Cypress Park Estates Community Development District
Meeting Agenda June 28, 2022

- AGE ·oA

Cypress Park Estates
Community Development District

219 East Livingston Street, Orlando, Florida 32801 Phone: 407-841-5524 – Fax: 407-839-1526

June 20, 2022

Board of Supervisors Cypress Park Estates
Community Development District

Dear Board Members:

The regular meeting of the Board of Supervisors of the Cypress Park Estates Community Development District will be held Tuesday, June 28, 2022 at 11:00 AM at the Lake Alfred Public Library, 245 N. Seminole Ave., Lake Alfred, FL 33850.

Zoom Link: https://us06web.zoom.us/j/83344333512
Call-In Information: 1-646-876-9923
Meeting ID: 833 4433 3512

Following is the advance agenda for the meeting:

Board of Supervisors Meeting

Roll Call
Public Comment Period (1Speakers may submit questions and comments to the District Manager prior to the beginning of the meeting via email at jburns@gmscfl.com)
Approval of Minutes of the May 24, 2022 Board of Supervisors Meeting
Consideration of Assignment of Contract Agreement with Tucker Paving for Phase 2/3
Consideration of Proposal for Arbitrage Rebate Services for Series 2022 Project Bonds from AMTEC
Consideration of Resolution 2022-09 Setting a Public Hearing on the Adoption of Amenity Policies and Rates
Consideration of Fiscal Year 2021 Audit Report—ADDED
Consideration of Resolution 2022-10 Ratifying Series 2022 Project Bonds—ADDED
Consideration of Amended and Restated Disclosure of Public Financing (to be provided under separate cover)—ADDED
Staff Reports
Attorney
Engineer
Field Manager’s Report
District Manager’s Report

1 Comments will be limited to three (3) minutes

Approval of Check Register
Balance Sheet & Income Statement
Ratification of Change Order #3 form Henkelman Construction
Other Business
Supervisors Requests and Audience Comments
Adjournment

MINUTES

MINUTES OF MEETING CYPRESS PARK ESTATES
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Cypress Park Estates Community Development District was held Tuesday, May 24, 2022 at 11:00 a.m. at the Lake Alfred Public Library, 245 N. Seminole Ave., Lake Alfred, Florida.

Present and constituting a quorum:

Scott Shapiro	Chairman
McKinzie Terrill	Vice Chairman
Steve Rosser	Assistant Secretary
Allan Keen by Zoom	Assistant Secretary
Hyzens Marc	Assistant Secretary Also present were:
Jill Burns	District Manager, GMS
Jake Whealdon	KE Law
Jennifer Kilinski via Zoom	KE Law
Rodney Gadd via Zoom	District Engineer
Marshall Tindall via Zoom	GMS

FIRST ORDER OF BUSINESS	Roll Call
Ms. Burns called the meeting to order and called the roll. Four Board members were present constituting a quorum.

SECOND ORDER OF BUSINESS	Public Comment Period
Ms. Burns noted that no members of the public were present to provide comments.

THIRD ORDER OF BUSNESS	Approval of the Minutes of the April 26,
2022 Board of Supervisors Meeting
Ms. Burns asked for any questions, comments, corrections to the April 26, 2022 meeting minutes. The Board had no changes, and Ms. Burns asked for a motion of approval.

On MOTION by Mr. Rosser, seconded by Mr. Terrill, with all in favor, the Minutes of the April 26, 2022 Board of Supervisors Meeting, were approved.

May 24, 2022	Cypress Park Estates CDD
FOURTH ORDER OF BUSINESS	Presentation and Approval of Updated
Preliminary Second Supplemental Assessment Methodology for the Series 2022 Assessment Area (Phase 2 & Phase 3)
dated March 22, 2022
Ms. Burns noted that they had received an updated engineer’s report the night prior to the meeting, adding that the only change was the updated cost table. She presented the Supplemental Assessment Methodology, noting that it would allocate debt to the properties that benefited from the Series 2022 Capital Improvement Program. She asked if there were any questions, and hearing none, asked for a motion to approve.

On MOTION by Mr. Shapiro, seconded by Mr. Terrill, with all in favor, the Updated Preliminary Second Supplemental Assessment Methodology for the Series 2022 Assessment Area (Phase 2 & Phase 3) dated March 22, 2022, was approved.

FIFTH ORDER OF BUSINESS	Consideration	of	Resolution	2022-04
Supplemental Assessment Resolution
This item was tabled to the continued meeting on Monday, June 13th at 11:00 a.m.

SIXTH ORDER OF BUSINESS	Consideration	of	Resolution	2022-05
Approving the Proposed Fiscal year 2022/2023 Budget (Suggested Date: August 23, 2022), Declaring Special Assessments, and Setting the Public Hearings on the Fiscal Year 2022/2023 Budget and Imposition of Operations and Maintenance Assessments
Ms. Burns presented the resolution, noting that two options were included for review. Option 1 has no cap with field expenses being full for Phase 1 and prorated based on the development time for Phases 2 and 3. The Board decided to increase the lease payment for the playground to $23,500 annually with the option of reducing the contingency and amenity repair and maintenance to offset the cost. She noted that Option 2 included a cap of $850,000 and shifting to a Deficit Funding Agreement. The Board decided to go with Option 1 and set a public hearing for August 23rd at 11:00 a.m. Ms. Burns asked for a motion to approve.

On MOTION by Mr. Terrill, seconded by Mr. Shapiro, with all in favor, Resolution 2022-05 Approving the Proposed Fiscal Year

2022/2023 Budget, Declaring Special Assessments, and Setting the Public Hearings on the Fiscal Year 2022/2023 Budget and Imposition of Operations and Maintenance Assessments on August 23, 2022 at 11:00 a.m., was approved.

May 24, 2022	Cypress Park Estates CDD

SEVENTH ORDER OF BUSINESS	Consideration	of	Resolution	2022-06
Designating a Date, Time, and Location for a Landowners Meeting and Election
Ms. Burns noted that by statute, the first landowners’ election needed to be held Tuesday November 1st at 11:30 a.m. at the same location, adding that the whole Board did not have to be present except for a proxy holder or someone authorized on behalf of the landowner to cast the votes.

On MOTION by Mr. Shapiro, seconded by Mr. Marc, with all in favor, Resolution 2022-06 Designating a Date, Time, and Location for a Landowners Meeting and Election on November 1, 2022 at 11:30 a.m., was approved.

EIGHTH ORDER OF BUSINESS	Consideration of Developer Agreements
Relating to the Series 2022 Project – ADDED
Collateral Assignment
Ms. Burns stated that in the event of default of the payment Series 2022 Special Assessments, the landowner would assign certain development rates for the District to allow the District or a third party to complete the Series 2022 project.

Acquisition Agreement
Ms. Burns stated the agreement outlined the process by which the District is going to acquire work product or improvements from the landowner.

Completion Agreement
Ms. Burns stated the agreement noted that the landowner and the District were agreeing that the Series 2022 Bonds only provided a portion of the funds necessary to complete the Series 2022 project, and therefore the landowner agreed to provide funds to the District in an amount sufficient to allow the District to complete the project.
True-Up Agreement
Ms. Burns stated that the agreement confirmed the landowners’ intention and obligation, if required, to make true-up payments related to the Series 2022 Special Assessments.

May 24, 2022	Cypress Park Estates CDD
Declaration of Consent
Ms. Burns stated the agreement confirmed that the landowner agreed that the special assessments issued by the District were adopted in accordance with Florida Law and that the District took all action necessary to impose the Series 2022 Special Assessments on the lands. She asked for a motion to approve the documents in substantial form.

On MOTION by Mr. Terrill, seconded by Mr. Shapiro, with all in favor, the Developer Agreements Relating to the Series 2022 Project, were approved in substantial form.

NINTH ORDER OF BUSINESS	Consideration of Resolution 2022-07 Re-
Designating a Local Records Office – ADDED
Ms. Burns presented the resolution, noting that they were updating the administrative resolutions to reflect the new address of the local records office.

On MOTION by Mr. Shapiro, seconded by Mr. Rosser, with all in favor, Resolution 2022-07 Re-Designating a Local Records Office, was approved.

TENTH ORDER OF BUSINESS	Consideration of Resolution 2022-08 Re-
Designating Primary Administrative Office and Principle Headquarters for the District – ADDED
Ms. Burns presented the resolution, stating that it would redesignate the principle headquarters for the District to the District Engineer’s new office location.

On MOTION by Mr. Shapiro, seconded by Mr. Rosser, with all in favor, Resolution 2022-08 Re-Designating Primary Administrative Office and Principle Headquarters for the District, was approved.

ELEVENTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Whealdon had nothing further for the Board.

Engineer
Mr. Gadd had nothing further to report.

May 24, 2022	Cypress Park Estates CDD
Field Manager’s Report
Mr. Tindall presented the Field Manager’s Report.

Consideration of Proposals for Phase 1 Landscape Services (to be provided under separate cover)

The Board ensued discussion about approval for landscape quotes and decided to put in a not-to-exceed amount of $4,500 per month for Omegascapes or Prince, and Ms. Burns asked for a motion to approve the amount, as well as the authorize the Chair to make the final decision on the vendor after clarifying the scope.

On MOTION by Mr. Shapiro, second by Mr. Terrill, with all in favor, the Proposal from Omegascapes or Prince, with a NTE of $4500, for Landscape Maintenance, was approved.

Consideration of Proposals for Pool Maintenance Services (to be provided under separate cover)

Mr. Tindall presented the proposals to the Board, and the Board voted to go with the proposal from Resort Pools.

On MOTION by Mr. Shapiro, second by Mr. Tindall, with all in favor, the Proposal from Resort Pools for Pool Maintenance Services, was approved.

Mr. Tindall presented proposals for Janitorial Services at the Amenity and the Board voted to approve the quote from CSS.

On MOTION by Mr. Terrill, second by Mr. Rosser, with all in favor, the Proposal from CSS for Janitorial Maintenance Services, was approved.

District Manager’s Report
Approval of Check Register
Ms. Burns presented the check register to the Board, which was included in the agenda package, noting the total was $10,975.70. The Board had no questions.

On MOTION by Mr. Rosser, second by Mr. Shapiro, with all in favor, the Check Register, was approved.

May 24, 2022	Cypress Park Estates CDD

Balance Sheet and Income Statement
Ms. Burns noted that the financial statements are included in the agenda package for review and there is no action required.

Presentation of Number of Registered Voters – 0
Ms. Burns presented the number of registered voters within the District, noting that the number was 0.

TWELFTH ORDER OF BUSINESS	Other Business
There being none, the next item followed.

THIRTEENTH ORDER OF BUSINESS	Supervisors	Requests	and	Audience
Comments
There being none, the next item was followed.
FOURTEENTH ORDER OF BUSINESS	Continuation of Meeting to June 13th at
11:00 a.m.
Ms. Burns asked for a motion to continue the meeting to June 13th at 11:00 a.m. at the
library.

On MOTION by Mr. Rosser, seconded by Mr. Marc, with all in favor, the meeting was continued to Monday, June 13, 2022 @ the Lake Alfred Public Library.

Secretary/Assistant Secretary	Chairman/Vice Chairman

Section IV

ASSIGNMENT OF CONTRACTOR AGREEMENT
CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT GRADING, PAVING, AND MASTER INFRASTRUCTURE PROJECT (PHASE 2 AND 3)

Assignor:	KRPC East Johnson, LLC (“Assignor”)
Owner/Assignee:	Cypress Park Estates Community Development District (“Assignee” or “District”)
Contractor:	Tucker Paving, Inc. (“Contractor”)
Contract:	Agreement Between Owner and Contractor for Construction Contract (Stipulated Price) Cypress Park Estates Phase 2 and 3 – Grading, Paving, and Master Infrastructure (“Contractor Agreement” or “Project”)

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, does hereby transfer, assign and convey unto Assignee, all of the rights, interests, benefits and privileges of Assignor under the Contractor Agreement, by and between Assignor and Contractor, for the above-referenced Project. Further, Assignee does hereby assume all obligations of Assignor under the Contract arising or accruing after the date hereof. Contractor hereby consents to the assignment of the Contract and all of Contractor’s rights, interests, benefits, privileges, and obligations to Assignee.

Executed in multiple counterparts to be effective the 	 day of June, 2022.

TUCKER PAVING, INC.

By: 		 Printed Name: 	 Title: 			

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT

By: 	
Name: Scott Shapiro Title: Chairperson

KRPC EAST JOHNSON, LLC

By: 	
Printed Name: McKinzie D. Terrill Title: Manager

EXHIBITS:
Developer’s Affidavit and Agreement Regarding Assignment of Contractor Agreement
Contractor’s Acknowledgment and Acceptance of Assignment and Release
Addendum to Contractor Agreement with Exhibits:
Scrutinized Companies Statement
Public Entity Crimes Statement
Trench Safety Compliance Act Statement
Discrimination Statement

DEVELOPER’S AFFIDAVIT AND AGREEMENT REGARDING ASSIGNMENT OF CONTRACTOR AGREEMENT
CYPRESS PARK ESTATE COMMUNITY DEVELOPMENT DISTRICT GRADING, PAVING, AND MASTER INFRASTRUCTURE PROJECT (PHASE 2 AND 3)

STATE OF FLORIDA COUNTY OF 	

BEFORE ME, the undersigned, personally appeared McKinzie D. Terrill of KRPC East Johnson, LLC (“Developer”), who, after being first duly sworn, deposes and says:

I, McKinzie D. Terrill, serve as Manager for Developer and am authorized to make this affidavit on its behalf. I make this affidavit in order to induce the Cypress Park Estates Community Development District (“District”) to accept an assignment of the Contractor Agreement (defined below).

The agreement between Developer and Tucker Paving, Inc. (“Contractor”), dated
	, and attached hereto as Exhibit A (“Contractor Agreement”),  X  was competitively bid prior to its execution or    is below the applicable bid thresholds and was not required to be competitively prior to its execution.

Developer, in consideration for the District’s acceptance of an assignment of the Contractor Agreement agrees to indemnify, defend, and hold harmless the District and its successors, assigns, agents, employees, staff, contractors, officers, supervisors, and representatives (together, “Indemnitees”), from any and all liability, loss or damage, whether monetary or otherwise, including reasonable attorneys’ fees and costs and all fees and costs of mediation or alternative dispute resolution, as a result of any claims, liabilities, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, or judgments, against Indemnitees and which relate in any way to the assignment of, or bid process for, the Contractor Agreement.

Developer has obtained a release from Contractor (and all subcontractors and material suppliers thereto) acknowledging the assignment of the above referenced contract and the validity thereof, the satisfaction of the bonding requirements of Section 255.05, Florida Statutes (if applicable), and waiving any and all claims against the District arising as a result of or connected with this assignment. Such releases are attached as Exhibit B.

The Contractor has  X  furnished or will furnish a performance and payment bond in accordance with Section 255.05, Florida Statutes, which is attached hereto as Exhibit C, or   was not required to provide such a bond pursuant to Section 255.05, Florida Statutes.

Developer  X  represents and warrants that there are no outstanding liens or claims relating to the Contractor Agreement, or   has posted a transfer bond in accordance with Section 713.24, Florida Statutes, which is attached hereto as Exhibit D.

Developer represents and warrants that there are no payments to Contractor and any subcontractors or materialmen under the Contractor Agreement are outstanding and no disputes under the Contractor Agreement exist.

Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief.

Executed this 	 day of June, 2022.

KRPC EAST JOHNSON, LLC
a Florida limited liability company

By: 	
Printed Name: McKinzie D. Terrill Title: Manager

[Print Name]

STATE OF FLORIDA
COUNTY OF 	

The foregoing instrument was acknowledged before me by means of ▢ physical presence or ▢ online notarization this   day of 	, 2022 by McKinzie D. Terrill, as Manager of KRPC East Johnson, LLC, on behalf of the company.

(Official Notary Signature) Name:
Personally Known
[notary seal]	OR Produced Identification Type of Identification

CONTRACTOR’S ACKNOWLEDGMENT AND ACCEPTANCE OF ASSIGNMENT AND RELEASE
CYPRESS PARK ESTATE COMMUNITY DEVELOPMENT DISTRICT (PHASE 2 AND 3) GRADING, PAVING, AND MASTER INFRASTRUCTURE PROJECT

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tucker Paving, Inc. (“Contractor”), hereby agrees as follows:

The agreement (“Contractor Agreement”) between KRPC East Johnson, LLC. and Contractor dated May 4, 2022, has been assigned to the Cypress Park Estates Community Development District (“District”). Contractor acknowledges and accepts such assignment and its validity.

Contractor represents and warrants that either:

  X  Contractor has or will furnish and record a performance and payment bond in accordance with Section 255.05, Florida Statutes, and has notified any subcontractors, material suppliers or others claiming interest in the work of the existence of the bond; or

 	 Contractor has not been required to furnish or provide a performance and
payment bond under Section 255.05, Florida Statutes, and has notified any subcontractors, materialmen or others claiming interest in the work that (a) no such bond exists; (b) the District, as a local unit of special purpose government, is not an “Owner” as defined in Section 713.01(23), Florida Statutes; and (c) there are no lien rights available to any person providing materials or services for improvements in connection with the Improvement Agreement.

Contractor represents and warrants that all payments to any subcontractors or materialmen under the Contractor Agreement are current, there are no past-due invoices for payment due to the Contractor under the Contractor Agreement, and there are no outstanding disputes under the Contractor Agreement.

Contractor hereby releases and waives any claim it may have against the District as a result of or in connection with such assignment.

[CONTINUED ON NEXT PAGE]

Executed this 	 day of June, 2022.

TUCKER PAVING, INC.

STATE OF FLORIDA
COUNTY OF 	

By: 	
Its: 	

The foregoing instrument was acknowledged before me by means of ▢ physical presence or ▢ online notarization this    day of June, 2022 by 	, as 	 of Tucker Paving, Inc., on behalf of the company.

(Official Notary Signature) Name:
Personally Known
[notary seal]	OR Produced Identification Type of Identification

ADDENDUM (“ADDENDUM”) TO CONTRACT (“CONTRACT”) CYPRESS PARK ESTATE COMMUNITY DEVELOPMENT DISTRICT
GRADING, PAVING, AND MASTER INFRASTRUCTURE PROJECT (PHASE 2 AND 3)

ASSIGNMENT. This Addendum applies to that certain Agreement between Owner and Contractor for Construction Contract (Stipulated Price) dated May 4, 2022 (“Contract”) between the Cypress Park Estates Community Development District (“District”) and Tucker Paving, Inc. (“Contractor”), which Contract was assigned to the District simultaneous with the execution of this Addendum. To the extent the terms of the Contract conflict with this Addendum, the terms of this Addendum shall control.

Payment  and  Performance  Bonds;  No  Lien  Rights.  Before commencing the
work, and consistent with the requirements of Section 255.05, Florida Statutes, the Contractor shall execute, deliver to the District, and record in the public records of Polk County, Florida, a payment and performance bond with a surety insurer authorized to do business in this state as surety or, to the extent permitted by the District in its sole discretion, provide an alternative form of security as authorized under Section 255.05, Florida Statutes. The cost of such bond shall be added to Contractor’s proposal and shall be invoiced to the District. Such bond and/or security shall be for 100% of the remaining project cost and shall be in effect for a full year from the time of completion of the project. Contractor agrees that the District is a local unit of special-purpose government and not an “Owner” as defined in Section 713.01(23), Florida Statutes. Therefore, notwithstanding anything in the Contract to the contrary, there are no lien rights available to any person providing materials or services for improvements in connection with the project. Contractor shall notify any subcontractors, material suppliers or others claiming interest in the work of the existence of the payment and performance bond.

INSURANCE. In addition to the existing additional insureds under the Contract, the District, its officers, supervisors, agents, attorneys, engineers, managers, and representatives also shall be named as additional insureds under the insurance provided pursuant to the Contract. Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida. If Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

Local Government Prompt Payment Act.  Notwithstanding any other provision of the Contract, all payments to the Contractor shall be made in a manner consistent with the Local Government Prompt Payment Act, Sections 218.70 through 218.80, Florida Statutes. Contractor shall make payments due to subcontractors and materialmen and laborers within ten (10) days in accordance with the prompt payment provisions contained in Section 218.735(6), 218.735(7), and 218.74, Florida Statutes. All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, bear interest at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.735(9), Florida Statutes.

RETAINAGE. The following provision addresses the holding of retainage under the Contract:

Prior to 50 percent completion of the construction services purchased pursuant to the Contract, the Owner may withhold from each progress payment made to the Contractor

an amount not exceeding 5 percent of the payment. After 50 percent completion of the construction services, the Contractor may present a payment request for up to one half of the retainage held, less such amounts as may be withheld pursuant to this Contract or applicable law. After 50 percent completion of the construction services, and until final completion and acceptance of the Work by Owner, the Owner shall reduce to 2.5 percent the amount of retainage withheld from each subsequent progress payment made to the Contractor. Five percent of the contract price will be retained until final completion, acceptance of the Work, and final payment to the Contractor.

INDEMNIFICATION. Contractor’s indemnification, defense, and hold harmless obligations under the Contract shall continue to apply to the original indemnitees and shall further include the District and its supervisors, consultants, agents, attorneys, managers, engineers and representatives. To the extent that a maximum limit for indemnification is required by law, and not otherwise set forth in the Contract, the indemnification limit shall be the greater of the limits of the insurance amounts set forth in the Contract or Three Million Dollars ($3,000,000), which amounts Contractor agrees are reasonable and enforceable, and were included as part of the bid and/or assignment documents. The Contractor’s obligations hereunder are intended to be consistent with all provisions of applicable law, and to the extent found inconsistent by a court of competent jurisdiction, the Contract shall be deemed amended and/or reformed consistent with the intent of this paragraph and such that the obligations apply to the maximum limits of the law.

Tax  Exempt  Direct  Purchases. The parties agree that the District may in its sole discretion elect to undertake a direct purchase of any or all materials incorporated into the work performed according to the Contract. In such event, the following conditions shall apply:

The District represents to Contractor that the District is a governmental entity exempt from Florida sales and use tax, and has provided Contractor with a copy of its Consumer Exemption Certificate.

The District may elect to implement a direct purchase arrangement whereby the District will directly acquire certain materials (“Direct Purchase Materials”) necessary for the work directly from the suppliers to take advantage of District’s tax-exempt status.

Prior to purchasing any materials, the Contractor shall contact the District to determine which materials will be treated as Direct Purchase Materials.

The District shall issue a Certificate of Entitlement to each supplier of Direct Purchase Materials, and to the Contractor. Each Certificate of Entitlement will be in the format specified by Rule 12A-1.094(4)(c), Florida Administrative Code. Each Certificate of Entitlement shall have attached thereto the corresponding purchase order. Each Certificate of Entitlement shall affirm that (1) the attached purchase order is being issued directly to the vendor supplying the tangible personal property the Contractor will use in the identified public works; (2) the vendor’s invoice will be issued directly to the District; (3) payment of the vendor’s invoice will be made directly by the District to the vendor from public funds;
(4) the District will take title to the tangible personal property from the vendor at the time of purchase or of delivery by the vendor; and (5) the District assumes the risk of damage or loss at the time of purchase or delivery by the vendor. Each Certificate of Entitlement shall acknowledge that if the Department of Revenue determines the purchase is not a tax- exempt purchase by a governmental entity, then the District will be responsible for any tax, penalties and interest determined to be due.

The District shall issue purchase orders directly to suppliers of Direct Purchase Materials. The District shall issue a separate Certificate of Entitlement for each purchase order. Such purchase orders shall require that the supplier provide the required shipping and handling insurance and provide for delivery F.O.B. jobsite. Corresponding change orders shall be executed at the time of the direct purchase to reflect the direct purchases made by the District and if the original contract contemplated sale of materials and installation by same person, the change order shall reflect sale of materials and installation by different legal entities.

Upon delivery of the Direct Purchase Materials to the jobsite, the District shall inspect the materials and invoices to determine that they conform to the purchase order. If the materials conform, the District shall accept and take title to the Direct Purchase Materials.

Suppliers shall issue invoices directly to the District. The District shall process invoices and issue payment directly to the suppliers from public funds.

Upon acceptance of Direct Purchase Materials, the District shall assume risk of loss of same until they are incorporated into the project. Contractor shall be responsible for safeguarding all Direct Purchase Materials and for obtaining and managing all warranties and guarantees for all material and products.

The District shall, at its option, maintain builder’s risk insurance on the Direct Purchase Materials.

PUBLIC RECORDS. The Contractor agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with the services provided hereunder and agrees to cooperate with public record requests made thereunder. In connection with this Contract, Contractor agrees to comply with all provisions of Florida’s public records laws, including but not limited to Section 119.0701, Florida Statutes, the terms of which are incorporated herein. Among other requirements, Contractor must:

Keep and maintain public records required by the District to perform the service.
Upon request from 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.
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 Contractor does not transfer the records to the District.
Upon completion of this Agreement, transfer, at no cost, to the District all public records in possession of the Contractor or keep and maintain public records required by the District to perform the service. If the Contractor transfers all public records to the District upon completion of this Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor 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.

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 PUBLIC RECORDS CUSTODIAN AT C/O JILL BURNS, GOVERNMENTAL MANAGEMENT SERVICES CENTRAL FLORIDA, LLC, 219 E. LIVINGSTON ST. ORLANDO, FLORIDA 32801, PHONE (407) 841-5524, AND JBURNS@GMSCFL.COM
SOVEREIGN IMMUNITY. Nothing in the Contract shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability as set forth in Section 768.28, Florida Statutes or other statute, and nothing in the Contract shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law.

NOTICES. Notices provided to the District pursuant to the Contract shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the following individuals:

District:	Cypress Park Estates Community Development District c/o GMS Central Florida, LLC
219 E. Livingston St. Orlando, Florida 32801 Attn: District Manager

With a copy to:	KE Law Group, PLLC
2016 Delta Boulevard, Suite 101
Tallahassee, Florida 32303 Attn: District Counsel

SCRUTINIZED COMPANIES STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement pursuant to Section 287.135(5), Florida Statutes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form of the attached Exhibit A. If the Contractor is found to have submitted a false certification as provided in Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in the boycott of Israel, or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, the District may immediately terminate the Contract.

PUBLIC ENTITY CRIMES STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement under Section 287.133(3)(a), Florida Statutes, regarding public entity crimes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form of the attached Exhibit B.

Trench Safety Act Statements.  Upon the Assignment, Contractor shall properly execute a Trench Safety Act Compliance Statement and a Trench Safety Act Compliance Cost Statement,

and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statements shall be substantially in the form of the attached Exhibit C.

DISCRIMINATION STATEMENT. Upon the Assignment, Contractor shall properly execute a sworn statement under Section 287.134(2)(a), Florida Statutes, regarding public entity crimes, and by signing this Addendum represents that Contractor is able to execute such sworn statement. The statement shall be substantially in the form of the attached Exhibit D.

Construction  Defects.  PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

E-VERIFY REQUIREMENTS. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E- Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the Work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request.

In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

{REMAINDER OF PAGE INTENTIALLY LEFT BLANK}

IN WITNESS WHEREOF, the parties hereto hereby acknowledge and agree to this Addendum.

TUCKER PAVING, INC.

By: 	
Its: 	

Witness

Print Name of Witness

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT

Witness	By: Scott Shapiro
Its: Chairperson

Print Name of Witness

Exhibit A:	Scrutinized Companies Statement Exhibit B:	Public Entity Crimes Statement Exhibit C:	Trench Safety Act Statement Exhibit D:	Discrimination Statement

EXHIBIT A

SWORN STATEMENT PURSUANT TO SECTION 287.135(5), FLORIDA STATUTES, REGARDING SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to 	Cypress Park Estates Community Development District	

by	(print individual's name). I am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of 		 (print individual’s title) for Tucker Paving, Inc. (“Contractor”), and am authorized to make this Sworn Statement on behalf of Contractor. Contractor’s business address is: 			

	.

I understand that, subject to limited exemptions, Section 287.135, Florida Statutes, declares a company that, at the time of bidding or submitting a proposal for a new contract or renewal of an existing contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or that has business operations in Cuba or Syria is ineligible for, and may not bid on, submit a proposal for, or enter into or renew a contract with a local governmental entity for goods or services of $1 million or more.

Based on information and belief, at the time the entity submitting this sworn statement submits its proposal to the Cypress Park Estates Community Development District, neither the entity, nor any of its officers, directors, executives, partners, shareholders, members, or agents, is listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria.

The entity will immediately notify the Cypress Park Estates Community Development District in writing if either the entity, or any of its officers, directors, executives, partners, shareholders, members, or agents, is placed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List.

Signature by authorized representative of Proposer

STATE OF FLORIDA
COUNTY OF 	

Sworn to (or affirmed) and subscribed before me this 	 day of 	, 2022, by 	
	, as 		 of Tucker Paving, Inc., who is personally known to me or who has produced 		 as identification and who did (did not) take an oath.

[notary seal]	Signature of Notary Public taking acknowledgement My Commission Expires: 	

EXHIBIT B

SWORN STATEMENT ON PUBLIC ENTITY CRIMES PURSUANT TO SECTION 287.133(2)(a), FLORIDA STATUTES

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to Cypress Park Estates Community Development District.

I, 	(print individual’s name) am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of 	 (print individual’s title) for Tucker Paving, Inc. (“Contractor”), and am authorized to make this Sworn Statement on behalf of Contractor.

Contractor’s business address is 	

Contractor’s Federal Employer Identification Number (FEIN) is 	

(If the Contractor has no FEIN, include the Social Security Number of the individual signing this sworn statement: 	.)

I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere

I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means:

A predecessor or successor of a person convicted of a public entity crime; or,

An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

Based on information and belief, the statement which I have marked below is true in relation to the Contractor submitting this sworn statement. (Please indicate which statement applies.)

	 Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

	 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies):

   There has been a proceeding concerning the conviction before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

   The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)

   The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of Management Services.)

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR/VENDOR EXECUTING THIS PUBLIC ENTITY CRIME AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY 1, 1989. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN CONVICTED OF A PUBLIC ENTITY CRIME, THE CONTRACTOR/VENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT RECEIVED A CONVICTION. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR.

[CONTINUE ON NEXT PAGE]

Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Sworn Statement under Section 287.133(3)(a), Florida Statutes, Regarding Public Entity Crimes and all of the information provided is true and correct.

Dated this 	 day of 	, 2022.

By:	 Title:	

STATE OF FLORIDA
COUNTY OF 	

Sworn to (or affirmed) and subscribed before me this 	 day of 	, 2022, by 	
	, as 		 of Tucker Paving, Inc., who is personally known to me or who has produced 		 as identification and who did (did not) take an oath.

[notary seal]	Signature of Notary Public taking acknowledgement My Commission Expires: 	

EXHIBIT C

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT TRENCH SAFETY ACT COMPLIANCE STATEMENT

INSTRUCTIONS
Because trench excavations on this project are expected to be in excess of 5 feet, Florida’s Trench Safety Act, Sections 553.60 – 553.64, Florida Statutes, requires that construction on the project comply with Occupational Safety and Health Administration Standard 29 C.F.R.s. 1926.650 Subpart P. The Contractor is required to execute this Compliance Statement and the Compliance Cost Statement. The costs for complying with the Trench Safety Act must be incorporated into the Contract Price.

This form must be certified in the presence of a notary public or other officer authorized to administer oaths.

CERTIFICATION
I understand that the Trench Safety Act requires me to comply with OSHA Standard 29
C.F.R.s. 1926.650 Subpart P. I will comply with The Trench Safety Act, and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project.
The estimated cost imposed by compliance with The Trench Safety Act will be:
		Dollars $		 (Written)		(Figures)
The amount listed above has been included within the Contract Price.

Dated this 	 day of 	, 2022.

Contractor: Tucker Paving, Inc.

STATE OF FLORIDA COUNTY OF 	

By: 	
Title: 	

The foregoing instrument was acknowledged before me this   day of 	, 2022, by 	, as 	 of Tucker Paving, Inc., who is personally known to me or who has produced 			 as identification, and did [ ] or did not [ ] take the oath.

[notary seal]	Signature of Notary Public taking acknowledgement My Commission Expires: 	

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT TRENCH SAFETY ACT COMPLIANCE COST STATEMENT

INSTRUCTIONS
Because trench excavations on this Project are expected to be in excess of 5 feet, Florida’s Trench Safety Act, Sections 553.60 – 553.64, Florida Statutes, requires that the Contractor submit a statement of the costs of complying with the Trench Safety Act. Said costs must also be incorporated into the Contract Price. This form must be certified in the presence of a notary public or other officer authorized to administer oaths. By executing this statement, Contractor acknowledges that included in the various items of its Contract Price are costs for complying with the Florida Trench Safety Act. The Contractor further identifies the costs as follows:

Type of Trench Safety Mechanism	Quantity	Unit Cost1	Item Total Cost	

				
				
Project Total		

Dated this 	 day of 	, 2022.

Subcontractor:	

STATE OF FLORIDA COUNTY OF 	

By:	 Title:		

The foregoing instrument was acknowledged before me this 	 day of 		, 2022, by 	, as 		 of Tucker Paving, Inc.,
who is personally known to me or who has produced 	 as identification, and did [ ] or did not [ ] take the oath.

