Canopy Community

Development District

Agenda

June 5, 2018

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				Canopy					
				Community Development District					
									
				135 W. Central Blvd., Suite 320, Orlando, Florida 32801					
May 29, 2018		Phone: 407-841-5524- Fax: 407-839-1526					
								
Board of Supervisors							
Canopy Community							
evelopment District						
Dear	Board Members:		Can py Community Development District	will		
The regular meeting of the Board of Supervisors of					
be held	Roll Call	Following is the advance agenda for the meeting:					
1.								
		Tuesday, June 5, 2018 at 11:00 AM at the Dorothy B. Oven Park, 3205 Thomasville Road,		
Tallahassee, Florida.							
2.	Public	Comment Period (1Speakers will fill out a card and submit it to the District Manager		
3.		prior to the beginning of the meeting)						
		Organizational Matters						
		A. Administration of Oath of Office to Newly Appointed Board Member					
4.		B.  Consideration of Resolution 2018-06 Electing Assistant Secretary					
		Approval of Minutes of the May 1, 2018 Meeting					
5.		Consideration of Resolution 2018-08 Authorizing the Adjustment of Term Lengths for		
6.	Board Members		Setting a		
	Consideration of Resolution 2018-09 Approving the Fiscal Year 2019 Budget and			
7.		Public Hearing						
		Consideration of Resolution 2018-10 Supplemental Assessment Resolution (provided under		
8.		separate cover)						
		Consideration of Other Financing Related Matters					
9.	Consideration of Acquisition Series 2018 Project Improvements (provided under separate		
		cover)								
10. Consideration of Resolution 2018-11 Approving Request for Proposal Documents for the		
11.	Unites 4/5 Infrastructure Project and Authorization to Bid Construction Services					
	Staff Reports							
		A.	Attorney						
		B.	Engineer						
			i.	Consideration of Change Orders and Updates to Dove Pond Construction		
			ii.	Project (provided under separate cover)					
				Ratification of Capital Funding Request #4 and #5 (provided under separate		
		C.		cover)						
			District Manager's Report						
			i.  Balance Sheet and Income Statement					
12.	Other	ii.  Consideration of Funding Request #8					
		Business						
13. Supervisors Requests						
14. Adjournment							

1 Comments will be limited to three (3) minutes

The second order of business is the Public Comment Period where the public has an opportunity to be	
heard on propositions coming before the Board as reflected on the agenda, and any other items. Speakers	
must fill out a Request to Speak form and submit it to the District Manager prior to the beginning of the	
meeting.		
The third order of business is Organizational Matters. Section A is the administration of the Oath of Office	
to the newly appointed Board member and Section  is the consideration of Resolution 2018-06 electing an	
Assistant Secretary. A copy of the Resolution is enclosed for your review.	
	B	
The fourth order of business is the approval of the minutes of the May 1, 2018 Board of Supervisors meeting.		
The minutes are enclosed for your review.			
The fifth order of business is the consideration of Resolution 2018-08 authorizing the adjustment of term		
lengths for Board Members. A copy of the Resolution is attached for your review.		
The sixth order of business is the consideration of Resolution 2018-09 approving the proposed Fiscal Year		
2019 Budget and setting a public hearing. Once approved, the proposed budget will be transmitted to the		
governing authorities at least 60 days prior to the final budget hearing. A copy of the Resolution and		
proposed budget are enclosed for your review.			
The seventh order of business is the consideration of Resolution 2018-10 supplemental assessment		
Resolution. A copy of the Resolution will be provided under separate cover.		
The eighth order of business is the consideration of other financing related matters. There is no back-up		
material.				
The ninth order of business is the consideration of acquisition series 2018 project improvements. Back-up		
material will be provided under separate cover.			
The tenth order of business is the consideration of Resolution 2018-11 approving the request for proposal		
documents for the units 4/ 5 infrastructure project and authorization to bid construction services. A copy		
of the Resolution and manual is enclosed for your review.			
The eleventh order of business is Staff Reports. Section B is the Engineers report. Section 1 is the		
consideration of change orders and updates to Dove Pond construction project. Backup material will be		
provided under separate cover. Section 2 is the ratification of capital funding request #4 and #5. A copy of		
the funding requests and backup	information will be provided under separate cover. Section C is the		
District Manager's Report. Section 1 includes the balance sheet and income statement for review. Section		
2 includes Funding Request #8	for ratification. A copy	of the Funding Request and supporting		
documentation is enclosed for your review.	In the meantime, if you should have any		
The balance of the agenda will be discussed at the meeting.			
questions, please do not hesitate to contact me.			
Sincerely,				
Darrin Mossing

District Manager

CC:	Jennifer Kilinski, District Counsel Alan Wise, District Engineer Darrin Mossing, GMS

Enclosures

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RESOLUTION 2018-06

A  RESOLUTION  OF  THE  CANOPY  COMMUNITY
DEVELOPMENT	DISTRICT	ELECTING	
_ _ _ _ _ _ _ _ _ _ _ _ _	AS	ASSISTANT	
SECRETARY OF THE BOARD OF SUPERVISORS	
WHEREAS, the Board of Supervisors of the Canopy Community District desires	
to elect _ _ _ _ _ _ _ _ _ _ _ _	as an Assistant Secretary.	

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF SUPERVISORS  OF THE  CANOPY COMMUNITY
DEVELOPMENT DISTRICT:

1. _ _ _ _ _ _ _ _ _ _ _ is elected Assistant Secretary of the Board of Supervisors.

Adopted this 5th day of June, 2018.

Secretary/ Assistant Secretary	Chairman/Vice Chairman

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MINUTES OF MEETING
CANOPY

COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Canopy Community Development District was held Tuesday, May 1, 2018 at 11 :00 a.m. at Dorothy B. Oven Park, 3205 Thomasville Road, Tallahassee, Florida.

Present and constituting a quorum were:

Tom Asbury	Chairman
Gregg Patterson	Vice Chairman
John "Al" Russell	Assistant Secretary
Colleen Castille	Assistant Secretary

Also present were:

Darrin Mossing	District Manager
Jennifer Kilinski	District Counsel
Jennings Cooksey	District Counsel
Alan Wise	District Engineer
George Smith	Bond Counsel
Jill Burns	GMS by phone

Kim Hancock	Hopping Green & Sams

Robbie Cox	MBS Capital Markets by phone

FIRST ORDER OF BUSINESS	Roll Call

Mr. Mossing called the meeting to order at 11 :00 a.m.

SECOND ORDER OF BUSINESS	Public Comment Period

There being none, the next item followed.

THIRD ORDER OF BUSINESS     Organizational Matters

A.	Appointment of Individual to Fill Board Vacancy with a Term Ending November 2019

On MOTION by Mr. Asbury seconded by Ms. Castille with all in favor Colson Hosford was appointed to fill the unexpired term of
office.

May l, 2018	Canopy CDD

B.	Administration of Oath of Office to Newly Appointed Board Member

C.	Consideration of Resolution 2018-06 Electing Assistant Secretary

	Items B and C will be deferred to the next meeting.

FOURTH ORDER OF BUSINESS	Approval of the Minutes of the April 3, 2018

Meeting

On MOTION by Mr. Patterson seconded by Ms. Castille with all in favor the minutes of the April 3, 2018 meeting were approved as
presented.

Mr. Wise joined the meeting at this time.

FIFTH ORDER OF BUSINESS	Consideration   of   Financing   Related

Documents

A. Resolution 2018-07 Delegated Award Resolution

Mr. Smith stated I have prepared this resolution that approves the forms of the documents that are needed for the bond financing that are Exhibits 1 - 6. The first three are Supplemental Indentures that supplement the Master Indenture that you approved at a prior meeting, Bond Purchase Agreement, Preliminary Limited Offering Memorandum and Continuing Disclosure Agreement. We approve the forms and finalize those as the financing gets finalized.

