Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Backup Documents 01/13/2026 Item #16I
otttOKA44. F mot' s Immokalee Fire Control District l e � ' E 5368 Useppa Drive, Ave Maria, FL 34142 Ave Maria Michael J. Choate, Fire Chief September 29, 2025 Clerk of the Circuit Court, Finance Department 3299 Tamiami Trail East, #403 Naples, FL 34112 Sent via Certified Mail To Whom It May Concern: Enclosed please find the following: 1. Copy of Resolution 2025-018 adopting the final millage rage for the Immokalee Fire Control District for the 2025-2026 fiscal year. 2. Copy of Resolution 2025-019 adopting the final impact fee rates for the Immokalee Fire Control District for the 2025-2026 fiscal year. 3. Copy of Resolution 2025-020 adopting Final General Fund Budget for the Immokalee Fire Control District for the 2025-2026 fiscal year. 4. Copy of Resolution 2025-021 adopting the final Impact Fee Fund budget for the Immokalee Fire Control District for the 2025-2026 fiscal year. 5. General Fund and Impact Fee Fund Budgets for the Immokalee Fire Control District for the 2025-2026 fiscal year. 6. Schedule of Board Meetings for the period of October 1, 2025 through September 30, 2026. 7. District Map. 8. The Agent of Record for the Immokalee Fire Control District is Michael Choate, Fire Chief/District Manager. Very truly yours, James West Deputy Director of Finance 11 1A1 RESOLUTION 2025-018 A RESOLUTION OF THE IMMOKALEE FIRE CONTROL DISTRICT OF COLLIER COUNTY FLORIDA,ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2025- 2026,PROVIDING FOR AN EFFECTIVE DATE WHEREAS, section 6 of the Immokalee Fire Control District's Charter of chapter 2000-393, Laws of Florida, and Chapter 191.009, Florida Statutes, authorizes the Immokalee Fire Control District to levy an ad valorem taxation on property within its boundaries in Collier County in an amount not to exceed 3.75 mills; and WHEREAS, the Immokalee Fire Control District on September 17, 2025 adopted Fiscal Year 2025-2026 Final Millage Rate following the public hearing required by section 200.065, Florida Statutes;and WHEREAS, the gross taxable value for operating purposes not exempt from ad valorem taxation within the Immokalee Fire Control District, has been certified by the Collier County Property Appraiser as$2,564,785,444; NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT of Collier County Florida, that the Fiscal Year 2025-2026 operating millage rate for the Immokalee Fire Control District is 3.75 mills per$1,000.00, which is more than the rolled-back rate of 3.5846 mills per$1,000.00 by 4.61%. Such millage rate will be collected pursuant to the same manner and form as county taxes. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner K 3t,..QM who moved its adoption. The motion was seconded by Commissioner Call4a • p , and the 1 1611A1 Vote was as follows: Commissioner Joseph Brister Commissioner Robert Halman Commissioner Donald Gunthner Commissioner Bonnie Keen Commissioner Patricia Anne Goodnight Duly passed and adopted on this 17th day of September, 2025. Board of Commissioners of the Immokalee Fire Control District By: Joseph Bris er�air 2 161 141 RESOLUTION 2025-019 A RESOLUTION OF THE IMMOKALEE FIRE CONTROL DISTRICT OF COLLIER COUNTY FLORIDA,ADOPTING THE FINAL IMPACT FEE RATES FOR THE IMMOKALEE FIRE CONTROL DISTRICT FOR FISCAL YEAR 2025-2026, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, impact fees are a funding mechanism that a local government may utilize to pay for public improvements that are necessary to serve new growth; and WHEREAS, impact fees must satisfy a dual rational nexus test to be constitutional;and WHEREAS,the dual rational nexus test requires a local government to show a reasonable nexus between the local government's need for additional capital facilities and the new construction and that a special benefit is conferred upon the fee payers; and WHEREAS,Subsection 6 of chapter 2001-330, Laws of Florida, authorizes the Immokalee Fire Control District to assess impact fees for capital improvements on new construction within its boundaries; and WHEREAS,the calculation of impact fee rates assessed effective for the 2024-2025 fiscal year was based upon the most recent and localized data, as evidenced by the Immokalee Fire Control District Update Study Final Report dated July 12, 2023 and approved by the Boad of Fire Commissioners on July 20, 2023; and WHEREAS,as required by Section 163.31801(4)(b),Florida Statutes,the accounting of the impact fee revenues are provided for and reported in a separate and segregated special revenue fund entitled Impact Fee Fund; and WHEREAS,the impact fees adopted by the Board of Fire Commissioners of the Immokalee Fire Control and Rescue District for the 2025-2026 fiscal year are imposed in compliance with Section 163.31801, Florida Statutes; and WHEREAS, the final impact fee rates adopted by the Board of Fire Commissioners were adopted at a Public Meeting held on September 17, 2025; 1 16141 NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT of Collier County Florida,that the final charges for impact fees of$0.94 per square foot of defined living area for residential development and $0.60 per square foot of useable area for commercial and industrial structures as defined in Subsection 6 of Chapter 2001-330, Laws of Florida, are adopted in the Immokalee Fire Control District to be used for capital improvements that are necessary to serve new growth in accordance with Florida law. No reduction in the assessed impact fee charged in authorized. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner L3, LJm ru , who moved its adoption. The motion was seconded by Commissioner , and the Vote was as follows: Commissioner Joseph Brister Commissioner Robert Halman w�` t Commissioner Donald Gunthner , A Commissioner Bonnie Keen , Commissioner Patricia Anne Goodnight Duly passed and adopted on this 17th day of September, 2025. Board of Commissioners of the Immokalee Fire Control District By: Josep� rist , C 'r 2 1611g1 RESOLUTION 2025-020 A RESOLUTION OF THE IMMOKALEE FIRE CONTROL DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE IMMOKALEE FIRE CONTROL DISTRICT GENERAL FUND FOR FISCAL YEAR 2025-2026; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Immokalee Fire Control District of Collier County, Florida,on September 17, 2025 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the Immokalee Fire Control District of Collier County, Florida, set forth the final appropriations in the amount of$10,613,045 and final revenue estimates in the amount of $10,658,720 for the General Fund for the Fiscal Year Fiscal Year 2025-2026; and NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT of Collier County Florida, that the Fiscal Year 2025-2026 Final Budget for the General Fund be adopted. This resolution shall take effect immediately upon its adoption. C \.The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner )/-1—SZ-52---v-N_ ,and the Vote was as follows: Commissioner Joseph Brister Commissioner Robert Halman Commissioner Donald Gunthner Commissioner Bonnie Keen ,%, Commissioner Patricia Anne Goodnight Duly passed and adopted on this 17th day of September, 2025. Board of Commissioners of the Immokalee Fire Control District Jose Bn er hair 1 1611A1 RESOLUTION 2025-021 A RESOLUTION OF THE IMMOKALEE FIRE CONTROL DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE IMMOKALEE FIRE CONTROL DISTRICT IMPACT FEE FUND FOR FISCAL YEAR 2025-2026; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Immokalee Fire Control District of Collier County, Florida,on September 17, 2025 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the Immokalee Fire Control District of Collier County, Florida, set forth the final appropriations in the amount of$1,614,333 and final revenue estimates in the amount of $1,120,000 for the Impact Fee Fund for the Fiscal Year Fiscal Year 2025-2026; and NOW, THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT of Collier County Florida, that the Fiscal Year 2025-2026 Final Budget for the Impact Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner6-- who moved its adoption. J The motion was seconded by Commissioner ;`>,. -rL. , and the Vote was as follows: Commissioner Joseph Brister Commissioner Robert Halman s q,,,, Commissioner Donald Gunthner Commissioner Bonnie Keen Commissioner Patricia Anne Goodnight _ a Duly passed and adopted on this 17th day of September,,_` 2025. Board of Commissioners of the Immokalee Fire Control District By: \ Jose Brist r it P , 1 1611a1 ATTACHMENT 2 RESOLUTION 2025-022 A RESOLUTION OF THE BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT ADOPTING REVISED DISTRICT POLICY-COMPENSATION The undersigned, being all of the Fire Commissioners of the Board of Fire Commissioners of the Immokalee Fire Control District,a governmental entity, by this instrument at a meeting of the Board of Fire Commissioners, hereby consent to the following resolutions: 1. WHEREAS, the Board of Fire Commissioners of the Immokalee Fire Control District desires to adopt revised District Policy — Compensation, attached hereto as Attachments 1. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF THE IMMOKALEE FIRE CONTROL DISTRICT that revised District Policy —Compensation, attached hereto as Attachment 1, is hereby adopted: This resolution shall take effect immediately upon its ado tion. The foregoing resolution was offered by Commissioner -- ..•N_ wh moved for its adoption. The motion was seconded by Commissioner `�, ,and the Vote was as follows: Commissioner Joseph Brister Commissioner Robert Halman Commissioner Donald Gunthner Commissioner Bonnie Keen Commissioner Patricia Anne Goodnight Duly passed and adopted on this 17th day of September, 2025. Board of Commissioners of the Immokalee Fire Control District By: Jose Bri r, it I61 14 / IMMOKALEE FIRE CONTROL DISTRICT BOARD OF FIRE COMMISSIONERS 2025/2026 REGULAR MEETING SCHEDULE The Board of Fire Commissioners of the Immokalee Fire Control District Will hold Regular Meetings at 3:00 pm on the following dates: October 16, 2025 November 20, 2025 December 11, 2025 January 15, 2026 February 19, 2026 March 19, 2026 April 16, 2026 May 21, 2026 June 18, 2026 July 16, 2026 August 20, 2026 September 17, 2026 Regular Meeting Location: IFCD Headquarters (Fire Station 32) 5368 Useppa Drive Ave Maria, FL 34142 Quarry Community Development District 1 6 I 1 A Inframark, Infrastructure Management Services 11555 Heron Bay Boulevard, Suite 201, Coral Springs, Florida 33076 Tel. (954) 603-0033 DATE: September 29, 2025 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department Derek.johnssen@collierclerk.com FROM: Janice Swade Lead District Administrative Assistant RE: Quarry Community Development District May 12, 2025 Meeting Minutes, as Approved June 9, 2025 Enclosed for your records is a copy of the minutes and corresponding attachments from the above-referenced meeting of the Quarry Community Development District, which are to be kept on file for public access. Encl: Cc: Mr. Wes Haber Wesley.Haber@KutakRock.com 16IlA4 MINUTES OF MEETING QUARRY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Quarry Community Development District was held Monday, May 12,2025 at 1:00 p.m.at Quarry Beach Club, located at 8975 Kayak Drive, Naples, Florida 34120. Present and constituting a quorum were: Dean Britt Chairperson Mel Stuckey Vice Chairperson Thel Thomas Whitley, Jr. Assistant Secretary William Patrick Assistant Secretary Robert Gregg Wrap Assistant Secretary Also present were: Justin Faircloth District Manager Wesley Haber District Counsel (Remotely) Albert Lopez District Engineer Mark Puthoff Quarry Community Association Various Residents Following is a summary of the discussions and actions taken. FIRST ORDER OF BUSINESS Call to Order and Roll Call Mr. Faircloth called the meeting to order, and called the roll.A quorum was established. SECOND ORDER OF BUSINESS Pledge of Allegiance The Pledge of Allegiance was recited. THIRD ORDER OF BUSINESS Approval of Agenda There being no amendments, On MOTION by Mr. Stuckey, seconded by Mr. Patrick, with all in favor,the Agenda for the Meeting was approved, as presented. (5-0) Quarry CDi 1A May 12, 2025 Meeting FOURTH ORDER OF BUSINESS Public Comments on Agenda Items There being no comments from the public, the next order of business followed. FIFTH ORDER OF BUSINESS Approval of the Minutes of the April 14, 2025 Meeting Mr. Faircloth presented the Minutes of the April 14, 2025 Meeting, and requested any additions, corrections or deletions. • Mr. Patrick noted that Line 26 should list Mr. Connely with CPH, not Copeland Southern Enterprises. There being no further additions, corrections or deletions, On MOTION by Mr. Whitley, seconded by Mr. Patrick, with all in favor, the Minutes of the April 14, 2025 Meeting were approved, as amended. (5-0) SIXTH ORDER OF BUSINESS Acceptance of the Financial Report, and Approval of the Check Register and Invoices as of March 2025 There being no comments or questions, On MOTION by Mr. Britt, seconded by Mr. Patrick, with all in favor, the Financial Report as of March 2025 was accepted, and the Check Register and Invoices as of March 2025 were approved. (5- 0) SEVENTH ORDER OF BUSINESS Business Items • Mr. Faircloth provided updates on the fence installation and noted additional proposals would be sought if Copeland Southern Disposal, Inc. would not be able to complete the work. EIGHTH ORDER OF BUSINESS Staff Reports B. District Engineer i. Glase Golf Update a. Phase I Project & Phase II Project Closures • Mr. Lopez noted efforts to get Glase Golf to complete the warranty items. 2 I6I1A4 May 12, 2025 Meeting Quarry CDD ii. Phase III CPH Update a. Change Order for Inspection/Contract Administration for Phase III Project • Mr. Britt requested a construction schedule. On MOTION by Mr. Whitley, seconded by Mr. Stuckey, with all in favor, CPH Work Authorization #7 in the amount of$60,640 was approved, and the Chairperson was authorized to approve contract changes with Cross Creek as may be recommended by CPH during the project for cost savings. (5-0) b. Change Order for Lake 42 On MOTION by Mr. Stuckey, seconded by Mr. Britt, with all in favor, the CPH Proposal for Lake 42 Northwest Corner Repairs Exhibit in the amount of$3,070 was approved, as presented. (5-0) iii. Stormwater Management Lake Assessment Proposal On MOTION by Mr. Whitley, seconded by Mr. Patrick, with all in favor, the CPH Proposal to complete a stormwater management lakes assessment on an hourly basis in an amount not to exceed $12,415, was approved. (5-0) iv. Follow Up Items • Mr. Lopez reviewed open items with the Board from the District Manager's Action Items List. On MOTION by Mr. Patrick, seconded by Mr. Britt, with all in favor, the Contract with Cross Creek for Phase III work to be completed in the amount of$390,455.50, was approved. (5-0) v. Variance Updates There being no report,the next item followed. A. District Counsel • Mr. Faircloth noted that discussions ensued with District Counsel regarding obtaining an Opinion Letter from the Trustee's Counsel for the Phase III lake bank 3 1611A4 May 12, 2025 Meeting Quarry CDD restoration work, and noted that a prior determination had been made, and the proposed repairs fall in line with the prior authorization. Mr. Haber discussed the prior Opinion Letter and noted a new authorization was not needed. The record shall reflect Mr. Haber exited the meeting. C. District Manager i. Distribution of Proposed Fiscal Year 2026 Budget, and Consideration of Resolution 2025-02, Approving the Fiscal Year 2026 Budget and Setting a Public Hearing • Mr. Faircloth discussed the Budget.There were no changes requested by the Board. On MOTION by Mr. Britt, seconded by Mr. Stuckey, with all in favor, Resolution 2025-02,Approving Proposed Budgets for Fiscal Year 2025/2026 and Setting a Public Hearing thereon Pursuant to Florida Law to be held Monday, August 11, 2025 at 1:00 p.m. at Quarry Beach Club, 8975 Kayak Drive, Naples, Florida 34120; Addressing Transmittal, Posting and Publication Requirements; Addressing Severability; and Providing an Effective Date, was adopted. (5-0) ii. Item Approved Under Resolution 2020-01 a. Fence Update This item was previously addressed under Agenda Item 7A. iii. Report on Number of Registered Voters (1,069) The Supervisor of Elections for Collier County provides this report on an annual basis for informational purposed only. • Mr. Faircloth noted that the District has 1,069 registered voters. iv. Follow-Up Items a. Open Action Items List • Mr. Faircloth reviewed the Action Items List with the Board. NINTH ORDER OF BUSINESS Supervisor Comments • The fence behind the #11 Green was discussed. Mr. Scott Garvin noted the QCA would be fine with the CDD removing the section of fence as discussed. I - On MOTION by Mr. Patrick, seconded by Mr. Britt, with all in favor, removal of the fence behind the #11 Geen which has fallen down to Coquina Circle, was approved. (5-0) • Mr. Stuckey provided updates from the recent QCA Lakes Committee Meeting. 4 May 12,2025 Meeting 161 1 A 4 Quarry CDD TENTH ORDER OF BUSINESS Audience Comments • Residents commented on the maintenance of lake vegetation overall,including the beach area behind the Clubhouse, and upcoming plans of the QCA regarding the replacement of grass along Colbalt Cove Circle and Nickel Ridge Circle. • Mr. Garvin commented on the installation of Georgia Cubes, and inquired about the northern preserve. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, IOn MOTION by Mr. Britt, seconded by Mr. Whitley, with all in favor,the meeting was adjourned at 2:19 p.m. (5-0) .We/ Sit. .``'' 5 1 1 6 I 1 A 4 Quarry Community Development District Board of Supervisors Staff: Dean Britt,Chairperson Justin Faircloth,District Manager Mel Stuckey,Vice Chairperson Wesley Haber,District Counsel Thel Thomas Whitley,Jr.,Assistant Secretary Albert Lopez,District Engineer William Patrick,Assistant Secretary Robert"Gregg"Wrap,Assistant Secretary Meeting Agenda Monday May 12,2025 at 1:00 p.m. Quarry Beach Club 8975 Kayak Drive,Naples,Florida 34120 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comments on Agenda Items- Three- (3)Minute Time Limit 5. Approval of the Minutes of the April 14,2025 Meeting 6. Acceptance of the Financial Report,and Approval of the Check Register and Invoices as of March 2025 7. Business Items 8. Staff Reports A. District Counsel B. District Engineer i. Glase Golf Update a. Phase I Project&Phase II Project Closures ii. Phase III CPH Update a. Change Order for Inspection/Contract Administration for Phase III Project b. Change Order for Lake 42 iii. Stormwater Management Lake Assessment Proposal iv. Follow Up Items v. Variance Updates C. District Manager i. Distribution of Proposed Fiscal Year 2026 Budget, and Consideration of Resolution 2025-02,Approving the Fiscal Year 2026 Budget and Setting a Public Hearing ii. Item Approved Under Resolution 2020-01 a. Fence Update iii. Report on Number of Registered Voters(1,069) iv. Follow-Up Items a. Open Action Items List 9. Supervisor Comments 10. Audience Comments 11. Adjournment The next meeting is scheduled for Monday,June 9,2025,at 1:00 p.m. Inframark,Community Management Services Quarry Beach Club 11555 Heron Bay Boulevard,Suite 201 8975 Kayak Drive Coral Springs,Florida 33076 Naples,Florida 34120 (954)282-0070 (239)348-7326 www.quarrycdd.org * LocaliQ 1 6 I 1A Florida PO Box 631244 Cincinnati,OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION NOTICE OF MEETINGS QUARRY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of Quarry Quarry Community Dev Dist Special Ser Communityw ll Dee Developd mer nt Districtor l Quarry CDD -Inframark Year 2025 on the second Monday of every month os listed below at 1:00 210 N University DR,Suite#702 p.m.at t'Kayak Dri Club lopated, Coral Springs Fl.33071-7320 Floridali whi h there with hwill exception meeting,os follows: October IA 2024 November It,2024 STATE OF WISCONSIN, COUNTY OF BROWN Jo ua y°13 20254 February 10.2025 March tO,2025 Aorit 14,2025 Before the undersigned authority personally appeared,who May 12.2025pp Tentative Budget June 9.2025 on oath says that he or she is the Legal Advertising August It.2025 Budget Public Hear- ing Representative of the Naples DailyNews,a newspaper September O.2025 P pThe meetings ore Open to the public published in Collier County, Florida;that the attached copy and will pro°sip of In accordance ow for Community Development of advertisement,being a Legal Ad in the matter of Govt Districts. There may be occasions when one or more Supervisors may partklpate via phone. Any Inter- Public Notices,was published on the publicly accessible ested person can attend the meeting of the above location and be fully website of Collier and Lee Counties,Florida,or in a Informed of the discussions taking place.Meetings may be continued to a dote,time and location to be sped- newspaper by print in the issues of, on: lied on the record at the meetings without additional publication of notice. A copy of the agenda for these meet- 09/23/2024 ings may be obtained from the District Manager's Office,210 North University Drive, Suite 702, Coral Springs, Florida 33071, (954) 603- 0033, or by visiting the District's Affiant further says that the website or newspaper con lies website of YP htlps:dwww.tnarrycdd.orgt. Addl- with all legal requirements for publication in chapter 50, ro retorr la.e Interestedto the Oistr)ct•s website sesfed porti may for the latn. Florida Statutes. Pursuantrst tot the the provisions of the Americans with Disabilities Act,any Subscribed and sworn to before me,by the legal clerk,who Person at ng special accommo- dations a s at these meetings because of a disability or physical impairment is personally known to me,on 09/23/2024 should contact the District Manager's Office of least forty-eight (re) hours prior to the meeting. If - you ore hearing or speech impaired, please contact the Florida Relay Service by dialing 7.11,or 1-000.955- 0771 (ITV)J 1.900-955-1770(Voice). [_ego erk for old in contacting Me District Manager's ONice. Each person who decides to appeal any action token of these meetings Is advised that person will need a otai'y,, tate o ,Co my rown record of the proceedings and that accordingly,the person may need to ensure that a verbatim record of the /� ^s---7 proceedings Is made,including ich G^X/ /! testimony and evidence upon which he such oppeol is to be based. My commission expires Maniager+.darn No.10585332 Sept.23,2024 Publication Cost: $311.68 Tax Amount: $0.00 Payment Cost: $311.68 Order No: 10585332 #of Copies: Customer No: 1125615 1 PO#: fiscal meetings Fills is NOT AN INVOICE! Please do not usr thi.slot-m jar puymcnt remittance. NANCY HEYRMAN Notary Public Page 1 of 1 State of Wisconsin QUARRY Community Development District 161 l A GENERAL FUND The primary operating fund that receives all revenues not earmarked for specific purposes and supports general government services. DEBT SERVICE FUND The Debt Service Fund is used to account for the accumulation of resources and the payment of principal and interest on a government's long-term debt. CONSTRUCTION FUND The account specifically identified in the indenture to hold funds which are currently available for expenditure to acquire or contruct public facilities eligible under the Act. 1611A4 Quarry Community Development District (CDD) CDD Fiscal Year Runs October 1st Through September 30th of Each Year Financial Report General Fund, Quarry Debt Service Fund,&Capital Projects(FEMA)Fund October 1,2024-March 31,2025 6INFRAMARK IN R A;TRUCTURE MANAGEMENT SERVICES QUARRY 161 111 4 Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet-All Funds Page 1 Statement of Revenues, Expenditures and Changes in Fund Balance General Fund Pages 2-3 Quarry Debt Service Fund Page 4 Capital Project(FEMA) Fund Page 5 Trend Report-General Fund Pages 6-7 Notes to the Financial Statements-General Fund Page 8 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments-Collier County Tax Collector Page 9 General Fund&Quarry Debt Service Fund Cash&Investment Report All Funds Page 10 Bank Account Statement(General Fund) Page 11 Capital Project(FEMA) Fund Pages 12- 15 Cash Flow Analysis-General Fund Page 16 Payment Register by Fund Page 17- 18 161 1A 4 Quarry Community Development District (CDD) Financial Statements (Unaudited) October 1, 2024 - March 31, 2025 QUARRY 1 .6 11 A 4 Community Development District Balance Sheet March 31, 2025 QUARRY DEBT CAPITAL PROJECT ACCOUNT DESCRIPTION GENERAL FUND SERVICE FUND (FEMA)FUND TOTAL ASSETS Cash-Checking Account $ 1,382,771 $ - $ - $ 1,382,771 Due From Other Funds - 24,025 - 24,025 Investments: Money Market Account 999,270 - - 999,270 Construction Fund - - 1,842,022 1,842,022 Revenue Fund - 1,864,929 - 1,864,929 TOTAL ASSETS $ 2,382,041 $ 1,888,954 $ 1,842,022 $ 6,113,017 LIABILITIES Accounts Payable $ 12,501 $ - $ - $ 12,501 Accrued Expenses 94,305 - - 94,305 Contracts Payable - - 337,404 337,404 Retainage Payable - - 40,353 40,353 Due To Other Funds 24,025 - - 24,025 TOTAL LIABILITIES 130,831 - 377,757 508,588 FUND BALANCES Restricted for: Debt Service - 1,888,954 - 1,888,954 Capital Projects - - 1,464,265 1,464,265 Assigned to: - Operating Reserves 175,439 - 175,439 Reserves-Other 200,000 - - 200,000 Unassigned: 1,875,771 - - 1,875,771 TOTAL FUND BALANCES $ 2,251,210 $ 1,888,954 $ 1,464,265 $ 5,604,429 TOTAL LIABILITIES&FUND BALANCES $ 2,382,041 $ 1,888,954 $ 1,842,022 $ 6,113,017 Page 1 QUARRY i 61 1 A 4 Community Development District GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balances October 1, 2024 - March 31, 2025 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE AS A%OF ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD REVENUES Interest- Investments $ 4,000 $ 54,472 1361.80% Golf Course Revenue 114,945 57,473 50.00% Interest-Tax Collector - 1,770 0.00% Special Assmnts-Tax Collector 814,044 785,917 96.54% Special Assmnts- Discounts (32,562) (28,588) 87.80% Other Miscellaneous Revenues - 1,000 0.00% TOTAL REVENUES 900,427 872,044 96.85% EXPENDITURES Administration P/R-Board of Supervisors 12,000 5,600 46.67% FICA Taxes 918 428 46.62% ProfServ-Arbitrage Rebate 600 - 0.00% ProfServ-Engineering 45,000 6,788 15.08% ProfServ-Legal Services 21,000 2,900 13.81% ProfServ-Legal Litigation 25,000 1,563 6.25% ProfServ-Mgmt Consulting 64,154 32,077 50.00% ProfServ-Property Appraiser 34,294 7,526 21.95% ProfServ-Trustee Fees 4,041 4,041 100.00% Auditing Services 5,500 - 0.00% Website Compliance 1,553 776 49.97% Postage and Freight 600 209 34.83% Insurance-General Liability 7,644 7,227 94.54% Printing and Binding 500 - 0.00% Legal Advertising 4,000 - 0.00% Miscellaneous Services 1,998 97 4.85% Misc-Bank Charges 500 - 0.00% Misc-Special Projects 18,279 - 0.00% Misc-Assessment Collection Cost 16,281 15,147 93.03% Payroll Services - 95 0.00% Misc-Contingency 1,000 248 24.80% Office Supplies 250 - 0.00% Page 2 QUARRY 16 I l A 4 Community Development District GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balances October 1, 2024 - March 31, 2025 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE AS A%OF ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD Annual District Filing Fee 175 175 100.00% Total Administration 265,287 84,897 32.00% Field ProfServ-Field Management 5,464 2,732 50.00% Contracts-Preserve Maintenance 103,830 51,915 50.00% Contracts- Lake Maintenance 65,004 32,991 50.75% R&M-General 70,000 1,848 2.64% R&M-Fence 2,500 5,675 227.00% R&M-Lake 184,672 - 0.00% R&M-Weed Harvesting 75,000 31,887 42.52% Miscellaneous Maintenance 3,670 - 0.00% Capital Projects 75,000 16,910 22.55% Total Field 585,140 143,958 24.60% Reserves Reserve-Other 50,000 - 0.00% Total Reserves 50,000 - 0.00% TOTAL EXPENDITURES&RESERVES 900,427 228,855 25.42% Excess (deficiency) of revenues Over(under)expenditures - 643,189 0.00% Net change in fund balance $ - $ 643,189 0.00% FUND BALANCE, BEGINNING (OCT 1, 2024) 1,608,021 1,608,021 FUND BALANCE, ENDING $ 1,608,021 $ 2,251,210 Page 3 QUARRY 16 I 1 A 4 Community Development District QUARRY DEBT SERVICE FUND Statement of Revenues, Expenditures and Changes in Fund Balances October 1, 2024 - March 31, 2025 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE AS A%OF ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD REVENUES Interest- Investments $ - $ 18,147 0.00% Special Assmnts-Tax Collector 1,472,226 1,421,355 96.54% Special Assmnts- Discounts (58,889) (51,703) 87.80% TOTAL REVENUES 1,413,337 1,387,799 98.19% EXPENDITURES Administration Misc-Assessment Collection Cost 29,445 27,393 93.03% Total Administration 29,445 27,393 93.03% Debt Service Principal Debt Retirement 1,128,000 - 0.00% Interest Expense 242,772 121,386 50.00% Total Debt Service 1,370,772 121,386 8.86% TOTAL EXPENDITURES 1,400,217 148,779 10.63% Excess (deficiency)of revenues Over(under)expenditures 13,120 1,239,020 n/a OTHER FINANCING SOURCES(USES) Contribution to(Use of) Fund Balance 13,120 - 0.00% TOTAL FINANCING SOURCES(USES) 13,120 - 0.00% Net change in fund balance $ 13,120 $ 1,239,020 n/a FUND BALANCE, BEGINNING (OCT 1, 2024) 649,934 649,934 FUND BALANCE, ENDING $ 663,054 $ 1,888,954 Page 4 QUARRY 16 ! 1 A 4 Community Development District CAPITAL PROJECT (FEMA) FUND Statement of Revenues, Expenditures and Changes in Fund Balances October 1, 2024 - March 31, 2025 ANNUAL YTD ACTUAL ADOPTED YEAR TO DATE AS A%OF ACCOUNT DESCRIPTION BUDGET ACTUAL ADOPTED BUD REVENUES Interest- Investments $ - $ 41,458 0.00% TOTAL REVENUES - 41,458 0.00% EXPENDITURES Construction In Progress Construction in Progress - 33,268 0.00% Total Construction In Progress - 33,268 0.00% TOTAL EXPENDITURES - 33,268 0.00% Excess(deficiency) of revenues Over(under) expenditures - 8,190 0.00% Net change in fund balance $ - $ 8,190 0.00% FUND BALANCE, BEGINNING (OCT 1, 2024) - 1,456,075 FUND BALANCE, ENDING $ - $ 1,464,265 Page 5 1611A4 eeeeee e in000 e N 0 0 0 GO 0 0) r 0 Q c0 0 N 0 0 0 u') 0 0 0 0 0 0 0 0 0 0 O O ep O In 0 CO CO 0 0 O 0 a0 O) 0 0 0 O 0 u7 0 I� o lr = e m co 0 a) O ' V N r 0 aD 0 0 0 0 R R 0 M 0 0 0 0 a0 0 0) ' 0 0 10 m Q) CC Tr, o v c <o N o O o 0 0 ,. . v o O v o 0 . O r N o r m 00, 0 . O T c0 O O O N 0 L0 10 c0 lD N O O? ,D N O N N a O. O R R 0 — a- 0, 0,, M to V N V L. — r O — OJ CO N O 3 = _ m 0, V7 a m d I^ d, V M u7 O R Q) O CO O O) O O O c0 M (O O O) r OO O tD O N M Q 0 V '0 J r O r R CO 0 O 0 00 0 N 0 t0 O N 0 M 0 N N 0 O) 0 NI O) O) 0 N N N 10 p O7 r 0 u7 O 10 0 CO V O O u1 10 N 0 D7 0 CO 0 0 Q N N co a- a0 .- Ol .- N N R N< u7 ' r < ,- Qi cc/ I- •- a0 N O) tD O 0 LL " enN N N Ol 0 O ,_ O N 0 ' ' 0 r 0 ' a0 0 0 a0 N C N C ' O c0 O O O O r O r o R O o o m N N- N M Ct W 00 0 N O a (D N ,0 u7 O c0 r M N O O) N r ^ ua nj m V W O N O In Q al 0 13 N O x CD a a z n E CV M O r CO OD 0 v CD CO ' O r CO ' 00, r ' ' r ` ' r 0dO ' un 0r r r O v O a0 0 0 I-- CVR r N o V 0 N 0, .0 CV c e r 0, 0 O <O R r CI, to 0 10 0 r N ~ N 0 .- a00 N N 'n cD N .- 0,- 1•.c r 0 co. N 10 N — Q M V, r , ( I I i r O r 0 0 0 r 0 ' ' O ' N ' co O O o c0 , O M O r 00 r 1 0 COCO 10 O O) V7 in r CO C2 Of M M N ,0 R ' N CO fO /L�O CO0W M O r . 0: : : :: . . . . O . N . . . N . . . N . 4Or 0 00r 0.3 M M , N0 O M CV V CO O D) - Ol M .- N 0c0 9 co CV d LO m Cl N 0 LC C) C 5 M CM') O r 1 o N co M 0 V I M , . N 1 V N 10 cD t - 0 v .- N ui V 1- - > > M m N C L (.1L�1) wCf 0 W M M M O r N M COM a , , Ip V 1 N a0 N ' co RS L CCD >. 01 M 00 0) O m r N 'D L V CO I co. M 0 ' O) ' ' M O r ' O O M cD CO MCV M E,�1 NL M D 0r u) 0 Q 0 RM r N Vo O dVO NQ) M - au0 O CN0Q e A,� m V, ��r . , /� L o 0 .' a O r N < O 0 N V R T. r m O c0 C . W m N c..- c0 N O L Q V3 y U r CO . . . c o = m m M m o v v M ") N r u> O) o M O N in N 0 v Q m M 0 r C , Nm 0 . m N , in <o CO in m 1 C A r r r m R c0 N ort N M ti c�i In r � Q C in E oo v 0m 0 ` 0 n 0) M CVm o W NIo in o r CV CV N *IC0 u 03 VJ O) ' ' OT, O . CO 0 N • 0 • 0 0 . . , . Cr, , . . r . M I . . N A th R Q) 0- O O N O) CO O)- O r m 0)0 z ¢ U ,,, .` o CV M N 1 A O n < N , CO N O .❑- 1 r r O .- co O co t0 co N N �"' = c0 N N V7 r r �, O Q C N N E Ci N Q N _O C oLO o y U a `u o > as = b A , 4 rn 0 W N E Ca 01 I! N 23' a N = 0H a) a � c :U dG u LL . AttY � m ' gdEyLa , O.' Q � � d E00a¢ wJamoaI- mEa ? m0 m Goy o : , FE Z f 2 2 Z 2 cn o 2 nto o 0 co 01 o Ill Ct m oJmm m ,uo a) a) a, a, a) a) a) = v ¢ co rn U a do2n7£ .- o00000ocy o g E U 0 ' m y 2 " 2 8 O1- d UccnO 8 oaitaaaaaaaQaaMM ¢ a I- I ¢ _ 1bIiA4 e e e e e e e e e e e e e e e l O O N o 0 0 . r o o Ll, CO�^ O G O CDN YJ to O r r O O r o e co N, R O O O 010 0 0 0 A O O A ' N -p OD CAO O O r O r 0 CVC O O N� O O y OO O O In fD O LC, O O • CO to N O N W iA f7 O O O O a O V O CO r CO N LO 0 t0 9 O O ^ Q m _ v CO COA R 0 O H 1 J N O CO W < CO CD M M COM O LO OD m O O m O G O Q p A M(O (O In N c <p O O c b W O O �p O (D M Q7 •D !