[notary seal]	Signature of Notary Public taking acknowledgement My Commission Expires: 	

1 Use cost per linear square foot of trench excavation used and cost per square foot of shoring used.

EXHIBIT D

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT SWORN STATEMENT PURSUANT TO SECTION 287.134(2)(a), FLORIDA STATUTES,
ON DISCRIMINATION

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

This sworn statement is submitted to Cypress Park Estates Community Development District.

I, 	(print individual’s name) am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of 	 (print individual’s title) for Tucker Paving, Inc. (“Contractor”), and am authorized to make this Sworn Statement on behalf of Contractor.

Contractor’s business address is 	

Contractor’s Federal Employer Identification Number (FEIN) is 	

(If the Contractor has no FEIN, include the Social Security Number of the individual signing this sworn statement: 	.)

I understand that a "discrimination" or “discriminated” as defined in Section 287.134(1)(b), Florida Statutes, means a determination of liability by a state circuit court or federal district court for a violation of any state or federal law prohibiting discrimination on the basis of race, gender, national origin, disability, or religion by an entity; if an appeal is made, the determination of liability does not occur until the completion of any appeals to a higher tribunal.

I understand that “discriminatory vendor list” as defined in Section 287.134(1)(c), Florida Statutes, means the list required to be kept by the Florida Department of Management Services pursuant to Section 287.134(3)(d), Florida Statutes.

I understand that “entity” as defined in Section 287.134(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity.

I understand that an "affiliate" as defined in Section 287.134(1)(a), Florida Statutes, means:

A predecessor or successor of an entity that discriminated; or

An entity under the control of any natural person or entity that is active in the management of the entity that discriminated. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one entity of shares constituting a controlling interest in another entity, or a pooling of equipment or income among entities when not for fair market value under an arm's length agreement, shall be a prima facie case that one entity controls another entity

I understand that, pursuant to Section 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on

leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.)

Neither the entity submitting this sworn statement, nor any affiliate of the entity, has been placed on the discriminatory vendor list.

The entity submitting this sworn statement, or an affiliate of the entity, appears on the discriminatory vendor list.

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR/VENDOR EXECUTING THIS AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST, THE CONTRACTOR/VENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT PLACED ON THE DISCRIMINATORY VENDOR LIST. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR.

I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY.

Signature by authorized representative of Proposer

STATE OF FLORIDA
COUNTY OF 	

Sworn to (or affirmed) and subscribed before me this 	 day of 	, 2022, by 	
	, as 		 of Tucker Paving, Inc., who is personally known to me or who has produced 		 as identification and who did (did not) take an oath.

[notary seal]	Signature of Notary Public taking acknowledgement My Commission Expires: 	

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 Laws and Regulations.

AGREEMENT
BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

Prepared by

EJCDC
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

Issued and Published Jointly by

ACEC
ASCE

W

A		National Societv of Professional Engineers®

Endorsed by

'SI	��gA

Copyright© 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org

American Society of Civil Engineers
1801Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723
www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between	KRPC EAST JOHNSON, LLC	("Owner") and

-Tucker Pa-vin�g, Inc. 		("Contractor"). Owner and Contractor hereby agree as follows:

ARTICLE 1- WORK

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

ARTICLE 2 -THE PROJECT

The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Phase 2 and Phase 3 - Grading, Paving, and Master Infrastructure
c't re ?a.(\ S-\o.-\es
ARTICLE 3 - ENGINEER

The part of the Project that pertains to the Work has been designed by Gadd & Associates, located at 4685 E. County Road 540A, Lakeland, FL 33813.
The Owner has retained Gadd & Associates ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TlMES

Time of the Essence
All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
II.Q2	C6Rt."Oet Times: !Jstes
Tl=te  Werk will l:le s1::11:lstantiall•,r eernpletea on or l:lefore 	_. ana eern13letea ana reaEl•t fer 
_final payment in aeeeraanee witl:i Paragra131=t  lS.Qe ef tl=te  General Cenelitions en er l:lefere
•.•...
[or]
Contract Times: Days

/I

M. 	Tl=te '.A/erk will l:le s1::11:lstantially eernpletea witl=tin -•  .  ••  ela•ts after tl=te Elate wl:ien tl:ie Contract
Times eomrnence to r1::1n as proviaeel in Paragra131:l 11.Ql of tl:ie General Cenelitions, anel eempletee anel ready fer final pa•tment in aceerdanee witl::i Paragrapl::i lS.Qe of tl::ie General Cenelitiens witl:iin  ela•(s after tl:ie elate 1,vl:ien tl:ie Contract TiA'leS eernrnenee to run.

*A.  Contractor agrees to complete all work described herein within Two Hundred Twenty‐ Two (222 ) days (Phase 2) and Two Hundred Sixty‐Seven (267) days (Phase 3) of the issuance of a Notice to Proceed and after material procurement time for each Phase with the material procurement occurring immediately and no longer than 4‐6 weeks for submittals and 10‐12 weeks for material delivery after approval from engineer of record.

Parts of the Work shall be substantially completed on or before the following Milestone(s):
Milestone 1 [event & date/days]
Milestone 2 [event & date/days]
Milestone 3 [event & date/days]
Liquidated Damages
Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):
Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.
Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.
Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

Milestones: Contractor shall pay Owner $	for each day that expires after the
time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved.
Bonus: Contractor and Owner further recognize the Owner will realize financial and other benefits if the Work is completed prior to the time specified for Substantial Completion. Accordingly, Owner and Contractor agree that as a bonus for early completion, Owner shall

pay Contractor $	for each day prior to the time specified in Paragraph 4.02 for
Substantial Completion (as duly adjusted pursuant to the Contract) that the Work is

substantially complete. The maximum value of the bonus shall be limited to $

.

 	

ARTICLE 5 – CONTRACT PRICE

Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

For all Work other than Unit Price Work, a lump sum of: Three Million Eight Hundred Fifty­ Four Thousand Seven Hundred Twenty-Seven and 57/100 ($3,854,727.57) for Phase 2 and Four Million Seven Hundred Forty-Five Thousand Three H`undred Twenty and 42/100 ($4,745,320.42) for Phase 3.
All specific cash allowances are included in the above price in accordance with Paragraph
13.02 of the General Conditions.
For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item):

Unit Price Work	
Item No.	Description	Unit	Estimated Quantity	Unit
Price	Extended Price	
	See Bid Exhibit					

						
						
Total of all Extended Prices for Unit Price Work (subject to final adjustment based on actual quantities)	$	
The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer.
Tetal ef LuR'lp liuR'l AR'leuRt anal URit Priee \6/eFk (su13:jeet  te  final Unit Priee aEljustR'!ent)

For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.

ARTICLE 6 - PAYMENT PROCEDURES

Submittal and Processing of Payments
Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
Progress Payments; Retainage
Owner sl'lall R'lake pregress payR'lents en aeeeunt ef tl'le Centraet Priee en tl'le easis ef
Centraeter's .A.pplieatiens fer Pa•tR'lent en er aeeut tl'le 		dav ef ead1 R'lontl'I during
perferR'!anee ef tl'le \J.'erk as pro11ideel in Paragrapl'I 6.Q2.A.l eelow, pro•,ieed tl'lat suel'I Applieatiens for Pa'/R'lent t:ia,.,e eeen suernitted in a timely manner and otl'lerwise meet tl'le reeiuireR'!ents of tl'le Centraet.•11,11  suel'I payR'lents •,•..ill ee R'leasured ey tl'le Sel'leEl1::1le ef Values estaelisl'led as previded in Hie General Cenditiens (and in tl'lc ease of Unit Priee Werk eased

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).
Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

OR  the Al:IFlleer of l:IAits coFllpleteel) or, iA the eveAt there is AO  Scheel1:1le  of Val1:1es,  as pro1.«ieleelelsewhere iA the CoAtraet.
Prier te S1:1estaAtial CoFllpletioA, pregress payFlleAts will ee maele iA aA amo1:1At eEJ1:1al  to  the perceAtage iAelieateel eelow e1:1t,  iA each case, less the aggregate of paymeAts previo1,1sl·t FAaele  aAel less s1:1ch  amo1:1Ats  as OwAer ma·t withhelel, iAcl1:1eliAg  e1:1t  Rot liFAiteel te liEJ1:1ielateel elaFllages, iA accorelaAce with the CoAtraet
	perceAt of Work completeel (with the ealaAce eeiAg retaiAage). If the Work l:tas eeeA 50 perceAt ceFApleteel as eleterFlliAeel e·t  AgiAeer, anel if the character aRel progress ef the Werk have eeeA satisfactory to Ovmer aRel  EAgiAeer, theA as lo Ag as the character aAel progress of tl:te \Aferk reFAaiA satisfactery to OwAer aAel Engineer, there •,yill ee AO aelelitieAal retaiAage; aAel
e. ;.._ perceAt of cost ef Fllaterials aAel eEJ1:1ipFlleAt Rot iAcerporateel iA the Work (11i•itl:ttl:te ealaAce eeiAg retaiAage).
UpeA S1:1estaAtial  CeFllpletio , OwAer shall pay aA  aFAe1:1At  s1:1fficieAt  te  iAcrease total payFllents te CeAtractor to! .. ••  •.  perceAt of the Werk coFApleteel, less s1:1ch  aFA01:1Ats set off
·-
1:ly  Ovmer p1:1rs1:1aAt  te  Paragraph 15.01.E ef the GeAeral CoAelitioAs, aRel less perceAt
of EAgiAeer's estiFllate ef the val1:1e  of Werk to ee ceFApleteel or cerreeteel as shown on the p1:1Ach list of iteFAs to ee ceFllpleteel er cerrecteel prier to fiAal payFlleAt.

*A. Owner shall make progress payments to Contractor in a manner consistent with the Local Government Prompt Payment Act. sections 218.70 through 218.80 of the Florida Statutes.
In accordance with Section 218.735(8), Florida Statutes, -teA percent (-10%) shall be retained 5%
from each payment made to Contractor until the Work is fifty percent (50%) complete: after
the Work is fifty percent (50%) complete. five percent (-5%)  shall be retained from each payment.	1 .S°ftS

Final Payment
Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06.

ARTICLE 7- INTEREST

fl.II ame1:1Ats  Rot paiel ,,,..heA  el1:1e  shall eear iAterest at the rate of:..:.,  perceAt per aAAl:IFA.  All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, shall bear interest at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.74(4), Florida Statutes.

ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS

In order to induce Owner to enter into this Contract, Contractor makes the following representations:
Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price).

Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.
Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. The Contractor agrees and has included all work recommended within these documents to include, but not limited to, site preparation, required materials, testing, and debris removal.
Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs.
Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 - CONTRACT DOCUMENTS

Contents
The Contract Documents consist of the following:
This Agreement (pages.! to	inclusive).
Performance bond (pages_ to_, inclusive).
Payment bond (pages_ to_, inclusive).

EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipnlated Price).

Other bonds.
N/A (pages_.:-. to	inclusive).
General Conditions (pages 1 to §1_, inclusive).
Supplementary Conditions (pages 1 to i inclusive).
Specifications as listed in the table of contents of the Project Manual.
Drawings (not attached but incorporated by reference) consisting of the Drawings listed on the attached sheet index.
Report of Preliminary Geotechnical Engineering Evaluation by Faulkner Engineering Services, Inc. (revised on Feb. 17,2020)
Addenda (numbers_ to_, inclusive).
Exhibits to this Agreement (enumerated as follows):
Contractor's Bid Phase 2 and 3 (pages 1 to 20, inclusive).
Addendum to Standard Agreement Regarding Insurance Requirements
The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:
Notice to Proceed.
Work Change Directives.
Change Orders.
Field Orders.
The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions.
Specific Items represented on the plans to be excluded by the Contractor:
Pre-Cast Masonry Walls
Landscaping, Irrigation, Sod, & Fences within Landscape Buffers or Recreation Tracts.
Amenities to include pools, benches, play equipment & structures included within Recreation Tracts
Mailbox receptacles
Specific Items to be included by the Contractor described herein for clarity are to include, but not be limited to:
All materials testing to meet Haines City (On-Site) and Polk County (Off-Site) requirements.
Bttfiee tFash re1 uoval (refe1e1,ee Gee eeh11ieal Repeft) OR a WR it ,o,t bam.

Removal of all existing trees and irrigation within the project area. Contractor to determine if burning of existing vegetation is allowed and secure any necessary permits.
Mass graaiAg of Phase 2 (iAeh:1aiAg poAa eoAstn:JEtioA aAa limited storFA pipiAg per aoe1:1FAeAts). t>Eeess fill is to he Aeatl•t stoelEpilea oA site per DeYeloper iAstr1:1etioAs.
All sidewalk construction except within the R-O-W or residential lots. Sidewalk within existing/proposed R-O-W of Johnson Ave, Baker Dairy Rd, and Bice Grove Rd. are to be included in Contractors Scope of Work.
Contractor shall sod 2' adjacent to adjacent to all curb (where sidewalk is not constructed adjacent), between back of sidewalk and curb (where sidewalk is constructed), all unpaved disturbed areas within Powerline Rd., Johnson Ave. and Baker Dairy Rd., ail areas of retention tracts (with the exception of pond bottoms to be seeded). All other disturbed areas are to be seeded (include temporary seeding for erosion control of all areas within Recreation Tracts after final grading). Temporary water to be provided as needed to maintain health of all sodded and seeded areas.
Fire Hydrant Testing after Clearance of constructed water distribution system.
Contractor shall fine grade all areas included within Recreation Areas and shall include all sidewalks, parking areas, dumpster pads/enclosures, water and sewer services to within 5' of structures (include backflow prevention, pads, valves, & cleanouts). Irrigation backflow preventers to be constructed to meet service size
{cap at tract side of BFP).
Contractor to coordinate with Owner for size and location of required irrigation sleeves prior to constructing pavement or sidewalks.
EeRtc.,ior ,hall iAeh:1ee-the ph•t!ieel work end 19ermittil'lg of ee19piAg en9 existing weUs....w.ithin the preieet aree as reeit1irt:d by Florlda Ad111i11istrsti1o'e Code aftEI
-fespesti..«e AgeRGie,.
Contractor agrees that if Phase 2 is short of any fill dirt based on the grading plans provided and if Phase 3 has excess fill dirt based on grading plan provided, Contractor shall use the fill dirt from Phase 3 to balance the Phase 2 site and the Owner will pay the Contractor a mutually agreeable labor only rate.

ARTICLE 10 - MISCELLANEOUS

Terms
Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.
Assignment of Contract
It is the intent of the Owner to assign this Contract to a Community Development District (CDD) established over the lands upon which the improvements will be constructed. By executing the Contract, Contractor agrees to such assignment of the Contract, including all rights, interest, duties and responsibilities of the Owner contained herein. Contractor shall

not assign all or any portion of this Contract without the express written consent of the Owner or assignee of the Owner. Contractor further agrees to execute any and all documents necessary to effectuate the assignment of the Contract to a community development district..
Successors and Assigns
Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.
Severability
Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
Contractor's Certifications
Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:
"corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;
"fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;
"collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and
"coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
Other Provisions
Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions.

IN Wl1NESS WHEREOF, Owner and Contractor have signed this Agreement.

By:	Pc.'t<';c\.:

This Agreement will be effective on $l4\1-D'l'l.(which is the Effective Date of the Contract).

By:	 McKiozie D Ieccill	

Title:

Manager

ntle:	f\J9

Attest:	
ntle:	,..,J,,c
Address for giving notices: KRPC EAST JOHNSON, LLC

{If Contractor is o corporation, a partnership, or o Joint venture:tt cj evidence of authority to sign.) Attest: lfW
Title:	 CM	
Address for giving notices: TUCKER PAVING, INC.

4600 West Cypress St.	5658 Lucerne Park Road
Winter Park, FL 32789	Winter Haven, FL 33881
Phone: 407-645-4400	Phone:	863-299-2262
Fax:	863-294-1007
Attn:	Patrick Braisted License
No.:		
(where applicable)

{If Owner is o corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

NOTE TO USER: Use in those states or other jurisdictions where applicable or required.

EJCDC® C-520 (Rev. 1), A,reemnt Between Owner and Cantractor for Construction Contract (Stipulated Price).
Copyright C 2013Nation.ii Society of Profession.ii Enatneers, American Council of Engineering Companies, and American Society of CMI Engineers. All rights reserved.

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 Laws and Regulations.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

Issued and Published Jointly by

ACEC
A,-11HieAr-; CoUNCI I 01- EN<.;1NJ I HIN(_; C,.> ll'A1"11'

ASCE

9

ll!!IJA National Society of Professional Engineers®

Endorsed by

S/	N gA

These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.
To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org

American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723
www.asce.org

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS
Page
ARTICLE 1 - WORK	1
Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:	1
ARTICLE 2 - THE PROJECT	1
The Project, of which the Work under the Contract Documents is a part, is generally described as follows: PHASE 1 Clearing, Grading, and Infrastructure	1
ARTICLE 3 - ENGINEER	1
The part of the Project that pertains to the Work has been designed by Gadd & Associates, 6700 S. Florida Ave. Suite 4, Florida 33813	1
The Owner has retained Gadd & Associates ("Engineer'') to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents	1
ARTICLE 4 - CONTRACT TIMES	1
Time of the Essence	1
CoAtract TiA'les: Qates	1
Contract Times: Days	1
Liquidated Damages	2
ARTICLE 5 - CONTRACT PRICE	2
Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:	2
ARTICLE 6- PAYMENT PROCEDURES	3
Submittal and Processing of Payments	3
Progress Payments; Retainage	3
Final Payment	4
ARTICLE 7- INTEREST	4
All aA'lOl::IAts Rot paid '.♦.'heA d1::1e  shall bear iAterest at the rate of	perceAt per
.	All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, shall bear interest at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.74(7), Florida Statutes	4
ARTICLE 8-CONTRACTOR'S REPRESENTATIONS	4
In order to induce Owner to enter into this Contract, Contractor makes the following representations:	4

ARTICLE 9 - CONTRACT DOCUMENTS	5
Contents	5
ARTICLE 10 - MISCELLANEOUS	7
Terms	7
Assignment of Contract	7
Successors and Assigns	8
Severability	8
Contractor's Certifications	8
Other Provisions	8
ARTICLE 1- Definitions and Terminology	1
Defined Terms	1
Terminology	5
ARTICLE 2 - Preliminary Matters	6
Delivery of Bonds and Evidence of Insurance	6
Copies of Documents	6
Before Starting Construction	7
Preconstruction Conference; Designation of Authorized Representatives	7
Initial Acceptance of Schedules	7
Electronic Transmittals	8
ARTICLE 3 - Documents: Intent, Requirements, Reuse	8
Intent	8
Reference Standards	8
Reporting and Resolving Discrepancies	9
Requirements of the Contract Documents	10
Reuse of Documents	10
ARTICLE 4 - Commencement and Progress of the Work	11
Commencement of Contract Times; Notice to Proceed	11
Starting the Work	11
Reference Points	11
Progress Schedule	11
Delays in Contractor's Progress	11
ARTICLE 5 -Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions	13
Availability of Lands	13

Use of Site and Other Areas	13
Subsurface and Physical Conditions	14
Differing Subsurface or Physical Conditions	15
Underground Facilities	17
Hazardous Environmental Conditions at Site	19
ARTICLE 6- Bonds and Insurance	21
Performance, Payment, and Other Bonds	21
Insurance-General Provisions	21
Contractor1s Insurance	23
Owner's Liability Insurance	25
Property Insurance	25
\&.1ai¥er ef Rigl=lts	27
Receipt and Application of Property Insurance Proceeds	28
ARTICLE 7 - Contractor's Responsibilities	28
Supervision and Superintendence	28
Labor; Working Hours	29
Services, Materials, and Equipment	29
"Or Equals"	29
Substitutes	31
Concerning Subcontractors, Suppliers, and Others	32
Patent Fees and Royalties	34
Permits	34
Taxes	35
Laws and Regulations	35
Record Documents	35
Safety and Protection	35
Safety Representative	37
Hazard Communication Programs	37
Emergencies	37
Shop Drawings, Samples, and Other Submittals	37
Contractor's General Warranty and Guarantee	39
Indemnification	40
Delegation of Professional Design Services	41
ARTICLE 8-  Other Work at the Site	42

Other Work	42
Coordination	43
Legal Relationships	43
ARTICLE 9-0wner's Responsibilities	44
Communications to Contractor	44
Replacement of Engineer	44
Furnish Data	44
Pay When Due	44
Lands and Easements; Reports, Tests, and Drawings	44
lnsurance	45
Change Orders	45
Inspections, Tests, and Approvals	45
Limitations on Owner's Responsibilities	45
Undisclosed Hazardous Environmental Condition	45
Evidence of Financial Arrangements	45
Safety Programs	45
ARTICLE 10- Engineer's Status During Construction	45
Owner's Representative	45
Visits to Site	45
Project Representative	46
Rejecting Defective Work	46
Shop Drawings, Change Orders and Payments	46
Determinations for Unit Price Work	46
Decisions on Requirements of Contract Documents and Acceptability of Work	46
Limitations on Engineer's Authority and Responsibilities	47
Compliance with Safety Program	47
ARTICLE 11-Amending the Contract Documents; Changes in the Work	47
Amending and Supplementing Contract Documents	47
Owner-Authorized Changes in the Work	48
Unauthorized Changes in the Work	48
Change of Contract Price	49
Change of Contract Times	50
Change Proposals	50
Execution of Change Orders	51

Notification to Surety	51
ARTICLE 12 - Claims	51
Claims	51
ARTICLE 13 - Cost of the Work; Allowances; Unit Price Work	53
Cost of the Work	53
Allowances	55
Unit Price Work	56
ARTICLE 14 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work	56
Access to Work	56
Tests, Inspections, and Approvals	57
Defective Work	57
Acceptance of Defective Work	58
Uncovering Work	58
Owner May Stop the Work	59
Owner May Correct Defective Work	59
ARTICLE 15 - Payments to Contractor; Set-Offs; Completion; Correction Period	60
Progress Payments	60
Contractor's Warranty of Title	63
Substantial Completion	63
Partial Use or Occupancy	64
Final Inspection	65
Final Payment	65
Waiver of Claims	66
Correction Period	66
ARTICLE 16-Suspension of Work and Termination	67
Owner May Suspend Work	67
Owner May Terminate for Cause	67
Owner May Terminate For Convenience	68
Contractor May Stop Work or Terminate	69
ARTICLE 17 - Final Resolution of Disputes	70
Methods and Procedures	70
ARTICLE 18- Miscellaneous	70
Giving Notice	70
Computation of Times	71

Cumulative Remedies	71
Limitation of Damages	71
No Waiver	71
Survival of Obligations	71
Controlling Law	71
Headings	71
Sovereign Immunity	71

ARTICLE 1- DEFINITIONS AND TERMINOLOGY

Defined Terms
Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term's singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.
Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.
Agreement- The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.
Application for Payment- The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
Bid-The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
Bidder-An individual or entity that submits a Bid to Owner.
Bidding Documents- The Bidding Requirements, the proposed Contract Documents, and all Addenda.
Bidding Requirements- The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.
Change Order-A document which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.
Change Proposal-A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.
C/aim-(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to

address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.
Constituent of Concern-Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.
Contract- The entire and integrated written contract between the Owner and Contractor concerning the Work.
Contract Documents- Those items so designated in the Agreement, and which together comprise the Contract.
Contract Price-The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.
Contract Times- The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.
Contractor- The individual or entity with which Owner has contracted for performance of the Work.
Cost of the Work-See Paragraph 13.01 for definition.
Drawings-The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.
Effective Date of the Contract-The date, indicated in the Agreement, on which the Contract becomes effective.
Engineer- The individual or entity named as such in the Agreement.
Field Order-A written order issued by Engineer which requires minor changes in the Work but does not change the Contract Price or the Contract Times.
Hazardous Environmental Condition- The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

Laws and Regulations; Laws or Regulations-Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Such definitions shall further include, where the context reasonably allows, compliance with any applicable permits and/or other similar approvals issued by governmental bodies, agencies, and authorities.
Liens-Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.
Milestone-A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.
Notice of Award-The written notice by Owner to a Bidder of Owner's acceptance of the Bid.
Notice to Proceed-A written notice by Owner or Engineer to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work.
Owner- The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.
Progress Schedule-A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times.
Project- The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.
Project Manual- The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.
Resident Project Representative-The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative.
Samples-Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.
Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities.

EJCDC® C-700 (Rev. l), Standard General Conditions of the Construction Contract.

Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment.
Shop Drawings-All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.
Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.
Specifications-The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.
Subcontractor-An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work.
Substantial Completion- The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof.
Successful Bidder-The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.
Supplementary Conditions- The part of the Contract that amends or supplements these General Conditions.
Supplier-A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor.
Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.
Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey

electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
Unit Price Work-Work to be paid for on the basis of unit prices.
Work-The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.
Work Change Directive-A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.
Terminology
The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.
Intent of Certain Terms or Adjectives:
The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Article 10 or any other provision of the Contract Documents.
Day:
The word "day" means a calendar day of 24 hours measured from midnight to the next midnight.
Defective:
The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it:
does not conform to the Contract Documents; or
does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).
Furnish, Install, Perform, Provide:
The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.
The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.
The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.
If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words "furnish," "install," "perform," or "provide," then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.
Unless stated otherwise in the Contract Documents, words or phrases that have a well­ known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 - PRELIMINARY MATTERS

Delivery of Bonds and Evidence of Insurance
Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.
Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.
Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.
Copies of Documents
Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

8. Owner shall maintain and safeguard at least one original printed record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version ofthe Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.
Before Starting Construction
Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:
a preliminary Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;
a preliminary Schedule of Submittals; and
a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.
Such schedules shall be consistent with the documents provided to the Owner as part of the Contractor's bid.
Preconstruction Conference; Designation of Authorized Representatives
Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.
At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
Initial Acceptance of Schedules
At least 10 days before submission of the first Application for Payment a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.
The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing,

scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor's full responsibility therefor.
Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.
Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation ofthe Contract Price to the component parts of the Work.
All such schedules shall be consistent with the documents provided to the Owner as part of the Contractor's bid.
Electronic Transmittals
Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.
If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.
When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 - DOCUMENTS: INTENT, REQUIREMENTS, REUSE

Intent
The Contract Documents are complementary; what is required by one is as binding as if required by all.
It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.
Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic or digital versions of the Contract Documents (including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.
The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.
Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.
Reference Standards
Standards Specifications, Codes, Laws and Regulations

Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.
No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.
Reporting and Resolving Discrepancies
Reporting Discrepancies:
Contractor's Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.
Contractor's Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.
Contractor sl=tall not  lae liaele to Owner or Engineer for failure to report an•r conflict, error, arneiguit)', or aiscrepancy in the Contract Docurnents unless Contractor l=taa act1:1al l nowleage tl=tereof.
Resolving Discrepancies:
Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer shall take

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract.

precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or
the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Requirements of the Contract Documents
During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation-RFls), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.
Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer's written clarification, interpretation, or decision will be final and binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner, unless it appeals by filing a Claim.
If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.
Reuse of Documents
Contractor and its Subcontractors and Suppliers shall not:
have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer; or
have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner's express written consent, or violate any copyrights pertaining to such Contract Documents.
The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

ARTICLE 4 - COMMENCEMENT AND PROGRESS OF THE WORK

Commencement of Contract Times; Notice to Proceed
The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. IA  Re e•JeRt will tl=ie CeRtFaet Times eemmeRee te FUR  lateF tl=iaR  tl=ie siMtietl=i ela1, 
after tl=ie ela'( of Biel opeRiRg OF  tl=ie tl=iirtietl=i ela11 afteF tl=ie Effeeti>.•e Date of the CoRtFaet, wl=iiel=ie•.•eF elate is earlier. s  sec\-x l\ ,01....>A a( C?e.'l"\l!ITT
Starting the Work
Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to such date.
Reference Points
Owner shall provide engineering surveys to establish reference points for construction which in Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.
Progress Schedule
Contractor shall adhere to the Progress Schedule established in accordance with Paragraph
2.05 as it may be adjusted from time to time as provided below.
Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times.
Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 11.
Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.
Delays in Contractor's Progress
If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. fl'le baRelowRer, iR it5-
-sGle and absall'te giscretioR, fl'lay aelelitieRally direet that the ProjeGt be deliver:ed in l'l'IUIUple

-pl,e3e3 retl=lef tl.1111 ell et eRce. Sttck oatien, if e,cereised, sl=lall in Re way ifl'lpect tl,e pricing of-
-tRe Projeet, Rer constittJte a delar.
Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor.
If Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include bl:lt are Rot limited to only the following:
severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;
abAormal weatker coAditioAs;
acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

cA

acts of war or terr9rism	1	\
5 .	t'l\o.-\e<' o.\ ec.\o."( lleo.d -\-, (	b "i0-1\0 -;-\ CC,ffi(a\	¼(	(c,«'f
Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.
Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.
Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.
Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.
Where Contractor is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both Owner and Contractor, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall
Owner or Engineer be liable to Contractor. any subcontractor, any supplier, or any other person or organization, or to any surety or employee or any agent of them, for damages, including but not limited to all fees and charges of Engineers. architects. attorneys, and other

professionals and all court or arbitration or other dispute resolution costs, arising out of or resulting from:
delays caused by or within the control of Contractor (or Subcontractor or Supplier):
delays beyond the control of both Owner and Contractor, including, but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work:
Nor shall Owner or Engineer of each of them be liable to Contractor for any claims, costs, losses or damages sustained by Contractor on or in connection with any other project or anticipated project.
Nothing in this paragraph bars a change in Contract Price to compensate Contractor due to delay, interference, or disruption directly attributable to actions or inactions of Owner or anyone for whom Owner is responsible. Except for an adjustment to the Contract Times and Contract Price, the Contractor shall not be entitled to and hereby waives any and all damages that it may suffer by reason of delay or for any Act of God, and waives all damages that it may suffer by reason of such delay including but not limited to lost profits, overhead, and other consequential damages. No payment of any claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause whatsoever in the progress of the Work, whether such delay is avoidable or unavoidable.

ARTICLE 5 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

Availability of Lands
Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.
8. U13en reasenable written req1:1est, Owner sl'lall fl:1rnish Gentracter with a e1:1rrent statement of reeord legal title and legal deseri13tion of tl'le lands 1:J13on  whieh 13errnanent irn13ro¥ernents are to be rnade and Owner's interest therein as neeessary for gi¥ing notiee of or filing a rneel'lanie's or eonstr1:1ction lien against Sl:JER lands in aeeerdanee with a1313lieable  Laws and Reg1:1lations.
Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
Use of Site and Other Areas
Limitation on Use of Site and Other Areas:
Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor's operations; (cl damage to any other adjacent land or areas; and (d) for

injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.
If a damage or injury claim is made by the owner or occupant of any such land or area because of the performance of the Work, or because of other actions or conduct of the Contractor or those for which Contractor is responsible, Contractor shall (a) take immediate corrective or remedial action as required by Paragraph 7.12, or otherwise;
(b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c} to the fullest extent permitted by Laws and Regulations, indemnify, defend and hold harmless lndemnitees (defined in Paragraph 7.18)OwRer aRel  AgiReer, aRel tl:ie offieers, elireetors, members, J;lartAers, eFAJ;1lo•1ees, agents, eoRsultaRts aREI  subeoRtraetors of eaeh anEI aRy of tl:1eA'I from and against any such claim, and against all liabilities, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs} arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's negligent, reckless or intentionally wrongful performance of the Work, or because of other negligent, reckless or intentionally wrongful actions or conduct of the Contractor or those for which Contractor is responsible.
Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.
Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.
Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.
Subsurface and Physical Conditions
Reports and Drawings: The Supplementary Conditions identify:
tihose reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site and from which the Engineer prepared the Contract Drawings and Specifications;
tihose drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities}t), and from which the Engineer prepared the Contract Drawings and Specifications; and
Technical Data contained in such reports and drawings.