The most important one for today's purposes is the Bond Purchase Agreement and this is discussed in Resolution 2018-07 section 6. Section 6 of the resolution authorizes the fonn of the Bond Purchase Agreement and then delegates authority to the Chairman to sign the Bond Purchase Agreement if that bond purchase agreement meets the following requirements. It should be for an amount not to exceed $15 million and that is in the aggregate and doesn't specify what sub-amount will go into which series of securities but in the aggregate those cannot exceed $15 million. The price of those bonds is not less than 98% and the interest rate shall not exceed the maximum rate allowed by Florida Statute. The final parameter is that the maturity cannot be later than May 1, 2049. If this resolution is adopted as long as the Bond Purchase Agreement, the form of which is attached to the resolution, as Exhibit Bis presented to the Chair, the Chair is allowed to authorize

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May I, 2018	CanopyCDD

that on behalf of the District. That Bond Purchase Agreement and the other documents that are attached, I prepared the Supplemental Trust Agreement, other parties have prepared some of the other documents that we have reviewed those as your attorneys and providing comments that they are as close as they can be as of today's date. All the other forms are contracts you will enter into to protect your bondholders so they will purchase the bonds from you.

Ms. Kilinski stated we will have a Board Meeting in June and we will bring back more final forms of these documents. This gives us the parameters we need to continue to move forward but we do anticipate the June meeting being a Supplemental Assessment resolution, hopefully, we will have the pricing so we will be corning back to you with some of these as well.

Mr. Smith asked Rob, do you have an interest rate update?

Mr. Cox stated the interest rate is going to be set by the market and what I mean by that is there are a number of CDD transactions that get finalized and they are all public transactions. The world is free to see what the rate and structure of those maturities look like so it is our responsibility to price or set the interest rate comparable to other deals that are in the market. Right now the AAA municipal is about 3.09% I believe.

Mr. Mossing asked are you getting the Assessment Area 1 bonds rated?

Mr. Cox stated they will not be rated because you don't have enough rooftops at this point that would make it appropriate to be rated; however, the 93 units will price higher in all likelihood to AAA securities because of the nature of the development being completed in that area.

Mr. Mossing asked ifwe closed in the month of May what would the average interest rate over the four bond issues likely be?

Mr. Cox stated if we were in the market today for the Assessment Area 1, which is the 93 lots that is going to be somewhere in the lower 5% range so between 5% and 5.50% for assessment area two and three that is going to be in probably the 5.75% to 6.25% range depending on what the market does. Because of the additional leverage and characteristics o f assessment areas 2 and 3 those will price at a wider spread.

Mr. Asbury stated all these rates are fixed.

Mr. Mossing stated once they sell the bonds they will be fixed.

Ms. Castille asked is it only the assessments on the property that go to pay the bonds off or are there other revenues?

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May 1, 2018	CanopyCDD

Mr. Asbury stated there are four different bonds. The A Bonds stay on the property for the term of the bond. The B Bonds we pay off as we sell each lot.

Ms. Kilinski stated the pledged revenues is the assessment, there are no other funding mechanisms in place to secure the bonds.

Mr. Asbury stated some are paid down relatively fast and the other stays on the lot for the term of the bond.

Mr. Smith stated there was a question on the interest rate cap and where it might end up. The Florida Statute provides an interest rate cap in the most recent Bond Buyer Index 20 Bond, which is a bond index, which is probably right around 3.85% or 4% plus 300 basis points and that gets us around 7% as a cap and that fluctuates. There is nothing in here that requires you to accept a bond purchase agreement it just gives you the authority if you determine to accept that bond purchase agreement.

On MOTION by Ms. Castille seconded by Mr. Patterson with all in favor Resolution 2018-07 was approved.

Supplemental Engineer's Report

Ms. Kilinski stated the Supplemental Engineer's Report was encapsulated in the resolution we just approved, but I think it is worth reviewing the Engineer's Report and the Assessment Methodology.

Mr. Wise stated the bonds will cover three different assessment areas. Assessment Area 1 is generally the parcels that are already complete, those 93 lots. Assessment Area 2 is generally what would be permitted and constructed within the next 24 months, which is primarily the two southern portions of the two southern units that would be accessed from Dempsey Mayo Road and is comprised of 257 lots and had a mix of units. There are some larger lots, medium size lots and some smaller lots, there are attached units and detached units so there is a wide variety of units in that assessment area. The third Assessment Area is the remainder of the lots, about 650 lots and that is a little bit of leverage on all these lots understanding that there are master improvements that are being constructed that allow those lots to be closer to development. For instance, Dove Pond Dam, a little bit of the cost of that dam increases the value of all the other lots. Master pump stations, Dempsey Mayo Road, some of these master improvements that benefit all of the residential lots not just some of them. Those are generally the three assessment areas. The

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May I, 2018	Canopy CDD

proceeds of the bonds are anticipated to go towards Dove Pond Dam, amenity center clubhouse, construction of those 257 lots in Assessment Area 2 as well as a portion would be reimbursed to the infrastructure that created the first 93 lots that are already in the ground.

Mr. Russell asked is the developer responsible for Dempsey Mayo Road?

Mr. Wise responded yes. The City is reimbursing multi-use paths on Dempsey Mayo Road but generally the construction of the roadway is the developer's responsibility.

Mr. Russell asked is that 24 months?

Mr. Wise responded a portion of it for sure. The things in permitting right now start at Miccosukee Road and extend north and allows us access into these southern two neighborhoods.

We have a 220 foot right of way through the greenway, we obviously won't be using all of that. We are impacting the Canopy Road Protection Zone and later this month we will be going before the citizens committee to seek approval for that impact to the Canopy Road Protection Zone. I expect that they will want some trade-off and one of the items I'm holding as a trade is we have 220 feet ofright of way through that greenway. We really only need about 80 feet so if we can set aside some of those wooded areas along Dempsey Mayo Road that runs through the greenway in conservation I anticipate using that for some of our Canopy Road mitigation.

Mr. Russell stated it is somewhat cleared coming off of Miccosukee Road.

Mr. Wise stated there is a big electrical underground duct bank that they installed several years back and that is what you see that is cleared. The roadway and electrical duct bank don't necessarily line up. Because there is a special sand that surrounds that electrical duct bank that dissipates heat if we put a roadway on top of it, it will prevent that action from being able to occur so the electrical underground utility will be beside our roadway.

Ms. Castille asked is there a design for safe crosswalk for this Dempsey Mayo?

Mr. Wise responded yes. They haven't been approved by the County yet, but we are proposing a wooden two rail fence along either side and there are two prima r y crossings where the greenway trail crosses Dempsey Mayo. We have elevated crossings and at the end of that two rail fence we are going to have a switchback where someone can't just run straight through and dart out into Dempsey Mayo Road. We are going to make it to where someone actually has to make two or three movements before they can cross and that goes for cyclists as well. Our design is to where the cyclists would have to get off their bikes so they know they are about to cross Dempsey Mayo. Our goal is to make sure that the folks crossing Dempsey Mayo have to slow down and are

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aware they are crossing and also the drivers driving along Dempsey Mayo because they are going to have elevated crossings so it is going to be like a ski hump that a driver has to realize as well.

Ms. Kilinski stated from a hierarchy standpoint we will get into a little bit on the completion agreement later in the agenda, there are three Engineer's Reports in a way. There is the Master Engineer's Report that you approved that was validated that is the maximum capacity of what we ever develop related to Canopy and that was around $90 million. If you look at the Supplemental Engineer's Report there is something called the completion project, which is about $52 million and that is the infrastructure necessary to develop all 1,001 units that are anticipated in Canopy. That is going to be a project that is associated with the completion agreement we are going to get to later today. Then there is the $13 million in the 2008 capital improvement plan that is the improvements that Alan just described. We do have different components of what we are going to be securing by way of some of the improvements that we are going to talk about later.