� b LO •D n 1.0 N f j , CV CO O O ' CO O < O CV VI O O CD Q • I y` CA r o• < O CA O CA Q> M •D COG O CVO O O O O CVO CV Q CVCdO N MN NrN Oi to N Ci Cr n o V O K to Q sr °O I1) d d ` co ` Z vs ` N •C, CO LC, ' r ' O CO ICI ' ' CC, 0, 0 ICJ r N n 07 CA W VD CO m CI, CO COMccr CO O N N N Mesi M `- < N N a fOmO N M N O 0 a H, CD - C.) N CO mCA N O oOi M O O O CO al 1 n O) Q N _ M O 4- CA CO O O Q Ca in •0 uD • CO' to m Cr' uoi uoi Cr or m Ca COCA to ' 0 M • m 0 o • M n to ^I '13al m < CO CA M CV M m v_ v Q mOr Or ' co co ✓ v v U.. ,', LC, CO O CA ' o> O CO N • N < to co CA CO• N O O m n 0 -'a .t3 at N •n L6 (. M of L m C• O ' COO M • COO N O . M N ' ' N N CU N C CO Q N m M N M O7CV U N- L.L Y ^ D a, O Oi of l 7 M v v CO — CO C b ' O M ' O• O 0 ' M 0 ' ' 0 to CA 4- Cri Cri Or CS ���/� c ^C^,, T LO < CO W CO N O ODCV C m L 1 1 w _• O Q Q 3 N N t M A n N a^) N a) m X AAL-� 'Q La OD N N N ' O W Y/ cA� 8 g O V M LW m Q N R O N N • O C LI _ < A CO L m CO N N N ���//) IL Q r N N N �,i a) t O O7 •D .o •c O N N O Q N R D CV wC I W ) E to ' A W ' ' A st R CO COO O }� Cl Z N N Cr Q a al I�^+ CA U) to • N. • LO ' 0 ' 0 N. OI • ' 01 0) N - ' - • Co. ih CO CO_ _ CO O R 4-0z Q va 'oi, to- U 'C CA (I) ell r oCA A v N O Ti N M ri to tti in Q a) "' E N Q O O a N CV E CV W d .J ry U d N �• 0 6 d N G oE .E @ea, 0 `o a CODI E {Vj N J l0 2 - C ��.. d ��„ d U co 11.1 01 Q E Q L L' i' y Si 8 LL c O o ti; ti c N O 0, 8 8 c1.D 1LL j c 7 m K Or - c > =CO CO Q' ��yq c c 2 2 pp;; p 0 W W m m V U NI a U U d' K (L' Q' U ~ CO 10 N ~ W C C CL 16I1A4 QUARRY Community Development District Statement of Revenue and Expenditures -All Funds Notes to the Financial Statements Notes to the Financial Statements-General Fund October 1,2024-September3O,2025 General Fund Variance Analysis Budget target: 50% Annual %of Account Name Budget YTD Actual Budget Explanation Expenditures Administration ProfServ-Property Appraiser $34,294 $7,526 22% Collier County PA to-date ProfServ-Trustee Fees $4,041 $4,041 100% U.S.Bank trustee paid in full Insurance-General Liability $7,644 $7,227 95% EGIS Insurance FY 2025 paid in full Field Contracts-Lake Maintenance $65,004 $32,991 51% January increase from$5,417 to$5,580 R&M-Fence $2,500 $5,675 227% Fence install/repair Page 8 1611A4 Quarry Community Development District (CDD) General Fund, Quarry Debt Service Fund, Capital Projects (FEMA) Fund Supporting Schedules October 1, 2024 - March 31, 2025 QUARRY 16 I 1 A 4 Community Development District General Debt Service Funds General Fund & Quarry Debt Service Fund Non-Ad Valorem Special Assessments - Collier County Tax Collector (Monthly Collection Distributions) October 1, 2024 - March 31, 2025 ALLOCATION BY FUND Discount/ Gross Series 2020 Date Net Amount (Penalties) Collection Amount General Debt Service Received Received Amount Cost Received Fund Fund Assessments Levied $ 2,286,271 $ 814,046 $ 1,472,226 Allocation % 100.00% 35.61% 64.39% Real Estate-Installment 10/31/24 $ 7,913 $ 413 $ 161 $ 8,487 $ 3,022 $ 5,465 11/14/24 613 - 13 626 223 403 12/12/24 491 15 10 516 184 332 12/24/24 1,742 55 36 1,833 653 1,180 01/09/25 84,098 2,705 1,716 88,520 31,518 57,002 02/07/25 852 27 17 897 319 577 03/06/25 1,436 - 29 1,466 522 944 Real Estate-Current 11/08/24 16,228 890 331 17,449 6,213 11,236 11/14/24 211,142 3,977 4,309 219,428 78,129 141,299 11/21/24 277,238 11,787 5,658 294,683 104,924 189,759 12/05/24 1,140,473 48,489 23,275 1,212,238 431,627 780,610 12/09/24 58,904 2,504 1,202 62,611 22,293 40,318 12/12/24 157,001 6,600 3,204 166,806 59,393 107,413 12/24/24 40,486 1,322 826 42,635 15,180 27,454 01/09/25 697 22 14 733 261 472 02/07/25 49,252 1,051 1,005 51,309 18,269 33,040 03/06/25 35,873 433 732 37,038 13,188 23,850 TOTAL $ 2,084,441 $ 80,291 $ 42,540 $ 2,207,272 $ 785,917 $ 1,421,355 %COLLECTED 96.54% 96.54% 96.54% TOTAL OUTSTANDING $ 78,999 $ 28,128 $ 50,871 Page 9 QUARRY 16 I 1 A 4 Community Development District General Fund, Quarry Debt Service Fund, Capital Projects (FEMA) Fund Cash & Investment Report October 1, 2024 -March 31, 2025 ACCOUNT NAME BANK NAME YIELD BALANCE OPERATING FUND Government Interest Checking Valley National Bank 4.33% $ 1,382,771 Public Funds MMA Variance Account BankUnited 4.06% 999,270 Subtotal 2,382,041 DEBT SERVICE AND CAPITAL PROJECT FUNDS Series 2020 Revenue Fund U.S. Bank 4.25% 1,864,929 Series 2020 Construction Fund U.S. Bank 4.25% 1,842,022 Total $ 6,088,992 Page 10 16I1A4 Monday,April 28,2025 Bank Account Statement (General Fund) Page 1 Quarry CDD SINGUANZO2 Bank Account No. 7852 Statement No. 03-25 Statement Date 03/31/2025 G/L Account No.101002 Balance 1,382,771.45 Statement Balance 1,383,271.45 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 1,383,271.45 Subtotal 1,382,771.45 Outstanding Checks -500.00 Negative Adjustments 0.00 Ending Balance 1,382,771.45 Endina G/L Balance 1,382,771.45 uocument uocument Posting Date Type No. Vendor Description Amount Cleared Amount Difference Outstanding Checks 03/18/2025 Payment 100036 DISASTER LAW& Inv:030325- -500.00 Total Outstanding Checks -500.00 Page 11 QUARRY 16 I 1 A 4 Community Development District Capital Project(FEMA) Fund Acquisition and Construction October 1, 2021 - March 31, 2025 DATE RECEIVED SOURCES OF FUNDS REQ# TOTAL 10/1/2021 State of Florida $ 3,350,061.50 10/26/2021 State of Florida 828,145.56 10/26/2021 State of Florida 46,008.09 11/17/2021 State of Florida 94,901.34 11/17/2021 State of Florida 91,213.19 12/21/2021 State of Florida 65,276.88 12/17/2021 FEMA check sent to U.S.Bank exceeded actual checks - 1/10/2022 State of Florida 18,585.00 1/10/2022 State of Florida 1,032.50 Total $ 4,495,224.06 LESS: 11/1/2021 Debt Service- Principal Prepayment 1,351,000.00 DEPOSIT-Acquisition and Construction $ 3,144,224.06 OTHER SOURCES 11/1/2021 Transfer from Revenue Acct 4004 938.50 Dividends FY 2022 145.89 Dividends FY 2023 44,143.78 Dividends FY 2024 109,550.78 Dividends thru 3/31/25 41,458.66 TOTAL SOURCES OF FUNDS $ 196,237.61 USE OF FUNDS: DATE VENDOR REQUISITIONS REQ# TOTAL 4/27/2022 CPH 1 4,940.00 4/27/2022 Kutak Rock LLP 2 988.00 5/24/2022 Midwest Construction Products Corp 3 475.00 5/16/2022 Midwest Construction Products Corp 4 3,000.00 5/16/2022 Midwest Construction Products Corp 5 7,900.00 5/24/2022 Kutak Rock LLP 6 1,776.45 5/24/2022 CPH 7 11,615.40 6/9/2022 Kutak Rock LLP 8 1,378.00 6/9/2022 Midwest Construction Products Corp 9 1,900.00 6/9/2022 Midwest Construction Products Corp 10 4,800.00 6/9/2022 Midwest Construction Products Corp 11 1,425.00 6/9/2022 Crosscreek Environmental LLC 12 2,997.66 Page 12 QUARRY 16 I 1 A 4 Community Development District Capital Project(FEMA) Fund Acquisition and Construction October 1, 2021 - March 31, 2025 DATE RECEIVED SOURCES OF FUNDS REQ# TOTAL 8/1/2022 CPH 13 27,155.66 8/1/2022 CPH 14 1,800.00 8/1/2022 CPH 15 33,809.58 8/22/2022 Crosscreek Environmental LLC 16 4,000.13 8/22/2022 Midwest Construction Products Corp 17 6,000.00 8/22/2022 Midwest Construction Products Corp 18 1,020.00 8/22/2022 MJS Golf Services LLC 19 7,615.15 8/22/2022 MJS Golf Services LLC 20 4,157.51 8/22/2022 MJS Golf Services LLC 21 12,849.68 8/22/2022 MJS Golf Services LLC 22 6,568.09 8/22/2022 MJS Golf Services LLC 23 5,058.60 8/22/2022 MJS Golf Services LLC 24 16,849.00 8/22/2022 MJS Golf Services LLC 25 49,004.13 8/22/2022 MJS Golf Services LLC 26 4,346.44 8/26/2022 CPH 27 7,745.15 9/14/2022 MJS Golf Services LLC 28 7,887.77 9/14/2022 Glase Golf, Inc 29 319,983.78 10/20/2022 Crosscreek Environmental LLC 30 5,295.80 10/20/2022 CPH 31 6,513.38 10/20/2022 Kutak Rock LLP 32 78.00 12/2/2022 CPH 33 8,866.67 12/21/2022 CPH 34 4,500.00 1/25/2023 CPH 35 5,398.75 2/17/2023 CPH 36 1,828.75 2/17/2023 CPH 37 110.00 4/17/2023 MJS Golf Services LLC 38 17,952.64 4/17/2023 MJS Golf Services LLC 39 2,844.35 4/17/2023 MJS Golf Services LLC 40 5,715.47 4/17/2023 MJS Golf Services LLC 41 10,351.76 5/2/2023 MJS Golf Services LLC 42 4,619.04 5/2/2023 MJS Golf Services LLC 43 4,014.17 5/2/2023 CPH 44 560.60 5/2/2023 MJS Golf Services LLC 45 14,377.92 5/2/2023 MJS Golf Services LLC 46 2,876.79 5/2/2023 MJS Golf Services LLC 47 5,672.47 5/2/2023 MJS Golf Services LLC 48 14,338.68 5/3/2023 MJS Golf Services LLC 49 5,153.28 5/3/2023 Midwest Construction Products Corp 50 3,302.00 5/3/2023 Midwest Construction Products Corp 51 5,248.00 5/3/2023 Midwest Construction Products Corp 52 2,637.00 Page 13 QUARRY 16 I l A 4 Community Development District Capital Project(FEMA) Fund Acquisition and Construction October 1, 2021 -March 31, 2025 DATE RECEIVED SOURCES OF FUNDS REQ# TOTAL 5/3/2023 CPH 53 9,283.60 5/3/2023 MJS Golf Services LLC 54 8,194.20 6/13/2023 MJS Golf Services LLC 55 14,425.44 6/13/2023 Ewing Irrigation Products, Inc 56 34,725.39 5/30/2023 MJS Golf Services LLC 57 3,993.31 5/30/2023 MJS Golf Services LLC 58 16,314.17 6/13/2023 Midwest Construction Products Corp 59 5,251.00 6/13/2023 Midwest Construction Products Corp 60 2,637.00 6/13/2023 MJS Golf Services LLC 61 2,294.58 6/13/2023 MJS Golf Services LLC 62 12,704.54 6/13/2023 MJS Golf Services LLC 63 14,018.04 6/13/2023 MJS Golf Services LLC 64 8,564.45 6/13/2023 MJS Golf Services LLC 65 11,911.32 7/26/2023 Midwest Construction Products Corp 66 950.00 7/26/2023 Midwest Construction Products Corp 67 5,447.00 7/20/2023 Midwest Construction Products Corp 68 392.00 7/20/2023 Midwest Construction Products Corp 69 870.00 7/20/2023 Midwest Construction Products Corp 70 392.00 7/20/2023 CPH 71 11,485.79 7/20/2023 MJS Golf Services LLC 72 9,372.24 7/20/2023 MJS Golf Services LLC 73 5,298.36 7/20/2023 MJS Golf Services LLC 74 18,759.39 7/20/2023 MJS Golf Services LLC 75 8,737.08 7/20/2023 Crosscreek Environmental LLC 76 15,626.44 7/26/2023 Glase Golf, Inc 77 115,089.05 7/26/2023 MJS Golf Services LLC 78 6,330.90 7/26/2023 MJS Golf Services LLC 79 3,984.81 8/14/2023 MJS Golf Services LLC 80 3,086.64 7/26/2023 MJS Golf Services LLC 81 2,040.72 7/26/2023 MJS Golf Services LLC 82 1,031.52 7/27/2023 CPH 83 16,267.89 7/27/2023 CPH 84 20,538.00 8/22/2023 Midwest Construction Products Corp 85 582.00 8/22/2023 Midwest Construction Products Corp 86 600.00 8/22/2023 Crosscreek Environmental LLC 87 6,998.12 9/13/2023 Inframark 88 2,425.00 9/13/2023 CPH 89 27,466.95 1/9/2024 MJS Golf Services LLC 90 1,082.64 1/8/2024 The Quarry Community Association 91 2,863.80 1/8/2024 Kutak Rock LLP 92 234.00 Page 14 QUARRY t 6 I 1 M 4 Community Development District Capital Project(FEMA) Fund Acquisition and Construction October 1, 2021 -March 31, 2025 DATE RECEIVED SOURCES OF FUNDS REQ# TOTAL 1/8/2024 CPH 93 6,136.50 1/8/2024 Midwest Construction Products Corp 94 600.00 2/16/2024 CPH 95 2,364.28 2/22/2024 CPH 96 104.60 2/22/2024 CPH 97 754.65 5/9/2024 Glase Golf, Inc 98 331,640.00 11/1/2024 Inframark 99 2,925.00 11/1/2024 Inframark 100 175.00 2/4/2025 CPH 101 630.00 2/4/2025 Glase Golf, Inc 102 29,538.16 Total Requisitions 1,498,439.27 TOTAL CONSTRUCTION ACCOUNT BALANCE @ 3/31/25 $ 1,842,022.40 8/31/2023 Less: Contracts-Payable 371,993.38 9/30/2023 Less: Contracts-Payable 5,763.62 Capital Projects $ 1,464,265.40 Includes funds received from FDEM/FEMA Page 15 1 6 I 1 A 4 General Fund QUARRY CDD Cash Flow Analysis -General Fund April 1, 2025-September 30, 2025 Account Balances Interest Account Account Name Rate Balance Checking Account-Valley National Bank 4.33% $ 1,382,771 Money Markey Account-BankUnited 4.06% 999,270 Total Account Balances $2,382,041 Cash Flow Analysis Operating Accounts(Checking) Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Beginning Bank Balance $1,382,771 $1,354,039 $1,313,794 $1,264,672 $1,217,940 $1,168,818 Cash Out-Disbursements (76,871) (49,636) (49,455) (75,801) (49,455) (120,806) Cash In-Assessments/Other Revenues 48,138 9,391 333 29,069 333 337 Ending Balance $1,354,039 $1,313,794 $1,264,672 $1,217,940 $1,168,818 $1,048,350 Page 16 161 1A 4 c 0 Wal . . . . O . co CO 0 0 CO CO Lin 0 o n N o o Lh O O O aD a0 O O O O N V' N O O o W CO (0 0 O CD O O co N O co O O ? 7 CO Cr CO 4) N N LD m Vi Lri. tlf U' aNC) N 7 V CO w a 12 12 ti 12 F- 12 # Y Y Y Y U U U U U U0 N 0 0 W W t C u U U U U O 0 0 0 0 0 0 0 0 U 0 o U O U Q M M M M CO COd' CO N M 'I' W W L.? LD N N In l() N L() N N I0 O 0 0 F' lA O N (0 h LO Cr I— 0 0 V VO' 0 CO 0 O 0 N O N 00 0 0 0 OC 0 co C CD CD V' W N 7 O O N N LO LN iceO ,- N Up) N LO) N W U. 0 OLa L a cdc•Vr„ N E O C C W C C U_ N U W gi W tT O) 0 N W U. W O) O LCp m Q Q CD tl, CO W CO 'd 0 m m m W co N N N W LL E O W N N W = N J sO 2 E N C co N N U. it D C U N H N J W f 11 J L L ai N c 3 li A d m aZi @ °' rn L L c '�' E y o 0 co 2 2 2 m m K ce U 2 a s a s a s a 0 0 C N C O LL N d al _ U C) O y 9 O O Z N IL ". 2 C co0 U O 12 O Q •C OQ N N U CCI v d N a 2 W CO W ' W W `" 2 0 IT M L 0 >. W W re co d O U C Q N N Q W a' 0 0 N N 7 a C O E Z Z co N E w 'O co a Z I CO Co U) co E -0 m m C 0 M co CO CO Z 0 u. a d Cn —I CC W W 1 a g 51 LL LL CO CO 0 U C Y O OW U U -Jos 0) co o z 1— J J 0 O (I) CO O 0 u_ W Q Y LJi I- 1- U U U' U 0 Z Z 2 f/) _1 M CO N U CO co W W < Z N O Q _ N N N LO N 2 2 W O Q CO CO O O N N CO N N W W LLI Lu Z Z J co co N N Z ZCC CC m CO CO CO co 3 LL , Q ( " f 2 LL < ci M Lh V Z V V 0 CO NV' CO O NO 0 N m CO CO CO N N O O O O N O CO N N N 0 CV 0 C C)) C) C) (/) LO N LO N N 0, CO Q co co0 W W W W 4 4 N o 0 U U U U n N- M m 0 C 0 Z J ' Q Q ee CY CC CI: --I U. Z z 0 0 0 0 z V z z ZZZZ _1 m m W W W W m w w w w Z IX W a 0 0 0 0 0 N 0 O r Y rr aJ U U °° I". U 0 2 2 2 2 Y Y J LL g W 0 0 Z K 0 U 0 COO 6 CO COO Z Z CC 2 2 F e CC ZZZZ COa COa C Q K g co N0 Q CC Za aa a > > YY U_ LL z z COp N OO O O N LO LO )O LO CO lO L[) w N N co� N N 07 N W N LO N W J 0 0 0 0 0 p0 00 W co C W o co co 6 O 0 Lh M lh M M M M M t`� •07 L0 h W O co # 0 0 0 0 # 0 0 # 0 0 # 0 0 O (A W Y Y Y Y Y c 0 Z W o 0 0 0 w o o w o o w o o W 0 Tr w 0 w 0 7 Z W = 0 0 0 0 = 0 0 = 0 0 = 0 0 = O 0 I N = N U. 0 0 0 0 0 0 N U 0 16 1 1A 4 C 0 O 0p O QE a m 0 m a x C 'a o a C y Q m J L 0 0 A 0 C 0 c U m m 0 J 0 m O O C N p LL a ✓ _ E C O O cl) 7 p z cLL = C Lo U G O -• D p Q O. U fa c\v C H Y N N oO NCe co Q 3 a p 0 U 7 C! c o >. C1 a w m c >, 0 r a U. a• s d (1) 111 a _• o C9 U- 0 z m u m m 0. m to 0 V C O LL Z 16I1A4 0 April 21, 2025 Quarry Community Development District Collier County, Florida Subject: Work Authorization Number 7 Quarry Community Development District Dear Chairman, Board of Supervisors: CPH Consulting, LLC. ("Engineer") is pleased to submit this work authorization to provide engineering services for the Quarry Community Development District("District"). We will provide these services pursuant to our current agreement dated April 2019 ("Engineering Agreement") as follows: I. Scope of Work The District will engage the Engineer to perform the work described in Attachment A. II. Fees The District will compensate the Engineer in accordance with the terms of the Agreement and Attachment A. This proposal, together with the Engineering Agreement, represents the entire understanding between the District and Engineer with regard to the referenced work authorization. If you wish to accept this work authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services. APPROVED AND ACCEPTED Sincerely, QUARRY COMMUNITY DEVELOPMENT CPH Consulting, LLC. DISTRICT By: _ ! By: Authorized Representative Albert Lopez Date: s 7 zc z-tz Date: S-/Vir CPH job#2500630 1 6 I 1A 4 0 Th ATTACHMENT "A" AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CPH CONSULTING, LLC. AND QUARRY COMMUNITY DEVELOPMENT DISTRICT FOR PHASE III — CONSTRUCTION OBSERVATION SERVICES April 21, 2025 CPH Consulting, LLC. (CPH) has prepared a proposal of services and fees to provide certain construction observation services for the above referenced project. CPH Consulting, LLC., hereinafter known as CPH or CONSULTANT, proposes to furnish QUARRY CDD, hereinafter known as the Client, the professional services described below for the fees stipulated herein. PROJECT DESCRIPTION CPH will provide construction observation services to several existing stormwater management lakes. SCOPE OF SERVICES: TASK 1.0 CONSTRUCTION OBSERVATION SERVICES CPH will provide Limited construction support services to the CLIENT throughout the duration of the project construction period. For the purposes of this scope of work, the construction duration shall be thirty-five (35) business days. The construction support scope of work shall include the following: • CPH shall review and respond to up to twenty (10) Requests for Information (RFI's) from the general contractor. Responses shall be provided within a timely manner as defined on a project basis. RFI's that are due to insufficient or unclear information in the construction documents will not count towards the number of RFI's. • CPH shall review up to ten (10) product submittals and/or shop drawings for conformance with the design intent of the Construction Documents. Responses shall be provided within a timely manner as defined on a project basis. • CPH shall conduct daily site observation visits for the duration of the construction period. These visits shall be coordinated with the owner and contractor based upon the project schedule and progress. 1611A4 0 Th CPH shall conduct a final observation / punch out of the project at near completion and provide a punch list of work to be corrected or completed for compliance with the construction do uments. tc,c C35f4v. ,�,✓s 7 CicCca c •,Tsfcc. T .I�r�r� ''y.( f 4.K 0fit1> CAMI/C RESPONSIBILITIES OF OTHERS • The Client shall guarantee access to and make provisions for CPH to enter public or private lands as required by CPH to perform their work under this Agreement. • It is understood that CPH Consulting, LLC. will perform services under the sole direction of the Client or his designated representative. In the performance of these services, CPH will coordinate its efforts with those of other project team members and consultants as required. The Client shall provide CPH with all project related information available, including the existing land plan, property legal description, title work, boundary and topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and completeness of all Client furnished information in connection with the performance of services under this agreement. • Plant procurement and installation. SERVICES NOT INCLUDED The following services are not anticipated and, therefore, not included in this Agreement at this time: • Environmental studies and coordination of environmental issues with the regulatory agencies. • Wetlands Permitting. • Wildlife Assessments and Permitting. • Review of an alternative product in lieu of the product called for on the plans and specifications. • Services resulting from changes made by client following the completion of specific project tasks that require re-work by CPH. • Special meetings with agencies, other consultants or Client not normally required to perform the work described in the Scope of Services, except those meetings specifically identified in the above Scope of Work. • Phase II and remediation. • Any other issues not specifically described in this proposal. Should work be required in any of these areas, or areas not previously described, CPH will prepare a proposal or amendment, at the CLIENT's request,that contains the Scope of Services, fee and schedule required to complete the additional work item. COMPENSATION Labor CPH will perform the Scope of Services contained in the Agreement as identified on each task, either lump sum or time and materials. Refer to the Standard Hourly Rate Schedule to be utilized on this project. The following is the breakdown of fees for each task. Tasks that are identified as Time and Materials (Hourly) have been provided am 'Upset Limit' (USL) budget. The CLIENT will be informed if the Hourly fees listed herein are anticipated to exceed the amount listed below. CPH job#2500630 1A4 D TASK# TASK DESCRIPTION BILLING FEE METHOD 1.0 Construction Observation Services Hourly (NTE) $57,120.00 TOTAL $57,120.00 CPH Staffing Cost Category Rate Qty Total Project Manager I $200.00 24.00 $4,800.00 Construction Rep Ill $195.00 256.00 $49,920.00 Administrative I $100.00 24.00 $2,400.00 Total 304.00 $57,120.00 Reimbursable Expenses All expenses related to travel (lodging, per diem and mileage/car rental), reprographics, and communications (cellphone) shall be billed as a reimbursable expense. 611A4 May 7, 2025 Quarry Community Development District Collier County, Florida Subject: Work Authorization Number 8 Quarry Community Development District Dear Chairman, Board of Supervisors: CPH, Inc. ("Engineer") is pleased to submit this work authorization to provide engineering services for the Quarry Community Development District("District"). We will provide these services pursuant to our current agreement dated April 2019 ("Engineering Agreement")as follows: I. Scope of Work The District will engage the Engineer to perform the work described in Attachment A. !!. Fees The District will compensate the Engineer in accordance with the terms of the Agreement and Attachment A. This proposal, together with the Engineering Agreement, represents the entire understanding between the District and Engineer with regard to the referenced work authorization. If you wish to accept this work authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services. APPROVED AND ACCEPTED Sincerely, QUARRY COMMUNITY DEVELOPMENT CPH,INC. DISTRICT By: By: . Authorized Representative Date: 5// ,/ io zs— Date: 05/07/2025 1 6 I 1 A 4 ATTACHMENT "A" cy OMay 7, 2025 2216 Altamont Avenue Vice Chairman Dean Britt Fort Myers,Florida 33901 The Quarry Community Development District Phone:239.332.5499 C/O I nfram a rk Fax:239.332.2955 210 N. University Drive WWw.cphcorp.co„t Suite 702, Coral Springs, FL 33071 The Quarry CDD Naples Lake 42 NW Corner Repairs Exhibit - Scope of Services CPH Consulting, LLC will provide slope remediation schematic design for construction for the limited areas reflected on the Exibit below,this scope will be adreesed as a change order to the Crosscreek contract. These services will be provided following the general terms of the FOR continuous services agreement. "EXHIBIT" T_ ' ( 41, 11.11-.tt:, II‘ %TO: . ..:1:: • ,,..:. . illie IN , 04111 I 9 i 1 r 4.,,,,.s idi sm. w ,..,. 9513 IN! 4 0 � 4 , — . Q _ %. t • r a A'. , AM! I6I1A4 1.0 Civil Schematich Design Based on visual assessment of this area, CPH will prepare the schematic construction plans and specifications. The plans will include: • Site plan with general details These plans will depict general boundary limits for the affected area to direct the GC on the limits of construction and the specific type of repair that will include specific details for littoral shelf treatment and hardened shoreline treatment(riprap). Plans will be supplied to the CLIENT in the reproducible form at a suitable scale to fit on a thirty-inch by forty-two- inch (30"x42") plan sheet and will be accurate and eligible. The plans and data will be reviewed with the client, before submitting for construction. RESPONSIBILITIES OF OTHERS • The Client shall guarantee access to and make provisions for CPH to enter public or private lands as required by CPH to perform their work under this Agreement. • It is understood that CPH will perform services under the sole direction of the Client or his designated representative. In the performance of these services, CPH will coordinate its efforts with those of other project team members and consultants as required. The Client shall provide CPH with all project-related information available, including the existing land plan, property legal description, title work, boundary and topographic surveys, geotechnical investigation reports, etc. CPH will rely upon the accuracy and completeness of all Client furnished information in connection with the performance of services under this agreement. SERVICES NOT INCLUDED The following services are not anticipated and, therefore, not included in this Agreement at this time: • Pre-bid meeting. • Construction contract preparation. • Construction administration services. • Services resulting from changes made by Client following the completion of specific project tasks that require re-work by CPH. • Special meetings with agencies, other consultants, or Client not normally required to perform the work described in the Scope of Services, except those meetings specifically identified in the above Scope of Work. • Any other issues not specifically described in this proposal. Should work be required in any of these areas, or areas not previously described, CPH will prepare a proposal or amendment, at the CLIENT'S request, that contains the Scope of Services, fee, and schedule required to complete the additional work item. COMPENSATION I611A4 Labor CPH will perform the Scope of Services contained in this Agreement as identified on each task, either lump-sum or time and materials. Refer to the Standard Hourly Rate Schedule to be utilized on this project. The following is the breakdown of fees for each task. Tasks that are identified as time and materials (Hourly) have been provided an "Upset Limit" (USL) budget. The CLIENT will be informed if the hourly fees listed herein are anticipated to exceed the amount listed below. Phase No. Phase Description Billing Method Fee CONSULTANT 1.0 Civil Schematic Design Lump Sum $3,070.00 Total $3,070.00 Reimbursable Expenses In addition to the labor compensation outlined above, CPH shall be reimbursed directly for project-specific expenditures such as, but not limited to, printing and reprographics, meals, mileage, postage, and telephone usage. Reimbursable expenses will be billed at their actual cost, without markup. CPH, INC. /// f ` Albert Lopez Signature Office Manager ,^ Title: t �I/J./4•,ri'+ti/?‘ May 7, 2025 5/)'1Z C Date Date 16 1 , 4 0 2216 Altamont Avenue Fort Myers,Florida 33901 Phone:239.332.5499 Fax:239.332.2955 April 21, 2025 www.cphcorp.com The Quarry Community Development District CIO I nframark 5911 Country Lakes Drive Fort Myers, Florida 33905 Re: Proposal for Existing Stormwater Management Lakes Assessment Mr. Faircloth: CPH Consulting, LLC. is pleased to provide this proposal for the inspection/assessment of several existing stormwater lakes and drainage structures. • CPH representative shall conduct a visual field inspection of thirty (30) lakes/stormwater management ponds excluding any below water level inspection. The field inspection will document existing conditions such as vegetation, bank stabilization issues and review of drainage pipes and structures. • CPH anticipates 5.0 days to conduct the field assessment of the lakes/stormwater ponds, pipes and drainage structures. • CPH shall prepare a memorandum report discussing the field observations, photographs documenting existing conditions,and advisement on remedial actions and maintenance issues. • CPH shall prepare a scope of work recommendations as necessary to correct any deficiencies based on assessment findings. • CPH will produce a report based on these inspections. CPH agrees to perform this work at a lump sum fee of$12,400.00 Payment for services rendered will be due within forty-five (45) days of invoicing. Should The Quarry CDD (CLIENT)choose to not complete the project at any phase of the project, CPH will be due any fees for services up to the time the CLIENT informs CPH in writing to stop work. Payment for services up to the time of the CLIENT'S notice will be due within thirty (30) days of the final invoice. Invoice payments must be kept current for services to continue. CPH reserves the right to terminate or suspend work when invoices become ninety (90)days past due. In the event that the work is suspended or terminated as a result of non-payment, CLIENT agrees that CPH will not be responsible for CLIENT's failure to meet project deadlines imposed by governments, lenders, or other third parties. Neither is CPH responsible for other adverse consequences as a result of termination or suspension of work for non-payment of the invoices. This proposal is void if not executed and returned to CPH within 30 days of CPH's execution of the proposal. The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. CPH is authorized to do the work as specified and payment will be made as outlined above. - 1 - 6 I 1 A 4 By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement and agree to be bound by the terms contained herein. If you are in agreement with the above Scope of Services and fees, please sign and return one (1)copy of this letter to our office for our records, and as our Notice to Proceed. CPH, INC. By: Albert Lopez Signature Office Manager /^ Title: L ito,ie,-.,.e-441 04/22/2025 / , OS//2/707 Date Date - 2 - 16I1A �4 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) QUARRY COMMUNITY DEVELOPMENT DISTRICT- SHORELINE RESTORATION PHASE III This Agreement is by and between Quarry Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes ("Owner") and Crosscreek Environmental, Inc.,a Florida corporation ("Contractor"). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is generally described as follows: All labor, materials, equipment, services, and documentation necessary to construct the Project defined herein.The Work may include related services such as testing, start-up, and commissioning,all as required by the Contract Documents ARTICLE 2—THE PROJECT 2.01 The Project,of which the Work under the Contract Documents is a part, is generally described as follows: the shoreline restoration project more particularly described in those certain Construction Plans for the Quarry CDD 2022 Shoreline Phase Ill, Collier County, Florida (Bid Set Amendment 1 2/7/25)prepared by CPH, Inc. (also known as Shoreline Restoration Phase III) ARTICLE 3—ENGINEER 3.01 The Owner has retained CPH, Inc. located at 2216 Altamont Avenue, Fort Myers, Florida 33901 ("Engineer")to act as Owner's representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by Engineer. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. 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.The Work to be performed under this Agreement shall be commenced no later than ten (10) calendar days, including Saturdays Sundays, and holidays,from receipt of deposit. EJCDCt C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 14 1 6 I 1A 4 4.02 Contract Times:Datcs 1431A 4.03 Contract Times:Days A. The Work will be substantially complete, including the submittal of all invoices with the exception of retainage, within ninety J901 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment,including the submittal of the final invoice for all amounts owed under the contract (including retainage)4 in accordance with Paragraph 15.06 of the General Conditions within thirty 1301 days after the date when the Contract Times commence to run. 4.05 Liquidated Damages A. 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 awsl within the Contract Times, as duly modified. 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. The Owner and Contractor agree that an assessment of actual damages as of the date of this Agreement would be uncertain, and the amount of liquidated damages set forth herein is reasonable. Accordingly, instead of requiring any such proof of actual damages, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty): 1. Substantial Completion:Contractor shall pay Owner$500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. 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 $1,000 for each day that expires after such time +++til when the Work is completed and ready for final payment(final completion, as defined below). • 4. Liquidated damages for failing to timely attain AA-ilestsflesr-Substantial Completion, and final completion are not additive, and will not be imposed concurrently. EJCOC°C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright')2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 14 1 6 I 1 A 4 precluded from. recovering any other damages, whether actual, direct, excel, or conseqoert+a4 C. A. Contract434 shall rcimburso $ . Times,and-(2)for the actual costsr and administrative services needed after the time specified in ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor tor completion of the Work in accordance with the Contract Documents, the amounts that follow,subject to adjustment under the Contract: A. For all Work, other than Unit Price Work, a lump sum of$29,454.00, which is the price for mobilization and payment and performance bonds. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. B. 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 Description Unit Estimated Unit Extended No. Quantity Price Price 1 Import Fill,Fill to Meet 4:1 CY 1,082 $90 $97,380 Slope 2 6"to 8"Rip Rap Ton 1,267 $155 $196,385 EJCDC°C•520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright'''2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 14 1611A4 Unit Price Work Item Description Unit Estimated Unit Extended No. Quantity Price Price New Sod on Impacted Bank 3 Area—St.Augustine(2'along SY 330 $14.50 $4,785 bank area) New Sod on Impacted Bank 4 Area—Paspallum(2'along Golf SY 7 $23 $161 Course bank area) 5 Geotextile SY 910 $3.50 $3,185 6 Biodegradable Erosion Blanket SY 1,040 $10.75 $11,180 7 Littoral Planting—1 Gal EA 840 $5.00 $4,200 8 Littoral Planting—2"Liners EA 2,541 $1.50 $3,811.50 9 14"x 14"Yard Drain EA 5 $235 $1,175 Relocation/New 10 'ADS Double Wall Drainage LF 570 $20 $11,400 Pipe 11 6"ADS Double Wall Drainage LF 790 $26 $20,540 Pipe 12 Downspout Tie-In Adapter EA 23 $23 $529 13 4"Fittings/Bends EA 44 $75 $3,300 14 6"Fittings/Bends EA 22 $135 $2,970 15 *Irrigation Line Relocation/New LF See Note $15 See Note 16 'Irrigation Head EA See Note $30 See Note Relocation/New 17 **Additional bare root planting LF 6,000 $1.50 $9,000 Total of all Extended Prices for Unit Price Work(subject to final $361,001.50 adjustment based on actual quantities and excluding items with asterisks) Contractor will be fully responsible for restoring all disturbed areas including but not limited to: Sod, Landscape, sidewalks, irrigation lines,concrete curbing,and carts paths affected by the construction activities at their cost. Contractor shall follow downspout connection detail located on Sheet C-8. *Estimate not available- Items to be field Verified. **Additional Bare Root Planting to be planted at Owner's discretion. 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. C. Total of Lump Sum Amount and Unit Price Work (subject to final Unit Price adjustment) $390,455.50. D. For all Work, including additions or changes to the Work, payment shall be made in accordance with at-the prices stated in Contractor's Bid,attached hereto as an exhibit. EJCDC*C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 14 1 6 I fA ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. 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. 6.02 Progress Payments;Retainage A. Owner shall make progress payments on the basis of Contractor's Applications for Payment in a manner consistent with the Local Government Prompt Payment Act, sections 218.70 through 218.80 of the Florida Statutes. • eme .All such payments will be measured by the Schedule of Values established as provided in the General Conditions(and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. Five percent (5%) of the amount of each progress,Qayment shall be withheld as retainage until substantial completion of the Work. Within twenty(20) business days after the development of the punch list items and estimated cost to complete each punch list item, Owner shall pay the Contractor the remaining contract balance that includes all retainage previously withheld less an amount equal to one hundred fifty percent (150%) of the estimated cost to complete the punch list items. Upon final completion and acceptance of the Work by the Owner, including satisfaction of all punch list requirements, and submission of all documents required under Paragraph 15.06 of the General Conditions, Owner shall pay the remaining outstanding balance,including the withheld amount pursuant to the sentence immediately preceding this, subject to any offsets to which the Owner is entitled. +etainagc). 1) If 50 percent or more of the Work has been pleted,--as- er+� ed by • and • B. off by Owner pursuant to f' EJCDC.C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright"'2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 of 14 16IlA4 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Engineer and in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, shall beat interest from thirty(30)days after the due date at the rate of two percent (2%) per month on the unpaid balance in accordance with Section 218.735, Florida Statutes. ARTICLE 7—CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement as modified herein. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions as modified therein. 4. Supplementary Conditions Relating to Insurance Requirements, Subsurface Conditions, and Hazardous Conditions. 5. atta(-# ). 7. Drawings listed on the attached sheet index. 9. Exhibits to this Agreement(enumerated as follows): a. Form of Performance Bond and Form of Payment Bond (Exhibit A) b. Contractor's Bid (Exhibit B) c. Technical Specifications, Construction Plans, and Geotechnical Reports(Exhibit C) 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. EJCDC"C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 14 6I 1A b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8—REPRESENTATIONS,CERTIFICATIONS,AND STIPULATIONS 8.01 Contractor's Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda, if any. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, if any, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. 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 Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information,observations,and Technical Data on(a) the cost,progress,and performance of the Work; (b)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c)Contractor's safety precautions and programs. 7. 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, EJCDC'C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 of 14 1 6 I 1A4 within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. 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. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. 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. 12. Contractor is financially solvent, able to pay its debts as they mature and possesses sufficient working capital(subject to payments by Owner required under this Agreement) to complete the Work required to be performed of it under this Contract. 13. Contractor is able to furnish (directly or by subcontract or through vendors) any plant, tools, materials, supplies, equipment and labor necessary to complete the services required of Contractor under this Contract and Contractor has sufficient experience and competence to perform the Work under the Contract. 14. Contractor is authorized to do business in the State of Florida and is properly licensed(to the extent required by law) by all necessary governmental authorities having jurisdiction over the Work. 8.02 Contractor's Certifications A. 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 8.02: 1. "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; 2. "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; 3. "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 4. "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. EJCDC•C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 8 of 14 16 I ZA 8.03 Standard Genera!Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC"C-700, Standard General Conditions for the Construction Contract (2018), 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),and/or in the Supplementary Conditions. ARTICLE 9—MISCELLANEOUS 9.01 Terms A. Terms used in the Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions unless otherwise stated herein. 9.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound;and,specifically but without limitations money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Public Records A. The Contractor understands and agrees that all documents of any kind provided to the District in connection with this Contract may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Craig Wrathell ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall: 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the EJCDC•C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 9 of 14 1 6 I 1A4 duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District;and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 210 \ORTII I NIVERs1"11" DRIVE. st TIT 702, ("Olt.ki. SPRINGS, FLORIDA 33071; (954) 603-0f133; Il s TIN.FAIRCLOTH*INFRAMARK.COM. 9.05 Assignment of Warranties A. Contractor shall assign to Owner all warranties extended to Contractor by material suppliers and subcontractors. If an assignment of warranty requires the material supplier and/or subcontractor to consent to same, then Contractor shall secure the material supplier's and/or subcontractor's consent to assign said warranties to Owner. 9.06 Construction Defects A. CLAIMS FOR CONSTRUCTION DEFECTS ARE NVOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 9.07 INDIVIDUAL LIABILITY OF DESIGN PROFESSIONALS. UNDER THIS AGREEMENT, AND SUBJECT TO THE REQUIREMENTS OF SECTION 558.0035, FLORIDA STATUTES, WHICH REQUIREMENTS ARE EXPRESSLY INCORPORATED HEREIN, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 9.08 Restriction on Removal of Fill Dirt from Work Site A. Contractor acknowledges that all suitable soil/fill material shall remain on-site. Fill material shall not be removed from the Project site without the written consent of the Owner. 9.09 integrity of Public Contracting and Purchasing Contractor acknowledges that, in addition to all Laws and Regulations that apply to this Agreement, the following provisions of Florida law ("Public Integrity Laws") apply to this Agreement: a. Section 287.05701, Florida Statutes, titled Prohibition against considering social, political, or ideological interests in government contracting; EJCDC•C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 14 I6IIA4 b. Section 287.133,Florida Statutes, titled Public entity crime;denial or revocation of the right to transact business with public entities; c. Section 287.134, Florida Statutes, titled Discrimination; denial or revocation of the right to transact business with public entities; d. Section 287.135, Florida Statutes, titled Prohibition against contracting with scrutinized companies; e. Section 287.137,Florida Statutes,titled Antitrust violations;denial or revocation of the right to transact business with public entities;denial of economic benefits;and f. Section 287.138, Florida Statutes, titled Contracting with entities of foreign countries of concern prohibited. Contractor acknowledges that the Public Integrity Laws prohibit entities that meet certain criteria from bidding on or entering into or renewing a contract with governmental entities,including with the Owner("Prohibited Criteria"). By entering into this Contract, Contractor certifies that neither it nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity,meets any of the Prohibited Criteria,and in the event such status changes,Contractor shall immediately notify Owner. By entering into this Contract, Contractor agrees that any renewal or extension of this Contract shall be deemed a recertification of such status. Contract shall execute a separate sworn statement certifying its Prohibited Criteria status upon request of Owner. 9.10 Counterparts;Electronic Signatures This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument. Additionally, the parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, "electronic signature" shall include faxed versions of an original signature, electronically scanned and transmitted versions (e.g. via PDF) of an original signature, or signatures created in a digital format. 9.11 E-Verify. The Contractor shall comply with and perform all provisions of Section 448.095, Florida Statutes. Accordingly, as a condition precedent to entering into this Agreement, 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. 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 and stating that the subcontractor has registered with and uses the E-Verify system and 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 Owner upon request.Any party may terminate this Agreement or any subcontract hereunder if there is a good faith belief on the part EJCDC'C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright''2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 11 of 14 161IA4 of the terminating party that a contracting party has knowingly violated Section 448.09(1), Florida .Statutes. Upon such termination, Contractor shall be liable for any additional costs incurred by Owner as a result of the termination. In the event that the Owner has a good faith belief that a subcontractor has violated Section 448.095, but the Contractor has otherwise complied with its obligations hereunder, the Owner shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the Owner. 9.12 Direct Purchase of Materials A. Owner represents to Contractor that the Owner is a governmental entity exempt from Florida sales and use tax, and has provided Contractor with a copy of its Consumer Exemption Certificate. Owner may elect to implement a direct purchase arrangement whereby Owner will directly acquire certain materials ("Direct Purchase Materials") necessary for the completion of the Work directly from the suppliers to take advantage of Owner's tax-exempt status. B. Prior to purchasing any materials, the Contractor shall contact Owner to determine which materials will be treated as Direct Purchase Materials. Further, the Contractor shall complete a Purchase Requisition Form in connection with a particular direct purchase,and in a form satisfactory to Owner, and shall help coordinate Owner entering into a Purchase Order with each vendor,again in a form satisfactory to Owner. C. Owner shall issue a Certificate of Entitlement to each supplier of Direct Purchase Materials and to the Contractor. Each Certificate of Entitlement will be in a 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 Owner; (3) payment of the vendor's invoice will be made directly by the Owner to the vendor from public funds; (4)the Owner will take title to the tangible personal property from the vendor at the time of delivery by the vendor; and (5)the Owner assumes the risk of damage or loss at the time of 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 governmental entity will be responsible for any tax, penalties and interest determined to be due. D. Owner shall issue purchase orders directly to suppliers of Direct Purchase Materials. Owner 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 Owner 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. E. Upon delivery of the Direct Purchase Materials to the jobsite, the Owner shall inspect the materials and invoices to determine that they conform to the purchase order. If the materials conform,Owner shall accept and take title to the Direct Purchase Materials. EMCDC•C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 12 of 14 16I1A4 F. Suppliers shall issue invoices directly to Owner. Owner shall process invoices and issue payment directly to the suppliers. G. Upon acceptance of Direct Purchase Materials,Owner 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. H. Owner shall, at its option or as may be required, maintain builder's risk insurance on the Direct Purchase Materials. 9.13 Compliance with Section 20.055,Florida Statutes. Contractor agrees to comply with Section 20.055, F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to such section and to incorporate in all subcontracts the obligation to comply with Section 20.055, F.S. 9.14 General Coordination; Progress Meetings. The Contractor shall schedule and conduct meetings with the Owner to review matters such as procedures, progress, coordination, and scheduling of Work at a time and location mutually agreed to between the parties. Such meetings may be held telephonically or through virtual means. JSignatures on following page EJCDC"C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright''2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 13 of 14 1611A4 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on 5/12/25 (which is the Effective Date of the Contract). Owner:Quarry CDD Contractor: Crosscreek Environmental,Inc. (typed or printed name of organization) (typed or printed name of organization) By: By: (individual's signature) (individual's signature) Date: G S-/r2 7'Q 7 s Date: (dote signed) (date signed) Name: T4��/ /3,e , r% Name: (typed or printed) (typed or printed) Title: Chairperson, Board of Supervisors Title: (typed or printed) (typed or printed) (If(Type of Entity)is a corporation,a partnership,or a joint venture,attach evidence of authority to sign.) Attest: Attest: (individual's signature)�'` �,,/ �/ (individual's signature) Title: 0,401. 4...r. .A. urf /r— `t/ Title: (typed or pr. ed) (typed or printed) Address for giving notices: Address for giving notices: 210 North University Drive,Suite 702 Coral Springs, Florida 33071 Designated Representative: Designated Representative: Name: Albert Lopez Name: (typed or printed) Title: District Engineer Title: (typed or printed) (typed or printed) Address: Address: 2216 Altamont Avenue Ft. Myers, Florida 33901 Phone: 386-518-9175 Phone: —- Email: alopez@cphcorp.com Email: (If(Type of Entity)is a corporation,attach evidence of License No.: authority to sign.If[Type of Entity]is a public body,attach (where applicable) evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) State: EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 14 of 14 1611A4 IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement. This Agreement will be effective on hich is the Effective Date of the Contract). Owner:Quarry COD C tr tor: ossc nvi o e al,I (typed or printed name of organization) (typed or p tea nam of organization) By: By: (individual's signature) (i ividual's signature) Date: Date: 5 at 2s- (date signed) C .'v'(+ 1tA,AJDb ed) Name: Name: � (typed or printed) ( ped or printed) Title: Chairperson, Board of Supervisors Title: ,PreS t A ti 1.t- (typed or printed) (typed or printed) (If(Type of Entity]is a corpo otion,a partnership,or a joint venture,attach ev de ce o th to si n.) Attest: Attest: (individual's signature) (rn ivi I's signature) Title: Title: e•(/, (typed or printed) (typed or printed) Address for giving notices: Address for giving n tices: 210 North University Drive,Suite 702 1« Sr Coral Springs,Florida 33071 pa)o"•`•'1 3ti221 Designated Representative: Designated epresentative• .kn Name: Albert Lopez Name: �( flti' printed) �� (YP or p ) Title: District Engineer Title: (typed or printed) (typed or prince Address: Address: 2216 Altamont Avenue ZV7C-1 611/ tWA-Q— Ft. Myers, Florida 33901 0k1Af CO 4. M''e6i 3 (2 Phone: Phone: ;361. 60. - 745 Email: Email: 3 ,e G,osscret v coat ca t (if[Type of Entity]is a corporation,attach evidence of License No.. �j authority to sign.If(Type of Entity)is a public body,attach (where applicable) evidence of authority to sign and resolution or other State: documents authorizing execution of this Agreement.) EJCDC•C-520,Agreement between Owner and Contractor for Construction Contract(Stipulated Price). Copyright°201E National Society of Professional Engineers,American Coundl of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 14 of 14 16I144 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 6 Article 2—Preliminary Matters 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance 7 2.02 Copies of Documents 8 2.03 Before Starting Construction 8 2.04 Preconstruction Conference; Designation of Authorized Representatives 8 2.05 Acceptance of Schedules 8 2.06 Electronic Transmittals 9 Article 3—Contract Documents: Intent, Requirements, Reuse 9 3.01 Intent 9 3.02 Reference Standards 10 3.03 Reporting and Resolving Discrepancies 10 3.04 Requirements of the Contract Documents 11 3.05 Reuse of Documents 12 Article 4—Commencement and Progress of the Work 12 4.01 Commencement of Contract Times; Notice to Proceed 12 4.02 Starting the Work 12 4.03 Reference Points 12 4.04 Progress Schedule 12 4.05 Delays in Contractor's Progress 13 Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions 15 5.01 Availability of Lands 15 5.02 Use of Site and Other Areas 15 5.03 Subsurface and Physical Conditions 17 5.04 Differing Subsurface or Physical Conditions 18 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 1 of 5 1 6 I lA 5.05 Underground Facilities 20 5.06 Hazardous Environmental Conditions at Site 22 Article 6—Bonds and Insurance 24 6.01 Performance, Payment,and Other Bonds 24 6.02 Insurance—General Provisions 25 6.03 Contractor's Insurance 27 6.04 Builder's Risk and Other Property Insurance 28 6.05 Property Losses;Subrogation 29 6.06 Receipt and Application of Property Insurance Proceeds 30 Article 7—Contractor's Responsibilities 30 7.01 Contractor's Means and Methods of Construction 30 7.02 Supervision and Superintendence 31 7.03 Labor;Working Hours 31 7.04 Services, Materials, and Equipment 31 7.05 "Or Equals" 32 7.06 Substitutes 33 7.07 Concerning Subcontractors and Suppliers 34 7.08 Patent Fees and Royalties 35 7.09 Permits 36 7.10 Taxes 37 7.11 Laws and Regulations 37 7.12 Record Documents 37 7.13 Safety and Protection 38 7.14 Hazard Communication Programs 39 7.15 Emergencies 39 7.16 Submittals 39 7.17 Contractor's General Warranty and Guarantee 42 7.18 Indemnification 43 7.19 Delegation of Professional Design Services 44 Article 8—Other Work at the Site 45 8.01 Other Work 45 8.02 Coordination 46 8.03 Legal Relationships 46 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 2 of 5 � 6I1A4 Article 9—Owner's Responsibilities 47 9.01 Communications to Contractor 47 9.02 Replacement of Engineer 47 9.03 Furnish Data 47 9.04 Pay When Due 47 9.05 Lands and Easements; Reports,Tests, and Drawings 47 9.06 Insurance 48 9.07 Change Orders 48 9.08 Inspections,Tests,and Approvals 48 9.09 Limitations on Owner's Responsibilities 48 9.10 Undisclosed Hazardous Environmental Condition 48 9.11 Evidence of Financial Arrangements 48 9.12 Safety Programs 48 Article 10—Engineer's Status During Construction 48 10.01 Owner's Representative 48 10.02 Visits to Site 49 10.03 Resident Project Representative 49 10.04 Engineer's Authority 49 10.05 Determinations for Unit Price Work 49 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work 50 10.07 Limitations on Engineer's Authority and Responsibilities 50 10.08 Compliance with Safety Program 50 Article 11—Changes to the Contract 50 11.01 Amending and Supplementing the Contract 50 11.02 Change Orders 51 11.03 Work Change Directives 51 11.04 Field Orders 52 11.05 Owner-Authorized Changes in the Work 52 11.06 Unauthorized Changes in the Work 52 11.07 Change of Contract Price 52 11.08 Change of Contract Times 54 11.09 Change Proposals 54 11.10 Notification to Surety 55 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 3 of 5 16I 1A 4 Article 12—Claims 55 12.01 Claims 55 Article 13—Cost of the Work;Allowances; Unit Price Work 56 13.01 Cost of the Work 56 13.02 Allowances 60 13.03 Unit Price Work 60 Article 14—Tests and Inspections; Correction, Removal,or Acceptance of Defective Work 61 14.01 Access to Work 61 14.02 Tests, Inspections,and Approvals 61 14.03 Defective Work 62 14.04 Acceptance of Defective Work 63 14.05 Uncovering Work 63 14.06 Owner May Stop the Work 64 14.07 Owner May Correct Defective Work 64 Article 15—Payments to Contractor;Set-Offs;Completion;Correction Period 64 15.01 Progress Payments 64 15.02 Contractor's Warranty of Title 68 15.03 Substantial Completion 68 15.04 Partial Use or Occupancy 69 15.05 Final Inspection 69 15.06 Final Payment 70 15.07 Waiver of Claims 71 15.08 Correction Period 71 Article 16—Suspension of Work and Termination 73 16.01 Owner May Suspend Work 73 16.02 Owner May Terminate for Cause 73 16.03 Owner May Terminate for Convenience 74 16.04 Contractor May Stop Work or Terminate 75 Article 17—Final Resolution of Disputes 75 17.01 Methods and Procedures 75 Article 18—Miscellaneous 76 18.01 Giving Notice 76 18.02 Computation of Times 76 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 4 of 5 1 6 I 1 A 4 18.03 Cumulative Remedies 76 18.04 Limitation of Damages 77 18.05 No Waiver 77 18.06 Survival of Obligations 77 18.07 Controlling Law 77 18.08 Assignment of Contract 77 18.09 Successors and Assigns 77 18.10 Headings 77 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. TOC Page 5 of 5 . 61 1A4 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT [SHORELINE RESTORATION PHASE III] ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. 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. 1. 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. 2. 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. 3. Application for Payment—The document prepared by Contractor,in a form acceptable to Engineer,to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.Also may be referred to as"proposal" or"Proposal." 5. Bidder—An individual or entity that submits a Bid to Owner. 6. Bidding Documents—The Bidding Requirements,the proposed Contract Documents, and all Addenda. 7. Bidding Requirements—The Advertisement or invitation to bid, the project manual and any documents included or referenced therein, including but not limited to Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. 8. 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. 9. 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;contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 78 1611A4 challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract. 10. Claim 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; 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. 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. c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein,made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment. d. A demand for money or services by a third party is not a Claim. 11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, chemical, element, compound, solution, mixture,or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating,relating to,or imposing liability or standards of conduct concerning,any hazardous,toxic,or dangerous waste,substance, chemical, element, compound,solution, mixture, or material. 12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work. 13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract. 14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 15. 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. 16. Contractor—The individual or entity with which Owner has contracted for performance of the Work. 17. Cost of the Work—See Paragraph 13.01 for definition. 18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor. 19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 78 1611A4 20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals,that are in an electronic or digital format. 21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient;and (e)the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 22. Engineer—The individual or entity named as such in the Agreement. 23. 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. 24. 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. a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition. b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition. c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition. 25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, 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. 26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property,or personal property. 27. 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. 28. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of the Bid. 29. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 78 16t4A4 30. 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.The Owner may also be referred to as the "District." 31. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor's plan to accomplish the Work within the Contract Times. 32. 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. 33. Resident Project Representative —The authorized representative of Engineer assigned to assist Engineer at the Site.As used herein,the term Resident Project Representative(RPR) includes any assistants or field staff of Resident Project Representative. 34. 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. 35. Schedule of Submittals—A schedule, prepared and maintained by Contractor,of required submittals and the time requirements for Engineer's review of the submittals. 36. 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. 37. 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. 38. 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 or areas furnished by Owner which are designated for the use of Contractor. 39. 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. 40. 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. 41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures;testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers' instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 78 161IA. 4 approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders,Claims,notices,Applications for Payment,and requests for interpretation or clarification are not Submittals. 42. 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 of such Work.Notwithstanding anything to the contrary herein,"final completion"shall be considered to be on the date which all applicable governmental agencies having jurisdiction over the Work have issued unconditional certificates of completion and have signed off on all final inspections with respect to each portion of the work and the Owner is able to utilize each portion of the Work set forth in the Contract Documents for the intended purpose. Also notwithstanding anything to the contrary contained herein, Contractor shall be responsible for obtaining the final inspections and applicable written approvals from all governmental agencies with jurisdiction with respect to each portion of the Work, and in connection therewith, Owner and Engineer shall comply with all of its obligations required by the issuing authority in order to enable the Contractor to obtain such Certificate. 43. Successful Bidder—The Bidder to which the Owner makes an award of contract. 44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, 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. 46. Technical Data a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either(1)existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site. b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical,environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor. c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 of 78 1611A4 47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site,including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility. 48. Unit Price Work—Work to be paid for on the basis of unit prices. 49. 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. 50. 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. 51.Construction Manager—any individual,entity or firm retained or designated by the Owner to assist the Engineer with the administration of managing, overseeing and processing construction related activities (if any). 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. 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. C. Day:The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: 1. does not conform to the Contract Documents; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 of 78 161IA4 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. 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 Paragraph 15.04). E. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, means 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. 2. The word "install," when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or"provide," when used in connection with services, materials, or equipment, means to furnish and install said services, materials, or equipment complete and ready for intended use. 4. 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. F. Contract Price or Contract Times:References to a change in"Contract Price or Contract Times" or "Contract Times or Contract Price" or similar, indicate that such change applies to (1) Contract Price, (2)Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term "or both" is not expressed. G. 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 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds). Contractor must provide a certified copy of the recorded bonds before commencing the Work or before recommencing the Work after a default or abandonment. B. Evidence of Contractor's Insurance:When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract),the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Supplementary Conditions expressly establish other dates for delivery of specific insurance policies. C. ' EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 of 78 1 6 I IA 4 , 2.02 Copies of Documents A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully signed 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. B. 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 of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer. 2.03 Before Starting Construction A. Preliminary Schedules: Within 40- 3 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review: 1. 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; 2. a preliminary Schedule of Submittals; and 3. 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. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. 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. B. 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. 2.05 Acceptance of Schedules A. 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 the schedules EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 8 of 78 16I1A4 submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer. 1. 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. 2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to the component parts of the Work. 4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule. Such schedules shall be consistent with the documents provided to the Owner as part of the Contractor's Bid. 2.06 Electronic Transmittals A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, Construction Manager, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, Construction Manager, and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means,the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents 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 Electronic Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary;what is required by one Contract Document is as binding as if required by all. B. 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. C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern. D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 9 of 78 16I lA 4 E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein. F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor,which agree that the Contract Documents will 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. G. Nothing in the Contract Documents creates: 1. any contractual relationship between Owner or Engineer or Construction Manager and any Subcontractor,Supplier, or other individual or entity performing or furnishing any of the Work,for the benefit of such Subcontractor,Supplier,or other individual or entity;or 2. any obligation on the part of Owner or Engineer or Construction Manager 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. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. 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, means 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. 2. No provision of any such standard specification,manual,reference standard,or code,and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer 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 or Engineer 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. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. 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 issued pursuant to Paragraph 11.01. 2. 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 10 of 78 1611A4 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 issued pursuant to Paragraph 11.01. 3. knowledge thcrcof. B. Resolving Discrepancies 1. 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 take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. 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 b. 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). 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation— RFIs), 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. B. 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. C. 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 notify Owner and Contractor in writing 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 11 of 78 3.05 Reuse of Documents 1611A 4 A. Contractor and its Subcontractors and Suppliers shall not: 1. 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 versions, 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 2. 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. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the 30th 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. No Work shall be performed before the issuance of a Notice to Proceed. In no event 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. 4.03 Reference Points A. 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. 4.04 Progress Schedule A. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 12 of 78 6I1A4 1. 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. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will 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. 4.05 Delays in Contractor's Progress A. 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 Contract Price or Contract Times. B. 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. C. 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.Such an adjustment will 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 but are not limited to only the following: 1. Severe and unavoidable acts of God or natural catastrophes such as fires, floods, epidemics,and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities(other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Owner, as contemplated in Article 8);and 4. Acts of war or terrorism. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Times under this paragraph within 15 days of the damaging, delaying, disrupting, or interfering event, or such claim shall be waived. Contractor shall be required to prove that any abnormal weather conditions are in excess of normal rainfall amounts or other normal weather conditions, and must provide such documentation of unusually severe weather as the Engineer deems reasonably necessary. Normal seasonal adverse weather typical for the area, including heavy rain shall not be deemed as causing any delays for the Project. 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, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 13 of 78 1 6 I lA and other professionals and all court or arbitration or other dispute resolution costs, arising out of or resulting from: 1. delays caused by or within the control of Contractor(or Subcontractor or Supplier);or 2.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. Except for an adjustment to the Contract Times, 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 that are avoidable by Contractor. D. Contractor's entitlement to an adjustment of Contract Times or Contract Price is limited and conditioned as follows: 1. Contractor's entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work,as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price 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. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Times to which Contractor is otherwise entitled. 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. 4. The District,in its sole and absolute discretion, may additionally direct that the Project be delivered in multiple phases rather than all at once. Such option, if exercised,shall in no way impact the pricing of the Project, nor constitute a delay. E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption,or interference began to affect the progress of the Work; 3. The date upon which each cause of delay,disruption,or interference ceased to affect the progress of the Work; 4. The number of days' increase in Contract Times claimed as a consequence of each such cause of delay, disruption,or interference;and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 14 of 78 t 6 I 1 A �4 Contractor shall also furnish such additional supporting documentation as Owner or Engineer may require including, where appropriate, a revised progress schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. Such supporting documentation shall include, where appropriate, documentation of abnormal weather conditions and an explanation of their impact on Contract Price and/or Contract Times. 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,together with the provisions of Paragraphs 4.05.D and 4.05.E. G. Paragraph 8.03 addresses 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. ARTICLE 5—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor in writing 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. B. Upon reasonable written request,Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements arc to be made and Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. 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, within such limits as may be directed by the Owner, 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; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; a4 (d) for injuries and losses sustained by the owners or occupants of any such land or areas; and (e) loss or damage to Contractor's equipment that may be stored on-site (such storage is at Contractor's sole risk); 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 15 of 78 V �! 2. 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 7.13, 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 in a court of competent jurisdiction;and (c)to the fullest extent permitted by Laws and Regulations, indemnify, defend and hold harmless Indemnitees (defined in Paragraph 7.18)Own� epees agent 11 " t--- 'each and any of them, from and against any such claim, and against all liabilities, suits, liens, demands, costs, losses, interest, expenses, penalties, fines, judgments, 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 fees and costs)whether monetary or otherwise, arising, in whole or in part, out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against an Indemnitee Owner, Enginee. other party indm enified hereunder to the extent caused directly or b 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. 3. The Contractor shall not load or permit any part of any structure to be loaded to such an extent as to endanger its safety. 4. The Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees. He shall commit no public nuisance. The Contractor will be responsible for providing on-site restroom facilities and garbage accommodations. 5. The Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the Engineer. Materials and equipment stored on the Work site shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 6. Streets shall not be closed,except when and where approved by the Engineer,the Florida Department of Transportation, and/or Manatee County. 7. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided,shall be maintained by the Contractor in all cases, and the Engineer's office and the Fire Department and Police Department having jurisdiction shall immediately be notified by telephone, or otherwise, upon the closing and/or opening of each street or section thereof. 8. The Contractor shall provide,erect,and maintain, at his own expense, barricades,danger warnings, and detour signs whenever they may be necessary, including those required within State and County road rights-of-way. He shall place sufficient lights on/or near the work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protections about the work; provide all watchmen by day or night and take all other precautions that may be necessary; he shall maintain proper EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 16 of 78 1611A �4 guards and lights for the prevention of accidents, upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the work and public convenience and safety. 9. Fire hydrants on or adjacent to the work shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10)feet of any such hydrant. Adjacent premises must be given access as far as possible, and obstruction of sewer inlets,gutters, and ditches will not be permitted. B. 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 will conform to applicable Laws and Regulations. The Owner will not incur any additional costs if the Contractor is unable to dispose of debris on site or other such disposal method that may or may not be available at time of construction. C. 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, rubbish, debris, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. 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. 5.03 Subsurface and Physical Conditions A. Reports and Drawings:The Supplementary Conditions identify: 1. Those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data from which the Engineer prepared the Contract Drawings and Specifications; 2. Those drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data from which the Engineer prepared the Contract Drawings and Specifications; and 3. Technical Data contained in such reports and drawings, if any. B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified,or defined as Technical Data. C. No Reliance by Contractor on Technical Data: Contractor may not rely upon the accuracy of the Technical Data expressly identified in the Supplementary Conditions with respect to such reports and drawings,but such reports and drawings are not Contract Documents. If no such accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Instead, while the Technical Data is believed to be reliable,the Technical Data was prepared for Owner's benefit by third parties and accordingly,Owner cannot guarantee the quantity, quality, completeness or accuracy of that information. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 17 of 78 I6IlA4 D. Limitations of Other Data and Documents: Except for such reliance on Technical 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: 1. 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; 2. other data, interpretations,opinions,and information contained in such reports or shown or indicated in such drawings; 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or Owner's archival documents concerning the Site;or 4. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations,opinions,or information. 5. 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 District Engineer and with respect to"templating." 6. 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. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site: 1. is of such a nature as to establish that any Technical Data on which Contractor is entitled to rely as provided in Parab""N h S.03 is materially inaccurate; 2. is of such a nature as to require a change in the Drawings or Specifications; 3. differs materially from that shown or indicated in the Contract Documents;or 4. 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; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 18 of 78 16I1A4 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. B. 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 whether it is necessary for Owner to obtain 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; 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. C. 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. D. Early Resumption of Work: If at any time Engineer determines that Work in connection with the subsurface or physical condition in question may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the condition in question has been adequately documented, and analyzed on a preliminary basis, then the Engineer may at its discretion instruct Contractor to resume such Work. E. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times,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 of the Work;subject, however,to the following: a. Such condition must fall within any one or more of the categories described in Paragraph 5.04.A; b. 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, c. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. 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; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 19 of 78 161 14 4 b. 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 c. Contractor failed to give the written notice required by Paragraph 5.04.A. 3. 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, then any such adjustment will be set forth in a Change Order. 4. 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, 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. F. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions.The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities,or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Contractor's Responsibilities: Owner and Engineer do not warrant or guarantee the accuracy or completeness of any information or data regarding underground facilities provided by others. Unless it is otherwise expressly provided in the Supplementary Conditions,the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for,without additional compensation from the Owner: 1. reviewing and checking all information and data regarding existing Underground Facilities at the Site; 2. complying with applicable state and local utility damage prevention Laws and Regulations, including but not limited to notification of and cooperation with utility companies and agencies when the Contractor's operations are close to existing facilities in order to provide time for the utilities to stake the location of their existing facilities. This coordination effort shall be done in compliance with Florida Statutes Chapter 556, "Underground Facility Damage Prevention and Safety Act," latest revision.; 3. locating or verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; 4. coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and 5. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings, or was not shown or indicated on the Drawings with reasonable accuracy, then Contractor shall, promptly after EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 20 of 78 16I1A4 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), notify Owner and Engineer in writing regarding such Underground Facility. C. Engineer's Review:Engineer will: 1. promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated on the Drawings,or was not shown or indicated with reasonable accuracy; 2. identify and communicate with the owner of the Underground Facility; prepare recommendations to Owner (and if necessary issue any preliminary instructions to Contractor) regarding the Contractor's resumption of Work in connection with the Underground Facility in question; 3. obtain any pertinent cost or schedule information from Contractor;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 4. 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. D. 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. E. Early Resumption of Work: If at any time Engineer determines that Work in connection with the Underground Facility may resume prior to completion of Engineer's review or Owner's issuance of its statement to Contractor, because the Underground Facility in question and conditions affected by its presence have been adequately documented, and analyzed on a preliminary basis,then the Engineer may at its discretion instruct Contractor to resume such Work. F. Possible Price and Times Adjustments 1. Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times,to the extent that any existing Underground Facility at the Site that was not shown or indicated on the Drawings, 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: 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; b. Contractor's entitlement to an adjustment of the Contract Times is subject to the provisions of Paragraphs 4.05.D and 4.05.E;and c. Contractor gave the notice required in Paragraph 5.05.B. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 21 of 78 161144 2. 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, then any such adjustment will be set forth in a Change Order. 3. 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, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question. 4. The information and data shown or indicated on the Drawings with respect to existing Underground Facilities at the Site is based on information and data (a) furnished by the owners of such Underground Facilities, or by others, (b)obtained from available records, or (c) gathered in an investigation conducted in accordance with the current edition of ASCE 38,Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data, by the American Society of Civil Engineers. If such information or data is incorrect or incomplete, Contractor's remedies are limited to those set forth in this Paragraph 5.05.F. 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings:The Supplementary Conditions identify: 1. those reports known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site, if any; 2. drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site, if any;and 3. Technical Data contained in such reports and drawings. B. 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. but such reports and drawings are not Contract Documents. If no such express identification has been made,then Contractor may rely on the accuracy of the Technical Data as defined in Paragraph 1.01.A.46.b. Instead, while the Technical Data is believed to be reliable, the Technical Data was prepared for the Owner's benefit by third parties and accordingly, the Owner cannot guarantee the quantity, quality, completeness or accuracy of that information. Except for such reliance on Technical 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: 1. 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; 2. other data, interpretations,opinions,and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any Technical Data or any such other data, interpretations,opinions or information. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 22 of 78 6I1A �4 C. 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. D. 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. Neither Contractor nor any of its successors, assigns, agents, employees, contractors, subcontractors, materialmen, officers, invitees, and representatives shall store, place, generate, manufacture, refine, handle, or locate on the Site a Constituent of Concern. E. 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. F. 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. G. 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,as a result of such Work stoppage,such special conditions under which Work is agreed to be resumed by Contractor, or any costs or expenses incurred in response to the Hazardous Environmental Condition, 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. Entitlement to any such adjustment is subject to the provisions of Paragraphs 4.05.D,4.05.E, 11.07,and 11.08. H. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright 2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 23 of 78 i 6 I 1A I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontract s d Engineer, and the officers, directors, members, • Environmental indicated in the Drawings, Specifications, or other Contract Documents, identified as . . , Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.1 J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, defend and hold harmless Indemnitees Owner:nd EngiR d th ffi d' b ,from and against all claims, liabilities, suits, liens, demands, costs, losses, interest, expenses, penalties,fines, judgments, 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 fees and costs)arising out of or relating to the wholly or partially 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, including without limitation, Contractor's successors, assigns, agents, employees, contractors, subcontractors, materialmen, officers, invitees, and representatives, or to a Hazardous Environmental Condition created in whole or in part by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J obligates Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. K. The provisions 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 6.01 Performance, Payment, and Other Bonds A. 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 Contractor's obligations under the Contract.These bonds must remain in effect until one year (for the payment bond) and two years (for the performance 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 terms of a prescribed bond form, the Supplementary Conditions, or other provisions of the Contract. B. Contractor shall also furnish such other bonds (if any) as are required by the Supplementary Conditions or other provisions of the Contract. C. All bonds must be in the form included in the Bidding Contract Documents or otherwise specified by Owner prior to execution of the Contract, except as provided otherwise by Laws EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 24 of 78 I6IlA4 or Regulations, and must be issued and signed by a surety named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, 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 must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.In 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, including without limitation subsection (6)and the notice and time limitation provisions in subsections (2) and (10), or Sections 713.23 and 713.245, Florida Statutes, whichever are applicable, are incorporated by reference herein." D. Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue bonds in the required amounts. E. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent,or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer in writing and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. F. 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. G. Upon request to Owner from any Subcontractor,Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Owner shall provide a copy of the payment bond to such person or entity. H. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work,Contractor shall provide a copy of the payment bond to such person or entity. 6.02 Insurance—General Provisions A. Owner and Contractor shall obtain and maintain insurance as required in this article and in the Supplementary Conditions. B. 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. Alternative forms of insurance coverage, including but not limited to self-insurance and "Occupational Accident and Excess Employer's Indemnity Policies,"are not sufficient to meet the insurance requirements of this Contract, unless expressly allowed in the Supplementary Conditions. D. Prior to commencing the Work and entering any lands upon which the Work shall be performed, Contractor shall deliver to Owner, with copies to each additional insured EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 25 of 78 161144 identified in the Contract, certificates of insurance and endorsements establishing that Contractor has obtained and is maintaining the policies and coverages 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, documentation of applicable self-insured retentions (if allowed) and deductibles, full disclosure of all relevant exclusions,and evidence of insurance required to be purchased and maintained by Subcontractors or Suppliers. In any documentation furnished under this provision, Contractor, Subcontractors, and Suppliers may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those applicable to this Contract. E. Owner shall deliver to Contractor, with copies to each additional insured identified in the Contract, certificates of insurance and endorsements establishing that Owner has obtained and is maintaining the policies and coverages 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, documentation of applicable self-insured retentions (if allowed) and deductibles, and full disclosure of all relevant exclusions. In any documentation furnished under this provision, and subject to Florida's Public Records Law, Owner may block out (redact) (1) any confidential premium or pricing information and (2) any wording specific to a project or jurisdiction other than those relevant to this Contract. F. 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, will not be construed as a waiver of the other party's obligation to obtain and maintain such insurance. G. In addition to the liability insurance required to be provided by Contractor, the Owner, at Owner's option,may purchase and maintain Owner's own liability insurance.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. H. Contractor shall require: 1. Subcontractors to purchase and maintain worker's compensation, commercial general liability, and other insurance that is appropriate for their participation in the Project,and to name as additional insureds Owner and Engineer(and any other individuals or entities identified in the Supplementary Conditions as additional insureds on Contractor's liability policies)on each Subcontractor's commercial general liability insurance policy;and 2. Suppliers to purchase and maintain insurance that is appropriate for their participation in the Project. I. If either party does not purchase or maintain 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. J. If Contractor has failed to obtain and maintain required insurance, Contractor's entitlement to enter or remain at the Site will end immediately, and Owner may impose an appropriate set-off against payment for any associated costs (including but not limited to the cost of EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 26 of 78 611A4 purchasing necessary insurance coverage), and exercise Owner's termination rights under Article 16. K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect (but is in no way obligated) 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 will be adjusted accordingly. L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests. Contractor is responsible for determining whether such coverage and limits are adequate to protect its interests, and for obtaining and maintaining any additional insurance that Contractor deems necessary. M. The insurance and insurance limits required herein will not be deemed as a limitation on Contractor's liability,or that of its Subcontractors or Suppliers, under the indemnities granted to Owner and other individuals and entities in the Contract or otherwise. N. All the policies of insurance required to be purchased and maintained under this Contract will contain a provision or endorsement that the coverage afforded will not be canceled, or renewal refused,until at least 4830 days prior written notice has been given to the purchasing policyholder. Within three days of receipt of any such written notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. O. 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. 6.03 Contractor's Insurance A. Required Insurance: Contractor shall purchase and maintain Worker's Compensation, Commercial General Liability, and other insurance pursuant to the specific requirements of the Supplementary Conditions. B. General Provisions:The policies of insurance required by this Paragraph 6.03 as supplemented must: 1. include at least the specific coverages required; 2. be written for not less than the limits provided,or those required by Laws or Regulations, whichever is greater; 3. remain in effect at least until the Work is complete (as set forth in Paragraph 15.06.D), and longer if expressly required elsewhere in this Contract, 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; 4. apply with respect to the performance of the Work, whether such performance is 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;and EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 27 of 78 16I1A4 5. include all necessary endorsements to support the stated requirements. C. Additional Insureds: The Contractor's commercial general liability, automobile liability, employer's liability, umbrella or excess, pollution liability, and unmanned aerial vehicle liability policies, if required by this Contract, must: 1. include and list as additional insureds Owner and Engineer,and any individuals or entities identified as additional insureds in the Supplementary Conditions; 2. include coverage for the respective supervisors, professional staff, officers, directors, members, partners, employees, agents, subcontractors, and consultants of all such additional insureds; 3. afford primary coverage to these additional insureds for all claims covered thereby (including as applicable those arising from both ongoing and completed operations); 4. not seek contribution from insurance maintained by the additional insured; and 5. as to commercial general liability insurance, apply to additional insureds with respect to liability caused in whole or in part by Contractor's acts or omissions, or the acts and omissions of those working on Contractor's behalf, in the performance of Contractor's operations. 6.04 Builder's Risk and Other Property Insurance A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain builder's risk insurance upon the Work on a completed value basis, in the amount of the Work's full insurable replacement cost(subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). The specific requirements applicable to the builder's risk insurance are set forth in the Supplementary Conditions. B. Property Insurance for Facilities of Owner Where Work Will Occur: Owner is responsible for obtaining and maintaining property insurance covering each existing structure, building, or facility in which any part of the Work will occur, or to which any part of the Work will attach or be adjoined. Such property insurance will be written on a special perils(all-risk)form, on a replacement cost basis, providing coverage consistent with that required for the builder's risk insurance, and will be maintained until the Work is complete, as set forth in Paragraph 15.06.D. basis,and provide coverage consistent with that required for the builder's risk insurance.The such property insurance. D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, as provided in Paragraph 15.04, then Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will provide advance notice of such occupancy or use to the builder's risk insurer, and obtain an EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 28 of 78 t6 1A 4 endorsement consenting to the continuation of coverage prior to commencing such partial occupancy or use. E. Insurance of Other Property;Additional Insurance: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest,then the entity or individual owning such property item will be responsible for insuring it. If Contractor elects to obtain other special insurance to be included in or supplement the builder's risk or property insurance policies provided under this Paragraph 6.04, it may do so at Contractor's expense. 6.05 Property Losses;Subrogation A. The builder's risk insurance policy purchased and maintained in accordance with Paragraph 6.04 (or an installation floater policy if authorized by the Supplementary Conditions), will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder,or against Engineer or its consultants,or their officers,directors,members,partners,employees,agents, consultants,or subcontractors. 1. Owner and Contractor waive waives all rights against ach other and the respective Owner and its officers,directors,members,partners,employees,agents,consultants,and subcontractors of each and any of them,for all losses and damages caused by,arising out of,or resulting from any of the perils, risks,or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive waives all such rights against Engineer and/or Construction Manager, its consultants, all individuals or entities identified in the Supplementary Conditions as builder's risk or installation floater insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, under such policies for losses and damages so caused. 2. None of the above waivers extends to the rights that any party making such waiver may have to the proceeds of insurance held by Owner or Contractor as trustee or fiduciary,or otherwise payable under any policy so issued. B. Any property insurance policy maintained by Owner covering any loss, damage, or consequential loss to Owner's existing structures, buildings, or facilities in which any part of the Work will occur, or to which any part of the Work will attach or adjoin; to adjacent structures, buildings, or facilities of Owner; or to part or all of the completed or substantially completed Work, during partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06,will contain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any insureds thereunder, or against Contractor,Subcontractors,or Engineer,or the_ffi__r ,di __+_ mber` a employees, agents, consultants, or subcontractors of each and any of them, and that the insured is allowed to waive the insurer's rights of subrogation in a written contract executed prior to the loss,damage,or consequential loss. 1. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them,for all losses and damages caused by,arising out of, or resulting from fire or any of the i' f loss red by such policies. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 29 of 78 1 6 I 1A 4 C. The waivers in this Paragraph 6.05 include the waiver of rights due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner's property or the Work caused by,arising out of,or resulting from fire or other insured peril, risk, or cause of loss. D. Contractor shall be responsible for assuring that each Subcontract contains provisions whereby the Subcontractor waives all rights against Owner, Contractor, all individuals or entities identified in the Supplementary Conditions as insureds, the Engineer and its consultants, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them,for all losses and damages caused by,arising out of, relating to, or resulting from fire or other peril, risk, or cause of loss covered by builder's risk insurance, installation floater,and any other property insurance applicable to the Work. 6.06 Receipt and Application of Property Insurance Proceeds A. Any insured loss under the builder's risk and other policies of property insurance required by Paragraph 6.04 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress.Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim. B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause. A named insured receiving insurance proceeds under the builder's risk and other policies of insurance required by Paragraph 6.04 shall maintain such proceeds in a segregated account, and distribute such proceeds in accordance with such agreement as the parties in interest may reach, or as otherwise required under the dispute resolution provisions of this Contract or applicable Laws and Regulations. C. If no other special agreement is reached, Contractor shall repair or replace the damaged Work, using allocated insurance proceeds. ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES 7.01 Contractor's Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor's responsibilities for construction means, methods,techniques, sequences, and procedures, or for Site safety,then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor's expense. Such services are not Owner-delegated professional design services under this Contract, and neither Owner nor Engineer has any responsibility with respect to (1)Contractor's determination of the need for such services,(2)the qualifications or licensing of the design professionals retained or employed by Contractor, (3)the performance of such services,or(4)any errors,omissions,or defects in such services. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 30 of 78 611A4 7.02 Supervision and Superintendence A. 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who will not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. 7.03 Labor;Working Hours A. 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 maintain good discipline and order at the Site. B. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of Contractor's employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor's own acts and omissions. C. 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 voi may be performed during regular working hours,Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal including any holidays as Contractor may choose to do so. 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. 7.04 Services, Materials, and Equipment A. 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. B. All materials and equipment incorporated into the Work must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications will 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 31 of 78 161144 C. All materials and equipment must 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. 7.05 "Or Equals" A. Contractor's Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, 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 equal" item is permitted, Contractor may request that Engineer authorize the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If Engineer in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer will deem it an "or equal" item. For the purposes of this paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that the proposed item: 1) is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) 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; 3) has a proven record of performance and availability of responsive service;and 4) is not objectionable to Owner. b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times;and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or equal" item at Contractor's expense. C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to evaluate each"or-equal" request. Engineer may require Contractor to furnish additional data about the proposed "or-equal" item. Engineer will be the sole judge of acceptability. No "or- equal"item will be ordered,furnished,installed,or utilized until Engineer's review is complete and Engineer determines that the proposed item is an "or-equal,"which will be evidenced by an approved Shop Drawing or other written communication. Engineer will advise Contractor in writing of any negative determination. D. Effect of Engineer's Determination: Neither approval nor denial of an "or-equal" request will result in any change in Contract Price. The Engineer's denial of an "or-equal" request will be EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 32 of 78 161lA4 final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If Engineer determines that an item of equipment or material proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer consider the item a proposed substitute pursuant to Paragraph 7.06. 7.06 Substitutes A. Contractor's Request;Governing Criteria: Unless the specification or description of an item of equipment or material 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 equipment or material under the circumstances described below.To the extent possible such requests must be made before commencement of related construction at the Site. 1. 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 equipment or material from anyone other than Contractor. 2. The requirements for review by Engineer will be as set forth in Paragraph 7.06.B, as supplemented by the Specifications,and as Engineer may decide is appropriate under the circumstances. 3. Contractor shall make written application to Engineer for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use.The application: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be similar in substance to the item specified;and 3) be suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will necessitate a change in Contract Times; 2) 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 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering,sales, maintenance, repair, and replacement services. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 33 of 78 16I11I d. will 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. B. 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. C. Special Guarantee:Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. D. 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. E. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense. F. 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 will be final and binding,and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.06.D, by timely submittal of a Change Proposal. 7.07 Concerning Subcontractors and Suppliers A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.The Contractor's retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor's obligation to Owner to perform and complete the Work in accordance with the Contract Documents. B. Contractor shall retain specific Subcontractors and Suppliers for the performance of designated parts of the Work if required by the Contract to do so. C. 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 or Supplier to furnish or perform any of the Work against which Contractor has reasonable objection. D. 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 EJCDC°C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 34 of 78 16IlA4 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 5 days. E. Owner may require the replacement of any Subcontractor or Supplier. 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 or Suppliers 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 or Supplier so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor or Supplier. F. If Owner requires the replacement of any Subcontractor or Supplier retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement. G. No acceptance by Owner of any such Subcontractor or Supplier, whether initially or as a replacement,will constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents. H. 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. I. Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors and Suppliers. J. The divisions and sections of the Specifications and the identifications of any Drawings do not control Contractor in dividing the Work among Subcontractors or Suppliers,or in delineating the Work to be performed by any specific trade. K. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of Owner and Engineer. L. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor for Work performed for Contractor by the Subcontractor or Supplier. M. Contractor shall restrict all Subcontractors and Suppliers from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.08 Patent Fees and Royalties A. 