No Reliance by Contractor on Technical Data Authorized: Contractor may not rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings. Instead, while the Technical Data is believed to be reliable, the Technical Data was prepared for the Landowner's benefit by third parties and accordingly, the Landowner cannot guarantee the quantity, quality, completeness or accuracy of that information. , l:H:1t  s1:1eh  re13orts aRd dra•NiRgs are Rot CoRtraet Doe1:1meRts. If AO s1,1eh  e:x13ress ideRtifieatieA has laeeR FRade, theR CeRtraeter may rely 1:1130R  the aee1:1raey of the TeehRieal Data {as defiRed in .'\rtiele 1) eontaiRed in any geoteehRieal or eRviroRmental re13ert 13re13ared for the Prajeet aRd FRade availalale to CoRtraetor.. 1Eee13t  for s1,1eh  relianee on TeehRieal Data, Contractor may not rely upon or make any claim against Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:
the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or
any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations, opinions, or information.
Contractor expressly acknowledges that soil conditions may vary widely across the Site, and Contractor takes responsibility for any and all issues arising from unsuitable soils, including but not limited to, varying soil conditions, etc. that may make it more difficult to install the repairs or otherwise conduct the Work. Furthermore. no additional costs will be charged by Contractor for matters associated with unsuitable and/or varying soils, except that the Contractor may apply for a change order where authorized by the and with respect to "templating."
Contractor warrants it has, by careful examination, satisfied itself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecuting of the Work. Contractor further warrants that the Contract Price is just and reasonable compensation for all the Work, including all foreseen and unforeseen risks. hazards, and difficulties in connection therewith, including any concealed conditions encountered in the performance of the Work below the surface of the ground at variance with conditions indicated by the Contract Documents or other Bidding Documents and Bidding Requirements furnished to the Contractor for its information.
Differing Subsurface or Physical Conditions
Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:
is of s1:1eh a nat1,1re as to estalalish that any Teehnieal Data OR whieh CeRtraeter is eRtitled to rel'( as 13rovided in Paragra13h S.Q3 is FRateriall',' iRaee1,1rate; er
is of such a nature as to require a change in the Drawings or Specifications; or

differs materially from that shown or indicated in the Contract Documents; or
is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with respect to an emergency) until receipt of a written statement permitting Contractor to do so.
Engineer's Review: After receipt of written notice as required by the preceding paragraph, Engineer will promptly review the subsurface or physical condition in question; determine the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations.
Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer} regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations, in whole or in part.
Possible Price and Times Adjustments:
Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance ofthe Work; subject, however, to the following:
such condition must fall within any one or more of the categories described in Paragraph 5.04.A;
with respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03; and,
Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if:
Contractor knew of the existence of such condition at the time Contractor made a commitment to Owner with respect to Contract Price and Contract Times by the

submission of a Bid or becoming bound under a negotiated contract, or otherwise; or
the existence of such condition reasonably could have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such commitment; or
Contractor failed to give the written notice as required by Paragraph 5.04.A.
If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.
Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than
30 days after Owner's issuance of the Owner's written statement to Contractor regarding the subsurface or physical condition in question.
Underground Facilities
A: Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site, if any. is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. URless it is otherwise e1113ressl',' 13rovided iR the S1:11313leffieRtary CoRditioRs:
Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and
the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:
reviewing and checking all information and data regarding existing Underground Facilities at the Site;
locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;
coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and
the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.
Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

Engineer's Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground Facility; and advise Owner in writing of Engineer's findings, conclusions, and recommendations. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.
Owner's Statement to Contractor Regarding Underground Facility: After receipt of Engineer's written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor (with a copy to Engineer) regarding the Underground Facility in question, addressing the resumption of Work in connection with such Underground Facility, indicating whether any change in the Drawings or Specifications will be made, and adopting or rejecting Engineer's written findings, conclusions, and recommendations in whole or in part.
Possible Price and Times Adjustments:
Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following:
Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;
With respect to Work that is paid for on a unit price basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 13.03;
Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and
Contractor gave the notice required in Paragraph 5.05.8.
If Owner and Contractor agree regarding Contractor's entitlement to and the amount or extent of any adjustment in the Contract Price or Contract Times, or both, then any such adjustment shall be set forth in a Change Order.
Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of any adjustment in the Contract Price or Contract Times, or both, no later than
30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question.

Hazardous Environmental Conditions at Site
Ref9erts enr;J Dmwfngs: The Su1313leFAentary Conditions identify:
those Fe13orts  and dFawings IERO'NR  to  OwneF Felating to l=lai!aFdous  enviFORFAental Conditions that have seen identified at OF adjaeent to the Site; and
Teehnieal Data eontained in sueh re13orts and drawings.
Reliance ey Cent."fJcter en J:echnicel Dete Afltherfced: ContraetoF Fflay rel•t u13on the aeeuraey of the Technical Data el<13ressl•,•  identified in the Su1313leFflentary Conditions with res13ect to sueh re13orts and 1frawings, eut sueh re13orts and drawings are not Contraet DoeuFflents. If no such Cl<13Fess  identification has seen made, then Contractor FAa•t rely on the accurae>( of the Technieal Data (as defined in Article 1) contained in any geoteehnieal OF enYironrnental re13ort 13re13ared  foF the PFojeet and Fflade a•.iailaele to ContractoF. el<ce13t  for  such relianee on Technieal Data, Contractor Fflay not rel•t u13on or FflalEe an•t claiFfl against O•Nner or engineeF, or any of theiF o#iceFS, direetoFS, FAerneeFS, 13artneFS, ern13lo11ees, agents, consllltants, OF SlJBeontFaetoFs ,...,it!:i Fes13ect to: 
the c0Ffl13leteness of slleh re13orts and dFa•Nings foF ContFaetar's 13uF13oses, including, eut not lirnited to, any as13ects  of the FAeans, methods, teehni1:1ues,  se1:1uences  and woceduFes af eonstrlletion to ee eFA13loyed B'( ContFaetoF and safety 13reeautions and 13rograms ineident thereto; or
other data, inteF13Fetations, 013iniens and infoFmation eontained in such Fe13orts  or shown or indieated in sueh drawings; or
any Contraetor inter13retation of OF  eonellJsion drawn from any Technieal Data or any sueh other data, inteqnetations, 013inions or infoFFAation.
Contractor shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.
Contractor shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.
If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph
5.06.F. If Contractor or anyone for whom Contractor is responsible created the Hazardous

Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.
Contractor shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.
If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.
If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8.
To tl:le fullest extent perfflitteel b•,· Laws anel Regulations, Ovmer shall indefflnify am'I held harfflless Centraeter, Subeentraeters, anel Engineer, ans the effieers, Elireeters, ffleFRbers, 13artners, efflpleyees, agents, eensultants, anel subeentraeters ef eaeh and an•t eftheffl freffl ana against all elaiffls, easts, lesses, and aafflages (inelueling but net lirnitea te all fees anel eharges of engineers, architeets, attorneys, anel ether professionals anel all eeurt or arbitration er ether elispute resolution easts) arising out ef or relating te a l=lai!areleus
 nvironfflental Condition, pre•;ieles that suel:i l=lai!ardeus Environrnental Conelition (1) •,yas not sl:iewn or insieatea in the Drawings, Speeifieations, or other Centraet Deeufflents, isentifies as Teehnieal Data entitles to lifflites relianee 13ursuant to Paragra13h S.QG.8, er isentified in the Contract Doeufflents to be inelueles 'INithin the seope ef the '.\!erk, and (2) was net ereatea by Centraeter er l:l•t anyone for whorn Contractor is responsible. Nothing in this Paragra13h S.06.1 shall obligate Owner to indefflnify any insi•,cisual er entity frern and against the eonsequenees of that insivisual's er entity's own negligence.
To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify. defend, and hold harmless lndemnitees Owner ans Engineer, and the offieers, airecters, fflernbers, 13artners, efflple•,•ees, agents, eonsultants, ana subeontraetors ef each and any eftheffl from and against all claims, liabilities, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs} arising out of or relating to the negligent. reckless, or intentionally wrongful failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract.

The provIs1ons of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed at the Site.

ARTICLE 6 - BONDS AND INSURANCE

Performance, Payment, and Other Bonds
Contractor shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor's obligations under the Contract. These bonds shall remain in effect until e-Ae two years (for the performance bond) and one year (for the payment bond) after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.
All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.  !n
addition. each bond shall be on an Owner-approved form and the payment bond shall contain the following language: "This Bond is hereby amended so that the provisions and limitations of Section 255.05, Florida Statutes, are incorporated by reference herein."
Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.
If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.
If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16.
Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.
Insurance-General Provisions
Owner and Contractor shall obtain and maintain insurance as required in this Article and in the Supplementary Conditions.

All insurance required by the Contract to be purchased and maintained by Owner or Contractor shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better.
C. •• Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.
Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party's obligation to obtain and maintain such insurance.
If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.
If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16.
Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.
Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests.
The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract.

The fact that an entity or individual is named as an additional insured on a particular insurance policy required under this Contract is not intended to constitute a waiver of any rights of any kind. including subrogation rights. claims for indemnification or any other rights or claims.
Contractor's Insurance
Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for:
claims under workers' compensation, disability benefits, and other similar employee benefit acts.
United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable).
claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states).
i;:oreign ,.,011:1ntary worker compensation (if applicasle).
Commercial General Liability-Claims Covered: Contractor shall purchase and maintain minimum of $2 million in commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:
claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees.
claims for damages insured by reasonably available personal injury liability coverage.
claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.
Commercial General Liability-Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:
Products and completed operations coverage:
Such insurance shall be maintained for three years after final payment.
Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.
Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph 7.18.
Broad form property damage coverage.
Severability of interest.
Underground, explosion, and collapse coverage.
Personal injury coverage.

Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.
For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured-Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent.
Automobile liability: Contractor shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.
Umbrella or excess liability: Contractor shall purchase and maintain a minimum of $3 million umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.
Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion.
Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, staff, supervisors, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.
l=I. CenE>"'fleter's ,arefessiene! !iebi.'it)' ins1:1renee: If CoRtFaetor will J3Fovide or fuFRisl:t 13rofessi0Ral sen.·iees  uRder tl:tis Centraet, tl:trougl:t a delegatioR of 13rofessi0Ral desigR serviees or otl:terwise, tl:teR CoRtraetor sl:tall Be res130RsiBle for purel:tasing anel Ff!aiRtaiRiRg a1313lieaBle J3FOfessional liability iRsuraREC. Tl:tis iRSUFaFl€C sl:tall J3FOVide  J3roteetioR agaiRst Elaims arisiRg out of 13erformaRee of J3rofessi0Ral desigR or related serviees, aRd eaused b•; a RegligeRt error, oFflission, or aet for wl:tiel:t tl:te iRsurea J3arty is legally liable. It sl:tall be FflaiRtaiRed tl:tFOugl:tout tl:te duratioR of tl:te CeRtraet aRd for a FfliRimum of two years after Substantial ComJ3letioR. If suel:t J3rofessi0Ral design ser.<iees are J3erforrned b•t a SuBeoRtraetor, aRd Rot B'( CoRtraetor itself, tl:teR tl:te reeiuiremeRts of tl=tis  J3aragra131:t  ma•, Be satisfieel tl=trougl:t tl:te 13urel:tasiRg aRd FRaiRteRaRec of suel:t iRsuranec by suel:t SubeoRtraetor.
General provisions: The policies of insurance required by this Paragraph 6.03 shall:
include at least the specific coverages provided in this Article.
be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.
remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.
be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.
J.  The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.
Owner's Liability Insurance
In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.
Owner's liability policies, if any, operate separately and independently from policies required to be provided by Contractor, and Contractor cannot rely upon Owner's liability policies for any of Contractor's obligations to the Owner, Engineer, or third parties.

• der's Risk: Unless otherwise provided in the Supplementary Conditions, Cont

purcha   nd maintain builder's risk insurance upon the Work on a compl   value basis, in the amou  f the full insurable replacement cost thereof (subje  o such deductible amounts as may rovided in the Supplementary Conditions required by Laws and Regulations). This insur  e shall:

include t members staff con

d Contract

officers  directors  su ervisors

required by the S	under such builder's risk policy,
as insureds or named insu	mainder of this Paragraph 6.05,
Paragraphs 6.06 and	pplementary Conditions, the
parties required t	d shall collectively 
be written on a  1lder's risk "all risk" policy form that sh  at least include insurance for physical s or damage to the Work, temporary buildings, lsework, and materials and equ· nent in transit, and shall insure against at least the follo ·ng perils or causes of I  : fire; lightning; windstorm; riot; civil commotion; terrorism;  ehicle impact;

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construrtion Contrart.

craft; smoke; theft; vandalism and malicious mischief; mechanical brea  own, boiler

explosion, and artificially generated electric current; earthquake; volcanic activity,		d other earth movement; flood; collapse; explosion; debris removal; demo• ion casioned by enforcement of Laws and Regulations; water damage (other th	 that cau ed by flood}; and such other perils or causes of loss as may be specifically	quired by th	Supplementary Conditions. If insurance against mechanical breakdo n, boiler explosio	and artificially generated electric current; earthquake; volcanic ttivity, and other eart		movement; or flood, are not commercially available under uilder's risk policies, bye dorsement or otherwise, such insurance may be provide through other
insurance poli ·es acceptable to Owner and Contractor.
cover, as insure property, at least the following: (a} the Wor and all materials, supplies, machine  apparatus, equipment, fixtures, and other property of a similar
nature that are to e incorporated into or used in the eparation, fabrication,  or completion of the Work, inclu ing Owner-furnished or assigned property; (b} s re parts inventory required with' the scope of the Contract;
and (c} temporary work which are not intended to orm part of the permanent constructed Work but whic are intended to provide orking access to the Site, or to the Work under construction, or which are intended o provide temporary support for the Work under constructio including scaffol ing, form work, fences, shoring, falsework, and temporary struct es.
cover expenses incurred in the repa· or repla  ment of any insured property (including

rs and architects}.

extend to cover damage or loss to ins Site or in a storage location outside th premises of a manufacturer or Suppli r}.

property while in temporary storage at the ite (but not including property stored at the

B.		ce of Cancellation or Change: All the policies of insurance (and the certificat s or other idence thereof) required to be purchased and maintained in accordance
aragraph 6.05 will contain a provision or endorsement that the coverage afforded be canceled or materially changed or renewal refused until at least 10 days prior

allow for partial occupation	Owner, such that those portions of
the Work that are not yet o	ner shall remain covered by the builder's risk insurance.

9.	provide primary cover, ge for all losses and damages ca loss covered.
10.

include an ex	ption for ensuing losses from physical damag or loss with respect to any defectiv workmanship, design, or materials exclusions.
include	rformance/hot testing and start-up.

	intained in effect, subject to the provisions herein rega  ing Substantial letion and partial occupancy or use of the Work by Owner, u  ii the Work is
plete.

uch written

notice has been given to the purchasing policyholder. Within three days of receipt of notice, the purchasing policyholder shall provide a copy of the notice	each

e.oe

: The purchaser of any required builder's risk or property ins d because of the application of a policy deductible.

	se by Owner: If Owner will occupy or u a portion or portions of the Work prior to Substanti Completion of all the Work as ovided in Paragraph 15.04, then Owner (directly, if it is the p chaser of the builder' sk policy, or through Contractor) will provide notice of such oc	or use	builder's risk insurer. The builder's risk insurance shall not be canceled or			e on account of any such partial use or
occupancy; rather, those portions	e occupied or used by Owner may come
off the builder's risk policy,  •	the  Work not yet occupied or used by
Owner shall remain covere 
Additional Insurance: If C  ractor elects to obtain  er special insurance to be included in or supplement the bu· er's risk or property insurance p "cies provided under this Paragraph 6.05, it may dos  Contractor's expense.

Insurance Other Property: If the express insurance provisio of the Contract do not require r address the insurance of a property item or interest, sue as tools, construction equ· ment, or other personal property owned by Contractor, a S  contractor, or an
ployee of Contractor or a Subcontractor, then the entity or individ property item will be responsible for deciding whether to insure it, and if so in
l'Jeiver a{ Ri§hts
All policies p1:1rchased iA accordaAce with Paragraph e.OS, expressl•t iAcl1:1diAg the  b1,1ilder's risk polic11, sl'tall coAtaiA 13ro1.«isi0As to  tl'te effect tl'tat iA the e¥eAt of paymeAt of aA•t loss or damage tl'te iAs1:1rers  will l'ta¥e AO  rigl'tts of reco..«ery agaiAst aA'/ iAs1:1reds  tl'tere1:1Ader, or agaiAst fAgiAeer or its coRs1:1ltaRts,  or  tl'teir officers, directors, A'lembers, 13artAers,
emplo1•ees, ageAts, coRs1:1ltaRts, or s1:1bc0Atractors. 01.YRer aAd CoRtractor wah•e all rights agaiRst each other aAd the res13ecti¥e officers, directors, members, 13artRers, eA'l13loyees, ageAts, coAs1:1ltaAts, a Ad s1:1bc0Atractors of each a Ad aAy of them, for all losses aRd damages
ca1,1sed b•t, arisiAg 01:1t  of,  or res1:1ltiAg from aRy of the 13erils or ca1:1ses of  loss co¥ered by s1:1ch 13olicies aAel aAy other 13ro13ert·1 iRs1:1raRce ap13licable to the 'Nori(; aAd, iA additioA, waiYe all s1:1ch  rights agaiRst AgiAeer, its coAs1:1ltaRts, all S1:1bc0Rtractors, all iReli¥id1:1als or eRtities ideRtified iR the S1,1p13lemeAtary CoAditioAs as iRs1:1reels, aRel the  officers, directors, members, 13artRers, em13lo•1ees, ageAts, coAs1:1ltaRts, aRd s1:1bc0Atractors of each aAel aR ' of them, 1:1Aeler  s1:1ch  13olicies for losses aRd damages so ca1:1seel.  NoRe of tl'te abo¥e wai•.«ers shall e>EteAd to  the  rights that aR'( 13arty malEiRg s1:1ch wai¥er may l:la¥e to the 13roceeds of iRs1:1raAce l'teld b•t Ovmer or CoAtractor as tn:1stee or fieluciary, or othervt'ise 13ayable 1:1Rder aAy 13olicy so iss1:1eel.
OwRer wai¥es all rights agaiAst CoRtractor, S1:1bc0Atractors, aRel fAgiAeer, aAel t"1e officers, elirectors, meA'lbers, 13artRers, em13lo•1ees, ageRts, coAs1:1ltaAts aRd s1:1bc0Atractors of each aRel aAy of them, for:
loss el1:1e  to  b1:1siRess  iRterr1:113tioA, loss of 1:1se,  or other coAseq1:1eRtial loss e>EteRdiAg beyoRel direct 13h11sical loss or elamage to O\\'Rer's 13ro13ert•1 or  tl:1e Work ca1:1sed  b•t,

arisiRg out of, or res1:1ltiAg from fire or otl:ier 13erils whether or Rot iAs1:1reel  e•r 01NRer;
aRa
loss or elamage to the completeel Project or part tl:iereof causeel B'J', arisiRg 01:1t  of,  or resultiAg from fire or otl:ier iRsureel peril or cause of loss co•,ereel ey aRy property iRsuraRce maiRtaiReel OR tl:ie completes Preject or part tl:iereof by OwRer euriRg 13artial occu13aRey or use pursuaRt to Paragra131:l 1s.oq, after SubstaRtial CompletioR 131:1rs1:1aRt to  Paragrapl:i 15.03, or after fiRal paymeRt pursuaRt to Paragrapl:! 15.06.
Am; iAs1:1raAce policy FAaiRtaiAed b·t OwAer ceveriAg aRy less, elafAage or ceRsequeRtial loss referreel to iR Paragrapl:! 6.06.8 sl:!all ceRtaiR pre1,isi0As to tt-le effect tl:iat iA tl:!e e1,eRt of pa'f'FAeRt of aAy sucl:! less, eaFAage, or ceAseq1:1eRtial loss, tl:!e iAsurers will 1:iave AO rigl:!ts of reco\lery agaiAst CeRtractor, SueceAtractors, or ERgiReer, or tl:ie officers, elirectors, R'lefAeers, partAeFS, e!'Aployees, ageRts, ceASYltaRts, or sYbcoRtractoFS of eacl:i aAel aA'J'  of

CeRtractor sl:!all ee respoRsiele fer assuriRg tl:iat tl:!e agreeFReAt uRder wl:!icl:i a SuecoRtractor perforFRs a pertioA of tl:ie \&i/erk coAtains pro•,isions wl:!ereey tl:ie Subcontractor wai'.'es all rigl:its against Owner, Contractor, all ineli•,ieluals or entities identifieel in tl:ie SuppleFReAtary
Conelitions as insureels, Hie EAgineer and its consultants, anel tl:!e officers, elirectors, FRen-:ilaers, 13artAers, ern13lo1rees, agents, cons1:1ltants, and s1:1econtractors of each anel any of
theR'l, for all lesses anel elaFAages ca1:1seel e·t, arising 01:1t  of,  relatiAg to, or resultiAg from any
of the 13erils er causes of loss co'.'ereel e·t e1:1ilder's risk ins1:1rance aAel aA•,' otl:!er 13ro13erty ins1:1rance applicaele to tf:te Work.

Receipt and Application of Property Insurance Proceeds
ny insured loss under the builder's risk and other policies of insurance re	by Para	h 6.05 will be adjusted and settled with the named insured that  policy. Suen	ed insured shall act as fiduciary for the other insure  ,  nd give notice to
such other insure	at adjustment and settlement of a clai •	rn progress. Any other insured may state its posI•	regarding a claim for insured	sin writing within 15 days after
notice of such claim.	
8.	e payable by the insurer either jointly to
multiple insureds, or to the named ins	purchased the policy in its own right and as fiduciary for other insureds, subj   o the requir  ents of any applicable mortgage clause. A named insured receiving i  ranee proceeds under   builder's risk and other policies of
agraph 6.05 shall distribute such p eeds in accordance with such agreement as th  arties in interest may reach, or as otherwise   uired under the dispute
visions of this Contract or applicable Laws and Regulati

C.		ther special agreement is reached, the damaged Work shall be repai	or replaced, e money so received applied on account thereof, and the Work and the c  t thereof
covered by Change Order, if needed.

ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence
Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary

to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.
At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.
Labor; Working Hours
Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.
Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday. Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld.
The Contractor shall be responsible, whether previously scheduled or not. for the payment of Owner's cost of overtime inspection outside of the working hours described above. The Contractor will be required to pay for overtime inspection services on unscheduled work, work which is delayed by the Contractor's suppliers or subcontractors and any other work performed for the convenience of the Contractor as he deems necessary to meet the schedule.
Services, Materials, and Equipment
Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.
8.  All materials and equipment incorporated into the Work shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.
"Or Equals"
Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is

followed by words reading that no like, equivalent, or "or equal11 item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.
If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal11 item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:
in the exercise of reasonable judgment Engineer determines that:
it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;
it has a proven record of performance and availability of responsive service; and
it is not objectionable to Owner.
Contractor certifies that, if approved and incorporated into the Work:
there will be no increase in cost to the Owner or increase in Contract Times; and
it will conform substantially to the detailed requirements of the item named in the Contract Documents.
Contractor1s Expense: Contractor shall provide all data in support of any proposed "or equal11 item at Contractor1s expense.
Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each "or-equal11 request. Engineer may require Contractor to furnish additional data about the proposed "or-equal11 item. Engineer will be the sole judge of acceptability. No "or-equal11 item will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal11, which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination.
Effect of Engineer's Determination: Neither approval nor denial of an "or-equal11 request shall result in any change in Contract Price. The Engineer's denial of an "or-equal11 request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.
Treatment as a Substitution Request: If Engineer determines that an item of material or equipment proposed by Contractor does not qualify as an "or-equal11 item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph 7.05.

Substitutes
Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.
Contractor shall submit sufficient information as provided below to allow Engineer to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitute therefor. Engineer will not accept requests for review of proposed substitute items of material or equipment from anyone other than Contractor.
The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.
Contractor shall make written application to Engineer for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:
shall certify that the proposed substitute item will:
perform adequately the functions and achieve the results called for by the general design,
be similar in substance to that specified, and
be suited to the same use as that specified.
will state:
the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times,
whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and
whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.
will identify:
all variations of the proposed substitute item from that specified, and
available engineering, sales, maintenance, repair, and replacement services.
shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each substitute request, and to obtain comments and direction from Owner. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until Engineer's review is complete and Engineer determines that the proposed item is an acceptable substitute. Engineer's determination will be evidenced by a Field Order or a proposed Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Times. Engineer will advise Contractor in writing of any negative determination.
Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute.
Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a substitute proposed or submitted by Contractor. Whether or not Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.
Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense.
Effect of Engineer's Determination: If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.
Concerning Subcontractors, Suppliers, and Others
Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.
Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.
Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against which Contractor has reasonable objection.
Prior to entry into any binding subcontract or purchase order, Contractor shall submit to Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.
Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require

a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.
If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement.
No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.
On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors and Suppliers having a direct contract with Contractor, and of all other Subcontractors and Suppliers known to Contractor at the time of submittal.
Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions.
Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.
Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.
The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.
All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer.
Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

Nothing in the Contract Documents:
shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier, or other individual or entity; nor
shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.
Patent Fees and Royalties
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
8. To the f1:1llest e*teRt peFmitted 1:>•t  la•Ns aRd Reg1:1lati0Rs, 01NRer shall iRdemRiP( aRd hold harA1less CoRtractor, aml its offieeFs, airectors, A1eA11:lers,  partRers, eR'lployees, ageRts, eoRs1:1ltaRts, aRa s1:11:lc0Rtraetors from aRa agaiRst all claiR'ls, costs, losses, ana damages (ineluaiRg b1:1t  Rot liA1itea to all fees aRd charges of eRgiReers, arehitects, attorReys, aRd other professionals, anel all co1:1rt or arbitration or other dispute resolution eosts) arisiRg 01:1t of or relating to an·t infriRgeA1ent of pateRt rights or copyrights iRcielent to the 1:1se  iR the perforA1ance of the Work or res1:1lting froA1 the iReorporatioR iR the 'Nork of aR•f iR>Jention, aesign, proeess, proauct, or ele\•iee specifieel iR tl:ie Contraet Doc1:1meRts, e1:1t  Rot iaentified as being subject to payment of an·t lieense foe or royalty to etl:iers req1:1ired 01;  pateRt rights or eo13yrights.
C.  To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, defend. and hold harmless lndemnitees Owner aRd  ngineer, aRd the offieers, directors, R1eFRl:lers, partners, eR1ployees, ageRts, cons1:1ltants aRd s1:1eeontractors of eaeh aRd aRy of tl:ieA1 from and against all claims, liabilities, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, provided however that such infringement is caused by the negligent, reckless, or intentionally wrongful actions of the Contractor or those for which Contractor is responsible.
Permits
Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated

Ou'f-6
contract). O·,•.mer  GoA FiilGt0f shall pay all charges of utility owners for connections for
providing permanent service to the Work.
Taxes
	Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.
Laws and Regulations
Contractor shall give all notices required by and shall comply with all Laws and Regulations, applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations.
If Contractor or those for which Contractor is responsible negligently. recklessly. or intentionally and wrongfully performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and losses, and shall indemnify, defend, and hold harmless lndemnitees OwAer and EAgiAeer, aAd die officers, directors, rnerneers, i:>artAers, ernJ3loyees, ageAts, eons1::1ltants, and s1::1eeontractors of eael::i  aAd an'( of tl::iern from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It sl::iall net ee Centraeter's resi:>ensieility to make certain tl::iat tl=le Work deserieed in tl=le Centraet Q0c1::1rnents is in accordance v.'ith Laws and Reg1::1lati0ns,  e1::1t  this sl::iall  net relie¥e CentFacter of Contractor's eeligatiens 1::1Ader Paragrai:>h 3.Q3.
Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.
Record Documents
Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. These record documents, together with all approved Samples, will be available to Engineer for reference. Upon completion of the Work, Contractor shall deliver these record documents to Engineer.
Safety and Protection
Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve

Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
all persons on the Site or who may be affected by the Work;
all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and
other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.
8. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. Among other requirements, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards.
Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work.
Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety program with which Owner's and Engineer's employees and representatives must comply while at the Site.
All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).
Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract.

Safety Representative
Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.
Emergencies
In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.
Shop Drawings, Samples, and Other Submittals
Shop Drawing and Sample Submittal Requirements:
Before submitting a Shop Drawing or Sample, Contractor shall have:
reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;
determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;
determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and
determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.
Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review ofthat submittal, and that Contractor approves the submittal.
With each submittal, Contractor shall give Engineer specific written notice of any variations that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be set forth in a written communication separate from the Shop Drawings or Sample submittal; and, in addition, in the case of Shop Drawings by a specific notation made on each Shop Drawing submitted to Engineer for review and approval of each such variation.

EJCDC® C-700 (Rev. I), Standard General Conditions oftbe Construction Contract.

Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.
Shop Drawings:
Contractor shall submit the number of copies required in the Specifications.
Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.
Samples:
Contractor shall submit the number of Samples required in the Specifications.
Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 7.16.D.
Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer's review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.
Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.
Engineer's Review:
Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
Engineer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto.
Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.
Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

document any such approved variation from the requirements of the Contract Documents in a Field Order.
Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.
Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.
Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample, or other submittal shall result in such item becoming a Contract Document.
Contractor shall perform the Work in compliance with the requirements and commitments set forth in approved Shop Drawings and Samples, subject to the provisions of Paragraph 7.16.D.4.
Resubmittal Procedures:
Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.
Contractor shall furnish required submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.
If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.
Contractor's General Warranty and Guarantee
Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee.
Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
normal wear and tear under normal usage.
Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work

EJCDC® C-700 (Rtv. ]), Standard General Conditions oftbe Construction Contract.

that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents:
observations by Engineer;
recommendation by Engineer or payment by Owner of any progress or final payment;
the issuance of a certificate of Substa.ntial Completion by Engineer or any payment related thereto by Owner;
use or occupancy of the Work or any part thereof by Owner;
any review and approval of a Shop Drawing or Sample submittal;
the issuance of a notice of acceptability by Engineer (or other similar acceptance by Owner);
any inspection, test, or approval by others; or
any correction of defective Work by Owner.
If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract.
Contractor shall assign to Owner all warranties extended to Contractor by material suppliers and subcontractors. If an assignment of warranty requires the material supplier or subcontractor to consent to same, then Contractor shall secure the material supplier's or subcontractor's consent to assign said warranties to Owner.
The warranties provided in this section shall be in addition to and not in limitation of any other warranty or remedy required by law.
7.18   Indemnification
Te the f1,1llest  m<teAt perFAittea av Laws aAEl  Reg1,1latieAs, aAEl  iR  aaaitieA to aR'( ether ealigatieRs of CeAtractor 1,1Aaer  the CeAtraet er etherwise, CeAtracter shall iAaen'IRify aREl hela harmless OwAer aAEl eRgiReer, aREl the effieers, Elireeters, FAeFAaers,  partRers, efflple•;ees, ageRts, eeRs1,1ltaRts aRel s1,1aeeRtracters ef each aRel aR'( eftt:iem frem aRel agaiRst all elaiFAs, cests, lesses, aRel elaFAages (iRch:ieliRg a1,1t  Ret liFAiteel te all fees aREl  charges ef eRgiReers, arel:iitects, atterRe1,1s, aRel etl:ier i,,refessieRals aREl all ee1,1rt  er araitratieR er etl:ier dispute resel1,1tieR eests) arisiRg eut ef er relatiRg te the perferFRaRce ef the Work, wo•,ielea that aR',' s1:1ek  elaifA, cost, loss, or elaFRage is attria1,1taale to aoelil',' iRj1:1ry, sielmess, Elisease, or eleatl:i, er te iRj1:1ry  to  or destruetioR of taRgiale preperty (other thaR the Work itself),
iRel1,1eliRg  tl:ie loss ef 1:1se  res1:1ltiRg tl:ierefroFR aut 0Rl11• to  tl:ie e1EteRt ca1:1seel  av aR',' RegligeRt act or omissioR of CoRtraetor, aR'( SuacoRtractor, aR'( S1:1pplier, or aR'f iRdivielual er eRtit•t elireetl•1 or iAElireetly eFRplo•;ea 01;  aR',' ef tReFR to  perforFR aR'( ef the Work or aR,'ORe for 
wl:iose acts aR',' of tReFR ma•; 13e  liable.
To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify, hold harmless, and defend Owner, Engineer, WYN Investors, LLC, and their respective members, parents, partners, subsidiaries, affiliates, officers, directors, supervisors, staff, consultants, agents, subcontractors and employees of each and any of all of the foregoing entities and

individuals (together, "lndemnitees") from all claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused, in part or in whole, by the negligence. recklessness, or intentionally wrongful misconduct of the Contractor, or any Subcontractor, any Supplier. or any individual or entity directly or indirectly employed or used by any of them to perform any of the Work. To the extent required by Florida law to make the provisions of any indemnification, defense or hold harmless provision of this Contract enforceable (and otherwise this sentence does not apply), such indemnification, hold harmless and defense obligation shall not exceed $10,000,000.00, the amount of which bears a reasonable commercial relationship to the Contract and was part of the project specifications or bid documents. In the event that any indemnification, defense or hold harmless provision of this Contract is determined to be unenforceable, the provision shall be reformed to give the provision the maximum effect allowed by Florida law and for the benefit of the lndemnitees. The Contractor shall ensure that any and all Subcontractors, and Suppliers, include this express paragraph for the benefit of the lndemnitees.
In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.
The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:
the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or
giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.
7.19  Delegation of Professional Design Services
Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable Laws and Regulations.
If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such

professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer.
Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.
Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7.16.D.l.
Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 - OTHER WORK AT THE SITE

Other Work
In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.
If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.
Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of Engineer and the others whose work will be affected.
If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work.

Coordination
If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work:
the identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;
an itemization of the specific matters to be covered by such authority and responsibility; and
the extent of such authority and responsibilities.
Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.
Legal Relationships
If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.
8. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.
When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In

response to such damage, delay, disruption; or interference, Owner may impose a set-off against payments due to Contractor.
If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1} promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnifyL defend. and hold harmless lndemnitees O1,\'Rer aRe  RgiReer, aRe tl=le officers, eirectors, FReFReers, l'JartRers, eFRl'Jle11ees, ageRts, coRsijltaRts aRe SijBCORtractors of eacl:i aRa aRy of #teffi from and against any such claims, and against all costs, liabilities. losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference, provided however that the damage, delay, disruption or interference is caused in part or in whole by the negligent, reckless or intentionally wrongful misconduct of Contractor, or those for which Contractor is responsible.

ARTICLE 9- OWNER'S RESPONSIBILITIES

Communications to Contractor
Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer.
Replacement of Engineer
Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor makes no reasonable objection to the replacement engineer. The replacement engineer's status under the Contract Documents shall be that of the former Engineer.
Furnish Data
Owner shall promptly furnish the data required of Owner under the Contract Documents.
Pay When Due
Owner shall make payments to Contractor when they are due as provided in the Agreement.
Lands and Easements; Reports, Tests, and Drawings
Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01.
Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03.
Article 5 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at the Site.