Mr. Russell stated these are all going to need bonds.

Mr. Asbury stated they will all be bonded but they don't have to be. That is how much it is going to cost to build it, but we could pay it out of pocket, we don't have to bond it.

Ms. Kilinski stated correct.

Supplemental Assessment Methodology

Mr. Mossing stated the Assessment Methodology was enclosed in your agenda packet. We take the information from the Engineer's Report, the cost of the improvements and take the information from the District's underwriter for the bond related costs and put it into a methodology that allocates those costs to all of the developable property within the District based upon the benefit that those properties receive. The narrative describes a little bit of the background history of the Master Assessment Methodology process that we went through and it describes the process for levying a valid assessment, the different assessment areas and the true-up mechanisms in case the project is not developed in accordance with the plans. In the back there are various tables. Table 3 shows the four bond issues broken down into the three assessment areas. The 2018 A-1 and A-2 are the assessment area 2, the 2018 A-3 is assessment area 3 and the 2018 A-4 is the assessment area 1, which is the 93 platted lots. Assessment area 2 is the 257 planned units. Assessment area 3 is 690 lots and that is the A-3 bonds.

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Mr. Cox stated the nomenclature may be a little confusing. You have three assessment areas and four different series of bonds and what may throw some of you a little bit is that Assessment Area 1 corresponds with what we are currently calling the series 2018 A-4 bonds. The reason we assigned specific bond names to a particular assessment area is because investors are used to certain naming conventions that go along with particular types of underlying land and credit. They are used to having an A-1 and A-2 bond like we are doing on the 257 lots and they are used to having an A-3 bond associated with lands that are future development lands, the lands that are not currently under development. That is why there is a little bit of a mismatch in nomenclature, but I wanted to explain that.

Mr. Mossing stated A-4 is Assessment Area 1, A-2 is Assessment Area 2 and A-3 is Assessment Area 3. Assessment Area 2 is the 257 lots. The A-1 bonds are the long-term bonds and the A-2 bonds are the pay down bonds. The 93 lots are platted and they are going to be on the tax roll and that is a very strong credit. The 257 lots are not platted, they are not developed yet but they are planned to be developed in the next two years so that is not as strong as the 93 lots but Assessment Area 3 is not going to be developed for three plus years to that is the lesser credit. That is why we settled on the different assessment areas because they are really a different development phases and from an investor standpoint it is a different credit.

The remaining tables take each assessment area and allocates the annual assessment that the property owners will see by product type within that assessment area and then also the total amount of the bond debt associated to each of those product types. We have to do not only the annual we have to allocate the individual principal so if someone wants to call and pay off their debt assessment we have the specific amount that if they pay it they will no long receive the annual debt assessment they would only receive the O&M portion.

Continuing Disclosure Agreement

Mr. Smith stated this is an agreement that is attached to the resolution, required by the bond documents and it is required by the SEC that on an annual basis the District and the developer update the information that is in the offering memorandum and that will allow your bonds to trade on the secondary market with market transparency. There is an investor in the secondary market, they go on the website called EMMA that is managed by the municipal security rulemaking Board, MSRB, and they can find the offering statement that will be the final offering statement for this

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May 1, 2018	CanopyCDD

transaction. They can look and find financial information on the developer as well as on the District on an annual basis. That is part of your securities offering; you are required for MBS to be able to enter that bond purchase agreement with you. They have to certify that you entered into this continuing disclosure agreement because SEC can't regulate you as a government, but it can regulate MBS so they tell them you can't issue these bonds unless the District agrees to on an annual basis update the financial information.

Mr. Mossing stated on a quarterly basis I will be sending the developer a bunch of questions such as how many lots have been developed, how many have been sold, how many are under contract. There are about 14 questions of information that you readily have available that you will provide quarterly and then we have annual reporting and annual audit we will post to the website that George referred to. We handle all the requirements in that agreement.

B. Collateral Assignment Agreement

Ms. Kilinski stated next is agreements entered into between the District and the Landowner, Ox Bottom Mortgage Holdings, LLC and the first one is the collateral assignment agreement. This typically says if the Landowner fails to pay assessments as they are timely due then the District has the right to the collateral assignment of development rights so that bondholders who foreclose would have the development rights necessary to continue moving ahead with the project or selling the project with the requisite development rights to continue the project forward. We are going to look for separate motions to approved each of these.

On MOTION by Mr. Russell seconded by Mr. Patterson with all in favor the Collateral Assignment Agreement between the District and

Ox Bottom Mortgage Holdings, LLC was approved in substantial form.

C. Completion Agreement

Ms. Kilinski stated next is the completion agreement and it is similar to what I just described. The District is issuing bonds and as long as the District issues bonds and you use the proceeds for portions of the capital improvement plan that you have already approved, then the developer or landowner agrees to continue to move forward with completion of the completion project portion of the Supplemental Engineer's Report that you approved previously. The idea is

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that bondholders are relying on the whole development of that project to purchase the securities and this completion agreement obligates over time either the District or the developer to complete the completion project as described in the Engineer's Report.

On MOTION by Ms. Castille seconded by Mr. Pattreson with all in favor the Completion agreement between the District and Ox Bottom Mortgage Holdings, LLC was approved in substantial form.

D. True-Up Agreement

Ms. Kilinski stated next is the True-up Agreement and in the Assessment Methodology there is a portion regarding a true-up mechanism. This is the security for that true-up mechanism. Essentially it says that as plats occur the District will be presented with a plat and also approve it to ensure that the number of units that are on that plat is what we said was going to happen in this methodology so that the debt doesn't build up and you have one acre left with 80% of the debt. We make sure that is the case and as long as the number of units continue on the plat as we anticipated and they are not less, then you would just keep going. If for some reason less units are platted than we anticipate, for example there are 800 instead of 1,001 at the end of that platting process, there would be a true-up payment that would be obligated by the developer because there are less units that we can spread the debt to.

Mr. Mossing stated or smaller lots than you anticipated.

On MOTION by Ms. Castille seconded by Mr. Patterson with all in favor the True-up agreement between the District and Ox Bottom

Mortgage Holdings, LLC was approved in substantial form.

E. Acquisition Agreement

Ms. Kilinski stated the last one is the Acquisition Agreement. This sets forth the process, it is very similar to what we will get to later although we are going to defer that again on the acquisition documents associated with the unit 1 improvements. This Acquisition Agreement articulates the District responsibilities to acquire the improvements that are within the Capital Improvement Plan you previously approved and the mechanism under which the District will accept those improvements. That would be costs, how we require warranty deeds and Engineer's Certification, how we would convey real property, and all of those processes. It also stipulates the

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difference as long as the District has bond proceeds in the construction account, it won't fail to acquire those improvements that are part of the capital improvement plan.

On MOTION by Ms. Castille seconded by Mr. Patterson with all in favor the Acquisition Agreement between the District and Ox Bottom Mortgage Holdings, LLC was approved in substantial form.

F. Other Documents

Ms. Castille stated there is a Declaration of Consent.

Ms. Kilinski stated the Board can consider that. After the bonds are issued we will record a declaration of consent, which tells the world if they do a title search that you recognize there are assessments on your property, you recognize the District is in existing and you are going to waive any right that you have to claim ignorance.

On MOTION by Ms. Castille seconded by Mr. Patterson with all in favor the Declaration of Consent to Jurisdiction was approved in
substantial form.

SIXTH ORDER OF BUSINESS	Consideration  of  Acquisition  of  Public
Infrastructure

This item deferred until the June meeting.

SEVENTH ORDER OF BUSINESS Consideration of Uniform Method of Collection Agreement with the Leon County
Tax Collector

Mr. Mossing stated next is consideration of uniform method of collection agreement with the Leon County Tax Collector. We need to approve and enter into this agreement in order to utilize the tax collector for collecting our annual O&M and debt on the tax bill.