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 an 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 35 of 78 16I1A4 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 will be disclosed in the Contract Documents. B. consultants, and subcontractors, from and against all claims, costs, losses, and damages relating to any infringement of patent rights or copyrights incident to the use in the copyrights. C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, defend and hold harmless Indemnitees Ow r and €ngineer, and the officers ect b , , from and against all claims, liabilities, suits, liens, demands, costs, losses, interest, expenses, penalties,fines, judgments, 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 fees or costs)whether monetary or otherwise, arising, in whole or in part, 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, to the extent such infringement is caused in whole or in part by the negligent, reckless, or intentionally wrongful actions of the Contractor or those for which Contractor is responsible including without limitation, Contractor's successors, assigns, agents, employees, contractors, subcontractors, materialmen, officers, invitees,and representatives. 7.09 Permits A. Unless otherwise provided in the Contract Documents,Contractor shall obtain and pay for all construction permits, licenses, and certificates of occupancy. 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 contract). Owner Contractor shall pay all charges and fees of utility owners for connections for providing permanent service to the Work, including without limitation water and electrical meters(if applicable),installation fees,electrical inspection fees,and temporary services and utilities. Contractor shall additionally provide all signage required by applicable permits and governmental authorities. B. Owner and Contractor acknowledge and agree that Owner intends to turn over all or a portion of the Work upon completion to Manatee County, Florida, for ownership and maintenance. To the extent that Owner intends to turn over any portion of the Work to another governmental entity for ownership or other purposes, Contractor agrees at its sole expense to take all actions necessary (including but not limited to providing all warranties, releases, and close-out documents required by the governmental entity even if such requirements are EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 36 of 78 16I1A4 beyond what is required herein)to ensure that the recipient governmental entity accepts the Work. C. The Contractor shall indemnify the Owner from liability of any nature or kind for, or on account of, any patented or unpatented design, devise, material or process used in the performance of the Work, including its use by the Owner. 7.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes and assessments 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. 7.11 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor or those for whom Contractor is responsible 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 Indemnitees , > employees, agents, consultants, and subcontractors of ach and any of them, from and against all claims, liabilities,suits, liens,demands, costs, losses, interest,expenses, penalties, fines, judgments,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 fees or costs)whether monetary or otherwise arising, in whole or in part,out of or relating to such Work or other action.It is not Contractor's responsibility to make certain that the Work described in the Contract Documents is in accordance with Laws and Regulations, but this does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give written 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 written notice Contractor may submit a Change Proposal,or Owner may initiate a Claim. 7.12 Record Documents A. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 37 of 78 16flA4 7.13 Safety and Protection A. 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. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein,whether in storage on or off the Site; and 3. 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. D. All damage, injury, or loss to any property referred to in Paragraph 7.13.C.2 or 7.13.C.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). E. 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. Among other requirements,the Contractor or Subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards. F. Contractor shall notify Owner;the owners of adjacent property;the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor);and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that 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. G. Contractor shall comply with the applicable requirements of Owner's safety programs, if any. Any Owner's safety programs that are applicable to the Work are identified or included in the Supplementary Conditions or Specifications. H. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 38 of 78 16I1A4 I. Contractor's duties and responsibilities for safety and protection will continue until all the Work is completed, Engineer has issued a written notice to Owner and Contractor in accordance with Paragraph 15.06.0 that the Work is acceptable, and Contractor has left the Site (except as otherwise expressly provided in connection with Substantial Completion). J. Contractor's duties and responsibilities for safety and protection will 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. 7.14 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets(formerly known as 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. 7.15 Emergencies A. 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 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 by an emergency,or are required as a result of Contractor's response to an emergency. If Engineer determines that a change in the Contract Documents is required because of an emergency or Contractor's response,a Work Change Directive or Change Order will be issued. 7.16 Submittals A. Shop Drawing and Sample Requirements 1. Before submitting a Shop Drawing or Sample, Contractor shall: a. review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; b. determine and verify: 1) all field measurements,quantities,dimensions,specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal; 2) 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 3) all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; c. confirm that the Submittal is complete with respect to all related data included in the Submittal. 2. Each Shop Drawing or Sample must bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents with respect to Contractor's review of that Submittal, and that Contractor approves the Submittal. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 39 of 78 16 ! 1A4 3. With each Shop Drawing or Sample,Contractor shall give Engineer specific written notice of any variations that the Submittal may have from the requirements of the Contract Documents.This notice must be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Shop Drawing by a specific notation made on the Shop Drawing itself. B. Submittal Procedures for Shop Drawings and Samples:Contractor shall label and submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted Schedule of Submittals. 1. Shop Drawings a. Contractor shall submit the number of copies required in the Specifications. b. Data shown on the Shop Drawings must 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.C. 2. Samples a. Contractor shall submit the number of Samples required in the Specifications. b. 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.C. 3. 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. C. Engineer's Review of Shop Drawings and Samples 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the accepted Schedule of Submittals. 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, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. 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. 3. Engineer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 4. Engineer's review and approval of a Shop Drawing or Sample will 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,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 40 of 78 gibIIA, 4 document any such approved variation from the requirements of the Contract Documents in a Field Order or other appropriate Contract modification. 5. Engineer's review and approval of a Shop Drawing or Sample will not relieve Contractor from responsibility for complying with the requirements of Paragraphs 7.16.A and B. 6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents,will not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order. 7. Neither Engineer's receipt, review,acceptance,or approval of a Shop Drawing or Sample will result in such item becoming a Contract Document. 8. 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.C.4. D. Resubmittal Procedures for Shop Drawings and Samples 1. 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. 2. Contractor shall furnish required Shop Drawing and Sample submittals with sufficient information and accuracy to obtain required approval of an item with no more than two resubmittals. Engineer will record Engineer's time for reviewing a third or subsequent resubmittal of a Shop Drawing or Sample, and Contractor shall be responsible for Engineer's charges to Owner for such time.Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges. 3. If Contractor requests a change of a previously approved Shop Drawing or Sample, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor. E. Submittals Other than Shop Drawings,Samples, and Owner-Delegated Designs 1. The following provisions apply to all Submittals other than Shop Drawings, Samples, and Owner-delegated designs: a. Contractor shall submit all such Submittals to the Engineer in accordance with the Schedule of Submittals and pursuant to the applicable terms of the Contract Documents. b. Engineer will provide timely review of all such Submittals in accordance with the Schedule of Submittals and return such Submittals with a notation of either Accepted or Not Accepted.Any such Submittal that is not returned within the time established in the Schedule of Submittals will be deemed accepted. c. Engineer's review will be only to determine if the Submittal is acceptable under the requirements of the Contract Documents as to general form and content of the Submittal. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 41 of 78 161 1A d. If any such Submittal is not accepted,Contractor shall confer with Engineer regarding the reason for the non-acceptance, and resubmit an acceptable document. 2. Procedures for the submittal and acceptance of the Progress Schedule, the Schedule of Submittals,and the Schedule of Values are set forth in Paragraphs 2.03. 2.04,and 2.05. F. Owner-delegated Designs:Submittals pursuant to Owner-delegated designs are governed by the provisions of Paragraph 7.19. 7.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Engineer is entitled to rely on Contractor's warranty and guarantee. B. Owner's rights under this warranty and guarantee are in addition to, and are not limited by, Owner's rights under the correction period provisions of Paragraph 15.08. The time in which Owner may enforce its warranty and guarantee rights under this Paragraph 7.17 is limited only by applicable Laws and Regulations restricting actions to enforce such rights; provided, however,that after the end of the correction period under Paragraph 15.08: 1. Owner shall give Contractor written notice of any defective Work within 60 days of the discovery that such Work is defective;and 2. Such notice will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B, such that any related Claim must be brought within 30 days of the notice. C. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or 2. normal wear and tear under normal usage. D. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor's obligation to perform the Work in accordance with the Contract Documents, or a release of Owner's warranty and guarantee rights under this Paragraph 7.17: 1. Observations by Engineer; 2. Recommendation by Engineer or payment by Owner of any progress or final payment; 3. The issuance of a certificate of Substantial Completion by Engineer or any payment related thereto by Owner; 4. Use or occupancy of the Work or any part thereof by Owner; 5. Any review and approval of a Shop Drawing or Sample submittal; 6. The issuance of a notice of acceptability by Engineer or other similar acceptance by Owner: 7. The end of the correction period established in Paragraph 15.08; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 42 of 78 6I1A4 8. Any inspection,test,or approval by others; or 9. Any correction of defective Work by Owner. E. 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 will govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract. F. 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. G. The warranties provided in this Contract shall be in addition to and not in limitation of any other warranty or remedy required by law. 7.18 Indemnification A. To the fullest extent permitted by Laws and Regulat' el in addition to an ' otheY obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, , damages,costs, and judgments(including but not limited to all fees and charges of engineers, resolution costs) arising from third party claims or actions relating to or resulting from the performance or furnishing of the Work, provided that any such claim, action, loss, cost, judgment or damage is attributable to bodily injury,sickness,disease,or death,or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of employed by any of them to perform any of the Work, or anyone for whose acts any of them may be 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, North Lake Communities, Inc., and their respective members,parents,partners,subsidiaries,affiliates,officers,directors,supervisors,managers, attorneys, engineers, consultants, agents, subcontractors and employees,of each and any of all of the foregoing entities and individuals (together, "Indemnitees") from all claims, liabilities,damages,losses,fees,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. With respect to any indemnification, defense, and hold harmless provision in this Contract, nothing in this Contract shall be construed to require Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 43 of 78 16I144 claims against the District, regardless whether the District is adjudged to be more or less than 50%at fault. 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 be $10,000,000.00 (or the amount of any applicable insurance coverage, if such amount is greater),the amount of which the parties agree 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 Indemnitees. The Contractor shall ensure that any and all Subcontractors, and Suppliers, include this express paragraph for the benefit of the Indemnitees. B. In any and all claims against Owner or Engineer, or an f th i��##iEers, d+rccters, members, partners, employees, agents, consultants, or subcontractors, the Indemnitees 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 will 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. 7.19 Delegation of Professional Design Services A. Owner may require Contractor to provide professional design services for a portion of the Work by express delegation in the Contract Documents. Such delegation will specify the performance and design criteria that such services must satisfy, and the Submittals that Contractor must furnish to Engineer with respect to the Owner-delegated design. B. Contractor shall cause such Owner-delegated professional design services to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications,and Submittals prepared by such design professional.Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Shop Drawing or other Submittal related to the Owner-delegated design is prepared by Contractor, a Subcontractor, or others for submittal to Engineer,then such Shop Drawing or other Submittal must bear the written approval of Contractor's design professional when submitted by Contractor to Engineer. D. Owner and Engineer shall be entitled to rely upon the adequacy,accuracy,and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under an Owner-delegated design,subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.19, Engineer's review, approval, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 44 of 78 1611A4 furnished by Contractor pursuant to an Owner-delegated design will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.19; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents;and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. F. Contractor shall not be responsible for the adequacy of performance or design criteria specified by Owner or Engineer. G. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. ARTICLE 8—OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the Owner,_ landowner, and/or Manatee County may perform other work at or adjacent to the Site.Such other work may be performed by Owncr's the applicable entity's employees, or through contracts between the Owner applicable entity and third parties.Owner The applicable entity may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If Owner,landowner,or Manatee performs other work at or adjacent to the Site with Owncr's employees, or through contracts for such other work that are reasonably anticipated to interfere with Contractor's Work and Owner has advance information regarding the start or continuation of same, 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 third-party utility work that Owner has arranged to take place at or adjacent to the Site, Owner shall provide such information to Contractor. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and Owner, landowner, or Manatee County, if Owncr is performing other work with Owner's, landowner's or Manatee County's employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. 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. E. If the proper execution or results of any part of Contractor's Work depends upon work performed by others, 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 45 of 78 16j1A4 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. F. The provisions of this article are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with Owner, or that is performed without having been arranged by Owner. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.05.C.3. 8.02 Coordination A. 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: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 8.03 Legal Relationships A. If, in the course of performing other work for Owner at or adjacent to the Site,the Owner's employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work,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.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 will 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, and any remedies available to Contractor under Laws or Regulations concerning utility action or inaction. When applicable, any such equitable adjustment in Contract Price will 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 or Contract Price is subject to the provisions of Paragraphs 4.05.D and 4.05.E. B. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting,or interfering with the work of Owner, landowner,and Manatee County,any other contractor,or any utility owner performing other work at or adjacent to the Site. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 46 of 78 1.61 YA 4 1. 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 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 8.03.B. 2. 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 Contractor. C. 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, in whole or in part,out of Contractor's actions, inactions,er negligence, recklessness, or intentional misconduct in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor or an Indemnitee, 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) indemnify,_ defend, and hold harmless Indemnitees Owner and Engineer, and the officers, directors, them from and against any such claims, and against all costs, liabilities,suits, liens, demands, interest,expenses, penalties,fines, judgments, 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 fees and costs) whether monetary or otherwise,arising out of or relating to such damage,delay,disruption, or interference. ARTICLE 9—OWNER'S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 9.02 Replacement of Engineer A. 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 will be that of the former Engineer. 9.03 Furnish Data A. Owner shall promptly furnish the data required of Owner under the Contract Documents. 9.04 Pay When Due A. Owner shall make payments to Contractor when they are due as provided in the Agreement. 9.05 Lands and Easements; Reports,Tests, and Drawings A. Owner's duties with respect to providing lands and easements are set forth in Paragraph 5.01. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 47 of 78 I6I144 B. Owner's duties with respect to providing engineering surveys to establish reference points are set forth in Paragraph 4.03. C. 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. 9.06 Insurance A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 6. 9.07 Change Orders A. Owner's responsibilities with respect to Change Orders are set forth in Article 11. 9.08 Inspections,Tests, and Approvals A. Owner's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 14.02.B. 9.09 Limitations on Owner's Responsibilities A. TI a Neither Manatee County,landowner,or Owner shall net 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, landowner, and Manatee County will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.11 Evidence of Financial Arrangements A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract (including obligations under proposed changes in the Work). 9.12 Safety Programs A. 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. B. Owner shall furnish copies of any applicable Owner safety programs to Contractor. ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. Engineer and the Construction Manager, if any, 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 48 of 78 16 { 1A4 10.02 Visits to Site A. 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. B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and responsibility set forth in Paragraph 10.07. 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. 10.03 Resident Project Representative A. 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 the Supplementary Conditions and in Paragraph 10.07. B. If Owner designates an individual or entity who is not Engineer's consultant, agent, or employee to represent Owner at the Site, then the responsibilities and authority of such individual or entity will be as provided in the Supplementary Conditions. 10.04 Engineer's Authority A. Engineer has the authority to reject Work in accordance with Article 14. B. Engineer's authority as to Submittals is set forth in Paragraph 7.16. C. Engineer's authority as to design drawings, calculations, specifications, certifications and other Submittals from Contractor in response to Owner's delegation (if any)to Contractor of professional design services, is set forth in Paragraph 7.19. D. Engineer's authority as to changes in the Work is set forth in Article 11. E. Engineer's authority as to Applications for Payment is set forth in Article 15. 10.05 Determinations for Unit Price Work A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by Contractor as set forth in Paragraph 13.03. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 49 of 78 1611A4 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. 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. 10.07 Limitations on Engineer's Authority and Responsibilities A. 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, will 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. B. 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. C. 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. D. 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 Contractor under 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. E. The limitations upon authority and responsibility set forth in this Paragraph 10.07 also apply to the Resident Project Representative, if any. 10.08 Compliance with Safety Program A. While at the Site, Engineer's employees and representatives will comply with the specific applicable requirements of Owner's and Contractor's safety programs of which Engineer has been informed. ARTICLE 11—CHANGES TO THE CONTRACT 11.01 Amending and Supplementing the Contract A. The Contract may be amended or supplemented by a Change Order,a Work Change Directive, or a Field Order. B. If an amendment or supplement to the Contract includes a change in the Contract Price or the Contract Times,such amendment or supplement must be set forth in a Change Order. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 50 of 78 16I 1A C. All changes to the Contract that involve (1)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, must be supported by Engineer's recommendation. Owner and Contractor may amend other terms and conditions of the Contract without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order or a Work Change Directive. 11.02 Change Orders A. Owner and Contractor shall execute appropriate Change Orders covering: 1. Changes in 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; 2. Changes in Contract Price resulting from an Owner set-off, unless Contractor has duly contested such set-off; 3. Changes in the Work which are: (a)ordered by Owner pursuant to Paragraph 11.05, (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; such requests for Change Orders may be submitted by Construction Manager in consultation with the Contractor; however, all Change Orders must be reviewed and approved by the Engineer prior to final sign off by the Owner and implementation of the same; and 4. Changes that embody the substance of any final and binding results under: Paragraph 11.03.B, resolving the impact of a Work Change Directive; Paragraph 11.09, concerning Change Proposals; Article 12, Claims; Paragraph 13.02.D, final adjustments resulting from allowances; Paragraph 13.03.D, final adjustments relating to determination of quantities for Unit Price Work;and similar provisions. B. If Owner or Contractor refuses to execute a Change Order that is required to be executed .d th + f D h 11 02 A it ill h .d....me d to be of full force anal effect if fully executed. 11.03 Work Change Directives A. 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 11.07 regarding change of Contract Price. B. If Owner has issued a Work Change Directive and: 1. Contractor believes that an adjustment in Contract Times or Contract Price is necessary, then Contractor shall submit any Change Proposal seeking such an adjustment no later than 30 days after the completion of the Work set out in the Work Change Directive. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 51 of 78 16I144 2. Owner believes that an adjustment in Contract Times or Contract Price is necessary,then Owner shall submit any Claim seeking such an adjustment no later than 60 days after issuance of the Work Change Directive. 11.04 Field Orders A. 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. B. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein. 11.05 Owner-Authorized Changes in the Work A. 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 including but not limited to for the purposes of achieving cost savings, and Owner reserves the right to delete portions of the Work and contract with third parties to provide any such deleted Work. Changes involving the design (as set forth in the Drawings, Specifications, or otherwise) or other engineering or technical matters will be supported by Engineer's recommendation. B. Such changes in the Work 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 must be performed under the applicable conditions of the Contract Documents. C. Nothing in this Paragraph 11.05 obligates 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. 11.06 Unauthorized Changes in the Work A. 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.C.2. 11.07 Change of Contract Price A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price will be determined as follows: 1. 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); EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 52 of 78 16I1A4 2. 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 11.07.C.2);or 3. Where the Work involved is not ce .ered by d 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 11.07.C). C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee;or 2. 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: a. For costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2,the Contractor's fee will be 15 percent; b. For costs incurred under Paragraph 13.01.B.3,the Contractor's fee will be 5 percent; c. 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 11.07.C.2.a and 11.07.C.2.b is that the Contractor's fee will be based on: (1)a fee of 15 percent of the costs incurred under Paragraphs 13.01.B.1 and 13.01.6.2 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 5 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 will be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the Work; d. No fee will be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C; e. The amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work;and f. When both additions and credits are involved in any one change or Change Proposal, the adjustment in Contractor's fee will be computed by determining the sum of the costs in each of the cost categories in Paragraph 13.01.E (specifically, payroll costs, Paragraph 13.01.B.1; incorporated materials and equipment costs, Paragraph 13.01.B.2; Subcontract costs, Paragraph 13.01.B.3; special consultants costs, Paragraph 13.01.B.4; and other costs, Paragraph 13.01.B.5) and applying to each such cost category sum the appropriate fee from Paragraphs 11.07.C.2.a through 11.07.C.2.e, inclusive. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 53 of 78 161 iA 4 11.08 Change of Contract Times A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.09. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. Delay, disruption, and interference in the Work, and any related changes in Contract Times, are addressed in and governed by Paragraph 4.05. 11.09 Change Proposals A. Purpose and Content: Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; contest an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; challenge a set-off against payment due; or seek other relief under the Contract. The Change Proposal will specify any proposed change in Contract Times or Contract Price, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents. Each Change Proposal will address only one issue, or a set of closely related issues. B. Change Proposal Procedures 1. Submittal:Contractor shall submit each Change Proposal to Engineer within 30 days after the start of the event giving rise thereto,or after such initial decision. 2. Supporting Data: 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. a. Change Proposals based on or related to delay, interruption, or interference must comply with the provisions of Paragraphs 4.05.D and 4.05.E. b. Change proposals related to a change of Contract Price must include full and detailed accounts of materials incorporated into the Work and labor and equipment used for the subject Work. The supporting data must 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. 3. Engineer's Initial Review: Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal. If in its discretion Engineer concludes that additional supporting data is needed before conducting a full review and making a decision regarding the Change Proposal, then Engineer may request that Contractor submit such additional supporting data by a date specified by Engineer, prior to Engineer beginning its full review of the Change Proposal. 4. Engineer's Full Review and Action on the Change Proposal: Upon receipt of Contractor's supporting data (including any additional data requested by Engineer), Engineer will conduct a full review of each Change Proposal and, within 30 days after such receipt of the Contractor's supporting data,either approve the Change Proposal in whole,deny it in whole, or approve it in part and deny it in part. Such actions must be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 54 of 78 I 6 I 1 C�. 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. 5. Binding Decision: Engineer's decision is final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12. C. 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 in writing that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of such a Change Proposal, such notice will be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12. D. Post-Completion: Contractor shall not submit any Change Proposals after Engineer issues a written recommendation of final payment pursuant to Paragraph 15.06.B. 11.10 Notification to Surety A. 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 12.01 Claims A. Claims Process: The following disputes between Owner and Contractor are subject to the Claims process set forth in this article: 1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals; 2. Owner demands for adjustments in the Contract Price or Contract Times, or other relief under the Contract Documents; 3. 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;and 4. Subject to the waiver provisions of Paragraph 15.07, any dispute arising after Engineer has issued a written recommendation of final payment pursuant to Paragraph 15.06.B. B. Submittal of Claim: The party submitting a Claim shall deliver such claim, in writing;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 rests with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price,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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 55 of 78 161144 knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. 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 will be stated in writing and submitted to the other party,with a copy to Engineer. D. Mediation 1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to mediation of the underlying dispute. The agreement to mediate will stay the Claim submittal and response process. 2. 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 will 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 will resume as of the date of the conclusion of the mediation, as determined by the mediator. 3. Owner and Contractor shall each pay one-half of the mediator's fees and costs. E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in part, such action will 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. F. 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 will 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. G. 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 will be incorporated in a Change Order or other written document 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 13.01 Cost of the Work A. 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 for two distinct purposes: 1. To dctcrminc Cost of the Work when Cost of the Work is a component of the Contract Price, under cost plus fee,time and materials,or other cost based terms;or EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 56 of 78 16I1A4 2. When needed 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. B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in the Cost of the Work will be in amounts no higher than those commonly incurred in the locality of the Project,will not include any of the costs itemized in Paragraph 13.01.C,and will include only the following items: 1. 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 in advance of the subject Work. Such employees include, without limitation, superintendents,foremen,safety managers,safety representatives,and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs include, but are not limited to, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, 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, will be included in the above to the extent authorized by Owner. 2. 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 accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts will accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment will accrue to Owner, and Contractor shall make provisions so that they may be obtained. 