOR'S Work for the purposes of receipt of each Application for Payment, either recommending payments nor ENGINEER'S recom- indicate in writing a recommendation of payment mendation of any payment,including fmal payment, and present the Application to OWNER or return will impose responsibility on ENGINEER to the Application to CONTRACTOR indicating in supervise, direct, or control the Work or for the writing ENGINEER'S reasons for refusing to means, methods, techniques, sequences, or proce- recommend payment In the latter case, CON- dues of construction,or the safety precautions and TRACTOR may make the necessary corrections programs incident thereto, or for and resubmit the Application. CONTRACTOR'S failure to comply with Laws and Regulations applicable to CONTRACTOR'S 2. ENGINEER'S recommendation of any performance of the Work.Additionally,said review payment requested in an Application for Payment or recommendation will not impose responsibility will constitute a representation by ENGINEER to on ENGINEER to make any examination .to OWNER,based on ENGINEER'S observations on ascertain how or for what purposes the Site of the executed Work as an experienced and CONTRACTOR has used the moneys paid on qualified design professional and on ENGINEER'S account of the Contract Price, or to determine that review of the Application for Payment and the title to any of the Work,materials,or equipment has accompanying data and schedules,that to the best of passed to OWNER free and clear of any Liens. ENGINEER'S knowledge,information and belief: 5. ENGINEER may refuse to recommend a the Work has progressed to the point the whole or any part of any payment if, in indicated; ENGINEER'S opinion, it would be incorrect to make the representations to OWNER referred to in b. the quality of the Work is generally in paragraph 14.02.B.2. ENGINEER may also refuse accordance with the Contract Documents (sub- to recommend any such payment or, because of ject to an evaluation of the Work as a function- subsequently discovered evidence or the results of ing whole prior to or upon Substantial Comple- subsequent inspections or tests,revise or revoke any tion,to the results of any subsequent tests called such payment recommendation previously made,to for in the Contract Documents,to a final deter- such extent as may be necessary in ENGINEER'S mination of quantities and classifications for opinion to protect OWNER from loss because: Unit Price Work under paragraph 9.08, and to any other qualifications stated in the a. the Work is defective, or completed recommendation);and Work has been damaged,requiring correction or replacement; c. the conditions precedent to CONTRACTOR'S being entitled to such pay- b. the Contract Price has been reduced by ment appear to have been fulfilled in so far as it Written Amendment or Change Orders; is ENGINEER'S responsibility to observe the Work. c. OWNER has been required to correct defective Work or complete Work in accordance 3. By recommending any such payment with paragraph 13.09;or ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the d. ENGINEER has actual knowledge of the quality or the quantity of the Work as it has been occurrence of any of the events enumerated in performed have been exhaustive,extended to every paragraph 15.02.A. aspect of the Work in progress,or involved detailed inspections of the Work beyond the responsibilities C. Payment Becomes Due specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other 00700-39 1. Ten days after presentation of the Application for Payment to OWNER with 14.04 Substantial Completion ENGINEER'S recommendation,the amount recom- mended will(subject to the provisions of paragraph A. When CONTRACTOR considers the entire Work 14.02.D)become due,and when due will be paid by ready for its intended use CONTRACTOR shall notify OWNER to CONTRACTOR OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically D. Reduction in Payment listed by CONTRACTOR as incomplete)and request that ENGINEER issue a certificate of Substantial Completion. 1. OWNER may refuse to make payment of Promptly thereafter, OWNER, CONTRACTOR, and the full amount recommended by ENGINEER ENGINEER shall make an inspection of the Work to because: determine the status of completion. If ENGINEER does not consider the Work substantially complete,ENGINEER a. claims have been made against OWNER will notify CONTRACTOR in writing giving the reasons on account of CONTRACTOR'S performance therefore. If ENGINEER considers the Work substantially or furnishing of the Work; complete,ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall b. Liens have been filed in connection with fix the date of Substantial Completion. There shall be the Work, except where CONTRACTOR has attached to the certificate a tentative list of items to be delivered a specific Bond satisfactory to OWN- completed or corrected before final payment. OWNER ER to secure the satisfaction and discharge of shall have seven days after receipt of the tentative certifi- such Liens; cate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, c. there are other items entitling OWNER after considering such objections, ENGINEER concludes to a set-off against the amount recommended;or that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certifi- d. OWNER has actual knowledge of the cate to OWNER notify CONTRACTOR in writing,stating occurrence of any of the events enumerated in the reasons therefore. If,after consideration of OWNER'S paragraphs 14.02.B.5.a through 14.02.B.5.c or objections, ENGINEER considers the Work substantially paragraph 15.02.A. complete,ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive 2. If OWNER refuses to make payment of certificate of Substantial Completion (with a revised the full amount recommended by ENGINEER, tentative list of items to be completed or corrected) OWNER must give CONTRACTOR immediate reflecting such changes from the tentative certificate as written notice(with a copy to ENGINEER)stating ENGINEER believes justified after consideration of any the reasons for such action and promptly pay CON- objections from OWNER. At the time of delivery of the TRACTOR any amount remaining after deduction tentative certificate of Substantial Completion ENGINEER of the amount so withheld. OWNER shall promptly will deliver to OWNER and CONTRACTOR a written pay CONTRACTOR the amount so withheld, or recommendation as to division of responsibilities pending any adjustment thereto agreed to by OWNER and final payment between OWNER and CONTRACTOR with CONTRACTOR,when CONTRACTOR corrects to respect to security, operation, safety, and protection of the OWNER'S satisfaction the reasons for such action. Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and 3. If it is subsequently determined that CONTRACTOR agree otherwise in writing and so inform OWNER'S refusal of payment was not justified,the ENGINEER in writing prior to ENGINEER'S issuing the amount wrongfully withheld shall be treated as an definitive certificate of Substantial Completion, amount due as determined by paragraph 14.02.C.1. ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.03 CONTRACTOR'S Warranty of Title B. OWNER shall have the right to exclude A. CONTRACTOR warrants and guarantees that title CONTRACTOR from the Site after the date of Substantial to all Work, materials, and equipment covered by any Completion, but OWNER shall allow CONTRACTOR Application for Payment, whether incorporated in the reasonable access to complete or correct items on the Project or not,will pass to OWNER no later than the time tentative list. of payment free and clear of all Liens. 00700-40 14.05 Partial Utilization TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. A. Use by OWNER at OWNER'S option of any CONTRACTOR shall immediately take such measures as substantially completed part of the Work which has are necessary to complete such Work or remedy such specifically been identified in the Contract Documents, or deficiencies. which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the 14.07 Final Payment Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S A. Application for Payment performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the 1. After CONTRACTOR has, in the Work subject to the following conditions. opinion of ENGINEER,satisfactorily completed all corrections identified during the final inspection 1. OWNER at any time may request CON- and has delivered,in accordance with the Contract TRACTOR in writing to permit OWNER to use any Documents, all maintenance and operating such part of the Work which OWNER believes to instructions, schedules, guarantees, Bonds, be ready for its intended use and substantially certificates or other evidence of insurance complete. If CONTRACTOR agrees that such part certificates of inspection, marked-up record docu- of the Work is substantially complete, CON- ments (as provided in paragraph 6.12), and other TRACTOR will certify to OWNER and ENGI- documents, CONTRACTOR may make application NEER that such part of the Work is substantially for final payment following the procedure for complete and request ENGINEER to issue a progress payments. certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify 2. The final Application for Payment shall OWNER and ENGINEER in writing that be accompanied(except as previously delivered)by: CONTRACTOR considers any such part of the (i) all documentation called for in the Contract Work ready for its intended use and substantially Documents, including but not limited to the complete and request ENGINEER to issue a certifi- evidence of insurance required by subparagraph cate of Substantial Completion for that part of the 5.04.B.7; (ii) consent of the surety, if any, to final Work. Within a reasonable time after either such payment; and (iii) complete and legally effective request, OWNER, CONTRACTOR, and releases or waivers(satisfactory to OWNER)of all ENGINEER shall make an inspection of that part of Lien rights arising out of or Liens filed in the Work to determine its status of completion. If connection with the Work. ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will 3. In lieu of the releases or waivers of Liens notify OWNER and CONTRACTOR in writing specified in paragraph 14.07.A.2 and as approved giving the reasons therefore. If ENGINEER by OWNER,CONTRACTOR may furnish receipts considers that part of the Work to be substantially or releases in full and an affidavit of complete, the provisions of paragraph 14.04 will CONTRACTOR that: (i) the releases and receipts apply with respect to certification of Substantial include all labor, services,material,and equipment Completion of that part of the Work and the for which a Lien could be filed;and(ii)all payrolls, division of responsibility in respect thereof and material and equipment bills,and other indebtedness access thereto. connected with the Work for which OWNER or OWNER'S property might in any way be 2. No occupancy or separate operation of responsible have been paid or otherwise satisfied. If part of the Work may occur prior to compliance any Subcontractor or Supplier fails to furnish such a with the requirements of paragraph 5.10 regarding release or receipt in full, CONTRACTOR may property insurance. furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 14.06 Final Inspection B. Review of Application and Acceptance A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, 1. If,on the basis of ENGINEER'S obser- ENGINEER will promptly make a final inspection with vation of the Work during construction and final OWNER and CONTRACTOR and will notify CON- inspection, and ENGINEER'S review of the final 00700-41 Application for Payment and accompanying docu- 1. a waiver of all Claims by OWNER mentation as required by the Contract Documents, against CONTRACTOR, except Claims arising ENGINEER is satisfied that the Work has been from unsettled Liens, from defective Work appear- completed and CONTRACTOR'S other obligations ing after final inspection pursuant to paragraph under the Contract Documents have been fulfilled, 14.06, from failure to comply with the Contract ENGINEER will,within ten days after receipt of the Documents or the terms of any special guarantees final Application for Payment, indicate in writing specified therein, or from CONTRACTOR'S ENGINEER'S recommendation of payment and continuing obligations under the Contract Docu- present the Application for Payment to OWNER for ments;and payment. At the same time ENGINEER will also give written notice to OWNER and CON- 2. a waiver of all Claims by CONTRAC- TRACTOR that the Work is acceptable subject to TOR against OWNER other than those previously the provisions of paragraph 14.09. Otherwise, made in writing which are still unsettled. ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final ARTICLE 15-SUSPENSION OF WORK AND payment,in which case CONTRACTOR shall make TERMINATION the necessary corrections and resubmit the Application for Payment. 15.01 OWNER May Suspend Work C. Payment Becomes Due A. At any time and without cause, OWNER may 1. Thirty days after the presentation to suspend the Work or any portion thereof for a period of not OWNER of the Application for Payment and more than 90 consecutive days by notice in writing to accompanying documentation, the amount CONTRACTOR and ENGINEER which will fix the date recommended by ENGINEER will become due and, on which Work will be resumed. CONTRACTOR shall when due, will be paid by OWNER to CON- resume the Work on the date so fixed. CONTRACTOR TRACTOR. shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly 14.08 Final Completion Delayed attributable to any such suspension if CONTRACTOR makes a Claim therefore as provided in paragraph 10.05. A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if 15.02 OWNER May Terminate for Cause ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and A. The occurrence of any one or more of the recommendation of ENGINEER, and without terminating following events will justify termination for cause: the Agreement,make payment of the balance due for that portion of the Work fully completed and accepted. If the 1. CONTRACTOR'S persistent failure to remaining balance to be held by OWNER for Work not perform the Work in accordance with the Contract fully completed or corrected is less than the retainage Documents(including,but not limited to, failure to stipulated in the Agreement, and if Bonds have been supply sufficient skilled workers or suitable materi- furnished as required in paragraph 5.01,the written consent als or equipment or failure to adhere to the progress of the surety to the payment of the balance due for that schedule established under paragraph 2.07 as portion of the Work fully completed and accepted shall be adjusted from time to time pursuant to paragraph submitted by CONTRACTOR to ENGINEER with the 6.04); Application for such payment. Such payment shall be made under the terms and conditions governing final 2. CONTRACTOR'S disregard of Laws or payment, except that it shall not constitute a waiver of Regulations of any public body having jurisdiction; Claims. 3. CONTRACTOR'S disregard of the 14.09 Waiver of Claims authority of ENGINEER;or A. The making and acceptance of final payment will 4. CONTRACTOR'S violation in any constitute: substantial way of any provisions of the Contract Documents. 00700-42 2. for expenses sustained prior to the B. If one or more of the events identified in effective date of termination in performing services paragraph 15.02.A occur, OWNER may, after giving and furnishing labor,materials,or equipment as re- CONTRACTOR(and the surety,if any)seven days written quired by the Contract Documents in connection notice,terminate the services of CONTRACTOR,exclude with uncompleted Work, plus fair and reasonable CONTRACTOR from the Site,and take possession of the sums for overhead and profit on such expenses; Work and of all CONTRACTOR'S tools,appliances,con- struction equipment,and machinery at the Site,and use the 3. for all claims,costs,losses,and damages same to the full extent they could be used by (including but not limited to all fees and charges of CONTRACTOR(without liability to CONTRACTOR for engineers, architects, attorneys, and other trespass or conversion), incorporate in the Work all professionals and all court or arbitration or other materials and equipment stored at the Site or for which dispute resolution costs) incurred in settlement of OWNER has paid CONTRACTOR but which are stored terminated contracts with Subcontractors,Suppliers, elsewhere, and finish the Work as OWNER may deem and others;and expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is 4. for reasonable expenses directly finished. If the unpaid balance of the Contract Price attributable to termination. exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, B. CONTRACTOR shall not be paid on account of architects, attorneys, and other professionals and all court loss of anticipated profits or revenue or other economic loss or arbitration or other dispute resolution costs)sustained by arising out of or resulting from such termination. OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such 15.04 CONTRACTOR May Stop Work or Terminate claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to A. If,through no act or fault of CONTRACTOR,the OWNER. Such claims,costs,losses,and damages incurred Work is suspended for more than 90 consecutive days by by OWNER will be reviewed by ENGINEER as to their OWNER or under an order of court or other public reasonableness and, when so approved by ENGINEER, authority,or ENGINEER fails to act on any Application for incorporated in a Change Order. When exercising any Payment within 30 days after it is submitted, or OWNER rights or remedies under this paragraph OWNER shall not fails for 30 days to pay CONTRACTOR any sum fmally be required to obtain the lowest price for the Work determined to be due, then CONTRACTOR may, upon performed. seven days written notice to OWNER and ENGINEER, C. Where CONTRACTOR'S services have been so and provided OWNER or ENGINEER do not remedy such terminated by OWNER,the termination will not affect any suspension or failure within that time, terminate the rights or remedies of OWNER against CONTRACTOR Contract and recover from OWNER payment on the same then existing or which may thereafter accrue. Any terms as provided in paragraph 15.03. In lieu of terminat- retention or payment of moneys due CONTRACTOR by ing the Contract and without prejudice to any other right or OWNER will not release CONTRACTOR from liability. remedy,if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or 15.03 OWNER May Terminate For Convenience OWNER has failed for 30 days to pay CONTRACTOR any sum fmally determined to be due, CONTRACTOR A. Upon seven days written notice to CON- may, seven days after written notice to OWNER and TRACTOR and ENGINEER,OWNER may,without cause ENGINEER, stop the Work until payment is made of all and without prejudice to any other right or remedy of such amounts due CONTRACTOR, including interest OWNER, elect to terminate the Contract. In such case, thereon. The provisions of this paragraph 15.04 are not CONTRACTOR shall be paid(without duplication of any intended to preclude CONTRACTOR from making a items): Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or 1. for completed and acceptable Work damage directly attributable to CONTRACTOR'S stopping executed in accordance with the Contract Docu- the Work as permitted by this paragraph. ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 00700-43 ARTICLE 16-DISPUTE RESOLUTION ing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the 16.01 Methods and Procedures Work or termination or completion of the Agreement. A, Dispute resolution methods and procedures, if 17.05 Controlling Law any,shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth,and subject A. This Contract is to be governed by the law of the to the provisions of paragraphs 9.09 and 10.05, OWNER state in which the Project is located. and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Docu- ments or by Laws or Regulations in respect of any dispute. ARTICLE 17-MISCELLANEOUS 17.01 Giving Notice A. 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 if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. 17.02 Computation of Times A. 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. 17.03 Cumulative Remedies A. 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 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, and 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. 17.04 Survival r f Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accor- dance with the Contract Documents,as well as all continu- 00700-44 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions and other provisions of these Contract Documents as indicated below. All provisions of the Standard General Conditions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY The terms used in these Supplementary Conditions which are defined in the Standard General Conditions have the meanings assigned to them in the Standard General Conditions. 1.01 Defined Terms Add the following definition: 51. Plans - A term which may be used interchangeably with the terms "Drawings" and which will have the same meaning. ARTICLE 2 - PRELIMINARY MATTERS Delete the third sentence of Paragraph 2.03 in its entirety. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.02 A. Subsurface and Physical Conditions No subsurface explorations have been made by ENGINEER in the preparation of the Contract Documents. CONTRACTOR has, however, conducted his own investigation of both surface and subsurface conditions and has based his bid thereon. All provisions in this section as to possible relief due to differing subsurface conditions are not applicable as CONTRACTOR's bid is based on performance. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds Delete- Not required 5.04 CONTRACTOR'S Liability Insurance See attached Exhibit "E" 5.05 OWNER'S Liability Insurance Delete Paragraph 5.05 in its entirety. 5.06 Property Insurance Delete Paragraphs 5.06A, 5.06.6 and 5.06.0 in their entirety. Delete Paragraph 5.06.E of the General Conditions in its entirety. 5.07 Waiver of Rights CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-1 C\Users\ABruce\AppDatalLocal\Microsoh\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD 07_supplementaryConditions.doc Delete Paragraph 5.07 of the General Conditions in its entirety. 5.08 Receipt of Application of Insurance Proceeds Delete Paragraph 5.08.A of the General Conditions in its entirety. Delete the second sentence of Paragraph 5.08.B. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.02 Labor; Working Hours Delete paragraph 6.02.B in its entirety. Add new paragraphs immediately after 6.02.6 of the General Conditions reading as follows: 6.02.0 Suitable qualified personnel means the field work must be supervised by a Surveyor, registered in the State of Florida, meeting the ENGINEER'S approval. 6.02.D All construction layout work shall meet or exceed the minimum technical standards as set forth in Chapter 21 HH, Florida Administrative Code. 6.08 Permits Replace paragraph 6.08.A with the following: A. OWNER shall obtain and pay for applicable impact fees and all permits required for the approval of the construction plans and specifications and the issuance of applicable permits by County and State regulatory agencies. OWNER shall also pay applicable inspection fees necessary for the prosecution of the Work. OWNER either has secured or will secure permits from South Florida Water Management District(ERP), from Collier County, and from Florida Department of Environmental Protection (NPDES). CONTRACTOR is responsible for obtaining any additional construction permits including, but not limited to, Right-of-Way Connection Permits, Blasting Permit and Burning Permits, including any required bonds. 6.12 Record Documents Delete the last sentence of paragraph 6.12.A. Add the following paragraph: 6.12.B. CONTRACTOR shall be responsible for preparing and delivering to ENGINEER final record drawings meeting the requirements hereof and all tests results required by the Specifications prior to the notification of Substantial Completion pursuant to Section 14.04 A. 6.17 Shop Drawings and Samples Delete this section entirely. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price Add the following paragraphs at the end of paragraph 12.01.B.3: 12.01.B.4 Whenever a change in the Work is to be based on mutual acceptance of a lump CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-2 C\Users\ABruce\AppDataVocalWicrosoft\windows\INe:Cache\Content.Outloo0J3GV1RV\1263CDD_07 5upplementaryConditions.doc sum pursuant to Paragraph 12.01.6.2, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an estimate substantiated by a complete itemized breakdown. The breakdown shall list quantities and unit prices for materials, labor, equipment, overhead and other items of cost. 12.01.6.5 Whenever a change involves the CONTRACTOR and one or more SUBCONTRACTOR'S and the change is an increase in the Contract Price, overhead and profit percentage for the CONTRACTOR and each SUBCONTRACTOR shall be itemized separately. 12.02 Change of Contract Time Add the following to the end of paragraph 12.02.B: The time lost due to delays beyond the control of the CONTRACTOR will be considered to be equivalent to the number of days the path of critical events is lengthened by the delay regardless of the duration of the delay. CONTRACTOR shall indicate this path of critical events, by diagram or narrative, in such detail as may be necessary to justify the claim and establish the number of days delay. The path of critical events is defined as that series of interdependent construction events which must be sequentially performed requiring a longer total time to perform than any other series. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.03 Tests and Inspections Add the following language at the end of paragraph 13.03.A: "Timely Notice" shall mean communication of intent within 48 hours. Delete Paragraph 13.03.B in its entirety and add in its place: B. The cost of all geotechnical and material testing and all other tests required by the Contract Documents shall be initially paid by the CONTRACTOR and reimbursed by OWNER for all passing tests pursuant to the Bid Schedule. The testing shall be performed by a certified laboratory and all tests shall be signed and sealed by a Florida licensed professional ENGINEER. Delete Paragraph 13.03.0 in its entirety and add in its place: C. Inspections by ENGINEER notwithstanding, portions of the Work which are covered by existing governmental agency permits will not be considered complete until it is inspected and/or approved by the appropriate agencies. CONTRACTOR may not, therefore, request ENGINEER to issue a Certificate of Substantial Completion on the Work or any portion thereof pursuant to Section 14.04 A. until it has delivered all test results to ENGINEER and the Work has been approved. CONTRACTOR shall, therefore, assume full responsibility for arranging and obtaining such inspections, tests or approvals. So as to facilitate the testing of the Work and the establishment of conformance of the construction with the applicable regulations, CONTRACTOR shall arrange for portions of the Work to be inspected and approved as construction progresses. ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-3 C:\Users\ABruce\AppData\Local\Microsoft\windows\INetCache\Content Outlook\913GV1RV\1263CDD_07 SupplementaryConditions.doc 14.01 Schedule of Values Delete this section entirely. 14.02 Progress Payments A. Applications for Payments Replace paragraph 1.with the following: 1. At least 20 days before the date established 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 the results of the testing of the Work pursuant to Paragraph 13.03 B. and field survey data proving conformance of the Work with the requirements of the Contract Documents. Progress payments may not include the cost of materials and equipment not incorporated in the Work. Amend Paragraph 2.to add the following language at the end: CONTRACTOR shall use the standard forms provided as exhibits to the Construction Contract. B. Payment Becomes Due Delete the language "Ten days" in paragraph 14.02.C.1 and replace with the language "Thirty (30) days". ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures Delete paragraph A.and replace it with the following: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof(except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.07) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of this Article 16. This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.09 will be made until the earlier of(a) the date on which ENGINEER has rendered a written decision or (b)the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.09; and the failure to demand arbitration within said thirty days period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-4 C:\Users\ABruce\App Data\Local\Microsoft\Windows\INetCache\Content.Outlook\9J3GV1RV\R63CDD_07 SupplementaryConditionsdoc may be entered as evidence but will not supersede the arbitration proceedings except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for information will be made within the thirty-day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim dispute or other matter in question has arisen and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation,joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this Contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration;and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a SUBCONTRACTOR, either OWNER or CONTRACTOR may join such SUBCONTRACTOR as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all Sub- Contracts required by paragraph 6.11 a specific provision whereby the SUBCONTRACTOR consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such SUBCONTRACTOR. Nothing in this paragraph 16.5 nor in the provision of such Sub-Contract consenting to joinder shall create any claim, right or cause of action in favor of SUBCONTRACTOR and against OWNER, ENGINEER or ENGINEER'S Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final. Judgment may be entered upon it in any CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-5 C:\Users\ABruce\App DataVocal\Microsoft\Windows\INetCache\Content.Outlook1913GV1RV\1263CDD_D7 SupplementaryConditions.doc court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof("'disputes") to mediation by The American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. CEDAR HAMMOCK CDD Bridge and Bulkhead Replacement SC-6 C:\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outloo0J3GV1RV\1263CDD 07_Supplementaryanditions.doc GENERAL SPECIFICATIONS GS-1 SCOPE The General Specifications describes the CONTRACTOR'S responsibilities for all work under this Contract in addition to the more specific requirements of the Technical Specifications. GS-2 DEFINED TERMS The terms used in these General Specifications and Technical Specifications which are defined in the General Conditions have the meanings assigned to them in the General Conditions. GS-3 STANDARD SPECIFICATION REFERENCE All work, materials and construction methods will be in general conformance with the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction," latest edition, hereinafter referred to as F.D.O.T.Specifications or F.D.O.T. Section for any particular section reference. Some work materials and construction methods will be in strict conformance with the F.D.O.T. Specifications as set forth in the Technical Specifications by the applicable F.D.O.T. Section Numbers. Where F.D.O.T. Section cited contains references to other Sections, they shall also be included as though cited herein. Where F.D.O.T. Specifications refer to the "Engineer," "Engineer of Tests,"or"Division of Tests," it shall be understood to mean the ENGINEER as such in the Agreement. Where F.D.O.T.Specifications refer to the "Department," it shall mean the OWNER as set forth in the Agreement. In case of conflict between the referenced F.D.O.T. Specifications and the Contract Documents,the Contract Documents shall govern. Reference to A.A.S.H.T.O. and A.S.T.M are to the latest editions of published Tests of the American Association of the State Highway and Transportation Officials and the American Society for Testing Materials, respectively. GS-4 MAINTENANCE OF TRAFFIC The CONTRACTOR shall maintain traffic within the limits and adjacent to the construction as required by and in accordance with F.D.O.T. Section 102, Federal Highway Administration Manual on Uniform Traffic Control Devices Part VI, and any applicable local regulations. The CONTRACTOR shall perform all construction activity so that access to the Sales Center can be maintained at all times and access to occupied homes can be maintained during non-working hours. Prior to access blockage,written notice will be given to the blocked resident a minimum of 48 hours in advance, either mailed or hand delivered with a copy of each furnished to the ENGINEER. GS-5 TREE AND SHRUB PROTECTION A. CONTRACTOR shall exercise care to protect all trees and shrubs designated to remain or not required to be cleared for construction. Trees and shrubs outside construction limits shall remain and shall be protected, and where damaged, restored to original condition. Trees CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-1 C:\users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\9J 3GV1 R V\1263C DD_08_GeneralSpecs.doc damaged within the construction limits due to negligence shall be restored to original condition. B. Tree limbs which interfere with construction operations and are approved for pruning shall be neatly cut with sharp pruning instruments;do not break or chop. All cut faces shall be coated with an approved tree pruning compound which is waterproof, antiseptic, elastic and free of kerosene,coal tar,creosote and other substances harmful to plants. Pruning operations shall be extended to restore the natural shape of the entire tree or shrub. C. CONTRACTOR shall protect tree and shrub root systems. Do not store construction materials, debris or excavated materials beyond construction limits. Do not permit vehicles or construction equipment beyond the limits of utility construction. Restrict foot traffic to prevent excessive compaction of soil over root system. Excavated material shall be stockpiled away from tree drip lines as approved by the ENGINEER. Protect tree and shrub root systems from damage due to noxious materials in solution caused by runoff or spillage during construction, operations or drainage from stored materials. Protect root systems from flooding,erosion or excessive wetting resulting from dewatering operations. Excavate within the drip line of trees only when approved by the ENGINEER. Where trees are designated to remain within the limits of construction and trenching for utilities is required within tree drip lines,cut roots with sharp pruning instruments; do not break or chop. Paint roots over 2" caliper with approved tree pruning compound. D. Trees damaged by construction operations shall be repaired promptly after damage occurs to prevent progressive deterioration of damaged trees. Removed trees, branches, roots and other excess materials shall be removed from the construction site to an approved landfill at the expense of the CONTRACTOR. GS-6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings,telephone or other cables, water pipes, sanitary pipes or other structures which may be encountered, whether or not shown on the Drawings. Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the ENGINEER. This information is not guaranteed,however,and it shall be this CONTRACTOR'S responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. GS-7 ADJUSTMENT OF GRADES Adjustments of grades shown on drawings may be necessary to conform to actual field conditions or to maintain cover under proposed future grades. Such adjustments shall be considered part of the job conditions and no extra compensation will be allowed for such changes except where specifically otherwise noted in the plans or specifications. Such adjustments must be approved by the ENGINEER CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-2 CAUsers\ABruce\AppData\Local\Microsoft\Windows\I NetCache\Content.Outlook\9J 3GV1 RV\1263CDD_08_General5pecs.doc prior to being made. GS-8 TRENCH EXCAVATION AND BACKFILLING 8.1 Protection of Existing Improvements Prior to excavating any section of work,the CONTRACTOR shall call all applicable underground utility companies and inform them that work on the specific section is about to commence and request that they field locate their utilities in the area. When proceeding with the work,the contractor shall exercise caution to protect all underground and overhead utilities and existing structures from damage. The CONTRACTOR shall provide all sheeting, shoring and bracing that may be required to properly protect adjacent property and structures. The CONTRACTOR shall repair to the satisfaction of the OWNER any surface or subsurface improvements damaged during the course of the work(unless such improvement is shown on the drawing). Should any utilities be encountered that are not shown on the drawing,the CONTRACTOR shall immediately notify the ENGINEER and shall take whatever caution necessary to protect the utility. 8.2 Trench Excavation All trenches will be open cut except where the ENGINEER gives written permission for tunneling. Unless otherwise specified, the CONTRACTOR may use the type of equipment he considers best to perform the excavation provided it is done within the work limits shown. The trenches should be at 12" above the pipe, no wider than 12" plus the outside diameter of the pipe unless otherwise required for the safe and proper execution of the work. 8_3 Pipe Bedding Perform final grading of trench bottoms by hand tools. Carry machine excavation only to such depth that soil bearing for pipes will not be disturbed. Grade the bottom of trenches evenly to insure uniform bearing for all pipes. Cut holes as necessary for joints and joint making. (1) As an alternate method, option with the CONTRACTOR, excavate trenches to at least 4 inches below the required bottom levels and refill to the proper grade with sand and gravel firmly compacted. (2)In Rockcemented gravel, old masonry or other hard material,excavate to at least 4 inches below the pipe at all points and refill to grade with sand and/or gravel firmly compacted. (3)In fill containing refuse,organic matter or similar substances,or any other material deemed unsuitable by the ENGINEER,shall be removed and clean fill or gravel placed in the trench and firmly compacted. 8_4 Soil Materials for Trench Backfilling 1. Satisfactory trench backfill materials are defined as those soils complying with American CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-3 C:\Users\ABruce\AppData\Local\Microsoh\Windows\INetCache\Content.Outlook9J3GV1RV\1263CDD 08 Generalspecs.doc Association of State Highway and Transportation Officials(AASHTO)Soil Classification Groups A-1, A-2, A-3, A-4, A-5, A-6, A-7-5 or A-7-6 providing such materials have a liquid limit not greater than 50, nor a plastic index not less than 7 nor greater than 20. Satisfactory soil materials shall be free of debris, waste, rock or gravel larger than 4 inches in any dimension. 2. Select materials are defined as those materials meeting the requirements for satisfactory trench backfill materials except that the material shall be free of rock or gravel larger than 2 inches in any dimension. Select materials from an offsite source shall be used for all utility backfill. 3. Unsatisfactory soil materials are defined as rock greater than 4 inches in any dimension, organic materials or soil materials with a liquid limit greater than 50, and/or plastic index less than 7 or greater than 20. 4. Granular Pipe Bedding Material-Granular pipe bedding material shall be well graded crushed stone or crushed gravel meeting the requirements of ASTM Designation C-33,Graduation No. 67 (3/4 inches to No.4 Sieve). 8.5 Rock Excavation Material to be excavated hereunder in trenches for utilities shall include earth, rock or any other material encountered in excavating to the depth and extent indicated on the drawings and herein specified. No adjustment in the contract price will be made on account of the absence or presence of rock,shale,masonry or other materials. In the case of any change ordered in writing by the ENGINEER in the quantity of excavation, the excavation involved shall be unclassified; the value shall be determined and the contract price will be adjusted as provided in the general conditions. Rock excavation for structures other than manholes shall be carried a minimum of 6" below the bottom of the structure. Rock excavation for sanitary manholes shall be a minimum of 12" below the bottom of the structure. The excavation will be brought back to grade with crushed gravel or sand. Any excess rock(larger than 4" in diameter)is to be disposed of onsite rock burial areas. These areas will be open pits where the CONTRACTOR can dispose rocks and boulders. CONTRACTOR is responsible for the transportation of all rocks to the rock burial area, including all trenching and placement of rock in the burial area. Excavation and backfilling of the rock burial areas will be provided by CONTRACTOR. 8.6 Water Removal CONTRACTOR shall keep trenches free from water while construction is in progress. Under no circumstances lay pipe or appurtenances in water. Pump or bail water from trench and bell holes to permit proper jointing of pipes. Conduct the discharge from trench dewatering to drains or natural drainage channels. The CONTRACTOR shall provide adequate equipment for removal of storm or surface water from the excavation area. If subsurface water is encountered,the CONTRACTOR shall use approved means to dewater the excavation. A well point system or other approved equipment shall be installed, if necessary,to maintain the excavation in a dry condition for placing structures and installing lines. CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-4 CAUsers\ABruce\AppData\Local\Microsoft\Windows\INe:Cache\Content.Outlook\9BGMV\1263CDD_08 GeneralSpecs.doc The CONTRACTOR shall perform all dewatering operations so as not to cause injury to public or private property or cause a nuisance or menace to the public and he shall be solely responsible for obtaining any approvals or permits required for the disposal of water removed from the excavations. All dewatering activities shall be considered incidental to structure installation and will be considered to be included in the unit prices for pipe or structure installation. 8_7 Shoring Unless trenches banks are cut back on a staple slope,CONTRACTOR shall sheet and brace trenches as necessary to prevent caving or sliding,to provide protection for workmen and the pipe,and to protect adjacent structures and facilities. Do not brace sheeting against the pipe, but brace it so that no concentrated loads of horizontal thrust are transmitted to the pipe. It a portable metal box is used for bracing the slopes, take care not to disturb the pipe when the box is removed. All trenching and shoring shall be in accordance with OSHA requirements. 8_8 Disposition of Utilities Rules and Regulations governing the respective utilities shall be observed in executing all work under this heading. Active utilities,if encountered,shall be protected in accordance with written instructions of the ENGINEER (See GENERAL CONDITIONS). Inactive and abandoned utilities encountered in trenching operations shall be removed, plugged or capped. In absence of specific requirements,plug or cap such utilities lines at least 3 feet from utility to be installed or are required by local engineers. 8.9 Excess Excavated Material Unless otherwise specified,all suitable excavated material in excess of the needs for backfill and area fill shall become the property of the OWNER. All unsuitable material for backfill or area fill shall become the property of the CONTRACTOR and shall be removed from the project. 8.10 Backfilling Backfilling trenches only after piping has been inspected, tested and locations of pipe lines and appurtenances have been recorded unless otherwise approved by ENGINEER. CONTRACTOR shall follow all Lee County requirements for utility backfill. Pipes should be backfilled a minimum of 12" above the top of the pipe immediately after laying with select backfill material. The backfill material shall be clean sand with a moisture content of eight to eleven percent. The first 12" of backfill shall be placed in a maximum of 6 layers; backfill shall be tamped under and around the pipe carefully and uniformly so as to eliminate the possibility of any lateral displacement or settling. The remainder of the trench,with the exception of the upper foot, shall be backfilled with satisfactory trench backfill material. In the event it is the ENGINEER'S opinion that sufficient suitable material herein specified for trench backfill is not available from trenching or other excavation for the project, he may require the CONTRACTOR to supply and place the requisite additional material. All backfill shall be placed in 12" layers and compacted an average maximum density of 95%as determined by AASHTO Method 1180 (Modified Projector). The backfill in the top 1' shall be the same material as CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-5 C:\Users\ABruce\App Data\Local\Microsoft\Windows\INetCache\Content.Outlook\9J3GV1RV\1263CDD 08_GeneralSpecs.doc specified for backfilling around the pipe. Backfill under areas to be paved shall be compacted to a minimum density of 95%as determined by AASHTO Method T18- (Modified Proctor). 811 Compaction Testing Failure of CONTRACTOR to backfill by above methods may obligate CONTRACTOR to supply compaction tests as required by ENGINEER if not already required by the Technical Specifications. All soil tests will be made by a laboratory approved by the ENGINEER. Costs of testing will be paid by the CONTRACTOR. 8.12 Site Restoration All construction areas will be cleared of material and debris and brought to uniform grade within 72 hours after the backfill has been placed unless additional time is obtained from the ENGINEER in writing. Ditches shall be finished to drain readily. All construction areas will be restored to their original condition or better. All property improvements including water lines,inlets,driveways, headwalls,culverts, ditches,sidewalks,walkways, curbing,and mailboxes damaged during construction will be restored to the same or better condition they were in prior to construction. Shrubbery,fencing,signs irrigation systems and other appurtenances belonging to private property OWNERS located within the contract limits will be the responsibility of the CONTRACTOR. 8.13 Driveway Reconstruction Concrete driveways shall be repaired with Class II concrete conforming to F.D.O.T. Specifications, Section 345. The thickness shall match the original driveway thickness but in no case shall it be less than 5 inches. Concrete will be reinforced with 6x6x10x10 welded wire mesh. All joints shall be straight line vertical saw cut. Asphalt and bituminous surface treated driveways shall be repaired with 6" limerock or shell base primed and paved with a minimum of 1" Type II asphaltic concrete. Construction shall conform to F.D.O.T. Specifications, Section 200, 300 and 332. All joints shall be straight line vertical saw cut. All other driveways except those of natural existing material shall be repaired with 6" of compacted shall. All joints to be neatly blended. Any driveways of special construction using stone or any other material shall be repaired with the same or better quality construction as the existing driveway. 8-14 SUBMITTALS TO ENGINEER The following Submittals must be sent to the ENGINEER by CONTRACTOR as set forth in the Supplementary Conditions, prior to the ENGINEER'S inspection,for pay request of any associated item: CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-6 C:\Users\ABruce\AppData\I ocal\Microsoft\Windows\INetCache\Content.Outlook\913GV1RV\1263CDD_08 Generalspecs.doc 1. Embankment Compaction Test. 2. Storm Sewer Backfill Compaction Test. 3. Stabilized Subgrade Compaction Test and LBR Test. 4. Stabilized Shoulder Compaction Test and LBR Test. 5. Limerock Base Compaction Test and LBR Test. 6. Asphalt Core Borings. 7. Pipe Culvert Manufacturer Data. 8. Grass Seed Ingredient Tickets. 9. Trench Backfill Compaction Tests. 10. Pre-cast Structures Shop Drawings. Prior to Final Acceptance: 11. Any documentation required by Lee County. GS-9 PROJECT RECORD 91 Description Definitions: Record copies are defined to include those documents or copies relating directly to performance of the work which CONTRACTOR is required to prepare for the OWNERS records, recording the work as actually performed. Record copies shall show all changes in the work from that shown and specified by original contract documents; and show additional information of value to OWNERS records, but not indicated by original contract documents. Record copies include newly prepared drawings, marked up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked up product data SUBMITTALS, field records for variable and concealed conditions such as excavations and foundations,and miscellaneous record information on work which is otherwise recorded only schematically or not at all. Certain individual sections of these specifications may indicate specific record copy requirements which extend requirements of this section. CONTRACTOR shall provide accurate survey information showing locations and elevations of all underground utility lines, including elevations, location and change of direction of piping, conduit, valves,fittings,tanks and manholes. 9_2 Record Drawings Markup Procedure: During progress of the work, maintain a complete blueline set of contract drawings and shop drawings with markup of actual installations which vary from the work as originally shown. 9_3 Record Specifications During progress of the work, maintain one copy of specifications including addenda, change orders CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-7 C\l kers\ABruce\AppData\local\Microsoft\windows\I NetCache\Content.outlook\913GV1 RW 263CDD_08_General5pecs.doc and similar modifications issued in printed form during construction, and markup variations (of substance)in actual work in comparison with text of specifications and modifications as issued. Identify substitutions, selection of options and similar information. 9_4 Record Product Data During progress of the work,maintain one copy of each product data submittal and markup significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site and variations from manufacturers' instructions and recommendations for installations. Identify concealed products and portions of the work which cannot be identified after concealment. Note related change orders and markup. GS-10 SITE CLEANUP AND RESTORATION In addition to the cleaning up requirements set forth in the"General Conditions,"the CONTRACTOR at all times, shall keep the working area free of tools, materials and equipment not essential to the progress of the work. Debris, waste materials and rubbish shall be properly disposed of and not allowed to accumulate. If the CONTRACTOR should fail to do this,the OWNER will make the necessary arrangements to effect the cleanup by others and will back charge the cost to the CONTRACTOR. If such action becomes necessary on the part of and in the opinion of the OWNER,the OWNER will not be responsible for the inadvertent removal of material which the CONTRACTOR would not have disposed of had he affected the required cleanup. Where material or debris has washed or flowed into or been placed in water courses,ditches,gutters, drains,catch basins or elsewhere as a result of the CONTRACTOR'S operations,such material or debris shall be entirely removed and satisfactorily disposed of during progress of the work and the ditches, channels, drains, etc., kept in a clean and neat condition. On or before the completion of the work,the CONTRACTOR shall,unless otherwise especially directed or permitted in writing,tear down and remove or burn all temporary buildings and structures built by him;shall remove all temporary works,tools and machinery or other construction equipment furnished by him;shall remove,acceptably disinfect and cover all organic matter and material containing organic matter in, under and around privies, hoses, and other buildings used by him;shall remove all rubbish from any grounds he has occupied; and shall leave the roads and all parts of the premises and adjacent property affected by his operations, in a neat and satisfactory condition. GS-11 SURVEY REQUIREMENTS See GS-12 Below. GS-12 REFERENCE POINTS AND CONSTRUCTION STAKING CONTRACTOR will be responsible for all construction staking.The CONTRACTOR'S stakeout work shall be included in the contract unit price for the various items of work to which it is incidental. CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-8 c\Users\ABruce\AppData\Local\Microsoft\Windows\I NetCache\Content.0utlook\al3GV1 RV\1263CDD_08_General5pecs.doc GS-13 USE OF EXPLOSIVES Blasting is prohibited on this project. GS-14 CONTROL OF MATERIALS The Control of Materials shall conform to F.D.O.T. Specifications, Section 6. GS-15 ADDITIONAL LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Additional legal requirements and responsibility to the public shall conform to F.D.O.T.Specifications, Section 7,with the following exceptions unless otherwise set forth in the Technical Specifications. Delete 7-13, 7-14, 7-16, 7-17, 7-22, and 7-23. GS-16 LIMITATION OF OPERATIONS Limitation of operations shall conform to F.D.O.T. Specifications in Section 8-4.1 through 8-4.8. GS-17 SAFETY AND HEALTH REGULATIONS The CONTRACTOR shall comply with the Department of Labor Safety & Health Regulations for construction promulgated under the Occupational Safety&Health Act of 1970(PL91-596)and under Section 107 of the Contract Work Hours& Safety Standards Act(PL91-54). All equipment furnished and installed under this contract shall comply to Part 1910,Occupational Safety &Health Standards &Amendments thereto. All trench safety measures for the protection of the CONTRACTORS employees and the public are the sole responsibility of the CONTRACTOR. GS-18 STATE AND FEDERAL PERMITS Construction in State Department of Transportation rights-of-way, construction in wetlands and navigable water bodies will be governed by applicable State and Federal permits. All conditions set forth on the permits shall be a part of the contract and they shall be attached by addendum. GS-19 INSPECTION The authorized representatives and agents of the OWNER, ENGINEER, interested utility companies, Environmental Protection Agency and Controlling State and Local Pollution Control Agencies shall be permitted to inspect all work, material, payrolls, records or personnel, invoices of materials and other relevant data records. CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-9 CAUsers\ABruce\AppData\LocalW icrosok\Windows\I NetCache\Content.0utlook\913GV1 RV\1263CDD_08_GeneralSpecs.doc GS-20 ENVIRONMENTAL PROTECTION 20.1 General A. CONTRACTOR shall comply with all federal, state and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds and reservoirs with fuels, oils, bitumens, chemicals or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. In the event of conflict between such laws and regulations and the requirements of the specifications, the more restrictive requirements shall apply. Environmental protection requirements specified in other sections shall be considered as supplementing the requirements of this section. B. If temporary pollution control measures are ordered by the ENGINEER and fall within the specifications for a work item that has a unit contract price,the work shall be accomplished under the respective item of work subject to the limitations as defined in the contracts general provisions. If the additional work is such that no quantities or prices were given in the Contract,the work shall be covered by a change order submitted by the CONTRACTOR and approved by the OWNER. Should the parties be unable to agree on unit prices or if this method is impractical,the ENGINEER may instruct the CONTRACTOR to proceed with the work by day labor or force account as defined in Article 11.4 of the General Conditions. C. Failure of the CONTRACTOR to fulfill any of the requirements of this section may result in the OWNER ordering the stopping of construction operations in accordance with Article 13 of the GENERAL CONDITIONS. D. In the event that temporary erosion and pollution control measures are required due to the CONTRACTOR'S negligence, carelessness or failure to install permanent controls in a timely manner, or are required due to the construction method or procedure being utilized by the contractor to perform his work,then such work to be performed by the CONTRACTOR shall be at his own expense. F Failure on the part of the CONTRACTOR to perform the necessary measures to control erosion, siltation and pollution will result in the OWNER notifying the CONTRACTOR to take such measures. In the event that the CONTRACTOR fails to perform such measures within 4 hours after receipt of such notice,the OWNER may stop the work as provided above or may proceed to have such measures performed by others. The cost of such work performed by others plus related ENGINEER fees will be deducted from monies due the CONTRACTOR on his Contract. F. All erosion and pollution control features installed by the CONTRACTOR shall be acceptably maintained by the CONTRACTOR during the time that construction work is being done. G. CONTRACTOR shall repair or replace damaged or inoperative erosion and pollution control devices as directed by the ENGINEER,the OWNER'S Representative or Governmental Agencies. CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-10 C:\Users\ABruce\AppData\Local\M crosoft\Windows\INetCache\Content.outlook\9J3GV1RV\1263CDD_OB_GeneralSpecs.doc 20.2 Open Burning of Combustible Wastes Open burning of combustible waste materials or vegetation shall be permitted on the OWNERS property. All waste materials shall be burned or removed from the OWNERS property and disposed of in a legal manner. Subject to approval by all environmental agencies and/or fire departments that may have jurisdiction over such activities. 20.3 Permanent and Temporary Water Pollution Control (Soil Erosion) A. Construction procedures shall include temporary pollution control measures to ensure that soil erosion which might cause water pollution is kept to a minimum. Such measures may consist of construction of berms,dikes,dams,drains and sediment basins or use of fiber mats,woven plastic filler cloths, gravel, mulches, quick growing grasses, sod, bituminous spray and other erosion control devices or methods. All temporary erosion control measures,unless specifically included as a line item in the bid form shall be considered incidental to the construction and will be performed at the CONTRACTOR'S expense. B. The CONTRACTOR shall not be permitted frequent fording of live streams with construction equipment; therefore, temporary bridges or other structures shall be used wherever such crossing adversely affect sediment levels and an appreciable number of stream crossings are necessary. C. The CONTRACTOR shall promptly clear all waterways and drainage patterns of false work, piling, debris or other obstructions placed during construction work and not a part of the finished work. D. The CONTRACTOR shall remove and dispose of silt accumulations as directed by the ENGINEER or the OWNER'S Representative. GS-21 WORK IN THE PUBLIC RIGHT-OF-WAY All miscellaneous work in the public right-of-way including sign relocations, utility preservation, maintenance of traffic or other requirements of the construction permits or ENGINEER, is considered incidental to the work being done with compensation included in the unit prices of the work items located in the public right-of-way unless a line item is specifically provided for the work in the "Bid Form". GS-22 UTILITIES CONSTRUCTION As indicated in the Technical Specifications,some utility systems may be constructed for the ultimate use, ownership and maintenance of a local utility franchise,company or municipality. In that case it is the CONTRACTORS responsibility to construct the utility system in accordance with the local utilities CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-11 C:\Users\ABruce\AppData\Local\Microsok\VVirdows\INetCache\Content.Outlook\913GV1RV\1263CDD_OB GeneraiSpecsdoc specifications, requirements, and inspections and testing procedures to the satisfaction of the utility. The applicable utility's standard specifications are included in the Technical Specifications. The CONTRACTOR is also responsible for the final acceptance of the utility system by the local utility including satisfactory completion of the work,meeting final inspection requirements and preparing and providing all required lien releases,warranties, material certifications,shop drawings,record drawings and other required project documentation. CEDAR HAMMOCK Bridge and Bulkhead Replacement GS-12 C:\Users\ABruce\AppData\Local\Microsoft\wi ndows\INetCache\Content.outlook\913GV1 RV\1263CDD_08_GeneralSpecs.doc EXHIBIT "D" CEDAR HAMMOCK CDD CONTRACTOR'S APPLICATION FOR PAYMENT Project: Number:_Payment Request: for Period:_ to 1 Original Contract Amount $ - 2 Approved Change Orders $ - 3 Current Contract Amount $ - 4 Value of Work Completed to Date(+/- ) $ - 5 Less Amount Retained ( - 6 Net Amount Earned to Date $ - 7 Less Amount of Previous Payments $ - 8 Out of Pocket Expenses (If applicable) $ - BALANCE DUE THIS PAYMENT - CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Request for Payment are correct; that all work has been performed and material supplied in full accordance with the terms and conditions of the Contract. If further certify that payments have been made to all subcontractors and all material and labor used in or in connection with the performance of this Contract. I also certify I have complied with Federal, State and local tax laws, including Social Security Laws and Unemployment Compensation Laws and Worker's Compensation Laws and Mechanics Lien Laws insofar as applicable to the performance of the Contract. Contractor: Date: By:_ Title:_(Authorized Representative) Subscribed and Sworn before me this day of 20 NOTARY PUBLIC SIGNATURE: STATE OF COUNTY OF My Commission Expires: Approved for Payment: Date: CEDAR HAMMOCK CDD Exhibit E INSURANCE REQUIREMENTS—High Risk Level Subcontractor shall procure and maintain,at its sole cost and expense,the following insurance coverages: 1. Workers'Compensation: Coverage A. Statutory Benefits Coverage B. Employers'Liability limits of not less than: Bodily Injury by accident $1,000,000 each accident Bodily Injury by disease $1,000,000 policy limit Bodily Injury by disease $1,000,000 each employee 2. Commercial Auto Coverage: Automobile Liability coverage(equivalent in coverage to ISO form CA 00 01)of not less than$1,000,000 combined single limit,each accident,covering all owned,hired and non-owned autos. If Subcontractor does not have any company owned vehicles,a copy of the declaration page from the personal auto liability policy of the principal(s)of the company entering into this agreement will be acceptable.Hired and non-owned auto coverage for the Subcontractor must be evidenced through a general liability policy or auto policy. 3. Commercial General Liability: Commercial General Liability coverage(equivalent in coverage to ISO form CG 00 01)of not less than: Each Occurrence Limit $1,000,000 Personal Advertising Injury Limit $1,000,000 Products/Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $2,000,000 (other than Products/Completed Operations) The policy must include: a) Premises and Operations coverage with no explosions,collapse,or underground damage exclusion (XCU). b) Products and Completed Operations coverage.Subcontractor agrees to maintain this coverage for a minimum of ten(10)years following completion of its work. c) Standard ISO CG0001 0196 Contractual Liability coverage,or its equivalent,and a Separation of Insureds clause. d) Broad Form Property Damage coverage,including completed operations,or its equivalent. e) The work "performed on your behalf by a subcontractor" exception to the "Damage to Your Work" exclusion(Exclusion"1"in Section I of the ISO form CG 00 01 10 01 and earlier versions.)No limitation or restriction of this exception is allowed. f) An Additional Insured Endorsement(equivalent to ISO form CG 20 10 11 85)naming as additional insured: "Cedar Hammock CDD c/o Inframark Infrastructure Management Services,including its subsidiaries, partners,partnerships,affiliated companies,successors and assigns." g) If the Work to be performed is on an attached community,there shall be no exclusion for attached or condominium projects. h) There shall be no exclusions for continuing or progressive losses not known by Subcontractor to exist prior to policy inception. i) Coverage must be on an"occurrence"form."Claims Made"and"Modified Occurrence"forms are not acceptable. j) Such coverage as is afforded by this policy for the benefit of the additional insured(s)is primary and any other coverage maintained by such additional insured(s) shall be non-contributing with the coverage provided under this policy k) There shall be no"pollution"exclusions,residential exclusions,nor any of theirequivalents. I) The CGL policy may not be subject to a self-insured retention(SIR)or deductible that exceeds$10,000. 15V1 Insurance Req-High 1-12.Ex E.doc Contractor Initial Subcontractor Initial Any and all SIRs must be susceptible of being satisfied under the CGL policy through payments made by additional insureds,co-insurers,and/or insureds other than the First Named Insured. 4. Property Insurance: Subcontractor shall maintain"Special Form"property insurance(commonly referred to as"all risk"or"special perils" coverage) in an amount equal to the full replacement cost of all Subcontractor's real and personal property(for which it has title and/or risk of loss),as well as real and personal property which becomes a final part of the Project,during its off-Project status,in transit and while stored or worked upon away from,or on,the Project site.All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed. Property Waiver of Subrogation:Subcontractor hereby waives all rights of recovery against Cedar Hammock CDD do Inframark Infrastructure Management Services,including its subsidiaries,partners,partnerships, affiliated companies,successors and assigns,with respect to any loss or damage,including consequential loss or damage,to the Subcontractor's property caused or occasioned by any peril or perils covered under any policy or policies of property insurance carried by the Subcontractor.Subcontractor shall cause its insurance carriers to consent to such waiver of subrogation. 5. Other Requirements: a) All policies must afford an unqualified thirty(30)days notice of cancellation to the additional insured(s)in the event of cancellation or non-renewal, and ten (10)days notice of cancellation for non-payment of premium. b) All policies must be written by insurance companies whose rating in the most recent Best's Rating Guide, is not less than A(-): VII. Pursuant to Section 627.442 Florida Statues, the insurance company rating requirement does not apply to a self-insurance fund that is subject to part V of Chapter 631.This exception is only applicable to self-insurance funds providing Workers' Compensation coverage in the State of Florida.Contractor reserves the right to accept coverages provided via a state fund.All coverage forms must be acceptable to Contractor. Subcontractor agrees to provide a full certified copy of any policy maintained by Subcontractor to Contractor upon Contractor's requesttherefor. c) Certificates of Insurance with the required endorsements evidencing the required coverages must be delivered to the Contractor prior to commencement of any work under this Subcontract.Such certificates of insurance shall state "All Operations" of Subcontractor performed on behalf of Contractor shall be covered by such insurance.A 30-day notice of cancellation must be issued per the terms/provisions under the Subcontractor's policy(ies). d) If the Subcontractor fails to secure and maintain the required insurance,Contractor shall have the right (without any obligation to do so, however) to secure same in the name and for the account of Subcontractor in which event the Subcontractor shall pay the costs thereof and furnish upon demand all information that may be required in connection therewith. e) Contractor reserves the right,but shall have no obligation,to procure the insurance,or any portion thereof, for which Subcontractor is herein responsible and which is described in this section.Contractor shall notify Subcontractor if Contractor exercises its right, whereupon Subcontractor's responsibility to carry such insurance shall cease and all the premiums and other charges associated with such insurance shall be refunded to the Contractor.Contractor further reserves the right at any time,with thirty(30)days written notice to Subcontractor,to require that Subcontractor resume the procurement and maintenance of any insurance for which Contractor has elected to procure pursuant to this subsection; in such event, the sums paid to Subcontractor by Contractor shall increase to the extent of any previously agreed and implemented reduction (as noted above) attributable to Contractor's prior assumption of the particular insurance coverages. Such refund shall be equitably pro-rated based upon Subcontractor's completed work at the time of such adjustment. f) Contractor reserves the right, in its sole discretion, to require higher limits of liability coverage if, in Contractor's opinion,operations by or on behalf of Subcontractor create higher than normal hazards,and, to require Subcontractor to name additional parties in interest to be Additional Insureds,and included in any required Waiver of Subrogation,Notice of Cancellation,or otherendorsement. g) In the event that rental of equipment is undertaken to complete and/or perform the work, Subcontractor agrees that it shall be solely responsible for such rental equipment.Such responsibility shall include,but not be limited to,theft,fire,vandalism and use,including use by unauthorized persons. h) Nothing in this Exhibit shall reduce Subcontractor's obligations under this Contract. Subcontractor's procurement and/or maintenance of insurance shall not be construed as a limitation of liability or as full performance of the indemnification and hold harmless provisions of this Agreement. i) In the event that materials or any other type of personal property("personal property")is acquired for the Project or delivered to the Project site, Subcontractor agrees that it shall be solely responsible for such property until it becomes a fixture on the Project,or otherwise is installed and incorporated as a final part of the Project. Such responsibility shall include, but not be limited to, theft, fire, vandalism, and use, including use by unauthorized persons. 