On MOTION by Mr. Patterson seconded by Ms. Castille with all in favor the agreement with the Leon County Tax Collector was

approved.

EIGHTH ORDER OF BUSINESS	Staff Reports

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May I, 2018	Canopy CDD

A.	Attorney

There being none, the next item followed.

B.	Engineer

i.	Ratification of Capital Funding Requests 2 & 3

Mr. Wise stated we have two funding requests for Dove Pond Dam. They have already been processed and this is for ratification.

We are farther along than halfway, the last remaining item is the concrete spillway and they started pouring concrete yesterday. There is an ancillary treatment pond with stormwater pipes and things that are coming up that will happen very quickly and we have a meeting this afternoon to discuss some of the wetland plantings, which is the last step or so. It is going to come together pretty quickly. They didn't want to start pouring concrete until they could pour until it was done.

On MOTION by Ms. Castille seconded by Mr. Russell with all in favor capital funding requests 2 and 3 were ratified.

Mr. Wise stated Mr. Patterson mentioned that he was copied on an email from some neighbors and there was something related to percolation. I wanted to let everybody be aware that there is a group of concerned citizens primarily that live on the north side of Centerville Road. They have attempted to challenge almost every permit or approval that we have sought and in the same sentence they will tell us that our percolation rate is too high and our percolation rate is too low. They have gummed up one of our State permits whenever we finally sat down with all the State agencies and looked at the rule and looked at our geotechnical information it was clear that we exceeded our requirement by three times over. You will probably be copied on things and if you have any questions or concerns do not hesitate to forward the message to me or Jennifer. As members of the Board eventually you will probably be asked questions and I want to make sure that you are educated and have the answer or at least know who to refer it to. The next thing is the middle of this month we are going to be on Canopy Road Protection Zone Citizens Committee, that may gamer some interest. It is for the construction of Dempsey Mayo, which is required by the City so it shouldn't be a controversial matter but anytime you are impacting the Canopy Road Protection Zone it opens the opportunity for people to be passionate about it. I want to put that

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out there as a reminder that as the development progresses as things become more visible people are going to start asking more questions, don't feel like you don't have someone to defer back to whenever you get those questions. You have staff to assist you.
Ms. Castille asked is the question on the perc rates is that on the stormwater ponds? Mr. Wise responded yes and it is not related to Dove Pond.

Mr. Asbury asked when do you think we will have permits?

Mr. Wise stated the 450 lots were resubmitted yesterday, we are back on the DRC meeting for May 14th and we will be negotiating with staff reviewers starting next week. As far as Dempsey Mayo Welaunee Boulevard, the City last week gave us a new typical section for Welaunee Boulevard so that set us back on Welaunee Boulevard but all of the items that we resubmitted yesterday should clarify any concerns they had on Dempsey Mayo.

Mr. Asbury asked when should we be able to award a contract for Dempsey Mayo? Mr. Wise responded probably two months if all goes well.

Mr. Russell asked for the overall project are we on schedule as far as where you thought we would be?

Mr. Wise responded we had a delay about four weeks ago the city postponed their approval. Normally if we submit a subdivision we get conditional approval then we address the conditions. In this instance, they said we want a little bit more information than we are comfortable giving you conditional approval on and that was about a four-week delay.

C.	Manager

i.	Balance Sheet and Income Statement

The balance sheet and income statement were included in the agenda package.

On MOTION by Mr. Patterson seconded by Mr. Russell with all in favor the financials were accepted.

ii.	Consideration of Funding Request No. 7

On MOTION by Mr. Patterson seconded by Mr. Russell with all in favor funding request no. 7 in the amount of $21,034.25 was

approved.

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May 1, 2018	Canopy CDD

iii.	Presentation of Number of Registered Voters - 4

Mr. Mossing stated a copy of the letter from the Supervisor of Elections indicating that there are four registered voters residing within the District was included in the agenda package. That is important information that triggers the general election process. You have to have both 250 registered voters and 6 years. Once you meet both requirements you begin to transition to the Board being elected by general election.

NINTH ORDER OF BUSINESS	Other Business

There being none, the next item followed.

TENTH ORDER OF BUSINESS	Supervisors Requests

Mr. Patterson stated a while back they talked about getting a copy of the D&O policy. Mr. Mossing stated I will follow-up on that and email it to you.

On MOTION by Mr. Russell seconded by Mr. Patterson with all in favor the meeting adjourned at 12: 12 p.m.

Secretary/ Assistant Secretary	Chairman/Vice Chairman

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RESOLUTION 2018-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE CANOPY COMMUNITY DEVELOPMENT DISTRICT
EXTENDING THE TERMS OF OFFICE OF ALL CURRENT
SUPERVISORS  TO  COINCIDE  WITH  THE  GENERAL
ELECTION PURSUANT TO SECTION 190.006, FLORIDA
STATUTES;  PROVIDING  FOR  SEVERABILITY;  AND
PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Canopy Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the current members of the Board of Supervisors ("Board") were elected by the landowners within the District based on a one acre/one vote basis; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the Board to adopt a resolution extending or reducing the terms of office of Board members to coincide with the general election
in November; and

WHEREAS, the Board finds that it is in the best interests of the District to adopt this Resolution extending the terms of office of all current Supervisors of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF  SUPERVISORS  OF  THE  CANOPY  COMMUNITY
DEVELOPMENT DISTRICT:

SECTION 1. The following terms of office are hereby extended to coincide with the general election to be held in November of 2020:

Seat#	- -	(currently held by Tom Asbury)	
Seat#	- -	(currently held by Colson Hosford)	
Seat#	4	(currently held by Colleen Castille)	

The following terms of office are hereby extended to coincide with the general election to be held in November of 2022:
Seat#	- - 1	(currently held by Gregg Patterson)	
Seat#	2	(currently held by John "Al" Russell)	

SECTION 2. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 3. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 5th day of June, 2018.

ATTEST:	CANOPY COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

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RESOLUTION 2018-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CANOPY COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED
BUDGET FOR FISCAL YEAR 2018/2019 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING

TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE

DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors ("Board") of the Canopy Community Development District ("District") prior to June
15, 2018, a proposed budget ("Proposed Budget") for the fiscal year beginning October 1, 2018 and ending September 30, 2019 ("Fiscal Year 2018/2019"); and

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

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CANOPY COMMUNITY DEVELOPMENT DISTRICT:

1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2018/2019 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:	September 4, 2018

HOUR:	11:00 A.M.

LOCATION:	Dorothy B Oven Park
3205 Thomasville Rd.
Tallahassee, FL 32308

3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENTS. The District Manager is hereby directed to submit a copy of the Proposed Budget to the City of Tallahassee and Leon 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.

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 ofthe remaining portions
of this Resolution, or any part thereof.