3. 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,which 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 will be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work. 5. Other costs consisting of the following: a. , Contractor's employees incurred in discharge of duties connected with the Work. b. Cost,including transportation and maintenance,of all materials,supplies,equipment, machinery, appliances, office, and temporary facilities at the Site, which are EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 57 of 78 16I1A4 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. 5) 1) In establishing included costs for materials such as scaffolding, plating,or sheeting, consideration will be given to the actual or the estimated life of the material for use on other projects;or rental rates may be established on the basis of purchase or salvage value of such items, whichever is less. Contractor will not be eligible for compensation for such items in an amount that exceeds the purchase cost of such item. c. Construction Equipment Rental 6) 1) Rentals of all construction equipment and machinery, and the parts thereof, in accordance with rental agreements approved by Owner as to price (including any surcharge or special rates applicable to overtime use of the construction equipment or machinery), and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs will be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts must cease when the use thereof is no longer necessary for the Work. 7) 2) Costs for equipment and machinery owned by Contractor or a Contractor-related entity will be paid at a rate shown for such equipment in the equipment rental rate book specified in the Supplementary Conditions,or if none is specified, in a rate book mutually acceptable to both parties.An hourly rate will be computed by dividing the monthly rates by 176. These computed rates will include all operating costs. 8) 3) With respect to Work that is the result of a Change Order, Change Proposal,Claim,set-off,or other adjustment in Contract Price("changed Work"), included costs will be based on the time the equipment or machinery is in use on the changed Work and the costs of transportation, loading, unloading,assembly, dismantling, and removal when directly attributable to the changed Work. The cost of any such equipment or machinery, or parts thereof, must cease to accrue when the use thereof is no longer necessary for the changed Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable,as imposed by Laws and Regulations. e. 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. f. 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 builder's risk or other property insurance established in accordance with Paragraph 6.04), 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 include settlements made with the written consent and approval of Owner. No such EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 58 of 78 16 losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor's fee. g. The cost of utilities,fuel, and sanitary facilities at the Site. h. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded:The term Cost of the Work does not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals, general 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. 2. The cost of purchasing, renting, or furnishing small tools and hand tools. 3. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 4. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 5. 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. 6. Expenses incurred in preparing and advancing Claims. 7. 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. D. Contractor's Fee 1. on the basis of cost plus a fcc,then: a. Contractor's fee for the Work set forth in the Contract Documents as of the Effective Date of the Contract will be determined as set forth in the Agreement. b. for any Work covered by a Change Order, Change Proposal, Claim, set off, or other adjustment in-Contract Price err the basis-of Cost of the Work,Contractor's fcc will be determined as follows: 9) 1) When the fee for the Work as a whole is a percentage of the Cost of the Work,the fee will automatically adjust as the Cost of the Work changes. 10) 2) When the fee for the Work as a whole is a fixed fcc, the fcc for any additions or deletions will be determined in accordance with Paragraph 11.07.C.2. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 59 of 78 16I1A4 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee,then Contractor's fee for any Work covered by a Change Order,Change Proposal, Claim,set-off,or other adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.07.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13,Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices. Subject to prior written notice, Owner will be afforded reasonable access, during normal business hours, to all Contractor's accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor's fee.All such documentation may be considered public records under Florida Law as set forth in the Contract Documents and shall be maintained in accordance with Florida Law. payment by Owner. Pertinent Subcontractors will afford such access to Owner,and preserve such documents,to the same extent required of Contractor. 13.02 Allowances A. 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. B. Cash Allowances:Contractor agrees that: 1. 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 2. 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 for any of the foregoing will be valid. C. Owner's Contingency Allowance: Contractor agrees that an Owner's contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 13.03 Unit Price Work A. 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 and/or the Contract Documents. B. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 60 of 78 161 lit 4 C. 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. D. 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, and the final adjustment of Contract Price will be set forth in a Change Order, subject to the provisions of the following paragraph. E. Adjustments in Unit Price 1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if: a. the quantity of the item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and b. Contractor's unit costs to perform the item of Unit Price Work have changed materially and significantly as a result of the quantity change. 2. The adjustment in unit price will account for and be coordinated with any related changes in quantities of other items of Work, and in Contractor's costs to perform such other Work, such that the resulting overall change in Contract Price is equitable to Owner and Contractor. 3. Adjusted unit prices will apply to all units of that item. ARTICLE 14—TESTS AND INSPECTIONS;CORRECTION,REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Owner, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and authorities having jurisdiction 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 with such procedures and programs as applicable. Bridges or other suitable crossings over ditches shall be provided as required and subject to approval by the Engineer. 14.02 Tests, Inspections, and Approvals A. 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. B. 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 will be governed by the provisions of Paragraph 14.05. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 61 of 78 161lA4 C. 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. D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner; 2. to attain Owner's and Engineer's acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing,adjusting,and balancing of mechanical,electrical,and other equipment to be incorporated into the Work;and 5. 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 will be performed by independent inspectors,testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer. E. 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. F. 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 will 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. 14.03 Defective Work A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not defective. B. Engineer's Authority: Engineer has the authority to determine whether Work is defective,and to reject defective Work. C. Notice of Defects: Prompt written notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. D. 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. E. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 62 of 78 1611A4 F. 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. 14.04 Acceptance of Defective Work A. 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 will 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. 14.05 Uncovering Work A. Engineer and/or Construction Manager has the authority to require additional inspection or testing of the Work,whether or not the Work is fabricated, installed,or completed. Engineer shall review each such additional inspection or testing of the Work. B. 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. C. 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. 1. 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. 2. 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, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 63 of 78 1 6 I 1 A 4 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. 14.06 Owner May Stop the Work A. 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 will 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. 14.07 Owner May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective Work, or to remove and replace defective Work as required by Engineer, then Owner may,after 7 days'written notice to Contractor,correct or remedy any such deficiency. B. 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. C. 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. D. 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. ARTICLE 15—PAYMENTS TO CONTRACTOR;SET-OFFS;COMPLETION;CORRECTION PERIOD 15.01 Progress Payments A. 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 for 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 64 of 78 6IlA4 B. Applications for Payments 1. 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. 2. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably—stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) a bill of sale, establishing full payment by Contractor for the materials and equipment; (b) at Owner's request, documentation warranting that Owner has received the materials and equipment ffec . - ar of a kiens; a-nd arc covered by appropriate property insurance, a warehouse bond, or other arrangements to protect Owner's interest therein, all of which must be satisfactory to Owner. Progress payments are to be made only on installed material, and no payments shall be made on stored material, whether on or off site, unless prior written arrangements are made with Owner. 3. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received by Contractor have been applied to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 4. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C. Review of Applications 1. 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. 2. 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: a. the Work has progressed to the point indicated; b. 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 65 of 78 16I1A4 c. 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. 3. By recommending any such payment Engineer will not thereby be deemed to have represented that: a. 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 b. 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. 4. 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: a. to supervise, direct,or control the Work; b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto; c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work; d. to make any examination to ascertain how or for what purposes Contractor has used the money paid by Owner;or e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens. 5. 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. 6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work in accordance with Paragraph 14.07,or has accepted defective Work pursuant to Paragraph 14.04; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;or e. 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. D. Payment Becomes Due 1. Ten days after presentatio of th n rrl ti F o t + n th i r recommendation, the amount recommended (subject to any Owner set offs) will EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 66 of 78 16I1A4 ti , el ti ill h aid b„ Owner to Cow. Owner shall make payment to the Contractor in the amount recommended by Engineer (subject to the provisions of this Contract) in accordance with the prompt payment provisions contained in Sections 218.70 et seq., 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. E. Reductions in Payment by Owner 1. 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: a. Claims have been made against Owner based on Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages resulting from 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; b. 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; c. Contractor has failed to provide and maintain required bonds or insurance; d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. 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; f. The Work is defective, requiring correction or replacement; g. Owner has been required to correct defective Work in accordance with Paragraph 14.07,or has accepted defective Work pursuant to Paragraph 14.04; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor's failure to achieve Milestones,Substantial Completion, or final completion of the Work; k. 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;or I. Other items entitle Owner to a set-off against the amount recommended. 2. 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 67 of 78 161 1 amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed will be binding on Contractor unless it duly submits a Change Proposal contesting the reduction. 3. Upon a subsequent determination that Owner's refusal of payment was not justified,the amount wrongfully withheld will be treated as an amount due as determined by Paragraph 15.01.D.1 and subject to interest as provided in the Agreement. 15.02 Contractor's Warranty of Title A. 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 7 days after the time of payment by Owner. 15.03 Substantial Completion A. 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, including an estimated cost to complete each item on such punch list. B. 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. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a preliminary certificate of Substantial Completion which will 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, including an estimated cost to complete each item on such punch list.Owner shall have 7 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. D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and Contractor will confer regarding Owner's use or occupancy of the 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, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 68 of 78 i6I1A4 property insurance, maintenance, heat, and utilities upon Owner's use or occupancy of the Work. E. 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. F. 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. G. To the extent this paragraph 15.03 is inconsistent in any way with Florida's Local Government Prompt Payment Act,sections 218.70 et seq.,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. 15.04 Partial Use or Occupancy A. 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: 1. 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 15.03.E for that part of the Work. 2. 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. 3. 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. 4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 6.04 regarding builder's risk or other property insurance. 15.05 Final Inspection A. 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 EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 69 of 78 16IlA4 agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 15.06 Final Payment A. Application for Payment 1. 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 7.12), and other documents,Contractor may make application for final payment. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents; b. consent of the surety, if any,to final payment; c. 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. d. a list of all duly pending Change Proposals and Claims;and e. 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. 3. 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. B. Engineer's Review of Final Application and Recommendation of Payment: 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 10 days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the final Application for Payment to Owner for payment. Such recommendation will 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.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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 70 of 78 I 6 I 1 A 4 C. Notice of Acceptability: In support of its recommendation of payment of the final Application for Payment, Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to stated limitations in the notice and to the provisions of Paragraph 15.07. D. 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 and issuance of notice of the acceptability of the Work. Without intending to limit any other requirements set forth herein for final payment,the Work shall not be deemed complete until the Engineer has certified that, among any other requirements herein, the Contractor has completed all of the Work; there is satisfactory operation of all equipment, by means of acceptance tests; all punch list items has been corrected to the satisfaction of Owner and Engineer; the Contractor has provided all evidence of all releases of all mechanics', materialmen's and like liens;all warranties,equipment operation and maintenance manuals, As-Built Drawings and other required documents have been delivered; all other required approvals and acceptances by city, county and state governments, or other authority having jurisdiction have been provided;all rubbish,tools,and surplus materials and equipment from the Project Site have been removed; and a final affidavit and release of claims has been provided. E. Final Payment Becomes Due:Upon receipt from Engineer of the final Application for Payment and accompanying documentation,Owner shall set off against the amount recommended by Engineer for final payment any further sum to which Owner is entitled, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions of this Contract with respect to progress payments. Owner shall pay the resulting balance due to Contractor within 30 days of Owner's receipt of the final Application for Payment from Engineer. 15.07 Waiver of Claims A. The making of final 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. waives its claim or right to liquidated damages or other damages for late completion by Contractor, except as set forth in an outstanding Claim, appeal under the provisions of A .• - - • - - _ rvation of rights by Owner. ^ ^s all other claims or rights after final payment. B. 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 as a Claim, or appealed under the provisions of Article 17. 15.08 Correction Period A. If within one y ar three years after the date of l tantial Completion acceptance and approval of the Work by Owner as evidenced by way of a Certificate of Completion issued by Manatee County or the time the applicable defect security obligations (as imposed by Manatee County) remain outstanding with Manatee County, whichever is longer (or such EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 71 of 78 1611A4 any applicable special guarantee required by the Contract Documents), Owner gives Contractor written notice that any Work has been found to be defective,or that Contractor's repair of any damages to the Site or adjacent areas has been found to be defective,then after receipt of such notice of defect Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions: 1. correct the defective repairs to the Site or such adjacent areas; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by Owner,and 4. 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 from the corrective measures. B. Owner shall give any such notice of defect within 60 days of the discovery that such Work or repairs is defective. If such notice is given within such 60 days but after the end of the correction period, the notice will be deemed a notice of defective Work under Paragraph 7.17.B. C. If, after receipt of a notice of defect within 60 days and within the correction period, 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 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).Contractor's failure to pay such costs, losses, and damages within 10 days of invoice from Owner will be deemed the start of an event giving rise to a Claim under Paragraph 12.01.B,such that any related Claim must be brought within 30 days of the failure to pay. D. 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. E. 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. F. Contractor's obligations under this paragraph are in addition to all other obligations and warranties.The provisions of this paragraph are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose and shall survive final payment, completion, and acceptance of the Work or termination of the Contractor or of the services of Contractor. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 72 of 78 6I1A4 ARTICLE 16—SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. 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 directly attributable to any such suspension. Any Change Proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of Work. B. When all or a portion of the Work is suspended for any reason, Contractor shall securely fasten down all coverings and other protections necessary to protect the Work and the Site from injury by the elements or otherwise. 16.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will constitute a default by Contractor and justify termination for cause: 1. 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); 2. Failure of Contractor to perform or otherwise to comply with a any material term of the Contract Documents; 3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;or 4. Contractor's repeated disregard of the authority of Owner or Engineer. B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving Contractor (and any surety) 10 days' written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract,Owner may proceed to: 1. declare Contractor to be in default, and give Contractor (and any surety) written notice that the Contract is terminated;and 2. enforce the rights available to Owner under any applicable performance bond. C. 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. D. Owner may not proceed with termination of the Contract under Paragraph 16.02.E if Contractor within 7 days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure. E. 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, EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 73 of 78 1611A4 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. F. 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. G. 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 will govern over any inconsistent provisions of Paragraphs 16.02.E and 16.02.D. 16.03 Owner May Terminate for Convenience A. Upon 7 days' written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, 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. In such case, Contracto hall paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents and profit on such Work; profit on such expenses; and 3. other reasonable expenses directly attributable to termination, including costs incurred B. Contractor shall not be paid for any loss of anticipated profits or revenue, post-termination overhead costs, consequential damages of any kind, or other economic loss arising out of or resulting from such termination. C. Upon any such termination, Contractor shall: 1. Immediately discontinue Work on the date and to the extent specified in the notice except to the extent necessary to protect Work in place; EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 74 of 78 6IIA4 2. 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; 3. Promptly make every reasonable effort to obtain cancellation upon terms reasonably satisfactory to District of all purchase orders and Subcontracts to the extent they relate to the performance of Work terminated or assign to District those orders and Subcontracts and revoke agreements specified in such notice; 4. Reasonably assist District, as specifically requested in writing, in the maintenance, protection and disposition of property acquired by District under the Contract,as may be necessary; 5. Complete performance of any Work which is not terminated; and 6. Deliver to District an affidavit regarding the identity of unpaid potential lienors and the amounts due to each. 16.04 Contractor May Stop Work or Terminate A. 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 7 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 Contract and recover from Owner payment on the same terms as provided in Paragraph 16.03. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, 7 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 17.01 Methods and Procedures A. Disputes Subject to Final Resolution: The following disputed matters are subject to final resolution under the provisions of this article: 1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full, pursuant to Article 12;and 2. Disputes between Owner and Contractor concerning the Work, or obligations under the Contract Documents,that arise after final payment has been made. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 75 of 78 I6I1A4 B. Final Resolution of Disputes: For any dispute subject to resolution under this article, Owner or Contractor may: 1. elect in writing to invoke the dispute resolution process provided for in the Supplementary Conditions; 2. agree with the other party to submit the dispute to another dispute resolution process; or 3. 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. C. In the event Owner or Contractor is required to enforce this Contract by court proceedings, alternative dispute resolution, appellate proceedings or otherwise,then the exclusive venue for any such legal action shall be in a court of appropriate jurisdiction in Manatee County, Florida, and the prevailing party shall be entitled to recover from the other party all fees and costs, including reasonable attorney's fees and costs, paralegal fees,and expert witness fees, incurred in bringing or defending such action and/or enforcing any judgment granted in such action. ARTICLE 18—MISCELLANEOUS 18.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice to Owner, Engineer,or Contractor, it will be deemed to have been validly given only if delivered: 1. in person, by a commercial courier service or otherwise, to the recipient's place of business; 2. by registered or certified mail, postage prepaid,to the recipient's place of business;or 3. by e-mail to the recipient,with the words"Formal Notice"or similar in the e-mail's subject line. 18.02 Computation of Times A. When any period of time is referred to in the Contract by days, it will be computed to based on calendar days and shall 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. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee,or by other provisions of the Contract. 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. EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 76 of 78 1611A4 18.04 Limitation of Damages A. 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 officers, directors, members, partners, employees, supervisors, staff, 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. 18.05 No Waiver A. A party's non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. 18.06 Survival of Obligations A. 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 of the Contract or of the services of Contractor. 18.07 Controlling Law A. This Contract is to by governed by the law of the state in which the Project is located. 18.08 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 18.09 Successors and Assigns A. 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. 18.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 18.11 Sovereign Immunity A. Contractor and Owner agree that nothing in this Contract shall be deemed as a waiver of the 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. 18.12 No Third-Party Beneficiaries EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 77 of 78 161144 A. Except with respect to Contractor's indemnification of the Indemnitees as set forth herein, and except as otherwise specifically provided herein, this Contract is solely for the benefit of Owner and Contractor and no right or cause of action shall accrue upon or by reason,to or for the benefit of any third party not a formal party to this Contract(specifically including but not limited to any design professionals,subcontractors,or material suppliers directly engaged by Contractor). Nothing in this Contract expressed or implied is intended or shall be construed to confer upon any person or corporation other than Owner and Contractor any right, remedy, or claim under or by reason of this Contract or any of the provisions or conditions of this Contract; and all of the provisions, representations, covenants, and conditions contained in this Contract shall inure to the sole benefit of and shall be binding upon Owner and Contractor and their respective partners, representatives,successors,and assigns. 18.13 Other General Requirements: Following terms will apply,as applicable: A. Chemicals. All chemicals used during Project construction or furnished for Project operation,whether herbicide, pesticide, disinfectant,polymer, reactant or of other classification, must show approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in strict conformance with instructions. B. Siltation Erosion.The Contractor shall take steps and make suitable provisions to minimize siltation and erosion which may result from,or as a result of, his operations during the course of construction of this Project. C. Safety and Health Regulations.The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (P.L. 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act(P.L. 91-54). EJCDC®C-700,Standard General Conditions of the Construction Contract. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 78 of 78 1611A4 SUPPLEMENTARY CONDITIONS Shoreline Restoration Phase III The following supplements establish information supplementary to the Standard General Conditions of the Construction Contract, EJCDC Document No. C-700, 2018 Edition (the "General Conditions"), including establishing insurance limits and other requirements pursuant to Article 6, and identifying certain reports relating to subsurface conditions and hazardous conditions at the site pursuant to Article 5. Other changes have been marked directly in underlined and strike-through text 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. SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS 1. Reports. Pursuant to Paragraph 5.03.A.1. of the General Conditions, the following reports of explorations and tests of subsurface conditions at or adjacent to the Site are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications: No reports or tests related to of subsurface conditions at or adjacent to the Site are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications. 2. Drawings. Pursuant to Paragraph 5.03.A.2. of the General Conditions,the following drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities)are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications: No drawings of physical conditions relating to existing surface or subsurface structures at or adjacent to the Site(except Underground Facilities)are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications reports. 3. Technical Data. Pursuant to Paragraph 5.03.A.3. of the General Conditions, the following Technical Data is contained in the reports and drawings of subsurface and physical conditions: No reports or drawings related to physical conditions and subsurface structures at the Site are known to the Owner. SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE 1. Reports. Pursuant to Paragraph 5.06.A.1. of the General Conditions, the following reports of Hazardous Environmental Conditions at or adjacent to the Site are known to Owner: No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. Supplementary Conditions to EJCDC C-700,Standard General Conditions of the Construction Contract Page 1 of 6 I6I1A4 2. Drawings. Pursuant to Paragraph 5.06.A.2. of the General Conditions, the following drawings of Hazardous Environmental Conditions at or adjacent to the Site are known to Owner: No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. 3. Technical Data. Pursuant to Paragraph 5.06.A.3. of the General Conditions, the following Technical Data is contained in the reports and drawings of Hazardous Environmental Conditions: No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. SC-6.01 PERFORMANCE, PAYMENT,AND OTHER BONDS Contractor must provide the required Payment and Performance Bonds as required in the General Conditions. Pursuant to Paragraph 6.01.B. of the General Conditions,the following additional bonds are required: N/A SC-6.03 CONTRACTOR'S INSURANCE Pursuant to Paragraph 6.03.A. of the General Conditions, the limits of Contractor's required insurance shall be as follows. 1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations: a. Workers'Compensation and Employer's Liability Workers'Compensation Statutory Employer's Liability Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit $1,000,000 b. Commercial General Liability General Aggregate $3,000,000 Products-Completed Operations Aggregate $3,000,000 Personal and Advertising Injury $3,000,000 Bodily Injury and Property Damage*—Each Occurrence $3,000,000 *Property Damage liability shall provide explosion, collapse, and under-ground coverages where applicable. c. Automobile Liability* Bodily Injury Supplementary Conditions to EJCDC C-700,Standard General Conditions of the Construction Contract Page 2 of 6 161IA4 Each Person $1,000,000 Each Accident $1,000,000 Property Damage Each Accident $1,000,000 [OR] Combined Single Limit(Bodily Injury and Property Damage) $2,000,000 *Automobile liability insurance shall include coverage for all owned, non-owned, and hired vehicles d. Excess or Umbrella Liability* Per Occurrence $3,000,000 General Aggregate $3,000,000 e. Contractor's Pollution Liability* Each Occurrence/Claim $1,000,000 General Aggregate $2,000,000 *Pollution liability shall cover third-party injury and property damage claims, including clean-up costs. f. Builder's Risk Amount—upon the Work on a completed value basis, in the amount of the full insurable replacement cost thereof) ii. Form—must be written on a builder's risk"all risk" policy form that shall at least include insurance for physical loss or damage to the Work,temporary buildings, falsework, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement;flood;collapse; explosion;debris removal;demolition occasioned by enforcement of Laws and Regulations;water damage(other than that caused by flood); and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Contractor. iii. Scope —cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, Supplementary Conditions to EJCDC C-700,Standard General Conditions of the Construction Contract Page 3 of 6 including Owner-furnished or assigned property; (b) spare parts inventor' 6 f 1 4 4 required within the scope of the Contract;and(c)temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding,form work, fences, shoring,falsework, and temporary structures; cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier); extend to cover damage or loss to insured property while in transit; allow for partial occupation or use of the Work by Owner, such that those portions of the Work that are not yet occupied or used by Owner shall remain covered by the builder's risk insurance; allow for the waiver of the insurer's subrogation rights,as set forth below; provide primary coverage for all losses and damages caused by the perils or causes of loss covered; not include a co-insurance clause; include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship,design,or materials exclusions; include performance/hot testing and start-up;and be maintained in effect, subject to the provisions herein regarding Substantial Completion and partial occupancy or use of the Work by Owner, until the Work is complete. 2. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days after notice has been received by the purchasing policyholder. Within three days of receipt of any such notice, the purchasing policyholder shall provide a copy of the notice to each other insured and Engineer. 3. Automobile liability insurance provided by Contractor will be written on an occurrence basis and provide coverage 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. 4. Contractor's commercial general liability policy will be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements: Supplementary Conditions to EJCDC C-700,Standard General Conditions of the Construction Contract Page 4 of 6 16IIA4 a. Products and completed operations coverage maintained for three (3) years after final payment; b. Blanket contractual liability coverage to the extent permitted by law; c. Broad form property damage coverage; and d. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage. 5. The Contractor's commercial general liability and automobile liability,umbrella or excess, pollution liability and builder's risk policies will include and list Owner, Engineer,North Lake Communities, Inc., and the respective supervisors, subsidiaries, affiliates, professional staff, officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds will provide primary coverage for all claims covered thereby(including, as applicable,those arising from both ongoing and completed operations)on a non-contributory basis. 6. Additional insured endorsements will 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). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements. 7. Contractor shall provide ISO Endorsement CG 20 32 07 04, "Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent for design professional additional insureds. 8. Umbrella or excess liability insurance will be written over the underlying employer's liability, commercial general liability, and automobile liability insurance. The coverage afforded must be at least as broad as that of each and every one of the underlying policies.Contractor may meet the policy limits specified for employer's liability, commercial general liability, and automobile liability through the primary policies alone,or through combinations of the primary insurance policy's policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy. 9. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit. 10. 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 15.Alternatively,the Owner has the right but not the obligation 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 Owner's obtaining the required insurance. SC-8.02 COORDINATION Pursuant to Paragraph 8.02 of the General Conditions, 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 Supplementary Conditions to EJCDC C-700, Standard General Conditions of the Construction Contract Page 5 of 6 16i1A � with Owner's employees,or to arrange to have utility owners perform work at or adjected to the Site, the following information pertains to such other work: 1.The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors: None 2. An itemization of the specific matters to be covered by such authority and responsibility: None 3.The extent of such authority and responsibilities: None Supplementary Conditions to EJCDC C-700, Standard General Conditions of the Construction Contract Page 6 of 6 Bond Number Assigned by Surety: 1 6 1 1 A [Bond Numbed PERFORMANCE BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address(principal place of business): Address(principal place of business): [Address of Contractor's principal place of [Address of Surety's principal place of business] business] Telephone Number: [Telephone Number' Telephone Number: [Telephone Number] Owner Contract Name: Quarry Community Development Description (name and location): District Mailing address(principal place of business): Shoreline Restoration Phase Ill 210 North University Drive,Suite 702 Coral Springs, Florida 33071 Contract Price: [Amount from Contract] Telephone Number: 239.785.0675 Effective Date of Contract: [Date from Contract] Bond Bond Amount: [Amount(Contract Price)] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None ® See Paragraph 16 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth in this Performance Bond,do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety)(corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 of 4 1 6 I 144 Bond Number Assigned by Surety: [Bond Numbed 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Paragraph 3. 3. If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond will arise after: 3.1. The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice may indicate whether the Owner is requesting a conference among the Owner,Contractor,and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may,within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Paragraph 3.1 will be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor, and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement does not waive the Owner's right, if any, subsequently to declare a Contractor Default; 3.2. The Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and 3.3. The Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the part of the Owner to comply with the notice requirement in Paragraph 3.1 does not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. 5. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1. Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2. Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or 5.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: EJCDC®C-610,Performance Bond. Copyright©2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 of 4 Bond Number Assigned by Surety: 1 6 1 A 4 [Bond Numbed 5.4.1 After investigation,determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner;or 5.4.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6. If the Surety does not proceed as provided in Paragraph 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Paragraph 5.4, and the Owner refuses the payment, or the Surety has denied liability, in whole or in part,without further notice,the Owner shall be entitled to enforce any remedy available to the Owner. 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner will not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety will not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication for: 7.1. the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 7.2. additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 5; and 7.3. liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8. If the Surety elects to act under Paragraph 5.1,5.3,or 5.4,the Surety's liability is limited to the amount of this Bond. 9. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price will not be reduced or set off on account of any such unrelated obligations. No right of action will accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors,and assigns. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders,and other obligations. 11. Any proceeding, legal or equitable, under this Bond must be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and must be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the 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 periods of limitations available to sureties as a defense in the jurisdiction of the suit will be applicable. 12. Notice to the Surety,the Owner,or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted therefrom and provisions conforming to such EJCDC®C-610,Performance Bond. Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 of 4 Bond Number Assigned by Surety: 1 6 I 1 A 4 'Bond Number' statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 14. Definitions 14.1. Balance of the Contract Price—The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3. Contractor Default—Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. 14.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 15. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 16. Modifications to this Bond are as follows: This Bond is hereby amended so that the provisions and limitations of Section 255.05, including without limitation subsection (6) and the notice and time limitation provisions in subsections (2) and (10), or Sections 713.23 and 713.245, Florida Statutes, whichever are applicable,are incorporated by reference herein. EJCDC®C-610,Performance Bond. Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 of 4 16I 144 PAYMENT BOND Contractor Surety Name: [Full formal name of Contractor] Name: [Full formal name of Surety] Address(principal place of business): Address(principal place of business): [Address of Contractor's principal place of [Address of Surety's principal place of business] business] Telephone Number: [Telephone Numberl Telephone Number: [Telephone Numberl Owner Contract Name: Quarry CDD Description (name and location): Mailing address(principal place of business): Shoreline Restoration Phase Ill 210 North University Drive,Suite 702 Coral Springs, Florida 33071 Contract Price: [Amount from Contract] Telephone Number: 239.785.0675 Effective Date of Effective Date of Contract: Bond Bond Amount: [Amount(Contract Price)] Date of Bond: [Date] (Date of Bond cannot be earlier than Effective Date of Contract) Modifications to this Bond form: ❑ None ® See Paragraph 18 Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth in this Payment Bond, do each cause this Payment Bond to be duly executed by an authorized officer, agent,or representative. Contractor as Principal Surety (Full formal name of Contractor) (Full formal name of Surety)(corporate seal) By: By: (Signature) (Signature)(Attach Power of Attorney) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Attest: Attest: (Signature) (Signature) Name: Name: (Printed or typed) (Printed or typed) Title: Title: Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to Contractor,Surety,Owner,or other party is considered plural where applicable. 161 IA 4 1. The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials, and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference,subject to the following terms. 2. If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner from claims, demands, liens, or suits by any person or entity seeking payment for labor, materials,or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond will arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Paragraph 13) of claims, demands, liens, or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, and tendered defense of such claims,demands, liens,or suits to the Contractor and the Surety. 4. When the Owner has satisfied the conditions in Paragraph 3, the Surety shall promptly and at the Surety's expense defend, indemnify, and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. 5. The Surety's obligations to a Claimant under this Bond will arise after the following: 5.1. Claimants who do not have a direct contract with the Contractor 15..1. have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim;and 15..2. have sent a Claim to the Surety(at the address described in Paragraph 13). 5.2. Claimants who are employed by or have a direct contract with the Contractor have sent a Claim to the Surety(at the address described in Paragraph 13). 6. If a notice of non-payment required by Paragraph 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Paragraph 5.1.1. 7. When a Claimant has satisfied the conditions of Paragraph 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1. Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2. Pay or arrange for payment of any undisputed amounts. 7.3. The Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 will not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however,the Surety fails to discharge its obligations under Paragraph 7.1 or 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 1611A 8. The Surety's total obligation will not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Paragraph 7.3, and the amount of this Bond will be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract will be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfying obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. 10. The Surety shall not be liable to the Owner,Claimants,or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 12. No suit or action will be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1)on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2,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(1) or (2) first occurs. 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 will be applicable. 13. Notice and Claims to the Surety, the Owner, or the Contractor must be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished,will be sufficient compliance as of the date received. 14. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement will be deemed deleted here from and provisions conforming to such statutory or other legal requirement will be deemed incorporated herein. When so furnished, the intent is that this Bond will be construed as a statutory bond and not as a common law bond. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. Definitions 16.1. Claim—A written statement by the Claimant including at a minimum: 116..1. The name of the Claimant; 116..2. The name of the person for whom the labor was done, or materials or equipment furnished; 116..3. A copy of the agreement or purchase order pursuant to which labor, materials, or equipment was furnished for use in the performance of the Construction Contract; 116..4. A brief description of the labor, materials,or equipment furnished; 1 6 I 1 A 4 116..5. The date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; 116..6. The total amount earned by the Claimant for labor, materials, or equipment furnished as of the date of the Claim; 116..7. The total amount of previous payments received by the Claimant;and 116..8. The total amount due and unpaid to the Claimant for labor, materials, or equipment furnished as of the date of the Claim. 16.2. Claimant—An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond is to include without limitation in the terms of"labor, materials, or equipment"that part of the water,gas, power,light, heat,oil,gasoline,telephone service,or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the 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. 16.3. Construction Contract—The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4. Owner Default—Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5. Contract Documents—All the documents that comprise the agreement between the Owner and Contractor. 17. If this Bond is issued for an agreement between a contractor and subcontractor,the term Contractor in this Bond will be deemed to be Subcontractor and the term Owner will be deemed to be Contractor. 18. Modifications to this Bond are as follows: This Bond is hereby amended so that the provisions and limitations of Section 255.05, including without limitation subsection (6) and the notice and time limitation provisions in subsections (2) and (10), or Sections 713.23 and 713.245, Florida Statutes, whichever are applicable,are incorporated by reference herein 1611A4 c o 2216 Altamont Avenue Ft.Myers,FL 33901 Phone:239.332.5499 Fax:239.332.2955 Memo Date: April 18, 2025 To: The Quarry CDD,Naples From: CPH, Inc. Re: 9018 Quarry Drive Drain Inquiry CPH Job No.: Q0504 The Quarry CDD Board, CPH conducted a site inspection in the month of April 2025 to the following addresses: Action Item #12 9018 Quarry Dr: This inspection was performed in an effort to identify if the drain was located on the owner's property or on the easement owned by the QCDD. While on site, CPH noticedthe following: 1. The adjacent lake had experienced minor to moderate erosion 2. The installed French drain outfall is within the QCDD easement 3. CPH has informed the resident that the French drain needs to be placed outside of QCDD easement Please refer to the following photos of areas affected by erosion. I6IlA4 o Drain Location w 7 •. f • • Erosion on Lake 63A try t 5�=1 s t @ 0 1 Action Item #13 9385 Copper Canyon Ct: This inspection was performed in an effort to identify if the recently installed drainage system within the QCDD swale. While on site, CPH noticed the following: 1. Three drains were installed within swale 2. The installed drain flow into existing catch basins and not directly into the lake 3. Property owner claims they received project approval from QCDD. Please refer to the following photos of the drains and catch basins. Drain Locations ,, .9. � --ar -AWq r xPL'"".. ;c am-... 1 't.' • • r ,, %• A+ wMI10 I t- i w; I111111111\\\\\\ • Existing Catch Basins iS 1.2 ti • 7 ar r, ) $ t 4, +,, ,• •.), +�; 'PAL'�' 0 �fyug p� .✓ 1 f Z,1' i X**r . # ,, ` •• i !% ire,: �/'' •Y y, S %5„, } v rr ' ,f ')+'7jpyTf� Toll I1&r ' _.., .rydlR, R+ i+ .F. 4 , 4 0o al Action Item #14 9160 Flint Ct. This Item has been completed. Letter from CPH sent to Inframark 4/14/25 Action Item #15 9355 Marble Stone Dr: This inspection was performed in an effort to identify if the added pool affected the adjoining swale. While on site, CPH noticed the following: 1. Fill had been placed in the swale, altering the elevation of the affected area. 2. An email was sent to the HOA management to inform the owner of these findings and ensure the swale will be regraded to original conditions at construction close out. Please refer to the following photos of the dirt in the swale. , , ,,7•A:„,, 't - -- ..,k,„,n.. ,... ,,,,, ,. ., _ .. „,, i ,.. , . •... .-rez,,,,gt...,, ,.,.,. .ii:L:- , .,.. _.. , P .•p ..t. ki,r,,,F,,.., • � s L'' r' 'e. w .fps _5 '' ,M- rs�r L• btu • , � . e. yam.. },r 414 esa-*es .2" - �� ... .. — 6.vtry ' tiles --.-.1v' r z , tote, p4.101 ig".. r SK 4a fir'•� 'nj �f' ;sisSa r 0 Ili) Action Item #16 9360 Marble Stone Dr: This inspection was performed in an effort to identify if the added foliage was within the QCDD easement and if the swale was altered. While on site, CPH noticed the following: 1. There were two palm trees added as part of the pool addition that are within the QCDD easement/swale. 2. CPH met with GC and they informed us that they will be proceeding with relocating the palm trees outside of the swale and regrading the swale to meet original design. Please refer to the following photos of the palm and the swale. e f,�: y. ac s : k a _ it ,„it __,, _ ,,.. i . . . j E . ' . „. ,�� � tC` r a.,p, S .•'t M1 �..Xn x'.r' ..., _..., A.,--Q-4-,,,,. s ,,-0,-. ,,,,..,,:.-',-••Gi, ,,,,.„ey. ,, , -, ,„. .> , .%tor 4,,:ar,.. ...,„, it. . ,,...,...., ....„4,-..„..,.a. ,,.4.1. i.o.e... '""`4' ',I' ' . .4 ' - ,4,',e) -valtli ,,,,,tAo,ok-i,i ,i, ,:, r; .44-..-.014'..4,44,4 e 'AI.'1 0.', \,;�.. s f 4 z- w a'j"k`• xc as t" S e z,. 1. l's ,4 74 d � ' �sY ,r < ,tea ,� ' # a"' r,rt 6'. a n tiY .V 'I'''. s s .ty,J.t � ( � • � � '� / t 1 • } � 1' 't T. ept,s. .ft w.I ,t jf' T 'iw 4 'ic] .r-. vrt ', d r+.y{i 1�a 4.4 1'a ..a.p )071 -4Pz. l - ,i-.=%%. `st:4„ 4,+4:4;, 1�7,- �.'t, + ,.- 'waft ,ri. t ' A.."„ ,,i:t1` , -?R',ts1]"6i tv .4. V« i., u.44 v r7.. i •- at y G a�.ryr .)t' �1'10' w,^..,tzy?� 3.p r" . e r 1,->v p ti 4 ,41•.,71 ,* - - % c if' i d " ,.1-,-, �+ !"t',+,f 4 w, gkya�` t �y�, _,A,►�, .,lam y"may t. w W %\ p h c o r p corn o [b Action Item #18 Have Phase Ill contract with Cross Creek Environmental executed. The contract was shared with Crosscreek,they had some markups, and these were sent to Wes for review. 1611A4 QUARRY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2026 Preliminary Budget Prepared by: 6INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES QUARRY 1.6 t . Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balances ................................... 1-2 BudgetNarrative ......................................................................................................... 3-6 Exhibit A-Allocation of Fund Balances ............................................................................ 7 DEBT SERVICE BUDGET Series 2020 Summary of Revenues, Expenditures and Changes in Fund Balances ................................... 8 AmortizationSchedule .................................................................................................. 9 BudgetNarrative ............................................................................................................... 10 SUPPORTING BUDGET SCHEDULE Comparison of Assessment Rates ................................................................. 11 16i la4 Quarry Community Development District Operating Budget Fiscal Year 2026 QUARRY 1.6 I 1 A 4 Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED %+/(-) BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 Budget FY 2026 REVENUES Interest-Investments $ 4,000 $ 38,294 $ - $ 38,294 857% $ 8,900 Golf Course Revenue 114,945 57,473 57,472 114,945 0% 114,945 Interest-Tax Collector - 1,770 - 1,770 0% - Special Assmnts-Tax Collector 814,044 753,620 60,424 814,044 0% 813,217 Special Assmnts-Discounts (32,562) (28,051) (604) (28,655) -12% (32,529) Other Miscellaneous Revenues - 1,000 1,000 0% TOTAL REVENUES 900,427 824,106 117,292 941,398 904,533 EXPENDITURES Administrative P/R-Board of Supervisors 12,000 3,600 8,000 11,600 -3% 12,000 FICA Taxes 918 275 612 887 -3% 918 ProfServ-Arbitrage Rebate 600 - 600 600 0% 600 ProfServ-Engineering 45,000 4,261 40,739 45,000 0% 45,000 ProfServ-Legal Services(District) 21,000 1,454 19,546 21,000 0% 21,000 ProfServ-Legal Litigation(Outside Svcs) 25,000 1,063 23,937 25,000 0% 25,000 ProfServ-Mgmt Consulting Sery 64,154 21,385 42,769 64,154 0% 66,079 ProfServ-Property Appraiser 34,294 7,526 26,768 34,294 0% 34,294 ProfServ-Trustee Fees 4,041 - 4,041 4,041 0% 4,041 Auditing Services 5,500 - 5,500 5,500 0% 5,500 Website Compliance 1,553 388 1,165 1,553 0% 1,553 Postage and Freight 600 202 398 600 0% 600 Insurance-General Liability 7,644 7,227 417 7,644 0% 7,644 Printing and Binding 500 - 500 500 0% 500 Legal Advertising 4,000 - 4,000 4,000 0% 4,000 Miscellaneous Services 1,999 97 1,902 1,999 0% 2,000 Misc-Bank Charges 500 - 500 500 0% 500 Misc-Special Projects 18,279 - 18,279 18,279 0% 18,279 Misc-Assessmnt Collection Cost 16,281 14,511 1,208 15,719 -3% 16,281 Misc-Contingency 1,000 248 752 1,000 0% 980 Office Supplies 250 - 250 250 0% 250 Annual District Filing Fee 175 175 - 175 0% 175 Total Administrative 265,287 62,451 201,883 264,334 267,193 Field ProfServ-Field Management 5,464 1,821 3,643 5,464 0% 5,628 Contracts-Preserve Maintenance 103,830 51,915 51,915 103,830 0% 103,830 Contracts-Lake Maintenance 65,004 21,668 43,336 65,004 0% 66,960 R&M-General 70,000 4,175 65,825 70,000 0% 70,000 R&M-Lake 184,672 - 184,672 184,672 0% 184,672 R&M-Fence 2,500 - 2,500 2,500 0% 2,500 R&M-Weed Harvesting 75,000 20,015 54,985 75,000 0% 77,250 Miscellaneous Maintenance 3,670 - 3,670 3,670 0% 1,500 Annual Operating and Debt Service Budget I61 IA 4 QUARRY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED %+/(-) BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 Budget FY 2026 Capital Projects 75,000 16,910 58,090 75,000 0% 75,000 Total Field 585,140 116,504 468,636 585,140 587,340 Reserves Reserve-Other 50,000 - 50,000 50,000 0% 50,000 Total Reserves 50,000 - 50,000 50,000 50,000 TOTAL EXPENDITURES&RESERVES 900,427 178,955 720,519 899,474 904,533 Excess(deficiency)of revenues Over(under)expenditures (0) 645,151 (603,227) 41,924 0 TOTAL OTHER SOURCES(USES) (0) - - - 0 Net change in fund balance (0) 645,151 (603,227) 41,924 0 FUND BALANCE,BEGINNING 1,608,021 1,608,021 - 1,608,021 1,649,945 FUND BALANCE,ENDING $ 1,608,021 $ 2,253,172 $ (603,227) $ 1,649,945 $ 1,649,945 Annual Operating and Debt Service Budget QUARRY 1 6 1 1 A 4 Community Development District General Fund Budget Narrative Fiscal Year 2026 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their money market account. Golf Course Revenue The District receives yearly revenue from golf course. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessmenton all the assessable property within the District to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discou nts Per Section 197.162,Florida Statutes, discounts are allowed for early payment of assessments. The budgeted amountfor the fiscal year is calculated at4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative P/R-Board of Supervisors Chapter 190 of the Florida Statutes allows for m embers of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. FICA Taxes Payroll taxes on Board of Supervisors compensation.The budgeted amountforthe fiscal year is calculated at 7.65%of the total Board of Supervisor's payroll expenditures. Professional Services-Arbitrage Rebate Calculation The District utilizes a company who specializes in calculating the District's Arbitrage Rebate Liability on the Series of Benefit Special Assessment Bonds. The budgeted amountforthe fiscal year is based on standard fees charged for this service. Professional Services-Engineering The District's engineer provides general engineering services to the District, i.e., attendance and preparation for monthly board meetings when requested,review of invoices,annual engineer reportforcompliance purpose and other specifically requested assignments. Annual engineer's report as required by the bond indenture. Professional Services-Legal Services (District) Costs to provide general legal services to the District, i.e., attendance and preparation for monthly Board meetings,review of contracts,review of agreements and resolutions,and other research as directed or requested by the Board of Supervisors and the District Manager. Professional Services-Legal Litigation (Outside Services) Costs to provide special litigation legal services to the District,i.e.,attendance and preparation for monthly Board meetings, review of contracts, review of agreements and resolutions,and other research as directed or requested by the Board of Supervisors and the District Manager. EXPENDITURES Annual Operating and Debt Service Budget Fiscal Year 2026 QUARRY 1 6 1 1 A 4 Community Development District General Fund Budget Narrative Fiscal Year 2026 Administrative (continued) Professional Services-Management Consulting Services The District receives management,accounting,and administrative services as part of a management agreement with Inframark Infrastructure Management Services. Also includes cost of Information Technology (GASB 54 Compliant Software System), transcription services, records management,and long-term offsite records storage. The budgeted amount for the fiscal year is based on the contracted fees outlined in Exhibit"A"of the management agreement. Professional Services-Property Appraiser Collier County Non-Ad Valorem Tax roll. 1.5%of current fiscal year total assessments less prior year excess fees and/or adjustments. Professional Services-Trustee The District issued this Series 2020 Special Assessment Bond that is deposited with a Trustee to handle all trustee matters. The annual trustee fee is based on standard fees charged plus any out-of-pocket expenses. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Website Compliance The District contracted with a company to operate the website ADA compliance to meet Florida statutes. Postage and Freight Actual postage and/orfreight used for District mailings including agenda packages,vendor checks and other correspondence. Insurance-General Liability The District's General Liability&Public Officials Liability Insurance policy is with Florida Insurance Alliance.They specialize in providing insurance coverage to governmental agencies. Printing and Binding Copies used in the preparation of agenda packages,required mailings,and other special projects. Legal Advertising The District is required to advertise various notices for monthly Board meetings and other public hearings in a newspaper of general circulation. Miscellaneous Services The District may incur other unanticipated services. Misc-Bank Charges The District may incur unanticipated bank fees. EXPENDITURES Administrative (continued) Misc-Special Projects The District special projects during the year. Annual Operating and Debt Service Budget Fiscal Year 2026 1611A4 QUARRY Community Development District General Fund Budget Narrative Fiscal Year 2026 Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel,forms, supplies, data processing,computer equipment,postage,and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater.The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Misc-Contingency The District may incur unbudgeted expenditures. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity. Field Professional Services-Field Management The District contract for field management services. Contracts-Preserve Maintenance Quarterly preserve contract with Collier Environmental Services,A/K/A Peninsula Improvement Corporation. Contracts-Lake Maintenance Services costs for lake and littoral maintenance with Collier Environmental Services,A/K/A Peninsula Improvement Corporation. R&M-Weed Harvesting Lake weed work for the District. R&M-General General expenditures that may incur for the District. R&M-Lake Other lake expenditures that may incur for the District. Miscellaneous Maintenance District other maintenance. EXPENDITURES Capital Projects The District purchase of capital expenditures. Includes construction of a weed harvesting boat ramp. Reserves Reserve -Other Planned expenditures the District allocated for future projects Annual Operating and Debt Service Budget Fiscal Year 2026 QUARRY 161 1 A Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2026 $ 1,649,945 Net Change in Fund Balance-Fiscal Year 2026 0 Reserves-Fiscal Year 2026 Additions 50,000 Total Funds Available(Estimated)-9/30/2026 1,699,945 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 177,008 (1) Reserves-Other(Previous Years) 250,000 Reserves-Other FY 2026 50,000 Subtotal 300,000 Total Allocation of Available Funds 477,008 Total Unassigned(undesignated)Cash $ 1,222,937 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget 1611A Quarry Community Development District Supporting Budget Schedule Fiscal Year 2026 I 6 I lA4 QUARRY Community Development District 204-Series 2020 Debt Service Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 FY 2026 REVENUES Interest-Investments - 9,043 $ 9,043 $ 18,086 $ - Special Assmnts-Tax Collector 1,472,226 1,362,944 $ 109,282 1,472,226 1,472,226 Special Assmnts-Discounts (58,889) (50,730) $ (109,619) (160,349) (58,889) TOTAL REVENUES 1,413,337 1,321,257 8,706 1,329,963 1,413,337 EXPENDITURES Administrative Misc-Assessmnt Collection Cost 29,445 26,244 3,201 29,445 29,445 Total Administrative 29,445 26,244 3,201 29,445 29,445 Debt Service Principal Debt Retirement 1,128,000 - 1,128,000 1,128,000 1,151,000 Interest Expense 242,772 121,386 121,386 242,772 220,888 Total Debt Service 1,370,772 121,386 1,249,386 1,370,772 1,371,888 TOTAL EXPENDITURES 1,400,217 147,630 1,252,587 1,400,217 1,401,333 Excess(deficiency)of revenues Over(under)expenditures 13,120 1,173,627 (1,243,881) (70,254) 12,004 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance 13,120 - - - TOTAL OTHER SOURCES(USES) 13,120 - - - - Net change in fund balance 13,120 1,173,627 (1,243,881) (70,254) 12,004 FUND BALANCE,BEGINNING 649,934 649,934 1,823,561 649,934 579,680 FUND BALANCE,ENDING $ 663,054 $ 1,823,561 $ 579,680 $ 579,680 $ 591,684 Annual Operating and Debt Service Budget 1611A. 4 Quarry Community Development District Special Assessment Refunding Bonds,Series 2020 Period Extraordinary Annual Debt Ending Par Outstanding Principal Redemption Coupon Interest Debt Service Service 11/1/2025 11,386,000 110,444 110,444.20 5/1/2026 11,386,000 1,151,000 1.940% 110,444 1,261,444.20 1,371,888.40 11/1/2026 10,235,000 99,280 99,279.50 5/1/2027 10,235,000 1,173,000 1.940% 99,280 1,272,279.50 1,371,559.00 11/1/2027 9,062,000 87,901 87,901.40 5/1/2028 9,062,000 1,196,000 1.940% 87,901 1,283,901.40 1,371,802.80 11/1/2028 7,866,000 76,300 76,300.20 5/1/2029 7,866,000 1,220,000 1.940% 76,300 1,296,300.20 1,372,600.40 11/1/2029 6,646,000 64,466 64,466.20 5/1/2030 6,646,000 952,000 1.940% 64,466 1,016,466.20 1,080,932.40 11/1/2030 5,694,000 55,232 55,231.80 5/1/2031 5,694,000 970,000 1.940% 55,232 1,025,231.80 1,080,463.60 11/1/2031 4,724,000 45,823 45,822.80 5/1/2032 4,724,000 990,000 1.940% 45,823 1,035,822.80 1,081,645.60 11/1/2032 3,734,000 36,220 36,219.80 5/1/2033 3,734,000 1,009,000 1.940% 36,220 1,045,219.80 1,081,439.60 11/1/2033 2,725,000 26,433 26,432.50 5/1/2034 2,725,000 891,000 1.940% 26,433 917,432.50 943,865.00 11/1/2034 1,834,000 17,790 17,789.80 5/1/2035 1,834,000 908,000 1.940% 17,790 925,789.80 943,579.60 11/1/2035 926,000 8,982 8,982.20 5/1/2036 926,000 926,000 1.940% 8,982 934,982.20 943,964.40 $ 11,386,000 $1,257,741 $ 12,643,741 $ 12,643,741 Annual Operating and Debt Service Budget QUARRY 1.61 1 A 4 Community Development District Debt Service Fund Budget Narrative Fiscal Year 2026 REVENUES Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all the assessable property within the District to pay for the debt service expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162,Florida Statues, discounts are allowed for early paymentof assessments. The budgeted amount for the fiscal year is calculated at4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Miscellaneous-Assessment Collection Cost The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies, data processing,computer equipment,postage,and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted,whichever is greater. The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Principal Debt Retirement The District pays an annual principal amount on 5/1 of each fiscal year. Interest Expense The District pays semi-annual interest amounts on 5/1 and 11/1 of each fiscal year. Annual Operating and Debt Service Budget Fiscal Year 2026 1611A4 Quarry Community Development District Debt Service Budget Fiscal Year 2026 16I 1 a 4 0 a 4 .0 W m,,,),_q)0 NN0 Q m M Q^ .O,_NNN 7 N ,,_M W N,_Wm 0 W,_,y O 7 N m d m e e e e e e e e e e e e e m e e e ee eeee e° eee e ee°eeee e e e 00 0 o 0 00 0000 0000 00 U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p o Q .6.0.0.. .... .0 d M M M .m N N N N N N N 00 O O O O O m mmmOf m.O� ih W W .O�Ohm O� wNNNN W to mm.m..m. OOO OO 66666666 6666 66 O.L d TwI TITT TIT TITI T TITTITT TTIT I Vie wi T wwww ww N U C w QQ ttpp Nm W NaDOM OmN r N Or E ON(ar OOrO MNtO,MN V Mm .262 Mm d 0 'Oi r N 1 LW eMi,ct ap n aO§5 M N m M O O L, QO W 0,1 aO aO N N th N r n.W W A S Q W m r m O�N M 0 �M Q W W W W Q C W W O O N N N N (V N N M N N N N IV N M M M M N M M g M M M aa N Q a N fh m m Q LL w w w w w w w w w w www w w wwwww w w wwww w lA w w w w w w d O f b OW NA W^M W W g m WAM m m A W h NrM w N m W OQ c mQ m m m 0l Wi M O O OOnuiQMo WQO �mW0 WM, OOO NQWAmoNM ` QNWo N mM muW> 2 O0 W m QWW�mWw WWWNWWO Q9NWm WW Nw N N N N M M N M M M M RR Nw Q W M m. LL Nw Nw Nw Nw�Nw w 222 w W w w w w w Mw m w w Mw w w Mw w w w w w Ww w w w d m o o e o 0 0 0 0 A eeeeeee eee °eeee eeeeeee eeeeeee eeee e� L O O O O O.O O O O O 0 0 0.0 00.....0.0 e 0 0.o.0.0.. ...log O O U 6666666 666 66666 6666666 66666666 O O O 66 U_e e 0000000 .m m ,r r r r Q QQ Q QQ Q Q Q Q Q Q Q Q r r r r ,r N b N NNN N N N ... N3. .y y y p Np a N M C')M' M Q Q. .. . ? W W W W W W m g N m W Q Q[� 8 m W 1 M m CO'l g M M M V a V Q V O Q? g!OD t00 g fW0 TWO a r m..m.m m M M pLL wwwwwww wNw aNn wwwww 2222222 �i231w1�iw Ww Ww Ww Ww as N N p o 4 p 0 .m m r A n r r Q A A AAA cA <v v a v v e 4 m m r N N N N N N N W aCQD e0 RNQ N y Ny O N y N th g mNmTOWf NT gax (paaaa gM CO)MMMM OO?a yR V?R pV t00[00tss fm0 m LL w wwwww w w w w w wiii 2222222 H w w w w w H N H N ON Ne e e e e e e 0 . IX A L o 0 0 0 0..0 ...... 