Insurance
Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.
Change Orders
Owner's responsibilities with respect to Change Orders are set forth in Article 11.
Inspections, Tests, and Approvals
Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 14.02.B.
Limitations on Owner's Responsibilities
The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents.
Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.
Evidence of Financial Arrangements
Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents (including obligations under proposed changes in the Work).
Safety Programs
While at the Site, Owner's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which Owner has been informed.
Owner shall furnish copies of any applicable Owner safety programs to Contractor.

ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION

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

make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.
Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.
Project Representative
If Owner and Engineer have agreed that Engineer will furnish a Resident Project Representative to represent Engineer at the Site and assist Engineer in observing the progress and quality of the Work, then the authority and responsibilities of any such Resident Project Representative will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.
Rejecting Defective Work
Engineer has the authority to reject Work in accordance with Article 14.
Shop Drawings, Change Orders and Payments
Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.
Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.
Engineer's authority as to Change Orders is set forth in Article 11.
Engineer's authority as to Applications for Payment is set forth in Article 15.
Determinations for Unit Price Work
Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03.
Decisions on Requirements of Contract Documents and Acceptability of Work
Engineer will render decisions regarding the requirements of the Contract Documents, and judge the acceptability of the Work, pursuant to the specific procedures set forth herein for initial interpretations, Change Proposals, and acceptance of the Work. In rendering such decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will not be liable to Owner, Contractor, or others in connection with any proceedings, interpretations, decisions, or judgments conducted or rendered in good faith.

Limitations on Engineer's Authority and Responsibilities
Neither Engineer's authority or responsibility under this Article 10 or under any other provision of the Contract, nor any decision made by Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.
8. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.
Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 15.06.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals, that the results certified indicate compliance with the Contract Documents.
The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also apply to the Resident Project Representative, if any.
Compliance with Safety Program
While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs (if any} of which Engineer has been informed.

ARTICLE 11-  AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

Amending and Supplementing Contract Documents
The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.
Change Orders:
If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.
Owner and Contractor may amend those terms and conditions of the Contract Documents that do not involve (l} the performance or acceptability of the Work, (2} the design (as set forth in the Drawings, Specifications, or otherwise}, or (3}

other engineering or technical matters, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.
Work Change Directives: A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.
Field Orders: Engineer may authorize minor changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.
Owner-Authorized Changes in the Work
Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations.
Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents, as amended, modified, or supplemented, except in the case of an emergency as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph 14.05.

Change of Contract Price
The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.
An adjustment in the Contract Price will be determined as follows:
where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 13.03); or
where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or
where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 11.04.C).
Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be determined as follows:
a mutually acceptable fixed fee; or
if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:
for costs incurred under Paragraphs 13.01.B.l and 13.01.B.2, the Contractor's fee shall be 15 percent;
for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five percent;
where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.04.C.2.a and 11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;
no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;
the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.
Change of Contract Times
The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.
An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress.
Change Proposals
Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.
Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.
Engineer's Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.
Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.
Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes offurther resolution of such a Change

Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.
Execution of Change Orders
Owner and Contractor shall execute appropriate Change Orders covering:
changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;
changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off;
changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and
changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Paragraph 11.06, or Article 12.
8. If Owner or Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.
Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 12 - CLAIMS

Claims
Claims Process: The following disputes between Owner and Contractor shall be submitted to the Claims process set forth in this Article:
Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals;
Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; and
Disputes that Engineer has been unable to address because they do not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters.
Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision

under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.
Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full consideration to its merits. The two parties shall seek to resolve the Claim through the exchange of information and direct negotiations. The parties may extend the time for resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in writing and submitted to the other party, with a copy to Engineer.
Mediation:
At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate shall stay the Claim submittal and response process.
If Owner and Contractor agree to mediation, then after 60 days from such agreement, either Owner or Contractor may unilaterally terminate the mediation process, and the Claim submittal and decision process shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.
Owner and Contractor shall each pay one-half of the mediator's fees and costs.
Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action shall be final and binding unless within 30 days of such action the other party invokes the procedure set forth in Article 17 for final resolution of disputes.
Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the Claim within 90 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of the inaction, the Claim is deemed denied, thereby commencing the time for appeal of the denial. A denial of the Claim shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.
Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a Claim is approved in part and denied in part, or denied in full, and such actions become final and binding; then the results of the agreement or action on the Claim shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

ARTICLE 13 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

Cost of the Work
Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 13.01 are used fer twe elistinct p1upeses:
Te eletermine Gest ef tl:ie ¥.'erk wl:len Gest ef the Werk is a cempenent ef tl:le Gentraet Price, 1:1neler  east plus foe, tiA'le anel A'laterials, er etl:ler east baseel terA'ls; er
To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment.
Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:
Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.
Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.
Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01.

Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.
Supplemental costs including the following:
The 13ro13ertien ef neeessary transpertatien, tra,.•el, and s1:113sistenee  expenses ef Contraetor's ernplo'tees ine1:1rred in  diseharge of d1:1ties eenneeted with the Werle
Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.
Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.
Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations.
Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.
Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of prQperty insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee.
The cost of utilities, fuel, and sanitary facilities at the Site.
Minor expenses s1:1eh  as eornR11:1nieatien serviee at tl'le Site, express and courier serviees, and siR1ilar r:iett',' eash iterns in cennectien 'A•ith the 1Nerk.
The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.
Costs Excluded: The term Cost of the Work shall not include any of the following items:
Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting

agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee.
Expenses of Contractor's principal and branch offices other than Contractor's office at the Site.
Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.
Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.
Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 13.01.B.
Contractor's Fee: \6/l"leR  tl"le Work as a wl"lole is 19erforFRed  oR  tl"le basis of east plus, CoRtraetor's fee sl:!all be deterFRiRed as set fortR iR tl:!e P,greeFReRt. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C.
Documentation: Whenever th Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.
Allowances
It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Engineer.
Cash Allowances: Contractor agrees that:
the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and
Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.
Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract.

Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.
Unit Price Work
Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.
The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work will be based on actual quantities.
Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item.
Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). Engineer's written decision thereon will be final and binding (except as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of the following paragraph.
Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:
the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;
there is no corresponding adjustment with respect to any other item of Work; and
Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

ARTICLE 14 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

Access to Work
Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable.

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

Tests, Inspections, and Approvals
Contractor shall give Engineer timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.
Owner shall retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform all inspections and tests expressly required by the Contract Documents to be furnished and paid for by Owner, except that costs incurred in connection with tests or inspections of covered Work shall be governed by the provisions of Paragraph 14.05.
If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.
Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required:
by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;
to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work;
by manufacturers of equipment furnished under the Contract Documents;
for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and
for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.
If the Contract Documents require the Work (or part thereof) to be approved by Owner, Engineer, or another designated individual or entity, then Contractor shall assume full responsibility for arranging and obtaining such approvals.
If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.
Defective Work
Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective.
Engineer's Authority: Engineer has the authority to determine whether Work is defective, and to reject defective Work.

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract.

Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor.
Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if Engineer has rejected the defective Work, remove it from the Project and replace it with Work that is not defective.
Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work.
Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Owner by governmental authorities because the Work is defective, and the costs of repair or replacement of work of others resulting from defective Work. Prior to final payment, if Owner and Contractor are unable to agree as to the measure of such claims, costs, losses, and damages resulting from defective Work, then Owner may impose a reasonable set-off against payments due under Article 15.
Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final payment, to Engineer's confirmation that such acceptance is in general accord with the design intent and applicable engineering principles, and will not endanger public safety). Contractor shall pay all claims, costs, losses, and damages attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be approved by Engineer as to reasonableness), and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the necessary revisions in the Contract Documents with respect to the Work shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable set-off against payments due under Article 15. If the acceptance of defective Work occurs after final payment, Contractor shall pay an appropriate amount to Owner.
Uncovering Work
Engineer has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.
If any Work is covered contrary to the written request of Engineer, then Contractor shall, if requested by Engineer, uncover such Work for Engineer's observation, and then replace the covering, all at Contractor's expense.
If Engineer considers it necessary or advisable that covered Work be observed by Engineer or inspected or tested by others, then Contractor, at Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Engineer may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.

EJCDC® C-700 {Rev. 1), Standard General Conditions of the Construction Contract.

If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and pending Contractor's full discharge of this responsibility the Owner shall be entitled to impose a reasonable set-off against payments due under Article 15.
If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.
Owner May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.
Owner May Correct Defective Work
If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.
In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable Owner to exercise the rights and remedies under this paragraph.
All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-offs against payments due under Article 15. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this Paragraph 14.07.

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

ARTICLE 15 - PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD

Progress Payments
Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.
Applications for Payments:
At least 20 days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is reE11:1estes  on tl=te 13asis  of A'laterials am:l eE11:1ipA'lent not incorporates in tl=te Work 131:1t  seliveres ans s1:1ital31•t stores at tl=te Site or at anotl=ter location agrees to in •Nriting, tl=te Application for PayA'lent sl=tall also 13e  accoR1panies 13•,  a 13ill  of sale, in•.,oice, or otl=ter soc1:1FAentation warranting tl=tat Owner l=tas  receives tl=te R1aterials ans eE11:1ipR1ent  free ans clear of all Liens, aRs evisence tl=tat tl=te  R1aterials ans eE11:1ipR1ent  are co•t'eres lay apprepriate proi;ierty iRs1::1rance,  a 111arel=to1:1se  13ons, or otl=ter arrangeRients to protect Owner's interest tl=terein, all of wl=ticl=t  A'll:lst 13e  satisfactory to Owner. Pfegress pavme1,ts 8re-to be made Ofll11 Ofl  installed material. Ao p891.. euts shall be 111ade m,  sto; ed 11,aterial.
-¥t'A8tl:ier en er off site. unless prior writteR .irraRsements are rRase v,•itl:i 9emer.
Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment.
The amount of retainage with respect to progress payments will be as stipulated in the Agreement.
Review of Applications:
Engineer will, within 10 days after receipt of each Application for Payment, including each resubmittal, either indicate in writing a recommendation of payment and present the Application to Owner, or return the Application to Contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.
Engineer's recommendation of any payment requested in an Application for Payment will constitute a representation by Engineer to Owner, based on Engineer's observations of the executed Work as an experienced and qualified design professional, and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief:
the Work has progressed to the point indicated;

the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 13.03, and any other qualifications stated in the recommendation); and
the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is Engineer's responsibility to observe the Work.
By recommending any such payment Engineer will not thereby be deemed to have represented that:
inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract; or
there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
Neither Engineer's review of Contractor's Work for the purposes of recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer:
to supervise, direct, or control the Work, or
for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or
for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or
to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, or
to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.
Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make the representations to Owner stated in Paragraph 15.01.C.2.
Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because:
the Work is defective, requiring correction or replacement;
the Contract Price has been reduced by Change Orders;
Owner has been required to correct defective Work in accordance with Paragraph 14.07, or has accepted defective Work pursuant to Paragraph 14.04;
Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or

Engineer has actual knowledge of the occurrence of any of the events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents.
Payment Becomes Due:
Te A da•1s after 1::1reseRtatioR of the Jl,flfllieatioR for Pa•;meRt to OwRer witl=t  RgiReer's reeoR'lFReRdatioR, tl:ie aR'lo1:1Rt  reeOFRR'leRded {s1:1l::ijeet  to  aRy OwRer set offs} ,.,..m
l::ieeoR'le d1:1e,  aRd wl:ieR d1:1e  will l::ie  1::1aid  1::i•t  OwAer to GoRtraetor. Owner shall make payment to the Contractor in the amount recommended (subject to the provisions of this Contract) in accordance with the prompt payment provisions contained in Sections 218.735 and 218.74, Florida Statutes. Contractor shall make payments due to subcontractors and suppliers within ten (10) days in accordance with the prompt payment provisions contained in Section 218.735(6), 218.735(7), and 218.74, Florida Statutes. Invoices from the Contractor should be directed to the Landowner.
Reductions in Payment by Owner:
In addition to any reductions in payment (set-offs) recommended by Engineer, Owner is entitled to impose a set-off against payment based on any of the following:
claims have been made against Owner on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;
Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;
Contractor has failed to provide and maintain required bonds or insurance;
Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;
Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;
the Work is defective, requiring correction or replacement;
Owner has been required to correct defective Work in accordance with Paragraph
14.07, or has accepted defective Work pursuant to Paragraph 14.04;
the Contract Price has been reduced by Change Orders;
an event that would constitute a default by Contractor and therefore justify a termination for cause has occurred;
liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or final completion of the Work;

Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;
there are other items entitling Owner to a set off against the amount recommended.
If Owner imposes any set-off against payment, whether based on its own knowledge or on the written recommendations of Engineer, Owner will give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action and the specific amount of the reduction, and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.
Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.
Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all Liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.
Substantial Completion
When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Engineer in writing that the entire Work is substantially complete and request that Engineer issue a certificate of Substantial Completion. Contractor shall at the same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.
Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an inspection of the Work to determine the status of completion. If Engineer does not consider the Work substantially complete, Engineer will notify Contractor in writing giving the reasons therefor.
If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially

complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.
At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy ofthe Work following Substantial Completion, review the builder's risk insurance policy with respect to the end of the builder's risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Contractor agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work.
After Substantial Completion the Contractor shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Contractor may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.
Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the punch list.
To the extent this paragraph 15.03 is inconsistent in any way with Florida's Local Government Prompt Payment Act, sections 218.70 - 218.80, Florida Statutes, such Act shall control. and this Contract shall be construed to allow for the maximum amount of time allowable under the Act in order to review any punch lists and make payment.
Partial Use or Occupancy
Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor's performance of the remainder of the Work, subject to the following conditions:
At any time Owner may request in writing that Contractor permit Owner to use or occupy any such part of the Work that Owner believes to be substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A through E for that part of the Work.
At any time Contractor may notify Owner and Engineer in writing that Contractor considers any such part of the Work substantially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request, Owner, Contractor, and Engineer shall make an inspection of that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part of the Work to be substantially complete, the provisions of

Paragraph 15.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.05 regarding builder's risk or other property insurance.
Final Inspection
Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
Final Payment
Application for Payment:
After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents (as provided in Paragraph 7.11), and other documents, Contractor may make application for final payment.
The final Application for Payment shall be accompanied (except as previously delivered) by:
all documentation called for in the Contract Documents;
consent of the surety, if any, to final payment;
satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment.
a list of all disputes that Contractor believes are unsettled; and
complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.
In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (b) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien, or Owner at its option may issue joint checks payable to Contractor and specified Subcontractors and Suppliers.

Engineer's Review of Application and Acceptance:
If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph
15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.
Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the Engineer's written recommendation of final payment.
Payment Becomes Due: Thirty days after the presentation to Owner of the final Application for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.
Waiver of Claims
The making of fin aI payment will not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 15.05, from Contractor's failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from outstanding Claims by Owner, or from Contractor's continuing obligations under the Contract Documents.
8. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted or appealed under the provisions of Article 17.
Correction Period
If within aA-etwo year§. after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions:

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

correct the defective repairs to the Site or such other adjacent areas;
correct such defective Work;
if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and
satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting therefrom.
8. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).
In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.
Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.
Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION

Owner May Suspend Work
At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.
Owner May Terminate for Cause
The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause:
Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule);

EJCDC® C-700 {Rev. 1), Standard General Conditions of the Construction Contract.

Failure of Contractor to perform or otherwise to comply with a material term of the Contract Documents;
Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or
Contractor's repeated disregard of the authority of Owner or Engineer.
If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the contract, Owner may proceed to:
declare Contractor to be in default, and give Contractor (and any surety) notice that the Contract is terminated; and
enforce the rights available to Owner under any applicable performance bond.
Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.
Owner may not proceed with termination of the Contract under Paragraph 16.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.
If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.
Where Contractor's services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue, or any rights or remedies of Owner against Contractor or any surety under any payment bond or performance bond. Any retention or payment of money due Contractor by Owner will not release Contractor from liability.
If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.
Owner May Terminate For Convenience
A: Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. IA s1:1ch case, ContFactor shall be 13aia for  (i.vitl=lowt aw131icatioA of any items):

caFflpletes ans acceptaele '.Nark eiEecutes in accarsance witf:i tl:ie Cantraet Dacuments prier ta tf:ie effecti1,ie sate af terminatian, inelusing fair ans reasonaele sums for overf:ieas ans profit on sucf:i \&Jerk;
mEpenses sustaines prier ta tf:ie effectii,1e sate ofterFflination in performing services ans furnisf:iing labor, Fflaterials, or eeiuipFflent as reeiuires bv tf:ie Contract Documents in cannection witf:i uncoFflpletes Warl<, plus fair ans reasanable suFfls for  ai,1erf:ieael anel prafit an such e*penses; ans
 -  otf:ier reasanaele e*penses sirectl•t attrieutable to terFflination, indusing costs incurres ta prepare a terFflinatian far can1.ienience cast proposal.
In such case, Owner will pay to Contractor all amounts due and not previously paid to Contractor for Work completed in accordance with the Contract prior to such notice, as well as the cost of reasonably protecting Work in place, and for Work thereafter completed as specified in such notice, as well as release and payment to Contractor of all retainage held by Owner related to the portion of the Work completed. No payments will be made for any potential costs of settling or paying claims arising out of termination of the Work under subcontracts, equipment leases, orders or other related arrangements. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss, or any other consequential damages of any kind, arising out of or resulting from such termination.
Upon any such termination, Contractor shall:
Immediately discontinue Work on the date and to the extent specified in the notice except to the extent necessary to protect Work in place;
Place no further orders for materials, services, or facilities, other than as may be necessary or required for completion of such portion of Work under the Contract that is not terminated;
Promptly make every reasonable effort to obtain cancellation upon terms reasonably satisfactory to Landowner of all purchase orders and Subcontracts to the extent they relate to the performance of Work terminated or assign to Landowner those orders and Subcontracts and revoke agreements specified in such notice;
Reasonably assist Landowner, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by Landowner under the Contract, as may be necessary;
Complete performance of any Work which is not terminated; and
Deliver to Landowner an affidavit regarding the identity of unpaid potential lienors and the amounts due to each.
Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, (1) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (2) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or
(3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the

contract and recover from Owner payment on the same terms as provided in Paragraph
16.03.
In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor's stopping the Work as permitted by this paragraph.

ARTICLE 17 - FINAL RESOLUTION OF DISPUTES

Methods and Procedures
Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this Article:
A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full; and
Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.
Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner or Contractor may:
elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; or
agree with the other party to submit the dispute to another dispute resolution process; or
if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to, give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction.
In the event Owner or Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all fees and costs incurred, including reasonable attorney's fees and costs.

ARTICLE 18 - MISCELLANEOUS

Giving Notice
Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:
delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

EJCDC® C-700 {Rev. 1), Standard General Conditions of the Construction Contract.

delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.
Computation of Times
When any period oftime is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are 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. 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.
Limitation of Damages
With respect to any and all Change Proposals, Claims, disputes subject to final resolution, and other matters at issue, neither Owner nor Engineer, nor any of their supervisors. staff. officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.
No Waiver
A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.
Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.
Controlling Law
This Contract is to be governed by the law of the state in which the Project is located.
Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
Sovereign Immunity
Contractor and Owner agree that nothing in this Contract shall be deemed as a waiver ofthe Owner's sovereign immunity or the Owner's limits of liability as set forth in Section 768.28, Florida Statutes or other statute or law, and nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law.

Public Records
A. Contractor understands and agrees that after assignment to the CDD all documents of any kind provided to the Landowner in connection with this Agreement may be considered public records in accordance with Chapter 119, Florida Statutes, and other Florida law.
Construction Defects
Pursuant to Section 558.005, Florida Statutes, any claims for Construction Defects are NOT subject to the Notice and Cure Provisions of Chapter 558, Florida Statutes.

CYPRESS PARK ESTATE PHASE 2 SUBDMSION  INFRASTRUCTURE
Schedule of Estimated Quantities and Unit Prices Bid Summary

GENERAL CONDITIONS	$	215,896.60	

CLEARING & EARTHWORK	
$	
477,187.66	

PAVING	
$	
1,014,017.07	

STORM DRAINAGE	
$	
507,879.71	

SANITARY SEWER COLLECTION SYSTEM: ......................................_$	4_92..a.,6_4_4_.0_4
WATER DISTRIBUTION SYSTEM:	._$.;	6_72..a.,5_3_3._3_8
RE-USE WATER DISTRIBUTION SYSTEM	$	474,569.11

TOTAL: ....................................................................................._$.;....	3..._,8_5"""'4,: 72_7_.5_7_
TOTAL CALENDAR DAYS TO SUBSTANTIAL COMPLETION: ..........	17-7
TOTAL CALENDAR DAYS TO COMPLETION: . . ... .. . . .. .. . ... .. . . .. .. . .. . .. .	22-2
****DOES NOT INCLUDE MATERIAL PROCUREMENT TIME
The principle items of work and quantities shown herein are approximate only and are furnished solely for the purpose of showing the approximate scope of work to be performed. The Contractor shall examine the site of the work and shall inform himself fully in regard to all conditions pertaining to the place where the work is to be done. It is the Contractor's responsibility to perform his own quantity take-off and shall submit his bid showing the items of all work, unit prices and lump sum price for all work called for in the plans, specifications and contract documents based on his assessment ofthe
omissions in the Contractor's items of work and quantities, and the unit prices shall only be used as a basis of payment to items specifically added or deleted upon change order approved by Owner and Engineer, and as a basis for computing partial pay estimates when called for in the contract.
NOTE: Unit prices for all underground construction shall include all costs necessary to comply with the "TRENCH SAFETY ACT" and conform with all Occupational Safety and Health Administration (OSHA) regulations.

Contractor's Name:
TUCKER PAVING, INC.

Address:
5658 LUCERNE PARK ROAD, WINTER HAVEN

By PATRICK BRAISTED		
(Signature)
Title: EXECUTIVE VICE PRESIDENT	Telephone No.: 863-299-2262
Job No. File Name: Date:

CYPRESS PARK ESTATES 2 ON-SITE GENERAL CONDITIONS

Item
No.	Description	Unit

Contractor's Quantity

Unit Price

Total Amount

$
Compliance with requirements ofFDEP Generic
NPDES Permit	LS	$	6,677.00	
$	6,677.00	
Mobilization	LS	$	32,437.56	  $	32,437.56 	
Performance Bond	LS	$	45,872.07	$	45,872.07	
Warranty Bond	LS		
$	9,376.90  $	9,376.90 	
Maintenance of Traffic (MOT)	LS		$	1,306.05  $	1,306.05 	
Silt Fence	LF	5610	$	1.32  $	7,405.20 	
	Construction Layout	LS	1	$	43,693.97	$	43,693.97	
	Construction As-Builts	LS	I	$	33,825.22	  $	33,825.22 	
	Geotech (CMT)	LS	I	$	31,000.34	$	31,000.34	
	Temporary Construction Entrance	LS		$	4,302.29	$	4,302.29	
					$	
					$	
					$	
					$	
					$	
					$	
					$	
					$	
					$	
					$	
By:	 				TOTAL	$	215,896.60	
Checked: 	 Engineer: 	 

Item

CYPRESS PARK ESTATES 2 CLEARING & EARTHWORK
Contractor's

Unit

Total

No.	Description	Unit

Quantity

Price

Amount

 	

Demolition	LS				

Clearing and Grubbing (DISKING SITE ONLY)	LS Bahia Sod (Side slopes steeper than 5:1) Please supply
unit cost for change order purposes.	SY
Bahia Sod (Side slopes flatter than 5:1) Please supply	SY unit cost for change order purposes.
Seed & Mulch	AC

$	42842.66	$	4,842.66

4472	$	2.91	$	13,013.52

			 $		 140656	$	0.59	$	82,987.04

Unclassified Excavation	EA	1	$2342032.85	$	234,032.85		
Final Grading	LS	1	$ 751651.11	 $	 75,651.11		
Deleterious Soils Removal (if required)	AC		 		
Burried Trash Removal	SY		 		
Off-site Fill (In Place-Compacted) (if required)	CY	5112	 $	13.04 	66,660.48	
On-site Fill (In Place-Compacted) (ifrequired)	CY		 	    		
Detention Pond 11	100	11	(complete)	LS	 		 		
Detention Pond 11	200	11	(complete)	LS	 		 		
Detention Pond 11	300	A&B" (complete)	LS	 		 		
Detention Pond "	400	11	(complete)	LS	 		 		
Detention Pond 11	500	11	(complete)	LS	 		 		
Detention Pond"	600	A&B" (complete)	LS	 		 		
Detention Pond 11	700	A&B11 (complete)	LS	 		 		
Detention Pond"	800	A&B" (complete)	LS	 		 		
Tree Protection (as required)	LS	 		 		
Tree Barricade	LF	 		 		
Swale/Ditch Construction (complete)	LF	 		 		
Type "V" Drainage Swale	LF	 		 		
Outfall Sump	LS	 		 		
Geoweb Spillway	LS	 		 		

		 TOTAL			477,187.66 	

By:
Checked:
Engineer:

CYPRESS PARK ESTATE 2

PAVING	
Item
No.	
Descriution	
Unit	Contractor's
Quanti!!	Unit
Price	Total
Amount	
Signing and Pavement Marking	LS		$		
Saw-Cut & Match Existing Pavement & Remove Curb	LF	100	$	11.15	$	1,115.00		
Mill Existing Pavement	LS					
l" Type Asphalt Overlay (SP- 9.5)	SY					
	2" Asphaltic Surface Course (Type SP-12.5)	SY					
1-1/2" Asphaltic Surface Course (Type SP-9.5)	SY	18318	$	12.20	223,479.60		
l-112: Asphaltic Surface Course (Type SP-12.5)	SY					
1.5" Asphalt Structural Course (Type SP- 9.5)	SY					
	12" Limerock Base Course (LBRl 00)	SY					
611 Limerock Base Course (LBR 100)	SY	18318	$	16.31	298,766.58		
8" Limerock Base Course (LBR 100)	SY					
12" Compacted Subgrade	SY					
12" Stabilized Subgrade	SY	18318	$	7.61	139,399.98		
8" Stabilized Shoulder	SY					
	12" Stabilized Shoulder	SY					
5' Concrete Sidewalk (4" Thick)	LF	1495	$	28.25	42,233.75		
§' Concrete Sidewalk (4" Thick)	LF					
5' Concrete Sidewalk (6" Thick)	LF					
ADA Sidewalk Ramp per FDOT Index (Complete)	EA	18	$	12100.60	19,810.80		
Concrete Miami Curb **	LF	12686	$	20.17	255,876.62		
Concrete Curb and Gutter (Type F) **	LF					
	Concrete Curb (Type D) **	LF					
Concrete Curb (Valley Gutter)**	LF	188	$	30.44	5,722.72		
Concrete Curb (Ribbon)**	LF	15	$	39.25	5SS.7)		
	6" Concrete Pavement	SY					
Dead End Barricade (install)	EA	1	$	880.48	$	880.48		
	Parking Stalls & Wheelstops	LS					
Signing & Striping	LS	1	$  212483.79	$	21,483.79		
5' Concrete Sidewalk (4" Thick) W/THICKENED EDGE	LF	100	$	46.59	$	4,659.00		

TOTAL	$	1,014,017.07

•• All cost tor stabilization under curb shall be included in the unit price tor the curb.

By:
Checked:
Emzineer:

CYPRESS PARK ESTATES 2 STORM DRAINAGE SYSTEM
Item	Contractor's	Unit	Total
No.	Descril!tion	Unit	Quanti!!	Price	Amount

15" ADS-HP	LF	$

18" ADS-HP	LF	2730	$	62.90	$	171,717.00
24" ADS-HP	LF	1294	$	89.08	$	115,269.52
30" ADS-HP	LF
36" ADS-HP	EA
611 PVC	LF
8" PVC	LF
10" PVC	LF
Yard Drain	EA
Type 5 Curb Inlet	EA	22	$  52060.81	111,l 1.82
Type 6 Curb Inlet	EA	4	$ 62192.92	24,771.68 Type V Inlet
Type S Inlet	EA
TypeF  Ditch Bottom Grate Top Inlet	EA
TypeC  Ditch Bottom Grate Top Inlet	EA
TypeD  Ditch Bottom Grate Top Inlet	EA
Type P Manhole	EA	1	$  42216.05	4,216.05
Type J Manhole (5' Diameter)	EA
Type J Manhole (6' Diameter)	EA
Mitered End Section	_J.i_''	EA
Mitered End Section	  l.L"	EA	1	$	853.78	853.78
Pond Clay Core or PVC Liner	LS
Rip Rap (Ponds)	LS
Clean & Video	LS	1	$ 272221.60	27,22I.(io
Type 5 Curb Inlet- PARTIAL	EA	1	$  62502.25	6,502.25
Type 6 Curb Inlet- PARTIAL	EA	6	$  42346.37	26,078.22
J5 Curb Inlet	EA	1	$  82432.02	8,432.02
J6 Curb Inlet	EA	1	$  72496.18	'7,496.18
MANHOLE TOP SLAB	EA	 1	$ 22424.05	2,424.05 Rip Rap - MITERED END SECTION	 LS	1	$  1 559.54	 I,559.54

TOTAL

$	507,879.71

By:
Checked:
Engineer:

CYPRESS PARK ESTATE 2
	ON-SITE SANITARY SEWAGE COLLECTION SYSTEM	
Item	Contractor's	Unit	Total
No.	Descri(!tion	Unit	Quanti!)'.	Price	Amount

8" LATERAL CONNECTION	EACH	5	$	11296.88	$	6,484.40
4"	PVC (O' - 6' Cut)	LF	3813	$	38.49	$	146,762.37
6"	PVC (O' - 6' Cut)	LF	1078	$	39.70	$	4,,,96.60
8"	PVC (O' - 6' Cut)	LF	751	$	41.11	$	'.Hl,87l6I
8"	PVC  (6' - 8' Cut)	LF
8"	PVC (8' - 10' Cut)	LF
8"	PVC (10' - 12' Cut)	LF
8"	PVC (12' - 14' Cut)	LF
8"	PVC (14' - 16' Cut)	LF
8"	PVC (16' - 18' Cut)	LF
8"	PVC (18' - 20' Cut)	LF
10"	PVC (12'-14' Cut)	LF
Standard Manhole (O' - 6' Cut)	EA	15	$	41533.86	68,007.90
Standard Manhole (6' - 8' Cut)	EA	2	$	5)83.92	10,J67.S4
Standard Manhole (8' - 10' Cut)	 EA	1	$	51931.33	5,93I.3J Standard Manhole (1O' - 12' Cut)	EA
Standard Manhole (12' - 14' Cut)	EA
Standard Manhole (14' - 16' Cut)	EA
Standard Manhole (16' - 18' Cut)	EA
Standard Manhole  (18' - 20' Cut)	EA
Master (Collection) Manhole	EA
16" Steel Casing	LF
Single Sewer Service Connection *	 EA	13	 $ 1:511.00		I9,64loo Double Sewer Service Connection*	EA	 79	$ 1 707.18	1J4,S67.,, 6" Sewer Service Connection*	 EA
4" PVC Service Pipe	LF
6" PVC Service Pipe	LF
Gravity System Clean, TV, & Testing	LS	1	$ 261909.77	6,909.77 Force Main Testing	LS

TOTAL	$	492,644.04

By:
Checked:
Engineer:

* Shall consist of all bends, tees, plugs, cleanouts or any other appurtenances comprising a complete service.
** Shall consist of all pipe, valves, tees, fittinqs or any other appurtenances comprisinq a complete workinq assembly.
*** Shall include all components including but not limited to wet well, valves, pumps, piping, washdown, generator,
electrical, City Permitting, fencing, concrete, start-up, & testing

CYPRESS PARK ESTATES 2
	ON-SITE WATER DISTRIBUTION SYSTEM	
Item
 No.		
Description	
Unit	Contractor's
Quantih'.	Unit
Price	Total
Amount	

Install Temporary Backflow Assembly	
LS	
1	
$	4,534.48	
$	4,534.48	
8' LATERAL CONNECTION	EA	4	$	1,081.65	 $	4,326.60	
4" PVC Water Main	LF				
6" PVC Water Main	LF	1663	$	33.01	$	54,S B.<>j	
8" PVC Water Main	LF	5177	47.50	$	Z4'.5,907.5iJ	
4" Plug	EA			$	
6" Plug	EA	1	$	301.39	$	301.39	
8" Plug	EA	2	$	479.03	$	958.06	
6" Gate Valve	EA	6	$	1:693.74	$	Io,lb2.44	
8" Gate Valve	EA	22	$	2:430.65	$	53,474.'.Hi	
10" Gate Valve	EA			$	
12" Gate Valve	EA				