7.	EFFECTIVE DATE.  This Resolution shall take effect	immediately upon	
adoption.			
PASSED AND ADOPTED THIS 5th DAY OF June, 2018.		
ATTEST:	CANOPY		
	COMMUNITY DEVELOPMENT	
	DISTRICT		
	By: _ _ _ _ _ _ _ _ _ _	_	
Secretary	Its: - - - - - - - - - - - -		

•  •  •  •  •  •	•  •  •  •  •  •

..•••••••

CANOPY

Community Development

District

Proposed Budget

FY 2019

GMl \

•  •  •  •  •  •  •  •  •  •  •  •  •  •  •

Table of Contents

1-3			General Fund	
4-6	Assessment Area 1	- Special Assessment Bonds Series 2018A-4	
7-9	Assessment Area	2	- Special Assessment Bonds Series 2018A-1	
10-12	Assessment Area	2	- Special Assessment Bonds Series 2018A-2	
13-15	Assessment Area 2	- Special Assessment Bonds Series 2018A-3	

Canopy Community Development District

Proposed General Fund Budget

								Adopted		Proposed				
	Description	Budget FY 2018	Budget FY 2019				
	Revenues										
Assessments - Tax Roll (87 Platted Lots)	$		$	65,716				
Assessments - Direct (Administrative Only)	$		$	109,885				
	Assessments - Direct (6 Unplatted Lots)	$	87,500	$	4,532				
	Developer Contributions	$		$	576,351				
	Interest Income	$		$	1,000				
	Miscellaneous Income (Rentals)	$		$	10,000				
!Total Revenues	$	87,500	$			767,484 i			
	Exi:1enditure										
		Administrative										
				Supervisor Fees	$		$	6,000				
				FICA	$	12,000	$	459				
				Engineering	$		$	12,000				
			Arbitrage	$		$	2,400				
				Dissemination	$	25,000	$	8,000				
			Attorney	$		$	25,000				
			Audit	$		$	5,000				
			Trustee	$	35,000	$	10,000				
				Management	$		$	35,000				
				Information Technology	$	600	$	600				
			Travel	$	300	$	250				
			Telephone	$		$	250				
				Postage	$	1,000	$	1,500				
				Printing/Binding	$	1,000	$	1,500				
				Insurance-Liability	$	5,800	$	6,000				
				Legal Advertising	$	5,000	$	5,000				
				Other Current Charges	$	1,000	$	1,000				
				Property Taxes	$	625	$							
				Office Supplies	$		$	1,000				
				Dues	$	175	$	175	I		
			Total Administrative	$	87,500	$	121,134			
		Maintenance										
				Common	Area:				25,000				
				Field Services		$		$					
				Porter Services	$		$	15,000				
				Landscape Maintenance	$		$	125,000				
				Landscape Contingency	$		$	25,000				
				Plant Replacement	$		$	15,000				
				Irrigation - Repairs	$		$	10,000				
				Irrigation - Water	$		$	20,000				
				Irrigation - Electric	$		$	5,000				
				Wetland Maintenance	$		$	7,500				
				Wetland Mitigation Reporting	$		$	2,500				
				Street Lights	$		$							

Canopy Community Development District

Proposed General Fund Budget

					Adopted		Proposed			
	Description	Budget FY 2018	Budget FY 2019		
		Common Area - Continued:										
	Stormwater Pond Maintenance	$		$	15,000					
		Repairs and Maintenance	$		$	25,000					
		Operating Supplies	$		$	2,500					
		Road and Sidewalk (Alleys Only)	$		$	2,500					
	Trail Maintenance (Paved and Unpaved)	$		$	2,500					
	Signage (Sign at Welaunne and Fleischmann)	$		$	2,000					
	Walls - Repair/Cleaning	$		$							
		Fencing	$		$							
		Damn Monitoring	$		$	3,500					
	Amenity_ Center										
	Amenity Management Staffing	$		$	75,000					
		Pool Attendants	$		$	15,000					
	Janitorial	$		$	15,000					
		Pool Maintenance	$		$	15,000					
		Pool Chemicals	$		$	7,500					
		Pool Permits	$		$	750					
		Pool - Electric	$		$	15,000					
		Pool-Water	$		$	1,250					
	Telephone	$		$	2,500					
	Water/Sewer	$		$	5,000					
	Gas	$		$	500					
	Trash	$		$	2,400					
		Pest Control	$		$	1,200					
	Termite Bond	$		$	750					
		Insurance - Property	$		$	25,000					
		Cable/Internet	$		$	7,500					
	Access Cards	$		$	2,500					
	Activities	$		$	15,000					
	Security/Alarms/Repair	$		$	35,000					
		Repairs and Maintenance	$		$	35,000					
		Office Supplies	$		$	2,500					
		Holiday Decorations	$		$	5,000					
		Other											
		Contingency	$		$	24,000					
		Capital Reserve (1)	$		$	35,000					
													
	Total Maintenance	$		$	646,35□I				
												
	Total Expenditures	$	87,500	$	767,4841			
		Excess Revenues {Expenditures)	$		$		- I		

2

Canopy Community Development District

Proposed General Fund Budget

			Adopted		Proposed		
	Description		Budget FY 2018	Budget FY 2019		
	Net Assessments			$	756,484			
	Collection Fees (7%)	$	52,954			
	Gross Assessments	$	809,438			
	No of Assessable	Units		1,001.50			
	Net Assessment Per Unit	$	755.35			
	Gross Assessment Per Unit (Includes 7% Collection Cost)	$	808.23			
	Adminstative Assessment:		121,134			
	Administrative	Budget	$				
	Assessable Units		1,001.50			
	Net Assessment Per Unit	$	120.95			
	Assessments - Tax Roll (87 Units)	$	10,523			
	Assessments - Direct Bill (6 Units)	$	726			
	Undeveloped Planned Residential Units (908)	$	109,825			
	Religious Facility (.5)	$	60			
	Total Net Assessments	$	121,134			

(1) Capital Reserve amount is subject to change upon further completion of infrastructure supported by professional reserve study or engineer's estimate for annual funding.

3

Canopy Community Development District

Proposed Debt Service Fund Budget

Assessment Area 1 - Series 2018A-4 Bonds

											Proposed		Proposed					
		Description					Budget FY 2018	Budget FY 2019					
		Revenues								61,025					
		Assessments		- Tax Roll (Platted Lots)	$		$						
	Assessments - Direct (Unplatted Lots)	$	53,228	$						
		Bond Proceeds				$		$	250				
		Interest Income				$		$					
	Carry Forward Surplus			$		$	22,715					
!Total Revenues				$	53,228	$	s3,99o 1		
		Expenditure									22,715					
		Interest - 11/1				$		$						
		Principal - 5/1				$		$	15,000					
		Interest - 5/1				$		$	23,100	1			
												$	Go,s1s				
	!Total Expenditures				$							
	I Excess Revenues				$	53,228	$	23,11s	1				
		Excess Revenues		$	53,228	Interest - 11/1	$	22,706					
		Less: Debt Service	Reserve	-----.;__---'-										
				$	(30,513}										
		Carry Forward Surplus		22,715										
							=$= = = =										

4

			BOND DEBT SERVICE						
			Canopy Community Development District					
			Special Assesment Bonds, Series 2018A-4					
		Dated Date	05/04/2018						
		Delivery Date	05/04/2018						
	Period	Principal	Coupon	Interest	Debt Service	Annual		
	Ending					Debt Service		
										