15V1 Insurance Req-High 1-12.Ex E.doc Contractor Initial Subcontractor Initial 6. Chances and Modifications: Any modification or waiver of the insurance requirements to this Agreement,or in any addendum hereto, may only be made with the prior written consent of Contractor. 7. Notices: All Certificates of Insurance and required endorsements must be addressed and forwarded to: Cedar Hammock CDD do Inframark Infrastructure Management Services 5911 County Lakes Drive Fort Myers,FL 33905 Phone:(239)245-7118 15V1 Insurance Req-High 1-12.Ex E.doc Contractor Initial Subcontractor Initial EXHIBIT "F" CEDAR HAMMOCK CDD WAIVER & RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of$ hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to CEDAR HAMMOCK CDD on the job of CEDAR HAMMOCK CDD to the following property: Project: Contract#: Pay Request#: Invoice#: Contract Amount: Reimbursement Amount: Lienor hereby warrants and represents that there are no liens or claims by third parties, including, but not limited to, laborers, suppliers and subcontractors, that could be asserted against the property due to lienor's improvements to the property through the date specified. Lienor further warrants and represents that no chattel mortgage, conditional bill of sale, or retention of title has been given or executed by lienor or in connection with any material, appliances, machinery, fixtures or furnishings placed upon or installed in the property by lienor. Signed, sealed and delivered this day of , 20 Signature: Title: The foregoing instrument was acknowledged before me this day of , 20 , by as of who is personally known to me, or has produced as identification, and who acknowledged executing the same for and on behalf of said corporation. He did/did not take an oath. NOTARY PUBLIC SIGNATURE: NOTARY'S PRINTED NAME: (My Commission Expires) C:\Users\ABruce\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\9J3GV1RV\1263CDD_11_Exhibit F.docx EXHIBIT "F" CEDAR HAMMOCK CDD WAIVER & RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of $ hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through to CEDAR HAMMOCK CDD upon progress payment on the job of CEDAR HAMMOCK CDD of the following property: Project: Contract#: Pay Request #: Invoice #: Contract Amount: Reimbursement Amount: This waiver and release does not cover any retention or labor, services, or materials furnished after the date specified. Lienor hereby warrants and represents that there are no liens or claims by third parties, including, but not limited to, laborers, suppliers and subcontractors, that could be asserted against the property due to lienor's improvements to the property through the date specified. Lienor further warrants and represents that no chattel mortgage, conditional bill of sale, or retention of title has been given or executed by lienor or in connection with any material, appliances, machinery, fixtures or furnishings placed upon or installed in the property by lienor. Signed, sealed and delivered this day of , 20 Signature: Title: The foregoing instrument was acknowledged before me this day of 20 , by as of who is personally known to me, or has produced as identification, and who acknowledged executing the same for and on behalf of said corporation. He did/did not take an oath. NOTARY PUBLIC SIGNATURE: NOTARY'S PRINTED NAME: C:\Users\ABruce\AppData\Local\MIcrosoft\Windows\INetCache\Content.Outlook\933GV1RV\1263CDD_11_Exhibit F.docx EXHIBIT "G" CEDAR HAMMOCK CDD CONTRACT CHANGE ORDER NO. Project: Contract For: Contractor: Conditions: The changes described herein shall be governed by the terms and conditions of the Contract and shall not in any way after the terms of the Contract but shall hereafter be a part of the Contract. AMOUNT ITEM NO. DESCRIPTION: QUANITY UNIT UNIT PRICE (+) (-) Contract Time Prior to this Net Increase/Decrease Change Order from this Change Order (+)_$ Net Increase/Decrease Contract Total Prior to from this Change Order Change Order $ Current Contract Time Current Contract Total Including this Change Including Change Order $ REASON FOR CHANGE: ACCEPTABLE TO: _ Date: Contractor's Representative APPROVED BY: Date: CEDAR HAMMOCK CDD S:\Jobs\12xx\1263CDD\Contract Documents\Exhibit G.docx it f axe �M. FORGE WENN INNOVATIVE ENGINEERING SOLUTIONS Report of Geotechnical Exploration PROPOSED BULKHEAD WALL REPLACEMENT PROJECT Cedar Hammock Community Development District Naples, Collier County, Florida 34112 Forge Engineering Project Number 2893-003.01 October 30, 2018 • J Lr� � F V 3 ,w t L Jf . ", ryt,M • S. W` is ,� tl . ret # r � ;.i11; Table of Contents Table of Contents ii List of Tables ii Purpose 1 Project Information 2 Site Conditions 2 Subsurface Conditions 3 Laboratory Testing 4 Evaluation and Recommendations 4 Bulkhead Walls 5 Bridge Abutments 5 Bridge Timber Piles 7 Additional Services 7 Closing 8 List of Tables Table 1: Generalized Subsurface Profile 3 Table 2: Laboratory Test Results Summary Table. 4 Table 3: Soil Parameters Summary Table. 5 FORGE INNOVATIVE ENGINEERING SOLUTIONS October 30, 2018 CEDAR HAMMOCK CDD 8660 Cedar Hammock Boulevard Naples, FL 34112 Phone: 239.354.1175 C/O: Inframark Mr. Justin Faircloth—District Manager 5911 Country Lakes Drive Fort Myers, FL 33905 Phone: 239.245.7118 ext. 306 Cell: 239.785.0675 Email: Justin.Faircloth@inframark.com Subject: Report of Geotechnical Exploration PROPOSED BULKHEAD WALL REPLACEMENT PROJECT Cedar Hammock Community Development District Naples, Collier County, Florida 34112 Forge Engineering Project No. 2893-003.01 Forge Engineering Inc. (FORGE)is pleased to present this report of geotechnical exploration for the proposed project. We have completed in general the services outlined in our re-revised proposal number 2893-003.01 PRR dated August 6, 2018 and authorized by Mr. Justin Faircloth the following day. This report presents the project information provided to us, the findings of our exploration, together with our geotechnical evaluation and recommendations. Purpose The purpose of this geotechnical study was to explore the general soil conditions at the subject site for the Proposed Bulkhead Wall Replacement Project and to provide geotechnical recommendations for retaining wall design. Environmental assessments or other studies were beyond the scope of our services. PO Box 113040-Naples, Fl 341013 230 514 4100-Fax 239.514.4161 www.ForgeEng.com Page 1 of 8 Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30, 2018 This report has been prepared for Cedar Hammock CDD, and their consultants for specific application to the Proposed Bulkhead Wall Replacement Project at the subject site. FORGE has endeavored to comply with the generally accepted geotechnical engineering practice common to the local area. FORGE makes no other warrants, express, or implied. Project Information Our understanding of your needs for this project is based on information provided by Mr. Justin Faircloth, our experience in the area, and our experience with similar projects. FORGE understands that this project will consist of replacing both the existing wood bulkhead walls and the wood bridges within the Cedar Hammock CDD. Mr. Carl A. Hazenberg, P.E., of Ingenium, Inc., has requested several specific design parameters that are included later in this report. During the field exploration portion of our services, we utilized our small boat to complete some shallow soil sampling on the water side of the existing retaining walls. Due to the encountered material being gravely in nature, sampling of the material on the water side of the wall was insignificant. Furthermore, Banks Engineering, the project surveying firm, provided FORGE with the project's existing surveying data. The elevations of the borings were interpolated and included as approximate boring elevations and stationing locations within our report. However due to no survey data near some of the borings (B-5 through B-9 and B-16) elevations, station number location, and offset distances could not be provided for this report. Additionally, some borings do not include the elevation information. Site Conditions The site is located west of Collier Boulevard (County Road 951), and south of Davis Boulevard located within the Cedar Hammock Development in Naples, Collier County, Florida. At the time of our exploration the site was occupied by an existing residential community that included a golf course, a large club house, several lakes, both single family homes and condominiums, several flexible asphaltic concrete pavement roadways, and various utilities to support the development. The borings were completed in several different areas across the existing golf course portion of the property, where the existing bulkhead wall and bridge structures are present. The properties to the south and east of the subject site were also occupied by golf course communities which included Naples Heritage and Forest Glen, respectively. The property to the north is occupied by a commercial area. The Site Location Map and the Site Vicinity Aerial Photograph provided in the Appendix of this report present the site relative to its surroundings. PO Box 113040--Naple:;. FL 34108-239.514 4100 Fax 239.514 4161 www.ForgeEng.corn Page 2 of 8 .., ;�. L�, l :, (,d0 _ (/i. ::.,-I Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30,2018 Subsurface Conditions The subsurface conditions at the site were explored with a total of 17 SPT borings drilled to depths ranging from 20-to 35-feet below existing grade. The number, depth, and spacing of the borings were recommended by Mr. Carl A. Hazenberg, P.E. The borings were located in the field by FORGE personnel by referencing features on an aerial photograph boring location plan with features found at the site. Some of the boring locations were adjusted in the field, based on the presence of the existing golf course utilities and slopes. An engineer from FORGE classified soil samples taken from the borings. The boring logs summarizing our findings are presented in the Appendix of this report. Below, we present a generalized profile of the subsurface conditions encountered. Table 1:Generalized Subsurface Profile. GENERALIZED SUBSURFACE PROFILE DEPTH (FT) SOIL DESCRIPTION USC(1) FROM TO SP, 0 8(2) Very Loose to Medium Dense SAND to Silty SAND SP-SM, SM 8 13(s) Hard LIMESTONE (Cap Rock) N/A 13 35 Very Soft to Soft LIMESTONE (Severely Weathered Limestone) N/A (1) Unified Soil Classification (2) Hard LIMESTONE stratum was encountered in some of the borings as shallow as 6-ft. below existing grade. (3) Hard LIMESTONE stratum extended to 22-feet below existing grade at some of the boring locations. The groundwater level was encountered at approximate depths ranging from 3.0-to 6.0-feet below the existing grade at the time of drilling (Approximately Elev. +7.0-to +9.0-feet NAVD '88). We anticipate the groundwater level will fluctuate due to seasonal rainfall variations, surface water runoff patterns, water levels in the adjacent lakes and canal, construction operations, and other interrelated factors. The designers should anticipate that the seasonal high ground water level will rise to about 3-feet below the existing ground surface (approximately elev. +11.0-feet NAVD '88). FORGE representatives also attempted to complete a series of shallow soil sampling within the lake on the property on August 23, 2018. The shallow sampling consisted of driving a 2-inch outer diameter metal sampler into the pond bottom with a drop weight. During the water boring sampling, gravel material greater than the 2-inches in diameter was encountered, thus samples Po Box 113040-"Naples, FL 34108-239.514.4100-Fax 239.514 4161 www.ForgeEng.corn Page 3 of 8 Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30, 2018 could not be obtained with the hand sampling method. Several attempts were made to sample the lake bottom, however the sampler could only be advanced 18-inches before encountering refusal, both Mr. Justin Faircloth and Mr. Carl A. Hazenberg were notified. Once some preliminary information was presented to Mr. Carl A. Hazenberg, it was agreed upon that the water borings were not producing supplemental information for the replacement wall design, so no additional water borings were attempted. Laboratory Testing To aid in identification and classification of the soils encountered, laboratory testing was conducted on representative soil samples retained from the borings. Specifically, in house testing consisted of visual classification, grain size analyses, -200 sieve washes, and moisture content. Outside laboratory testing services, consisting of three direct shear test of soils under consolidated drained conditions, (in general accordance with ASTM D3080 I D3080M – 11) are still in progress at the time of this report. The results of our laboratory testing are tabulated below and grain size curves and are included in the Appendix. Table 2:Laboratory Test Results Summary Table. TEST PERFORMED Sample* Moisture Content(%) Fine Content(%) B-1, 2'-4' 17 5 _ B-3, 4'–6' 20 — 6 B-6, 8'– 10' 23 - 18 B-8,4' -6' 12 10 B-10, 6'–8' 26 13 B-13, 4'–6' 10 7 B-15,4'-6' 19 3 B-17, 6'-8' 21 -- 9 *Boring number and sample depth The laboratory testing confirmed that the soil strata encountered in our borings ranged from SAND to Silty SAND. The soils obtained are generally classified as SAND material that is non- plastic in nature so Atterberg Limits testing was not conducted. Evaluation and Recommendations Our evaluation and recommendations are based on the project information provided to us, the findings of our field exploration program, and our experience in the area. The subsurface conditions will vary across the site. Should new information become available during design or the conditions encountered during construction be substantially different from the information presented in this report, please contact us so we may evaluate the new information. PO Box 113040—Naples. FL 34105—239 514 4100—Fax 239.514.4161 www.ForgeEng.com Page 4 of 8 Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30, 2018 Bulkhead Walls Earth retaining walls should be designed to resist pressures exerted by the adjacent soils. Recommended soil parameters for the near-surface granular soils encountered are presented below in Table 3: Table 3:Soil Parameters Summary Table. SOIL DESIGN PARAMETERS Stratum ' Active Saturated Buoyant Passive Soil Number Total Unit Friction Earth Wt. Angle Soil Unit Soil Unit Pressure Pressure (pcfWt. g 43) Wt. Weight Coefficient Coefficient (Pofl (Pcfl (ked (kr) 1 105 32 120 58 0.31 3.25 2 120 30 130 68 0.33 3.00 3 125 34 135 73 0.28 3.54 4 135 38(1) 160 98 0.24 4.20 5 120 30 130 58 0.33 3.00 1.) Provided friction angle is based on the LIMESTONE strata being pre-drilled and material being crushed into a gravel matrix. The above recommended pressures assume that adequate drainage is provided behind the walls to prevent the build up of excess hydrostatic pressures. This can be achieved by installing drains, using geotextiles or backfilling with free draining sand in association with adequate weep holes. Wall damage due to excessive compaction may be avoided by utilizing hand operated mechanical tampers to compact the granular materials; heavy compaction equipment should not be allowed within 10 feet of the walls. The compaction behind these walls should be in the range of 93-to 96 percent of the Modified Proctor maximum dry density (ASTM D-1557). Bridge Abutments It is our opinion that a conventional shallow foundation system may be used to support the proposed abutment foundation. We estimate maximum settlement of less than 3/4-inch and differential settlement less than 1/2-inch will occur between the abutment structure and the pile supported bridge structure due to maximum wall loads of 2-kips per lineal foot, using a maximum allowable soil bearing pressure of 3.0-ksf (kips per square foot) to design the foundations. PO Box 113040-Naples, FL_34108-239.514.4100-Fax 239.514.4161 www.ForgeEng.com Page 5 of 8 Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30,2018 Due to the primarily granular nature of the subsurface soils, the majority of the settlement should be complete soon after the footing is cast and fill is placed to construct the abutment. The settlement estimate assumes up to four foot of fill may be placed onto the foundation and that the foundation soils are compacted to the minimum required density stated below using conventional compaction equipment. Foundation Design Recommendations The following list summarizes our foundation recommendations for this project. • All shallow foundations for the structure should be designed using a maximum allowable bearing pressure of 3.0 ksf. This bearing capacity assumes the foundations are bearing on compacted natural sands, or compacted clean structural fill. • The minimum foundation width should be 16-inches for continuous foundations, 12- inches at the base of turned down slabs, and 24-inches for individual column footings. • The footing bottoms should bear at least 16 inches below finished grade. The bottom of turned-down slabs should bear at least 12-inches below finished grade. • The foundations shall be designed in manor to protect them from being undermined. Site Preparation Recommendations We recommend the foundation and earthwork specifications include site preparation sections similar to those presented below: 1. Remove all surface vegetation and any other deleterious material for a distance of at least 10-feet beyond the perimeter of the new construction. 2. The existing ground surface, shall be compacted until a density of at least 95 percent of the modified Proctor(ASTM D-1557) maximum dry density is uniformly obtained. 3. Due the foundation's proximity to the existing lake, a sump pump may be required to allow optimal moisture content to be obtained. 4. The bottom of the footings shall be compacted until at least 95 percent of the modified Proctor (ASTM D-1557) maximum dry density is uniformly obtained. The test frequency shall be at least one test for each footing excavation with a minimum test frequency of four tests per lift. 5. Soil backfill shall be sand with a Unified Soil Classification of SP or SP-SM containing no organics. PO Box 113040- Naples, FL 34108-7.34 514 4100 Fax 239.514.4161 www.ForgeEng.com Page6of8 C . iiC. n Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30, 2018 6. All soil backfill shall be placed in appropriate lift heights based on the compaction equipment used (e.g. 4- to 6-inches loose lift for a walk behind roller and 3- to 4- inches for a plate compactor). Each lift shall be compacted until a density of at least 95 percent of the modified Proctor(ASTM D-1557) maximum dry density is uniformly obtained. Moisture content during compaction should be maintained within -2 and +2% of optimum. 7. Field density tests shall be made after compaction of all backfill or fill to verify the specified degree of compaction is obtained. The test frequency shall be a minimum of four per lift. Bridge Timber Piles It is our opinion that soils encountered in the borings are suitable to support timber piles with allowable compressive capacities of at least 10-kips within the top 20 feet of soils. This assumes that the piles have a minimum butt dimension of 12—inches and have a minimum tip diameter to 10-inches. We also assume that piles will be driven with a conventional pile hammer. Different lengths may be required for piles that are predrilled or jetted. In addition piles installed within the water way will have similar required embedment depths but overall length will be greater to achieve pile cutoff height. We understand that the Association is obtaining proposals for a consultant to design the replacement bridges. FORGE recommends that the pile contractor consider using metal driving tips for the piles. Based on our limited water sampling, shallow gravely material is present. The existing material is likely to contain sporadic boulders with sharp edges that could split driven piles. Additionally, it is believed that the hard LIMESTONE in the middle of the bridge crossings alignment were likely removed during the excavation of the lake, however there may still be some hard rock present near the embankments. Due to this, some of the piles may require pre-drilling of the hard LIMESTONE stratum to achieve sufficient embedment. Additional Services FORGE should be engaged to review the project foundation plans and earthwork specifications. We would then suggest changes in the specifications so our recommendations are properly interpreted and implemented. FORGE should also be engaged to monitor the foundation installation program, complete the construction materials testing on this project, and visit the project during construction and mass grading to observe the site conditions encountered and the construction techniques used. Our observations would then be compared with the parameters used in our evaluation. PO Box 113040 Naples, FL 34108-239.514.4100-Fax 239.514.4161 www.ForgeEng.com Page 7 of 8 Repoil of Georechn cat Exploratio,; FORGE Project Nc. 28g3-003.01 Proposed Bulkhead Wall Replacement Project-Cedar Hammock Development October 30, 2018 Closing We appreciate working with you as your geotechnical consultant and look forward to working with you on the remainder of this project. Please contact us when we may be of further assistance, or if you have any questions regarding this report. Sincerely, , , „ � ,,,,,,,11, Forge Engineering, Inc. D P N Certificate of Authorization No.7544 grP G E N' '�-� SF'•F9 Q'. No 42644 7:121-• STATE OF r14/ Robert J. McGinnis, E.I. /ONA�E0%0 Richard P. Lundberg, P.E. Project Engineer Principal Engineer Florida Registration No.42644 Distribution: 1 —Addressee(via e-mail), 1 - Mr. Justin Faircloth (Inframark-via email), 1 —Mr. Carl A. Hazenberg, P.E. (Ingenium, Inc. -via email), 1 - File Appendix: Figure 1: Site Location Map Figure 2: Site Vicinity Aerial &Soil Boring Location Plan Boring Location Summary Table Report of Soil Borings (Sheets 1 through 4) Boring Logs Key to Boring Logs Classification Laboratory Tests-Grain Size Curve Laboratory Tests—Direct Shear Test Results PO Box 113040-Naples, FL 34108-239 514.4100- Fox 239514.4161 www.ForgeEng.com Page 8 of 8 APPENDIX Figure 1 : Site Location Map 9 101,-N-r of I rgno,, Q SUBJECT SITE (Approximate location) Lely, N;apl Ds1Root ,,Ilii,; ., !i 11 ' PFWaYdln lnjvt Image from Google Maps. PROPOSED BULKHEAD WALL REPLACEMENT PROJECT Cedar Hammock Community Development District FORGE Naples, Collier County, Florida 34112 FORGE Project Number 2893-003.01 INNOVATIVE ENGINEERING SOLUTIONS October 2018 or z ,4 1/V M.yr to eu R �. a / . rrGi s `>- 0 .....____,...4.„--_, t v way Ii U o -. 4 n J I W (9 VJ ■ir■� •s '� 3rpak {x R I...,, �3t.yd w.. (0-.--`w in goNm a t < f - , ia /- , , --„, , 0.. .; . ------,- ....„ 10 - , , ... ..„,.„... ., . , , W $ , ' ), , # 8, ' , > ".""*'''...."—'"-- '—'''''''''''.-.... - 1 ' '''.04.44'„*.' 4,... it,--4 ,../7160,cii,wirweivit6Pisa -11 .. ..4. •,,,, ,- , a . • titiii,„.., ,..,„, 9 .. W ' t D 0 FORGE C, INNOVATIVE ENGINEERING SOLUTIONS BORING LOCATION SUMMARY TABLE CEDAR HAMMOCK BULKHEAD WALL REPLACEMENT FORGE Project No. 2893-003.01 Approximate Approximate Distance Approximate Offset from Station Boring Number Elevation Station Number* location (ft. NAVD '88) ft. B-1 SL-15/ SL-16 +14.5 7 B-2 SL-21 / SL-22 +13.5 7 8-3 S-1 / SL-2 +13.8 10 B-4 SL-9/ SL-10 +13.5 15 B-5 - - B-6 - - - B-7 - - - B-8 - - - B-9 - - - B-10 SL-56/SL-57 +14.0 5 B-11 SL-67/AL-68 +13.5 12 B-12 SL-74 +13.0 10 B-13 SL-44 / SL-45 +13.5 5 B-14 SL-23/ SL-24 +13.0 5 B-15 SL-6/SL-7 +13.0 5 B-16 B-17 SL-20/ SL-21 +12.8 5 Note: Station information was previously assigned by Banks Engineering in the provided survey data. Offset distance is the approximate distance away from the existing bulkhead wall. See plan for boring locations. Page 1 of 1 PO Dox 1113040- Naples FL 34108-239 514.4100_.Fax 239.514.4161 www.ForgeEng.com N�NFEETINpvoS81 E►-EV PO. o 0 6.1 Ui Ila cn W 1N cri IA IAA.�9oD *.. 4. w m 0 � m . 11 10 �^v 01110 11O 1� I 1�=' 1 Z r w"•`"�a,,4n .., 1 O w 1� 14.ICI p y X: 1 irnW ''x`g 1p 11 03 n ^ \oils 11 - �� Z o rn 0 V. ., .. 1 *ijl.Ii.. , 03 o� c .. •,,,,, 1 In I � II A IA IN IN1� ?'mya C) „: ft ,4,„,, N 11 IP IN ii• g. mpD'�+ 1 8�g .,o0 10 1 0 e 111' 1 p 1 1 ' � � _ 11 p 1N INSt W1�ZS st g'P°_ I; l71 1 3 2� 1 Q 11 O 1 p j 1 rr .` J r 1 1 - .'K T v. l U' „ rt t 1 0 ; 111= FEET �NpuD g81 o 11 E`EvpT1pN IN ELEVATION IN FEET(NAVD 88) ,, . � : 1111111111 ill II 111111111IIIIIIIIIIIIIII 1 o N8 6 a 8 v' 1 r 4 IC IA IN RD Ii I� Ira 12N Z !9p�a � 3 z• °r°rn z 0 4 N- tl, yf'yf_ `31(4 N Q ^ vo O IN IA 101 ? N IC* Io IN log Z Y, I n ' roaD 100 o ma . o=ffm 3• O N * am , ?..=f1),..,, ` O l n� ® 14,o 0D- r. N ON me 00 r. Q) IA IA IA IW 1113 I, Ip1 la1 Ieo 2 m c 7°3v 52 -ri amNd, y II P S `�0o n m UI N 0 Co IV colIto 711:o tN tIt3 174 z m k, I 3 v o- 2 O �q ,„ a. 4(ppC�� oa OA 0 ti` G N m N C =.N fp\l0 3 z .n 'fl rt, .N: ._. O n OO OO ip „m D D ' , . ) ,. ),,.. co ciI 1 Ii I I IT I I I `1' 1 I I I T I 1 I I i I I 11T1 I I ITI I I ITm � _ � A) D x K° ° c z ELEVATION IN FEET(NAVD 88) OD re zmO0C -1O R. c o O Z N � m0 Z m0 2D ° DXm O Z>0Z > oa� cm • 171 oD mox73= Cl) xim 70Zxm � mm c' 6 o -IF � �73 mm m oDFm ° ELEVATION IN FEET (NAVD 88) , _ O Ur p [P ON 01 0 fT1. O IW Ito 1^I ler IN IA Z I IA p v '134!m� N 0 A O 0 O © p ,,,o c I Pt. I� Iw I, RI_- ., . Irnlea2 D Z 0. M 40". ro E r^N f/� s3 � 'Or- ' o v w,' r cn 11111111111111111111. IA IE IW IN I� lea lea Z m c 4�poo 1 f r O © 7`° C) . W c x ��p 1-, 7-13- IA Z F- xt c l0 Gp IA IW IA IA 10 IW N Iw A 3a cn a QEv 03 ..i D-3 +m I� 0O G o O 01 o O 4l O' Cn O 1 D (/) �2 = no D [D -u x K co o x ELEVATION IN FEET (NAVD 88) ODxg c2 S Dm -AcwG) )CD zpziocn -+ cn p - N moo 0 = � Dm Z p D liSP 70 y C) cn 0 �rT'w _ = mom Tr, 5 Z o m m xim ELEVATION IN FEET (NAVD 88) N . O Cr p (T O (NT O O o NA KC IN IA Z A rga � �v � m g m-,. N 9-3 0 © ® Q we N-0 t fk ,,r-- , -,,,A.....,:,_. -. 0 m J Z IA I� IN 'coo N I� A D '� ., . ` 1111 .o � m °' a—m w g.=t .r N m 3 i CO o3 ��0 0 r ,: W _ N s� 0 C s� w F to 1. i ' W A IN I, I\C43D ID Z 3 D c a X z. (J7 1 e;t i,. ' ip IN IA IN v O 0 00°° m d ''' ' i J T;07,:t., Ito IN i;s1,1701 r 1IA IA 9 ❑ 1111111111111111 A I? co 4'�v m N R1 N. 4r a- _- w o 5 O -n O O co Gl n r ' N O 0 • N Ql -C-I - > E5 -c0 ELEVATION IN FEET (NAVD 88) O D Z 73 O w -1 N K > Z N DI -I Amp� = � 0 m 0 O >* 0 0 A -I > cz D0 �mcom rn ul Xim - z = T 'O� AKA mQ x 0 D F rn III � R Z m ✓ O �� < < �� to to h 0 Cb (13 m N ra m a y fn w = = 3 3 3 K a a 0 CL n t t zz Z 0 m CD y ° o v o b ; --1o CD ' o z N = m m m N rn •ai `g 0 N = 0 0 cnC, u Ai 0 1 1, <1,4 a c — a ra a 3 o.I? R. F v o a a f 5 E s CO -0 m + o_ { a ° _ 3 R _ n m 0 f9 3, d '5 A 3 m m u=i rn m A n m n o °o y 9 g G G m p � m 'Z o 2 a K 3 L - lin IN 11 II IN Q N Ii T o , �, Cn p m Groundwater 3 z m CT °' K N cn Unified fD 3 AASHTO N n OD cp co eL Cs) tID t1Y Mk AR MY_M Mk Mb MY MY MY:MY clis Mc M M cillic tM N Mala IN. lkSymbol O =� MU SIM *Ik SIU N MY die r0 M alk-*Mt.***t M**MM M 40 IN. • . — , W p1 co W W N A A W Z 0 3 cn 3 a a 0 o O "e a a r a Y a a 5 z O W a Z S ye s O m (D o Q S A O a tl N v o w Water Content,% 77,1 CD 7 in Fines Content,% o a C o aOrganic Content,%CD S' -1 Liquid Limit,% , a Plasticity Index,% CO W Time Rate of Drilling 03 N L. R.,..N au O o 0 Z 'T1 " a • O p IO IU. O toco . IO IN 0 =' ID 1 < < G Y r m r cn x a s O ▪ D 0.) r a: co K z z 0 CD m cn o o a o 0 0 N N 1 r o 1 N m ? d5.- -,.(Q CO m Y rt co C') w m. Co M of a a = G a o c o E N 0 m � � an gl. Fa (N� m m I a F ro n 3 1 57d o Z 3 m 3 .°33 io rn O IN IN AO IN W A A N Qr Q N ia (D 3 N w Groundwater 3 z rn m3co co • CD co co co United K 3 N NCo AnsHTO CO p., CO p) 4 !16 U aakP aat .41..41.P.11g.11g .II.U.II.*MMUaM .II.+.II.M a4I.lt Ilk ak MIlkP'MakM 3111>3111P Uak aawP 'OP M •• •• •• •• •• •• •• •• •• •• ••. > yI Symbol OO i W N o p 3 CP m ri o A rn T Z 3 Oa 4 c o C) ., 4 s a e r z c z —C c X s o ° CD =T N CD tl W a Y v 8 Y v a 0 + m 0 0 OW Water Content, ,-. 7r O p Fines Content.% Z ° C o d 3Organic Content, N Liquid Limit,% m Plasticity Index,% N CO W No m Time Rate of Drilling CD N 0:, a (minutes:seconds) 00 O ` • IO IO IG IO O IN J- '..1 - • • ,t3 3 m a I.,'n O 5 O o•11 0 m m a m (� m m • • r_ r D CO D O Z Z z - m -m4 Q o oe 3 Z z r 2 M m m of • rn .7.--. O c N CD Z N Q m.N 0 - N .Z e K F =- R- a o 2 g m (2ag 321 Q m a d a $ o 3 g n g A S'-'.(1:1 m 1 N 3 m 3 m 3 amw a n o 8 I. CJI Ur 0 • a O 2 3 @ • K 3 ° w cr • IN I� I� I� Ca 0 O Om Groundwater Cr Da co Unified 3 CO r AASHTO Mk M M.yle M rlk lk.:1k 1k�Ik rlk MIe gllr •. — — — M rlk M+Ik MM M rlk Ilk • •: Symbol Or M *Ix 4k M lir IP Mt+M.*.:M 1k M.M .. .. .. .. .. ..... .. .. .. .. .. .• .. .. co cu N • p W °� tJ. A m r W Z •o a 0 a x Y v1••• CO ° 2 V N Q O • a ED W _, • v OQ 5 L I avr N o • COcu g IV Water Content,% O COr o Fines Content,% o m 0 Organic Content,% Z Liquid Limit,% m CO Plasticity Index,% D) °, o Time Rate of Drilling • o $ if" c oo (minutes:seconds) Z r11 o OO IO O IO IO IN D_— S aO m m m m o <ii r 2 •2 •2 2 ° co n2i g g m m op. m a N oc i— r- co co co D O K , Z Z Z Z v CD co v v v v co CD o 11o _" m m CO fn Cr? to m v K = = 1 co CD ^p N 8 v o N co I n cn co co S S S OP v m Gn e. w Q r3 ,7] a a- cu r c c v A o o m 9 9 co 3 T S on, ul m Zi o '0 3 H o ? N s x O m _. a g H N O C T a 3 3 O 2 O u P 4 3 IiN IIN llr Z =Ccr D _ o 3 z co Groundwater N D7 v Unified N C) 02 Cp AASHTO CO p" cojMla+IF Mh+Ik N M MM N• sM N-i1M fM+1' M►.+yI�M M+Me Ak le *Ik *Iilk e1M V. 0 alk Ilk elk •• •• •• •• •• f• •• •• •• •• .. „ ••• S O I . Symbol *M .III. 1.11. elk CO CD N O 3 A N N A N N e0 W Z -' 3 r-) .. a r . O CO s F C r ' z T s c (D w co v d e a 1 O L O O Coc) 0 Water Content,% (D 7 0 CO Z Fines Content,% a C a 3 6 Organic Content,% y A. Liquid Limit,% m E. to co Plasticity Index,% G) O co NO A P. Time Rate of Drilling o G (minutes:seconds) 03 V Z � W o IO IO N J a, o Ig\I, to IN I o fn 0 o o \ ..- .5. \ d v v T1 m m — Fri - O D y O 6n, co m co < to v g 2 0 m co -t a CD o z d Ca Lij (D to Z m ...i z rn I N, m m m m N _ \ Z n C) '6] m O m V A. z \51. ai a a o W Itfa � '.-icd. N `8 - a B . — H r - m I. re a ii m - o o � Is m r_ -p U p co Groundwater Z C iS CO v v Unified � 3 GI -'• (D " ow* 03 a) AASHTO *s.*.fk wR IR yr w M. 4* . ' . .: M4* Mk !RM * * C I Mir Ale rSymbol aR r.« . 1R lkaw:* a•* .w a.aw 41.AN sR 4*4*4* * * * CO SD a, N T Z O 2 01 A N 01 T O O .� 3 Y O Y V a a Z C y V x v CO N C O N C Y v T w m C z a CD o �, Y p O Y O 1 Water Content,% p0j O CD Fines Content,CD td Z Organic Content, C a 3 i3 Liquid Limit,% N Plasticity Index,% Co O o g Time Rate of Onllint CO (minuta ndS) O co N, a cn CO - Z TII� ^ 2) O Io to Io rode to Io ib to l,, N mm m m m fm W ITN z e 2 2 e a Er e a TI cn °� °� os d m 3 m 3' a • M a 1 ° 1 I- r r D D n D D O CD rn m m a a a a a �0v, O O O F °e i z z z K D. m m m at Co W. v W CD m -c m' o 0 J N = ^ e G CD N n. Tti rn Q w 7 N .Z e E S a a 3' i5 m er a o- v Q v Qc a on o v m . 5 o m n m < of 3 o 3 3 3 94 S. y m o m m y x N E.- r a 8 0 a c a N C T 2 N o z o `< 3 6- 3 mm O 2 a- O_ Z n r -1 C O O Groundwater 3 z ti m Cr a1 g N v v v Unified K N 00 al AASH TO Ca C�. a) * Mk eye MK Mk it...10.MMk* MMk*der alt MB * Mk. ak Mk Mk Mk Mk Mk . • . :e __. _ J _ _ _ ` _ __ _ ,.• .• .• .. •. � kMkMyk—.— .. .. .. .. .. ..... , Symbol OO i alt* Mkr*** MK Mkelk r*1,140 Mk MM M k'M * elk 0Mkrilt*eM M* M* Mk •• •• •• •• .. •• .• ••: O 3 W A N 0 W m N r N co Z 3 o ab G Yt. w ° V g g s r s o Cs c Z S a oET CO CD o 0 O- o o 0 z 0 a co 0 0 0 03 w Water Content, r. Z j CD 7 • fp CO Fines Content,% g Z d c a 3 o Organic Content,% m CD Liquid Limit, c U co Plasticity index,% A co O Time Rate of Drilling 0 6 m rn 0 0 0 0 (minutes:seconds) CO 0 -III 1 �o o Ia Ion o to to I n ' (D 1 o i m g a 0 3 o r N x Z i2 •2 a. m a '4 m rn 'T1 0 g m 3 3 m o ill a 0 a m ea (Q E r_ r_ to G) D D O -ri Z Zi) m CD a) (mn w m 0 0C oN. CD p 0 0 r 14 g —S z z z K m m m o) (0 (1) to m .+ j Ci) 61 7 70 t)) n 0. a � n 0 O D N y N n C) M. El u' O 3 a, H eo u. P:iii o R a .0 - - n K < ni = J' R. C) I 10 m v m 1 g. o m m v 2. a m m 1 H m 1 CA I n o m mm r R J 2 a id N ] m ,H not v rn N m N m 5P.. d F " v N � o a d v _ N o d 8 5 3 p d o a r 8 S o (T C T J '+ N N O 2 a ff(iiT�� J P 3 m Cog O m iS O ? z o O Groundwater 3 z �° tT so • CCD 3 f N 9 Unified •• I 3 N C) co AASHTO (p d CO N M alp M M.alk*Pi 40 Mk elle Nr M alk Mk SIM dk+Ur NM MP+'1MMr alk 2 2 IP 4P 41.... .• * * * x 1.7Symbol ....e .. ., .. u, FI O = 41.Ns 40 rlk OP IP N ally alk alk M alk 41 It N air 41.dk IIr AP It ilk Mt aM alk—i - * * * * •r •• 02 0) N N O _. N A m A N co O N O CO Z 3 0 tl Y O T ' y s Y i S 0 Z o Z C tl 7ti, tit c F (D to oal Cl- ' a a e o a o z u ++ o cOO Water Content,% CD 5 r 0 Fines Content,% 01 Z @ 3 ry o n. C Organic Content,% Z Cr CD Hil Liquid Limit,% m N C CD Plasticity Index,% N 7 ro O v m 'a c 4 Time Rate of Drilling 0 0 0 0 (minutes:seconds) co Z 71 \ \0 / §f rj / / \, J, ' - \i m K , \ / E M m , - / k \ CO k >Z 0 CD Cl) j 2 0 0 0 \ \ / 2 z z z I D m m m , Cia @ ® k ' \M \\ § \ ii \ / o £\ Li. ( 7 ( � a * , CA t ! s 0 [ 1 5 } g ; _ } a !_ | o a / ■ l ! Coa / 0 % -. \ ) 3 / / � ao 2 Z \ 3 z§ 2 m_- CD / Co ,0cn o Unified 2 % / AASHTO 7 ? ® . ,Ilir$. . . . : /\ \ s w *¥ _« ® *-�- - -**. ¥ _$ 41.\ .R I Oa\ , ; , 2 k m © « z , , , '' ° 2 . c , 3 / ' , o \ k0 Er Cl) co In CD % E § 2 z • 8 _,�:% / k % m_�r% ' CD k Liquid Limit,% ! Plasticity _»s \ CO Time Drilling \ 8 „ c_:_, zm -. o co 0 It'' to lc,;,' lo to 1,51 1 74 co Q m m c N B = y A 3 0 rn a O so o s N r- r r Cl) Cl) O Z Z 13 CD CO w w O O O o --IP e v —1 o o o K D rn m rn at CO fn m fn m v > m d n 0 D CD n n 7. O 7 v fi cn 2 m Q m a owl Q o- a ci d f f o o m * m -t m 1 g ID m 5. co CD 5. n d m m a. m 09- 0 n " o o. a _, m G w 3 0, m o 0 a •Dm m O < tS O ,. Z cOi r -I C O O Groundwater 3 z vi c' co W 3 3 v Unified N NCO all O d W LU MR MR MR e*MR Mk Mk Mk MIs sM..MR Me MR Mf Mk MR M1t.MR MR Mk.IN.0*MR Mk Mk;yl. a , — MR MR N..IN IN.Mk ;H ; Symbol OO = MK alk MR Mk Mk Ms Mk*,MM MR ill. MM NO MR MM MR IN.MR MM.Ma Mk MR MR.et MR MR or •• •• •• • s• OJ CD O al -, m no p p i'a ta, J - z 3 o 8 a a 5 yg g x tl o 7C s i t s s CO e s s 5 C a s g r z x z s S 5 N C�n L 5 O $ ea G v v A 0 v v W a. a C G . O s s 3 a e s � s e y s a `a a s + + 0in � CO Water Content, CD 0 (a r 7 z Fines Content,% o C i3 Fir 3 Organic Content,% `Z CD Liquid Limit,% N CO Plasticity Index,% N A co 9., ;. N a to a Time Rate of Drilling 0 0 0 0 0 0 $ (minutes seconds) 1 O o O O O Z _ _ a -0 0 to to I� to �o Io o o lo < N cn r < < 83 IF M ' a co (C)__ r r r r D D D D O M m m m Z z z z v (p CO fn fn co 0 0 O 0 cn ; —1 z z z z r D.Dm m m m co (Q co. cn fn fn v nig CD C1 0 CO ID N O Na, @y d G = d o j 1—. Q Q O O ° U) m m T • o m mW. 'w m' N p N R. N co m dcn nm N .2 r r m d (11 g. ; a a.oo ? a a oN r o g m 0 2 a o m o �P' �•ro kn �? "' Im i°° to w a m m Z n —1 C .+ O 3 Z w Groundwater N co N co 1) i N Unified g N CO CDD AASHTO W Q r d .Nr.