8"	22½0	Bend	EA	4	$	694.29	$	2,777.1<>	
8"	45 °	Bend	EA	4	$	699.47	$	2,797.88	
8"	90 °	Bend	EA				
8"	X	8"	Tee	EA	3	$	1:027.89	$	3,083.67	
6"	X  6"	Tee	EA	2	$	820.21	$	l,<>40.42	
8"	X  6"	Tee	EA	7	$	974.78	$	6,823.46	
8"	Cross		EA	1	$	1 199.98	$	I,199.98	
6"	Cross		EA				
10"  X  8" Reducer	EA				
8"  X  6" Reducer	EA	1	$	746.77	74(j_77	
Fire Hydrant Assembly *	EA	5	$	6:199.80	30,999.00	
Blow-off Assembly *	EA				
2" Water Service Sleeve	LF				
3" Water Service Sleeve	LF				
6" Sleeve	LF				
Single Service (Short) **	EA	11	$	1:096.72	$	12,063.92	
Single Service (Long) **	EA	10	$	1) 19.68	$	I I,19().80	
Double Service (Short) **	EA	49	$	2:044.07	$	100,159.43	
Double Service (Long)**	EA	30	$	2:077.05	$	62,31 I.5o	
Shock Pad	(Contingency)	EA			$	
Joint Restraint	LS	1	$	33:521.90	$	33,)21.90	
Sampling Point	EA	15	$	751.50	$	11,271.50	
Testing & BacT's	LS	1	$	132345.19	$	13,345.19	
3" SCH 40 IRRIGATION SLEEVES	LF	80	$	15.58	$	I,2::J(j.40	
OPEN CUT & REPAIR SIDEWALK	LS	1	$	1 438.12	$	1,438.12	
			
TOTAL	
 $	672,533.38	

8" 11¼ 0	Bend	EA	2	$	674.44	$	1,348.88

By:
Checked:
Engineer:

*	Shall consist of all oioe. valves. tees. fittinas or anv other aoourtenances comorisina a comolete workina assemblv.
tt	Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

CYPRESS PARK ESTATES 2
	ON-SITE RE-USE WATER DISTRIBUTION SYSTEM	
Item
 No.		
Description	
	Unit 	Contractor's
Quantity	Unit
Price	Total
Amount	

Install Temporary Backflow Assembly	
LS				
4" LATERAL CONNECTION	EA	1	$	656.38	$	656.38	
6" LATERAL CONNECTION	EA	3	$	742.87	$	2,228.61	
4" Re-Use Water Main	LF	2037	$	22.29	$	45,404.73	
6"  Re-Use Water Main	LF	4214	$	32.99	$	139,019.86	
IO"  Re-Use Water Main	LF				
12" Re-Use Water Main	LF				
4" Plug	EA	2	$	237.41	474.82	
4" Gate Valve	EA	9	$	ll484.56	n,J61.04'.	
6" Gate Valve	EA	17	$	ll693.74	28,79J.58	
4"  11¼ 0	Bend	EA	2	$	378.09	756.18
4"  22½ 0	Bend	EA
4"  45 °	Bend	EA	8	$	371.02	$	2,968.16
4"  90 °	Bend	EA
6"  1I¼ 0	Bend	EA
6" 22½ 0	Bend	EA
6" 45 °	Bend	EA	18	$	553.55	9,963.90
6" 90 °	Bend	EA
6"  X  6" Tee	EA	3	$	779.62	$	2,338.86
10" X  IO" Tee	EA
10" X  8" Tee	EA
8" X  6" Tee	EA
6" X  4" Tee	EA	5	$	743.29	3,716.45
6"  X  4" Reducer	EA	2	$	493.90	987.80
6"  X  2" Reducer	EA
Blow Off Assembly	EA
Air Release Valve	EA
4" Irrigation Service **	EA
Single Service (Short) **	EA	5	$	1)52.43	5,762.15
Single Service (Long)**	EA	12	$	1:176.09	14,I ll08
Double Service (Short) **	EA	32	$	2:160.52	69,lJ6.64
Double Service (Long) **	EA	49	$	2)97.56	Io7,680.44
Joint Restraint	LS	1	$	22:804.01	22,804.01
Testing	LS	1	$	4 402.42	4,4fi2.42
TOTAL	 $	474,569.11

By:
Checked:
Engineer:

*	Shall consist of all oioe. valves. tees. fittinas or anv other aoourtenances comorisina a comolete workina assemblv.
""' Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

CYPRESS PARK ESTATE PHASE 3 SUBDIVISION INFRASTRUCTURE
Schedule of Estimated Quantities and Unit Prices Bid Summary

GENERAL CONDITIONS	$	253,086.33	

CLEARING & EARTHWORK	
$	
527,219.47	

PAVING	
$	
847,324.74	

STORM DRAINAGE	
$	
629,467.74	
SANITARY SEWER COLLECTION SYSTEM: ......................................_$	4_95...:.,7_2_7._5_8
WATER DISTRIBUTION  SYSTEM:  ..................................................._$	57_5-'-,3_9_9._03_

RE-USE WATER DISTRIBUTION SYSTEM	$	411,987.76	

OFFSITE - BICE GROVE ROAD	
$	1,005,107.77	

TOTAL:     .....................................................................................  _$	4'-,7_45.	,3_2_0_.4_2
TOTAL CALENDAR DAYS TO SUBSTANTIAL COMPLETION: . . .. . . . .. .	22-2
TOTAL CALENDAR DAYS TO COMPLETION: ................................	26-7
****DOES NOT INCLUDE MATERIAL PROCUREMENT TIME
The principle items of work and quantities shown herein are approximate only and are furnished solely for the purpose of showing the approximate scope of work to be performed. The Contractor shall examine the site of the work and shall inform himself fully in regard to all conditions pertaining to the place where the work is to be done. It is the Contractor's responsibility to perform his own quantity take-off and shall submit his bid showing the items of all work, unit prices and lump sum price for all work called for in the plans, specifications and contract documents based on his assessment ofthe
omissions in the Contractor's items of work and quantities, and the unit prices shall only be used as a basis
of payment to items specifically added or deleted upon change order approved by Owner and Engineer, and as a basis for computing partial pay estimates when called for in the contract.

NOTE: Unit prices for all underground construction shall include all costs necessary to comply with the"TRENCH SAFETY ACT" and conform with all Occupational Safety and Health Administration(OSHA) regulations.

Contractor's Name: TUCKER PAVING, INC.

Address:
5658 LUCERNE PARK ROAD, WINTER HAVEN

By  PATRICK BRAISTED		
(Signature)
Title: EXECUTIVE VICE PRESIDENT	Telephone No.: 863-299-2262

Job No.
File Name:
Date:

CYPRESS PARK ESTATES 3
	ON-SITE GENERAL CONDITIONS	
Item	Contractor's	Unit	Total
No.	Descril!tion	Unit	Quantity	Price	Amount

$

Compliance with requirements ofFDEP Generic
NPDES Permit	LS		$	8,419.22	
$	8,419.22	
Mobilization	LS		$	36,898.49	$	36,898.49	
Performance Bond	LS		$	54,174.87	$	54,174.87	
Warranty Bond	LS	1	$	11,542.87	$	11,542.87	
Maintenance of Traffic (MOT)	LS	l	$	1,698.49	$	1,698.49	
Silt Fence	LF	7600	$	1.32	$	10,032.00	
Construction Layout	LS		$	47,916.34	$	47,916.34	
Construction As-Builts	LS		$	43,172.30	$	43,172.30	
Geotech (CMT)	LS		$	26,553.49	$	26,553.49	
Temporary Construction Entrance	LS		$	4,292.74	$	4,292.74	
INLET PROTECTION	EA	20	$	183.03	$	3,660.60	
CONCRETE WASHOUT	EA	l	$	4,724.92	$	4,724.92	
				$	
				$	
				$	
				$	
				$	
				$	
				$	
				$	
				$	
				$	
By:			TOTAL	$	253,086.33	
Checked:
Engineer:					

Item

CYPRESS PARK ESTATES 3
CLEARING & EARTHWORK

Contractor's

Unit

Total

No.	Description	Unit

Quantity

Price

Amount

 	

Demolition	LS		
Clearing and Grubbing	LS	$ 83)67.25	$	83,167.25
Bahia Sod (Side slopes steeper than 5:1) Please supply	SY	15882	$	2.90

unit cost for change order purposes.	$	46,057.80

Bahia Sod (Side slopes flatter than 5:1) Please supply unit cost for change order purposes.
Seed & Mulch	SY AC	

139332	
	$	
$	0.59	$	82,205.88	
Unclassified Excavation
Final Grading	EA
LS	1
1	$2352593.07
$ 652151.58	$	235,593.07
$	65,151.58	
Deleterious Soils Removal (if required)	AC				
Burried Trash Removal	SY				
Off-site Fill (In Place-Compacted) (if required)	CY				
On-site Fill (In Place-Compacted) (if required)	CY				
Detention Pond ti	900	ti  (complete)	LS	1	$	1:313.18	1,313.18	

Detention Pond "	
1000	
ti  (complete)	
LS	
1	
$	22792.40	
2,792.40	
Detention Pond ti	1100	(complete)	LS	1	$	22001.06	2,001.06	
Detention Pond "	1200	ti  (complete)	LS	1	$	293.86	293.86	
Detention Pond ti	1300	" (complete)	LS	l	$	52026.71	5,026.71	
Detention Pond "	1400	(complete)	LS	1	$  32616.68	3,616.68	
Detention Pond "	700	A&B" (complete)	LS				
Detention Pond "	800	A&B" (complete)	LS				

Tree Protection (as required)	LS
Tree Barricade	LF
Swale/Ditch Construction (complete)	LF
Type "V" Drainage Swale	LF
Outfall Sump	LS
Geoweb Spillway	LS

 TOTAL			527,219.47 

By:
Checked:
Engineer:

CYPRESS PARK ESTATES 3

PAVING	
Item
No.	
Descril!tion	
Unit	Contractor's
Quantin::	Unit
Price	Total
Amount	

Signing and Pavement Marking	
LS			$	
Saw-Cut & Match Existing Pavement & Remove Curb	LF	60	$	15.36	$	921.60	
Mill Existing Pavement	LS				
l" Type Asphalt Overlay (SP- 9.5)	SY				
	2" Asphaltic Surface Course (Type SP-12.5)	SY				
1-1/2" Aspbaltic Surface Course (Type SP-9.5)	SY	15558	$	12.18	189,496.44	
1-1/2 Asphaltic Surface Course (Type SP-12.5)	SY				
1.5" Asphalt Structural Course (Type SP- 9.5)	SY				
	12" Limerock Base Course (LBRl00)	SY				
6" Limerock Base Course (LBR 100)	SY	15558	$	16.27	253,128.66	
8" Limerock Base Course (LBR 100)	SY				
12" Compacted Subgrade	SY				
12" Stabilized Subgrade	SY	15558	$	7.59	118,085.22	
8" Stabilized Shoulder	SY				
	12" Stabilized Shoulder	SY				
5' Concrete Sidewalk (4" Thick)	LF	482	$	28.19	13,587.58	
§_' Concrete Sidewalk (4" Thick)	LF				
5' Concrete Sidewalk (6" Thick)	LF				
ADA Sidewalk Ramp per FDOT Index (Complete)	EA	12	$	12098.16	13,177.92	
Concrete Miami Curb **	LF	10899	$	20.12	219,287.88	
Concrete Curb and Gutter (Type F) **	LF				
Concrete Curb (Type D) **	LF				
Concrete Curb (Valley Gutter) **	LF	161	$	30.37	4,889.37	
Concrete Curb (Ribbon) **	LF	70	$	39.16	2,741.W	
	6" Concrete Pavement	SY		$		
Dead End Barricade  (install)	EA	1	$	878.52	$	878.52	
	Parking Stalls & Wheelstops	LS		$		
Signing & Striping	LS	1	$  262714.55	$	26,714.55	
6' Concrete Sidewalk (4" Thick) W/THICKENED EDGE	LF	95	$	46.48	$	4,415.60	

TOTAL	$	847,324.74

= All cost tor stabilization under curb shall be included in the unit price tor the curb.

By:
Checked:
Eng:ineer:

Item
No.	
Descriution	
Unit	Contractor's
Quantitl'.	Unit
Price	Total
Amount	
15" ADS-HP	LF	
26	$	50.01	$	1,300.26	
18" ADS-HP	LF	2470	$	62.72	$	154,918.40	
24" ADS-HP	LF	1843	$	88.84	$	1<>3,732.12	
30" ADS-HP	LF	207	$	126.96	$	2<>,280.72	
36" ADS-HP	EA				

			
	TOTAL	$	629,467.74	

By:
Checked:					
Engineer:					

CYPRESS PARK ESTATES 3 STORM DRAINAGE SYSTEM

14" x 23" ERCP	
LF	
32	
$	116.23	$	3,719.36	
19" x 30" ERCP	LF				
24" x 38" ERCP	LF				
Yard Drain	EA				
Type 5 Curb Inlet	EA	16	$  52051.92	80,830.72	
Type 6 Curb Inlet	EA	9	$  62112.58	55,013.22	
Type V Inlet					
Type S Inlet	EA				
TypeF  Ditch Bottom Grate Top Inlet	EA	
Type C Ditch Bottom	Grate Top	Inlet	EA	3	$  22859.61	$	8,578.83	
TypeD  Ditch Bottom	Grate Top	Inlet	EA			$	
Type P Manhole			EA	4	$  32811.87	$	15,247.48	
Type J Manhole (5' Diameter)	EA	3	$	72488.93	$	22,461>.79	
Type J Manhole (6' Diameter)	EA				$		
Control Structure	EA	6	$	42935.98	$	29,615.88	
Mitered End Section	_1_5_"	EA	1	$	780.60	$	780.t,O	
Mitered End Section	_1_8_"	EA	3	$	839.35	$	2,518.05	
Mitered End Section	--11  ''	EA				
Mitered End Section	30"	EA	3	$  12205.40	$	3,t,lt,.20	
Mitered End Section	36"	EA			$	
Pond Clay Core or PVC	Liner	LF	430	$	24.86	$	I0,()89.80	
Rip Rap (Ponds)		LS				
Clean & Video		LS	1	$ 262524.94	$	2(),524.94	
12" ADS-HP		LF	101	$	49.91	$	5,040.91	
J6 Curb Inlet		EA	1	$ 7)44.01	$	7,344.01	
Mitered End Section		ll_''	EA	2	$	721.84	$	I,443.t,8	
Rip Rap - MITERED END SECTION	EA	9	$  1 089.53	$	9,805.77	

CYPRESS PARK ESTATES 3
	ON-SITE SANITARY SEWAGE COLLECTION SYSTEM	
Item	Contractor's	Unit	Total
No.	DescriQtion	Unit	Quantiti:	Price	Amount

8" CORE CONNECTION	EACH	1	$	32850.88	$	3,850.88

4"	PVC (O' - 6' Cut)	LF	$
6"	PVC (O' - 6' Cut)	LF
8"	PVC (O' - 6' Cut)	LF	1831	$	38.40	$	7o,3I0.4<J
8"	PVC  (6' - 8' Cut)	LF	2093	$	39.61	$	8 ,90l73
8"	PVC (8' - 1O' Cut)	LF	756	$	41.01	$	51,003.50
8"	PVC (10' - 12' Cut)	LF	327	$	42.67	$	13,953.0
8"	PVC (12' - 14' Cut)	LF	333	$	44.67	$	14,875.11
8"	PVC (14' - 16' Cut)	LF
8"	PVC (16' - 18' Cut)	LF
8"	PVC (18' - 20' Cut)	LF
10"	PVC (12'-14' Cut)	LF
Standard Manhole (O' - 6' Cut)	EA	8	$	42547.30	%,378.40
Standard Manhole (6' - 8' Cut)	EA	7	$	5)95.91	36,37IJi

Standard Manhole (8' - 1O' Cut)	EA	2	$	52941.66	I 1,883.32 Standard Manhole (10' - 12' Cut)	EA
Standard Manhole (12' - 14' Cut)	 EA	1	$	112588.45	I 1,588.45 Standard Manhole (14' - 16' Cut)	EA
Standard Manhole (16' - 18' Cut)	EA
Standard Manhole  (18' - 20' Cut)	EA
Master (Collection) Manhole	EA
16" Steel Casing	LF
Single Sewer Service Connection *	 EA	17	 $ 1,507.53		5,6 8.0I Double Sewer Service Connection*	EA	 77	$ 12703.28	13 I,152.56 6" Sewer Service Connection*	 EA
4" PVC Service Pipe	LF
6" PVC Service Pipe	LF
Gravity System Clean, TV, & Testing	LS	1	$ 252828.70	,,,8,8.70 Force Main Testing	LS

TOTAL	$	495,727.58

By:
Checked:
Engineer:

* Shall consist of all bends, tees, plugs, cleanouts or any other appurtenances comprising a complete service.
tt  Shall consist of all pipe, valves, tees, fittinqs or any other appurtenances comprisinq a complete workinq assembly.
"'*"' Shall include all components including but not limited to wet well, valves, pumps, piping, washdown, generator, electrical, City Permitting, fencing, concrete, start-up, & testing

CYPRESS PARK ESTATES 3
	SITE WATER DISTRIBUTION SYSTEM	
Item
 No.		
Description	
	Unit		Contractor's
Quantity	Unit
Price	Total
Amount	

Install Temporary Backflow Assembly	
LS	
1	
$	4,524.42	
$	4,524.42	
8' LATERAL CONNECTION	EA	1	$	1,079.25	 $	1,079.25	
4" PVC Water Main	LF	
6" PVC Water Main	LF	3125	$	32.93	$	I02,90t>J5	
8" PVC Water Main	LF	2769	$	47.39	$	I3I,222.9I	

6"	22½ 0	Bend	EA	8	$	447.02	$	3,57ti.I <>	
6"	45 °	Bend	EA	4	$	460.80	$	1,843.20	
6"	90 °	Bend	EA				

10" PVC Water Main	LF
2" Gate	EA	4
2	i	69.74
$	956.59	$	278.9<>
$	1,<JI3. rn	
4" Gate Valve	EA				
6" Gate Valve	EA	8	$	1)56.24	$	14,049.92	
8" Gate Valve	EA	6	$	22425.25	$	14,55 I.50	

8"	22½ 0	Bend	EA	8	$	692.76	5,542.08	
6"	X  6"	Tee	EA	5	$	777.89	3,889.45	
10"	X  10" Tee	EA				
10"	X  8" Tee	EA				
8"	X  6" Tee	EA	7	$	918.33	6,428.31	
6"	X  4" Tee	EA				
8"	X  4" Tee	EA				
10" Cross	EA				
8" Cross	EA	1	$	1)97.32	1,I9'i.32	
6" Cross	EA				
10"  X  8" Reducer	EA	1	$	807.17	807.I'l	
8"  X  6" Reducer	EA	2	$	745.13	1,490.2(,	
8"  X  4" Reducer	EA				
6"  X  4" Reducer	EA				
6" X  2" Reducer	EA	2	$	322.26	644.52	
Air Release Valve	EA				
Fire Hydrant Assembly*	EA	8	$	6 874.13	$	54,99J.04	
Blow-off Assembly *	EA				
2" Water Service Sleeve	LF				
3" Water Service Sleeve	LF				
6" Sleeve	LF				
Single Service (Short)**	EA	23	$	12092.30	$	25,122.90	
Single Service (Long) **	EA	6	$	12115.41	$	6,t>92.46	
Double Service (Short) **	EA	40	$	22034.12	$	SI)ti4.80	
Double Service (Long)**	EA	31	$	22068.27	$	64,I lt>.3'i	
Shock Pad	(Contingency)	EA			$	
Joint Restraint	LS	1	$	26)51.90	$	26,151.90	
Sampling Point	EA	10	$	730.93	$	7,J09.30	
Testing & BacT's	LS	1	$	12 625.90	$	12,625.90	
10" LATERAL CONNECTION	EA	1	$	1,077.50	 $	1,077.50	
			TOTAL	 $	575,399.03	

8"  11¼ 0	Bend	EA

	SITE WATER DISTRIBUTION SYSTEM	

Item
No.	Description	Unit

Contractor's Unit Quantity	Price

Total Amount

By:
Checked:
Engineer:

*	Shall consist of all oioe. valves. tees. fittinas or anv other aoourtenances comorisina a comolete workina assemblv.
tt	Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

CYPRESS PARK ESTATES 3
	ON-SITE RE-USE WATER DISTRIBUTION SYSTEM	
Item		Contractor's	Unit	Total	
 No.	 Description		Unit		Quantity	Price	Amount	

Install Temporary Backflow Assembly	LS
6" LATERAL CONNECTION	EA	1	$	896.22	$	896.22
8" LATERAL CONNECTION	EA	1	$	741.22	$	741.22
4"  Re-Use Water Main	LF	2721	$	22.24	$	60,515.04
6"  Re-Use Water Main	LF	2722	$	32.92	$	89,608.24
8" Re-Use Water Main	LF	4		46.17	$	]84.08
12" Re-Use Water Main	LF		$	

4" Plug	EA		
6" Plug	EA		
8" Plug	EA		
10" Plug	EA		
12" Plug	EA		
2" Gate Valve	EA		

4" Gate Valve	EA	7	$	12481.26	Io,J68.82
6" Gate Valve	EA	6	$	12689.98	10,n .ss	
8" Gate Valve	EA				
10" Gate Valve	EA				
12" Gate Valve	EA				
2"  11¼ 0	Bend	EA				
2"  22½ 0  Bend	EA				
2"  45 °	Bend	EA				
2"  90 °	Bend	EA				
4"  11¼ 0  Bend	EA				
4"  22½ 0  Bend	EA				
4"  45 °	Bend	EA	10	$	370.20	3,702.00	
4"  90 °	Bend	EA				
6" 11¼ 0	Bend	EA				
6"  22½ 0  Bend	EA				
6"  45 °	Bend	EA	20	$	552.31	II,046.20	
6" 90 °	Bend	EA				
8" 11¼ 0	Bend	EA				
8"  22½ 0  Bend	EA				
8" 45 °	Bend	EA				
8" 90 °	Bend	EA				
10"  11¼ 0  Bend	EA				
10"  22½ 0  Bend	EA				
10"  45 °	Bend	EA				
10"  90 °	Bend	EA				
8" x  8" Tee	EA				
6"  x 6" Tee	EA				
10"  X  10" Tee	EA				
10"  X  8" Tee	EA				
8" x 6" Tee	EA				
6"  x 4" Tee	EA	2	$	741.63	l,48l26	
8" x 4" Tee	EA				
10" Cross	EA				

	ON-SITE RE-USE WATER DISTRIBUTION SYSTEM		
Item		Contractor's	Unit	Total	
 No.	Description		Unit		Quantity	Price	Amount	

8" Cross	
EA			
$		
6" Cross	EA	1	$	12008.63	$	I,oiJS.63	
10" X  8" Reducer
8" X  6" Reducer	EA
EA	
1	
$	597.55	$
$	
597.55	
8"	X  4" Reducer	EA				
6"	x  4" Reducer	EA	2	$	492.79	$	98).)8	
6"	X  2" Reducer	EA				
Blow Off Assembly	EA				
Air Release Valve	EA				
2" Irrigation Service **	EA	2	$	42429.24	$	8,858.48	
Single Service (Short) **	EA	11	$	1)47.54	$	12,622.94	
Single Service (Long)**	EA	4	$	12099.31	$	4,397.24	
Double Service (Short) **	EA	29	$	2)54.46	$	62,479.34	
Double Service (Long)**	EA	49	$	2)89.88	$	IiJ7,J04.l2	
Joint Restraint	LS	1	$	192893.12	$	I9,89ll2	
Testing	LS	1	$	42392.63	$	4,J92.<>J	
4" TEE	EA	1	$	516.44	$	5 l<>)l4	
4"CAP	EA	1	$	246.13	$	246.B	
			
TOTAL	
 $	 411,987.76	
By:					
Checked:
Engineer:					

*	Shall consist of all oioe. valves. tees. fittinas or anv other aoourtenances comorisina a comolete workina assemblv.
tt	Shall consist of all corporation stops, curb stops, pipe or tubing or any other appurtenances comprising a complete water service.

CYPRESS PARK ESTATES 3 OFFSITE - BICE GROVE ROAD
Item No.	
Descril!tion	
Unit	Contractor's Quanti!l'.	Unit Price		Total Amount	
	CONSTRUCTION LAYOUT	LS	1	$  102483.76	$	10,483.76	
	CONSTRUCTION AS-BUILTS	LS	1	$	81785.27	$	8,785.27	
	GEOTECH
CLEAR & GRUBB	LS
LS	1
1	$	82829.19
$	12696.78	$
$	8,829.Ei
1,696.78	
	BAHIA SOD	SY	5110	$	2.90	$	14,819.00	
	HYDROGRASS
\UNCLASSIFIED EXCAVATION	SY
LS	16405
1	$	0.59
$  341122.54	$
$	9,678.95
34,122.54	
	FINAL GRADING	LS	1	$  282569.70	$	28,569.70	
	SAWCUT & MATCH EXISITING	LF	275	$	7.51	$	2,065.25	
	2" Asphaltic Surface Course (Type SP-12.5)	SY	6921	$	15.83	$	109,559.43	
	6" Limerock Base Course (LBR 100)	SY	6921	$	16.27	$	112,604.67	
	12" Stabilized Subgrade	SY	6921	$	7.59	$	52,530.39	
	§_' Concrete Sidewalk (4" Thick)	LF	6206	$	33.83	$	209,948.98	
	ADA Sidewalk Ramp per FDOT Index (Complete)	EA	10	$	12317.79	$	13,177.90	
	Concrete Miami Curb**	LF	470	$	20.12	$	9,456.40	
	Concrete Curb and Gutter (Type F) **	LF	4410	$	23.05	$	101,650.50	
	Signing & Striping	LS	1	$  441898.04	$	44,898.04	
	24" CORE COONECT FOR STORM
18" ADS STORM PIPE	EA LF	3
385	$	51582.69
$	62.72	$
$	16,748.07
24,147.20	
	24" ADS STORM PIPE	LF	1355	$	88.84	$	120,378.20	
	TYPE P-5 CURB INLET	EA	3	$	51051.92	$	15,155.76	
	TYPE P-6 CURB INLET	EA	2	$	62112.58	$	12,225.16	
	TYPED INLET	EA	4	$	52152.97	$	20,611.88	
	TYPE P MANHOLE 24: ADSMES	EA EA	2
1	$	32952.09
$	11022.37	$
$	7,904.18
1,022.37	
	RlPRAP@MES	EA	1	$	11507.32	$	1,507.32	
	CLEAN & VIDEO STORM	LS	1	$  101898.13	$	10,898.13	
	3:" IRRIGATION SLEEVES	LF	105	$	15.55	$	1,632.75	

TOTAL	$	1,005,107.77

WK All cost tor stabilization under curb shall be included in the unit price tor the curb.

By:
Checked:
Em1:ineer:

*** AT CURRENT BIDDING TIME, WE ARE EXPERIENCING INDUSTRY WIDE PRICE VOLATILITY IN THE PVC PIPE/FITTING MARKET. TUCKER PAVING RESERVES THE RIGHT TO REVIEW ALL FINAL PRICING AT TIME OF CONTRACT AWARD

Not Included in Proposal:
Permit/Permit Fees
Littoral Plantings
Landscaping & Irrigation
Tree Protection/Pruning/Relocation
Retaining Walls, Footers, And Excavation/Backfill Of Footers
Fence Relocation/Installation
Asbestos Removal
Site Cle4aring/Well Abandonment
Installation/Relocation/Repair Of Fence/Gates
Relocation/Removal/Repair Of Existing Or Unknown Utilities
Relocation/Removal/Repair Of Power Poles Or Guy Wires
Excavation/Backfill Of Building Foundation And/Or Footers
Removal Of Muck/Contaminated/Unsuitable Soils Or Materials
Over Excavation
Project Identification Sign
Materials/Work/Services not indicated or listed.

SUPPLEMENTARY CONDITIONS RELATING TO
INSURANCE REQUIREMENTS, SUBSURFACE CONDITIONS, AND HAZARDOUS CONDITIONS

The following supplements establish insurance limits and other requirements relating to Article 6 of the Standard General Conditions of the Construction Contract, EJCDC Document No. C-700 (Rev. 1), 2013 Edition (the "General Conditions"). Other changes have been marked directly in underlined and strike­ through on the Standard Form of Agreement and the General Conditions. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

ARTICLE 6 - BONDS AND INSURANCE

6.03	Contractor's Liability Insurance

Add the following new paragraphs after Paragraph 6.03.J. of the General Conditions:

The limits of liability for the insurance required by this paragraph 6.03 shall provide coverage for not less than the following amounts:

Workers' Compensation under Paragraph 6.03.A. of the General Conditions:
State Worker's Compensation - Greater of statutorily required
amount or $1,000,000 per occurrence/ $1,000,000 aggregate/
$1,000,000 per disease
Applicable Federal (e.g., United States Longshoreman and Harbor Workers' Compensation Act, Jones Act, etc.) - Greater of statutorily required amount or $1,000,000
Employer's Liability-$1,000,000

Commercial General Liability Insurance under Paragraph 6.03.B. of the General Conditions:
Bodily Injury, Sickness, Disease or Death, and Property Damage, per Occurrence - $2,000,000
Bodily Injury, Sickness, Disease or Death, and Property Damage,
Aggregate - $2,000,000
Products-Completed Operations - $2,000,000
Personal and Advertising Injury - $2,000,000
Property Damage liability insurance will provide Explosion, Collapse, and Under-ground coverages where applicable.

Automobile Liability under paragraph 6.03.D. ofthe General Conditions:
Bodily Injury:

Each Person Each Accident

$1,000,000
$1,000,000

Property Damage:
Each Occurrence	$1,000,000

Pollution Insurance (covering third-party injury and property damage claims, including clean-up costs)	$1,000,000

Protection and Indemnity Insurance	$1,000,000

The Contractual Liability coverage required by paragraph 6.03.C. of the General Conditions shall provide coverage for not less than the following amounts:
General Aggregate
Bodily Injury and Property Damage	$2,000,000	
Combined Each Occurrence	$2,000,000	

Umbrella Insurance (above the Commercial Liability, Automobile Liability, Employers Liability, Pollution Insurance, Protection and Indemnity Insurance and Contractual Liability Insurance listed herein)
General Aggregate (Per Project)	$3,000,000
Each Occurrence	$3,000,000

The Contractor's commercial general liability, contractual liability, automobile liability, umbrella, and pollution liability policies shall include and list as additional insureds the following: Owner, Engineer, and Community Development District, and their respective members, parents, partners, subsidiaries, affiliates, officers, directors, supervisors, staff, consultants, agents, subcontractors and employees.

Such insurance as listed above is in addition to all other insurance required under the Contract.

In the event of a conflict between this Agreement and the Addendum to Standard Agreement Regarding Insurance Requirements, this Agreement shall control to the extent necessary to resolve such conflict.

PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address and Phone Number):	SURETY (Name and Address of Principal Place of Business
and Phone Number):

OWNER:	KRPC EAST JOHNSON, LLC
Address:	121 Garfield Avenue Winter Park, FL 32789
Phone Number:  407-645-4400

CONTRACT
Date:
Amount:
Description (Name and Location):

BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in section 255.05(2), Florida Statutes.

CONTRACTOR AS PRINCIPAL
Company:

Signature:		 (Seal) Name and Title:

(Space is provided below for signatures of additional parties, ifrequired.)

CONTRACTOR AS PRINCIPAL
Company:

SURETY

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

(Seal)
Surety's Name and Corporate Seal

By:		 Signature and Title
(Attach Power of Attorney)

Attest:		 Signature and Title

SURETY

Signature:		 (Seal)		 (Seal)

Name and Title:

Surety's Name and Corporate Seal

By:		 Signature and Title
(Attach Power of Attorney)

Attest:		 Signature and Title:

EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1.

of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

If there is no Owner Default, Surety's obligation under this Bond shall arise after:

6.1.

The responsibilities of Contractor for correction of defective Work and completion of the Contract;

3.1.

Owner has notified Contractor and Surety, at the addresses described in Paragraph l O below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of perfom1ing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

6.2.

6.3.

Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and

Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non­ performance of Contractor.

3.2.

Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3. I; and

Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

Owner has agreed to pay the Balance of the Contract Price to:

Surety in accordance with the terms of the Contract;

2. Another contractor selected pursuant to Paragraph 4.3 to perform the Contract.

When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions:

Arrange for Contractor, with consent of Owner, to perfmm and complete the Contract; or

Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

JO. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address

Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:

I. After investigation, determine the an10unt for which it may be liable to Owner and, as soon as practicable after the amount is detem1ined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefor.

shown on the signature page.

I I. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

12. Definitions.

12.l Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

Jf Surety does not proceed as provided in Paragraph 4 with reasonable prompmess, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities

Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address and Phone Number):	SURETY (Name and Address of Principal Place of Business
and Phone Number):

OWNER:	KRPC EAST JOHNSON, LLC
Address:	121 Garfield Avenue Winter Park, FL 32789
Phone Number:  407-645-4400

CONTRACT
Date:
Amount:
Description (Name and Location):

BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2). Florida Statutes.

CONTRACTOR AS PRINCIPAL
Company:

SURETY

Signature:		 (Seal)		 (Seal)

Name and Title:

(Space is provided below for signatures of additional parties, if required.)