11/01/2018			22,715.00	22,715.00					
05/01/2019	15,000	5.250%	23,100.00	38,100.00	60,815.00				
11/01/2019	15,000	5.250%	22,706.25	22,706.25	60,412.50				
05/01/2020			22,706.25	37,706.25					
11/01/2020	15,000	5.250%	22,312.50	22,312.50	59,625.00				
05/01/2021			22,312.50	37,312.50					
11/01/2021			21,918.75	21,918.75					
05/01/2022	15,000	5.250%	21,918.75	36,918.75	58,837.50				
11/01/2022			21,525.00	21,525.00					
05/01/2023	15,000	5.250%	21,525.00	36,525.00	58,050.00				
11/01/2023			21,131.25	21,131.25					
05/01/2024	15,000	5.250%	21,131.25	36,131.25	57,262.50				
11/01/2024			20,737.50	20,737.50					
05/01/2025	15,000	5.250%	20,737.50	35,737.50	56,475.00				
11/01/2025			20,343.75	20,343.75					
05/01/2026	20,000	5.250%	20,343.75	40,343.75	60,687.50			
11101/2026			19,818.75	19,818.75					
05/01/2027	20,000	5.250%	19,818.75	39,818.75	59,637.50			
11/01/2027			19,293.75	19,293.75					
05/01/2028	20,000	5.250%	19,293.75	39,293.75	58,587.50			
11/01/2028			18,768.75	18,768.75					
05/01/2029	20,000	5.250%	18,768.75	38,768.75	57,537.50				
11/01/2029			18,243.75	18.243.75					
05/01/2030	20,000	5.250%	18,243.75	38,243.75	56.487.50			
11/01/2030			17,718.75	17,718.75					
05/01/2031	25,000	5.250%	17,718.75	42,718.75	60,437.50			
11/01/2031			17,062.50	17,062.50					
05/01/2032	25,000	5.250%	17,062.50	42,062.50	59,125.00			
11/01/2032			16,406.25	16,406.25					
05/01/2033	25,000	5.250%	16,406.25	41,406.25	57,812.50			
11/01/2033			15,750.00	15,750.00					
05/01/2034	25,000	5.250%	15,750.00	40,750.00	56,500.00			
11/01/2034			15,093.75	15,093.75					
05/01/2035	30,000	5.250%	15,093.75	45,093.75	60,187.50			
11/01/2035			14,306.25	14,306.25					
05/0112036	30,000	5.250%	14,306.25	44,306.25	58,612.50			
11/01/2036			13,518.75	13,518.75					
05/01/2037	30,000	5.250%	13,518.75	43,518.75	57,037.50			
11/01/2037			12,731.25	12,731.25					
05/01/2038	35,000	5.250%	12,731.25	47,731.25	60,462.50			
11/01/2038			11,812.50	11,812.50					
05/01/2039	35,000	5.250%	11,812.50	46,812.50	58,625.00			
11/01/2039			10,893.75	10,893.75					
05/01/2040	35,000	5.250%	l0,893.75	45,893.75	56,787.50			
11/0)/2040			9,975.00	9,975.00					
05/01/2041	40,000	5.250%	9,975.00	49,975.00	59,950.00			
11/01/2041			8,925.00	8,925.00					
05/01/2042	40,000	5.250%	8,925.00	48,925.00	57,850.00			
	ll/01/2042			7,875.00	7,875.00					
05/01/2043	45.000	5.250%	7,875.00	52,875.00	60,750.00			
11/01/2043			6,693.75	6,693.75					
									
Mar 27,2018 4:46pm							Page 19		

5

			BOND DEBT SERVICE				
			Canopy Community Development District			
			Special Assesment Bonds, Series 201 BA-4			
Period	Principal	Coupon	Interest	Debt Service	Annual		
Ending					Debt Service		
05/01/2044	45,000	5.250%	6,693.75	51,693.75	58,387.50		
I 1/01/2044				5.512.50	5,512.50			
05/01/2045	50,000	5.250%	5,512.50	55,512.50	61,025.00		
11/01/2045				4,200.00	4,200.00			
05/01/2046	50,000	5.250%	4,200.00	54,200.00	58,400.00		
11/01/2046			5.250%	2,887.50	2,887.50			
05/01/2047	55,000		2,887.50	57,887.50	60,775.00		
11/01/2047				1,443.75	1,443.75			
05/01/2048	55,000	5.250%	1,443.75	56,443.15	57,887.50		
				885,027.50	1,765,027.50			
	880,000				1,765,027.50		

Mar27,2018 4:46pm	Page20

6

Canopy Community Development District

Proposed Debt Service Fund Budget

Assessment Area 2 - Series 2018A-1 Bonds

									Proposed		Proposed						
		Description			Budget FY 2018	Budget FY 2019						
		Revenues												
		Assessments		- Tax Roll (Platted Lots)	$		$	149,280						
	Assessments - Direct (Unplatted Lots)	$	133,977	$							
		Bond Proceeds			$		$	250						
		Interest Income			$		$							
	Carry Forward Surplus			$	133,977	$	59,322						
!Total Revenues			$		$	208,852	I		
																
		Expenditure						59,322						
																
		Interest - 11/1			$		$							
		Principal - 5/1			$		$	25,000						
		Interest - 5/1			$		$	60,328						
!Total Expenditures			$		$	144,Gso 1		
																	
	I Excess Revenues			$	133,977	$	64,203	I		
		Excess Revenues	$   133,977	Interest - 11/1	$	59,590						
		Less: Debt Service Reserve		(74,655}										
		Carry Forward Surplus	_ . ;$.. . . . _ . . : . . . , _ _ ; _ _										
			$	59,322										
						========										

7

			BOND DEBT SERVICE				
		Canopy Community Development District			
		Special Assesment Bonds, Series 2018A-1			
		Dated Date	05/04/2018				
		Delivery Date	05/04/2018				
Period	Principal		Coupon	Interest	Debt Service	Annual		
Ending						Debt Service		
11/01/2018				59,322.04	59,322.04			
								
05/01/2019	25,000	5.900%	60,327.50	85,327.50	144,649.54		
11/01/2019				59,590.00	59,590.00			
05/01/2020	30,000	5.900%	59,590.00	89,590.00	149,180.00		
11/01/2020				58,705.00	58,705.00			
OS/01/2021	30,000	5.900%	58,705.00	88,705.00	147,410.00		
11/01/2021				57,820.00	57,820.00			
05/0l/2022	30,000	5.900%	57,820.00	87,820.00	145,640.00		
11/01/2022				56,935.00	56,935.00			
05/01/2023	35,000	5.900%	56,935.00	91,935.00	148,870.00		
11/01/2023				55,902.50	55,902.50			
05/01/2024	35,000	5.900%	55,902.50	90,902.50	146,805.00		
11/01/2024				54,870.00	54,870.00			
05/01/2025	35,000	5.900%	54,870.00	89,870.00	144,740.00		
I 1/01/2025				53,837.50	53,837.50			
05/01/2026	40,000	5.900%	53,837.50	93,837.50	147,675.00		
11/01/2026				52,657.50	52,651.50			
05/01/2027	40,000	5.900%	52,657.50	92,657.50	145,315.00		
11/01/2027				51,477.50	51,477.50			
05/01/2028	45,000	5.900%	51,477.50	96,477.50	147,955.00		
11/01/2028				50,150.00	50,150.00			
05/01/2029	45,000	5.900%	50,150.00	95,150.00	145,300.00		
11/01/2029				48,822.50	48,822.50			
05/01/2030	50,000	5.900%	48,822.50	98,822.50	147,645.00		
11/01/2030				47,347.50	47,347.50			
0S/01/2031	50,000	5.900%	47,347.50	97,347.50	144,695.00		
11/01/2031				45,872.50	45,872.50			
05/01/2032	55,000	5.900%	45,872.50	100,872.50	146,745.00		
11/01/2032				44,250.00	44,250.00			
05/01/2033	60,000	5.900%	44,250.00	104,250.00	148,500.00		
11/01/2033				42,480.00	42,480.00			
05/01/2034	60,000	5.900%	42,480.00	102,480.00	144,960.00		
11/01/2034	65,000	5.900%	40,710.00	40,710.00			
05/01/2035			40,710.00	105,710.00	146,420.00		
11/01/2035				38,792.50	38,792.50			
05/01/2036	70,000	5.900%	38,792.50	108,792.50	147,585.00		
11/01/2036				36,727.50	36,727.50			
05/01/2037	75,000	5.900%	36,727.50	111,727.50	148,455.00		
11/01/2037				34,515.00	34,515.00			
05/01/2038	80,000	5.900%	34,515.00	114,515.00	149,030.00		
11/01/2038				32,155.00	32,155.00			
05/01/2039	85,000	5.900%	32,155.00	117,155.00	149,310.00		
11/01/2039				29,647.50	29,647.50			
05/01/2040	85,000	5.900%	29,647.50	l 14,647.50	144,295.00		
11/01/2040				27,140.00	27,140.00			
05/01/2041	95,000	5.900%	27,140.00	122,140.00	149,280.00		
I 1/01/2041				24,337.50	24,337.50			
05/01/2042	100,000	5.900%	24,337.50	124,337.50	148,675.00		
I l/01/2042				21,387.50	21,387.50			
05/01/2043	!05,000	5.900%	21,387.50	126,387.50	147,775.00		
11/01/2043				18,290.00	18,290.00			
Mar 27, 2018  4:46 pm						Page 13		