••••M Me M** 411E SIF M * M Me*Mk Mk Mk Cr -- — — M. yle IM Ik+IR+IR Symbol I sr w+ ss ar ao .s rlle � • r t.w aR ak Cr.) Cl Q A W V o. N A 03z _1 3 o a a a b 0 a a a Q 3 i C a o a z a X a z ro Q " e o E CD 0 LV u m Q O O N O O CON 01 q U Water Content, CD N • Or a. Z N Fines Content,% o ci C v a a 3 S Q Organic Content,% q CD -1 CD Liquid Limit,% m C 3 N CO Plasticity Index, IV N n'> w m Time Rate of Drilling O O o 8 8 (minutes:seconds) ,J O OD r O — m vv o p O to CD < Io O tZ 71o m a $8 co qq c m N o ro N m o S CD n m m O r Z \CIS). v v Ir miZ a an IRm CD (D z 0 --s m m I Q N w �' ; "s Na. Cn = uq. n p I 7 V N a O fi P a a` a ra I I' rT 54 ma , m N pS m ;4 d 7D 5na F m N O a • G NN O c T K B a'C— 70 + + t0 (J N m w lin I� it N O. In 15i Es' O. Groundwater Z n m G Unified Q N cn v N AASHTO N 0 i Ngm oig ik 40.10 40'40 dig It 40 sip 4*40 Symbol 40 4 0 40 40 4CO a 400 air 44k 440 40 40 00 40 40 40 00 40 •• Wz Q = v N m T W SD 3 a o, " O 3C 5 o 0 Y . y, N n Y Y Y o Z CO V V N O Y ':i O N C b o m Y 8 t Y b Y O 0 Q O , O Y ` Water Content,% dco CD D 9, Fines Content, a aO Z Organic Content, C a 6 Liquid Limit, CD 1 Plasticity Index, CO Time Rate of Drilling N ''''.0. N (minutes seconds) CD W o N � g S o O � J 0) O / j 2 § r r r kt 7 / \ \ \ con a k / a ƒ 2 2 , § , i rr, / = § cl: 00 r- r— 1— ® § ° CO CO CD \ § 7 ] § § § $ / H a a m 9, k 2 2 ` K = m m m o Co. Cr) E � 0 7 D \ I \ ) \ 7 g e# 1 < < k / n I { _ } ! i / co ( ! g ( - £ 5 gi % a k ƒ - � j � / 9- 8 @ ceA 3 © 2 g et § \ \ ( } § ) 1-1. & it. 1:- L 4 o- ± / / ( ta < Groundwater Cr 21 k 2m Id -o »m % 0PASHTO7 / _«i¥ ¥■#a.+ : ## ilk * «w:.R R :; ..��._�._ ._ mxa--_mmw +wy sw R I k* _ *_«*6_a_�. # 4 ¥¥■-6 *,w xww ., / % a, ... , \ C. G J. , , ; z ] / .r. ° - . , _ , . C V0_ . z / 0 , m i.., ! 0. ° E / CO Water Content,% E 4 a 0 =a- Fines _% g gi \ Organic� % ' CD 2 Liquid Limit,; CO Plasticity !% ,7, § Time lio \ — 88 8 (mIn utesm® 03 Z TI 0 m -0 o ƒ - r ( r 1 74 m- ai w } / $ \ $ a 2 2 a } P. 71 I \ \ ; i ; / # D , , 0 , , D 0 k / CD / 17 w < Cr) $ / CD z zo F ` � / co @ o m § ~ / io M. ` / \ •0, ■ g �01 / 1= | $ 2 # 0. ! } 3 ( 7 k § ° 272 \ \ gi ak ( co % CA/ ƒ ! } # 2 \ ; VD C3 ■ f - 2 ! ! \ § _ / \ a � k } _ \ CO ! I \ ( 0 p ¥ \ ; " n \ . rn - = o in F \ § ] Groundwater% / ° / ; k Unified % / AASHTO Cl)CD �: : : : \oik k glir Ilk MO/ } / \ )\ Symbol o ¥'OaI / * .• o Ca e § 133 , 0 ® 7.--, - ] o . . ° . . . ° I , . , C { / T. � ƒ Cl) g % 7 ( \ E CO , Water Content,% _ 4,§ z \ z -4 Fines Er Organic Content,% t• CD / 71 Liquid Limit,% ! CO Plasticity % + / e/ ._,e Drillingg 01 K c_:�_, 2 0 / & ( t G - 0 $ / k \ e. % \ / co . m , o , r , c r , ¢ rr r \ 2 k \ �` 4 q Ill ( § k 3 CD \ c)--1 r - ,3 CO 2 z n i @ ¥ ® !( - O p !ELg; 0 @ ) k r g 7 2 el; iii k § ,° 2 §% LII $\ ƒ \ I / } 2 | I p ƒ § ) ) E _ » � • o --i m® _ Z \ \ ƒ 2 co Unified � 7 2 «o IV 0 _ +k #*111*«-« #alla aa. f/ ' {co (D & � Symbol _�_ _ **__:�—«_-- ®®+--® ea *a alla aa®MP allc: M�*47 + K»+ �«K»» w E / , 2ro Ll, ` ^ co, o j o$ ;' ,rn C ° z N) -2 ¥ ° § / :, to a { tit, Water Content % 0 C [ \ .cam% | fa ZIT 2 Z Organic cr% a. • \ Liquid Limit% Plasticity_x,% -y # gi ° Time / d CO - Z -n _ e. o 'p O to to kn to to Io io S 8 8 r 111 r m T 8 I m 8 O m �° $ O rn N r r— r CO N CA CO m m D D D D CD= w m cn 0 v v o v 2 0 0 3 1 z z z p' rn rn m m CO fn w CD 03 _ a m CD — 5g RI n Q u) O N 0. a m a cr 0 I ii7 o to i m v m 0 a ua ic R r aCn7 CD a S `' dw m a r g _ to 7a m m m o an a S R.o:a a m r I 3 5cD Fr, o� D. Po 1 51 Q O V Lin N V �`O r'' w m m Z Pi -1 C z O 3 z m Groundwater Q' D) CCD m m m co m Unified N CO (D PASHTO w imn p — — .. .. .. .. .. ,. +R as r► ah .: .. .. .. .. .. .. .. .. .. .. .. .. .: .. Symbol CD = 4i, w st sb MIM ftw as s ak IR lig .W GJ 0) 0 3 A m ti N a> O Z 3 0 V a Vo 1 V ao s C. z TN 9 O- o i Otu a CLo g a 0 0 0 O co (D O 8 Water Content, 1 iv CD r PFines Content,% S • Z A FIT C a n' Organic Content, CD m N Liquid Limit,% 1 CO Plasticity Index,% N N W CO N.) Time Rate of Drilling 0 til (minutes:seconds) OD Z 11 f z / , < « \ o 4l''',, \ \ 0) cn S. \ / } 3 = ! ! m 2 , § i Z , o a \ , CL _ (a e r- (0 e \ CO ¥ \ % £ Z £ k 0 CD o CO 0 0 0 0 ) \/ —I. $ m (0 E e m p \ =c=n } 0 `\ § , k a q En A « { k ° 5 n \ k / E T w \ ( / - 2 ƒ 3 , 9 t , — i \ k 1.:"J \ ( \ 0. ,- } g ; / / � � 2 // ) co Groundwater Cr CD ° 0 u , / 2 ( $ q / / AASHTO CO 03 / *It O._ f « +¥_k .k - _ ESL± # »' / ° »\ Symbol / _ _ « ilk 411g _ + ** # + »® z/ j NJ L. / Cr, .cn 1. , ] o • . Q - 0 ` 0 C 3 _ 0 / CD g co \ \ / \ 0 2 7 Water Content,% , I a z Fines Content,% 7 — t ` %_cr i3 $ k Liquid Limit,% J e my�*« , IV jj \ meueof_m§ M« ©^ 03 Z _n ° 0 , WIco � �0 io IC f 43 -po o �^ S IAD D m m m 0 o m m 3 y (D u> x m r a a 8 S o 2 o 1 1 I co 8 4 an CL tin su I— D D O j CD m cn co m 0 0 0 0 0 y. CD p O O F ° 1 p z Ill z m co (� U' n, m .. m a. ( v a Z. 8 = o C7 0 7. v O on o 5 a $ s d g o N ? .o m < n y m - -t c < ?: m ul (n -i a �_ * m ?I 8 W W v N R. a 3 3 3 a m at o O a T m a a RC' A a o H r a. r 8 s N C T an. aN . Z a o c_ NN IN Ib IV w m W m t= 0 IV m m m W oa.5„..... Z cD C 0 O O Groundwater 3 Z N CO 0- n) 7! CD in v co Unified g N 00 N AASHTO CO Q Elf O *yk ak Mk aM ak Mk MM.Mk Mk Mk:Mk Mk * Mk, Mk Mk Mk.ak?Ne Mkrak ak :}R alit a4k .. ^ .d Symbol O = ol .111r Ilk ak at. Mk Mk MR On M 40 .11..11.+Nr MP'0 SI.an Mk Mk.1kk Min ak Ib aMElfIlli r CO CD o Q 3 A A W N foo 'O A > N W Z 3 0c 0 o .. r, v 0 Y. 03 Y 0 V v o Z C v y 5 5Q p 47 a n) s wp 0 Q ini a s p p + N 0 d0 Water Content,% A CD o r 7. z °' Fines Content, aif; c 3 o Organic Content,% .7 1 y+ CD co Liquid Limit,% m N :n co Plasticity Index. N W co r...) -. E•1 .:t $ Time Rate o Drilling CI --1 8 (minutes:seconds) CO z /Io -, le T a3"ca O r N r p N N m n o SI' y # z Sri n 0 y < 0 8 88 8 s _ CO -n 3 ° 48 ‘•-q . '71 u , 9- 8.O-O wOO.,rT -•8... A W N.IZ 1° m a 5 8 r y' Z m . 3 ; g a g £ m m d a `m `$ 3 M K K N m $ a a o °. g a s m m m ro n a a m; CD m m m co m M ° 88gV3 • sn. g gm ZZ ,z5)S7'c'cccrrrrz Q.za v ? m 'g 0 3 d g 8 fa g000a a " B $ a g g rrrr g mo o ! 1 d N 3. a a. 3 7, - g a 5; m R a 9 0 0 W O O IJ m m m 0 v00 g g g m m ;e Z g = s. g8 mmmm NNNN 0mmm ; o n �i m y z m T m m m 2 m -0) 2 N gg m = m " m 7 e a a m s ; ==2 2 2 2 m m W W 0 0 71 M O W/ m s a ; " 5 w a. H 0 m m m m m z 0 o z Z m o 0 m g$ D 8 d 3 3 m as as a ap)ln � �.xN(A C�� m a . R. 54 SVC ' S y z a m— w o x' m, _ m ; 2. _ 9. m c 0 m O '8 m• r,. y <. w , m = Iu a. Z 8 m g m m <<<<< <<< "`m g 3 a a' , o» m m • R xxcncncnc W0..2 2 co co co 2,2co�QQ co co m m m W N m 3 g N m a gg d d 0 0 0 0 0 0 p 3 m n 2Z xx ,xCnfnyfnNViyU1 3 a' a m g $ o 8 1 g `•m 'i''. a .... x a s x s a x x m = 8 . " C ti f l' n w m : j y co E n 4 n m m y 8 ? a m n_ N F.°: < m O a m m g� a 3 a o a e; . . . E. O T Q. Q. m_N CDPmqq 5 n D a. R. " » 00 m 9 m a 8 ro O N 0, s < W i $$� a c S $ r 3 Groundwater fn c o a ,a , �/ d w < y.o'orpmr-mKr cncnG c § v ci. en cd y I ODZAmoDrMmD -Mm - united o g m r v m o a Y. L -1z,n Z MSHTO i= m m m r b N a m Ea. < n'TJ r ! 4 '71 O at —.. . Symbol tia E,0 2. - ZN g N of/1 3 � IIIItj! 2a ar v r 3 mn FTFT c fo m o 0eo o u .3 me n 3 3 S m 8 ' iv E. o o a g 3 m z m k f 2 g 43 n y y m �, _ m, m Water Content,% 3 o a m O ra o 0 0 0 0 o N m § r i. 8 it a d o m 8 '8 S- 3fines['irritant, V _ u S m S o 0 o 3 3 3 E " m " m - ' 2. 1 • Q - 2 49. N o K a i* o 2 o o Organic Content, r m = _ = m •. 3 o ma. 9 y m Liquid Limit,% A S m _ - g " Z n ei w H 8 Plasticity Index, a' s= � `. Other s_Li fl53I 193 .1 Ajo1VIO9Vi Percent Passing, (%) a CD 0 7 =. c 3 v o 13(0 0• > 'O d fp cca) CDf, -- < -� N Com) -P 01 O) 11 OD (0 O a 'o" — o T. 3 Z 0 0 0 0 0 0 0 0 0 0 0 co c o Fi. � cam " ° -1 O C. 0 0 0 0 0 0 0 CD C) `' nn N CD CD o v C) - 111111111 111111111 n11n111111111111111111111 111111111 111111111 111111111 111111111 1111rr1� CD oco W m O 6 N O A. 0 p "' O O O L 0 2 2 co w 47 N K O 3 3 +n -' 0 0 0 c. 75- pc- p �- 1 cn 0 c • m O c O _ _ m O co o b m; I d o pp x o 0 v .� -y = -I O p N N O �— O Z w cn 0 -I O of cn c 5 Z 5 - _ .1 c, W ° o � 7 o o� z0 Z ._ _ oma CD u,' n m 3 Cpm m 5 p cn -' — — — ; No- ° = r" a — � NNo wzX w z NO -- — — n 74i c -- co e° 00 CD - - -----P 0 11 ' n r F' Z 0, ? - .0i ..+ w ^^ -a VI A Co 0 �'� j 0 0 0 YJ A Ir 3 .- _- - A 7 P. 7 .i (n O 1� - CO Z Z 3n o a. 00 ...� _ w T � ON o (nCON Co O K p 0- * * A z moo y .- • w O , i p (JI Q N A O � = CP ./ O p = 01 O Z - — -- Vl T O) 0 N �' rno 0 c N Z N p Z ES cm b N iv, n 3 N D3 O Iw m O o o E- 3 3 Xi 13 m o O Percent Passing, (%) 0 71 7 =. 0) 3 Do 13(0 (� -3 13 w C) cu ^ m --AN W - 01 0) 11 OO CO O n. . — no iii 53 z 0 0 0 0 0 0 0 0 0 0 0 - — o zi. g— O 0 0 0 0 0 0 0 0 0 0 .. .. .. .. O xNO O _ J 6oOo) a coO — 111111111 111111111 111111111 111111111 111111111 111111111111111111 111111111 111111111 111111111 -_ -_ N NW co o O O N (7:', W N N K O 3 3 +nC) o o ON z 0 0 CT -7, O m 0 co 13 – 0 : O0. 10 W O Co W __-_ 0. o O O x o o w -b. O 00 O CON N m Z :-..1 .C71 II0 O C) IIm O z sn o) -Jo -I Z m o 7) CP 13 CU C m N N G) G) w crn COnoo �. 7 o � 1:1)-0 d m Z A pp 0 X 0 0 .H – ,O O 0 m OD O A y""0 –0 z = O y y N Z 73 w z N — 0 =ti C) o C n coco '.Op • m ori -o 11) -4 F z A 3 Ul WCAO -- a = 3 7 -1 "ItN 0 Nom ; W Z o z o � P aoo .� - , � w D .°V° cno o � N p o 0 f rn IS 3 z -p o ii( w vaso O A O 1 2 O O O 0 5 o D z zc. 0 --.__ — Epi cn O • Co -.l N di N LT1 OO _ --_ p' P. O) 1D3 O u) 0 o in Cn 0) E 3 fn p iii xi vcp 0 CD 0 M 0 Percent Passing, (%) cu CD cD aj. U) 1 13 DO c0 (D fD fD n C7 co CD —� N) W -- 01 OI -.! cO Cc O 0. - o 3 0 0 0 0 0 0 0 0 0 0 0 0 W 'c�� o 0 R (O � —' 0 0 0 0 0 0 0 0 0 0 0 O O ^) CI 0 Ca j O O\ So co co O v u0111MTnnn MMUS unnnnngW 0.U _ O N O O c - 0 2 S O pD W o 0.) K O 3 3 +n O 0 ' C1 0 O o N ' , • 2. C7 u-,0 0 co c m p �c O (D _, CD a X O O v W i O G NN O — '/Y7 1 O o GI mZ _ -r-- T y Zm m 0 m cn CO Z 5 _ Cn �, -+ c) G_) a0o 0. — — y — O o �3 � Z O Z X 0 1 N (� 0 4 3 ° M m oo —' c m p Z 2rri ao (n O _ _ I— — -, u�'i 0 r to Z _ t n C cvwo 01CD . Co - __ 0 • d D F.„ ? W (a 0 — -- I .. .. .. N m Soo z ` __ N ICD 03 Z Z j � • C) 0 m � v' O6 0 0 w Z 0 m • v0 f.) 0 0 D 43 (1) ol ivvcn 0 O Nm AAO x CDV cn o d D w Z Zzi O 0 o co O N .� O CVT 0 — — I 3 R C D3 N N L. 0 cn o di 73 -D m 0 Percent Passing, (%) a) 13 `-° D 3 0 o e co -"J. -0 a co -- m " N CO -A Cr O) ---.1OO C.O O a – o IF c30 0 0 0 0 0 0 0 0 0 0 0 �oo , o M n 0 0 0 0 0 0 0 0 0 0 0 O 0 o m m 'O J s O 111111111 IIIIIII II ITITTTITT IITTTf1TT WPM 111111111 IIIIIIITIf11I111I11 1III11111 HIM III 0 -A Gam.] 0.. 0. O 071 N-2 O _ 7. 0 O O O e O I L O S S co• - I- O 3 0 n O O 3 7C 0 p rd n co m u 0- 0 — O _ coco co (11 fD W - 1 a A X J O d W C] O ONO 0 z 63 cnN O — n „ X rn O.4z Z G) coo 111 r �° o .P 1 C C n m O 0) w rJvo0 n 30 3 cn z O A woo CD y. c— 3 m o c d Ov z i m JAo �D - 3 M ' a) --I r Z _ _ r 0 01 cnwo ^ m000 A - -i 3 7 3 -{cn O P Wpz a .-- n p K 3 o — _ - °) 0 N -.' vz al--, 00 • J� O 7' - i.) u, o Cl) – p. 0 _.3. - _ _ (i) _ – O .. 0 — z N T -. p o o 5 O m n (f) O Hz . O _ s O O n w O Off. r. cVn o —. — _ o' N 7 c D � O b 0 6 77 -0 CD 0 43 0 01 Percent Passing, (%) d m 7 m-o 2. cn 3 0 B. v m13 w m — N) W -P Ul 0) �I OO (0 O a � n o - 30 0 0 0 0 0 0 0 0 0 0 000c o 6 ai O 0 0 0 0 0 0 0 0 0 0 • , O n N n ip ` 0 NW0 cO5 8 milliNMI IlflT< C g. co• � O � 3 O O O cm n W O 0 liii m m CO cCoorow a A_ C K -'- O J O A zb P N N O 11111111O -. Ir . I n o X Sn co y N m o CoA N SU c Z 0 a cd --1 GI w coloP o o 0 z O Z A •o00 (D y n (D 3 C1 m m SO � ., 0 or-3- p Z T 17,3 N1 cvwo woo (D. OIII � c � � Z Mt Ma' Can D i z LA " 6' 0 r. .-. f; 000 Z 0 ^ O 010 0 ;D ? O `, 0 c O 01 6 o N 90 co Z >1. (1):. m N co • O N � 0su 0 :-allP1111 lu °� 0 Z cn 5 0 0 o W- im . 9. cp rn o 0 co m D CA Z 0 Z ?i ...• N O w o o d 3 C D _ OIIII 4- O (/). T mO 73 130 O Percent Passing, (%) w 3 =. (n a A m n n -i 0 --- m N W al 0) "•••1 00 CO O a —o - 3 z 0 0 0 0 0 0 0 0 0 0 0 ooc Z `D D o `O —` 00000000000 � nn N -1. O O Q 0 D QIIIIIIIII 111111111 111111111 IIIIIIIII IIIIIIIII 111111111 111111111 IIIIIIIII 111111111 IIIIIIIII N W Oo Z 2 �? 0 0 p c O co _, v A_ k N p0 N J V,, O OO NN — Z -J bI - ` - O 0T m O O .' co _ cn Z m o No :a. -v c 7J cn m m 0 z N co —I > moo C> 30 3 to Z O Z oCD MyN o m 0 mcn o � Z1 • AZA� N � oc0C oN to N o D -- . ci c w • YyrZYAW i p •••••••••. 0 0 0 0 A w-- 3 3 3 m co N ' o K a O N 3 a) 43z CD m O p -.-* C! (D cn cp • O = -a 4- Q, p CO - A O 3 _ 2 O O D. -). : : j p Ern m m Fli CD -0 Percent Passing, (%) d 11 3yo CO (n ^ m --X N GJ C1 07 11 0) CO O am M - o 0 0 0 0 0 0 0 0 0 0 0 0 v0 0 0 `n -1 0 0 0 0 0 0 0 0 0 0 0 O 71 rv00 .� W p 0 ova) m O -NI 111111111 VIM.'mnlln 111111111 111111111 11nlnn wn1111 n111Im 111111111 IIIIRITr Q -• O C1 C. O U N O _"_ - p. N O N CO O O O - D O S S -- - � °0o3 3 _ 0 0 0 O _. N J - 7 70c 70c' b) U' _ 7 fn n C 13 D 0CD 00 ocnw - - a O U~ g � w O OOO N N CD m tZ CA _— 0 _ __ 0 0 cn co 4"- N m m z o � o :� - - - — c m x 0 z _ � c� N v — m m • rno °Z n 0 0�3 0 Z 0 Z c moo �D ON 3 " m m • cc, Z2� cnv-E ma° Cn — —— —— at c. _ 07 � rn�• _ pno - T , zco ' . 3 -0 -I j CO W A - — - O ^ 4. WWII CI Z 3 — SIV) - co N z� C W O 0 �.i -� N CP -- C O N 0 rn I -,, o o 0 o N D A :, - O. Z o 0A — — =. O — m cn Eu' U1n W O Z O p NO „' O - - p N 7 a Iw al O O Fir in' 6t C 3 � 0 O � � I O Percent Passing, (%) iv CD m -1 N W Ul 07 -J CO CO O a '•' o30 0 0 0 0 0 0 0 0 0 0 0 1003 0 = o `o ma' -1 O 0 0 0 0 0 0 0 0 0 0 " fT In N O O O WW N N IIIIIIIIIillilIIIIIIIIIIIlnlllllIIIIIIIIIIIIIM1iI NNNo h O aO OO N- O c_ 9, 022 • , i K °003 3 G.) O O oO0 • j x JrJr o n co 0c m • - m O m o co w Ili a o • O• PbO - N - -i • W O o 0 0 N 00 - -n Z O 6 - 0 — • I o 73 0 m z co c 4 Z� Zm r- v, o A C c m XI n� a P. — Ncn -I 0 G) D Coo 0 0 0 3 c z o _-0 Z 0000CD 0Eo o m m 03 N 0 - - "CD V) ° (D cn Z 70 N N. O — n3in o C n cn 0 w 0 ^ 7 0 0 0 zD > CO A 3 - - r. 7 7 3 -a —. I I j (n : CO Z o Z 0 -. 'P V 00 - o K co m 7C _ 0 J CO CAN z CO �o O •O g T • � Q10 o v, = b O rnO o _� C -9 0•_,+ mA 0Cn 0 _ m D N Z u. 0 p N N CT1 00 I n 0 7 D 3 O �w v X O $ 5- cn o� E- 3 3 •lualp Aq paq!oads se '(%t'61);ua;uoo aJn;s!ow pan!a3a4 se ay;;e(pd O'Z01) :uo!loedwoj 446421 9TZZa Wisv Aq paulwaalap luaiuoj aJn;s!oN s6ulww(A aldwes wog;4eags wojaq pau!elgo 4ua4uo3 aan;s!oW 6ulisa4 o;aopd eIdwes 4o lno pauaans_nap s# ueyl 4a;ea.:6 lepaleW :saloN --- :logwAs dno49 u! 'uol4ew�o;aa Ie;uoz!�OH - - - --- - -- -- -uo14e3u!sselJ IleS --- :ana!s 00Z#6u!ssed % - - --- --- - :xapul A;!D!;seld S'0 4'0 £'0 Z'O I'D 0'0 --- - :41w11ol;seld -r- I d 060'0 - -_ -__ - _ - -- :;lwfl P!nb!l ,-- -jj 580'0 59Z :�!ne�J_ 3upad pa;ew!;83 -� 1 080'0 o oad -,1- 080'0 _ pa4n;!;suo3e. :ad�aidwes - 090'0 - 200'0 Z00'0 ZDO 0 :ulw ulTa;e»Keays SSO'0 p OLLT 666 £04 :isd'SsaJ;S-mays wnw xew -I -� T 666T 666 664 :;sd 'ssai4s lew4oN 050'0 �, , S40'0 2 ._ 0'T£T 6'4ZT S'LZT • :pd rhsuaa lIn9 lewd ----HI --- - 040'0 2 _ T'8_T _ C9T 8'LT :% 4ua;uoj a.m4s!ok lewd - j-- S£0'0 g 6'0TT O'LOT _ Z'80T :hod 'Ausuaa lewd ---1-------, 0£0'0 Z9'0 Z9'0 _ Z90 :o;ea p!o n le4!uI -=- I - - SZO'0 --. __ OZO'0 8'ZB 8'Z8 8'Z :uope4n4e5 o aa�aa Ie4ul ----- = _ a�I 9 I - - - —1 • = SW-0 8'TZT 8'TZi 8'TZi :fid A;Isua n ei4!uI -- - 010'0 _ 4'6T 4'6T 4'6T :%';ua;uoD aims:ow !emuI -- -- = S00'0 O'ZOT O'ZOT O'Z0T :pd 1suaaa 1e14!uI L --- 000'0 Z6'9ST 66'951 46'9ST :swei6 'ssej !e!4!ui -. .------ -_1 O T • 0 1 0 1 :u! '44aH Iei4Iul 6661— -666— 664 _- - - s7s'Z S'Z :u!'Jalawela le!ilui £-T-Sa Z-i-S0 T-TSO :'oN 4sal u! 'uo!lew.miaa IeIuOZIJOH 4sd'ssaJls IewJoN S'0 b'0 £'0 Z'0 1'0 0'0 000£ 00SZ 000? 00ST 000T 00S 0 —1— 0 --•—i 7 -- T — 0 1 Dos --.�.— �_._.. 005 II I 112 ! . — 000T D. —t---- — —----- 000T " 1 I 1-- 4 _ DOST ; ---- --- ---}----- 000Z T __._�--- - T ----- 000? — - i 1 I -- oCT4 = al6uy uo!loud - 005Z J . 4sd 8.81 = uolsagoa . L_.___-._L..—L- _ .I .---,- 00SZ I -- ----..-- 000£ 665T— 666— 66k— 080£4 WiSv Aq suopipuoJ pauie_a pe wpilosuoJ Japun siios 4o 4sal _ways Pa_!a pues AaAep umwq gs!Aea6'4sloJ :uollduosaa lens!A 8-9 :44'q daa --- :aI aldwes V-8 :aI 6u!Jo9 WOW :A9 paxoagD w[ :A9 pa;sal 8T/IT/0T :a4ea lsal SS 3 N d X 3 6£680£ :#X19 --- :uo!4eoo-i paio.id Du 114S9.1.00 9 >loowweH_wino :aweN naioJd 'DUI 6upJaaul6u3 96J03 :luao •;uapa Aq peupeds se'(%6'OZ);ualuoo aJnis!ow panlaoa.i se aq;;e(hod O'SOT) :uol;aeawoD;ad.iel 9Tlla W1Sd Aq paulw.ia;ap;ua;uo0 a.in;sloW s6ulwwl.i;aldwes woJj nags aJo;aq pauleigo;ua;uoa aJn;sloN 6upsa;o;.wlad aidwes;o;no pauaai s anals S#ueq;Ja;eaa6lepe3eN :Sa;oN --- :IogwAs dna9 Li! 'uopeWJoiaa iquozuoH _--- :uogeoglsseD Hos -_- :ana!s 00Z# 6ulssed % --- :xapul AZIoPseld S'0 VO £'0 Z'0 T'0 0'0 — --- :;lwll opseld 0i 0'0 --- :alwll P!15Iir 59 Z :A;lneJ9 oypadS pe;ewas3 — � S£0'0 C pa;n;l;suoaa� :adAj aldwes — 0£0'0 4 - @ Z00.0 Z00'0 Z00'0 :ulw/u! 'e ea Jeags SZO'0 OZTT b89 OK :Isd'ssai;sAeagswnwlxeN m Obt'T 0ZL 09£ :jsd 'ssa-gs lewJoN OZO'0 ° 0'1£1 T'LZT Z'8ZT :Pd )Iing Ieuu E'0Z L'6T S'OZ ;ua;uoD aan;slow Ieuld STO'0 c 6'901 Z'90T 17'90T :pd 'A;!sueu/ua !mu 8S'0 85'0 8S'0 :ollell PIMA leniui OT0'0 5 Z'96 Z'96 Z'£6 :uoneJn;es Jo earap uI 6'9Z1 6'9ZT 6'9ZT _ :pd'A;lsuaa>tlne lelllui —i-- --1---_ S00'0 6'0Z 6'0Z 6'0Z :0f'4ua;uooa.n;slojIel;!uI O'SOT O'SOT O'SOT :pd 'A;lsuaa kJa lelalul 1___ 1 - 1 000'0 95'E91 SS'£9T 9S'E9T :swe.i6'sseW Iel;luI O•t 0.1 0'T :Lit lgt3leH Ielilui 00171- OZL- 090--- --_I s7 s7 S'Z :ul 'aa;awe!a!emu' £-S0 Z-SCI T-So :'oN;sal Lit 'uopewaoJaa 1e;uozIJOH jsd'ssaf;s lewJoN S'0 t''0 £'0 Z'0 T'0 0'0 00ST OSZT 000T OSL OOS OS? 0 — 0 -- O ry � OSZ -- OSZ . ... . ......... oosco cu - '- OSL • N N 000T 0001 oZ'S£ = el6uy uollalad OSZT L£'ZZT +xUSOL'l�=A jsd ZZT = uolsagop .i — — OSZT -' --- OOST 09b1- 0ZL---- 09f 080Ea i asv Aq suompuoJ pau!eaa palep!IosuoD Japun siios to lsa1 Jeags 1aa.ga pues Alps uMoJq gs!Awb';s!oN :uol;duasaa lens!A 9-17 :u'i daa --- :GI aldwes OT-9 :01 6upog waw :Ag pa>pagJ w :Ag pa;sal 8T/TT/0T :a;ea 1581 S S :T 8 d X 3 6£680£ :#)(ID ---'g;sea :uol;eaol;aa1oad 6�n ®a >IaowweH JepaD :aweN pa[oad --. ,--- 'DUI 6uiaaauibu3 aEuo3 :;ua!ID •;ua!p Aq peL pads se '(%g•ZZ)lualuo0 aJnls!ow pan!aDaJ se eql le(pd 0.86) :uo!pedwo0;a6Je1 9TZZa WISV Aq pau!wua;ep;ualuoj aJn;s!oW s6u!ww!J;aidwes woal JeeLIS aio;aq pau!elgo;ua;uoD a.an;s!oj 6u!;sal o;Joud aldwes;o Ino pauaans ana!s s#uegl Jaleai6!e!Ja;eN :se10N --- :!ogwAS dnoJD u! 'uol;ew.Io;aa le;uozPoH --- :uo!;eoy!sseID Hos --- :ana!s 00Z#6u!ssed oho --- :xepuI AiID!;seld SI) 4'0 £'0 Z'0 T'0 0'0 - - - -._ _ ___ :;!w!��!;seld !- 040'0 -- -- - - :;!wll 5Tb!l S9-Z :Allne.ig ay!DadS palew!;s3 - - .. � - '-- ' S£0'0 pe;n;!;suoDal -----:adAl aOweS - I - 0£0'0• 4 1 Z00'0 200'0 Z00'0 :ulw I 3e 1 ea 4s - m i SZ0'0 - ObST L46 EES :;sd 'ssailg Jeags wnwlxeW C OOIZ ()SOT - SZS :jsd'ssanSlewJON -1 OZO'0 ° O'bZi 9'ZZT 6'OZT :pd'Allsuaa Ming leu!3 -I 3 0'ZZ T'IZ E'TZ :%'lualuop am;slow leu!A -I_1_-- - ST0'0 g 9'i0T Z'TOT L'66 :pd'Allsuaa Aga leu!j :olle21 pion le!l!uI ff I 69'0 69'0 89'0 ---t- - 010'0 5 0'L8 E"L8 T'98 :uol;ean;es jo aa� ap Ie I31 uI - --• £'0ZT Z'OZT T'OZT :hd'Al{suea Aln8 le!;!uf ___________________...____j 500'0 9'ZZ L'ZZ I'ZZ :�a lua;uoD ain;s!oW le!l!uI I I I 1'86 0'86 b'86 :pd'Al!suaa Aaa lell!ui —� - --L-- 000'0 98'bST 4817ST 88'17ST :sweJ6'ssej le!ileI __ -._—._— — —� 0'T 0'T 0'T ail '146!aH lell!uI ooTz— osoT— szs— S'Z 5'Z s'Z :ul'ialawela lelVul E-S0 Z-S0 1-S0 :•oN;sal u! 'uo!;ewaolaa leluoz!OH ;sd 'ssa.;S IewJ0N S'0 b'0 £'0 Z'0 T'0 0'0 000£ OOSZ 000Z OOSI 000T 009 0 -- I - OOS H-- --r---. 009 cn IL h- - i cn a -! --. 000T • 000T , a m -. - T OOST Fo F.-.-.-..k._ -- 00ST n I `" I OOOZ T - - 007E = --r --F. - OOOZ I al6uy uopp -- 00SZ ;sd 0bZ = uo!sagOD _ • -- - Z - - -- 000£ OOTZ— 050T�— SZS— 080£4 1,41SV Aq suonipuoJ pauieJQ pa4epipsuoD Japun siioS Jo :sal aeagS Paid puss ATs uMoiq gs!AeJ6'is!oJ :uol;duasaa lens!n 0T-8 :l!'4ldaa --- :0i a!dwes ST-9 :0I 6uuog wow :Ag papagj wf :Ag pa;sal 81/TT/0T :a;ea;sal S S 3 1 d X 3 6£680£ :#X19 ---Nnse3 :uo!;eDo1 pafoJd DU11 °a9 mhowweH Jepap :aweN Paloid • •0uI 6uuaaui6u3 a6Jod :;ua!!p N 1 -' N W .. W N .. 0 0 P 0 0 0 0 o O o 0 0 0 0 0 w_ 0 'OFFSET=-25.00 ELEV=-2.451 \---01=57=25E;22=1 N O -- - -- -1OFFSET 10.30REV=3.531 \ . O -10FFSET=-5.84 ELEV=5.331 —'OFFSET=-3-82ELEV=5.571 r O 10FFSE7=0.00 ELEV=13.03' r (xiO — - 10FFSET=0.00ELEV=13.011 r N o 1 10FFSETa 385 ELEV=13.051 o —'OFFSET=4AO ELEV=13.441 1 O -IOFFSET=10.44 ELEV.13.801 ---1OFFSET=14,62 ELEV=14.83' 'OFFSET=13.80 ELEV=14.011 - 1OFFSET=20.49 ELEV=14.731 0 - - OFFSET=26.00 ELEV•14.551 I --1 OFFSET=25.00ELEV=13.501 W O O O b O O O O CO O O b o b O O O O O O O O O O b O O QO lO 0O pO O O © O O O O O O O I ! I 1 T 1 cr7 1 Q i O �O —+— 1 Q ! 1 Q 1 Q ! O I 1 O T t --'OFFSET=-25.00 ELEV•-3.69L -'OFFSET=-25.00 ELEV.-3.901 l OFFSET=23.10 ELEV=-2 071 IV O O --i OFFSET=•7.35 ELEV=4.071 • -'OFFSET=0.00 ELEV=13.071 r p O - — rOFF3ET-0.00 ELEV=13.071 r- --4 v O Q) O 1OFFSET=12.95 ELEV-14.151 'OFFSET=17.50 ELEV=14,7131 N 0 —1 OFFSET•22.37 ELEV.15.37 OFFSET=25.00 ELEV.IS. ] OFFSET.25.00 ELEV-15.6311 W .. .. O- 1 1 1 J 1 I. 1 I. 1 .1. 1 I. 1 —' N W A N N.) W A O O O O O O O Co O O O O O • • • • • • • • • • • • • W O 'OFFSET=-26.00 ELEV=13.391 OFFSET=-26.00 ELEV=13.35 N 'OFFSET=-19.52 ELEV=13.371 O —{OFFSET=-18.46 ELEV=13.291 - EICIESIMMIZECI1 O :::::::1::I: - 1 !OFFSET=3.83 ELEV=6.911 O (.0 O O OFFSET=14.24 ELEV=2.651 I ..... _..._ (_H OFFSET•20.08 ELEV-1.341 N O 'OFFSET=25.00 ELEV=1.221 OFFSET-25.00 ELEV=1.85 C)) 0 O O O O O O O P O O bO O O OO b O O O O N --., N W A W N N CO A O O O O O O O O O P O O O O co • • • • • • • • • • • • • • W O 'OFFSET=26.00 ELEV-13.211 I --1OFFSFT=-75.00 FI FV= 201 N _- —!OFFSET=-21.55 ELEV=13231 O !OFFSET=-15.58 ELEV=13.131 'OFFSET=-12.29 ELEV=13.111 !OFFSET=•12.69 ELEV=13.091 N - 'OFFSET•-5.40ELEV•13.041 ,,^^ 1 V/ !OFFSET=0.00 ELEV=12.981 1 O --- !OFFSET=0.00 ELEV 12.991 N 03 b 'OFFSET•7.56ELEV•4.811 /-_--J0FFSEr=6.I4ELEv=6.201 O OFFSET=13.88 ELEV=2.701 -OFFSET=15.77 ELEV•2.381 N O / I.33;I sxrray=13,46:4 {OFFSET= ELEV=4251 1•1ax,arr�41.d. .1w.m.”1 i _ O O O O O 0 O --L NJ O O O O O O Np 1 Q I Q 1 Q 1 e� I 1 O Q I I I —i OFFSET=-16.58 ELEV=14.421 IiiiMaiMMZEIE 3 'OFFSET ELEV 1aS91 Q --I OFFSET ELEV 13271 ir IOFFSEf=0.00 ELEV=13.041 � WO Q - ---- 'OFF9ET•0.00 ELEV•13.05 r WOFFSET=3.56 ELEV=7.891 CO T+N11 (4)FF0ET:422ELEV8r34f Q Q Q OFFSET=13.71 ELEV=3.561 OFFSET•17.68 ELEV•2.681 1 OFFSET=18.90 ELEV=4.411 N) O _- --'OFFSET=25.00 ELEV=1.091 1 OFFSET=25.00 ELEV=1.611 CO _ N P 1 I I I 1 I N t 0) I _ r!....) b O b O O O O b O O O O C O O O O O O O O Ob N 03 - N -� CO O P P O O O O O O O O O O MI 4E. MP G) O i OFFSET=-25.00 ELEV=13.32 IOFFSET=.56.00 ELEV=13.611 OFFSET=-22.92ELEV=13.37 'OFFSET=-21.86 ELEV=13.731 ---1 OFFSET=-19.30 ELEV=13.321 O -J OFFSET=-11.78 ELEV=13.301 0 (OFFSET=-5.70 ELEV=12.591 0.0 — �' w OFFSET•0.00 ELEV=12.881 r( Q -cri . _ ---- - -- IOFFSET=0.00ELEV=13.041 r —[OFFSET;4.18ELEV=8.181 N O O i [OFFSET=521 ELEV=4.071 - •'OFFSET•9.84ELEV•2.591 O' _. N O Incccrr•nc nn cIcv=nnnl Inccccr=oc nn ci.,n A 7 I .+ N co 4s. N O P O O O O O O O O O O O - • • • Q • 7 T 703 O 'OFFSET=-28.00ELEV=3.381 I ---OFFSET=-25.00 ELEV•2.08' I N - O -{OFFSET=-17.11 ELEV•4.791 'OFFSET=-13.14 ELEV•4.221 --I OFFSET•-9.79 ELEV=6.421 (OFFSET=-7.54ELEV.5.381 ---1 OFFSET=-3.52 ELEV=7.781 v) 0 (OFFSET=-3.89 ELEV=5.881 CD -"OFFSET=0.00 ELEV•13031 O - -- - • (OFFSET ELEV 13.031 .A. O Co O I f OFFSET•8.19 ELEV•13.071 -- -{OFFSET=9.30 ELEV=13.661 O --- 'OFFSET=11.54 ELEV=13.131 N O ---'OFFSET=25.00 ELEV•14.251 -'OFFSET•26.00 ELEV=13.601 CO 7I ' 0 __4- O O O O O NO O' O O O O O OO O O C O O O a' _ N co 4t. O O O P ON) O O O P O O O o G) O 1 OFFSET=-25.00 ELEV•0.051 - - _ OYYJEf 2.3.45 t1tV=0.11 N O -I OFFSET=-17.27 ELEV=2.011 -{OFFSET=-12.77 ELEV=4.711 I --IOFFSET=-8.69ELEV•4.731 O L0ET =-5.29 ELEV=5.771 „......r. OFFSET=3.40 ELEV=5.801 --'OFFSET=0.00 ELEV=13.00 O - ------ 'OFFSET•0.00 ELEV 13.01O CTI CD 0 CO _ O 01 t -OFFSET•18.50 ELEV-13.761 — N -- - O -'OFFSET=25.00 ELEV•13.341 I --1OFFSET=25.00 ELEV•13.401 /d',. d ,F / 0,'1 ^ t4` /' , tO� z \ ' T7 _. tom `X.aJ \ f3 J9 Jf �h i'e' Js't° 'f'0. tF d',▪ a rZJ Jho '6.-2(`., Jf }. j 'Jn '4,3_,'"'' o''''6.� <* t tfF Jf dC \ 6b Jh vs 9_``-- \ s 3'. C' Jac 0 \e ,, 6 d 6C� <� dO Ff Ip.,6 /� ,,...,.. f x f ,_, , d --,s, ,,,,:,s. J nr 4- ''iT.$4- Oa ",5 �' tJe J,y �'' • 'f'0 'e %,....k d 'cU sxX '•2F. O,9 G;?.1, f !'y n /' yy yd C r/ % c/ d / k `/2 ss F ,,> dJt N. �, /6 yC,dt • tOpIBS fF /A Of tr,. Cf. 'J < `f Y= \� C dJ�. t,,! :-....;,;:.,..2-',:',;,':,-,-„''''-, s Y i '-`1,-,.:93 9 C r.' J S » rye b �^ ,Cr6 1;; 9 ii d4,d, '.* '''''5;,-sSQ Vi' < . 60�, Ed '^c , �� �trf s. .`�,v, a�.. ;' h 'ck- at^, aspg;. 9a ' ." ' ' r " Y4 ktv` • � i i. �c d a , SS va '' ® b a xn, ', x ` t 7 > , VStr & v � , .� Tf * MIr r 4 ':Yt v a ' s w¢w w ), t Xr ' ' A" d .1 - , &a7 t" p h ,; cSstit "2 ^k aTt� iE } r 5� l0vltifi > Mtti ... c �yrt ct v t 3 n ; x I G "ro, ' p: zia � � � '�� ") � § Cs Mvtv � Y f �d 'i?` a n ; ib; ya �> ,USx M 3 V c:VK 4 x C:e 44"r % • s , u s • 10 �,/ A x , s rw,A , r t �. r A3 9� S a a Wn 1 rh "5 � c � � x Yt e�w ; D k h ��'�x.E r' v,x ,xy� ' t c d a i`1"^. xh '.. o{ r, , ,n.,.,,' z '` ,v '� ",.*uAA. a' ; 3 z a y� i. o,. #.t t aw r xr<a� 'n'.,� ' f tt,Sbj ' '� €"#, P '' e a �t a`� as v ..�e33n a oky a G '!'''':f -10 Z'' 0-:!. ,tv a i r �,; X �k 0' 'u yaa �° }� n 4.. s.,,. 's' '�5� w a ,� ,t ^:` 5'"Yj .�y x '''' a xz;4F 'rr+3 11 $ N.t: r -1xr r r y i f * z '': s ,y�;'."'� 8 ;' #",Vh �`,� x,,$ a F 0,$,, 1. ,t"' aS ..aux" .Y.. .4 ory L�,s as ,,004;p•.:,.....,'' ' �sw P{ , t -fir.'-"'.'$�VA'..--'�* k.5:•--)iv, s ,,,e�. ..3x..3 .' . ' ` hs t•• 8 3 4�y LY ',� t rJw ay. w � `" Y � "'�det "�, d � �4e �i x z g x� 0r>,�.z s s vt,c at' ar � c n�x ,+ „,....,.,„440..„..;`” y�``*.:* � f„ a'� � ,i ' .9 r ` a' ,s^k4Y �vI 'j3 rK' x a x, t a ^,�i..v .3„';,ss:+5+ 4� ' 'g' a'tv,v x ,{t *,:L a $, f,� r s 7 t�lb. rt r,r k-i4 3 a +�. y Y,j„,`r w+, ` ' t,„.tl a ' �,.'r',� r x ,•I+t ,� + a,,v, rre ,i,f �„'', £ �, R x sw f- � �`'` ` y'� S' "� �`J .:Ni' �3 -#fr+�d"�,.� � 4�K�# 7 4z���� 8�tr *r�'f° k c sk,,-. �'``f m ,3' 4., .r 7,o:z•-,4,'�3 u��. `•' tea,. sa'l f k#"tiy xJ d is,�''' 9fY x<•r ;y^tr ti s < & Y,+ ,,0140,4:,� c n� ial- c, ': 1V: 41 T4s -"'z'-.,x°� '.y� .-'):' t ' 741,17,. s, V arc,et z„� a 7 r z�� t Wr v x pM.3 - ,- r �i'3�g� l +n ,� xy 'w : �33�4 `, a s x ,z�'2V,-44:-,:it-0 "fit ': 0k r ,ts.*e� y a : �c Skis ca V z,t � ` gC ,1T a - 4 t _""'T..y=t'�3s4N r T i s c v 3't'''� a X f i.e14rtSo 0: 04 + 1 ' � 4' X41: n ,x r >S rt' 3, v",r4,x,,,,k. e '3.t�A4o.--r M1 CJ's g :.:, *' -,:--1,4,,,w,,, ,L, �`, "u r$<'z.t. ,..,-„,..:;.:,,,-.44t,..,$%,,�� v �`t v `3 f ws` s'` i;r 4 sz;:e:- +` • �` f 4 ', ix7� T ..,:.)".'i,":':--'::'--.-',',....,::'-.,:-.::::-'..".,;%-:,ff l'Y F s,3z- ?F 9.e'+. .. I AS 4�3 Y' y fi!t wy,' :!i,,F" b h'"} .r i_a of C n �\ -,4:4:.•. 4,_-.-4.,.;,,,,:',,,3:••� .c, �.d ,, ,xV sry, Nbn �� ,�3 , gL b 0v n ,,,,, - ra,, ntf 4'g dx`t' 'A g 4,`fir ,.r '� e, a4 s a-Ks a d s,Y,'�,i..v't ti F , l"�" r Y so +La, ,,, 4 g3 �fi , J E, ' ate,t � 3 ,1 rev Ft .a 0 u ':y} .L �a �a fk � f}xxar x . T4,15.,ttth,"• ••_t-,,,-,,,--,\ ----, • p O Ia ''u, . Y'''Y� ,, V Wa '.,,I,--,•: % +C. g`D� 'P 'b u i 1 A r; ' i \ wt r ° : 'stir f 1 A.. sz s, :, N. a i , y f� % 'rd Gp _ ', Y, J S9h e',,.:' , � =s�F� - irM -n \�^ I:. m_ 11 (1SIX310N) C V. N- \ 5 III Il® tiT:11, K Z ..- 0 a <1. 2- Ell rr m 10' i_ AlW_ rn O- () rn 1,,ret 11, 4 SOM Im U `) _ 0• Zum MN MN Z SOM Iwo. -I I.SOM 02 III BIM Ilia . 10 i Wit (ISIXR-10N)," pa--7, • _,...,—____,_„,,!-3 // ,._. cs.,:_u_ ,/..,..,.....„,:.... __- .-- _-... ,_ / (vv.:, ......, , , .., .(%t NB -.....„/ , x ' I-Z11101-Aft 44i,�1SIX3) , ®® 111 l Z M " MW --\ j CO - i v LM / =-1 Z-0 L / /fib (1SIX310N) / i tM // b 0t 3)1V1 // /cO �� /�/� _arias 1OaLNOO a31VM = IX SW] O/ b �/ »1110 31VMS a3OV32JdS = E ��\ �� Wn / w \ LMZ_MW(1_ / / 33NNO0a31Nl 30VNIVad = / 113M = X-M / 113M 8O11NOVI ONV113M = X-MW-M / / 113M aO11NOW ONVldfl = X-MIN-f1 / ON303� // NOSNHOP 3A3LS Ved 9Z 11 6102/SZ/6 0M01181HX3-30VNIV80 £9Z l\SiI81HX3\£9Z 1\XXL I\5801\S ! N N N r 1-" r r r N VF•+ N t6 co V O,' tP fl W Al F+ N >J O tD fb V Cr, to A W N; h' O • p ro G1 x z 7- 31 , GI 0) p ') G1 0) ;r or 0 ro 0 a vF, �, r�i acv c n Q p n z r(o N W n m C -o p -. co 7.s cio •a v p rD rD �' -o •o T C a co o Lo cm CO �; ° 3 H m iD m N o rt 13 0 m 5 'e' r , 07 r ._-. y y Do CO 7 u, m co -- as a n °? ° m rn n 0. 5' m ri 0 a a p a N ' ro. W' '' aCf 0 1.-) NT < r�D w fD M 0 O o i re 7 Go N R'I �^ co, ODa �- 7 A { B Z 00 co tC'+no 7 ov 7 n c n v. D . Q rD , - o. o t < oll v. coC 7 N , N Cco co co n 0. 7 CD < n w' o f n0.. o o CO 3 o rC co �° a 7D = w o n '� D o R o n o0 a0 a c 01 'O o 'CI 'CI o c O ,7* c en Le, m p m I N NO 77 = Q ft')rt (N w N in 7f o 3 , 'c RI m .• g' Z ri Q' 0 = a 7 _, 0 0 CO N 1-' W NJ N 1-' k' N H to V CO 01 NJ V N NJ NJ NJ N Y 0 CI. A a 0. 0. 0. C. 0. 0. a 0. O O O Cl a. G. W W W C,, C < 0 < m D, w Co CD N o a 0. 0. d 01 D) 0. a a o, -, N < < K 0)v. < -e K '/, v, V, to N V1 VI • 3 'f C C C G -Ti ? G G T T T N 0 N N co (A ,4 -. C re, tD CO CD f4 ,D -' ' _. C W a n - ,... F, 0, n ` a 0. CC, 0. 0. a ` Opo a, 00 N F+ NJ b-, \ \ v ,.-, O V N 0 0 V W LO- '-. ". LA/ (,V (,V N V. NJ \ C-, 1-, I-. \ \ \ Cl ti - N N N0(J) t N lD N ` NJ LO t0 N Cr. W I-, ,. t0 t0 V, t!, V'1 V, F-, Y ,-, v O N O v.. , \ O tO N v — ' `-. v. \ LD lD to N N LO v F.+ F-" 1-' \ ...0 , + F-'+ F " M N N l0 n rn LO LD l0 t0 N t!) (0 l0 LP LO t0 LO c s c c c z c c c s -I c C c o O rD C 10 (0 ft. co C C CO rD r0 C C c fl) rD rD c 7 N 7 } r' h+ +-, r 1-, o' �' r t0 r--, I-. r.+ F' ..0 1.0 t0 LO LC/ 00 a N N \ , t F-, 1 r Q O` N NJ NJ \ N N N N N N N NJ F+ N N \ - U) QI W W co W Cl 01 P A A N 1.0 `D Cl ` IV 01teo "' , �" LLD t~D tO 4D W I ^ LD tD VD ID 1O (0 t~D (0 l�0 (0 (0 (0(0 ,~D 1-+ F' h" 1-' F' 1-+ 4-, F+ LO t0 LU W N W N N N V Co ,D Co Cr, V1 . W N \ .1.." ln W A i5 A to ro r.. N ro o 0. N D1 CU D, b" l os O co1 co CS CD i n 12.1 Dl I I"kl Q ' !ro W -- 3 � , m o 411 • W. -o CD c. 3 m 5 ("C s n 0 CD c co fi ., cJNJ NJ • Cr! n, 0 • a 1 3 o 0 Ill 0' C ••• ru g o o at- . o.n cu = 4 II) Ca re' • CO . • N 0 o " 0- o CU < 0 tr-f n 0 0. w o NJ' • -4 'n C C 3 m $u W NJ o 0 0. me, a.m Di 0 3 3 0 oo a_ tu fD a co 3 re cry rb 0 VI 00 3 " a. c — • tti • V 114 •A> NJ 3 m •N i O lD � N I 7 � I N I-• IV � N la IJ _ N N tD N vi a N QI Z CU 3 3 0C v cu s 0_ SU Q O- • W cu < Q. J N Qp O fb O TJ ro 3 '' s -:c to Qa • • • • • A • v 3 �.A N • •O • ti • CO • •• • N N • .F+ N • • • iN • '4u 0 C • G N O N U, n a IN w x 3 3 0 c w a. a, w Q a. c W hJ o -f CL N N pq oN v+ m 3 10 Vi N:• • m m" � DNI • N DIS 3 0 4109 S3I11f1HDS ddlN pa foJd ozoz aoJ a1)aud pig jaafo. azndag pun juatuaanldag afpi.tg pun pnaiming ayn7 1 J3 POWUWH anpa3 (ap!skilunop woa;)I!e;aa ad!d IaaAVID q a}uop eldweS (3 (auipuad)uo!}ewao}uI uolena13 aa}em palloa}uo3 (q (8uipued-AgdeiSodol aiei 8upsix3)SAa/uns 71a;awAq;e9 (e uo!Iewao}ullewawalddns (L (uFisaa nos sa! InIps ddlN Aq AmeJedas papinoJd)s;uawn3oa Ueld (9 (081 Aq Adaw edas papino,/d)UO!Wealaal (s s;aa is I1e}aa uolpnaisuop (q suouemBads le3!uypal (e uo!Pna;suoo asano3 we Jo}suolie)!}pads leNuyPal (b wao3 aopeawo3gns (3 wa03 13!9 le}uawa!ddns (q wao3 a!npeg3s P!8 (e uolpnalsuop asanop}log Jo}swa03 p!9 (E Sulppl8 Jul uol;3nasul aoipe4uo) (Z uog3npoawl (t sivaluoJ Jo angel ate)IDed pg aap )1Doww H aepaj IA `sjdh'-'N1 cInD Sivanop N.11(309 -) aounueH II pa3 UO !TOflPOJTUI 1aaJztjaJyasmoo flop sai;Ingos ddi}I •Ioafoid siq;ui;sata;ui znoA zoj noA*req;am •A;Jadotd aq;MainaJ o;;no sago a p;o;pamollg aq II?M sto;3Ezluoo uagp pug sa;nuiuw 09-Sj;nogq Ism o;Sugaaut aq;;oadxa am •utd 00:Z 1E 6I0Z 'OE Jacopo AgpsaupaM uo asnoggnla grip Aziunoo 2g JIOD)Ioounugg tgpao aq;;E Nag aq IIiM dui;aauz ptq-aid V •6I0Z`6I Jaquianotsi igpsanJ uo utd oo:z azopaq anp atr spig 'sum passgt2 atuos pug(9 I pug(I`L`S salmi)saa;`(j #aloq)slatting pugs`sq;gd pro a;azouoO gutpnloui pato;sai aq o;paau IIiM asznooRlog aq;jo surd soaps VOM aSpuq pug Moot aq;jo uoi;aldtuoo uodn •suaai2 81 #pug 6#puigag sa2puq pooM oM;aq;3o;uautaoridaz to/pug uoi;gnouat atp si sig;gIIM papnloul •sa2puq purl pug d z du`s)zanlno Bum.poi`sHIEM Moot pa3log;s jo uol;gutgwoo g q;iM paogldaz aq II!M satn;ga,I aq1, •asznoo ag;;nogSnozq;spgaqpIinq pooM pug sa2puq poo alp fp jo;uautaoEldaz aq;,Io s;sisuoo xzoM jo adoos aq;`sum;IElaua2 tit •topeguoo pug zaumo uaaM;aq;uautaaJ y Jo uuod pmpug;s did alp pug suot;ipuoo Irzauao aq;On pez;uoo aq;jo it'd g pasn aq IIiM;gq;aggNogd piq siq;utg;im papnpui sou uoi;EuuoJui •uoi;EuuoJui Ig;uautalddns pug slip;ap not;onz;suoo`suoi;rogioads IEotugoa;`suuo%2uippiq`suoi;o1 usut 1013E11003 OM aSu p d piq aq;3o urd sr utazaq papnloul .cog jo&uuds aq;ti! &utuutfiag Quo tlooutLUEH JEpao Qq;JO 31ggaq uo quo Agunoo 2g Roo xooUIUIEH zgpao ;E)(IOM jo adoos pauuEld aq;aquosap uoi;onpoi;ut jo zonal sig;SutmolloJ s;uautnoop aqj uoponpoi;uj raid QQD )OolutugH .0 poi pip np-9vout ,aH red» SJ9PP! 8 04 UO!TOflJTSUI I •szappiq pauuojuiun ietotpnfazd oq mom uouetuzoJttl cans �o�toel otp j zo sptq 2uq;nugns u[Azessaoau s►uor;euuojut gons,p`pig o3 uopegnul atg 3o ;uauipuaute ue se szappiq anuoadsozd pagsiuznj oq ppin uo>;eliogos a Sunuaouoo zapp!q anuoadsozd g oa uOAIS uoueuuojw.Cud •Su1puLq oq iou twin pomuuoo otp jo pzeme otp azojaq uan!S suopotujsuu.to suopeueldxa Iwo •spiq.ztagl;o uo!ssiutgns otp=jag szappiq He gnat 01 Aida!zo3 atup;uaiojjns apinozd 03 se q$noua Aiwa po sanbaz aq lsntu pig o}uotW3tnui aq� jo uoue1azdza;tn jo Sutueaut otp SutpzeSaz wpm otp iiq pansap uoi;eueidxa 1iud s;uamaainbag pig jo uopeusidxg •d •aouazapaz Aq o7azaq s;uaumoop alp jo Aue to palezodzooun zo oiazaq potiosqg an se suoi;eogtoads pug `suogeograzao `suoue;uasazdoi `suotstnozd zam gons •p •u2!soCUI0O sotgngos ddr}i 3o aoi, o otp w alp uo oq gtm suogeogIoadS pug s uaumoo j ueid '£ Ilsanbaz uodn soLdoo)L I OZ-LO t V uoiszan suogipuo3 iezaua0 VId 'Z •ptg of uot3elptul •1 :21innoilo3 otp of ioafgns aae sPTq Ilv 'd •sainpagos pue suoueogtoads pogoeue otp ut paquosap s►pagsnunj oq oa wpm=pue zoqui alp Jo uopduosap plauaS v •3 •QQD vouiuteH aepaj alp se pagpuapt st ptg o;uopegnui sup Aq pato/too;oafozd ata •g '6102'61 aaqutanoli uo Wd 00:5 a to;aq pug Wd oo:z aage utoo•Iieu 2@n soi ngos4 ie sapingos ddIN o; pairetu-o oq osie begs sPEH '610Z.tagiuonom jo,hep q;61 ag;Sopsans uo mid 00:z oio3al(06t6.6£6.6£Z :put uptuano zo3 auogdon) 996EE 'Id `10ANI pod Angled ssazd( al!NN xis II SOI —SuiaaauOud s)lugg aaaniSug;aafoad'ilegsarty wog•.thi o;pazangaP 04 pegs moiaq paquosap zogel pug slepowtu oqi Suttisuuznj aoj ;oez;uoo a 3o p.remg otp zoj spiq papas 'd NOI.LVW 1OdNI TniaNa9 QQ3 votutunH dvpa3 SNIQQIfl 01, NOI.LDf I2IISNI •paxeorpui aiaum uuo3 lesodoid aqi jo wags ainpagos;Iuippiq aux uo u2is Ileus iappiq ata •g •lexxnugns piq ui asn.to;2uiiaaut piq-aid aq;.loge Amolts szoPe.uuoo$uippiq ox pails= -a aq IIiM(PioM SjN pue laoxg syv ui padopnap)suuo3!iv •Paie.iauaff iainduioo to padXi `31ui ui Apeap uanpm aq imp saoud iiun am`uuo;lesodoid agl jo ajnpagos Sutppiq aux up •Q •suuaii am of apeut aq suoi;ippe,iue ilegs.you`iesodo.id amp 2oioaseuid aux ui apeui aq!pm aSuego oN ,Cgaauoo ui pang aq Isnui um.;iesodoid aux ui saouds 3luetq ild •D -a2mioed piq moS ui papnloui si anoge fy„gde i esed ut pagiivapi suuoj amp goea Teal ams alt 31asmoA Jo;saidoo mem pub suuod iesodoi('pies 3o sa2ed aux uo spiq lie iiwgnS •g NR1O3 TIf1QIIDS GS NOI.LVDRi2II • NRIO3?IO.L7y2LLNO0 gf1S • NRIO3 GIS'TVINI314IS'Iddf1S • N1IO3 3'If1QSHDS oNlaarS • :&umoiloJ am se pagquapi suuoJ lesodoid axe qumaiaq pagogiy y 'GIM AO AIOLLVU VJ Id LI •suogsanb.iamsue ox pue awed piq am pue pafoxd aril inoge uoneuuoJai apinoxd o; iimpaui am ie xuasaid aq !pm slagio ;s2uouie (ia2euew leaauap iioounuEH J Ipo )wogazpilN wif Pug`(.zaauplug pafold)Ilel'NI tugs lam:Ioounu2H .mpa0) giopzie3 ixsnf `(iauSisac aamo0 mop) satxingoS ddrx •asnoggnio pommel' i pa0 aqi ie uzd 00:Z ie 610Z `0£ 10go100 AspsaupoM Rog ag flim &u?iaaut Pig-aid y 2uy001,%1 Pig-aad '9 •pagsgduz000e aq'um pom am goigm.iapun suompuoo am 10 ails aqijo a2palmoul jo vs'a jo asneoaq paxuez2 aq IDm xowiuoo am jo suoiiegiigo wog Jolla!zou uoixesuadmoo leuoiiippe iagiam •xoafoad aqi Sunuaouoo siuotua i nbai lie pue suoiiipuoo ;Iunsixa aux of se sanlasutagx azi-ummej of sp sodoid pig jo Aiangap aqi of ioud axis agx loads=s.ioToeuuoo ile iegi tioxepuew st iI uo3enSIA F. When a corporation makes a proposal,it shall be properly executed by an authorized officer. When a proposal is made by a partnership, the firm name and also the names of the individual members shall be signed in full. G. Anyone signing a proposal as the agent of another,or others,must file with it legal evidence of his authority to do so. H. Erasures. The bid submitted must not contain any erasures, interlineation or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. Bids must be enclosed in a sealed envelope and marked: Bid for Cedar Hammock CDD J. Bids should then be placed in a second envelope or package and addressed to Mr. Sam Marshall, Project Engineer @ Banks Engineering — 10511 Six Mile Cypress Parkway Fort Myers, FL 33966 (Telephone for overnight mail: 239.939.5490) and delivered early enough to be at the bid opening as set herein. No one affiliated with this project is obligated to open any bids delivered after the time set for the bid opening regardless of the reason for late delivery. K. Copies of the following documents shall be sent or e-mailed to Kipp Schulties by the time that bids are due: The Bid Schedule Supplemental Bid Form Sub-Contractor Form Please send via e-mail as an attachment to Kipp Schulties at kschulties u,gmail.com 3 III. RULES GOVERNING BIDS. A. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. B. Bidders are warned that they must inform themselves of the character of work to be performed under this contract. It is recommended that each bidder visit the site of the proposed work and fully acquaint himself with the conditions relating to the construction and labor so that he may fully understand the facilities,difficulties,and restrictions attending the execution of the work under the Agreement. Bidders shall thoroughly examine and be familiar with the contract terms,plans and the specifications. The failure or omission of any bidder to receive or examine any form,instrument,addendum or other document or to visit the site and acquaint himself with the conditions there existing shall in no wise relieve any bidder from obligations with respect to his bid or to the Agreement. The submission of a bid shall be taken as prima facie evidence of compliance with this section. C. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, of any other modification of the bid form which is not specifically called for in the contract documents may result in the Owner's rejection of the bid as not being responsive to the invitation. D. Kipp Schulties Golf Design and/or the Cedar Hammock CDD reserve the right to reject any and all proposals,and to waive any informality in the proposal received. E. Transfers of contract,or of interests in contract,are prohibited. F. If a bidder to whom an award is made fails or refuses to enter into contract as herein provided, or to conform to any of the stipulated requirements in connection therewith, an award may be made to the bidder whose proposal is next most acceptable in the opinion of said Owner;and such bidder shall fulfill every stipulation embraced herein as if he were the party to whom the first award was made. IV. GENERAL REQUIREMENTS A. All bidders shall be properly licensed by the Florida State Commission of Business Regulations, Department of Contractors, to do the type of work required under this agreement,and in accordance with current Florida State Law. He shall present satisfactory evidence that he is fully prepared with the necessary finance, equipment, materials and personnel and that he has been regularly engaged in the type of work being let for bid,to the full satisfaction of Kipp Schulties Golf Design and Cedar Hammock CDD. Bids received from those not qualified as above,at the time of bidding,maybe rejected. B. All proposals shall be made and received with the express understanding that the bidder accepts the terms and conditions contained in the form of contract bound herewith. 4 V. FORMS ATTACHED HERETO TO BE SUBMITTED WITH BID A. Bidding Schedule B. Supplemental Bid Form C. Sub Contractor Form D. Irrigation Bid Schedule VL FORMS AND ATTACHMENTS INCLUDED WITH THIS BID PACKAGE ATTACHED HERETO WHICH WILL BE A PART OF THE CONTRACT A. Bidding Schedule B. AIA General Conditions version A107-2017(copies upon request) C. Supplemental Bid Form D. Irrigation Bid Form VII FORMS NOT INCLUDED HERETO BUT TO BE SUBMITTED WITH BID A. Project Construction Schedule B. Certificates of Insurance 5 Bid Forms Bidding Schedule Form Supplemental Bid Form Subcontractor Form Cedar Hammock Golf& Country Club Naples, FL PROPOSAL FORM BIDDING SCHEDULE FORM Updated;September24,2019 Cedar Hammock CDD BIDDING CONTRACTOR: Company Name Name of signing Principle Item# Line Item Quantity Unit Price/Unit Total Price 1 Mobilization 1 LS $ $ 2 Erosion Control-Turbidity Barrier 100 LF $ $ (50 feeet of barrier instated at property outfall locations) 3 Erosion Control-Silt Fencing(install and remove) 400 LF $ $ (select preserve areas) 4 Grass Stripping and Burial 10 AC $ $ (cut to appx 4"inch-remove grass,root mass and organic matter 5 Concrete Path Removal 2,600 LF $ $ (disposed on site in lake fill areas) 6 Wood Bulkhead Wall Removal 3,020 LF $ 5 (Disposed in mass fill areas-not under feature areas) 7 Wood Bridge Removal(dispose off site) 537 LF $ 5 (holes#4,5,7,10) 8 Wood Bridge Removal(dispose off site) 775 LF $ $ (holes#9 and e 18) 9 Mass Clearing(per tree impact plan-pending) 1 LS $ $ (Chipped and spread amongst nearby trees) 10 Tree Transplantation 1 LS $ $ (per tree impact plan-pending) 11 De-Watering 1 LS $ $ (lakes on holes 4,5.16 and rock culverts on holes 7 end 10) 12 Earthmoving(non-solid rock excavation) 13,500 CY $ $ (move material 1,500 feet or less) 13 Earthmoving(Rock Excavation) 7,000 CY $ 5 (lake fill in front of#17 green) 14 Tee Construction(laser leveled) 22,500 SF $ $ (capped with 4"of clean sand) 15 Sand Bunkers(Washed G-Angle Sand) 5,000 SF $ $ (includes drainage,edging and sand) 16 Bunker Solutions Bunker Liner 5,000 SF $ $ 17 Shaping 1 LS $ 5 18 Dry Stacked Cap Rock Walls 18,100 SF $ $ (rocks 4-5 feet wide and 12-24 inches thick) 19 Wood Bridges 775 LF $ $ (holes#9 and#18) 20 4"Solid N-12 Smoothwall Pipe 400 LF $ $ (from greens,bunkers and small drainage areas as needed) 21 6"Solid N-12 Smoothwall Pipe 2,000 LF $ $ (drains from catch basins to relief point) 22 8"Solid N-12 Smoothwall Pipe 1,000 LF $ $ (drains from catch basin to relief point) Page 2 BIDDING SCHEDULE FORM Cedar Hammock CDD Item# Line Item Quantity Unit Price/Unit Total Price 23 8"Round Catch Basin 8 CT $ $ (with metal grate) 24 12"Round Catch Basin 6 CT $ $ (with metal grate) 25 12"Square Cart Path Catch Basins 12 CT $ $ (with metal grate) 26 Contech Pipe installation (CDD buys pipe) 5 CT $ $ (12'x 7'elliptical pipe-20 feet in length to replace bridges) 27 Irrigation System 1 LS $ TBD $ TBD 28 Rip Rap Installation 77500 SF $ $ under rock walls and wood bulkhead replacement 29 Surveying(for permit closure) 1 LS $ $ (modified lake slopes,storm pipes,bulkheads) 30 Concrete Cart Paths(Broom finish) 2,700 LF $ $ (8'wide) 31 Concrete Rolled curbing(broom finish) 2,000 LF $ $ (rolled curbing 4"tall and 8 inches wide) 32 Grassing Preparation 8 AC $ $ (smooth fairways and roughs before planting) 33 Grassing Tees(Celebration sprigs) 22,500 SF $ $ (30 Georgia BU!1,000 SF) 34 Celebration Sod 175,000 SF $ $ (tee,green,bunker and lake slopes) 35 Travel Route Restoration 1 LS $ $ TOTAL $ Page 3 BIDDING SCHEDULE FORM Cedar Hammock CDD Bid Alternates Item# Line Item Quantity Unit Price/Unit Total Price Al 30"RCP Extension 80 LF $ $ (extend two 30"pipes on hole#16) A2 36"Solid N-12 Smoothwall Pipe 300 LF $ $ (lake equalizer pipes under possible land badges) A3 Dry Stacked Rock Walls 18,100 SF $ $ (owner purchases and supplies the rock) A4 4"Perforated N-12 Smoothwall Pipe 500 LF $ $ (isolated wet spots after construction) A5 Performance Bonding 1 LS $ $ A6 St.Augustine Sod 35,000 SF $ $ A7 Bahia Sod 25,000 SF $ $ PROPOSAL FORM: Updated September 23,2019 SUPPLEMENTAL BID FORM Cedar Hammock Golf& Country Club A. This supplemental bid form and the bidding schedule form are part of the general plans and specifications for this project. B. This supplemental bid form must be filled in completely,providing all requested information and be fully executed before it will be considered by Owner. C. Owner selection of the Contractor to receive the contract will be based on the Owner's evaluation of the overall bid and not necessarily or even primarily on which contractor's base bid price is lowest. The Owner will weigh the following factors in selecting a Contractor: 1. The base bid price(contained in the bidding schedule form). 2. The Contractor's bid identifying time for completion(see paragraph I hereof). 3. The Contractor's bid for liquidated damages(see paragraph J hereof). 4. The other information on the balance of this supplemental and original bid form. Example: A contractor who agrees to a prompt completion date and who is willing to bid a reasonable liquidated damages amount as a per diem assessment,but whose base bid is higher than another contractor may be considered superior to another contractor's lower base bid, where said lower base bid also protracts the date of completion and contains a lower liquidated damages bid figure. D. Schedule. Contractor shall furnish as part of the bid a construction schedule for completion of the work in bar chart form. The schedule must identify each line item of work and the beginning and completion dates of such work and including completion of the total work. E. Contractor proposes, if selected as general contractor, to furnish all labor, materials and equipment and perform all work for the Cedar Hammock CDD Project in strict conformity with the plans, specifications, and all Contract Documents therefor and any laws, statues, ordinances, rules, or regulations of any governmental agency or public authority relating thereto. • 1 SUPPLEMENTAL BID FORM—Page 2 F. By submitting this bid, Contractor certifies that it has carefully examined the plans, specifications, bid form documents (including the instructions to bidders), construction contract documents and all addenda to the construction documents and to the plans and specifications and agrees to be bound by the terms and conditions of all of these documents. G. Contractor states that it has visited the job site and has examined all conditions affecting the proposed work and determined to Contractor's own satisfaction that all conditions or limitations that exist or which may arise affecting said projects and all difficulties that may be encountered in the construction of said project have been taken into consideration by Contractor. Contractor is making this bid on the basis of such examination, inspection, determination and not on the basis of any representation or promise made to Contractor by the owner,by the architect,by the engineer,by the designer,or by any other agent of owner, architect, engineer,or of the designer, and not contained in the plans and specifications for said project or in the documents listed above in connection with the project. H. Contractor agrees, upon notice of an award of the contract to deliver, within seven (7) calendar days,an executed contract for construction and to furnish the necessary bonding as required for the construction project. Time for Completion Contractor agrees to complete said project within calendar days, including Saturdays, Sundays, and legal holidays after commencement of actual work thereon unless delayed by any causes allowed in the construction document. For the purpose of this form,the date to commence construction activities shall be Monday March 9,2020. J. Liquidated Damages Contractor agrees that the sum of$ per day including weekends and legal holidays shall be allowed as liquidated damages and credited to the owner against the monies owing the Contractor at the time any liquidated damages being to accrue. Should the total liquidated damages which have accrued upon completion of the project exceed the amount of monies owing the Contractor at the time damages begin to accrue, the Contractor shall reimburse to the Owner the difference between the total liquidated damages and the monies owing the Contractor on the balance of the contract price. This liquidated damages portion of the contract bid has been made, by Contractor taking into consideration the time of completion identified in the preceding paragraph. DATE CONTRACTOR 2 CEDAR HAMMOCK PROPOSAL FORM SUBCONTRACTOR FORM Cedar Hammock Golf&Country Club BIDDING CONTRACTOR: Company Name(General Contractor) All General Contractors are required to list any and all subcontractors that will be working on their behalf Company: Contact Information: Subcontractor(formal name of company) Contact Address Phone Type of Work Subcontractor(formal name of company) Contact Address Phone Type of Work Subcontractor(formal name of company) Contact Address Phone Type of Work CEDAR HAMMOCK a e2 SUBCONTRACTOR FORM Company: Contact Information: Subcontractor(formal name of company) Contact Address Phone Type of Work Subcontractor(formal name of company) Contact Address Phone Type of Work Subcontractor(formal name of company) Contact Address Phone Type of Work Technical Specifications Cedar Hu`unock Golf& Country Club CEDAR HAMMOCK CDD TECHNICAL SPECIFICATIONS FOR 2020 GOLF COURSE PROJECT KIPP SCHULTIES GOLF DESIGN • INC Document Update: September 24,2019 -1 Technical Specifications I. SURVEYS AND LAYOUT OF WORK The Owner,where applicable,is responsible for original property boundary survey,master elevation benchmark establishment, original topographic information, golf course boundary survey, and any survey of changes in circumstances created by an Owner related action. The Owner shall make available to the Contractor all data pertinent to the aforementioned information and assist the Contractor should substantial changes occur in the scope or location of work at no fault of the Contractor. The Contractor,otherwise,will be responsible for maintaining all the original or revised elevations and survey information and locations as established by the Owner or his consultants.The cost of any additional survey work caused by contractor negligence or non-maintenance of the original or revised staking is the obligation of the Contractor(s). The Contractor shall, at their sole expense, immediately re-establish all survey information damaged or lost at the site regardless of the reason or cause of loss,including vandalism. Wetlands and preserve areas do exist around many parts of the Cedar Hammock golf course However, currently, we are not aware of any wetlands and/or preserve areas existing within the boundaries of this project's work limits within the golf course. If any are located, they shall be preserved and protected and will be shown either on the on the plans and/or flagged on the site by the Owner or his representative in the field.It is the responsibility of the contractor to provide adequate protection and exercise extreme caution when working adjacent to any wetlands or preserves. If any questions should arise regarding the extent and location of the delineated wetlands prior to or during construction of the golf course,the Contractor must consult with the Owner prior to proceeding with the work. Should the Contractor or any of its subcontractors or agents encroach into or cause any damage to the delineated wetlands or preserves,the Contractor or his subcontractor or agents will be responsible for all fines,penalties,restoration and legal action caused by the encroachment and/or damage into the delineated wetlands or preserves. The Contractor shall ask for copies of the Florida Department of Environmental Protection (or equivalent governing organization)permits(if available)prior to proceeding with the work,to satisfy its obligation of acknowledging the fact that the necessary permits have been issued. -2 II. MOBILIZATION A. General This work consists of mobilizing the necessary resources such as labor, equipment,and materials to begin the golf course construction process. In particular,it includes the immediate transportation of personnel and equipment to the site,the establishment of construction site headquarters and storage facilities,and all other necessary requirements prior to actual construction activities. B. Erosion Control The Contractor is responsible for providing all necessary erosion control measures to satisfy all local, state and federal agency requirements. The erosion control will be provided at Contractor's expense. The erosion control during construction shall control any erosion from entering adjacent watersheds and waterways and the siltation thereof. The erosion control structures will consist of temporary silt fences, check dams, turbidity barriers, or sediment structures to be determined as outlined by the permit issued by the Florida Department of Environmental Protection (or equivalent governing organization). The Contractor will be responsible for maintaining the erosion control measures during the construction of the project. The Contractor will also be responsible for removing all erosion control structures after construction unless otherwise instructed by the Owner. It will be the Contractor's responsibility to repair or replace any damaged erosion control devices until the golf course is under the care of the Owner. The failure to install or maintain erosion control measures and any resulting consequences shall be the sole responsibility of the Contractor. III. CLEARING, GRUBBING &DISPOSAL OF ON-SITE MATERIALS The work covered by this section of the Specifications consists of the clearing and grubbing of the golf course. This shall include the satisfactory disposal of all vegetation,trees,down timber,brush, projecting roots, stumps, lapwood, rubbish, debris, buildings, foundations, or any other man made products or any objectionable material within the clearing limits or golf course proper as indicated on the plans and/or those areas designated by the Designer. Clearing and grubbing shall be done in strict accordance with this section of the Specifications and the applicable drawings and subject to the terms and conditions of the contract. In all respects, the contractor will follow the Owner and Designer's direction and plans regarding clearing and limits of work. A. Types of Clearing(Trees) The Designer will mark the trees to be cleared in the field. Typically,limits of clearing or trees to be cleared will be marked with orange ribbon or marked with orange paint. Trees to be kept within these limits will be marked with green ribbon. The Contractor shall not impact any area within the drip line of a tree marked to remain with green ribbon during clearing or any other phase of -3 construction without Designer and Owner approval. The Contractor may be asked to put orange construction fencing around trees of significant stature in order to minimize conflict. B. Limits of Work It is important that no areas be disturbed outside the clearing and work area limits. These limits including wetland or preserve delineation shall also be designated as the limits of work. All equipment traffic shall be maintained within these limits, unless the Owner or Designer approves alternate routes. The areas designated herein shall be cleared and grubbed of all grass, weeds, trees, stumps, roots, bushes, vines, hedgerows and other obstructions unless otherwise specified by the Designer. All unsound or decayed stumps shall be removed to a depth of thirty-six(36)inches below the original ground and all substantial roots that are 3 inches in diameter and greater removed to a depth of twelve (12) inches. No stumps or other growth will remain under any fill area, unless otherwise designated and approved by the Designer. Disposal of all grass,weeds, trees, branches, snags, brush, stumps, etc. resulting from the clearing and grubbing shall be the responsibility of the Contractor and shall be disposed of by burying or chipping on-site,whichever conforms to local codes. Owner will designate area(s)for disposal. All costs in connection with disposal of the materials will be at the Contractor's expense. All liability of any nature resulting from the disposal of the cleared and grubbed materials shall become the responsibility of the Contractor. The disposal of all materials cleared and grubbed will be in accordance with all laws of the city,county,state or federal government. All burying shall be in non- play areas, as identified by the Owner and the Designer with a minimum cover of three(3)feet of compacted fill over the burial pit. Fences,hedgerows,structures and other obstructions shall be removed as directed by the Owner and the cost of such work shall be included in the price bid for clearing and grubbing,unless otherwise shown on the plans or directed by the Designer. When trees of exceptional aesthetic quality,form,soundness,and/or value are located in the area to be cleared,the Designer is to inspect the trees and determine whether or not they shall be preserved and protected or removed. At any time during the construction,the Designer may designate certain trees to be removed or to be retained. -4 C. Existing Plant Protection All plants on the site, where applicable, will be saved, except those marked specifically to be removed on the plans or those marked on the site by the Owner and Designer during inspection. No plants,either those marked for removal on the site or any other plants,may be removed from the site prior to the Owner and Designer's inspection and approved by Collier County or other regulatory agencies. All plants not to be removed will be protected from injury to their roots and to their foliage to a distance of three(3)fret beyond the drip-line and no grading,trenching,pruning or storage of materials may go on in this area, except as approved by the Owner and Designer. The Contractor will pay a penalty for any plant removed from the site that has not specifically been marked on the site by the Designer for removal. The Contractor will also pay for any plant that dies due to damage during construction. This applies to all plants shown on the plans and all plants on the site that may not be shown on the plans. The Contractor will be held accountable for damage to plants and wetlands resulting from placement of fill or removal of soil, except as directed by the Owner and Designer. Any plant, the trunk of which is within ten(10)feet from any footing,shall be exempt from these penalties as established below,in the event that he or any of his subcontractors cause the loss or removal of plants designated to be saved under the provisions of the Agreement. The penalty is as determined by the American Arborist Association or Collier County. The Designer or the Owner's arborist consultant as to variety, condition, and site importance will grade plants with the American Arborist Association's figures acting as maximum penalties. Prior to grubbing any designated area within the golf course,the Contractor shall ascertain the limits of the golf course so as not to remove any trees or vegetation that may be located in the adjacent property. This responsibility shall rest solely with the Contractor and any damage caused by him as a result of such negligence shall be at his own responsibility including restoration and,including any fines, penalties or legal action. The Contractor must confine the operation of this equipment to within the golf course limits, easements and approved haul roads. Any damage occurring outside these areas shall be repaired at the Contractor's expense. The responsibility for the removal of trees by the Contractor shall end upon final acceptance of the golf course by the Owner,unless otherwise directed by the Designer and Owner. D. Grass Eradication Completed by Owner -5 IV. EARTHMOVING A. Excavation 1. Unclassified Excavation for the golf course will follow the plans and/or field direction provided by the Designer. The plans have been developed to balance the excavation and fill requirements for the golf course as closely as possible less any planned imported material, but it is the Contractor's responsibility to check and verify, to his satisfaction, the accuracy of the balance. If there are no discrepancies reported to the Designer or the Owner prior to the completion of bidding of the project (before signing a contract with the Owner), it will therefore be concluded that the Contractor accepts the plans and will provide for any additional excavation or fill necessary,within reason,to establish the elevations,contours,shapes and appearances shown on the plans or as directed by the Designer. The Owner,through the Designer,reserves the right to modify any proposed grades or locations for the greens, tees, bunkers, mounds, swells, and any other golf course features and to react to field conditions or to enhance the character of the golf course. Excavated material for the construction of the golf course, especially the features,including greens, tees, bunkers, mounds, and any other golf course features, will be suitable for golf course construction purposes and will be reasonably free of rock or any other components detrimental to the construction of the golf course and ultimately the establishment of ideal turf quality. Should excavated material from off-site be necessary to establish the elevations and contours shown on the plans,the additional excavated materials will be suitable for golf course construction purposes and will be free of muck,rock,or any components detrimental to the construction of the golf course. Should the Contractor identify any questionable or unsuitable material during excavation, this material shall be brought to the attention of the Owner and Designer prior to being placed on the golf course. 2. Lake Site Excavation Lake excavation and the lake outline shall carefully follow the plans, since the lakes add aesthetic beauty as well as a source for excavation material and water storage to the golf course. The Contractor will follow the Owner's, Designer's and/or Engineer's instructions, designs, and specifications for the construction of dams, embankments, overflows, liners, intake and outlet structures and any other items designed by the Engineer. All lake banks, both above and below water levels,shall not be greater(steeper)than a 4:1 slope unless otherwise directed by the Owner or his Engineer or as required by law or governing authorities. It is the responsibility of the Contractor to ensure that he is complying with all local,state and Federal regulations for the construction of any impoundment areas and associated structures. -6 3. Borrow Excavation Should any borrow excavation areas become necessary to generate additional fill material within the confines of the golf course, the Contractor shall request and receive written permission from the Owner prior to location and commencement of any work. Should borrow sites become necessary outside the golf course construction limits, copies of a written agreement with the Owner of the property on which the borrow sites are located will be furnished to the Owner prior to the importation of any off site borrow material to the Owner's property. In all instances,the excavation and maintenance of the borrow pit shall be performed in a manner consistent with all other work. The borrow pit shall be excavated in such a way that the surrounding surfaces and slopes are reasonably smooth and adequate drainage is provided over the entire area. Drainage ditches shall be provided wherever necessary for outlet of water to the nearest natural channel or lake,thus preventing the formation of pools or excess water in the pit area. A maximum slope of 4:1 shall be maintained on the pit slopes unless otherwise directed by the Owner or his Engineer. The borrow pit, at the discretion of the Designer and/or Owner, shall be cleaned and grassed in a manner consistent with the other areas of the golf course after excavation has been completed. 4. Rock Excavation The excavation of rock is expected as a part of the Cedar Hammock CDD project. Should rock, boulders, granite or similar bedrock materials be encountered during excavation such that it cannot be removed or excavated with normal rock excavation equipment(large excavators and hoe rams), then the Contractor will immediately notify the Owner's representative and the Designer for further instructions. B. Embankment/Fill/Compaction 1. Cut and Fills Areas that are to be filled,as shown on the plans or directed by the Designer, shall be constructed with soils that are suitable for stabilized fills and for golf course construction. The embankments or fills shall be so constructed that they will not slip, slide, slump, or move from their deposited location. The fill areas shall be sufficiently compacted to 85% standard proctor compaction at+/- 2% optimum moisture content to prevent future settling or movement. The fill areas shall be constructed of materials free of stumps,logs,roots,or any other perishable,biodegradable organic or non-toxic materials. All fill areas are to be filled and rough shaped within six(6)inches of the proposed finished subgrade as shown on the plans or as indicated by the Designer during field inspection. All cut areas are to be excavated to within six(6)inches of finished subgrade. All cut and fill areas must follow closely the Designer's grading plan or Designer's direction in the field. -7 2. Rough Shaping Rough shaping is considered as an extension of and inclusive in the earthmoving function and pricing of golf course construction. The tolerance differential for earthmoving and rough shaping is plus or minus six(6)inches.Rough shaping consists of bulldozing into place and forming the general golf course elevations, shapes,forms, contours and appearances. This work is normally performed by a Caterpillar D6 or D4 size tractor with a six (6) or four (4) way hydraulic blade. After the Contractor has roughed in the general golf course elevations etc., the Contractor will notify the Designer of his desire to have the rough shaping reviewed and approved prior to moving to the next step of construction activity for the given area. The Contractor is required to make all field adjustments as directed by the Designer with appropriate Designer approval prior to proceeding to the next phase of construction for that given area. C. Sand/Soil Capping The sand and/or topsoil that is used to cap the impacted golf course area shall be reasonably free from muck,rocks,heavy or stiff clays,stones larger than one(1)inch in greatest dimension,weeds, sticks,brush,and other deleterious matter. Specifically,the sand shall have less than 4%fines and be reasonably free of shell rock,clays,silts,and cemented particles. Enough sand must be generated or provided to cover the entire impacted golf course area with a minimum of twelve(12)inches over all fairways and six(6)inches over all rough areas. The sand and/or soil,if stockpiled,shall be placed in convenient non-play construction area for later use. If the Contractor devises a plan of sand and/or soil capping without stockpiling for immediate respreading on areas that have been shaped, readied and approved for sand distribution, this plan must be reviewed and approved by the Owner or his representative. Any distribution of the sand and/or soil can proceed only after the subgrade elevations, shapes, contours and appearances have been approved by the Owner or his representative. Since the distribution is critical to providing a well-shaped and well-drained golf course, extra care must be taken to maintain all of the elevations, shapes,contours and appearances that were created by prior subgrade and shaping activities. The sand must be distributed and spread to the specified minimum depths over all areas affected by construction activities. The sand shall be cleaned of all stones,roots,or any debris or unacceptable material greater than one (1)inch in diameter. This shall be done by stone pickers,rakes,drags,or other equipment or devices which will not disturb the topsoil grade,depth or composition,and accomplish the results desired by the Owner. Also, during this cleaning process,no water holding pockets shall be created and the surface shall be smoothed to provide for good surface drainage. After the sand/soil distribution process has been completed and approved by the Owner,prescribed soil amendments,as called for by laboratory test results,can be applied prior to planting(by Owner). -8 V. SHAPING Since the shaping of the golf course ultimately reflects the final elevations, shapes, contours and appearances of the golf course less the depth of the sand/soil capping, it is mandatory to follow the Designer's contour plan and the Designer's field adjustments. Field adjustments of the elevations, shapes, forms, contours and appearances will be part of the shaping function and is considered a normal part of golf course construction. A. Phase I Phase I shaping consists of bulldozing into place and form more exact golf course elevations,shapes, forms, contours and appearances. This work is normally performed by an intermediate sized Caterpillar D6D or D4 size tractor with a six(6)way hydraulic bulldozer. The equipment operator for this phase of shaping shall have previous golf course shaping experience and shall be approved by both the Owner and the Designer. After the Contractor has shaped the more exact golf course elevations etc.,the Contractor will notify the Designer of his desire to have the shaping reviewed and approved prior to moving to the next step of construction activity for any given area. The Contractor is required to make all field adjustments as directed by the Designer with appropriate Designer approval prior to proceeding to the next phase of construction for that given area. This phase of shaping brings the golf course to the final elevations, shapes, forms, contours and appearances less the depth of the sand capping. During this phase there will be adjustment and refinement for the enhancement of the golf course, especially for strategic and drainage purposes. The Contractor is reminded that shaping field adjustments are a normal part of a golf course construction and these adjustments will not change the shaping price. B. Phase II 1. Part This consists of all Phase I shaping refined to the degree that it is a mirror image of the finished and grassed golf course as drawn, including field adjustments,and less the topsoil and/or sand capping. All areas are shaped and graded in a manner that there are no water holding areas. All elevations, shapes,forms, contours and appearances should tie into the existing surrounding undistributed land as to simulate that the new golf course has always been part of the natural landscape. -9 2. Part 2 Consists of providing the same process and results after the distribution of the topsoil and/or sand capping. The work described in Part 2 is normally performed with a small Caterpillar D-4 or John Deere 650 tractor with a six(6)way hydraulic blade accompanied by a 45 HP industrial tractor with a box blade or leveling blade. As the Contractor was previously alerted to the experience level necessary for the equipment operator for golf course shaping,the same is mandatory for final or finish shaping. Shaping for the greens, tees and bunkers shall be consistent with all other shaping, but it must be remembered that no soil will be spread on the putting surfaces. Additional