CONTRACTOR AS PRINCIPAL
Company:

Surety's Name and Corporate Seal

By:		 Signature and Title
(Attach Power of Attorney)

Attest:		 Signature and Title

SURETY

Signature:		 (Seal)		 (Seal)

Name and Title:

Surety's Name and Corporate Seal

By:		 Signature and Title
(Attach Power of Attorney)

Attest:		 Signature and Title:

I. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to promptly pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

With respect to Owner, this obligation shall be null and void if Contractor:
Promptly makes payment, directly or indirectly, for all sums due Claimants, and

Defends, indemnifies, and holds harmless Owner from all claims demands, liens, or suits alleging non-payment by Contractor by an; person or entity who furnished labor, materials, or equipment for use in the perfonnance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

Surety shall have no obligation to Claimants under this Bond until:

Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

Claimants who do not have a direct contract with Contractor:

I. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or perfonned; and

Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

Not having been paid within the above 30 days, have sent a written notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions:

Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

Pay or arrange for payment of any undisputed amounts.

Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work.

Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (]) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of ( I) or (2) first occurs. lfthe provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt ofnotice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions confonning to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

DEFINITIONS

15. I. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for perfonnance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2. Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perfonn and complete or comply with the other terms thereof.

FOR INFORMATION ONLY - Name, Address and Telephone Surety Agency or Broker:
Owner's Representative (engineer or other party):

Section V

Arbitrage Rebate Computation Proposal For
Cypress Park Estates Community Development District
(City of Haines City, Florida)
$7,865,000 Special Assessment Bonds, Series 2022 (Series 2022 Project)

June 15, 2022

Cypress Park Estates Community Development District c/o Ms. Indhira Araujo
Government Management Services – CF, LLC 6200 Lee Vista Boulevard
Suite 300
Orlando, FL 32822

Re:	Cypress Park Estates Community Development District (City of Haines City, Florida)
$7,865,000 Special Assessment Bonds, Series 2022 (Series 2022 Project)

Dear Ms. Araujo:

AMTEC is an independent consulting firm that specializes in arbitrage rebate calculations. We have the ability to complete rebate computations for the above-referenced Cypress Park Estates Community Development District (the “District”) Series 2022 bond issue (the “Bonds”). We do not sell investments or seek an underwriting role. As a result of our specialization, we offer very competitive pricing for rebate computations. Our typical fee averages less than $1,000 per year, per issue and includes up to five years of annual rebate liability reporting.

Firm History

AMTEC was incorporated in 1990 and maintains a prominent client base of colleges and universities, school districts, hospitals, cities, state agencies and small-town bond issuers throughout the United States. We currently compute rebate for more than 6,900 bond issues and have delivered thousands of rebate reports. The IRS has never challenged our findings.

Southeast Client Base

We provide arbitrage rebate services to over 350 bond issues aggregating more than $9.1 billion of tax- exempt debt in the southeastern United States. We have recently performed computations for the Magnolia West, East Park, Palm Coast Park, Cypress Park Estates and Town Center at Palm Coast Park Community Development Districts. Additionally, we are exclusive rebate consultant to Broward County and the Town of Palm Beach in Florida. Nationally, we are rebate consultants for the City of Tulsa (OK), the City of Lubbock (TX) and the States of Connecticut, New Jersey, Montana, Mississippi, West Virginia, Vermont and Alaska.

We have prepared a Proposal for the computation of arbitrage for the District’s Bonds. We have established a "bond year end" of June 15th, based upon the anniversary of the closing date of the Bonds in June 2022.

Proposal

We are proposing rebate computation services based on the following:

$7,865,000 Special Assessment Bonds
Fixed Rate Debt; and
Acquisition & Construction, Debt Service Reserve, Capitalized Interest, Cost of Issuance & Debt Service Accounts.

Should the Tax Agreement require rebate computations for any other accounts, computations will be extended to include those accounts at no additional cost to the District.

Our guaranteed fee for rebate computations for the Series 2022 Bonds is $450 per year and will encompass all activity from June 15, 2022, the date of the closing, through June 15, 2027, the end of the 5th Bond Year and initial Computation Date. The fee is based upon the size as well as the complexity. Our fee is payable upon your acceptance of our rebate reports, which will be delivered shortly after the report dates specified in the following tables.

AMTEC's Professional Fee – $7,865,000 Special Assessment Bonds, Series 2022

Report Date	Type of Report	Period Covered	Fee	
June 30, 2023	Rebate and Opinion	Closing – June 30, 2023	$	450	
June 30, 2024	Rebate and Opinion	Closing – June 30, 2024	$	450	
June 30, 2025	Rebate and Opinion	Closing – June 30, 2025	$	450	
June 30, 2026	Rebate and Opinion	Closing – June 30, 2026	$	450	
June 15, 2027	Rebate and Opinion	Closing – June 15, 2027	$	450	

In order to begin, we are requesting copies of the following documentation:

Arbitrage Certificate or Tax Regulatory Agreement
IRS Form 8038-G
Closing Memorandum
US Bank statements for all accounts from June 15, 2022, the date of the closing, through each report date

AMTEC's Scope of Services

Our standard engagement includes the following services:
Review of all bond documents and account statements for possible rebate exceptions;
Computation of the rebate liability and/or the yield restricted amount, in accordance with Section 148 of the Internal Revenue Code, commencing with the date of the closing through required reporting date of the Bonds;
Independent calculation of the yield on the Bonds to ensure the correct basis for any rebate liability. This effort provides the basis for our unqualified opinion;
Reconciliation of the sources and uses of funds from the bond documentation;

Calculation and analysis of the yield on all investments, subject to the Regulations, for each computation period;
Production of rebate reports, indicating the above stated information, and the issuance of the AMTEC Opinion;
Recommendations for proactive rebate management;
Commingled funds, transferred proceeds and yield restriction analyses, if necessary;
Preparation of IRS Form 8038-T and any accompanying documentation, should a rebate payment be required;
We will discuss the results of our Reports with you, your auditors, and our continued support in the event of an IRS inquiry; and
We guarantee the completeness and accuracy of our work.

The District agrees to furnish AMTEC with the required documentation necessary to fulfill its obligation under the scope of services. The District will make available staff knowledgeable about the bond transactions, investments and disbursements of bond proceeds.

The District agrees to pay AMTEC its fee after it has been satisfied that the scope of services, as outlined under the Proposal, has been fulfilled. AMTEC agrees that its fee is all-inclusive and that it will not charge the District for any expenses connected with this engagement.

The parties have executed this Agreement on 	, 2022.

Cypress Park Estates
Community Development District

Consultant: American Municipal Tax-Exempt Compliance Corporation

By:	By:	Michael J. Scarfo
Senior Vice President

Section VI

RESOLUTION 2022-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING AMENITY POLICIES AND RATES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Cypress Park Estates Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated within the City of Haines City, Polk County, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District’s Board of Supervisors (“Board”) to adopt rules setting amenity rates pursuant to Chapter 120, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The Board of Supervisors will hold a public hearing to adopt Amenity Policies and Rates setting forth the suspension and termination of privileges related to the use of the district’s recreational facilities and services, and establish non-resident fees and rental rates, among others, related to the use of the District’s recreational facilities and services, a proposed copy of which is attached hereto as Exhibit A (“Amenity Rules”). The Board will hold a public hearing on Tuesday, August 23, 2022, at 11:00 a.m., at the Lake Alfred Public Library, 245 N. Seminole Ave., Lake Alfred, FL 33850.

SECTION 2. The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 28th day of June, 2022.

ATTEST:	CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A	Amenity Rules

Exhibit A Amenity Rules

[REMAINDER OF PAGE INTENTIONALLY BLANK]

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT

Amenity Policies and Rates

ADOPTED – 	 1

1 LAW IMPLEMENTED: SS. 190.011, 190.035, FLA. STAT. (2021); In accordance with Chapter 190 of the Florida Statutes, and on 	, 2022 at a duly noticed joint public meeting and after a duly noticed public hearing, the Boards of Supervisors of the Cypress Park Estates Community Development District adopted the following rules, policies and rates governing the operation of the District’s facilities and services, including the stormwater management facilities and the Amenity Facilities (defined below).

Table of Contents
DEFINITIONS	1
AMENITIES ACCESS AND USAGE	3
GENERAL AMENITY POLICIES	5
SMOKING, DRUGS AND ALCOHOL	7
SERVICE ANIMAL POLICY	7
SWIMMING POOL POLICIES	8
DOG PARK POLICIES	10
PLAYGROUND POLICIES	11
SUSPENSION AND TERMINATION OF PRIVILEGES	12
USE AT OWN RISK; INDEMNIFICATION	14
SOVEREIGN IMMUNITY	14
SEVERABILITY	14
AMENDMENTS AND WAIVERS	15

Amenity Policies and Rates – Table of Contents

DEFINITIONS
“Amenities” or “Amenity Facilities”– shall mean the properties and areas owned by the District and intended for recreational use and shall include, but not specifically be limited to swimming pool, pool deck, tot lot, and playground, together with their appurtenant facilities and areas.

“Amenity Policies” or “Policies” and “Amenity Rates” – shall mean these Amenity Policies and Rates of the Cypress Park Estates Community Development District, as amended from time to time. The Board of Supervisors reserves the right to amend or modify these Policies, as necessary and convenient, in their sole and absolute discretion, and will notify Patrons of any changes. Patrons may obtain the currently effective Policies from the District Manager’s Office. The Board of Supervisors and District Staff shall have full authority to enforce the Amenity Policies.

“Amenity Manager” – shall mean the District Manager or that person or firm so designated by the District’s Board of Supervisors, including their employees.

“Amenity Rates” – shall mean those rates and fees established by the Board of Supervisors of the Cypress Park Estates Community Development District as provided in Exhibit A attached hereto.

“Access Card” – shall mean an electronic Access Card issued by the District Manager to each Patron (as defined herein) to access the Amenity Facilities.

“Board of Supervisors” or “Board” – shall mean the Board of Supervisors of the Cypress Park Estates Community Development District.

“District” – shall mean the Cypress Park Estates Community Development District.

“District Staff” – shall mean the professional management company with which the District has contracted to provide management services to the District, the Amenity Manager, and District Counsel.

“Guest” – shall mean any person or persons, other than a Patron, who are expressly authorized by the District to use the Amenities, or invited for a specific visit by a Patron to use the Amenities.

“Homeowners Association” or “HOA” or “POA” – shall mean an entity or entities, including its/their employees and agents, which may have jurisdiction over lands located within the District, either now or in the future, which may exist to aid in the enforcement of deed restrictions and covenants applicable to lands within the District.

“Household” – shall mean a residential unit or a group of individuals residing within a Patron’s home. This does not include visiting friends, guests, relatives or extended family not permanently residing in the home. Upon District’s request, proof of residency for individuals over the age of eighteen (18) years may be required by driver’s license or state or federal issued form of identification, including a signed affidavit of residency.

“Non-Resident” – shall mean any person who does not own property within the District.

“Non-Resident Patron” – shall mean any person or Household not owning property in the District who is paying the Annual User Fee to the District for use of all Amenity Facilities.

“Non-Resident User Fee” or “Annual User Fee” – shall mean the fee established by the District for any person that is not a Resident and wishes to become a Non-Resident Patron. The amount of the Annual User Fee is set forth herein, and that amount is subject to change based on Board action.

“Patron” – shall mean Residents, Guests, Non-Resident Patrons and Renters.

“Renter” – shall mean a tenant, occupant or an individual maintaining his or her residence in a home located within the District pursuant to a valid rental or lease agreement. Proof of valid rental or lease agreement shall be required.

“Resident” – shall mean any person or Household owning property within the District.

The words "hereof," "herein," "hereto," "hereby," “hereinafter” and "hereunder" and variations thereof refer to the entire Amenity Policies and Rates.

All words, terms and defined terms herein importing the singular number shall, where the context requires, import the plural number and vice versa.

AMENITIES ACCESS AND USAGE
General. Only Patrons and Guests have the right to use the Amenities; provided, however, that certain community programming events may be available to the general public where permitted by the District, and subject to payment of any applicable fees and satisfaction of any other applicable requirements, including adherence to these Amenity Policies and execution of waivers and hold harmless agreements, if any.

Use at your Own Risk. All persons using the Amenities do so at their own risk and agree to abide by the Amenity Policies. The District shall assume no responsibility and shall not be liable in any incidents, accidents, personal injury or death, or damage to or loss of property arising from the use of the Amenities or from the acts, omissions or negligence of other persons using the Amenities.

Resident Access and Usage. In consideration of the operation, maintenance and preservation of the facilities, projects and services of the District, the District levies maintenance special assessments to property owners within the District, in accordance with the District’s annual budget and assessment resolutions adopted each fiscal year. Residents must pay such maintenance special assessments, which covers Annual User Fee applicable to such Resident, entitling the Resident to use the Amenities for the corresponding fiscal year of the District, which fiscal year begins October 1 and ends September 30. Residents must complete the “Amenity Access Registration Form” prior to access or use of the Amenities, attached hereto as Exhibit B, and receive an Access Card.

Non-Resident Patron Access and Usage. A Non-Resident Patron must pay the Annual User Fee applicable to Non-Residents to have the right to use the Amenities for one full year, which year begins from the date of receipt of payment by the District. This fee must be paid in full before the Non-Resident may use the Amenities. Each subsequent Annual User Fee shall be paid in full on the anniversary date of application. Annual User Fees may be renewed no more than thirty (30) days in advance of the date of expiration and for no more than one calendar year. Multi-year memberships are not available. The Annual User Fee is nonrefundable and nontransferable. Non-Resident Patrons must complete the Amenity Facilities Access Registration Form prior to access or use of the Amenities.

Guest Access and Usage. Each Patron Household is entitled to bring four (4) persons as Guests to the Amenities at one time. District Staff shall be authorized to verify and enforce the authorized number of Guests. A Patron must always accompany its Guests during its Guests’ use of the Amenities and are responsible for all actions, omissions and negligence of such Guests, including Guests’ adherence to the Amenity Policies. Violation of these Amenity Policies by a Guest may result in suspension or termination of the Patron’s access and usage privileges. Exceeding the authorized number of Guests specified above shall be grounds for suspension or termination of a Patron Household’s access and usage privileges.

Renter’s Privileges. Residents who rent or lease residential units in the District shall have the right to designate the Renter of a residential unit as the beneficial users of the Resident’s privileges to use the Amenities, subject to requirements stated herein.

Resident shall provide a written notice to the District Manager designating and identifying the Renter who shall hold the beneficial usage rights, submitting with such notice the Renter’s proof of residency (i.e., a copy of the lease agreement). Upon notice, Resident shall be required to pay any applicable fee before his or her Renter receives an Access Card. Renter’s Access Card shall expire at the end of the lease term and may be reactivated upon provision of proof of residency.
Renter who is designated by a Resident as the beneficial user of the Resident’s rights to use the Amenities shall be entitled to the same rights and privileges to use the Amenities as the Resident, subject to all Amenity Policies. During the period when a Renter is designated as the beneficial user, the Resident shall not be entitled to use the Amenities. In other words, Renter’s and Resident’s cannot simultaneously hold Amenity privileges associated with that residential unit. Residents may retain their Amenities rights in

lieu of granting them to their Renters.
Residents shall be responsible for all charges incurred by their Renters which remain unpaid after the customary billing and collection procedures established by the District. Residents are responsible for the deportment of their respective Renter, including the Renter’s adherence to the Amenity Policies.

Access Cards. Access Cards will be issued to each Household at the time they are closing upon property within the District, or upon approval of Non-Resident Patron application and payment of applicable Annual User Fee, or upon verification and approval of Renter designation. Proof of property ownership may be required annually. All Patrons must use their Access Card for entrance to the Amenities. Access Card shall not be issued to Non-Residents. A maximum of two (2) Access Cards will be issued per Household.
All Patrons must use their Access Cards for entrance to the Amenity Facilities. Each Household will be authorized initial Access Cards free of charge after which a fee shall be charged for each additional Access Card in accordance with the Amenity Rates then in effect.
Patrons must scan their Access Cards in the card reader to gain access to the Amenities. This Access Card system provides a security and safety measure for Patrons and protects the Amenities from non-Patron entry. Under no circumstances, shall a Patron provide their Access Card to another person, whether Patron or non-Patron, to allow access to the Amenities.
Access Cards are the property of the District and are non-transferable except in accordance with the District’s Amenity Policies. All lost or stolen cards must be reported immediately to District Staff. Fees shall apply to replace any lost or stolen cards.

GENERAL AMENITY POLICIES
Hours of Operation. All hours of operation of the Amenities will be established and published by the District on its website. The District may restrict access or close some or all of the Amenities due to inclement weather, for purposes of providing a community activity, for making improvements, for conducting maintenance, or for other purposes as circumstances may arise. Any programs or activities of the District may have priority over other users of the Amenities. Unless otherwise posted on the website, all outdoor Amenities are open only from dawn until dusk. The specific, current hours of operation for several of the Amenities, which may be amended from time to time and which may be subject to closure for holidays and other special circumstances, are as published on the District’s website. No Patron or Guest is allowed in the service areas of the Amenities.
General Usage Guidelines. The following guidelines supplement specific provisions of the Amenity Policies and are generally applicable and shall govern the access and use of the Amenities:
Registration and Access Cards. Each Patron must scan in an Access Card in order to access the Amenities and must have his or her assigned Access Card in their possession and available for inspection upon District Staff’s request. Access Cards are only to be used by the Patron to whom they are issued.
Attire. With the exception of the pool and wet areas where bathing suits are permitted, Patrons and Guests must be properly attired with shirts and shoes to use the Amenities for each facility’s intended use. Bathing suits and wet feet are not allowed indoors with the exception of the bathrooms appurtenant to the pool area.
Food and Drink. Food and drink will be limited to designated areas only. No glass containers of any type are permitted at any of the Amenities. All persons using any of the Amenities must keep the area clean by properly disposing of trash or debris.
Parking and Vehicles. Vehicles must be parked in designated areas. Vehicles should not be parked on grass lawns, or in any way which blocks the normal flow of traffic. During special events, alternative parking arrangements may be authorized but only as directed by District staff. Off-road bikes/vehicles (including ATV’s) and motorized scooters are prohibited on all property owned, maintained and operated by the District or at any of the Amenities within District unless they are owned by the District.
Fireworks. Fireworks of any kind are not permitted anywhere on District owned property or adjacent areas.
Skateboards, Etc. Bicycles, skateboards or rollerblades are not permitted on Amenity property which includes, but is not limited to, the amenity parking lot, pool area, open fields, playground area and sidewalks surrounding these areas.
Grills. Personal barbeque grills are not permitted at the Amenities or on any other District owned property.
Firearms. The possession and use of firearms shall be in strict accordance with Florida Law.
Equipment. All District equipment, furniture and other tangible property must be returned in good condition after use. Patrons and Guests are encouraged to notify District Staff if such items need repair, maintenance or cleaning.
Littering. Patrons and Guests are responsible for cleaning up after themselves and helping to keep the Amenities clean at all times.
Bounce Houses and Other Structures. The installation and use of bounce houses and similar apparatus is prohibited on District property. No exceptions will be made.
Excessive Noise. Excessive noise that will disturb other Patrons and Guests is not permitted, including but not limited to use of cellular phones and speakers of any kind that amplify sound.

Lost or Stolen Property. The District is not responsible for lost or stolen items. The Amenity Manager is not permitted to hold valuables or bags for Patrons or Guests. All found items should be turned in to the Amenity Manager for storage in the lost and found. Items will be stored in the lost and found for two weeks after which District Staff shall dispose of such items in such manner as determined in its sole discretion; provided, however, that District Staff shall not be permitted to keep such items personally or to give such items to a Patron not otherwise claiming ownership.
Trespassing / Loitering. There is no trespassing or loitering allowed at the Amenities. Any individual violating this policy may be reported to the local authorities.
Compliance with Laws and District Rules and Policies. All Patrons and Guests shall abide by and comply with all applicable federal, state and local laws, rules, regulations, ordinances and policies, as well as all District rules and policies, while present at or utilizing the Amenities, and shall ensure that any minor for whom they are responsible also complies with the same. Failure to abide by any of the foregoing may be a basis for suspension or termination of the Patron’s privileges to use or access the Amenities.
Courtesy. Patrons and their Guests shall treat all staff members and other Patrons and Guests with courtesy and respect. Disrespectful or abusive treatment of District Staff or its contractors may result in suspension or termination of Amenity access and usage privileges.
Emergencies. In the event of an injury, property damage or other emergency, please contact District Staff immediately in accordance with the terms of this policy contained herein.
False Alarms. Any Patron improperly attempting to enter the Amenity Facilities outside of regular operating hours or without the use of a valid Access Card and who thereby causes a security alert will be responsible for the full amount of any fee charged to the District in connection with such security alert and related response efforts.

SMOKING, DRUGS AND ALCOHOL
Smoking, including using any paraphernalia designed to consume tobacco or other substances such as vaping and electric and non-electronic devices, is prohibited anywhere inside the Amenity Facilities, including any building, or enclosed or fenced area to the maximum extent of the prohibitions set forth in the Florida Clean Indoor Air Act or other subsequent legislation. Additionally, to the extent not prohibited by law, smoking is discouraged in all other areas of the Amenities and on District owned property. All waste must be disposed of in the appropriate receptacles. Any violation of this policy shall be reported to District Staff.

Possession, use and/or consumption of illegal drugs or alcoholic beverages is prohibited at the Amenities and on all other District owned property. Any person that appears to be under the influence of drugs or alcohol will be asked to leave the Amenities. Violation of this policy may result in suspension or termination of Amenity access and usage privileges and illegal drug use may be punished to the maximum extent allowed by law.

SERVICE ANIMAL POLICY
Dogs or other pets (with the exception of “Service Animals” as defined by Florida law, trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability) are not permitted within any District-owned public accommodations including, but not limited to, Amenity buildings (offices, social halls and fitness center), pools, various sport courts and other appurtenances or related improvements. A Service Animal must be kept under the control of its handler by leash or harness, unless doing so interferes with the Service Animal’s work or tasks or the individual’s disability prevents doing so. The District may remove the Service Animal only under the following conditions:
If the Service Animal is out of control and the handler does not take effective measures to control it;
If the Service Animal is not housebroken; or,
If the Service Animal’s behavior poses a direct threat to the health and safety of others.
The District is prohibited from asking about the nature or extent of an individual’s disability to determine whether an animal is a Service Animal or pet. However, the District may ask whether an animal is a Service Animal required because of a disability and what work or tasks the animal has been trained to perform.

SWIMMING POOL POLICIES

Operating Hours. Swimming is permitted only during designated hours, as posted at the pool. Swimming after dusk is prohibited by the Florida Department of Health.
Swim at Your Own Risk. No Lifeguards will be on duty. All persons using the pool do so at their own risk and must abide by all swimming pool rules and policies.
Supervision of Minors. Minors fourteen (14) years of age or under must be accompanied by, and supervised by, an adult at least eighteen (18) years of age at all times for usage of the pool. All children five (5) years of age or younger, as well as all children who are unable to swim by themselves, must be supervised by a responsible individual eighteen (18) years of age or older, always within arm’s length when on the pool deck or in the pool. All children, regardless of age, using inflatable armbands (i.e., water wings) or any approved Coast Guard flotation device MUST be supervised one‐on‐one by an adult who is in the water and within arm’s length of the child.
Aquatic Toys and Recreational Equipment. No flotation devices are allowed in the pool except for water wings and swim rings used by small children, under the direct supervision of an adult as specified in Section
immediately above. Inflatable rafts, balls, pool floats and other toys and equipment are prohibited.
Prevention of Disease. All swimmers must shower before initially entering the pool. Persons with open cuts, wounds, sores or blisters, nasal or ear discharge may not use the pool. No person should use the pool with or suspected of having a communicable disease which could be transmitted through the use of the pool.
Attire. Appropriate swimming attire (swimsuits) must be worn at all times. No thongs or Brazilian bikinis are allowed. Wearing prohibited attire will result in immediate expulsion from the pool area.
Horseplay No jumping, pushing, running, wrestling, excessive splashing, sitting or standing on shoulders, spitting water, or other horseplay is allowed in the pool or on the pool deck area.
Diving. Diving is strictly prohibited at the pool. Back dives, back flips, back jumps, cannonball splashing or other dangerous actions are prohibited.
Weather. The pool and pool area will be closed during electrical storms or when rain makes it difficult to see any part of the pool or pool bottom clearly. The pool will be closed at the first sound of thunder or sighting of lightning and will remain closed for thirty (30) minutes after the last sighting. Everyone must leave the pool deck immediately upon hearing thunder or sighting lightning.
Pool Furniture; Reservation of Tables or Chairs. Tables and chairs may not be removed from the pool deck. Tables or chairs on the deck area may not be reserved by placing towels or personal belongings on them.
Entrances. Pool entrances must be kept clear at all times.
Pollution. No one shall pollute the pool. Anyone who does pollute the pool is liable for any costs incurred in treating and reopening the pool.
Swim Diapers. Children under the age of three (3) years, and anyone who is not reliably toilet trained, must wear rubber lined swim diapers, as well as a swimsuit over the swim diaper, to reduce the health risks associated with human waste contaminating the swimming pool and deck area. If contamination occurs, the pool will be shocked and closed for a period of at least twelve (12) hours. Persons not abiding by this policy shall be responsible for any costs incurred in treating and reopening the pool.
Staff Only. Only authorized staff members and contractors are allowed in the service and chemical storage areas. Only authorized staff members and contractors may operate pool equipment or use pool chemicals.
Pool Closure. In addition to Polk County and the State of Florida health code standards for pools and pool facilities, and as noted above, the pool may be closed for the following reasons:

During severe weather conditions (heavy rain, lightning and thunder) and warnings, especially when visibility to the pool bottom is compromised (deck also closed).
For thirty (30) minutes following the last occurrence of thunder or lightning (deck also closed).
Operational and mechanical treatments or difficulties affecting pool water quality.
For a reasonable period following any mishap that resulted in contamination of pool water.
Any other reason deemed to be in the best interests of the District as determined by District staff.
Containers. No glass, breakable items, or alcoholic beverages are permitted in the pool area. No food or chewing gum is allowed in the pool.
No Private Rentals. The pool area is not available for rental for private events. All pool rules and limitations on authorized numbers of Guests remain in full affect at all times.
Programming. District Staff reserves the right to authorize all programs and activities, including with regard to the number of guest participants, equipment, supplies, usage, etc., conducted at the pool, including swim lessons, aquatic/recreational programs and pool parties. Any organized activities taking place at the Amenity Center must first be approved by the District.

DOG PARK POLICIES
The Dog Park is restricted to use only by Patrons of the District and their guests. ALL OTHER PERSONS ARE CONSIDERED TRESPASSERS AND MAY BE PROSECUTED AS SUCH UNDER FLORIDA LAW.

Dogs must be on leashes at all times, except within the Dog Park area.
Dogs inside the Dog park must be under voice control by their handler at all times. If voice control is not possible, do not enter the Dog Park.
Dog handler must have the leash with them at all times.
Dogs may not be left unattended and must be within unobstructed sight of the dog handler.
Dogs must be vaccinated and wear a visible rabies and license tag at all times.
Limit of 3 dogs per ADULT dog handler.
Puppies under four months of age should not enter the Dog Park.
Children under the age of twelve (12) are not permitted within the Dog Park area.
Dog handlers are responsible for the behavior of their animals.
Aggressive dogs are not allowed in the Dog Park. Any dogs showing signs of aggression should be removed from the Dog Park immediately.
Female dogs in heat are not permitted in the Dog Park.
Human or dog food inside the Dog Park is prohibited.
Dog handlers must clean up any dog droppings made by their pets.
Dog handlers must fill in any holes made by their pets.
Please do not brush or groom pets inside the Dog Park. The Dog Park is for play time.
Only licensed and insured dog trainers will be permitted to do training at the Dog Park. Owner must register trainer with the District prior to working with the dog.
The Dog Park is a designated “No Smoking” area.

USE OF THE DOG PARK IS AT PATRON’S OWN RISK
Use of the Dog Park is voluntary and evidences your waiver of any claims against the District resulting from activities occurring at the Dog Park. The District is not responsible for any injury or harm caused by use of the Dog Park.

PLAYGROUND POLICIES

Use at Own Risk. Patrons and Guests may use the playgrounds and parks at their own risk and must comply with all posted signage.
Hours of Operation. Unless otherwise posted, all playground and park hours are from dawn to dusk.
Supervision of Children. Supervision by an adult eighteen (18) years and older is required for children fourteen (14) years of age or under. Children must always remain within the line of sight of the supervising adult. All children are expected to play cooperatively with other children.
Shoes. Proper footwear is required and no loose clothing especially with strings should be worn.
Mulch. The mulch material is necessary for reducing fall impact and for good drainage. It is not to be picked up, thrown, or kicked for any reason.
Food & Drink. No food, drinks or gum are permitted on the playground, but are permitted at the parks. Patrons and Guests are responsible for clean-up of any food or drinks brought by them to the parks.
Glass Containers. No glass containers are permitted.

SUSPENSION AND TERMINATION OF PRIVILEGES
General Policy. All persons using the Amenities and entering District property shall comply with the Amenity Policies established for the safe operations and maintenance of the District’s Amenities. District Staff must protect the rights and privileges of rule-abiding Patrons, and inappropriate behavior by Patrons or their Guests will not be tolerated.
Suspension of Access and Use Privileges. The District, through its Board, District Manager, Amenity Manager and District Counsel shall have the right to restrict, suspend or terminate the Amenity privileges of any person to use the Amenities for any of the following behavior:
Submits false information on any application for use of the Amenities;
Permits the unauthorized use of an Access Card;
Exhibits unsatisfactory behavior, deportment or appearance;
Fails to pay amounts owed to the District in a proper and timely manner;
Fails to abide by any District rules or policies (e.g., Amenity Policies);
Treats the District’s supervisors, staff, general/amenity management, contractors or other representatives, or other residents or guests, in an unreasonable or abusive manner;
Damages or destroys District property; or
Engages in conduct that is improper or likely to endanger the health, safety, or welfare of the District, or its supervisors, staff, amenities management, contractors or other representatives, or other residents or guests.
Authority of District Staff and Members of the Board of Supervisors. District Staff or their designee, and any member of the Board of Supervisors, may remove any person from one or all Amenities if any of the above-referenced behaviors are exhibited or actions committed or if in his/her reasonable discretion it is the District’s best interests to do so. District Staff may at any time restrict or suspend for cause or causes, including but not limited to those described above, any person’s privileges to use any or all of the Amenities until the next regularly scheduled meeting of the Board of Supervisors.
Process for Suspension or Termination of Access and Use Privileges. Subject to the rights of District Staff set forth in Paragraph (3) above, the following process shall govern suspension and termination of privileges:
Offenses:
First Offense: Verbal warning by District Staff and suspension from the Amenities for up to one (1) week from the commencement of the suspension. Violation is recorded by District Staff, signed by the individual offender(s), and held on file by the District.
Second Offense: Automatic suspension of all Amenity privileges for up to thirty (30) days from the commencement of the suspension, with the preparation by District Staff of a written report to be signed by the offender(s) and filed with the District.
Third Offense: Suspension of all Amenity privileges for up to one (1) year. Such suspension shall run to the next regular meeting of the Board of Supervisors. At said meeting, the record of all previous offenses will be presented to the Board for recommendation of termination of the offender(s) privileges for one (1) calendar year. The length of the suspension is in the discretion of the Board and may be for less than one (1) year.
Each offense shall expire one (1) year after such offense was committed, at which time the number of offenses on record for such offender(s) shall be reduced by one. For example, if a first offense is committed on February 1 and a second offense on August 1, there will be two offenses on record until February 1 of the following year, at which time the first offense will expire and the second

offense will thereafter be considered a first offense until it expires on the following August 1. The provisions of this Paragraph shall not at any time serve to reduce any suspensions or terminations, which may have been imposed prior to the expiration of any offenses
Notwithstanding the foregoing, any time a user of the Amenity is arrested for an act committed, or allegedly committed, while on the premises of the Amenity, or violates these Policies in a manner that, in the discretion of the District Staff upon consultation with one Board member, justifies suspension beyond the guidelines set forth above, such offender shall have all amenity privileges immediately suspended until the next Board of Supervisors meeting. At the Board meeting, the Board will be presented with the facts surrounding the arrest or violation and the Board may make a recommendation of suspension or termination of the offender’s privileges, which suspension or termination may include members of the offender’s Household and may, upon the first offense, equal to or exceed one year. Situations that pose a long term or continuing threat to the health, safety and welfare of the District and its residents and users, permanent termination of Amenity privileges may be warranted and considered.
Any suspension or termination of Amenity privileges may be appealed to the Board of Supervisors for reversal or reduction. The Board’s decision on appeal shall be final and binding.

Legal Action; Criminal Prosecution. If any person is found to have committed any of the infractions noted in Paragraph 2 above, such person may additionally be subject to arrest for trespassing or other applicable legal action, civil or criminal in nature.

USE AT OWN RISK; INDEMNIFICATION
Any Patron, Guest, or other person who participates in the Activities (as defined below), shall do so at his or her own risk, and said Patron, Guest or other person and any of his or her Guests and any members of his or her Household shall indemnify, defend, release, hold harmless and forever discharge the District and its present, former and future supervisors, staff, officers, employees, representatives, agents and contractors of each (together, “Indemnitees”), for any and all liability, claims, lawsuits, actions, suits or demands, whether known or unknown, in law or equity, by any individual of any age, or any corporation or other entity, for any and all loss, injury, damage, theft, real or personal property damage, expenses (including attorneys’ fees, costs and other expenses for investigation and defense and in connection with, among other proceedings, alternative dispute resolution, trial court and appellate proceedings), and harm of any kind or nature arising out of or in connection with his or her participation in the Activities, regardless of determination of who may be wholly or partially at fault.