8

		BOND DEBT SERVICE				
		Canopy Community Development District			
		Special Assesmenl Bonds, Series 2018A-l			
Period		Coupon	Interest	Debt Service	Annual		
Ending	Principal				Debt Service		
		5.900%	18,290.00	128,290.00			
05/01/2044	110,000				146,580.00		
11/01/2044	115,000	5.900%	15,045.00	15,045.00	145,090.00		
05/0l/2045			15,045.00	130,045.00			
11/01/2045	125,000	5.900%	11,652.50	11,652.50	148,305.00		
05/01/2046			11,652.50	136,652.50			
11/01/2046	130,000	5.900%	7,965.00	7,965.00	145,930.00		
05/01/2047			7,965.00	137,965.00			
11/01/2047			4,130.00	4,130.00			
05/01/2048	140,000	5.900%	4,130.00	144,130.00	148,260.00		
							
	2,045,000		2,366,074.54	4,411,074.54	4,411,074.54		

Mar 27, 2018  4:46 pm	Page 14

9

Canopy Community Development District

Proposed Debt Service Fund Budget

Assessment Area 2 - Series 2018A-2 Bonds

													Proposed		Proposed						
	Description						Budget FY 2018	Budget FY 2019						
		Revenues															
		Assessments		- Tax Roll (Platted Lots)	$		$							
	Assessments - Direct (Unplatted Lots)	$		$	310,930						
		Bond Proceeds					$	351,514	$							
	Interest Income					$		$	250						
	Carry Forward Surplus					$		$	152,874						
	!Total Revenues					$	351,514	$	464,054	I		
		Ex enditure										152,874						
		Interest - 11/1					$		$							
		Principal - 5/1					$		$							
		Interest - 5/1					$		$	155,465	I		
	!Total Expenditures						$		$	308,339			
											
I Excess Revenues					$	351,514	$	15s,11s 1		
		Excess Revenues	$	351,514			Interest - 11/1	$	155,465						
		Less: Debt Service Reserve	$	{198,640)											
	Carry Forward Surplus	$	152,874													

10

		BOND DEBT SERVICE					
		Canopy Community Development District				
		Special Assesment Bonds, Series 20 I BA-2				
	Dated Date	05/04/2018					
	Delivery Date	05/04/2018					
Period		Coupon	Interest	Debt Sen•ice	Annual			
Ending	Principal				Debt Service			
11/01/2018			152,873.92	152,873.92	308,338.92			
05/01/2019			155,465.00	155,465.00				
11/01/2019			155,465.00	155,465.00	310,930.00			
05/01/2020			155,465.00	155,465.00				
11/01/2020			155,465.00	155,465.00	310,930.00			
05/01/2021			155,465.00	155,465.00				
11/01/2021	85,000	5.900%	155,465.00	155,465.00	395,930.00			
05/01/2022			155,465.00	240,465.00				
11/01/2022	90,000	5.900%	152,957.50	152,957.50	395,915.00			
05/01/2023			152,957.50	242,957.50				
l l/01/2023	95,000	5.900%	150,302.50	150,302.50	395,605.00			
05/01/2024			150,302.50	245,302.50				
11/01/2024	I00,000	5.900%	147,500.00	147,500.00	395,000.00			
05/01/2025			147,500.00	247,500.00				
I 1/01/2025	105,000	5.900%	144,550.00	144,550.00	394,100.00			
05/01/2026			144,550.00	249,550.00				
11/01/2026	110.000	5.900%	141,452.50	141,452.50	392,905.00			
05/01/2027			141,452.50	251,452.50				
11/01/2027			138,207.50	138,207.50	396,415.00			
05/01/2028	120,000	5.900%	138,207.50	258,207.50				
11/0)/2028	125,000	5.900%	134,667.50	134,667.50	394,335.00			
05/01/2029			134,667.50	259,667.50				
11/01/2029	135,000	5.900%	130,980.00	130,980.00	396,960.00			
05/01/2030			130,980.00	265,980.00				
I 1/01/2030	140,000	5.900%	126,997.50	126,997.50	393,995.00			
05/01/2031			126,997.50	266,997.50				
11/01/2031	150,000	5.900%	122,867.50	122,867.50	395,735.00			
05/01/2032			122,867.50	272,867.50				
1 J/01/2032	160,000	5.900%	118,442.50	ll8,442.50	396,885.00			
05/01/2033			118,442.50	278,442.50				
11/01/2033	165,000	5.900%	113,722.50	113,722.50	392,445.00			
05/01/2034			113,722.50	278,722.50				
11/01/2034	175,000	5.900%	108,855.00	108,855.00	392,710.00			
05/01/2035			108,855.00	283,855.00				
I l/01/2035	185,000	5.900%	103,692.50	103,692.50	392,385.00			
OS/01/2036			103,692.50	288,692.50				
11/01/2036	200.000	5.900%	98,235.00	98,235.00	396,470.00			
05/01/2037			98,235.00	298,235.00				
11/01/2037	210,000	5.900%	92,335.00	92,335.00	394,670.00			
0S/01/2038			92,335.00	302,335.00				
11/01/2038	225,000	5.900%	86,140.00	86,140.00	397,280.00			
05/01/2039			86,140.00	311,140.00				
11/01/2039	235,000	5.900%	79,502.50	79,502.50	394,005.00			
05/01/2040			79,502.50	314,502.50				
11/01/2040	250,000	5.900%	72,570.00	72,570.00	395,140.00			
05/01/2041			72,570.00	322,570.00				
11/01/2041	265.000	5.900%	65,195.00	65,195.00	395,390.00			
05/01/2042			65,195.00	330,195.00				
11/01/2042	280,000	5.900%	57,377.50	57,377.50	394,755.00			
05/01/2043			57,377.50	337,377.50				
1l/01/2043			49,117.50	49,117.50				
Mar 27, 2018  4:46 pm					Page	15		

11

		BOND DEBT SERVICE				
		Canopy Community Development District			
		Special Assesment Bonds, Series 2018A·2			
Period	Principal	Coupon	Interest	Debt Service	Annual		
Ending					Debt Service		
05/01/2044	295,000	5.900%	49,117.50	344,117.50	393,235.00		
11/01/2044	315,000	5.900%	40,415.00	40,415.00	395,830.00		
05/01/2045			40,415.00	355.415.00			
11/01/2045	330,000	5.900%	31,122.50	31,122.50	392,245.00		
05/01/2046			31,122.50	361,122.50			
11/01/2046	350,000	5.900%	21,387.50	21,387.50	392,775.00		
05/01/2047			21,387.50	371,387.50			
I 1/01/2047	375,000	5.900%	11,062.50	11,062.50	397,125.00		
05/01/2048			11,062.50	386,062.50			
							
	5,270,000		6,320,438.92	11,590,438.92	I 1,590,438.92		

Mar 27, 2018  4:46 pm	Page 16

12

Canopy Community Development District

Proposed Debt Service Fund Budget

Assessment Area 3 - Series 2018A-3 Bonds

													Proposed		Proposed				
	Description						Budget FY 2018	Budget FY 2019				
	Revenues													
	Assessments		- Tax Roll (Platted Lots)	$		$					
Assessments - Direct (Unplatted Lots)	$	325,308	$	287,625				
	Bond Proceeds					$		$	250				
	Interest Income					$		$					
Carry Forward Surplus					$		$	141,416				
!Total																		
			Revenues					$	325,308	$	429,291	1		
	Expenditure										141,416				
	Interest - 11/1					$		$					
	Principal - 5/1					$		$	143,813				
	Interest - 5/1					$		$		I		
													$	285,228			
!Total Expenditures					$						
										I			
I Excess Revenues					$	325,308	$	144,062				
	Excess Revenues	$	325,308			Interest - 11/1	$	143,813				
	Less: Debt Service Reserve	$	(183,893)									
	Carry Forward Surplus	$	141,416											