construction activities performed on the tees and bunkers are fully described in the Features Construction section of these specifications. If any shaped golf course area or feature is disturbed by any other construction activity,weather,etc., including additional golf course construction,the disturbed areas will be reshaped to conform to the original shaped and approved forms. VI. DRAINAGE A. Golf Course Drainage Field drainage must drain to retention areas shown on the plans or as directed by Designer. Retention areas are designed to filter runoff water during percolation to the water table;elevations of the retention areas are critical in meeting regulatory guidelines as well as maintaining a functional drainage system. Surface drainage in all playable areas shall strictly follow the Designer's plans or field direction and shall be shaped to a minimum of 2%to catch basins,lakes, streams, or any other relief point. Any playable areas defined as fairways and maintained roughs, which are less than 2% will be the Contractor's responsibility to assure proper drainage slopes before or after grassing. Any adjustments after grassing will be at the Contractor's expense to put any impacted areas back together. All vertical drainage pipes, those connecting the subsurface (horizontal) N-12 piping to the catch basin at the surface,shall be perforated. This pipe shall be surrounded by a minimum of one-foot (width) of pea gravel or equivalent and capped with four (4) inches of sand at the surface. Catch basin detail sheets follow these technical specifications. On occasion,and primarily due to soil conditions,some areas cannot surface drain properly and will require localized field drainage or French drainage. The Designer and or Owner,if necessary,will select the location for this type of drainage,after the completion of the final shaping. -10 All drainage pipes that serve to relieve water to lakes shall have the outlet point (end of pipe) a minimum of one(1)foot below normal(not high)water level so that the pipe is not seen from the golf course. All drainage pipes shall have a continuous positive fall in grade from drain basin to relief point. All horizontal drainage pipes under the surface shall be covered with a minimum of one foot of clean fill cover that is free from large rocks,sticks,or other debris that potentially harm the stability of the pipe under pressure. In order to locate underground drainage pipe at a later date,with the use of a metal detector,a 1.628 millimeter 14 Gauge direct burial wire must be placed alongside the drainage pipe within the same trench as the pipe. This includes all pipes extending from bunkers,catch basins,French drainage or any other feature or drainage component. The finished grate elevation on drainage basins that are installed as part of this project shall be no less than two and one half(2.5) feet above the controlled water elevation of the lakes to which the basins drain. Any basin that is found to be installed less than 2.5 feet above controlled water elevation shall be the contractor's responsibility and expense to correct. If the contractor has any question as to the elevation of a basin then it should be brought to the attention of the Designer prior to installation. B. Storm Drainage See Owner or Owner's Engineer. VII. FEATURES CONSTRUCTION A. Tee Construction Tees shall be built to follow the Designer's Contour Plan or field instruction to ensure that the tee forms and size blend into natural terrain. To further ensure that each tee is located in the best possible location, field adjustments may be necessary. Therefore,the designer reserves the right to make field adjustments relative to tee locations after the tees have been surveyed and staked per plan and before tee construction has begun. Tees shall be capped with a minimum of at least four(4)inches of clean sand(no matter if the tees are capped with"native"sand or capped with greens mix). If the subgrade is a non-sandy material, the subsurface should be pitched away from high-traffic areas,from other tees,and from cart paths at a minimum of one percent prior to sand capping. Finished surface grades on all tees will be pitched at one-half percent(0.5%) away from walking traffic areas unless otherwise directed by Designer. Prior to grassing,the tee surface shall be compacted,laser leveled and approved by designer. -11 The tee should always line the player up with the desired line of play. This being said, and unless otherwise directed by the Designer,tees should be built roughly square such that they front edge of the tee is exactly perpendicular with the line of flight. This line of flight will be determined by the turn point in the fairway at which a stake shall be placed 800 LF off the center of the back tee to the ideal target or turn point(the stake). When the tee is edged just prior to sod installation, the club requests that the front and back ends of the tees be a smooth continuous arc while the sides of each tee remaining exactly parallel to the intended shot line. The designer shall make adjustments at any time to tees that are less than minimal width or are not lined up properly. The minimal width of any tee shall be 30 feet so that the tees may be maintained properly by riding equipment. The Designer and Owner shall approve any tee that is not at least 30 feet wide and 30 feet long before grassing. Please see the tee detail sheet at the end of these specifications for more information. B. Bunker Construction 1. General All bunkers shall closely follow the size, shape, and depth indicated on the Drawings or provided during field direction. Should there be any questions concerning the degree or depths of slope on any portion of the bunkers,immediately consult with the Designer. All bunkers will be shaped so that there are no water holding areas and all bunkers must have positive surface and subsurface drainage to eliminate any casual water. All slopes shall be constructed so that maintenance can be accomplished with normal golf course mowing equipment. The sand/grass relationship will be defined and marked by the Designer in the field. The clear visibility of the bunkers is stressed to the Contractor. Upon the Designer's comfort level with the Contractor's shapers,the shapers may be given the freedom to make features more dramatic than are shown on the plans in order to make the features as visible as is necessary. The Contractor will be responsible for the edging of the bunkers along with bunker sand installation. All bunkers will have subsurface drainage unless otherwise directed by the Designer. Drainage trenches for all bunkers shall extend into the low area of each bunker lobe or as directed by the Designer. The trenches shall be a minimum of 8" in width by a minimum of 14" in depth, the bottom of which shall produce a consistent positive fall in grade to the relief point.Washed gravel of 1/4"to 3/8"diameter shall be evenly spread 2" deep in the bottom of all trenches. Upon the gravel blanket shall be laid the same pipe used on the greens and then surrounded by the same gravel. Drainage trenches from the bunkers shall extend to lakes, streams, or other non-play areas and drained with 4-inch perforated N-12 type pipe within the bunker(as is specified in the greens). From the bunker to the point of relief, 4-inch solid interior wall N-1 2 type pipe shall be used. Trenches draining into nearly level non-play areas shall end in pits dug 6'X 6'X6'. These pits shall be filled with gravel and capped with 4"of sand. -12 All bunker sand used on this project,shall have a penetrometer rating that is greater than 2.6. The penetrometer value measures the tendency for a golf ball to bury in the bunker sand. The higher the value,the less the tendency for the golf ball to bury upon entering the bunker. Prior to sand installation, the bunker cavity shall be raked smooth and then compacted using a vibratory plate compactor. The Contractor will also be responsible for the edging of the bunkers, bunker sand installation and the compaction of the sand with the same vibratory plate compactor. If after sand compaction it is found that the sand depths vary more or less than what is acceptable within these specifications,the contractor shall be responsible to make all the sand depths within the accepted range. The bunker sand shall be spread evenly throughout the bunker at a compacted depth of no less than 3.5 inches and not more than 4 inches in a manner suitable to the Owner/Designer. The edging of the grass around the bunkers after sodding and sand installation is the responsibility of the Owner. If material used for bunkers is contaminated,the Contractor, at the direction of the Designer, shall place 3.5 to 4 inches of clean native material in the bunker cavity,which shall conform to all plan grades and specifications regarding bunker construction. 2. Greenside Bunkers Greenside bunkers shall follow the Designer's outline in size, shape and depth. The drainage pipe in the bunkers shall never intercept the drainage pipe coming from the green cavity unless otherwise directed by the Designer. No drainage pipe from any bunker shall be run through the drainage in the putting surface. 3. Bunker Sand Sand for the bunker should be a natural white, and of a consistency approved by the Owner/Designer,unbleached silica sand of the following analysis: BUNKER SAND SIEVE ANALYSIS (Particle diameter in mm) 16 mesh 1.19 3.91%Retainage 20 mesh 0.84 5.22%Retainage 30 mesh 0.59 14.59%Retainage 40 mesh 0.42 26.45%Retainage 50 mesh 0.29 32.50%Retainage 70 mesh 0.21 14.12%Retainage 100 mesh 0.15 2.86%Retainage 140 mesh 0.10 0.36%Retainage -13 VIII. GRASSING A. GENERAL The work covered by this section consists of furnishing all labor, equipment and materials to perform, and of performing,all operations in connection with seeding, sprigging, sodding,planting, or the combination of such, and completion thereof, in strict accordance with the specifications (and/or applicable Drawings. The grass species will be defined with these specifications or outlined by the designer in the field. The following is a summary of operations: 1. Limits of all grassing areas as staked by Designer. 2. Tillage,plowed or disked to a 4"depth. 3. Application of lime,gypsum,basic fertilizer,and pesticides as described by the laboratory test results and recommendations(by Owner). 4. Disking and dragging. 5. Removal of stones and debris to a 3/4"diameter. 6. Application of starter fertilizer and pre-emergent herbicide. 7. Final preparation with smoothing harrow or drag. 8. Seeding or sprigging. 9. Compaction. Grassing will commence only after the irrigation system has been installed and is proven operational for one day. The irrigation system must be automatically operational for the Owner to accept the grassing unless the Owner waives this condition. The Contractor will only turn over to the Owner for maintenance a golf hole that has been completely grassed and approved by the Designer. The Contractor will still be responsible for the repair and the regrassing of any areas disturbed while completing punch list items. The grass selection within these specifications shall serve as the Owner's choice. 2. Application of Fertilizer and Soil Amendments By Owner B. TEES 1. Preparation of Sprigging Areas If elected by the Owner and/or Designer,and after amendments have been applied,all surfaces shall be"floated out"using a Toro Sand Pro type machine with a keystone type drag mat or other suitable implement. -14 2. Application of Fertilizer and Soil Amendments After all specified areas have been fertilized,these areas shall then be"floated out"to the satisfaction of the Designer and put in a soft condition for planting. The final sprigging area must be smooth and sufficiently soft in order for the sprigs to be planted therein. The final surfaces must also be free from water-holding depressions or pockets. The condition of the areas to be sprigged must be approved by the Designer prior to planting. 3. Planting All tee surfaces shall be hand-planted (unless they are sodded). The Designer's agronomic consultant shall be the final judge as to the condition of all planted areas after seeding/sprigging and these areas must meet the Designer's approval. 4. Satisfactory Germination and Sprouting Areas will be selected at random and be counted for satisfactory sprouting 20 days after planting. Any area not demonstrating satisfactory sprouting will be raked, refertilized, and replanted at the Contractor's expense. Sprigged areas outside the coverage of the irrigation system shall not be expected to demonstrate satisfactory sprouting if sufficient rainfall has not occurred. Since the proper growth and cultivation of turfgrass is dependent upon a variety of factors beyond the control of the Contractor, the Contractor will not be responsible for failure of planted areas to demonstrate satisfactory sprouting if his operations are impaired by Acts of God,extremely unusual weather conditions (meaning 20%beyond normal range in temperature and 200%beyond normal range in rainfall)and/or unusual or uncontrollable disease or insect attacks. C. FAIRWAY, ROUGH &NATIVE AREAS The areas to be sprigged shall be leveled and raked free of stones larger than one-half(1/2") in diameter and other debris. The existing topsoil/sand capping in all other areas to be sprigged shall be loosened and pulverized to a depth of four(4) inches and all other stones over one(1)inch in any dimension, sticks,roots, rubbish or other extraneous matter, shall be removed from the premises. The surface will be fine graded so that when settled, the surface is free from depressions or ridges and will conform to the required grades indicated. The surface shall be smooth, loose, and of uniformly fine texture at the time of sprigging. The Contractor shall prepare no more ground than can be sprigged in a forty-eight(48)hour period. Sprigs shall be placed within 48 hours of ground preparation. The ground shall be re-prepared if weather or traffic has compromised the friability of the prepared area. No sprigging shall be done immediately after a rain storm or if a prepared surface has been compacted without first loosening the surface to a smooth,loose,uniformly fine texture just prior to sprigging -15 Any slopes on the golf course that are susceptible to rutting or tire marks caused by mechanical planting equipment shall be hand-planted if not sodded. All non-irrigated,out of play areas(far rough or landscaped areas)affected by construction activities shall be prepared for grassing or planting in the same manner as other areas to be sprigged or sodded under this section. D. SOD 1. General Sod provided shall be strongly rooted, not less than one year old, in vigorous condition and free of uncontrollable weeds or grasses. Before any sod is to be delivered,the Contractor shall notify the Designer in writing as to the location from which the sod is to be obtained and the approximate quantity available. The same shall be subject to inspection and approval before it is lifted. Sod shall be grown on a sand base unless otherwise directed by Designer. Sod shall be cut in rectangular sections as required,varying in lengths up to six feet: uniform width not to exceed 18 inches. Sod shall be delivered to the job site within twenty-four(24)hours after being cut, unless circumstances beyond the Contractor's control make it necessary for the sod to be placed in temporary storage,in which case,permission shall be obtained from the Designer. Any sod permitted to dry out or rot may be rejected if,in the judgment of the Designer,it's survival after placement is doubtful. All areas to be sodded shall be prepared in the same manner as areas to be sprigged, including the application of fertilizers and soil amendments.The Owner and the Designer shall approve all areas to be sodded. Sod, as an allowance specified in the Bid Form included herein, will be placed at the locations indicated by the Designer and/or Owner. In general,sod will be required in areas as follows: a. One ring of sod minimum, surrounding the putting surface and collar of the green, as directed by the Designer. b. One ring of sod minimum, around the bunker perimeter, as directed by the Designer. c. One ring of sod minimum,around the tee surfaces,as directed by the Designer. d. One ring of sod minimum,around drain inlets,as directed by Designer. e. Sod as required and available, on the steep slopes on and around green complexes, as directed by the Designer. f. Sod as required and available, on the steep slopes on and around tee complexes,as directed by the Designer. g. Sod as required and available, on lake banks, drainage swales and steeper fairway slopes,as directed by the Designer. The placement of sod is for the purpose of rapid turfgrass establishment and the minimization of erosion in areas critical to good golf course playing surfaces. The priorities of this sod allowance and placement is as previously outlined. Any sod placed on slopes steeper than 4:1 shall be secured from slipping by pegs or other approved methods. -16 2. Sod Storage on the Site Sod that has been lifted on site and is to be used for the project shall be stored spread out,grass side up on a flat surface,other than existing lawn,and maintained in a healthy living condition until re- used. Sod maintenance shall include,but not be limited to watering,as often as necessary,to keep it in a moist condition. No sod shall be stored on the site for longer than two(2)days,unless otherwise approved by Designer. Sod that becomes yellow,dry,or broken,shall be removed from the site by the Contractor at his expense. 3. Sod Bed Preparation The areas to be sodded shall be leveled and raked free of stones larger than one-half(1/2") in diameter and other debris. The existing topsoil in all other areas to be sodded shall be loosened and pulverized to a depth of four (4) inches and all other stones over one (1) inch in any dimension, sticks, roots, rubbish or other extraneous matter,shall be removed from the premises. The surface will be fine graded so that when settled, the surface is free from depressions or ridges and will conform to the required grades indicated. The surface shall be smooth,loose,and of uniformly fine texture at the time of sodding. The Contractor shall prepare no more ground than can be sodded in a twenty-four(24)hour period. Sod shall be placed within 24 hours of ground preparation. The ground shall be re-prepared if weather or traffic has compromised the friability of the prepared area. No sodding shall be done immediately after a rainstorm or if a prepared surface has been compacted without first loosening the surface to a smooth,loose,uniformly fine texture just prior to sodding. 4. Fertilizer Application By Owner 5. Sod Laying The surface upon which the new sod is to be laid will be prepared as specified above. The new sod shall be laid on the finished grade which shall be prepared one-half(1/2)inch below the top of adjacent paving,greens and tee surfaces. This is done so that the sod meets exactly the grade of existing grassed or other constructed surfaces. All work shall be done from boards laid on top of the prepared surface or on previously laid sod. Sod shall be placed by hand with close joints with no overlapping. All spaces between sections of sod, openings at angles, and similar gaps shall be plugged with sod. After lying, the sod shall be watered thoroughly and then tamped with approved sod tampers or rolled sufficiently to incorporate the sod with the sod bed and insure tight joints between the sections of strips. Any voids,openings, or crevices still left after tamping or rolling shall be filled with sand. Upon completion of the above work,the surface of the sodded areas shall coincide with the finish grade and shall be flush with -17 other grassed areas. Sod shall be pegged on slopes steeper than 4:1 with the pegs driven through the sod into the soil until the pegs are flush with the turf. Pegs shall be sharpened one inch square by six- inch long wood or sharpened six-inch lengths of wood lath. 6. Maintenance&Establishment All areas designated for sod shall be covered with a reasonable stand of grass and acceptable to the Designer and Owner. All spots twelve inches or larger,and any areas found not acceptable,shall be re-sodded as specified herein. Those areas that are resodded shall be maintained and guaranteed the same as the initial turf sodding. Sod work under this contract shall be considered accepted upon receipt of written approval issued by the Designer and Owner. All sod work done under this contract shall be left in good order, to the satisfaction of the Designer and Owner, and the Contractor shall guarantee without any additional expense to the Owner to replace any areas which develop defects or die within one (1)year of the date of final payment of the contract. Any outside factors,such as vandalism or lack of maintenance on the part of the Owner,shall not be considered in the guarantee. E. GRASS VARIETIES AND RATES TEES: Celebration Bermuda Rate: 30 Georgia Bushels/1,000 SF FAIRWAYS: Celebration Bermuda Rate: 800 Georgia Bushels/AC(double cut) ROUGHS Celebration Bermuda Rate: 800 Georgia Bushels/AC(double cut) Bahia Grass(sod only) F. GRASSING WINDOWS Grassing windows are the ideal periods for proper germination. The Designer and Owner must approve any grassing outside of these windows. Celebration Bermuda April 1 through October l -18 IX. IRRIGATION The Contractor shall follow the plans, specifications and/or direction set forth by the Designer's Irrigation Consultant, Owner, and/or Designer (irrigation technical specifications to follow these specifications). Reasonable effort shall be made to avoid placing main lines or valve boxes under fairway areas. All control boxes will be located in the field by the Designer or his irrigation consultant. Control boxes should be located in areas with good access from the cart path and have good line of site vision to the coverage areas. Control boxes should not,where possible,be visible from the normal playing surfaces of tees,fairways and greens. X. CART PATHS All cart paths shall closely follow locations shown on the drawings or the Designer field direction. The paths must blend into the golf terrain as naturally as possible and all slopes and grades shall be acceptable for golf cart use. Cart paths shall meet all public safety standards applicable and shall be the width specified by the Designer. Prior to cart path installation,the path sub-base should be compacted to 85%of Standard Proctor at +/-2%of optimum moisture content. The Owner may preform compaction tests on the subgrade as required and any areas not meeting the compaction and moisture specifications will be reworked by the Contractor and retested prior to cart path installation. The Contractor is responsible for the cost of all failed tests. Concrete cart paths shall not be constructed by the use of a slip-form machine. 1" x 4" flexible wooden form boards should be used in forming.2 x 4's or other non-flexible materials should not be used due to their inability to produce a smooth curve. Any cart path with uneven or unsmooth edges that is not approved by the Owner or Designer shall be replaced at the contractor's expense. In addition, any cracked sections or any part of the path that holds water on the surface will be the responsibility of the contractor to repair or replace upon review by the Designer or Owner's representative. In certain areas,the cart path may contain a drainage inlet to intercept water prior to drainage into a wetland area or area of play. Cart paths shall be shaped,formed and poured to create a gently sloped basin that shall direct all runoff to the drain inlet. The drain inlet grate shall be flush with the finish grade of the cart path. The curb shall be a minimum of four inches in height and at least six inches in width(from toe of slope of curb where curb meets the path to the outside or grassed edge of the curb). The curb shall be poured at the same time as the path itself. In some instances,drainage inlets will be designed to relieve surface runoff within the path. In this case,the catch basin grate shall be flush with the finish surface of the path with no less than four inches of concrete around the basin(depth). The grate shall be placed in the crease between the path and the curb. For bidding purposes,the curb in both height and width is in addition to the width and thickness of the concrete path. In other words, if the concrete path is specified to be eight feet in width,then the path with the curb shall be a minimum of -19 eight feet and six inches in width as measured from outside edge to outside edge. Please see cart path and curbing detail sheets. XI. BRIDGES For specific details see Owner or Owner's Engineer. XII. BULKHEADS (Stacked Rock Walls and Rock Wall Culverts) For specific details see Owner or Owner's Engineer. XII. PROJECT RECORD DOCUMENTS An accurate (to scale with dimensions) As-Built Drawing shall be prepared by the Contractor throughout construction of the golf course, indicating exact locations of all underground materials installed for drainage and irrigation. A copy of the As-Built condition drawing shall be submitted monthly,with the invoice showing the progress of the work. The Contractor shall also provide an updated critical path schedule of the progress of work with the monthly application or via weekly meetings. XIV. PROJECT CLEAN-UP The Contractor shall maintain the premises and the golf course site in a reasonably neat and orderly condition free from accumulations of waste materials and rubbish during the entire construction period. Remove all crates,cartons and other flammable waste materials or trash from the work areas at the end of each working day. It shall be the responsibility of the Owner's representative to see that the Contractor maintains a clean job site. Before acceptance of the job by the Owner,the site and premises shall be thoroughly cleaned by the Contractor to the satisfaction of the Owner. This will include any rubbish or debris accumulated in and along wetlands,creeks,river basins and residential areas which must be cleaned up during and upon completion of the job. The Contractor shall be responsible for any street, curb, drainage or any other damage to infrastructure around the golf course during the period of construction activities. Any damage to the infrastructure shall be completed immediately following the completion of construction activities unless otherwise directed by Owner. -20 XV. PROJECT CLOSEOUT The Contractor shall notify the Owner, Engineer and Designer that the golf course is substantially completed, in the Contractor's estimation, and the Contractor is ready for the preparation of the punch list. The Owner,Engineer and the Designer shall prepare a working punch list of items which need to be addressed, adjusted or completed by the Contractor prior to completion and turnover of the golf course to the Owner. The Contractor shall be responsible for satisfying all items on the punch list unless the Contractor objects to any of the punch list items. If there is an objection to any of the punch list items, the Contractor will immediately notify the Owner in writing, within five (5) working days after receipt of the punch list. If a dispute exists concerning the punch list,that dispute will be settled according to the Owner/Contractor agreement and the Plan Document. In any event, all the other punch list items shall be completed without delay. Certificates The Contractor shall obtain certificates of approval, acceptance and compliance from all authorities having jurisdiction over the work and shall deliver these certificates to the Owner's representative. The work shall not be deemed complete nor will fmal payment be made until such certificates have been delivered. Guarantees The guarantees required by the General Conditions are hereby supplemented by the following: The contractor shall deliver to the Owner, upon completion of all work under this Contract, and before final payment is made, his written guarantees. These guarantees shall be made out to the Owner,in a form satisfactory to the Owner,guaranteeing all work,materials,appliances,equipment, etc.,provided under the Contract to be free from defective materials,and/or faulty workmanship,and to be watertight and leakproof. In the guarantee,the Contractor shall agree to replace or re-execute, in a manner satisfactory to the Owner, without cost, delay or hardship to the Owner, such work, materials,appliances or equipment,as may be found to be defective or faulty. The Contractor's overall guarantee shall cover a period of one (1) year. With this guarantee, the Contractor shall obtain and deliver to the Owner his subcontractor's guarantees as listed in the respective sections covering the work and materials of these specifications. -21 Operating Instructions Wiring diagrams,piping diagrams, installation instructions,parts lists and similar information shall be furnished for mechanical and electrical systems,all manufactured items and Vendor's equipment. The Contractor shall be responsible for assembling this material and turning three(3)copies over to the Owner at the completion of the work. The Contractor shall furnish the services of qualified supervisory personnel to start-up the equipment which has been Contractor furnished and to instruct the Owner's operating employees as to the procedures to be used in starting up, operating, shutting down, lubricating, oiling, adjusting and maintaining said equipment-as covered more completely under"Irrigation"in the Plan Documents. Owner-furnished equipment, if any,which is installed by the Contractor shall be started up by the Owner. All necessary minor adjustments to this equipment shall be made by the Owner. However, if the Owner furnished equipment has been improperly installed or has been damaged during installation,the Contractor shall be responsible for performing the necessary tasks in order to furnish the Owner with operable equipment. The Contractor is cautioned that the operating instructions called for in the above two(2)paragraphs are a specific requirement and that the Contract work will not be considered complete until the written and printed information is submitted in an acceptable form to the Owner and until the Owner's operating employees have been properly instructed in the use and care of the system and of the component parts of same. The Contractor shall install on the inside door of each controller the heads each station controls. Tests Before acceptance of the whole or any part of the work,it shall be subject to tests to determine that it is in accordance with the Plan Document. The Contractor shall be required to maintain all work in first-class condition for a 30-day operating period after the same has been completed as a whole and the Owner has notified the Contractor in writing that the work has been finished to his satisfaction. The retained percentage, as provided herein,will not be due or payable to the Contractor until after the 30-day operating period has expired. -22 Construction Detail Sheets Cedar Hammock Golf& Country Club Construction Detail Sheet List The following list contains those construction details,which are part of the Cedar Hammock CDD golf course renovation project. All details can be found on the pages immediately following this list. Tee Construction Bunker Construction Typical Green & Bunker Drainage Scheme Temporary Bunker Drainage System Perforated Drainage Trench Detail Drain Inlet Detail Concrete Cart Path Detail Cart Path Joint Detail Cart Path Rolled Curb Detail Drainage Collection Along Concrete Cart Path Dry Stacked Rock Retaining Wall (by Engineer- pending) Wood Bridge Detail (by Engineer- pending) ,I 5r,I% ci w ZY;5L V 6 OM 0 44 t 't 1 E it W ,-- rn 1:4' 1 - g. 1111 c) iiia '4,,,,, $gri i II 0.'4 M7- Z tql1 1 i U ti 4.;4 71---- ---'--------1 � III- � M W p4 8 \\E-_- QAw o S — ,:.„ ., pz A o2 H p P. � � c„ � Itcila 1 Q III= �0�1 �' v 4 T Iii �' W Vr Itt 1;a41 goo W - higt, � ob KA ni-4,10 \ g ozmg, r/2 ,, SI —IIIII z ,.• vNM � I,%IIIIIIIIii la. 1 -':ii, II \ \, li % \...'› 1% II \\> \A ....<.-- I ,cieg'' 01 53. ;: CA 10 ...- --.00113313511a ‘004 v2. ----\----\------\\------:-\...-----Ii.k is4 \,\ \ ..----\ \\\ \ L01, \ 10" ---\ ?"114 S'l ., •.\\\ ---.\-- 0 vi` \.! 0°I \\ * IA tt; c:4A ?' \\\ VA S ,„,‘4 .....\ \\ \. cod Vgg4 Z VV:1\-% \,r) c) Ps el60,‘ \_ If.. .fik 10,1k% A. \ 14.!:,,111\‘- C\\ -i: ,ELII: lict-----\\\- c, 4k . V',,,. V..t . le.-- \L.1 ." \ ,C1-. \ ..••• \.j... SCilak hi f . i • J . v J, \y At itt g x �� Ad t *t 41b,_ r1:0 t '410 `. 3uw + ®® "� \ m FC-) m v,4 /���_ 7 \Ceit 1‘ °a'' % \ \ 1/ e"/ i 14 54 e k Jt V cC �l It A\ YP \ \ U `,``'/' 0AtlaSgm ` k (----.), ti, ! \ \it 1 4 \ / \ / / / • \ A,ii ‘' 1' •, --it'6 ‘ 4 %.„.,,, cg:( 70 c4,,,, \........z--.1 „,...H....r. . ,,..N ,,,n -4:,,s ..,,,4 � �©NUG � F 4 \ 9 \ p, I g J` i J • 1 o- �` \\��\��\ ar t 4k 1 i4•_ _ . 4 \%\ 5�j t i `.`\\\\\�\i\i\i :,:.. i\\i\\�\i\\-\\i v,\\..\\�\�\\i\\i\\� 30 4161--4 le, t \\\ \ \i- \\% \ i,` I sl \\ 2\ :.\"\\%\\\\ I6� 1'1"\\ •:0 \.,,...-\- \� Set% \/\, \\\ \ \\ ca e .?°:„ \\�\ \ �\\�\�\\/\ 1111;00N %.'\%.,..9'.2'\ \�\\� \\%(\•-.../. clid \�i\\i� W -,' -,\ r .. , ` 01 N0' yt Nr Z N. • N�N \\,�\\ -i. \\i \ \%\,i0 \-A \' `N \\ irldilli \ 14,4 \\ . .Si ailb lir i*, ,\,\\-.-. 14 i t � ti 4 AWw4ii _,/,,,airq f .6 `_ lge...4.0.--,<,..\\,---\\\.:: 2 0 ltiowl.,40,...2. ,--- -....---\ \ igfiglA-7-.-._,\\\ ,....\\\ -,- c:), Ilii► :5\ ° \ \\, \ \\\\\\ \ \�\\�� -_\>.-\\\.• \ \\Tk Ci'd \\ %\%\\ \\-i\>i\\ \\\-% \ �\�\\\ \\� 4;.,11 \,-,>--\ \\\\,-,\ \ a ,-- t I W A t t t % 1 ta‘s , ws t at \ CA, - t0 i, --- s4 `N i� /W I i/� \ I 1 oi, i, f e :V: PI III- : A' bi w - 11=1 1=1�, i 1-III=1111111 1111 R ,t � om 1 � � _ - I I g Arat i o —I:4 l trxt, _ ily 4 g fUltAll...-_,. . -k igi 1.=III=LIIII=III=1 Atilt7 et° P =III=III=III=III A 1111=7:111E7-111E-111-1=7,11 I I-III-III-III- � �I I II I II I II I I-.I l ' 1 III=1II_= SII-111- Ra 1 R 1a \ tl'C' 4:A ga.... .j",... . \ — , .-,. . . i=i2a Iit ,.:„j• \ , . 0 w— t‘ t IttA .,.•Ifli; \\ 4.4 slelk,,,-1 N.,•40,,,‘ ‘0""k TA '•.:.:...:,:.:...IA \ 'f ,‘ p-k i, A •.'''.':".:::,-.-.....,'"it \% 1/0 0 CA d tgl .°` 0 3,, r---til3t it.stiity. %..., t tir to tt ta Itl ,, t cm th it, to PA `Ara \ t 1- y _ G J 0 0 W 0't // ' ;'T... , �V O v Px .. 1 1 v 14,W A ii..1: S ; # ,, t/1 0 iN 00 Zoto VPilee ?.k % •• .a r4)0 N V. 461-4 ip.0, 4 , \ ,....,, -s---,0, . 744 V Via 00 rii t.5.i,tt o � Z \T i \/ 0 Q VA'A VArA t*1 C4' t 1% V4t: ' 18 A A °' t `44 2. , z.:r i. 0\-'..1' ., 0PA ve )r °A VO c4 A i -.;:, , ' .,i s4 talQ i), 3 c6 VO s-134 S r,,,L) s i.e \il0 A'"P4k0 ,A U '� 0 o GG I_ T Il111-1:7H_- _:1 I I= I, Illi -717111-=W-I'-_--11117=111-1= O 11= 1=-_-' 11==-111-1-_---111-F_--11 Z , 111=l I I = 11=111=111= 111_111-1 H =1 : \ - O 4 1e ; 111 14 0.4 1 - e iI II- Wd• ig W c.'.1 e I.i.�:V,I I-111 11- 1I1— 1 I 1 W : .:. ': 1=III 1 W 01 . 1 S d . ......,„i. E;.,: 111-1 ' 111= W o O W � o1 � ,�: 1=1 I I i =1 !! H I ... . �,., I-111 I -I I 111--1I 11 W ' 1 = 1 c 0 _ __, -.:-, 1-__--- -__-11111-111—I 1I 1 I- i Z 1--111_1 1-111 11 Q 111=111=-=-1111---11 ' I� 0 =I I I-111_111 11--z-_,- -___--111_-__=_111 11 � � III—IIi- A III— a —I 1 = Supplemental Information Cedar Hammock Golf& Country Club L O ::I 1:: Or) 1 . lit- !, . 1_1 1 E.) fr.; II II I; O -I N °° -J po l} ::l l:: O J ¢ l: - Z Z EF irl Oa - - _ w a. J 'I O a w WO _ LT, O o r - - - -T -•-z z p iiiU :: • .O O L ° El OCO 1 _f J J U U CJ Z �` ,--10,1 LLI 0 Z SV Ti \N iN S O .E. VI a 0 O w w D rn H- 0 LA cc r z a a O Wd SFI Lc o, P!