Should any Patron, Guest, or other person bring suit against the Indemnitees in connection with the Activities or relating in any way to the Amenities, and fail to obtain judgment therein against the Indemnitees, said Patron, Guest, or other person shall be liable to the District for all attorneys’ fees, costs and other expenses for investigation and defense and in connection with, among other proceedings, alternative dispute resolution, trial court, and appellate proceedings.

The waiver of liability contained herein does not apply to any act of intentional, willful or wanton misconduct by the Indemnitees.

For purposes of this section, the term “Activities” shall mean the use of or acceptance of the use of the Amenities, or engagement in any contest, game, function, exercise, competition, sport, event or other activity operated, organized, arranged or sponsored by the District, its contractors or third parties authorized by the District.

SOVEREIGN IMMUNITY
Nothing herein shall constitute or be construed as a waiver of the Districts’ sovereign immunity, or limitations on liability contained in Section 768.28, F.S., or other statutes or law.

SEVERABILITY
The invalidity or unenforceability of any one or more provisions of these policies shall not affect the validity or enforceability of the remaining provisions, or any part of the policies not held to be invalid or unenforceable.

AMENDMENTS AND WAIVERS
The Board in its sole discretion may amend these Amenity Policies from time to time. The Board by vote at a public meeting or the District Manager may elect in its/their sole discretion at any time to grant waivers to any of the provisions of these Amenity Policies, provided however that the Board is informed within a reasonable time of any such waivers.

The above Amenity Policies and Rates were adopted on 	, 2022 by the Board of Supervisors for the Cypress Park Estates Community Development District, at a duly noticed public hearing and meeting.

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	Amenity Rates
Exhibit B:	Amenity Access Registration Form

Exhibit A Amenity Rates

Type	Rate	
Annual User Fee	$2,500.00	
Replacement Access Card	$30.00	

Exhibit b
Amenities Access Registration Form

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT AMENITIES ACCESS REGISTRATION FORM

NAME:		

ADDRESS:			

HOME TELEPHONE:	
CELL PHONE:		

EMAIL ADDRESS:			

ADDITIONAL RESIDENT 1:		
DOB IF UNDER 18	

ADDITIONAL RESIDENT 2:		
DOB IF UNDER 18	

ADDITIONAL RESIDENT 3:		
DOB IF UNDER 18	

ADDITIONAL RESIDENT 4:		
DOB IF UNDER 18	

ADDITIONAL RESIDENT 5:		
DOB IF UNDER 18	

ACCEPTANCE:

I acknowledge receipt of the Access Card(s) for the above listed residents and that the above information is true and correct. I understand that I have willingly provided all the information requested above and that it may be used by the District for various purposes. I also understand that by providing this information that it may be accessed under public records laws. I also understand that I am financially responsible for any damages caused by me, my family members or my guests and the damages resulting from the loss or theft of my or my family members’ Access Card. It is understood that Access Cards are the property of the District and are non-transferable except in accordance with the District’s rules, policies and/or regulations, and any necessary replacement will be at an applicable Replacement Access Card fee. In consideration for the admittance of the above listed persons and their guests into the facilities owned and operated by the District, I agree to hold harmless and release the District, its supervisors, agents, officers, professional staff and employees from any and all liability for any injuries that might occur, whether such occurrence happens wholly or in part by me or my family members’ or guests’ fault, in conjunction with the use of any of the District’s Amenity Facilities (as defined in the District’s Amenity Policies & Rates), as well while on the District’s property. Nothing herein shall be considered as a waiver of the District’s sovereign immunity or limits of liability beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28 Florida Statutes or other statute.

Signature of Patron (Parent or Legal Guardian if Minor)	Date

AFFIDAVIT OF RESIDENCY: (REQUIRED IF LEGAL FORM OF PROOF OF RESIDENCY NOT PROVIDED)

I hereby state that the address listed above is the bona fide residence for all residents listed in this Amenities Access Registration Form and that such address is located within the Cypress Park Estates Community Development District. I acknowledge that a false statement in this affidavit may subject me to penalties for making a false statement pursuant to Section 837.06, Florida Statutes. I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief.

Signature of Patron State of Florida
County of 	

The foregoing was acknowledged before me by means of ▢ physical presence or ▢ online notarization this 	 day of 	, 20  , by
	 who is [ ] personally known to me or [ ] produced 	 as identification.

(NOTARY SEAL)

Official Notary Public Signature

RECEIPT OF DISTRICT’S AMENITY POLICIES AND RATES:

I acknowledge that I have been provided a copy of and understand the terms in the Amenity Policies and Rates of the Cypress Park Estates Community Development District.

Signature of Patron
(Parent or Legal Guardian if minor)

Date

GUEST POLICY:

Please refer to the Amenity Policies and Rates for the most current policies regarding guests.

PLEASE RETURN THIS FORM TO:
Cypress Park Estates Community Development District Attn: Amenity Access Coordinator
219 East Livingston Street Orlando, Florida 32801
Telephone: (407) 841-5524
Email: amenityaccess@gmscfl.com

ADDITIONAL INFORMATION:

Phase 	 – 	 Phase 	 – 		Phase 	 – 	

New Construction: 		Re-Sale: 		Prior Owner: 	

Rental: 		Landlord/Owner: 	
Lease Term: 	 Tenant/Renter: 	

Access Card #

PRIMARY RESIDENT:

Staff Member Signature

Date Entered in System

Date Received

OFFICE USE ONLY:

Section VII

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA FINANCIAL REPORT
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA

TABLE OF CONTENTS

	  Page		
INDEPENDENT AUDITOR’S REPORT	1-2	
MANAGEMENT’S DISCUSSION AND ANALYSIS	3-6	
BASIC FINANCIAL STATEMENTS		
Government-Wide Financial Statements:		
Statement of Net Position	7	
Statement of Activities	8	
Fund Financial Statements:		
Balance Sheet – Governmental Funds	9	
Reconciliation of the Balance Sheet – Governmental Funds		
to the Statement of Net Position	10	
Statement of Revenues, Expenditures and Changes in Fund Balances –
Governmental Funds	
11	
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balances of Governmental Funds to the Statement of Activities	
12	
Notes to Financial Statements	13-20	
REQUIRED SUPPLEMENTARY INFORMATION		
Schedule of Revenues, Expenditures and Changes in Fund Balance –
Budget and Actual – General Fund	
21	
Notes to Required Supplementary Information	22	
OTHER INFORMATION		
Data Elements Required by Florida Statute 218.39(3)(c)	23	
INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS	

24-25	
INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10)
OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA	

26	
MANAGEMENT LETTER REQUIRED BY CHAPTER 10.550 OF THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA	
27-28	

INDEPENDENT AUDITOR’S REPORT

To the Board of Supervisors
Cypress Park Estates Community Development District City of Haines City, Florida

951 Yamato Road ▪ Suite 280
Boca Raton, Florida 33431
(561) 994-9299 ▪ (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

Report on the Financial Statements
We have audited the accompanying financial statements of the governmental activities and each major fund of Cypress Park Estates Community Development District, City of Haines City, Florida (“District”) as of and for the fiscal year ended September 30, 2021, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements as listed in the table of contents.
Management’s Responsibility for the Financial Statements
Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes 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.
Auditor’s Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in 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 from 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. In making those risk assessments, the auditor considers internal control relevant to the entity’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. Accordingly, we express no such opinion. 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.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the District as of September 30, 2021, and the respective changes in financial position thereof for the fiscal year ended September 30, 2021 then ended in accordance with accounting principles generally accepted in the United States of America.

Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Information

Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the District’s basic financial statements. The information for compliance with FL Statute 218.39
(3) (c) is not a required part of the basic financial statements. The information for compliance with FL Statute 218.39 (3) (c) has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it.

Other Reporting Required by Government Auditing Standards
In accordance with Government Auditing Standards, we have also issued our report dated June 21, 2022, on our consideration of the District’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the District’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District’s internal control over financial reporting and compliance.

June 21, 2022

MANAGEMENT’S DISCUSSION AND ANALYSIS

Our discussion and analysis of Cypress Park Estates Community Development District, City of Haines City, Florida (“District”) provides a narrative overview of the District’s financial activities for the fiscal year ended September 30, 2021. Please read it in conjunction with the District’s Independent Auditor’s Report, basic financial statements, accompanying notes and supplementary information to the basic financial statements.

FINANCIAL HIGHLIGHTS

The assets of the District exceeded its liabilities at the close of the most recent fiscal year resulting in a net position balance of $325,205.

The change in the District’s total net position in comparison with the prior fiscal year was
$329,243, an increase. The key components of the District’s net position and change in net position are reflected in the table in the government-wide financial analysis section.

At September 30, 2021, the District’s governmental funds reported combined ending fund balance of $606,002. The fund balance is restricted for debt service, and the remainder is unassigned deficit fund balance.

OVERVIEW OF FINANCIAL STATEMENTS

This discussion and analysis are intended to serve as the introduction to the District’s financial statements. The District’s basic financial statements are comprised of three components: 1) government- wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves.

Government-Wide Financial Statements

The government-wide financial statements are designed to provide readers with a broad overview of the District’s finances, in a manner similar to a private-sector business.

The statement of net position presents information on all the District’s assets, deferred outflows of resources, liabilities, and deferred inflows of resources with the residual amount being reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating.

The statement of activities presents information showing how the government’s net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods.

The government-wide financial statements include all governmental activities that are principally supported by Developer contributions and City contributions. The District does not have any business- type activities. The governmental activities of the District include the general government (management) function.

Fund Financial Statements

A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. The District has one fund category: governmental funds.

OVERVIEW OF FINANCIAL STATEMENTS (Continued)

Governmental Funds

Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near-term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a District’s near-term financing requirements.

Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the District’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities.

The District maintains three governmental funds for external reporting. Information is presented separately in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund, debt service fund, and capital projects fund, both of which are considered major funds.

The District adopts an annual appropriated budget for its general fund. A budgetary comparison schedule has been provided for the general fund to demonstrate compliance with the budget.

Notes to the Financial Statements

The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements.

GOVERNMENT-WIDE FINANCIAL ANALYSIS

As noted earlier, net position may serve over time as a useful indicator of an entity’s financial position. In the case of the District, assets exceeded liabilities at the close of the most recent fiscal year.

Key components of the District’s net position are reflected in the following table:

NET POSITION SEPTEMBER 30,
	2021	2020	

Current and other assets

$	1,520,638  $

39,084

Capital assets, net of depreciation			8,736,982		-	 Total assets		10,257,620	39,084 
Current liabilities	1,056,662	43,122
Long-term liabilities		8,875,753	-	
Total liabilities		9,932,415	43,122  Net position
Net investment in capital assets	(138,771)	-
Restricted	542,552	-
Unrestricted		(78,576)	(4,038)
Total net position	 $	325,205  $	(4,038)

GOVERNMENT-WIDE FINANCIAL ANALYSIS (Continued)

The District’s net position reflects its investment in capital assets (e.g. land, land improvements, and infrastructure) less any related debt used to acquire those assets that is still outstanding. These assets are used to provide services to residents; consequently, these assets are not available for future spending. Although the District’s investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities.

The restricted portion of the District’s net position represents resources that are subject to external restrictions on how they may be used.

The District’s net position increased during the most recent fiscal year. The majority of the increase was due to City contributions to partially fund certain improvements.

Key elements of the change in net position are reflected in the following table:

CHANGES IN NET POSITION
FOR THE FISCAL YEAR ENDED SEPTEMBER 30,
2021	2020

Revenues:
Program revenues
Operating grants and contributions	$	70,405	$	72,329	
Capital grants and contributions	1,031,647	-	
Total revenues	1,102,052	72,329	
Expenses:
General government	
70,745	
69,722	
Maintenance and operations	240	-	
Bond issue costs	399,782	6,645	
Interest	302,042	-	
Total expenses	772,809	76,367	
Change in net position	329,243	(4,038)	
Net position - beginning	(4,038)	-	
Net position - ending	$	325,205	$	(4,038)	

As noted above and in the statement of activities, the cost of all governmental activities during the fiscal year ended September 30, 2021 was $772,809. The costs of the District’s activities were funded by program revenues which were comprised of Developer contributions as well as contributions from the City of Haines City as part of a cost-sharing agreement. The substantial increase in expenses from the prior year is primarily the result of bond issuance costs and interest in the current year.

GENERAL BUDGETING HIGHLIGHTS

An operating budget was adopted and maintained by the governing board for the District pursuant to the requirements of Florida Statutes. The budget is adopted using the same basis of accounting that is used in preparation of the fund financial statements. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30, 2021.

CAPITAL ASSETS AND DEBT ADMINISTRATION

Capital Assets

At September 30, 2021, the District had $8,736,982 invested in capital assets for its governmental activities. More detailed information about the District’s capital assets is presented in the notes of the financial statements.

Capital Debt

At September 30, 2021, the District had $8,955,000 Bonds outstanding for its governmental activities. More detailed information about the District’s capital debt is presented in the notes of the financial statements.

ECONOMIC FACTORS AND NEXT YEAR’S BUDGETS AND OTHER EVENTS

For the subsequent fiscal year, the District anticipates that the cost of general operations will increase as the District is built out. Subsequent to fiscal year end, the District issued $7,865,000 of Special Assessment Bonds Series 2022, consisting of multiple term bonds with due dates ranging from May 1, 2027 - May 1, 2052 and fixed interest rates ranging from 4.375% to 5.125%. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District.

CONTACTING THE DISTRICT’S FINANCIAL MANAGEMENT

If you have questions about this report or need additional financial information, contact the Cypress Park Estates Community Development District’s Finance Department at 219 E. Livingston Street, Orlando, Florida, 32801.

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
STATEMENT OF NET POSITION SEPTEMBER 30, 2021

	Governmental
	Activities		
ASSETS		
Cash and cash equivalents	$	6,453	
Accounts receivable	101,230	
Due from Developer	39,319	
Restricted assets:		
Investments	1,373,636	
Capital assets:		
Nondepreciable		8,736,982 	
Total assets		10,257,620 	
LIABILITIES		
Accounts payable	40,069	
Contracts and retainage payable	874,567	
Accrued interest payable	142,026	
Non-current liabilities:		
Due within one year	170,000	
Due in more than one year		8,705,753 	
Total liabilities		9,932,415 	
NET POSITION		
Net investment in capital assets	(138,771)	
Restricted for debt service	542,552	
Unrestricted		(78,576) 	
Total net position	 $	325,205 	

See notes to the financial statements

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
STATEMENT OF ACTIVITIES
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021

Net (Expense) Revenue and Changes in
    Program Revenues	Net Position 

Operating Grants and

Capital Grants and

Governmental

Functions/Programs		Expenses	Contributions	Contributions	Activities	 Primary government:
Governmental activities:
General government	$	70,745	$	70,368	$	-	$	(377)	
Maintenance and operations	240	-	1,031,647	1,031,407	
Interest on long-term debt	302,042	37	-	(302,005)	
Bond issue costs		399,782		-		-	(399,782)  Total governmental activities		772,809	70,405	1,031,647		329,243 

Change in net position	329,243	
Net position - beginning		(4,038) 	
Net position - ending	 $	325,205 	

See notes to the financial statements

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30, 2021

	Major Funds		Total

Debt
General	Service

Capital Projects

Governmental Funds

ASSETS		
Cash and cash equivalents	$	6,453	$	-	$	-	$	6,453	
Investments	-	684,578	689,058	1,373,636	
Due from Developer	6,274	-	33,045	39,319	
Due from other funds	-	-	3,713	3,713	
Accounts receivable	-	-	101,230	101,230	
Total assets	$	12,727	$	684,578	$	827,046	$  1,524,351	

LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable	$	7,024	$	-	$	33,045	$	40,069	
Contracts and retainage payable	-	-	874,567	874,567	
Due to other funds	3,713	-	-	3,713	
Total liabilities	10,737	-	907,612	918,349	

Fund balances:				
Restricted for: Debt service	
-	
684,578	
-	
684,578	
Unassigned	1,990	-	(80,566)	(78,576)	
Total fund balances	1,990	684,578	(80,566)	606,002	

Total liabilities and fund balances

$	12,727	$

684,578	$

827,046

$  1,524,351

See notes to the financial statement

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
RECONCILIATION OF THE BALANCE SHEET - GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION
SEPTEMBER 30, 2021

Fund balance - governmental funds	$	606,002 Amounts reported for governmental activities in the statement of
net position are different because:

Capital assets used in governmental activities are not financial resources and, therefore, are not reported as assets in the governmental funds. The statement of net position includes those capital assets, net of any accumulated depreciation, in the net position of the government as a whole.
Cost of capital assets	8,736,982
Accumulated depreciation		-	8,736,982 

Liabilities not due and payable from current available resources are not reported as liabilities in the governmental fund statements. All liabilities, both current and long-term, are reported in the government-wide financial statements.
Accrued interest payable	(142,026)	
Original issue discount/premium	79,247	
Bonds payable		(8,955,000)	(9,017,779) 	
Net position of governmental activities	$	325,205	

See notes to the financial statement

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021

	Major Funds		Total
	
General	Debt
Service		Capital
Projects	Governmental
Funds	
REVENUES
Developer contributions	
$	75,085	
$	-		
$	39,690	
$	114,775	
City contributions	-	-		991,769	991,769	
Interest earnings	-		37	188	225	
Total revenues	75,085		37	1,031,647	1,106,769	

EXPENDITURES
Current:
General government	70,745	-	-	70,745	
Maintenance and operations	240	-	-	240	
Debt service:
Interest	
-	
160,016	
-	
160,016	
Bond issuance costs	-	-	399,782	399,782	
Capital outlay	-	-	8,736,982	8,736,982	
Total expenditures	70,985	160,016	9,136,764	9,367,765	

Excess (deficiency) of revenues over (under) expenditures	

4,100	

(159,979)	

(8,105,117)	

(8,260,996)	

OTHER FINANCING SOURCES (USES)
Transfers in (out)	

-	

454	

(454)	

-	
Bond proceeds	-	844,103	8,110,897	8,955,000	
Original Issue Discount	-	-	(79,247)	(79,247)	
Total other financing sources (uses)	-	844,557	8,031,196	8,875,753	

Net change in fund balances	
4,100	
684,578	
(73,921)	
614,757	
Fund balances - beginning	(2,110)	-	(6,645)	(8,755)	

Fund balances - ending	
$	1,990	
$	684,578	
$	(80,566)	
$	606,002	

See notes to the financial statements

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES
FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021

Net change in fund balances - total governmental funds	$	614,757	
Amounts reported for governmental activities in the statement of activities are different because:		
Governmental funds report capital outlays as expenditures; however, the cost of those assets is eliminated in the statement of activities and capitalized in the statement of net position.	

8,736,982	

Certain revenues were unavailable for the governmental fund financial statements in the prior fiscal year. In the current fiscal year, these revenues were recorded in the governmental fund financial statements.	

(4,717)	
Governmental funds report the face amount of Bonds issued as financial resources when debt is first issued, whereas these amounts are eliminated in the statement of activities and recognized as long- term liabilities in the statement of net position.	

(8,955,000)	
In connection with the issuance of the Bonds, the original issue discount/premium is reported as a financing use/source when debt is first issued, whereas this amount is eliminated in the statement of activities and reduces/increases long-term liabilities in the statement of net position.	

79,247	
The change in accrued interest on long-term liabilities between the current and prior fiscal year is recorded in the statement of activities but not in the governmental fund financial statements.	

	(142,026) 	
Change in net position of governmental activities	$	329,243	

See notes to the financial statements

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
NOTES TO FINANCIAL STATEMENTS

NOTE 1 - NATURE OF ORGANIZATION AND REPORTING ENTITY

Cypress Park Estates Community Development District (the "District") was established by the City Council of City of Haines City’s approval of Ordinance No. 2019-1664 effective on December 5, 2019 pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non-ad valorem assessments for the financing and delivery of capital infrastructure.

The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District.

The District is governed by the Board of Supervisors ("Board"), which is composed of five members. The Supervisors are elected on an at large basis by the owners of the property within the District. The Board exercises all powers granted to the District pursuant to Chapter 190, Florida Statutes. As of September 30, 2021, all of the Board members are affiliated with KRPC East Johnson LLC (“Developer”).

The Board has the responsibility for:
Allocating and levying assessments.
Approving budgets.
Exercising control over facilities and properties.
Controlling the use of funds generated by the District.
Approving the hiring and firing of key personnel.
Financing improvements.

The financial statements were prepared in accordance with Governmental Accounting Standards Board (“GASB”) Statements. Under the provisions of those standards, the financial reporting entity consists of the primary government, organizations for which the District is considered to be financially accountable and other organizations for which the nature and significance of their relationship with the District are such that, if excluded, the financial statements of the District would be considered incomplete or misleading. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

Government-Wide and Fund Financial Statements
The basic financial statements include both government-wide and fund financial statements.

The government-wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the non-fiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements.

The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment; operating- type special assessments for maintenance and debt service are treated as charges for services and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not included among program revenues are reported instead as general revenues.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Measurement Focus, Basis of Accounting and Financial Statement Presentation
The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Assessments are recognized as revenues in the year for which they are levied. Grants and similar items are to be recognized as revenue as soon as all eligibility requirements imposed by the provider have been met.

Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures are recorded only when payment is due.

Assessments
Assessments are non-ad valorem assessments on benefited property within the District. Operating and maintenance assessments are based upon the adopted budget and levied annually at a public hearing of the District. Debt service assessments are levied when Bonds are issued and assessed and collected on an annual basis. The District may collect assessments directly or utilize the uniform method of collection under Florida Statutes. Direct collected assessments are due as determined by annual assessment resolution adopted by the Board of Supervisors. Assessments collected under the uniform method are mailed by the County Tax Collector on November 1 and due on or before March 31 of each year. Property owners may prepay a portion or all of the debt service assessments on their property subject to various provisions in the Bond documents.

Assessments and interest associated with the current fiscal period are considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. The portion of assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period.

The District reports the following major governmental funds:

General Fund
The general fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund.

Debt Service Fund
The debt service fund is used to account for the accumulation of resources for the annual payment of principal and interest on long-term debt.

Capital Projects Fund
This fund accounts for the financial resources to be used for the acquisition or construction of major infrastructure within the District.

As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements.

When both restricted and unrestricted resources are available for use, it is the government’s policy to use restricted resources first for qualifying expenditures, then unrestricted resources as they are needed.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Assets, Liabilities and Net Position or Equity

Restricted Assets
These assets represent cash and investments set aside pursuant to Bond covenants or other contractual restrictions.

Deposits and Investments
The District’s cash and cash equivalents are considered to be cash on hand and demand deposits (interest and non-interest bearing).

The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section
218.415 (17) Florida Statutes. The District may invest any surplus public funds in the following:

The Local Government Surplus Trust Funds, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act;
Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency;
Interest bearing time deposits or savings accounts in qualified public depositories;
Direct obligations of the U.S. Treasury.

Securities listed in paragraph c and d shall be invested to provide sufficient liquidity to pay obligations as they come due.

The District records all interest revenue related to investment activities in the respective funds. Investments are measured at amortized cost or reported at fair value as required by generally accepted accounting principles.

Prepaid Items
Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government-wide and fund financial statements.

Capital Assets
Capital assets which include property, plant and equipment, and infrastructure assets (e.g., roads, sidewalks and similar items) are reported in the government activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at acquisition value at the date of donation.

The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed.

Unearned Revenue
Governmental funds report unearned revenue in connection with resources that have been received, but not yet earned.

Long-Term Obligations
In the government-wide financial statements long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are deferred and amortized over the life of the Bonds. Bonds payable are reported net of applicable premiums or discounts. Bond issuance costs are expensed when incurred.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Assets, Liabilities and Net Position or Equity (Continued)

Long-Term Obligations (Continued)
In the fund financial statements, governmental fund types recognize premiums and discounts, as well as issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures.

Deferred Outflows/Inflows of Resources
In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then.

In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time.

Fund Equity/Net Position
In the fund financial statements, governmental funds report non spendable and restricted fund balance for In the fund financial statements, governmental funds report non spendable and restricted fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Assignments of fund balance represent tentative management plans that are subject to change.

The District can establish limitations on the use of fund balance as follows:

Committed fund balance – Amounts that can be used only for the specific purposes determined by a formal action (resolution) of the Board of Supervisors. Commitments may be changed or lifted only by the Board of Supervisors taking the same formal action (resolution) that imposed the constraint originally. Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category.

Assigned fund balance – Includes spendable fund balance amounts established by the Board of Supervisors that are intended to be used for specific purposes that are neither considered restricted nor committed. The Board may also assign fund balance as it does when appropriating fund balance to cover differences in estimated revenue and appropriations in the subsequent year’s appropriated budget. Assignments are generally temporary and normally the same formal action need not be taken to remove the assignment.

The District first uses committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used.

Net position is the difference between assets and deferred outflows of resources less liabilities and deferred inflows of resources. Net position in the government-wide financial statements are categorized as net investment in capital assets, restricted or unrestricted. Net investment in capital assets represents net position related to infrastructure and property, plant and equipment. Restricted net position represents the assets restricted by the District’s Bond covenants or other contractual restrictions. Unrestricted net position consists of the net position not meeting the definition of either of the other two components.

NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)

Other Disclosures

Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates.

NOTE 3 - BUDGETARY INFORMATION

The District is required to establish a budgetary system and an approved Annual Budget. Annual Budgets are adopted on a basis consistent with generally accepted accounting principles for the general fund. All annual appropriations lapse at fiscal year-end.

The District follows these procedures in establishing the budgetary data reflected in the financial statements.
Each year the District Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1.
Public hearings are conducted to obtain comments.
Prior to October 1, the budget is legally adopted by the District Board.
All budget changes must be approved by the District Board.
The budgets are adopted on a basis consistent with generally accepted accounting principles.
Unused appropriations for annually budgeted funds lapse at the end of the year.

NOTE 4 – DEPOSITS AND INVESTMENTS

Deposits
The District’s cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act", requires all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses.

Investments
The District’s investments were held as follows at September 30, 2021:

 Amortized Cost	Credit Risk	Maturities	
Weighted average of the fund

First American Treasury Obligation Fd Cl V

 $	1,373,636 	S&P AAAm
 $	1,373,636 

portfolio: 26 days

Credit risk – For investments, credit risk is generally the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Investment ratings by investment type are included in the preceding summary of investments.

NOTE 4 – DEPOSITS AND INVESTMENTS (Continued)

Investments (Continued)
Concentration risk – The District places no limit on the amount the District may invest in any one issuer.

Interest rate risk – The District does not have a formal policy that limits investment maturities as a means of managing exposure to fair value losses arising from increasing interest rates.

However, the Bond Indenture limits the type of investments held using unspent proceeds.

Fair Value Measurement – When applicable, the District measures and records its investments using fair value measurement guidelines established in accordance with GASB Statements. The framework for measuring fair value provides a fair value hierarchy that prioritizes the inputs to valuation techniques.

These guidelines recognize a three-tiered fair value hierarchy, in order of highest priority, as follows:
Level 1:	Investments whose values are based on unadjusted quoted prices for identical investments in active markets that the District has the ability to access;
Level 2: Investments whose inputs - other than quoted market prices - are observable either directly or indirectly; and,
Level 3: Investments whose inputs are unobservable.

The fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the entire fair value measurement. Valuation techniques used should maximize the use of observable inputs and minimize the use of unobservable inputs.

Money market investments that have a maturity at the time of purchase of one year or less and are held by governments other than external investment pools should be measured at amortized cost. Accordingly, the District’s investments have been reported at amortized cost above.

NOTE 5 – CAPITAL ASSETS

Capital asset activity for the fiscal year ended September 30, 2021 was as follows:
Beginning

Ending

Governmental activities
Capital assets, not being depreciated

Balance

Additions	Reductions

Balance

Infrastructure under construction	$	-	$	8,736,982	$	-	$	8,736,982	
Total capital assets, not being depreciated	
-	8,736,982	-	8,736,982	

Governmental activities capital assets, net	

$	-	$	8,736,982	$	-	$	8,736,982	
The infrastructure intended to serve	
the District has been estimated at a total cost of approximately	
$22,500,000.	The infrastructure will include public roadway improvements, stormwater management facilities, master sanitary sewer lift station and utilities, entry feature, landscaping and signage, and parks and recreational facilities. A portion of the project costs was expected to be financed with the proceeds from the issuance of Bonds with the remainder to be funded by the Developer and conveyed to the District. The District reimbursed the Developer $447,756 for costs related to the project. Upon completion, certain improvements are to be conveyed to others for ownership and maintenance responsibilities. The Developer contributed $39,690 towards the infrastructure improvement during the current fiscal year.

As part of a contract between the Developer and the City of Haines, Florida (“City) for cost-sharing services of water and wastewater services, the City reimbursed the District $991,769 for contracts that were assigned to the District from the Developer.

NOTE 6 – LONG-TERM LIABILITIES

Series 2020
On November 12, 2020, the District issued $8,955,000 of Special Assessment Bonds, Series 2020 Assessment Area 1 consisting of $7,770,000 Term Bonds due on May 1, 2051 and Series 2020 Assessment Area 2 consisting of $1,185,000 due on May 1, 2051 with fixed interest rates ranging from 2.625% to 4.125%. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District. Interest is to be paid semiannually on each May 1 and November 1. Principal on the Bonds is to be paid serially commencing May 1, 2022 through May 1, 2051.

The Series 2020 Bonds are subject to redemption prior to maturity as outlined in the Bond Indenture.. The Bonds are also subject to mandatory sinking fund redemption prior to their selected maturity in the manner outlined in the Bond Indenture. determined by the Bond Registrar if certain events occurred as outlined in the Bond Indenture.

The Bond Indenture established a debt service reserve requirement as well as other restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to property owners. The District agrees to levy special assessments in annual amounts adequate to provide payment of debt service and to meet the reserve requirements

Long-term Debt Activity
Changes in long-term liability activity for the fiscal year ended September 30, 2021 were as follows:

	Beginning
Balance	
Additions	
Reductions	Ending
Balance	Due Within
One Year	
Governmental activities Bonds Payable:
Series 2020	

$	

-	$	8,955,000	

$	-	$	

8,955,000	

$	170,000	
Less: Original issue discount		-	(79,247)	-	(79,247)	-	
Total	$	-	$	8,875,753	$	-	$	8,875,753	$	170,000	
At September 30, 2021, the scheduled debt service requirements on the long-term debt were as follows:

Year ending

	Governmental Activities	

  September 30:	Principal	Interest	Total	
2022	$	170,000	$	340,862	$	510,862	
2023	175,000	336,124	511,124	
2024	175,000	331,256	506,256	
2025	185,000	326,388	511,388	
2026	190,000	321,188	511,188	
2027-2031	1,055,000	1,506,160	2,561,160	
2032-2036	1,270,000	1,296,592	2,566,592	
2037-2041	1,545,000	1,029,042	2,574,042	
2042-2046	1,890,000	696,094	2,586,094	
2047-2051		2,300,000	284,576	2,584,576 
Total	 $	8,955,000	$	6,468,282	$	15,423,282 

NOTE 7 – DEFICIT FUND EQUITY

The capital project fund has a deficit fund balance of ($80,566) at September 30, 2021. The deficit will be eliminated by contributions collected from the Developer in the subsequent period, in lieu of any improvements that remain to be funded by the City for cost-sharing of water and wastewater services as stated in the cost-sharing agreement.

NOTE 8 - DEVELOPER TRANSACTIONS

The Developer has agreed to fund the general operations of the District. In connection with that agreement, Developer contributions to the general fund were $75,085 which includes a receivable of
$6,274 at September 30, 2021.

NOTE 9 - CONCENTRATION

The District’s activity is dependent upon the continued involvement of the Developer and major landowners, the loss of which could have a material adverse effect on the District’s operations.

NOTE 10 - MANAGEMENT COMPANY

The District has contracted with a management company to perform services which include financial and accounting advisory services. Certain employees of the management company also serve as officers of the District. Under the agreement, the District compensates the management company for management, accounting, financial reporting, computer and other administrative costs.

NOTE 11 - RISK MANAGEMENT

The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The District has obtained commercial insurance from independent third parties to mitigate the costs of these risks; coverage may not extend to all situations. There were no settled claims since inception of the District.

NOTE 12 – SUBSEQUENT EVENTS

Bond Issuance
Subsequent to fiscal year end, the District issued $7,865,000 of Special Assessment Bonds Series 2022, consisting of multiple term bonds with due dates ranging from May 1, 2027 - May 1, 2052 and fixed interest rates ranging from 4.375% to 5.125%. The Bonds were issued to finance the acquisition and construction of certain improvements for the benefit of the District.

Bond Payments
Subsequent to fiscal year end, the District prepaid a total of $97,500 of the Series 2020 Assessment Area One Bonds. The prepayments were considered extraordinary mandatory redemptions as outlined in the Bond Indenture.