0 0 0 0 0 0 0 0 0 0 M o 0 0 0 G 0 C U .000000 000 00000 0000000 00000000 0000 o O ,2 N• UI U e E l0 p ? O y 0 _ .mmmmm to mmo W OONNN wwwwwwwww www NN % N N .. O n E C0 M.Wmmmmm m O -MMM WWmmm ....m. QQQQ . Ooon U yA Q.e m v v a `' 22222 gEEgg NE O O o o o ' '''i 5 o N t . d N wwyywyw wNOONNNN wMMM Nm www wwwww wwwwwww wwwwwwwwwwNiN c ) d! ✓ m E LL c N L e0000000 e e 00.0 00000 e0000000 e e e e e e0 e0 e0 e0 e0 e0 e0 0 e0000 e G .0 6666666 666 66666 6666666 66666666 6666 i O e d Z 0. m mmmm m d Q m mN1O Q emm m.rpw minor m W W m W W p p a N W w W ao mao N N W M O W N� O m O m O m O N .O O O M Q . Q lO nm Q m 0 0 � ����� w IAMOOm W QNaC LANC'1OQ mOeDcp W W Fggm W aprMQ nM�N OO () Oy QQQQQ L N W W W O N O O m N N W W N O .m W W O m W W m W w w N W W W W W W d N N Q W n m W M W W N Q W W M.r W O m, v r n 2 W.,-mw w ) ...... w w w w w w wwww w w wwwww w w d 0,0 Q m. m N b 'Q W m W N.m.r 0 W .m Q .W W A W W 00 d W O W N m m O W b O... .M...'. O N m0 O O Q OO) QN ..4. 01 C O O .4 Ge0 V.tpM Q N N W N M O O m W c N W W W M O Q Q O W W W m M O m W l�2 Q n M w O O • NW W W O W O m O m W W m N m N O m m W W O r Oo m W W m W w w a Z N N 0�V W N Q W _m- M`W N N^W tow M W A W N w .r m W m mw c.ic m d LL LL w w w w LL w w w w b9 w www wwww wwwwww ....... ; J .. Q U R Q m O 0 N N 0 d m e e e e e e e ° e e e e e e e v G th C){7 M th M M N N N N NNN N N N N NNN N °e e e e e e e O O O O C C 0 N W W O?W Q d ci 99g9944 444 44444 R444444 44444444 0000 , LL� n N y r W g O e W W W W O O O N N W w N W m m W W m N N N N N N N N m.m m y W W m N m G 0000000 WD W W W W m Q Q Q .m.. W W W W W W M M M M M M M Q O Q Q .. O J y m m W M Q C N Mc6civi,ici6 666 �nrrn 6666666 66666666 V V QQ' NM a l�W 00 G O W W W W W W W ass W W W W W r r r A r r r Q Q Q Q Q Q Q Q W W W- M Ow s Z N tr0 m,m O N N r A r r m m W r.....r r r r m m W W m W W 0 0 0 0 0 0 0 0 N N N N Q www w U. ....... ... ....... ) •LL ........ .... m p LL w w d a w G M M M M M M M 'r r,,'r m.m. p d m a0 O a a N d .rn rn.rn m m m m w 000.0 — g Q Q Q q Q Q Q, a c e? g p H • U� b N V Q 66666 6666666 oci.Oim m m m QOO Q b Q W wm Q m C m m W m W m W W. ....co r r r n n r r M M M M M M m m m m H o )N W w W n W n r r n r r r W W m r n r r n W W m W W W W 0 0 0 0 0 0 0 0 N N N N 2 N r W r W O N N w wwwww w w w w w www w w wwwww w N W w w w w k m ........ .... m E LL w w U LL y Z 0. w m y Cl) co = Q N O 0 L cg N 1m d E as o 3 U U U 0 17, O a t T d N n . p =r d u2w c O J i LL LL CO LCl O. U 4 . w w Um U JmO w. y Cg T 0 4• E • E O 0 1611114 RESOLUTION 2025-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF QUARRY COMMUNITY DEVELOPMENT DISTRICT APPROVING PROPOSED BUDGETS FOR FISCAL YEAR 2025/2026 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors ("Board") of Quarry Community Development District ("District") prior to June 15, 2025, proposed budgets ("Proposed Budget") for the Fiscal Year beginning October 1, 2025 and ending September 30, 2026 ("Fiscal Year 2025/2026"); and WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF QUARRY COMMUNITY DEVELOPMENT DISTRICT: 1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2025/2026 attached hereto as Exhibit A is hereby approved as the basis for conducting a Public Hearing to adopt said Proposed Budget. 2. SETTING A PUBLIC HEARING. A Public Hearing on said approved Proposed Budget is hereby declared and set for the following date, hour and location: DATE: Monday,August 11, 2025 HOUR: 1:00 p.m. LOCATION: Quarry Beach Club 8975 Kayak Drive Naples, Florida 34120 3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Collier County at least 60 days prior to the Hearing set above. 4. POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved Proposed Budget on the District's website at least two days before the Budget Hearing date as set forth in Section 2, and shall remain on the website for at least 45 days. 1 1611A4 5. PUBLICATION OF NOTICE. Notice of this Public Hearing shall be published in the manner prescribed in Florida law. 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,or any part thereof. 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 12th DAY OF MAY,2025. ATTEST: QUARRY COMMUNITY DEVELOPMENT DISTRICT / ecretary/Assistant Secretary ChairpersonNice Chairperson Exhibit A: Proposed Budget 2 1611A4 QUARRY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2026 Approved Tentative Budget (May 12, 2025 Meeting) Prepared by: 66INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES QUARRY 6 i 1 It 4 Community Development District H Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balances ................................... 1-2 BudgetNarrative ......................................................................................................... 3-6 Exhibit A-Allocation of Fund Balances ............................................................................ 7 DEBT SERVICE BUDGET Series 2020 Summary of Revenues, Expenditures and Changes in Fund Balances ................................... 8 AmortizationSchedule .................................................................................................. 9 BudgetNarrative ............................................................................................................... 10 SUPPORTING BUDGET SCHEDULE Comparison of Assessment Rates 11 16I1A4 Quarry Community Development District Operating Budget Fiscal Year 2026 QUARRY Chu A Community Development District Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED %+/(-) BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 Budget FY 2026 REVENUES Interest-Investments $ 4,000 $ 38,294 $ - $ 38,294 857% $ 8,900 Golf Course Revenue 114,945 57,473 57,472 114,945 0% 114,945 Interest-Tax Collector - 1,770 - 1,770 0% - Special Assmnts-Tax Collector 814,044 753,620 60,424 814,044 0% 813,217 Special Assmnts-Discounts (32,562) (28,051) (604) (28,655) -12% (32,529) Other Miscellaneous Revenues - 1,000 - 1,000 0% - TOTAL REVENUES 900,427 824,106 117,292 941,398 904,533 EXPENDITURES Administrative P/R-Board of Supervisors 12,000 3,600 8,000 11,600 -3% 12,000 FICA Taxes 918 275 612 887 -3% 918 ProfServ-Arbitrage Rebate 600 - 600 600 0% 600 ProfServ-Engineering 45,000 4,261 40,739 45,000 0% 45,000 ProfServ-Legal Services(District) 21,000 1,454 19,546 21,000 0% 21,000 ProfServ-Legal Litigation(Outside Svcs) 25,000 1,063 23,937 25,000 0% 25,000 ProfServ-Mgmt Consulting Sery 64,154 21,385 42,769 64,154 0% 66,079 ProfServ-Property Appraiser 34,294 7,526 26,768 34,294 0% 34,294 ProfServ-Trustee Fees 4,041 - 4,041 4,041 0% 4,041 Auditing Services 5,500 - 5,500 5,500 0% 5,500 Website Compliance 1,553 388 1,165 1,553 0% 1,553 Postage and Freight 600 202 398 600 0% 600 Insurance-General Liability 7,644 7,227 417 7,644 0% 7,644 Printing and Binding 500 - 500 500 0% 500 Legal Advertising 4,000 - 4,000 4,000 0% 4,000 Miscellaneous Services 1,999 97 1,902 1,999 0% 2,000 Misc-Bank Charges 500 - 500 500 0% 500 Misc-Special Projects 18,279 - 18,279 18,279 0% 18,279 Misc-Assessmnt Collection Cost 16,281 14,511 1,208 15,719 -3% 16,281 Misc-Contingency 1,000 248 752 1,000 0% 980 Office Supplies 250 - 250 250 0% 250 Annual District Filing Fee 175 175 - 175 0% 175 Total Administrative 265,287 62,451 201,883 264,334 267,193 Field ProfServ-Field Management 5,464 1,821 3,643 5,464 0% 5,628 Contracts-Preserve Maintenance 103,830 51,915 51,915 103,830 0% 103,830 Contracts-Lake Maintenance 65,004 21,668 43,336 65,004 0% 66,960 R&M-General 70,000 4,175 65,825 70,000 0% 70,000 R&M-Lake 184,672 - 184,672 184,672 0% 184,672 R&M-Fence 2,500 - 2,500 2,500 0% 2,500 R&M-Weed Harvesting 75,000 20,015 54,985 75,000 0% 77,250 Miscellaneous Maintenance 3,670 - 3,670 3,670 0% 1,500 Annual Operating and Debt Service Budget QUARRY 1 1 1 A 4 Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED %+/(-) BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 Budget FY 2026 Capital Projects 75,000 16,910 58,090 75,000 0% 75,000 Total Field 585,140 116,504 468,636 585,140 587,340 Reserves Reserve-Other 50,000 - 50,000 50,000 0% 50,000 Total Reserves 50,000 - 50,000 50,000 50,000 TOTAL EXPENDITURES&RESERVES 900,427 178,955 720,519 899,474 904,533 Excess(deficiency)of revenues Over(under)expenditures (0) 645,151 (603,227) 41,924 0 TOTAL OTHER SOURCES(USES) (0) - - - 0 Net change in fund balance (0) 645,151 (603,227) 41,924 0 FUND BALANCE,BEGINNING 1,608,021 1,608,021 - 1,608,021 1,649,945 FUND BALANCE,ENDING $ 1,608,021 $ 2,253,172 $ (603,227) $ 1,649,945 $ 1,649,945 Annual Operating and Debt Service Budget QUARRY 1 U f 1 A 4 Community Development District General Fund Budget Narrative Fiscal Year 2026 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their money market account. Golf Course Revenue The District receives yearly revenue from golf course. Special Assessments-Tax Collector The Districtwill levy a Non-Ad Valorem assessmenton all the assessable property within the District to payforthe operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162,Florida Statutes, discounts are allowed for early payment of assessments. The budgeted amountfor the fiscal year is calculated at4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative P/R-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. FICA Taxes Payroll taxes on Board of Supervisors com pensation.The budgeted amountforthe fiscal year is calculated at 7.65%of the total Board of Supervisor's payroll expenditures. Professional Services-Arbitrage Rebate Calculation The District utilizes a company who specializes in calculating the District's Arbitrage Rebate Liability on the Series of Benefit Special Assessment Bonds. The budgeted amountforthe fiscal year is based on standard fees charged for this service. Professional Services-Engineering The District's engineer provides general engineering services to the District, i.e., attendance and preparation for monthly board meetings when requested,review of invoices,annual engineer reportforcompliance purpose and other specifically requested assignments. Annual engineer's report as required by the bond indenture. Professional Services-Legal Services (District) Costs to provide general legal services to the District, i.e., attendance and preparation for monthly Board meetings,review of contracts,review of agreements and resolutions,and other research as directed or requested by the Board of Supervisors and the District Manager. Professional Services-Legal Litigation (Outside Services) Costs to provide special litigation legal services to the District,i.e.,attendance and preparation for monthly Board meetings, review of contracts, review of agreements and resolutions,and other research as directed or requested by the Board of Supervisors and the District Manager. EXPENDITURES Annual Operating and Debt Service Budget Fiscal Year 2026 QUARRY 16 I 1 A 4 Community Development District General Fund Budget Narrative Fiscal Year 2026 Administrative (continued) Professional Services-Management Consulting Services The District receives management,accounting,and administrative services as part of a management agreement with Inframark Infrastructure Management Services. Also includes cost of Information Technology (GASB 54 Compliant Software System), transcription services, records management,and long-term offsite records storage. The budgeted amount for the fiscal year is based on the contracted fees outlined in Exhibit"A"of the management agreement. Professional Services-Property Appraiser Collier County Non-Ad Valorem Tax roll. 1.5%of current fiscal year total assessments less prior year excess fees and/or adjustments. Professional Services-Trustee The District issued this Series 2020 Special Assessm ent Bond that is deposited with a Trustee to handle all trustee matters. The annual trustee fee is based on standard fees charged plus any out-of-pocket expenses. Auditing Services The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter. Website Compliance The District contracted with a company to operate the website ADA compliance to meet Florida statutes. Postage and Freight Actual postage and/orfreight used for District mailings including agenda packages,vendor checks and other correspondence. Insurance-General Liability The District's General Liability&Public Officials Liability Insurance policy is with Florida Insurance Alliance.They specialize in providing insurance coverage to governmental agencies. Printing and Binding Copies used in the preparation of agenda packages,required mailings,and other special projects. Legal Advertising The District is required to advertise various notices for monthly Board meetings and other public hearings in a newspaper of general circulation. Miscellaneous Services The District may incur other unanticipated services. Misc-Bank Charges The District may incur unanticipated bank fees. EXPENDITURES Administrative (continued) Misc-Special Projects The District special projects during the year. Annual Operating and Debt Service Budget Fiscal Year 2026 QUARRY 1 6 I 1 A 4 Community Development District General Fund Budget Narrative Fiscal Year 2026 Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel,forms, supplies, data processing,computer equipment,postage,and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater.The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Misc-Contingency The District may incur unbudgeted expenditures. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity. Field Professional Services-Field Management The District contract for field management services. Contracts-Preserve Maintenance Quarterly preserve contract with Collier Environmental Services,A/K/A Peninsula Improvement Corporation. Contracts-Lake Maintenance Services costs for lake and littoral maintenance with Collier Environmental Services,A/K/A Peninsula Improvement Corporation. R&M Weed Harvesting Lake weed work for the District. R&M-General General expenditures that may incur for the District. R&M-Lake Other lake expenditures that may incur for the District. Miscellaneous Maintenance District other maintenance. EXPENDITURES Capital Projects The District purchase of capital expenditures. Includes construction of a weed harvesting boat ramp. Reserves Reserve -Other Planned expenditures the District allocated for future projects Annual Operating and Debt Service Budget Fiscal Year 2026 QUARRY Community Development District 1 b 1 1 A 4 Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2026 $ 1,649,945 Net Change in Fund Balance-Fiscal Year 2026 0 Reserves-Fiscal Year 2026 Additions 50,000 Total Funds Available(Estimated)-9/30/2026 1,699,945 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 177,008 (1) Reserves-Other(Previous Years) 250,000 Reserves-Other FY 2026 50,000 Subtotal 300,000 Total Allocation of Available Funds 477,008 Total Unassigned(undesignated)Cash $ 1,222,937 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget 1 .611A Quarry Community Development District Supporting Budget Schedule Fiscal Year 2026 QUARRY I � Community Development District 204-Series 2020 Debt Servi unl A 4 Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2026 Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL BUDGET THRU February- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2025 1/31/25 9/30/2025 FY 2025 FY 2026 REVENUES Interest-Investments - 9,043 $ 9,043 $ 18,086 $ - Special Assmnts-Tax Collector 1,472,226 1,362,944 $ 109,282 1,472,226 1,472,226 Special Assmnts-Discounts (58,889) (50,730) $ (109,619) (160,349) (58,889) TOTAL REVENUES 1,413,337 1,321,257 8,706 1,329,963 1,413,337 EXPENDITURES Administrative Misc-Assessmnt Collection Cost 29,445 26,244 3,201 29,445 29,445 Total Administrative 29,445 26,244 3,201 29,445 29,445 Debt Service Principal Debt Retirement 1,128,000 - 1,128,000 1,128,000 1,151,000 Interest Expense 242,772 121,386 121,386 242,772 220,888 Total Debt Service 1,370,772 121,386 1,249,386 1,370,772 1,371,888 I TOTAL EXPENDITURES 1,400,217 147,630 1,252,587 1,400,217 1,401,333 Excess(deficiency)of revenues Over(under)expenditures 13,120 1,173,627 (1,243,881) (70,254) 12,004 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance 13,120 - - - TOTAL OTHER SOURCES(USES) 13,120 - _ _ - Net change in fund balance 13,120 1,173,627 (1,243,881) (70,254) 12,004 FUND BALANCE,BEGINNING 649,934 649,934 1,823,561 649,934 579,680 FUND BALANCE,ENDING $ 663,054 $ 1,823,561 $ 579,680 $ 579,680 $ 591,684 Annual Operating and Debt Service Budget 16I144 Quarry Community Development District Special Assessment Refunding Bonds,Series 2020 Period Extraordinary Annual Debt Ending Par Outstanding Principal Redemption Coupon Interest Debt Service Service 11/1/2025 11,386,000 110,444 110,444.20 5/1/2026 11,386,000 1,151,000 1.940% 110,444 1,261,444.20 1,371,888.40 11/1/2026 10,235,000 99,280 99,279.50 5/1/2027 10,235,000 1,173,000 1.940% 99,280 1,272,279.50 1,371,559.00 11/1/2027 9,062,000 87,901 87,901.40 5/1/2028 9,062,000 1,196,000 1.940% 87,901 1,283,901.40 1,371,802.80 11/1/2028 7,866,000 76,300 76,300.20 5/1/2029 7,866,000 1,220,000 1.940% 76,300 1,296,300.20 1,372,600.40 11/1/2029 6,646,000 64,466 64,466.20 5/1/2030 6,646,000 952,000 1.940% 64,466 1,016,466.20 1,080,932.40 11/1/2030 5,694,000 55,232 55,231.80 5/1/2031 5,694,000 970,000 1.940% 55,232 1,025,231.80 1,080,463.60 11/1/2031 4,724,000 45,823 45,822.80 5/1/2032 4,724,000 990,000 1.940% 45,823 1,035,822.80 1,081,645.60 11/1/2032 3,734,000 36,220 36,219.80 5/1/2033 3,734,000 1,009,000 1.940% 36,220 1,045,219.80 1,081,439.60 11/1/2033 2,725,000 26,433 26,432.50 5/1/2034 2,725,000 891,000 1.940% 26,433 917,432.50 943,865.00 11/1/2034 1,834,000 17,790 17,789.80 5/1/2035 1,834,000 908,000 1.940% 17,790 925,789.80 943,579.60 11/1/2035 926,000 8,982 8,982.20 5/1/2036 926,000 926,000 1.940% 8,982 934,982.20 943,964.40 $ 11,386,000 $1,257,741 $ 12,643,741 $ 12,643,741 Annual Operating and Debt Service Budget QUARRY 1 6 ` i Community Development District Debt Service Fund Budget Narrative Fiscal Year 2026 REVENUES Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all the assessable property within the District to pay for the debt service expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162,Florida Statues, discounts are allowed for early payment of assessments. The budgeted amountfor the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Miscellaneous-Assessment Collection Cost The District reimburses the Collier County Tax Collector for her or his necessary administrative costs. Per the Florida Statutes, administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies, data processing,computer equipment,postage,and programming. The District also corn pensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted,whichever is greater. The budget for collection costs was based on a maximum of 2%of the anticipated assessment collections. Principal Debt Retirement The District pays an annual principal amount on 5/1 of each fiscal year. Interest Expense The District pays semi-annual interest amounts on 5/1 and 11/1 of each fiscal year. Annual Operating and Debt Service Budget Fiscal Year 2026 1611A4 Quarry Community Development District Debt Service Budget Fiscal Year 2026 tillIA a c Q m N c4 M lr*f-M m N N m O M Q r m,T-N N N; N -tml m N-W "m IO M m d m C e e e e e e a e e e e e e e e e e m e e e e a e e e e a e , ee e e e e e e e e o e L o 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 o 0 0 0 0 0 0 0 0 0 0 0`o, o 0 0 0 0 U O o 0 0 0 0 0 0 6666 66 20 M M m m m N N N N N N N N N N N N O O O O O O D . mO.mm Tm 01 mmm m mmmm mmm YJOmm mmm mmmmm OOOO DO L 40 .. yy pO ({pO mn • NRAR2Oni2 �2N r N On tmm ONMOOnO NNlrm th N V" " m0l m N O mrj Nm NON OmI m6nMa -ow- 406 N N M m n l�m N id N N N W Q eo m W m W O ' m O m 2 N M N m Qm n nmo NMO oh QY)Nma aOm W 00 QLL NMNM.4N9..V3 HNMMW .NM.NWf9 NW...MM.. yMM.... q. .NMWMMH de 41 • N m O m M m W r m 0^ O^m m n O m N W 0 O N m W m n N M O pp m m o p O m V)N 0 M O m m m Q m N W Q m Q Q n m O m m m N O W n N p.+iO Q m).00 0).7N Omio Nm� aD t0N M4mi a .0.p m m 0 O m W N W Q m m m m m O W m 2 O m O M N W W N 0 .O N m n 0 MQ m n OiOM N O CO M Q N�dm.I W Q m m O O N N N N N N N M N N N N N....... M M.N l•i riy N pp m M m LL ....... N... ..... NW Hl9 W(A M9 ........M M f9 lA�f9 mM.9 0 m A Dee eeee qoe eeee e eeeeee e eeeeeeee oe ee L o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O O O O O O 0 0 0 0 0 0 0 0 .0 660.666 0 0 0 66.66 6666.66 66.6.66. 666. 0 o d e E d 0000000 m m m n n n n n Q Q Q A m Q a P P 4.4 4.4.1 40 40 00� W N N NNNNN N Wy y m W y RN y Ny y N R N t h M t h I h t 7 f h m W 82 W 88 Af A mmmmm R22%09MM Q<O Q O Q%O 22t2p 6 22 N m mmmmm m N N N N N N M M M M M M QpQyQ QyR MOM p ....... O _ LL wNww W.... .... ...9 Vi....A. .. c M Mwww mo .. 0 0 0 0 0 0 0 o m m m r n n n n Q Q m m m m m 7,44344Z4 m .ro,m . n N o N N N N N N N Qm Q m W QN y Ny y N Q N y N M M m W W m W W W A t7 A m mmm m M M,9 M M M M O Q OQ O a R 8'8 8 8 8 N m mmmmm m ::; ::;; ;;;:;; ;::;;;; ::;; LL M.HF9WfA.969 d9Cm• m eeeeeea eeS 0000000 0oU 0000000 0 0 d e `m E a O u Z m W m W m m W m W m mmm m m mmmmm m W m m W m m W m n n r n ^ y N N m.m 2222 22 mmm mtmm roan mrnmmrnmm QQQ QQQQ Q O00 o n d IL m N v v vi c e Q Q --- vivimN vi mm.ommmm mim oomimimi m6eim Oc Vl y mg m4 m4 m�m�m�m� .-'-.- N N N N m O N N O N N 0 0 0 0 0 0 0 0 N N ,� a O LL Hf9 f9 69 9.9f9. .9Ni.9Ni.9.9.9 N.940 W 6969 MN96N9 NM MM MW MW 6 m m C N N 0 OCOGono, E Q Q Q Q NmmWmW DWW mmmmm mmmmmm0 WQmWmWWm nnnn MMO el NN N0mMMM cm"0 mmmmm mmmMmm Q Q Q oo0o nnA N mmmmrnmm ' 'NiNmN N mm mmNm OmOOoOOOvninoo0 N W9V9V9V N mm 2>- 9Y9 9V ... VVVAV99 K9WW9pyy W4WA NNE10 o O 4.) .w UM m li m $ .moo e g g e g ge g e g gggee e e gg e g g g g eoeee ge geee c c L O O O O O O O O O O 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O dv 0000006 Ooo 00000 0000006 00000000 0000 m_e Z Q 00000.W'" roco,7n2V omo mMmmaD onryMmonOW 2 241m242 m iQI�mm 00 mmew...dNmNlhOONm aO to .AN.7GQ Q Ommi.Cm t7GmaDaDnMQ ^MN OU .MM NQMM Q NmmmOmO MOM NmmMN NNO•-m W mOnm0nm mVm 69 mmmmNNQm Wm m NQ m mnWm0 QnnWWm �- MNd . H . = }LLO N m N N mNOmNN- ow o wmo W N ON 4In OnOo ON QO o,.dN mQ`rm Oo 2 M2 pmmj2.y R N NMOOmm Q Nm .Nxi MOQ Q.-6o6w im Omw m MQ Tim Lri on O NM m mO Q N mmm O M O m N m N m m N m N O 1-m 0 W l m O n m 0. m} NNQm nm� W N NQ mmm mn m W 0m. QnrmMmA-m ,-.-IO�IN C 2 m N.rm nQ LL viwwww.9 6'»d9 49w09 w»0w»N» 69.969w.9u94� NMMMMM.9 A LLYn»w�mM�� -Q1 LL .. 0 U K (4hM4 Mt 4 4 9 Um ma v N" om Z WQC N -aeaoe-m Mi7 ,m NN NNNNN NNNNN __ _ d� G WOM�mQWoy0 4444 444 4444 4444 9999944 0000 u LL9m N n W WpO mmmmmmW OO O 8 2 8 8 0 iWWmWmm NNNMNNNN Q mQm OO J OO O O m N m O mQOmMQm mm ,,,,6mmr nnn46n 66666666mmmmo 0 QoM � vm^nm nn mWm rnnn� 000mW 00000000 NNNN A�LL} 9999999 909 09MM9 6990NN9 Q Nn 9 W WO Tu.. N96940969V9 96949 m 0 LL Mt9 2 O MIMMMMMMM •-.- MMMMM nnr mmmm m ~ ` v o0NmmmW 0000o n - Q, QQvQ Q,Qav, = mm• •NmmmNW m0222 rui mmmMm%22 QmQ 66 .. NmNmARfnMWm f9fnWMMW OOOOOOONNN '•9 zNrWnm WwM.LL 15 m m0.in2zo e7aV=S oU ; ui n m a W D ce g O To D E 0 8 Copeland Southern Disposal Inc. BILL TO THE ATTENTION OF: Justin Faircloth, District ManaIe6 114 4 p p Quarry CDD, C/O Inframark 133 Corry Ave S. Lehigh Acres, FL 33974 Address: 11555 Heron Bay Blvd. Ste 201, Coral Spring FL 33076 Phone: 239-333-5842 Phone: (239)245-7118/EXT.306 Email copelandsdi(a�gmail.com Fax#: (230)245-7120 Email: Justin.Fairclothainframark.com PROJECT MANAGER PROJECT LOCATION POINT OF CONTACT DATE Steven Copeland NW Corner of(The Quarry) Property Justin Faircloth 04-21-2025 Dear Justin, In Pursuant to your request, Copeland Southern Disposal Inc, is pleased to submit the following proposal for the Installation of a New 6' Tall heavy duty wire horse fence and the removal of the existing barbed wire fence and metal posts: Item(s) DESCRIPTION Product TOTAL Option#1 Remove old, barbed wire fence and post's from site. Install (2) Red Brand 6'woven $2,775.00 Old fence removal 8ft wide 6ft tall (H) braces at both ends. Install (14)4inch horse wire/Field fence and new 6'wire fence posts in between the 2 referenced (H) braces. Install (2) 8'x6'(H) braces, fence installation. approximately 150 Linear ft of 6ft tall heavy duty wire fence (14)4"fence posts. Fence permit Pull permit with Collier County permitting for new fence. Permit $750.00 Notes: Work is estimated to take 1 day to complete. The use of hand tools will be required to complete the job. All residents and staff will need to stay clear of the work area for safety.A dig ticket will be called in 1 week prior to work starting. Please allow a minimum of 10 business days for permitting after the contract has been signed and returned. SCOPE OF SERVICES(Limited to the following): 1. Crew will set up MOT around work areas to ensure the safety of the residents and guests during the project. 2. Crew will remove existing barbed wire fence posts, install 2, 8'wide x 6'tall (H) braces and 14, 4-inch posts. 3. Crew will Install approximately 150' of 6' heavy duty woven horse wire fence. 4. Crew will clean up work site and haul away all Trash and Debris to county dump. We at Copeland Southern Disposal Inc hope this meets your approval and satisfies your requirements. If so, please sign the contract proposal below and return a copy to our office by email. Should you have any questions or need any additional information, please do not hesitate to call Steven Copeland at 239-333-5842 FEE TYPE Payment is Due upon Completion ❑ Total Fee Option#1 $2,775.00 Make all checks payable to Copeland Southern Disposal Inc. ❑ Permit Fee $750.00 0 Total Fee Together $3,525.00 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE" section above. I have read, understand and agree to these Standard Business Terms. AUTHORIZED SIGNATURE: DATE: 4-24-25 TYPED NAME&TITLE: Justin Faircloth-District Manager/Secretary approved per resolution 2020-01 after discussion with Mr. Dean Britt by phone on 4/24/25.An addendum is required for this contract to be valid.As discussed with Mr. Copeland the existing signage will remain in place on the exisitng posts or will be transferred to the new fencing being installed. 161 1 A 4 Reference map, Red line shows proposed 6' Red Brand woven horse wire fence. Blue= Fence Posts. IIV Red Brand 6'Wire. Yellow= (H) Braces. r -' ,•.r.4411to I, I .. j +. • . 40 ., A of ',.' .fiii • • • r ��•/•y1��� f '`♦7/ • cir.. ice "... -c- • "'... V t ra ' ' 4' itt*,.: . --',' '-'- * • ' &:;';+ r •, rIs " 11 • t11 . r rt ♦ .. if f ♦ ! t y� , 4rili illery Me<<ssa R. B[ectiazeonsr 1 60A4 Supervisor o El April 16, 2025 Ms Janice Swade Quarry CDD 210 N. University Drive,Suite 702 Coral Springs, FL 33071 Dear Ms Swade In compliance with 190.06 of the Florida Statutes, this letter is to inform you that the official records of the Collier County Supervisor of Election indicate 1069 active registered voters residing in the Quarry CDD as of April 15, 2025 Should you have any question regarding election services for this district please feel free to contract our office. Sincerely, CO—al> David B Carpenter Qualifying Officer (239) 252-8501 Dave.Carpenter@colliervotes.gov 1.K pF FL04 Rev Dr Martin Luther King Jr Building•3750 Enterprise Avenue•Naples FL 34104 y IF Phone:239-252-VOTE•Fax:239-774-9468•www.CollierVotes.gov 0O _ e Gy�'OF c°\' ,� 161144 Quarry CDD Action Items List Updated 5/5/2025 BOARD ACTION ITEMS DATE RESPONSIBLE DUE DATE LAST RECEIVED PARTY CONTACT 1 5/13/2024 Attorney TBD 4/14/2025 Send letter to Quality Enterprises after receiving documentation from CPH regarding blocked structures. 2 Work on the easement request for property access 10/9/2023 Attorney TBD 4/14/2025 3 Develop final closure letter for Glase Golf Phase I&Phase II projects 9/9/2024 Attorney TBD 4/14/2025 4 Reach out to bond counsel and ensure the Phase III Project can be completed with 4/14/2025 Attorney5/12/2025 4/30/2025 FEMA reimbursement funds. 5 Develop Phase IIII contract with Cross Creek Environmental 4/14/2025 Attorney 4/22/2025 4/22/2025 6 Complete the littoral planting project as approved at the 4/14/25 meeting 4/14/2025 CES TBD 5/1/2025 7 Complete sign installation as approved at the 4/14/25 meeting 4/14/2025 CES 5/30/2025 5/1/2025 8 Have the Goals&Objectives document posted to the website as required by 12/1/2025 7/15/2024 District Manager 12/1/2025 4/14/2025 9 Work with outside counsel on possible FEMA extension for further District 10/9/2023 District Manager TBD 4/29/2025 reimbursement 10 Update Board every two weeks on action items. 3/11/2024 District Manager 4/14/2025 5/2/2025 11 Obtain a credit card for Mr.Britt 4/14/2025 District Manager 6/15/2025 5/1/2025 9018 Quarry Drive-Drain observed close to lake bank,but could be on their 12 property 2/21/2025 Engineer 4/10/2025 3/7/2025 13 Reveiw 9385 Copper Canyon Court 1/13/2025 Engineer 2/10/215 1/31/2025 14 1/13/2025 Engineer 2/10/2025 4/14/2025 Review 9160 Flint Court 15 9355 Marble Stone Dr.Pool Swale Concern 4/14/2025 Engineer 5/12/2025 4/14/2025 16 9360 Marble Stone Drive Measure to see if easement agreement needed 2/10/2025 Engineer 5/12/2025 4/14/2025 17 Have the Quality Enterprises,USA Phase II&Phase III Warranty Inspection repairs 2022 Engineer TBD 4/14/2025 completed 18 Have Phase III contract with Cross Creek Environmental executed. 4/14/2025 Engineer 5/1/2025 5/1/2025 19 Ensure yearly audit is submitted by 6/30 10/1/2023 Finance 6/30/2025 4/14/2025 20 11/13/2023 Recording 3/10/2025 3/6/2025 Send out bank rate sheet to the Board on a monthly basis 21 4/14/2025 Recording 5/12/2025 4/30/2025 Update the 3/10/25 minutes as requested 22 Complete Ethics Training Requirement 1/13/2025 Supervisors 12/31/2025 4/14/2025 23 File Form 1 2/4/2025 Supervisors 7/1/2025 4/14/2025 LAKE BANK RESTORATION ACTION ITEMS 1 Follow up with Glase Golf on Pay Apps including NAVD overages on Phase I& 10/9/2023 Engineer TBD 12/2/2024 Phase II projects,and inquire aobut restocking fees for items not used 2 Follow up with Glase Golf on floating pipe issues 2/12/2024 Engineer Dry Season 11/11/2024 3 Secure and reattach Lake 57 section of pipe as reported by Mr.Patrick on 3/30/24 3/30/2024 Glase Golf TBA 11/11/2024 QCA/HOME OWNER REQUESTS 1 Have pool overflow extension removed from 9171 Shale Court 7/15/2024 QCA 1/13/2024 3/7/2025 2 Have homeowner correct drainage install at 8986 Quarry Drive 10/14/2024 QCA 12/1/2024 12/2/2024 3 8723 Coastline Court-Illicit discharge reported 2/21/2025 QCA 4/5/2025 4/30/2025 4 8986 Quarry Drive pool overflow and drain spout too close to bank 2/21/2025 QCA 4/5/2025 4/30/2025 5 9002 Quarry Drive Pool overflow causing erosion on lake bank 2/21/2025 QCA 4/5/2025 4/30/2025 6 9024 Graphite Circle.The pool drain extension coulddamage the repaired lake bank 2/21/2025 QCA 4/5/2025 4/30/2025 and should likely be removed 7 Lk 62-Washout appears to be developing due to irrigation from western landscaping 2/21/2025 QCA 4/5/2025 4/30/2025 bed. 8 Lk 41-Washout from irrigation observed on the southern lane bankbehind 9559 2/21/2025 QCA 4/5/2025 4/30/2025 Coquina Circle 9 Lk 30 Boulder-Brazilian pepper trees observed in hedge on parcel 68986800528 2/21/2025 QCA 4/5/2025 4/30/2025 that should be removed and treated 10 Lk 30 Boulder-Possible irrigation leaks causing holes on thelake bank behind the 2/21/2025 QCA 4/5/2025 4/30/2025 hedge along Quarry Drive that should beinvestigated and repaired if found. 11 Lk 30 Boulder-Brazilian pepper observed on the western bank of the lagoon behind 2/21/2025 QCA 4/5/2025 4/30/2025 Spinner Cove Lane on parcel 68986771165 12 Lk 30 Boulder-Brazilian pepper trees observed near bridge onparcel 68986771148 2/21/2025 QCA 4/5/2025 4/30/2025 that should be removed and treated 13 9146 Quartz Lane Pool review 2/4/2025 QCA 3/10/2025 4/30/2025 October 2, 2025 Collier County Clerk Collier County Courthouse 3299 Tamiami Trail East Pfm Suite. 303 Naples, FL 34112 3501 Quadrangle Blvd. Suite 270 Re: Horse Trails Community Development District FY 2025-2026 Orlando, FL 32817 Annual Meeting Schedule 407.723.5900 pfm.com To Whom It May Concern: Please find the attached FY 2025-2026 Annual Meeting Schedule for the Horse Trails Community Development District for your records. If you should have any questions regarding this matter, please feel free to contact me. R••.rds, rf yn ullin- Dist t Manager 3501 Quadrangle Blvd. Suite 270 Orlando, Florida 32817 P-407-723-5935 mullinsl(a�pfm.com 1 6 I 1A 2 RESOLUTION 2025-31 A RESOLUTION OF THE BOARD OF SUPERVISORS OF HORSE TRIALS COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE ANNUAL MEETING SCHEDULE FOR FISCAL YEAR 2025-2026 WHEREAS, the Horse Trials Community Development District (the "District") is a local unit of special-purpose government created and existing in pursuant to Chapter 190, Florida Statues;and WHEREAS, the District is required by Florida law to prepare an annual schedule of its regular public meetings which designates the date, time and location of the District's meetings; and WHEREAS, the Board has proposed the Fiscal Year 2025-2026 annual meeting schedule as attached in Exhibit A; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF THE HORSE TRIALS COMMUNITY DEVELOPMENT DISTRICT 1. The Fiscal Year 2025-2026 annual public meeting schedule attached hereto and incorporated by reference herein as Exhibit A is hereby approved and will be published in accordance with the requirements of Florida law. 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 221'd DAY OF JULY,2025. ATTEST: HORSE TRIALS COMMUNITY DEVELOPMENT DISTRICT Secret /Assistant Secretary Chair/ ice Chair I611A2 EXHIBIT"A" BOARD OF SUPERVISORS MEETING DATES HORSE TRIALS COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025-2026 December 3, 2025 March 4,2026 June 3, 2026 September 2,2026 All meetings will convene at 11:30 a.m.at the Office of Collier Enterprises 999 Vanderbilt Beach Road,Suite 507 Naples, FL 34108 I6I1A3 RESOLUTION 2025-07 A RESOLUTION OF THE BOARD OF SUPERVISORS OF BIG CYPRESS STEWARDSHIP DISTRICT ADOPTING THE ANNUAL MEETING SCHEDULE FOR FISCAL YEAR 2025-2026 WHEREAS, the Big Cypress Stewardship District (the "District") is a local unit of special- purpose government organized and existing in accordance with Chapter 2004-423, Laws of Florida; and WHEREAS, the District is required by Florida law to prepare an annual schedule of its regular public meetings which designates the date, time and location of the District's meetings; and WHEREAS, the Board has proposed the Fiscal Year 2025-2026 annual meeting schedule as attached in Exhibit A; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF THE BIG CYPRESS STEWARDSHIP DISTRICT 1. The Fiscal Year 2025-2026 annual public meeting schedule attached hereto and incorporated by reference herein as Exhibit A is hereby approved and will be published in accordance with the requirements of Florida law. 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF JUNE,2025. ATTEST: BIG CYPRESS STEWARDSHIP DISTRICT rn )4(ja/U2 Secre y/Assistant Secretary President/Vice President 1A 3 EXHIBIT"A" BOARD OF SUPERVISORS MEETING DATES BIG CYPRESS STEWARDSHIP DISTRICT FISCAL YEAR 2025-2026 December 3, 2025 March 4, 2026 June 3, 2026 September 2, 2026 All meetings will convene at 11:00 a.m. at the Office of Collier Enterprises 999 Vanderbilt Beach Road,Suite 507 Naples, FL 34108 October 2, 2025 Collier County Clerk Collier County Courthouse 3299 Tamiami Trail East Pfr'ri Suite. 303 Naples, FL 34112 3501 Quadrangle Blvd. Suite 270 Re: Big Cypress Stewardship District FY 2025-2026 Annual Meeting Orlando, FL 32817 Schedule 407.723.5900 pfm.com To Whom It May Concern: Please find the attached FY 2025-2026 Annual Meeting Schedule for the Big Cypress Stewardship District for your records. If you should have any questions regarding this matter, please feel free to contact me. R ards, \k“Slic n Mullins District Manager 3501 Quadrangle Blvd. Suite 270 Orlando, Florida 32817 P-407-723-5935 mullinsl(a)pfm.corn