� a t- � �� ~~ 71 �_ ,., , 'i�l1I��J 11 I 6 1 3-L -1 - - ■ !'.1I 3-9Z-d 7,, . 'il ______,_ i 4ll,'I �i1- Hi'''' i J 't'�....T: il i=1 1 Ild �- N z f.=111.41016:'-11 ,1��iCC , I � ` I NazQ(___1ll - o INF41 r4' ''''' N c) 1 0 -. 11111169.- \., , i, ,4 km. IA."V p --P1.- 1')1 � �3-9Z-a i 1 illy. i 13-s -a i w � � I f \ 4�g .�� 4 I•14 ' 4 o,o a,� 14-1 v w� - iii C' i m h ro ro Q 2 ro z a '2 y 2 E y .5- 2wC)0 'n ° & a,lom oa, ro.NaQ - o �oiacvi Lu w o 2 N v ,T, p v o ka Q w u 4 _ -.o a c tn Z 2woo e m a� o i O O -4 I� hp 3 Q Q?22U aro,C . i t 0- C t» o to° ! N O :41- O i W W W_ �uQI- Z°W 0- m e y t R' p LL.,cc 2pw22 W 14 1- 2 a Vi rn ti 23 wptnwl--.I p w m . a c F- tnY m2w� w z h a°h m` y YC QC�ZQQ ZI c v w i I _5-~ZLw0 in m73 c c c c CY 41 C t 11.1 �U cD am a 0 `a �m l�ww Z Oa ,:6 a E Q r�U��� ¢ ro m k� `o ° to u >C 2 Sw02w p o p ro " ro W I- .-.N F•toQl-Q> l7 �i o �n m to`a t Z Z m 00 .-. to W 2 O Z N o0 z /cr LL, `t ry W~ I ci Li, CC o Lu / --.� / 0 0 cc in (N/141) (WIN) , / Z in 2 ti La, ,L-,t 0d / `t x LL, s / w \- Qo m ' I r'\01111o M —o a ,r) H ;/1 o Itz y 0 Lu-F,1 v L' w - a • 1 ti,Z — v �Q Q I� ,.'...,. .. : ..4, p 1 apjf _J se cc a••I A1J A I • 4,- • • I• _ i � 10 .. 8 �sir. ••4. ;,_ � },� r• ups ore maw .�. Ai ..:. ,...... -•:: ._.,,,);.4 • )\i . lo C.; ` 3 In 83 a O Z 0 W W—4 Q Q --I m W Q Q 0 C t ti 0 � o Z° 3= U 0 l07 a II O W m 2 Q O N Q2 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT INVITATION FOR BIDS FOR CEDAR HAMMOCK CDD LAKE BULKHEAD AND BRIDGE REPLACEMENT AND REPAIR PROJECT AND NOTICE OF PUBLIC MEETING TO OPEN PROPOSALS Cedar Hammock Community Development District("District")hereby requests Sealed Bids from firms to provide labor, materials,equipment and construction services necessary for the District's Lake Bulkhead and Bridge Replacement and Repair project ("Project"), as more particularly described in the project manual described herein ("Project Manual") and in accordance with the plans and specifications prepared by Banks Engineering.("Project Engineer").The work generally consists of lake bulkhead stabilization and installation, and bridge removal demolition and replacement at specified locations in the Cedar Hammock community. The District is a special purpose unit of local government established under Chapter 190, Florida Statutes,for the purpose of financing, acquiring, constructing, installing, operating and maintaining community infrastructure improvements for the community of Cedar Hammock. To be eligible to submit a bid, and in addition to any other requirements set forth in the Project Manual, an interested firm must hold all required local, state and federal licenses in good standing and be authorized to do business in Collier County and the State of Florida. TIME IS OF THE ESSENCE WITH RESPECT TO THE PROJECT. A Mandatory Pre-Bid meeting will be held on Wednesday, October 30, 2019 at 2:00 P.M., at the project site. Attendees will need to check-in at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard. Naples, FL. Attendees should allow sufficient time, approximately 15 minutes,for check-in. The Project Manual consisting of the specifications, terms, conditions, general instructions, bid submission documents and other relevant materials is now available and may be obtained at the following internet site. https://beiengineeringdroupinc- mvsharepoint.com/:f:/q/personal/apassini banksenq com/EaCQhpJUVb9JiPY CqzwnUEByyY 1VEOLe2Z nOgl0i412g?e=U9gXho It is the bidder's responsibility to check the above website, for final documents and addendum prior to submittal. The District reserves the right in its sole discretion to make changes to the Project Manual up until the time of the bid opening, and to provide notice of such changes only to those proposers who have indicated their intent to bid by attending the pre-bid meeting (described above)and registering at that meeting. All contractor Requests For Information (RFI), must be submitted on or before 12:00 P.M. Wednesday, November 6, 2019, local time to Sam Marshall at SMarshallc BanksEng.corn. The Engineer will not respond to RFI's submitted after that date and time. Depending upon the nature of the information requested, an addendum may or may not be requested. Sealed bids will be accepted at the office of Banks Engineering until the following submittal deadline: CEDAR HAMMOCK CDD LAKE BULKHEAD AND BRIDGE REPLACEMENT AND REPAIR PROJECT INVITATION FOR BIDS 00100-1 SPECLIB072613 Tuesday, November 19, 2019 12:00 P.M. Banks Engineering Attn: Sam Marshall, P.E. 10511 Six Mile Cypress Parkway Fort Myers, FL 33966 Bids delivered after the submittal deadline indicated above will not be opened or otherwise considered. Please note that facsimile, email or bids not enclosed in a sealed envelope will not be opened or considered. Any uncertainty regarding the time a bid is received will be resolved against the bidder. Each bid shall be accompanied by a Bid Bond for 5%of the maximum Bid amount. Each bid shall be submitted in duplicate originals along with all documents on a flash drive in one sealed envelope with the name and address of the bidder and the bid date and time on the outside along with the following information: BID FOR CEDAR HAMMOCK CDD LAKE BULKHEAD AND BRIDGE REPLACEMENT AND REPAIR PROJECT The successful bidder(s) will be required to furnish and pay for a Certificate of Insurance, a Performance and Payment Bond for one hundred percent (100%) of the value of the contract(s) (as described in the Project Manual), with a surety acceptable to the District, and in accordance with Section 255.05, Florida Statutes, and otherwise meet the other requirements set forth in the Project Manual. Bids will be evaluated in accordance with the criteria included in the Project Manual. The District reserves the right to reject any and all proposals, make modifications to the work, award the contract in whole or in part to one or more contractors with or without cause, and waive minor or technical irregularities in any proposal, as it deems appropriate, and if the District determines in its discretion that it is in the District's best interests to do so. The project is contemplated to be completed in phases over a multi-year time frame. Any protest of the Project Manual, including, but not limited to the terms and specifications, must be filed with the District within 72 hours of the pre-bid conference,together with a protest bond in a form acceptable to the District and in the amount of $50,000. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses and attorney's fees associated with hearing and defending the protest. Failure to timely file a protest, or failure to timely post a protest bond, will result in a waiver of proceedings under Chapter 190, Florida Statutes, and other law. Additional requirements for filing a protest can be found in the District's Rules of Procedure, which are available upon request. CEDAR HAMMOCK CDD LAKE BULKHEAD AND BRIDGE REPLACEMENT AND REPAIR PROJECT INVITATION FOR BIDS 00100-2 SPECLIB072613 NOTICE OF SPECIAL MEETING TO OPEN PROPOSALS Pursuant to Section 255.0518, Florida Statutes, the proposals will be publicly opened at the District's meeting to be held on Tuesday, November 19, 2019 at 2:00 P.M., at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, FL 34112. At the meeting the names of the proposers and pricing will be announced. No decisions of the District's Board of Supervisors will be made at that time. A copy of the agenda for the meeting can be obtained from the District Manager. The meeting is open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when one or more Supervisors will participate by telephone. Any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at(954)753-5841 at least two calendar days prior to the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. District Manager Cedar Hammock Community Development District CEDAR HAMMOCK CDD LAKE BULKHEAD AND BRIDGE REPLACEMENT AND REPAIR PROJECT INVITATION FOR BIDS 00100-3 SPECLIB072613 From:RICHARD MARTELLA<rmartella@hotmail.com> Sent:Saturday,October 5,2019 10:05 PM To:Faircloth,Justin<justin.faircloth@inframark.com> Subject:Root invasion under condo Hello, This email is in regards to the lack of response to the issue of ficus tree roots growing under the foundation of my condo 3817 Buttonwood Way,at Cedar Hammock. I have on numerous times tried to get a resolution to the problem and have been told it is being worked yet nothing happens and no communication from the CCD or the local HOA. I will say that the erosion that has been caused by the roots was filled in by the grounds maintenance company but this does not fix the ongoing problem. They have said that the trees have to go and have told this to you company,(representative).Over two years ago So unless there is some form of reasonable resolution you are leaving my no choice then to retain legal representation and file a law suit. I feel I have been very patient about this but after three years I have had it. Respectfully Richard Martella Cell:248-790-9111 From:Faircloth,Justin Sent:Sunday,October 6,2019 11:43 PM To:RICHARD MARTELLA<rmartella@hotmail.com> Subject:CHCDD-RE:Root invasion under condo Mr. Martella, Thank you for your email. I do not recall ever being notified about this issue previously, but will gladly share your concerns with the Board at the upcoming CDD meeting. I am not sure if you meant to send this email to the CDD, as the ficus trees I believe you are referring to are on Club property located north of your property. The CDD does own the lake behind your home and Buttonwood Way. Sincerely, Justin Justin Faircloth I CAM, CDM I District Manager 61 N FRAMARK 9 N1RAS1RUCTi)RE MANAGEMENT SERVICES 5911 Country Lakes Drive I Fort Myers, FL 33905 (0)239.245.7118 ext. 306 1 (M) 239.785.0675 I www.inframarkims.com Justin Faircloth I CAM, CDM I District Manager 6 I ISI FRAMARK §kf Hh,i RUC7 J5t M ANA6f1.iLNT SCR ICES 5911 Country Lakes Drive I Fort Myers, FL 33905 (0) 239.245.7118 ext. 306 1 (M) 239.785.0675 I www.inframarkims.com SUPERVISORS.PLEASE DO NOT REPLY TO ALL AS THIS COULD BE A VIOLATION OF THE FLORIDA SUNSHINE PROVISIONS. CONFIDENTIALITY NOTICE:The information in this email is intended for the sole use of the recipient(s)and may be confidential and subject to protection under the law.If you are not the intended recipient,you are hereby notified that any distribution or copying of this email is strictly prohibited.If you have received this message in error,please contact the sender immediately and delete your copy from your computer. From: RICHARD MARTELLA<rmartellaPhotmail.com> Sent:Saturday,October 5,2019 10:05 PM To: Faircloth,Justin<iustin.fairclothi inframark.com> Subject: Root invasion under condo Hello, This email is in regards to the lack of response to the issue of ficus tree roots growing under the foundation of my condo 3817 Buttonwood Way,at Cedar Hammock. I have on numerous times tried to get a resolution to the problem and have been told it is being worked yet nothing happens and no communication from the CCD or the local HOA. I will say that the erosion that has been caused by the roots was filled in by the grounds maintenance company but this does not fix the ongoing problem. They have said that the trees have to go and have told this to you company,(representative). Over two years ago So unless there is some form of reasonable resolution you are leaving my no choice then to retain legal representation and file a law suit. I feel I have been very patient about this but after three years I have had it. Respectfully Richard Martella Cell:248-790-9111 Sent from Mail for Windows 10 • k-PT, ''. pr y. IR Aw r F F0. 1....'""'". 'r nom'`,{7 1111 *III*0,„„b lilly Keeping your community informed. And you compliant. Cedar Hammock Community Development District Proposal date: 2019-08-01 Proposal ID: GJQXD-ZUBQE-PZDDW-HX2SF Pricing 2 Services 3-5 FAQs 6 Statement of work 7-8 Terms and conditions 9-12 Ted Saul Director- Digital Communication c 0 t er;r�ied Specialist 4 , Pricing Effective date: 2019-08-15 Implementation Quantity Subtotal On-boarding of ADA Compliant Website and 1 $1,512.30 Remediation of Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Annual ongoing services Quantity Subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly accessibility site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service 750* $937.50 • Remediation of all PDFs stored on your website • Remediation of up to 750 PDF pages • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included *Maximum PDF pages per 12 month period Total: $3,064.80 Accessibility Compliance with Cvmpus Suite WEBSITE AND ACCESSIBILITY SOLUTION Ory ' tet"" .. y (,x a' ``5 avid �r tr fT ,.--',:,*.n:' '''''' - � iF�h _..at*...t.d 140:1 11 L... A II 60"'' ''1•".f•,*_ , v,,, ,`"'''',.. . l‘filtp t Accountable, compliant communications Keeping your residents and property owners informed is a Designed for districts big responsibility-one that requires constant diligence. Staying current with the laws that apply to public access to F:-.:41.1 district records, reports and other legal requirements Easy-to-update website, presents a big challenge for many CDD communities. hosting and support When it comes to your website and all the web-based III Worry-free ADA-compliance, documents you are required to publish,they all need to be auditing and full reporting fully accessible.Florida statutes and federal laws require you and every special district be compliant with ADA (Americans with Disabilities Act)and accessibility regulations. Meets Florida statutesand federal laws Keeping it all accessible - and legal III Save CDD board time Campus Suite provides the total accessibility solution to and money keep all your web communications and web documents on the right side of these laws- specifically chapters 189 and 282 of the Florida Statutes. campus. WEBSITE AND ACCESSIBILITY SOLUTION h Keeping p g your '�, community informed r� Q and compliant. ✓ire fr Accessibility Compliance with Campus Suite We'll handle all your website Maintain ADA compliance: and document accessibility. ✓ Website and documents meet WCAG 2.1 requirements We take on the responsibility of making and keeping your ✓ Monthly accessibility scanning website fully accessible to people with disabilities.We know audits and reporting what's at stake if your website is not ADA-compliant, so we ,/ In-house team that fixes all of handle it all- monitoring, reporting,and remediation. the accessibility errors We stand behind our seal of approval. ✓ On-demand PDF remediation Each page of your website will have our official certification of a (48-hour turnaround) website that meets the required accessibility standards. A website with all the features Your district website features: your district needs. ✓ Professional website design Communication is key to success in any organization,and ✓ Easy-to-use tools to make updates your community development district is no exception.At ./ Total document management Campus Suite,we understand the unique communication ✓ Support and training for users needs of CDDs and create a comprehensive website that serves as your communication hub. '7 Calendar of events Clubhouse and rental scheduling Your property owners and residents will come to depend on ✓ Meeting notices and minutes the wealth of information at their fingertips.And your board members,management team and staff will come to rely on the role your website serves in streamlining the critical communi- cations functions you're required by law to provide. campus WEBSITE AND ACCESSIBILITY SOLUTION campus. �" suite �. F. ... .hR �Y%. " as g• ' _,,,,.. ''k F X A trusted name for compliance. �.� „x,.rr,:, For over 15 years,Campus Suite has built a reputation helping public schools f jce,.. across the country eliminate communication barriers and improve school ,,�Hi,r sir community engagement.We do it by creating easy-to-use,affordably priced websites featuring professional design,unmatched customer service,and paving a leadership role in website accessibility. /�,,�~'t'1`'>,, w We've helped districts build web accessibility policies and websites, and even I\ 'I created contingency plans for responding to web issues and complaints from the OCR(U.S.Office for Civil Rights).These include detailed resolution plans when clients need to respond to avoid fines and the negative publicity that sometimes surrounds non-compliance. v\1Vr . Campus Suite has also pioneered educating public institutions about website •.../ accessibility by establishing the Website Accessibility Education Center, a \t' C fA.C 2.0 valuable resource for website administrators.. L.. Campus Suite Academy 4/14, Website Website Accessibility Center www.campussuite.com accessibility center Frequently asked questions For PDF service,what is the price per page? Pricing can range based on the volume of PDFs you have on your website and if it is part of the initial remediation or the on-demand service.The price range is between $1.05 per page to $1.75 per page. What does the PDF scan and remediation process look like? You'll upload your documents to the dashboard.We are notified and begin setting up the scan. After the fixes are made,we put the documents back onto the dashboard and you are notified. You then put them back to the appropriate location on your website. What does the ADA managed service process for our website look like? Our team performs monthly scans of your site utilizing software.Our team then goes through the results and fixes the content-related errors by hand. A report is produced for your records and uploaded to your ADA dashboard.Any outlying issues we may encounter,you will be notified until the issue is resolved. How long does it take? For non-urgent doc remediation,we can scan and fix up to 2000 pages per week. We also have urgent services available for an additional fee with a turnaround time of 48 hours. What standards do you follow for ADA? We follow WCAG AA 2.1 guidelines Are there any hidden fees? No. How long does it take to build the website? It depends upon your responsiveness,but generally only a couple of weeks. Can we change the design of our website? Our themes are customizable to address your preferences. There are some guardrails in place to help ensure ADA compliance to a degree,but you can select colors,images,etc... Do your sites offer a calendar? Yes. This site can be utilized in many different ways. One of which is a calendar to help with your clubhouse availability/rental schedule. Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District.At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes: a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number) in case users encounter any problems; 3. Display an ADA compliance shield,seal,or certification; 4. Provide options to create a CDD-branded design(colors,logo, etc...) 5. Be accessible on modern versions of Internet Explorer,Edge,Mozilla, Safari,and Chrome web browsers and be"mobile friendly"and offer a"mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware,virus,or malware; 8. Secure certification(https) 9. Secure cloud hosting with fail-overs 10.Allow for data backups,and record retention as required by law; 11. Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation,and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 2. Remediate in an ADA compliant format new documents(a not to exceed 750 pages per year) uploaded by the District Manager to the document portal;* 1. For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website.Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data,including files,text and parameters; data will be backed-up on a separate storage system at regular intervals;and 5.The ADA compliant website will be on-line at all times unless maintenance or upgrades require it to be unavailable.When maintenance or upgrades require the website to be unavailable,Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with(1)WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2. After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website;and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST,exclusive of holidays.The Contractor will provide a listing of detailed hours,holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. Website Creation and Management Agreement This Website Creation and Management Agreement(this"Agreement")is entered into as of 2019-0815, between the Cedar Hammock Community Development District,whose mailing address is 210 N University Dr, STE 702, Coral Springs, FL 33071 (the"District")and Innersync Studio,LLC.,an Ohio limited liability company(d/b/a Campus Suite),whose mailing address is 752 Dunwoodie Dr., Cincinnati,Ohio 45230(the "Contractor"). Background Information: The District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980,as codified in Chapter 190,Florida Statutes. The District is required to have a website and desires to have a website created,regularly updated,managed,inspected, and remediated to ensure compliance with the Americans with Disabilities Act(the"ADA").The Contractor has the technical expertise to provide the above-mentioned services. The District desires to retain the Contractor to provide services as described in this Agreement. Operative Provisions: 1.Incorporation of Background Information.The background information stated above is true and correct and by this reference is incorporated as a material part of this Agreement. 2. Scope of Services.The Contractor will perform all work,including all labor,equipment,and supervision necessary to perform the services described in the"Statement of Work"attached hereto. 3.Term and Renewal.The initial term of this Agreement will be for one year from the date of this Agreement.At the end of the initial term,this Agreement will automatically renew for subsequent one-year terms pursuant to the same price and contract provisions as the initial term,until terminated by either party pursuant to the termination provisions below. 4.Termination. a.Either party may terminate this Agreement without cause,with an effective termination date of the next scheduled renewal date,by providing at least thirty(30)days written(letter,facsimile,email)notice to the other party prior to the next renewal date. b. Either party may terminate this Agreement with cause for material breach provided,however,that the terminating party has given the other party at least thirty(30)days written(letter,facsimile,email)of,and the opportunity to cure the breach. c.Upon termination of this Agreement: i. The Contractor will be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement,subject to whatever claims or off-sets the District may have against the Contractor. If any deposit or advanced payments exceeds these costs,Contractor will refund the appropriate amount to the District. ii.The Contractor will provide the District or its designee with all domain names,authorizations, usernames,passwords,and content(including remediated content)in the format in which it was stored on the server,at a cost not to exceed S50 to the District. iii.The Contractor will be permitted to remove its name and ADA compliance shield, seal,or certificate from the website on the effective date of the termination. iv. If the Contractor was using certain software(including content management software)that is proprietary and was licensed to the District during the term of the Agreement,then the Contractor shall coordinate with the District as to the end of the license or simply create a simple splash page of the District with information on the transition to a new website. 5.Compensation and Prompt Payment. a.Upon execution of this Agreement,the District agrees to pay Contractor for a one-time payment of $1,512.30 for the Onboarding of ADA Compliant Website and Remediation of Historical Documents. b. Starting on October 1,2019 the District agrees to compensate the Contractor$1,552.50 for Domain Fee,Maintenance and Management of the Website,Monthly Auditing and Remediation Services,and Support Services as described in the Statement of Work. The District shall make such payments in advance of the services to be provided.Contractor will provide the District with an invoice on a annual basis for work to be performed.The District will pay Contractor within 15 days of receipt of the invoice. 6.Additional Work.If the District should desire additional work or services,the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations,the parties will agree in writing to an addendum(for changes to the regular services)or work authorization order (for all other services). The Contractor will be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. 7.Ownership of Website,Domain Name,and Content. The District will be the owner of the website, domain name, and all content(including remediated content provided by the Contractor)on the website. 8.No Infringement of Intellectual Property.Contractor warrants and represents that neither the Statement of Work nor any product or services provided by Contractor will infringe,misappropriate,or otherwise violate the intellectual property rights of any third-party. Contractor shall take all steps to ensure that the District has no access to confidential software or data that is proprietary(whether it's the Contractor's or another provider's through a license agreement). 9.Promotion.The District permits Contractor to identify the District as a customer of Contractor in Contractor's marketing materials(including using the District's name and logo for such limited purposes). 10.Warranty.The Contractor warrants that the work: (a)will conform to the requirements of the Statement of Work,(b)will be performed in a prompt,diligent,good,safe and workmanlike manner in accordance with all laws,industry standards,and all applicable ADA and WCAG regulations,and(c)will be performed without defects in workmanship or in code. To the extent that any defects are found and reported to the Contractor,the Contractor shall correct such defects within thirty(30)days. 11.Relationship Between the Parties. It is understood that the Contractor is an independent contractor and will perform the services contemplated under this Agreement. As an independent contractor,nothing in this Agreement will be deemed to create a partnership,joint venture, or employer-employee relationship between the Contractor and the District.The Contractor will not have the right to make any contract or commitments for,or on behalf of,the District without the prior written approval of the District. The Contractor assumes full responsibility for the payment and reporting of all local,state,and federal taxes and other contributions imposed or required of the Contractor during the performance of services to the District. 12.Compliance with Governmental Regulations.The Contractor will comply with necessary economic, operational,safety,insurance,and other compliance requirements imposed by federal, state,county, municipal or regulatory bodies,relating to the contemplated operations and services hereunder. The Contractor warrants and represents the Contractor is currently in compliance with and will hereafter comply with all federal, state and local laws and ordinances relating in any way to the services provided hereunder. Contractor is solely responsible for complying with all applicable laws pertaining to website accessibility, including but not limited to the ADA and those certain WCAG standards,and other web accessibility guidelines as amended from time to time. 13.Insurance. Contractor will,at its own expense,maintain commercial general liability insurance coverage of no less than$1,000,000 for the duration of the term of this Agreement and for any renewals of the term,as mutually agreed upon by the parties,which names the District,its officers,agents, staff,and employees as an additional insured. The Contractor will deliver to the District proof of insurance referred to herein or a certificate evidencing the coverage provided pursuant to this Agreement. Such insurance policy may not be canceled without a thirty-day written notice to the District.The Contractor will maintain Workers Compensation insurance as required by law. 14.Limitation of Liability.Either party's total liability under this Agreement,regardless of cause or theory of recovery,will not exceed the total amount of fees paid by the District to the Contractor during the twelve- month period immediately preceding the occurrence or act or omission giving rise to any claim.Contractor shall not be liable for ADA compliance of any content posted by the District without first being remediated by the Contractor. 15.Indemnification.Contractor agrees to, subject to the limitation of liability described above,indemnify, defend and hold the District and its supervisors,officers,managers,agents and employees harmless from any and all liability,claims,actions,suits or demands by any person,corporation or other entity for injuries or damage of any nature,arising out of,or in connection with,the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto.Contractor further agrees that nothing herein will constitute or be construed as a waiver of the Districts limitations on liability contained in Section 768.28,Florida Statutes,or other statute or law. Any subcontractor retained by the Contractor will acknowledge the same in writing. Obligations under this section will include the payment of all settlements, judgments,damages, liquidated damages,penalties,forfeitures,back pay awards,court costs,arbitration and/or mediation costs,litigation expenses,attorney fees,and paralegal fees(incurred in court,out of court, on appeal,or in bankruptcy proceedings)as ordered. 16.Conditions Precedent Prior to Any Litigation.In the event that either party is dissatisfied with the other party and as a condition precedent prior to commencing any litigation, such party shall communicate in writing to the other party with their specific concerns. The parties shall make a good faith effort toward the resolution of any such issues.If the parties are not able to reach a mutually acceptable solution,then either party may request arbitration at their own expense. If such arbitration is requested,it shall be held within sixty(60)days of such request. 17.Remedies in the Event of Default.Subject to the limitation of liability described above,a default by either party under this Agreement will entitle the other to all remedies available at law or in equity,which may include,but not be limited to,the right of actual damages and/or specific performance. Nothing contained in this Agreement will limit or impair the District's right to protect its rights from interference by a third-party to this Agreement. 18.Controlling Law.This Agreement is governed under the laws of the State of Florida with venue in the county the District is located in. 19.Enforcement of Agreement.Only after satisfying the conditions precedent prior to'any litigation above, in the event it becomes necessary for either party to institute legal proceedings in order to enforce the terms of this Agreement,the prevailing party will be entitled to all costs,including reasonable attorney's fees at both trial and appellate levels against the non-prevailing party,with a not to exceed limit of the total amount of fees paid by the District to the Contractor during the twelve-month period immediately preceding the occurrence or act or omission giving rise to any claim. 20.Public Records. Contractor acknowledges the District is a special purpose unit of local government in the State of Florida, and that all documents of any kind provided to or in possession of Contractor in connection with this Agreement are subject to Florida's public records laws,pursuant to Chapter 119,Florida Statutes. As required under Section 119.0701,Florida Statutes,Contractor will(a)keep and maintain public records that would ordinarily and necessarily be required by the District in order to perform the Service Provided, b)provide the public with access to public records on the same terms and conditions that the District would provide the records and at a cost that does not exceed the cost of reproduction permitted by law,(c)ensure that public records which are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law,and(d)meet all requirements for retaining public records and transfer, at no cost to the District,all public records in possession of the Contractor upon termination of this Agreement, and 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 the information technology systems of the District. Upon receipt by Contractor of any request for copies of public records,Contractor will immediately notify the District of such request. Failure of Contractor to comply with public records laws to the extent required by statute may result in immediate termination of the Agreement. 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 AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 854- 603-0033,OR BY EMAIL AT SANDRA.DEMARCO@INFRAMARK.COM,OR BY REGULAR MAIL AT 210 N.UNIVERSITY DR.STE 702,CORAL SPRINGS,FL.33071. 21.Scrutinized Companies.Pursuant to Section 287.135,Florida Statutes,Contractor represents that in entering into this Agreement,the Contractor has not been designated as a"scrutinized company"under the statute and,in the event that the Contractor is designated as a"scrutinized company",the Contractor will immediately notify the District whereupon this Agreement may be terminated by the District. 22.Severability.If any provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement will remain in full force and effect. 23.Assignment.This Agreement is not transferrable or assignable by either party without the written approval of both parties. 24.Amendment.This Agreement may not be altered,changed or amended,except by an instrument in writing,signed by both parties hereto. 25.Arm's Length Transaction.This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. In the case of a dispute concerning the interpretation of any provision of this Agreement,the parties are each deemed to have drafted,chosen,and selected the language, and any doubtful language will not be interpreted or construed against any party. 26.Counterparts.This Agreement may be executed in any number of counterparts,each of which when executed and delivered will be an original;however,all such counterparts together will constitute,but one and the same instrument. 27.Entire Agreement.This Agreement contains the entire agreement and neither party is to rely upon any oral representations made by the other party, except as set forth in this Agreement. This Agreement supersedes and subsumes any prior agreements.To the extent that any provisions of this Agreement conflict with the provisions in any exhibit,the provisions in this Agreement controls over provisions in any exhibit. Innersync Studio,LLC. Cedar Hammock Steve Williams Date Print name Date VP of Marketing Exhibit A: Proposal for Services Implementation Quantity Subtotal Onboarding of ADA Compliant Website and Remediation of 1 $1,512.30 Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Ongoing services Quantity Subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service 750* $937.50 • Remediation of all PDFs stored on your website • Remediation of up to 750 PDF pages • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included EXHIBIT A Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District. At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes: a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number)in case users encounter any problems; 3. Display an ADA compliance shield,seal,or certification; 4. Provide options to create a CDD-branded design(colors,logo,etc...) 5. Be accessible on modern versions of Internet Explorer,Edge,Mozilla, Safari,and Chrome web browsers and be"mobile friendly"and offer a "mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware,virus,or malware; 8. Secure certification(https) 9. Secure cloud hosting with fail-overs 10.Allow for data backups,and record retention as required by law; 11. Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation,and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 2. Remediate in an ADA compliant format new documents(a not to exceed 750 pages per year) uploaded by the District Manager to the document portal;* 1.For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website. Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data,including files,text and parameters;data will be backed-up on a separate storage system at regular intervals; and EXHIBIT A 5. The ADA compliant website will be on-line at all times unless maintenance or upgrades require it to be unavailable.When maintenance or upgrades require the website to be unavailable,Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with(l)WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2. After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website; and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST,exclusive of holidays.The Contractor will provide a listing of detailed hours,holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. EXHIBIT A CEDAR HAMMOCK Community Development District Financial Report September 30, 2019 Prepared by: 6INFRAMARK IN I,SiP,UC7UHt MANACtI.ILN1 ANNALS CEDAR HAMMOCK Community Development District Table of Contents FINANCIAL STATEMENTS Pages Balance Sheet 1 General Fund 2-3 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments 4 Cash and Investment Report 5 Valley National Bank Reconciliation 6 Check Register 7 CEDAR HAMMOCKS Community Development District Financial Statements (Unaudited) September 30, 2019 CEDAR HAMMOCK Community Development District General Fund Balance Sheet September 30, 2019 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 665,136 Investments: Money Market Account 213,136 Deposits 1,359 TOTAL ASSETS $ 879,631 LIABILITIES Accounts Payable $ - Accrued Expenses 900 TOTAL LIABILITIES 900 FUND BALANCES Nonspendable: Deposits 1,359 Assigned to: Operating Reserves 43,617 Reserves-Bridges 119,036 Reserves-Bulkheads 125,885 Reserves-Lakes 47,153 Reserves-Roadways 229,725 Unassigned: 311,956 TOTAL FUND BALANCES $ 878,731 TOTAL LIABILITIES&FUND BALANCES $ 879,631 Page 1 CEDAR HAMMOCK Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 2,017 $ 2,017 $ 17,191 $ 15,174 Hurricane Irma FEMA Refund - - 5,316 5,316 Interest-Tax Collector - - 188 188 Special Assmnts-Tax Collector 379,523 379,523 379,523 - Special Assmnts-Discounts (15,181) (15,181) (13,901) 1,280 Other Miscellaneous Revenues - - 9,281 9,281 TOTAL REVENUES 366,359 366,359 397,598 31,239 EXPENDITURES Administration ProfServ-Engineering 30,000 30,000 35,101 (5,101) ProfServ-Legal Services 2,000 2,000 14,028 (12,028) ProfServ-Mgmt Consulting Sery 38,404 38,404 41,498 (3,094) ProfServ-Property Appraiser 5,693 5,693 5,693 - ProfServ-Special Assessment 2,941 2,941 7,941 (5,000) ProfServ-Web Site Maintenance 656 656 656 - Auditing Services 5,000 5,000 4,400 600 Postage and Freight 765 765 2,843 (2,078) Insurance-General Liability 7,959 7,959 7,000 959 Printing and Binding 2,246 2,246 1,252 994 Legal Advertising 2,394 2,394 6,395 (4,001) Misc-Bank Charges 700 700 380 320 Misc-Assessmnt Collection Cost 7,590 7,590 7,312 278 Misc-Web Hosting 239 239 239 - Office Supplies 400 400 28 372 Annual District Filing Fee 175 175 175 - Total Administration 107,162 107,162 134,941 (27,779) Page 2 CEDAR HAMMOCK Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfSery-Field Management 1,539 1,539 5,008 (3,469) Contracts-Water Mgmt Services 7,200 7,200 7,200 - Utility-Cameras 1,320 1,320 1,299 21 Electricity-Wells 3,000 3,000 2,190 810 Electricity-Aerator 2,000 2,000 1,358 642 R&M-Lake 3,000 3,000 3,113 (113) R&M-Plant Replacement 3,015 3,015 788 2,227 R&M Bulkheads 8,000 8,000 8,000 - R&M-Bridges&Cart Paths 8,000 8,000 650 7,350 Misc-Contingency 20,289 20,289 10,675 9,614 Capital Outlay 9,944 9,944 12,015 (2,071) Reserve-Bridges 20,910 20,910 22,064 (1,154) Reserve-Bulkheads 83,980 83,980 94,023 (10,043) Reserve-Lakes 15,000 15,000 - 15,000 Reserve-Roadways 72,000 72,000 - 72,000 Total Field 259,197 259,197 168,383 90,814 TOTAL EXPENDITURES 366,359 366,359 303,324 63,035 Excess(deficiency)of revenues Over(under)expenditures - - 94,274 94,274 Net change in fund balance $ - $ - $ 94,274 $ 94,274 FUND BALANCE,BEGINNING(OCT 1,2018) 784,457 784,457 784,457 FUND BALANCE,ENDING $ 784,457 $ 784,457 $ 878,731 Page 3 CEDAR HAMMOCKS Community Development District Supporting Schedules September 30, 2019 CEDAR HAMMOCK Community Development District Non-Ad Valorem Special Assessments (Collier County Tax Collector-Monthly Collection Distributions) For the Fiscal Year Ending September 30,2019 ALLOCATION Discount/ County Gross Date Net Amount (Penalties) Expense Amount General Fund Received Received Amount Amount Received Assessments Assessments Levied For FY 2019 $379,523 $ 379,523 Allocation% 100% 100% 11/01/18 42,900 1,824 876 45,600 45,600 11/08/18 3,422 194 70 3,686 3,686 11/19/18 130,936 5,567 2,672 139,175 139,175 11/26/18 78,204 3,325 1,596 83,125 83,125 12/24/18 55,235 2,292 1,127 58,654 58,654 01/24/19 22,501 677 459 23,637 23,637 02/18/19 6,058 114 124 6,295 6,295 04/01/19 9,722 38 198 9,958 9,958 04/26/19 5,497 (14) 112 5,594 5,594 05/24/19 2,397 (71) 49 2,375 2,375 06/17/19 959 (29) 20 950 950 06/18/19 479 (14) 10 475 475 09/30/19 Adj. (2) (2) (2) TOTAL $ 358,310 $ 13,901 $ 7,312 $ 379,523 $ 379,523 %COLLECTED 100% 100% TOTAL OUTSTANDING $ 0 $ 0 Report Date:10/3/2019 Page 4 CEDAR HAMMOCK Community Development District All Funds Cash and Investment Report September 30, 2019 General Fund Account Name Bank Name Investment Type Maturity Yield Balance Checking Account-Operating Valley National Bank Gov't Interest Checking n/a 1.94% 665,136 Money Market Account BankUnited Public Funds MMA n/a 1.50% 213,136 Total $ 878,272 Report Date:10/2/2019 Page 5 Cedar Hammock CDD Bank Reconciliation Bank Account No. 2555 Valley National Bank-GF Statement No. 9/19 Statement Date 9/30/2019 G/L Balance(LCY) 665,136.40 Statement Balance 671,844.20 G/L Balance 665,136.40 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 671,844.20 Subtotal 665,136.40 Outstanding Checks 6,707.80 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 665,136.40 Ending Balance 665,136.40 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 9/26/2019 Payment 2357 BANKS ENGINEERING INC 2,532.50 0.00 2,532.50 9/26/2019 Payment 2358 INFRAMARK,LLC 4,175.30 0.00 4,175.30 Total Outstanding Checks 6,707.80 6,707.80 Page 6 V O O O O 1h N 0001, 0 0) op N N O O O O N M N N N Ch l0 O O) coco_ . N N O O N O co V (0 N O N CO N C) 01 C O O_ O) O M O N N to f9 O th (O N N M o N N N N N 1f) N 1A 0 CA N N E a N (V C 69 O O Q 4T V3 di NyM 1.-- 0 0 N) — co a 4-• EL U0 O 0 0 0 0 0 0 0 0 0 O 0 0 O 0 Y 0 0O C N 0) N N O) Of r) M M N O) O) I, CO CO r) r) M M M j �j J N N N N N N `9 '9 N CC) N N N N N O M M r 0 CO ts d I-. U O 00000000007}' (7 25 0y 0 s0 Q 0 0 0C N N N 1t7 CNY) )MO h N A N 2 N 1(i t0 lL 1- to -a) 2 8 0 (n 110 U) a 0, 0 E 2 0) c c 6 a. N 2 O) C) y N N o) 2 N EE C J N N C m m V m W c - U N ry m � E N 0 iii a) E 4, c c a l LL v 0 0) Q Q g N J W W m LL LL C c U 2 2 . 2 2 2 2 d 2 2 4 •� 'a a m w m m d) w 0) c m 0 .p .c 2 :- v b N N w N 49 O :11. D T) 0 z2 `202222oE222 . 0 a a U a a a a a a a a w w w I+ N O) C 0) cra N0 0 0 N O 0 Y 0) +' el . 0 a V = 7 r Z a 6 0 LL 2 ° OLL m 2 112 O a o a 0 QW N W O W W W W W W W O) N a) 41 mrnt E o00 _Z wwwwwww ' E U T O J J a LL LL LL tL LL LL LL V 4 CO a CA Z W co La x O Z W W W W W W W N N N a m o o S O Z w 2 W 2 W W 2 W a' S Q T C c, v z m W O O O O O O O O O O W tl d W 0 J lW J ,„- Z Z Z Z Z Z Z W Ill LL LLU w Ez O Z z 0., m co m a) m m S S CCo N W Z O w Lf./9 NE LL CO O w > O en rn rn rn en rn m N 0 U d U Z S 2 O ' 0 0 rn a a N N v CO v CO ON O N CO (0} .0 ' O O) C O aro- C20 O) CC")0 1 N � N 10 CV N N g -9 :1' cruet N 3333 4 3 4 0 0 Of 00 Z Z_ O 0 O Cl) O Q Z Z T W ID Ci. Z a w X w J J J J J J J j0 Z - Z J J J J J J J N U O z —O Y Y Y Y Y Y Y I- • Z W Z a S Cr K Cr K 0_ Q J w U w < < < < < < < 0 2 2 U U 2 Z Z ill U lL l / g J J J UO ❑ a U a LL LL LL LL LL LL LL O. 0- LL Z Z Z Z Z Z ZI r0) 0) 0) 0) O O) 0 0 0) 0) 0) 0) 0) O 0) t 0 _a as 1a a N w w N (0 CD St N N N N N N N N N N N r N 0 1 0) O) O) 0) O) 0) 0) 0 0) O Of W O) O) Of Q 000000000 ° 00066 Z -C Z W r] N CO r cD N O lO N CO N <00 CD CCD N N N N N N N N N 0 N O 06 N= J 67 r) C.) C') r) [") C'Ni t•-. N 6 r) N O o O .. (.J N N N N N N N N N N N N 0 0 0 U Q 0 0 0 W Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8D. CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Motion: Assigning Fund Balance as of 9/30/19 The Board hereby assigns the FY 2019 Reserves as follows: Operating Reserve $ 43,617 Reserves—Bridges $1 19,036 Reserves-Bulkheads $125,885 Reserves-Lakes $ 47,153 Reserves-Roadways $229,725 Unassigned Fund Balance: $311,573 cmcr ,Berger, Toombs, Elam, - Gaines & Frank Cemied Public Accountants PL 600 Citrus Avenue Suite 200 Fort Pierce, Florida 34950 772/461-6120/1 461-1155 FAX: 772/468-9278 September 5, 2019 Cedar Hammock Community Development District c/o Inframark Infrastructure Management Services 210 North University Drive, Suite 702 Coral Springs, FL 33071 The Objective and Scope of the Audit of the Financial Statements You have requested that we audit the financial statements of Cedar Hammock Community Development District,which comprise governmental activities, a discretely presented component unit and each major fund for the General Fund as of and for the year ended September 30, 2019 which collectively comprise the basic financial statements. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter for the year ending September 30, 2019 and thereafter for two annual renewals if mutually agreed by Cedar Hammock Community Development District and Berger, Toombs, Elam, Gaines, & Frank, Certified Public Accountants, PL. Our audit will be conducted with the objective of expressing an opinion on the financial statements. The Responsibility of the Auditor We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with generally accepted auditing standards. Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. Fort Pierce/Stuart Member AICPA Member AICPA Division For CPA Firms Member FICPA Private Companies Practice Section Beainrgeres,To& Fraombnks, Elam, G ra14J r.M4 Mwvww n Cedar Hammock Community Development District September 5, 2019 Page 2 In making our risk assessments, we consider internal control relevant to Cedar Hammock Community Development District's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will also communicate to the Board any fraud involving senior management and fraud that causes a material misstatement of the financial statements that becomes known to us during the audit, and any instances of noncompliance with laws and regulations that we become aware of during the audit. The funds that you have told us are maintained by Cedar Hammock Community Development District and that are to be included as part of our audit are listed below: 1. General Fund Berger,Toombs, Elam, Gaines&Frank C.GJ..4.,.o..... Pt Cedar Hammock Community Development District September 5, 2019 Page 3 The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Our audit will be conducted on the basis that management acknowledges and understands that it has responsibility: 1. For the preparation and fair presentations of the financial statements in accordance with accounting principles generally accepted in the United States of America; 2. To evaluate subsequent events through the date the financial statements are issued or available to be issued, and to disclose the date through which subsequent events were evaluated in the financial statements. Management also agrees that it will not evaluate subsequent events earlier than the date of the management representation letter referred to below; 3. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; and 4. To provide us with: a. Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters; b. Additional information that we may request from management for the purpose of the audit; and c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence. As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit, including among other items: 1. That management has fulfilled its responsibilities as set out in the terms of this letter; and 2. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Berger,Toombs,Elam, Gaines&Frank Cedar Hammock Community Development District September 5, 2019 Page 4 Management is responsible for identifying and ensuring that Cedar Hammock Community Development District complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of its knowledge of any allegations of fraud, or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, or others. The Board is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud, or suspected fraud affecting the entity. Cedar Hammock Community Development District agrees that it will not associate us with any public or private securities offering without first obtaining our consent. Therefore,Cedar Hammock Community Development District agrees to contact us before it includes our reports or otherwise makes reference to us, in any public or private securities offering. Because Berger, Toombs, Elam, Gaines & Frank will rely on Cedar Hammock Community Development District and its management and Board of Supervisors to discharge the foregoing responsibilities, Cedar Hammock Community Development District holds harmless and releases Berger, Toombs, Elam, Gaines & Frank, its partners, and employees from all claims, liabilities, losses and costs arising in circumstances where there has been a known misrepresentation by a member of Cedar Hammock Community Development District's management,which has caused, in any respect, Berger, Toombs, Elam, Gaines & Frank's breach of contract or negligence. This provision shall survive the termination of this arrangement for services. Records and Assistance If circumstances arise relating to the condition of the Cedar Hammock Community Development District's records, the availability of appropriate audit evidence, or indications of a significant risk of material misstatement of the financial statements, because of error, fraudulent financial reporting, or misappropriation of assets, which, in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including: declining to express an opinion, issuing a report, or withdrawing from engagement. During the course of our engagement, we may accumulate records containing data that should be reflected in the Cedar Hammock Community Development District's books and records. The District will determine that all such data, if necessary,will be so reflected. Accordingly,the District will not expect us to maintain copies of such records in our possession. Berger,Toombs,Elam, Gaines& Frank Cedar Hammock Community Development District September 5, 2019 Page 5 The assistance to be supplied, including the preparation of schedules and analyses of accounts, will be discussed and coordinated with an Inframark accountant. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Other Relevant Information In accordance with Government Auditing Standards, a copy of our most recent peer review report has been provided to you, for your information. Fees, Costs, and Access to Workpapers Our fees for the services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement, plus direct expenses. Invoices for fees will be submitted in sufficient detail to demonstrate compliance with the terms of this engagement. Billings are due upon submission. Our fee for the services described in this letter for the year ending September 30, 2019, will not exceed $5,000, unless the scope of the engagement is changed,the assistance which Cedar Hammock Community Development District has agreed to furnish is not provided, or unexpected conditions are encountered, in which case, we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment. The two annual renewals must be mutually agreed and approved by the Board of Supervisors. In the event we are requested or authorized by Cedar Hammock Community Development District or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for Cedar Hammock Community Development District, Cedar Hammock Community Development District will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. The audit documentation for this engagement is the property of Berger, Toombs, Elam, Gaines, & Frank and constitutes confidential information. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested documentation will be provided under the supervision of Berger, Toombs, Elam, Gaines, & Frank audit personnel and at a location designated by our Firm. Berger,Toombs,Elam, Gaines& Frank COMA P44 Cedar Hammock Community Development District September 5, 2019 Page 6 Information Security—Miscellaneous Terms Berger, Toombs, Elam, Gaines & Frank is committed to the safe and confidential treatment of Cedar Hammock Community Development District's proprietary information. Berger, Toombs, Elam, Gaines & Frank is required to maintain the confidential treatment of client information in accordance with relevant industry professional standards which govern the provision of services described herein.Cedar Hammock Community Development District agrees that it will not provide Berger,Toombs, Elam, Gaines&Frank with any unencrypted electronic confidential or proprietary information, and the parties agree to utilize commercially reasonable measures to maintain the confidentiality of Cedar Hammock Community Development District's information, including the use of collaborate sites to ensure the safe transfer of data between the parties. If any term or provision of this arrangement letter is determined to be invalid or unenforceable, such term or provision will be deemed stricken and all other terms and provisions will remain in full force and effect. Reporting We will issue a written report upon completion of our audit of Cedar Hammock Community Development District's financial statements. Our report will be addressed to the Board of Cedar Hammock Community Development District. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement. In addition to our report on Cedar Hammock Community Development District's financial statements, we will also issue the following types of reports: • Reports on internal control and compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any internal control findings and/or noncompliance which could have a material effect on the financial statements; • Management letter required by the Auditor General, State of Florida; and • Attestation reports required by the Auditor General, State of Florida. This letter constitutes the complete and exclusive statement of agreement between Berger, Toombs, Elam, Gaines & Frank and Cedar Hammock Community Development District, superseding all proposals, oral or written, and all other communication, with respect to the terms of the engagement between the parties. Berger,Toombs,Elam, Gaines&Frank uT4d1,14.ti.ovwi n Cedar Hammock Community Development District September 5, 2019 Page 7 Please sign and return the attached copy of this letter to indicate your acknowledgement of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. dareikIllOd 2'M4I Berger, Toombs, Elam, Gaines & Frank J. W. GAINES, CPA Confirmed on behalf of the addressee: . Justin Faircloth-District Manager/Secretary October 23 2019 BAG G ETT Judson B. Bagged }� 6815 Dairy Road MBA, CPA, CVA, Partner Zephyrhills, FL 33542 RE UT I MA N N Marci Reutimann � (81 3) 788-2155 &ASSOCIATES, CPAS, PA CPA, Partner A (813) 782-8606 System Review Report To the Directors November 2, 2016 Berger, Toombs, Elam, Gaines & Frank, CPAs PL and the Peer Review Committee of the Florida Institute of Certified Public Accountants We have reviewed the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPAs PL (the firm), in effect for the year ended May 31, 2016. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control, and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org_iprsummary. As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans. In our opinion, the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPAs PL in effect for the year ended May 31, 2016 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies), or fail. Berger, Toombs, Elam, Gaines & Frank, CPAs PL, has received a peer review rating of pass. •sem," wL lk, ar S— Bag g , Reutimann &Associates, CPAs, PA ,,ie:«usR PoIt1 IG Membra Ameriurn Institute of Certified Public Accountants(AICPA)and Halide Institute of Certified Public Accountants(FICFV4) National A>saontion of Certified Valuation Analysts(NACVA) ADDENDUM TO ENGAGEMENT LETTER BETWEEN BERGER,TOOMBS, ELAM,GAINES AND FRANK AND CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT (DATED SEPTEMBER 5,2019) Public Records. Auditor shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall: a. Keep and maintain public records required by the District to perform the services or work set forth in this Agreement;and b. Upon the request of the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;and c. Ensure that public records that 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 completion of the Agreement if the Auditor does not transfer the records to the District; and d. Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Auditor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Auditor transfers all public records to the District upon completion of the Agreement, the Auditor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Auditor keeps and maintains public records upon completion of the Agreement, the Auditor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District. Auditor acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in possession of the Auditor, the Auditor shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Auditor acknowledges that should Auditor fail to provide the public records to the District within a reasonable time, Auditor may be subject to penalties pursuant to Section 119.10,Florida Statutes. IF THE AUDITOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AUDITOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE AUDITOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT: INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 NORTH UNIVERSITY DRIVE, SUITE 702 CORAL SPRINGS, FL 33071 TELEPHONE: 954-603-0033 EMAIL: Sandra.DeMarco@inframark.com Auditor: J.W. Gaines District: Cedar Hammock CDD By: r By: 4----(A't Title: Director Title:/ District Manager/Secretary Date: September 5,2019 Date: 10/23/19 As approved by the Board at the 10/15/19 CDD meeting. U.S.Aepar(menl of Homeland Security Region IV 3003 Cluunblce Tucker Road Atlanta,GA 30341 art qi FEMA SEP 30Z019 Mr.Jared Moskowitz,Director Mr.Justin Faircloth,Authorized Agent Florida Division of Emergency Management Cedar Hammock Community Development 2555 Shumard Oak Boulevard District 6 Tallahassee,Florida 32399-2100 5911 County Lakes Drive Fort Myers,Florida 33905 Reference: FEMA-4337-DR.-FL Cedar Hammock Community Development District 6 PA ID:021-U6BPG-00 First Appeal,Grants Manager Project 7767 Dear Mr.Moskowitz and Mr.Faircloth: This letter is in response to the Cedar Hammock Community Development District 6's (Subrecipient)first appeal of the Federal Emergency Management Agency's(FEMA)decision to deny Public Assistance(PA)funding. The appeal is denied for the reasons discussed below and in the enclosed analysis. To be eligible,a Community Development District must be legally responsible for ownership, maintenance,and operation of an eligible facility that is accessible to the general public. The Subrecipient does not maintain and operate a facility that is open to or serves the general public, and,therefore, is not eligible for PA funding. This letter constitutes the official notification of this determination to the Subrecipient. The Subrecipient may appeal this determination to the Assistant Administrator,Recovery Directorate,at FEMA Headquarters pursuant to 44 C.F.R. §206.206,Appeals. If the Subrecipient elects to file a second appeal,the appeal must: 1)contain documented justification supporting the Subrecipient's position,2)specify the monetary figure in dispute,and 3)cite the provisions in Federal law,regulation,or policy with which the Subrecipient believes the initial action was inconsistent. A second appeal must be submitted to the Florida Division of Emergency Management(Recipient)by the Subrecipient within 60 days of the Subrecipient's receipt of this letter. The Recipient's transmittal of that appeal,with recommendation,is required to be submitted to my office within 60 days of your receipt of the Subrecipient's letter. My office will transmit the second appeal to FEMA headquarters. If you have questions or need additional information,please contact Mr. Terry L. Quarles,CEM, Director, Recovery Division,at(770)220-5300. S" crely, ; ( 1 / ,ite 41 1 Gracia B. zciec f Regional Administrator Enclosures: Appeal Analysis: FEMA-4337-DR-FL, Cedar Hammock Community Development District 6, Grants Manager Project 7767 Administrative Record Index 2 FIRST APPEAL ANALYSIS FEMA-4337-DR-FL Cedar Hammock Community Development District 6,PA ID: 021-U6BPG-00 Grants Manager Project 767—Legal Responsibility Background Hurricane Irma,the ninth named storm of the 2017 hurricane season and strongest hurricane in terms of maximum sustained winds observed in the Atlantic since Hurricane Wilma in 2005, made landfall in the Florida Keys on September 10,2017. Thereafter, Hurricane Irma tracked up and across Florida's peninsula,severely damaging communities along both coasts with strong winds,heavy rain,and storm surge. The event was declared a major disaster(FEMA-4337-DR- FL)on September 10,2017,with an incident period extending from September 4 to October 18, 2017. Stmng winds damaged facilities owned and maintained by the Cedar Hammock Community Development District 6(Subrecipient),an independent special district located in Collier County) FEMA prepared Project Worksheet(PW)7767 to capture damage and associated cost to the surface water management system components at Lake 5(Facility). On April 22,2009,the Subrecipient entered into an operation and maintenance agreement (Agreement)with Cedar Hammock Golf and Country Club(Club)for ease of administration, potential cost savings,and the benefits of full-time on-site operation and maintenance. The Agreement pertains to the lakes,preserves,sidewalks,curbs,gutters,bridges,bulkheads,street signage,entrances, irrigation pump houses,and wells. Further,the agreement states that the Club shall be solely responsible for the staffing,budgeting,financing,billing and collection of fees,assessments,service charges necessary to perform the operation,and maintenance responsibilities? In a Determination Memorandum dated February 4,2019,FEMA determined the Subrecipient's Facility ineligible for Public Assistance(PA)funding.3 Specifically,FEMA determined that the Subrecipient was not legally responsible for the Facility nor was the Facility accessible to the general public.4 1 2018 Florida Statues,Title XIII,Chapter 190.Community Development Districts. 2 Community Development District Systems and Facilities Operation and Maintenance Agreement,between Cedar Hammock Community Development District(CHCDD),and Cedar Hammock Golf and Country Club (Apr.22,2009). FEMA Public Assistance Determination Memorandum(DM),Cedar Hammock Community Development District (CHCDD),FEMA-4337-DR-FL,PW 7767(Feb.4,2019). PublicAssislance Program and Policy Guide, FP 104-009-2,at 10(Apr.2012)(stating,"...a Community Development District must be legally responsible for ownership,maintenance,and operation of an eligible facility that is accessible to the general public"). 1 First Appeal On April 2,2019,the Subrecipient submitted a first appeal to the Florida Division of Emergency Management(Recipient).5 In its appeal,the Subrecipient asserts it is eligible for PA funding because: I)the district is a local government,2)the facilities serve the general public,and 3)the maintenance agreement does not change the ownership and nature of the facilities. Notably,the Subrecipient states that the District will retain full responsibility for the major capital renewal and replacements for the lake. Further,the Subrecipient contends the agreement neither transfers ownership nor ultimate legal responsibilities for the facilities,6 The Recipient concurred with the Subrecipient and transmitted the first appeal to FEMA with a recommending approval in a letter dated May 21,2019.7 Request for Information FEMA issued a Request for Information(RFI)to the Recipient and Subrecipient on June 14, 2019,8 requesting that the Subrecipient provide documentation supporting that its Facility serves the general public without exclusion to membership,and facility access is not prohibited by gates or other security features. The Subrecipient responded in a letter dated July 14,2019.9 In its response,the Subrecipient states that the facility is not open to members of the community,nor is it open to the general public for traditional recreational activities;however, it provides a service to the general public in the form of flood control and water quality treatment. Discussion Pursuant to Title 44 of the Code of Federal Regulations(44 C.F.R)§206.222,Subreciplent eligibility,I°local governments or special districts as defined by 44 C.F.R §206,2 al are eligible Subrecipients under FEMA's Public Assistance program. FEMA's Public Assistance Program and Policy Guide(PAPPG)states: Community Development Districts(CDD)are special districts that finance,plan,establish,acquire,construct or reconstruct,operate, and maintain systems,facilities,and basic infrastructure within their respective jurisdictions. To be eligible, a CDD must be S Subrecipient First Appeal Letter from Authorized Agent,CHCDD,to Florida Division of Emergency Management (FDEM)(Apr.2,2019). 6 Id.,at 2. 7 Recipient First Appeal Letter from Governor's Authorized Representative,FDEM,to Region IV Administrator, FEMA(May 21,2019). i RFI Letter from Recovery Division Director,Region IV,FEMA to Interim Director,FDEM,and Attorney, CHCDD(June 14,2019). 9 REI Response Letter from Attorney,CHCDD,to Director,Recovery Division,Region IV,FEMA(July 14,2019) [hereinafter RFI Response). 1'Title 44 of the Code of Federal Regulations(44 C.F.R.)§206.222(2016). "44 C.F.R§206.2. 2 legally responsible for ownership,maintenance,and operation of an eligible facility that is accessible to the general public.12 Therefore,CDD facilities must be open to the general public or provide a service to the general public to be eligible.13 The Subrecipient's Facility is not eligible for PA funding because it is not open to and does not serve the general public.14 In response to FEMA's RFI,the Subrecipient states that"the facility is not open to members of the community nor is it open to the general public for traditional recreational activities.sl5 The Subrecipient also asserts that the Facility is a component of a surface water management system that provides services to the general public in the form of flood control and water quality treatment. However,the ERP issued to the Club on April 14, 2014,states that the stormwater management system serves within an existing 416.70-acre golf course known as Cedar Hammock Golf Course Modification.l6 This permit indicates that the facility does not serve the general public of Collier County, but a gated community,whose facilities are limited to members of the Club. The Subrecipient has not provided documentation in support of its assertion that the Facility is open to and serves the general public,and that access to the facility is not prohibited by gates or other security features,and,therefore, its facility is not eligible for PA funding. Conclusion The Subrecipient,a Community Development District,does not maintain and operate a facility that Is open to or serves the general public;therefore,the appeal is denied. '=PANG,at 10. "Id,at IS. PAPPG,at 10. 1$RFI Response,at 1. 16 South Florida Water Management District,Environmental Resource Permit Na.11-01683P,at 1(Apr. 14,2014). 3 ADMINISTRATIVE RECORD INDEX FEMA-4337-DR-FL Cedar Hammock Community Development District 6,PA ID:021-U6BPG-00 Grants Manager Project 7767 No. Document Doc. Document Document of PW From To Description/ Pages Date Type Subject 1. 2 7767 05/21/2019 Letter Recipient FEMA l5S Appeal Letter 2. 2 7767 04/02/2019 Letter Subrecipient Recipient Appeal Letter 3. 6 7767 02/04/2019 Letter FEMA Recipient/ Determination Subrecipient Memo Appeal 4. 8 N/A N/A Code of Subrecipient N/A Attachment A: Ordinance Ordinances No. 99-81 Appeal 5. 5 N/A 4/22/08 Agreement Subrecipient N/A Attachment B: Memorandum of Agreement Appeal 6. 4 N/A N/A Statutes State of Florida N/A Attachment C: 2018 Florida Statutes Appeal 7. 5 N/A 11/27/13 Permit South Florida Water Subrecipient Attachment D: Management District Permit No. 11- 01683-P Appeal 8. 2 7767 07/14/2019 Letter Attorney/Subrecipient FEMA Attachment: RFI Response Appeal Attachment:RFI 9. 3 N/A N/A Florida Subrecipient N/A Response 62- Statues 330.301 Florida Administrative Code End of Record 1 8H. NE1CIIBORHOOID INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Collier County on: Friday,October 25, 2019 at 5:30 p.m. Golden Gate Community Center 4701 Golden Gate Pkwy,Naples,FL 34116 Subject Area: The area is located in all four quadrants of the 1-75/Collier Blvd. intersection and Davis Blvd./Collier Blvd. intersection, as shown in the map below. ( Insert Map: InnovZonelnsetMap) ORDINANCE 2018-39, ADOPTED ON JULY 10, 2018 BY THE BOARD OF COUNTY COMMISSIONERS, ESTABLISHED THE INTERCHANGE ACTIVITY CENTER NO. 9 INNOVATION ZONE; THE INNOVATION ZONE IS INTENDED TO ATTRACT AND RETAIN QUALIFIED TARGETED INDUSTRY BUSINESS AS DEFINED BY FLORIDA STATUTE 288.106, TO PROMOTE ECONOMIC GROWTH WHICH RESULTS IN HIGH WAGE JOBS TO DIVERSIFY THE ECONOMY OF COLLIER COUNTY. THIS GROWTH MANAGEMENT PLAN AMENDMENT IS TO ESTABLISH THE COLLIER BOULEVARD/INTERSTATE 75 INNOVATION ZONE OVERLAY WHICH PROVIDES FOR SPECIFIC ECONOMIC DEVELOPMENT USES THAT ARE ALLOWED WITHIN THE INNOVATION ZONE. [PL2O 190000821/CPSP-2019-2] WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the meeting and discuss the Growth Management Plan amendment with Collier County staff. If you are unable to attend this meeting, but have questions or comments,they can be directed by mail,phone, fax or e-mail by October 25,2019 to; David Weeks Collier County Zoning Division 2800 North Horseshoe Drive Naples,Florida 34104 Email: David.Weeks(arcolliercountvfl.gov Phone: (239)252-2306 Fax: (239)252-6689 EXHIBIT PETITION PL2019000082I Collier I3oulev<rrd/InterState-75 Innovation Lone Overlay Collier County, Florida SUBJECT SITE PL20190000821 � o m 7.1 'Ts yrs RADIO RDOr Irfr A. 104 m� G J 1Y1 W J J 0 U ADOPTED-XXX Ord.No.XXX LEGEND nRmu+Easrr eErFIYANG AICP Collier Boulevard/Inler$tate-75 OROWan MJWAOEMENI OEVAIt I MEN I 0 750 1,500 3,000 Feet %lA" Innovation Zone Overlay F InnAyM,on Zona,t wa(nn Map mxd ��