Common use of Construction Scope of Work Clause in Contracts

Construction Scope of Work. Funds awarded under this agreement will be used for the installation of sedimentation and erosion control measures, demolition and removal of the existing streets and infrastructure, site activities to include but not limited to mass grading of the 19.83 acres site, site preparation and installation of new streets and infrastructure necessary to serve the Phase 1 development which consists of approximately seven acres to include sidewalk, storm drainage, water distribution and sanitary sewer collection, street trees, as well as coordination with private utilities for street lights and future utility services and the removal of contaminated debris as recommended in the Environmental Specifications and Report. The “Construction Scope of Work” is described more particularly in the construction documents attached to or referenced in the form of construction contract between Developer and ▇.▇. ▇▇▇▇▇▇▇ Infrastructure, LLC (the “Contractor”) attached as Attachment D (the “Construction Contract”). The City has approved the form and content of the Construction Contract, including the contract amount of $5,353,380.00 and has approved the identity of the Contractor, which was selected as the lowest responsible bidder pursuant to a process previously approved by the City. Construction is scheduled to begin July 1, 2012 with a 210 day completion schedule, subject to extension by Developer in accordance with the terms of the Construction Contract or otherwise with the prior written approval of the City. The Developer will be responsible for managing the day to day activities of the Construction Scope of Work and will earn a management fee in the amount of $400,000 The management fee will be paid as follows: 40% of the management fee will be paid upon completion of the site preparation and environmental remediation work on the Phase 1 portion of the site (approximately seven acres at the north end of the site) as detailed in the attached construction schedule (Attachment E); 20% of the management fee will be paid at the 60% completion; 20% will be paid at 80% completion with the remaining 20% paid at substantial completion and approval of as-builts by the City of Durham.

Construction Scope of Work. Funds awarded under this agreement will be used for the installation of sedimentation and erosion control measures, demolition and removal of the existing streets and infrastructure, site activities to include but not limited to mass grading of the 19.83 acres site, site preparation and installation of new streets and infrastructure necessary to serve the Phase 1 development which consists of approximately seven acres to include sidewalk, storm drainage, water distribution and sanitary sewer collection, street trees, as well as coordination with private utilities for street lights and future utility services and the removal of contaminated debris as recommended in the Environmental Specifications and Report. The “Construction Scope of Work” is described more particularly in the construction documents attached to or referenced in the form of construction contract between Developer and ▇.▇. ▇▇▇▇▇▇▇ Infrastructure, LLC [ ] (the “Contractor”) attached as [Attachment D D] (the “Construction Contract”). The City has approved the form and content of the Construction Contract, including the [contract amount amount] of $5,353,380.00 [$ ], and has approved the identity of the Contractor, which was selected as the lowest responsible bidder pursuant to a process previously approved by the City. Construction is scheduled to begin July June 1, 2012 with a 210 day completion schedule, subject to extension by Developer in accordance with the terms of the Construction Contract or otherwise with the prior written approval of the City. The Developer will be responsible for managing the day to day activities of the Construction Scope of Work and will earn a management fee in the amount of $400,000 The management fee will be paid as follows: 40% of the management fee will be paid upon completion of the site preparation and environmental remediation work on the Phase 1 portion of the site (approximately seven acres at the north end of the site) as detailed in the attached construction schedule (Attachment E); 20% of the management fee will be paid at the 60% completion; 20% will be paid at 80% completion with the remaining 20% paid at substantial completion and approval of as-builts by the City of Durham.