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL – GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2021

	
Budgeted
	Amounts	 Original & Final	

Actual Amounts	Variance with Final Budget - Positive
(Negative)	

REVENUES
Developer contributions	

$	183,686	

$	75,085	

$	(108,601)	
Total revenues	183,686	75,085	(108,601)	

EXPENDITURES
Current:
General government	106,646	70,745	35,901	
Maintenance and operations	77,040	240	76,800	
Total expenditures	183,686	70,985	112,701	

Excess (deficiency) of revenues over (under) expenditures	

 $	-		

4,100	

 $	4,100 	
Fund balance - beginning			(2,110) 		
Fund balance - ending		 $	1,990 		

See notes to required supplementary information

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
NOTES TO REQUIRED SUPPLEMENTARY INFORMATION

The District is required to establish a budgetary system and an approved Annual Budget for the general fund. The District’s budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with accounting principles generally accepted in the United States of America (generally accepted accounting principles).

The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30, 2021.

CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT CITY OF HAINES CITY, FLORIDA
OTHER INFORMATION – DATA ELEMENTS REQUIRED BY FLORIDA STATUTE 218.39(3)(C) UNAUDITED

Element	Comments	
Number of district employees compensated at 9/30/2021	0	
Number of independent contractors compensated in September 20XX	2	
Employee compensation for FYE 9/30/2021 (paid/accrued)	$	-	
Independent contractor compensation for FYE 9/30/2021	$	8,414,885	
Construction projects to begin on or after October 1; (>$65K)		
Series 2020 A1 & A2	$7,031,145	
Budget variance report	See page 21 of annual financial report	
Ad Valorem taxes;	Not applicable	
Millage rate FYE 9/30/2021	Not applicable	
Ad valorem taxes collected FYE 9/30/2021	Not applicable	
Outstanding Bonds:	Not applicable	
		
Non ad valorem special assessments;		
Special assessment rate FYE 9/30/2021	Operations and maintenance - $0	
	Debt service - $0	
Special assessments collected FYE 9/30/2021	$	-	
Outstanding Bonds:		
Series 2020A1 & A2, due May 1, 2051,	see Note 6 for details	

951 Yamato Road ▪ Suite 280
Boca Raton, Florida 33431
(561) 994-9299 ▪ (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

To the Board of Supervisors
Cypress Park Estates Community Development District City of Haines City, Florida

We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and each major fund of Cypress Park Estates Community Development District, City of Haines City, Florida (“District”) as of and for the fiscal year ended September 30, 2021, and the related notes to the financial statements, which collectively comprise the District’s basic financial statements, and have issued our opinion thereon dated June 21, 2022.
Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the District’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District’s internal control. Accordingly, we do not express an opinion on the effectiveness of the District’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified.
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the District’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

June 21, 2022

951 Yamato Road ▪ Suite 280
Boca Raton, Florida 33431
(561) 994-9299 ▪ (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

INDEPENDENT AUDITOR’S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA

To the Board of Supervisors
Cypress Park Estates Community Development District City of Haines City, Florida

We have examined Cypress Park Estates Community Development District, City of Haines City, Florida’s (“District”) compliance with the requirements of Section 218.415, Florida Statutes, in accordance with Rule 10.556(10) of the Auditor General of the State of Florida during the fiscal year ended September 30, 2021. Management is responsible for District’s compliance with those requirements. Our responsibility is to express an opinion on District’s compliance based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the District complied, in all material respects, with the specified requirements referenced in Section 218.415, Florida Statutes. An examination involves performing procedures to obtain evidence about whether the District complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the District’s compliance with specified requirements.

In our opinion, the District complied, in all material respects, with the aforementioned requirements for the fiscal year ended September 30, 2021.

This report is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, management, and the Supervisors of Cypress Park Estates Community Development District, City of Haines City, Florida and is not intended to be and should not be used by anyone other than these specified parties.

June 21, 2022

951 Yamato Road ▪ Suite 280
Boca Raton, Florida 33431
(561) 994-9299 ▪ (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA

To the Board of Supervisors
Cypress Park Estates Community Development District City of Haines City, Florida

Report on the Financial Statements

We have audited the accompanying basic financial statements of Cypress Park Estates Community Development District, City of Haines City, Florida ("District") as of and for the fiscal year ended September 30, 2021, and have issued our report thereon dated June 21, 2022.

Auditor’s Responsibility

We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Florida Auditor General.

Other Reporting Requirements

We have issued our Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards; and Independent Auditor’s Report on an examination conducted in accordance with AICPA Professional Standards, AT-C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports, which are dated June 21, 2022, should be considered in conjunction with this management letter.

Purpose of this Letter

The purpose of this letter is to comment on those matters required by Chapter 10.550 of the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the financial statements of the District, as described in the first paragraph, we report the following:

Current year findings and recommendations.
Status of prior year findings and recommendations.
Compliance with the Provisions of the Auditor General of the State of Florida.

Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, as applicable, management, and the Board of Supervisors of Cypress Park Estates Community Development District, City of Haines City, Florida and is not intended to be and should not be used by anyone other than these specified parties.

We wish to thank Cypress Park Estates Community Development District, City of Haines City, Florida and the personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future engagements, and the courtesies extended to us.

June 21, 2022

REPORT TO MANAGEMENT

CURRENT YEAR FINDINGS AND RECOMMENDATIONS

None

PRIOR YEAR FINDINGS AND RECOMMENDATIONS

None

COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA

Unless otherwise required to be reported in the auditor’s report on compliance and internal controls, the management letter shall include, but not be limited to the following:

A statement as to whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report.

There were no significant findings and recommendations made in the preceding annual financial audit report for fiscal year ended September 30, 2020.

Any recommendations to improve the local governmental entity's financial management.

There were no such matters discovered by, or that came to the attention of, the auditor, to be reported for the fiscal year ended September 30, 2021.

Noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance.

There were no such matters discovered by, or that came to the attention of, the auditor, to be reported, for the fiscal year ended September 30, 2021.

The name or official title and legal authority of the District are disclosed in the notes to the financial statements.

The District has not met one or more of the financial emergency conditions described in Section 218.503(1), Florida Statutes.

We applied financial condition assessment procedures and no deteriorating financial conditions were noted as of September 30, 2021. It is management’s responsibility to monitor financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same.

Management has provided the specific information required by Section 218.39(3)(c) in the Other Information section of the financial statements on page 23.

Section VIII

RESOLUTION 2022-10

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRPERSON, VICE CHAIRPERSON, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF $7,865,000 CYPRESS	PARK	ESTATES	COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, SERIES 2022; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Cypress Park Estates Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Haines City, Florida; and

WHEREAS, the District previously adopted Resolution Nos. 2020-23 and 2022-03 adopted on December 11, 2019 and April 26, 2022, respectively, (collectively, the “Bond Resolution”), authorizing the issuance of $7,865,000 Cypress Park Estates Community Development District Special Assessment Bonds, Series 2022 (the “Series 2022 Bonds”), for the purpose of financing a portion of the acquisition and/or construction of the District’s “Series 2022 Project”; and

WHEREAS, the District closed on the issuance of the Series 2022 Bonds on June 15, 2022; and

WHEREAS, as prerequisites to the issuance of the Series 2022 Bonds, the Chairperson, Vice Chairperson, Treasurer, Secretary, Assistant Secretaries, and District staff including the District Manager, District Financial Advisor, District Counsel and Bond Counsel (the “District Staff”) were required to execute and deliver various documents (the “Closing Documents”); and

WHEREAS, the District desires to ratify, confirm, and approve all actions of the District Chairperson, Vice Chairperson, Treasurer, Secretary, Assistant Secretaries, and District Staff in closing on the issuance of the Series 2022 Bonds.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CYPRESS PARK ESTATES COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The issuance of the Series 2022 Bonds, the adoption of resolutions relating to such bonds, and all actions taken in the furtherance of the closing on such bonds, are hereby declared and affirmed as being in the best interests of the District and are hereby ratified, approved, and confirmed by the Board of Supervisors of the District.

SECTION 2. The actions of the Chairperson, Vice Chairperson, Treasurer, Secretary, Assistant Secretaries, and all District Staff in finalizing the closing and issuance of the Series 2022 Bonds, including the execution and delivery of the Closing Documents, and such other certifications or other documents required for the closing on the Series 2022 Bonds, are determined to be in accordance with the prior authorizations of the Board and are hereby ratified, approved, and confirmed in all respects.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its adoption.

PASSED AND ADOPTED this 28th day of June 2022.

ATTEST:	CYPRESS PARK ESTATES
COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chairperson, Board of Supervisors

Section IX

Item will be provided under separate cover.

Section X

SECTI--O	·C

Cypress Park Estates CDD
Field Management Report

June 28, 2022
Clayton Smith Field Services Manager
GMS

Landscape Review

Converting to contracted services with landscaper.
Review of new landscaping at amenity.

Complete

Landscape Review

Complete

Landscape Review

Amenity Review

`

Monitoring amenity progress with builder. Finalizing approved contracts.
Review and follow ups on punch listed items with builder.
Pool maintenance transitioned to approved vendor.

Landscape Review

Coordinating with Spectrum to get ISP infrastructure to installed.

Cameras

Internet

4

In Progress

RFPs sent for camera system at amenity.
Assembling proposals.

Cypress Park Estates CDD Field Management Report | GMS 2022

Landscape Review

Upcoming

Fountain

Monitoring entry fountain.
Forecasting for fountain maintenance.

Conclusion

For any questions or comments regarding the above information, please contact me by phone at 407-201-1514, or by email at csmith@gmscfl.com. Thank you.

Respectfully, Clayton Smith

Section D

SECTION 1

Cypress Park Estates
Community Development District
Summary of Invoices

May 15,2022 to June 20, 2022

Fund	Date	Check No.'s	Amount	
General Fund	5/16/22	112-115	$	13,596.09	
	6/2/22	116-119	$	1,210.17	
	6/16/22	120-122	$	9,154.18	
			$	23,960.44	
			$	23,960.44	

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	6/21/22	PAGE	1
*** CHECK DATES 05/16/2022 - 06/20/2022 ***	CYPRESS PARK ESTATES - GENERAL
BANK A GENERAL FUND
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...		VENDOR NAME	STATUS	AMOUNT	....CHECK..... DATE			DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS				AMOUNT	#

5/16/22 00003	5/01/22	
	5/01/22	
	5/01/22	
	5/01/22	
	5/01/22	
	5/01/22	
	5/01/22	

	*	3,004.17		
	*	100.00			
	*	150.00			
	*	500.00			
		*	2.68			

36	202205 310-51300-34000
MANAGEMENT FEES - MAY 22
36	202205 310-51300-35200
WEBSITE ADMIN - MAY 22
36	202205 310-51300-35100
INFO TECHNOLOGY - MAY 22
36	202205 310-51300-31300
DISSEMINATION - MAY 22
36	202205 310-51300-51000

202205	310-51300-42000	*	2.86	
202205	320-53800-34000	*	625.00	

OFFICE SUPPLIES 36
POSTAGE 37
FIELD MANAGEMENT - MAY 22
GOVERNMENTAL MANAGEMENT SERVICES	4,384.71 000112
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5/16/22 00010	4/04/22 22254	202204 310-51300-32200	*	4,500.00
AUDIT FYE 09/30/21
GRAU AND ASSOCIATES	4,500.00 000113
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5/16/22 00023	4/26/22 63695-04 202204 320-53800-43200	*	1,049.57
4701 BAKER DAIRY RD-APR22
4/26/22 63696-04 202204 320-53800-43200	*	1,083.05
5150 E JOHNSON AVE-APR22
4/26/22 64455-04 202204 320-53800-43200	*	178.76
4975 BAKER DAIRY RD-APR22
CITY OF HAINES CITY	2,311.38 000114
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5/16/22 00024	4/27/22 5883	202204 320-53800-46200	*	1,200.00
ONE TIME MOW COMMON AREAS
5/09/22 5965	202205 320-53800-46200	*	1,200.00
ONE TIME MOW COMMON AREAS
PRINCE & SONS INC.	2,400.00 000115
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/02/22 00006	5/24/22 HM052420 202205 310-51300-11000	*	200.00
SUPERVISOR FEE 5/24/22
HYZENS MARC	200.00 000116
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/02/22 00015	5/17/22 2335	202204 310-51300-31500	*	610.17
GENERAL COUNSEL - APR 22
KE LAW GROUP, PLLC	610.17 000117
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/02/22 00008	5/24/22 MT052420 202205 310-51300-11000	*	200.00
SUPERVISOR FEE 5/24/22
MCKINZIE TERRILL	200.00 000118
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
CPE	CYP PARK EST	CWRIGHT

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	6/21/22	PAGE	2
*** CHECK DATES 05/16/2022 - 06/20/2022 ***	CYPRESS PARK ESTATES - GENERAL
BANK A GENERAL FUND
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...		VENDOR NAME	STATUS	AMOUNT	....CHECK..... DATE			DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS				AMOUNT	#
6/02/22 00011	5/24/22 SS052420 202205 310-51300-11000	*	200.00
SUPERVISOR FEE 5/24/22
SCOTT SHAPIRO	200.00 000119
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/16/22 00003	6/01/22 38	202206 310-51300-34000	*	3,004.17
MANAGEMENT FEES JUNE 22
6/01/22 38	202206 310-51300-35200	*	100.00
WEBSITE ADMIN JUNE 22
6/01/22 38	202206 310-51300-35100	*	150.00
INFO TECHNOLOGY JUNE 22
6/01/22 38	202206 310-51300-31300	*	500.00
DISSEMINATION JUNE 22
6/01/22 38	202206 310-51300-51000	*	2.86
OFFICE SUPPLIES
6/01/22 38	202206 310-51300-42000	*	6.62
POSTAGE
6/01/22 39	202206 320-53800-34000	*	625.00
FIELD MANAGEMENT JUNE 22
GOVERNMENTAL MANAGEMENT SERVICES	4,388.65 000120
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/16/22 00023	5/24/22 63695-05 202205 320-53800-43200	*	538.31
4701 BAKER DAIRY RD-MAY22
5/24/22 63696-05 202205 320-53800-43200	*	159.63
5150 E JOHNSON AVE-MAY22
5/24/22 64455-05 202205 320-53800-43200	*	601.60
4975 BAKER DAIRY RD-MAY22
5/24/22 67111-05 202205 320-53800-43200	*	844.89
1209 TUPELO TRAIL-MAY 22
CITY OF HAINES CITY	2,144.43 000121
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
6/16/22 00015	6/08/22 2715	202205 310-51300-31500	*	2,621.10
GENERAL COUNSEL - MAY 22
KE LAW GROUP, PLLC	2,621.10 000122
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL FOR BANK A	23,960.44
TOTAL FOR REGISTER	23,960.44

CPE	CYP PARK EST	CWRIGHT

Section 2

Cypress Park Estates
Community Development District

Unaudited Financial Reporting
May31,2022

Table of Contents

1

2-3

4

5

	Balance Sheet

	General Fund

	Debt Service Fund Series 2020 A1 & A2

	Capital Projects Fund Series 2020 A1 & A2

6-7		Month to Month

Cypress Park Estates
Community Development District Combined Balance Sheet
May 31, 2022

	General Fund	Debt Service Fund	Capital Projects Fund	Totals Governmental Funds	
Assets:
Cash:
Operating Account	

$	187,371	$	

-	$	

-	

$	187,371	
Capital Projects Account Investments:
Series 2020 A1	$	-	$	-	$	479,711	$	479,711	
Reserve	$	-	$	442,500	$	-	$	442,500	
Revenue	$	-	$	141,603	$	-	$	141,603	
Construction Series 2020 A2
Reserve	$

$	-	$	-	$	1

-	$	71,156	$	-	$	1

$	71,156	
Revenue	$	-	$	68	$	-	$	68	
Construction	$	-	$	-	$	4	$	4	
Due from Developer	$	-	$	-	$	183,580	$	183,580	
Total Assets	$	187,371	$	655,327	$	663,295	$	1,505,993	
Liabilities:
Accounts Payable	

$	

10,439	$	-	$	315,423	

$	325,862	
Total Liabilites	$	10,439	$	-	$	315,423	$	325,862	
Fund Balance:
Restricted for:
Debt Service - Series 2020	

$	

-	$	655,327	$	-	

$	655,327	
Capital Projects - Series 2020	$	-	$	-	$	347,872	$	347,872	
Assigned for:
Unassigned	
$	176,932	
$	-	
$	-	
$	176,932	
Total Fund Balances	$	176,932	$	655,327	$	347,872	$	1,180,131	
					
Total Liabilities & Fund Balance	$	187,371	$	655,327	$	663,295	$	1,505,993	

Cypress Park Estates
Community Development District General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending May 31, 2022

Adopted	Prorated Budget	Actual	
Budget	Thru 05/31/22	Thru 05/31/22	Variance	

Revenues:

Assessments	$	265,500	$	-	$	-	$	-

Assessments - Lot Closings	$	-	$	-	$	262,500	$	262,500	
Developer Contributions	$	58,945	$	39,297	$	9,105	$	(30,191)	
Total Revenues	$	324,445	$	39,297	$	271,605	$	232,309	

Expenditures:					
General & Administrative:					
Supervisor Fees	$	10,000	$	6,667	$	1,600	$	5,067	
Engineer Fees	$	10,000	$	6,667	$	3,330	$	3,337	
Attorney Fees	$	25,000	$	16,667	$	8,766	$	7,901	
Annual Audit	$	4,500	$	4,500	$	4,500	$	-	
Assessment Adminstration	$	5,000	$	5,000	$	5,000	$	-	
Dissemination	$	6,000	$	4,000	$	4,000	$	-	
Arbitrage	$	1,000	$	900	$	900	$	-	
Trustee Fees	$	5,000	$	5,000	$	8,081	$	(3,081)	
Management Fees	$	36,050	$	24,033	$	24,033	$	(0)	
Information Technology	$	1,800	$	1,200	$	1,200	$	-	
Website Maintenance	$	1,200	$	800	$	800	$	-	
Telephone	$	150	$	100	$	-	$	100	
Postage & Delivery	$	500	$	333	$	268	$	66	
Insurance	$	5,500	$	5,175	$	5,175	$	-	
Printing & Binding	$	350	$	233	$	9	$	224	
Legal Advertising	$	10,000	$	6,667	$	-	$	6,667	
Other Current Charges	$	2,000	$	1,333	$	315	$	1,018	
Office Supplies	$	350	$	233	$	6	$	227	
Travel Per Diem	$	550	$	367	$	-	$	367	
Dues, Licenses & Subscriptions	$	175	$	175	$	175	$	-	
Total General & Administrative	$	125,125	$	90,050	$	68,158	$	21,892	

Cypress Park Estates
Community Development District General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending May 31, 2022

Adopted	Prorated Budget	Actual	
Budget	Thru 05/31/22	Thru 05/31/22	Variance	

Operations & Maintenance		
Field Expenditures
Property Insurance	
$	5,000	
$	3,333	
$	-	
$	3,333	
Field Management	$	15,000	$	10,000	$	1,250	$	8,750	
Landscape Maintenance	$	40,000	$	26,667	$	3,900	$	22,767	
Landscape Replacement	$	5,000	$	3,333	$	-	$	3,333	
Lake Maintenance	$	10,000	$	6,667	$	-	$	6,667	
Streetlights	$	12,600	$	8,400	$	2,733	$	5,667	
Electric	$	5,000	$	3,333	$	599	$	2,734	
Water & Sewer	$	5,000	$	5,000	$	17,684	$	(12,684)	
Sidewalk & Asphalt Maintenance	$	500	$	333	$	-	$	333	
Irrigation Repairs	$	2,500	$	1,667	$	-	$	1,667	
General Repairs & Maintenance	$	5,000	$	3,333	$	-	$	3,333	
Contingency	$	5,000	$	3,333	$	-	$	3,333	
Subtotal Field Expenditures	$	110,600	$	75,400	$	26,165	$	49,235	

Amenity Expenditures
Amenity - Electric	

$	14,400	

$	9,600	

$	-	

$	9,600	
Amenity - Water	$	5,000	$	3,333	$	-	$	3,333	
Playground Lease	$	14,000	$	9,333	$	2,340	$	6,993	
Internet	$	3,000	$	2,000	$	-	$	2,000	
Pest Control	$	720	$	480	$	-	$	480	
Janitorial Service	$	5,400	$	3,600	$	-	$	3,600	
Security Services	$	15,000	$	10,000	$	-	$	10,000	
Pool Maintenance	$	16,200	$	10,800	$	-	$	10,800	
Amenity Repairs & Maintenance	$	5,000	$	3,333	$	-	$	3,333	
Contingency	$	5,000	$	3,333	$	-	$	3,333	
Subtotal Amenity Expenditures	$	83,720	$	55,813	$	2,340	$	53,473	
					
Total Operations & Maintenance	$	194,320	$	131,213	$	28,505	$	102,708	
					
Total Expenditures	$	319,445	$	221,263	$	96,664	$	124,600	
					
Excess (Deficiency) of Revenues over Expenditures	$	5,000	$	(181,967)	$	174,942	$	107,709	

Other Financing Sources/(Uses):					
Transfer In/(Out)	$	(5,000)	$	-	$	-	$	-	
Total Other Financing Sources/(Uses)	$	(5,000)	$	-	$	-	$	-	
					
Net Change in Fund Balance	$	-		$	174,942		
					
Fund Balance - Beginning	$	-		$	1,990		
					
Fund Balance - Ending	$	-		$	176,932		

Cypress Park Estates
Community Development District Debt Service Fund Series 2020 A1 & A2
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending May 31, 2022

Adopted	Prorated Budget	Actual	
Budget	Thru 05/31/22	Thru 05/31/22	Variance	

Revenues:		
Assessments - A1	$	442,500	$	-	$	-	$	-	
Assessments - A2	$	71,156	$	-	$	-	$	-	
Assessments - Lot Closings A1	$	-	$	-	$	437,500	$	437,500	
Assessments - Lot Closings A2	$	-	$	-	$	44,078	$	44,078	
Interest	$	-	$	-	$	33	$	33	
Total Revenues	$	513,656	$	-	$	481,611	$	481,611	

Expenditures:					
Series 2020 A1
Interest - 11/1	
$	146,353	
$	146,353	
$	146,353	
$	-	
Principal - 5/1	$	150,000	$	150,000	$	150,000	$	-	
Interest - 5/1	$	146,353	$	146,353	$	146,353	$	-	
Series 2020 A2
Interest - 11/1	
$	24,078	
$	24,078	
$	24,078	
$	(0)	
Principal - 5/1	$	20,000	$	20,000	$	20,000	$	-	
Interest - 5/1	$	24,078	$	24,078	$	24,078	$	(0)	
Total Expenditures	$	510,863	$	510,863	$	510,863	$	(0)	
					
Excess (Deficiency) of Revenues over Expenditures	$	2,794	$	(510,863)	$	(29,252)	$	481,611	
					
Net Change in Fund Balance	$	2,794		$	(29,252)		
					
Fund Balance - Beginning	$	170,922		$	684,579		
					
Fund Balance - Ending	$	173,716		$	655,327		

Cypress Park Estates
Community Development District Capital Projects Fund Series 2020 A1 & A2
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending May 31, 2022

Adopted	Prorated Budget	Actual	
Budget	Thru 05/31/22	Thru 05/31/22	Variance	

Revenues		
Developer Contributions	$	-	$	-	$	1,950,604	$	1,950,604	
Interest	$	-	$	-	$	9	$	9	
Total Revenues	$	-	$	-	$	1,950,613	$	1,950,613	
Expenditures:					
Capital Outlay	$	-	$	-	$	2,393,029	$	(2,393,029)	
Total Expenditures	$	-	$	-	$	2,393,029	$	(2,393,029)	
					
Excess (Deficiency) of Revenues over Expenditures	$	-	$	-	$	(442,415)	$	4,444,871	

Other Financing Sources/(Uses)					
City Contributions	$	-	$	-	$	101,230	$	101,230	
Total Other Financing Sources (Uses)	$	-	$	-	$	101,230	$	101,230	
					
Net Change in Fund Balance	$	-	$	(341,186)		
					
Fund Balance - Beginning	$	-	$	689,058		
					
Fund Balance - Ending	$	-	$	347,872		

Cypress Park Estates
Community Development District Month to Month

Dec

Jan

Feb

March

April

May

June

July

Aug

Sept

Total

Developer Contributions

$	9,105  $

-	$

Revenues:	Oct	Nov	
Assessments	$	-	$	-	$	
Assessments - Lot Closing	$	-	$	133,500  $	75,	

000  $
-	$	-	$

-	$
54,000  $
-	$

-	$	-	$
-	$	-	$
-	$	-	$

-	$	-	$
-	$	-	$
-	$	-	$

-	$	-	$	-	$
-	$	-	$	-	$
-	$	-	$	-	$

-	$	-
-	$	262,500
-	$	9,105

Total Revenues	$	9,105  $	133,500  $	75,000  $	54,000  $	-	$	-	$	-	$	-	$	-	$	-	$	-	$	-	$	271,605

Expenditures:

General & Administrative:

Supervisor Fees Engineer Fees Attorney Fees Annual Audit
Assessment Adminstration Dissemination
Arbitrage Trustee Fees
Management Fees
Information Technology Website Maintenance Telephone
Postage & Delivery Insurance
Printing & Binding Legal Advertising
Other Current Charges Office Supplies
Travel Per Diem
Dues, Licenses & Subscriptions

$	400  $
$	-  $
$	1,861  $
$	-  $
$	5,000  $
$	500  $
$	-  $
$	-  $
$	3,004  $
$	150  $
$	100  $
$	-  $
$	1  $
$	5,175  $
$	-  $
$	-  $
$	30  $
$	0  $
$	-  $
$	175  $

-  $
1,497  $
1,750  $
-  $
-  $
500  $
900  $
-  $
3,004  $
150  $
100  $
-  $
-  $
-  $
9  $
-  $
30  $
3  $
-  $
-  $

-  $
-  $
720  $
-  $
-  $
500  $
-  $
8,081  $
3,004  $
150  $
100  $
-  $
116  $
-  $
-  $
-  $
53  $
0  $
-  $
-  $

-  $
-  $
630  $
-  $
-  $
500  $
-  $
-  $
3,004  $
150  $
100  $
-  $
44  $
-  $
-  $
-  $
43  $
0  $
-  $
-  $

-  $
-  $
121  $
-  $
-  $
500  $
-  $
-  $
3,004  $
150  $
100  $
-  $
24  $
-  $
-  $
-  $
51  $
0  $
-  $
-  $

-  $
1,833  $
454  $
-  $
-  $
500  $
-  $
-  $
3,004  $
150  $
100  $
-  $
37  $
-  $
-  $
-  $
30  $
0  $
-  $
-  $

600  $
-  $
610  $
4,500  $
-  $
500  $
-  $
-  $
3,004  $
150  $
100  $
-  $
42  $
-  $
-  $
-  $
38  $
0  $
-  $
-  $

600  $
-  $
2,621  $
-  $
-  $
500  $
-  $
-  $
3,004  $
150  $
100  $
-  $
3  $
-  $
-  $
-  $
38  $
3  $
-  $
-  $

-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $

-  $	1,600
-  $	3,330
-  $	8,766
-  $	4,500
-  $	5,000
-  $	4,000
-  $	900
-  $	8,081
-  $	24,033
-  $	1,200
-  $	800
-  $	-
-  $	268
-  $	5,175
-  $	9
-  $	-
-  $	315
-  $	6
-  $	-
-  $	175

Total General & Administrative

$

16,397  $

7,943  $

12,725  $

4,471  $

3,950  $

6,108  $

9,545  $

7,019  $

-  $

-  $

-  $

-  $

68,158

Cypress Park Estates
Community Development District Month to Month

Oct	Nov	Dec	Jan	Feb	March	April	May	June	July	Aug	Sept	Total

Operations & Maintenance

Field Expenditures Property Insurance Field Management Landscape Maintenance Landscape Replacement Lake Maintenance Streetlights
Electric
Water & Sewer
Sidewalk & Asphalt Maintenance Irrigation Repairs
General Repairs & Maintenance Contingency

$	-  $
$	-  $
$	-  $
$	-  $
$	-  $
$	-  $
$	61  $
$	-  $
$	-  $
$	-  $
$	-  $
$	-  $

-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	57  $
-  $	191  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $

-  $
-  $
-  $
-  $
-  $
432  $
95  $
939  $
-  $
-  $
-  $
-  $

-  $
-  $
-  $
-  $
-  $
396  $
102  $
8,097  $
-  $
-  $
-  $
-  $

-  $
-  $
-  $
-  $
-  $
329  $
101  $
4,000  $
-  $
-  $
-  $
-  $

-  $
625  $
2,700  $
-  $
-  $
-  $
91  $
2,311  $
-  $
-  $
-  $
-  $

-  $
625  $
1,200  $
-  $
-  $
1,577  $
92  $
2,144  $
-  $
-  $
-  $
-  $

-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $

-  $	-
-  $	1,250
-  $	3,900
-  $	-
-  $	-
-  $	2,733
-  $	599
-  $	17,684
-  $	-
-  $	-
-  $	-
-  $	-

Subtotal Field Expenditures	$	61  $	-  $	248  $	1,466  $	8,595  $	4,430  $	5,727  $	5,638  $	-  $	-  $	-  $	-  $	26,165

Amenity Expenditures Amenity - Electric Amenity - Water Playground Lease
Internet Pest Control
Janitorial Service Security Services Pool Maintenance
Amenity Repairs & Maintenance Contingency

$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $
$	-  $	-  $

-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $

-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $

-  $	-  $
-  $	-  $
-  $	2,340  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $
-  $	-  $

-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $
-  $	-  $	-  $

-  $	-
-  $	-
-  $	2,340
-  $	-
-  $	-
-  $	-
-  $	-
-  $	-
-  $	-
-  $	-

Subtotal Amenity Expenditures	$	-  $	-  $	-  $	-  $	-  $	-  $	-  $	2,340  $	-  $	-  $	-  $	-  $	2,340

Total Operations & Maintenance	$	61  $	-  $	248  $	1,466  $	8,595  $	4,430  $	5,727  $	7,978  $	-  $	-  $	-  $	-  $	28,505

Total Expenditures	$	16,458  $	7,943  $	12,974  $	5,937  $	12,545  $	10,538  $	15,272  $	14,997  $	-  $	-  $	-  $	-  $	96,664

Excess (Deficiency) of Revenues over Expenditures	$	(7,352)  $	125,557  $	62,026  $	48,063  $	(12,545)  $	(10,538)  $	(15,272)  $	(14,997)  $	-  $	-  $	-  $	-  $	174,942

Other Financing Sources/Uses:

Transfer In/(Out)

$	-  $	-  $

-  $	-  $

-  $	-  $	-  $	-  $

-  $	-  $	-  $

-  $	-

Total Other Financing Sources/Uses	$	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-  $	-

Net Change in Fund Balance	$	(7,352)  $	125,557  $	62,026  $	48,063  $	(12,545)  $	(10,538)  $	(15,272)  $	(14,997)  $	-  $	-  $	-  $	-  $	174,942

Section 3

ORDER

i

CHANGE	OWNER
ARCHITECT
CONTRACTOR
FIEID
.AJA DOCUMENT G701	OTHER

PROJECT:	Cypress Park Amenity Center	CHANGE ORDER NUMBER:	3
(nmne, address)	4975 Baker Dairy Road	DATE:	05/31/2022 Haines City, FL
TO CONTRACTOR;	ARCHITECT'S PROJECT NO:
(name, address)	Henkelman Construction, Inc.	CONTRACT DATE:	06/14/2021 1830 N. Crystal Lake Dr.
Lakeland, FL 33801	CONTRACT FOR:	Cypress Park Amenity Center

The Contract is changed as follows:

Add Dog Park Hose Bibbs Deduct Testing Allowance

$	2,750.00

$	(2,500.00)

TOTAL FOR THIS CHANGE ORDER	$	250.00

Not valid until signed by the Owner! Architect and Contractor.		
The original (Contract Sum) (,Qtanm.teed. MIJHB\¼ftl J>i:ie was..............,.	$	775,467.00		
Net change by previously authori,ed Change Orders.	$	23,079.00		
The-(Contract Sum) ((lee,ael"d Maoim,,m P<ieo) prior to this Change Order was.	$
The (Contract Sum)  •• la!_,Prise) will be(incressed) (de-.ed)
(ti,,eh""l!•dJ bi·this Change Order in the amount of..........·.	$	798,546.00
250.00		
The new (Contract Sum) ((lee,aeleed Manim:em Pt=ie including this Change Order will be.	$	798,796.00		
The Contract Tlllle will be (inst=aesed, E4eeFeas a(ij (unchanged) by
The date of Substantial Completion as of the date of this Change Ordertherefureis		(	)days.	

AR
625Ea	t Oranae Street	
Address
Lakela	t	
	', FL.3 80		

BY	""	•., ,
'.LZ		

Furr.Wegman & Banks Architects

 Henkelman Construction, Inc.	
CONTRACTOR
 1830 N. Crystal Lake Drive	
Address

Cypress Park Estates
 Community DevelopmentDistrict	
OWNER
121 Garfield Avenue	
Addre,s

		Winter Park, FL 32789	.
Lakelanst 	

BY. ·AtJJ,;;,_  • ( tJ	cla, ;,j.,

DATE 	

DATE	G(-2iz.

CAUTION:	You shoukl sign an ori9inal AIA document which hoo !his caution printed in rad.
An original assures tllat changes will notbe obscured as may occur when documents are reprotlucoo.

AJA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AJA® • @1987 THE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20008
WARNING: Uallcenscd photocopying l'lolates U.S. e,opyrlgbt laWB md ll subJtlll to legal prD!it'CBtion

G701-1987