13

		BOND DEBT SERVICE				
		Canopy Community Development District			
		Special Assesment Bonds, Series 20 l 8A-3			
	Dated Date	05/04/2018				
	Delivery Date	05/04/2018				
Period	Principe!	Coupon	Interest	Debt Service	Annual		
Ending					Debt Service		
11/01/2018			141.415.63	141,415.63	285,228.13		
05/01/2019			143,812.50	143,812.50			
11/01/2019			143,812.50	143,812.50	287,625.00		
05/01/2020			143,812.50	143,812.50			
11/01/2020			143,812.50	143,812.50	287,625.00		
05/01/2021			143,812.50	143,812.50			
11/01/2021	80.000	5.9000/a	143,812.50	143,812.50	367,625.00		
05/01/2022			143,812.50	223,812.50			
I 1/01/2022	80,000	5.900%	141,452.50	141,452.50	362,905.00		
05/01/2023			141,452.50	221,452.50			
11/01/2023	85,000	5.900%	139,092.50	139,092.50	363,185.00		
05/01/2024			139,092.50	224,092.50			
11/01/2024	90,000	5.900%	136,585.00	136,585.00	363,170.00		
05/01/2025			136,585.00	226,585.00			
11/01/2025	95,000	5.900%	133,930.00	133,930.00	362,860.00		
05/01/2026			133,930.00	228,930.00			
11/01/2026	105,000	5.900%	131,127.50	l31,l27.50	367,255.00		
05/01/2027			131,127.50	236,127.50			
11/01/2027	110,000	5.900%	128,030.00	128,030.00	366,060.00		
05/01/2028			128,030.00	238,030.00			
11/01/2028	115,000	5.900%	124,785.00	124,785.00	364,570.00		
05/01/2029			124,785.00	239,785.00			
11/01/2029	125,000	5.900%	121,392.50	121,392.50	367,785.00		
05/01/2030			121,392.50	246,392.50			
11/01/2030	130,000	5.900%	117,705.00	117,705.00	365,410.00		
05/01/2031			117,705.00	247,705.00			
ll/01/2031	140,000	5.900%	113,870.00	113,870.00	367,740.00		
05/01/2032			113,870.00	253,870.00			
11/01/2032	145,000	5.900%	!09,740.00	109,740.00	364,480.00		
05/01/2033			109,740.00	254,740.00			
I 1/01/2033	155,000	5.900%	IOS,462.50	105,462.50	365,925.00		
05/01/2034			IOS,462.50	260,462.50			
l l/01/2034	165,000	5.900%	100,890.00	100,890.00	366,780.00		
05/01/2035			100,890.00	265,890.00			
11/01/2035	175,000	5.900%	96,022.50	96,022.50	367,045.00		
05/01/2036			96,022.S0	271,022.50			
11/01/2036	185,000	5.900%	90,860.00	90,860.00	366,720.00		
05/01/2037			90,860.00	275,860.00			
11/01/2037	195,000	5.900%	85,402.50	85,402.50	365,805.00		
05/01/2038			85,402.50	280,402.50			
11/01/2038	205,000	5.9000/4	79,650.00	79,650.00	364,300.00		
05/01/2039			79,650.00	284,650.00			
11/01/2039	220,000	5.900%	73,602.50	73,602.50	367,205.00		
05/01/2040			73,602.50	293,602.50			
11/01/2040	230,000	5.900%	67,112.50	67,112.50	364,225.00		
05/01/2041			67,112.50	297,112.50			
11/01/2041	245,000	5.900%	60,327.50	60,327.50	365,655.00		
05/01/2042			60,327.50	305,327.50			
11/01/2042			53,100.00	53,100.00	366.200.00		
05/01/2043	260,000	5.900%	53,100.00	313,100.00			
I 1/01/2043			45,430.00	45,430.00			
Mar 27, 2018 4:46 pm					Page 17		

14

		BOND DEBT SERVICE				
		Canopy Community Development District			
		Special Assesment Bonds, Series 2018A-3			
Period	Principal	Coupon	Interest	Debt Service	Annual		
Ending					Debt Service		
05/01/2044	275,000	5.900%	45,430.00	320,430.00	365,860.00		
11/01/2044				37,317.50	37,317.50			
05/01/2045	290,000	5.900%	37,317.50	327,317.50	364,635.00		
11/01/2045				28,762.50	28,762.50			
05/01/2046	305,000	5.900%	28,762.50	333,762.50	362,525.00		
11/01/2046				19,765.00	19,765.00			
05/01/2047	325,000	5.900%	19,765.00	344,765.00	364,530.00		
11/01/2047				l0,177.50	10,177.50			
05/01/2048	345,000	5.900%	l0,177.50	355,177.50	365,355.00		
								
	4,875,000			5,851,288.13	JO, 726,288.13	10,726,288.13		

Mar 27, 2018  4:46 pm	Page 18

15

CJ)

m -0I 0
z
><

RESOLUTION 2018-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF
THE CANOPY COMMUNITY DEVELOPMENT DISTRICT

APPROVING REQUEST FOR PROPOSAL DOCUMENTS
FOR  THE  UNITS  4/5  INFRASTRUCTURE  PROJECT;
PROVIDING	A   SEVERABILITY   CLAUSE;   AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Canopy Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes (the "Act"); and

WHEREAS, the Act authorizes the District to construct, acquire, operate and maintain public infrastructure improvements; and

WHEREAS, it is in the District's best interests to competitively solicit proposals through a Request for Proposals ("RFP") process for the construction of infrastructure within Units 4 and 5 within the District and other related improvements (the "Project"); and

WHEREAS, the Board of Supervisors of the District (the "Board") desires to authorize the distribution and issuance of the RFP for the Project, and desires to approve the RFP Notice, Instructions to Proposers, and Evaluation Criteria to be included therein in substantially the form attached hereto as Composite Exhibit A; and

WHEREAS, the Board desires to authorize the Chairman, in consultation with District staff, to effectuate any further revisions to the Project Manual, including the documents attached as Composite Exhibit A to this Resolution, as is in the best interests of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF  SUPERVISORS  OF  THE  CANOPY  COMMUNITY

DEVELOPMENT DISTRICT:

SECTION 1. All of the representations, findings and determinations contained above are recognized as true and accurate, and are expressly incorporated into this Resolution.

SECTION 2. The Board hereby approves the distribution and issuance of the RFP for the Project, and approves in substantial form the RFP Notice, Instructions to Proposers, and Evaluation Criteria as attached hereto as Composite Exhibit A, which documents may be subject to further review and revision by District staff, as finally approved by the District's Chairman. The Board further authorizes the Chairman, in consultation with District staff, to finalize the RFP Project Manual and authorizes issuance of the publication of the RFP Notice as finally approved.

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

1

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 5th day of June, 2018

CANOPY COMMUNITY
DEVELOPMENT DISTRICT

Chairman, Board of Supervisors

Composite Exhibit A:     RFP Notice

Instructions to Proposers

Evaluation Criteria

2

COMPOSITE EXIDBIT A

CANOPY

COMMUNITY

DEVELOPMENT DISTRICT

PROJECT MANUAL

FOR

CONSTRUCTION SERVICES FOR

INFRASTRUCTURE IMPROVEMENTS - UNITS 4AND5

June_,2018

C A N O P Y C O M M U N I T Y D E V E L O P M E N T D I S T R I C T

REQUEST FOR PROPOSALS FOR

CONSTRUCTION SERVICES FOR INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

TABLE OF CONTENTS

I.	Project Information Package

A.	Request for Proposals
B.	Instructions to Proposers
C.	Evaluation Criteria

D.	Form of EJCDC Contract - Standard Form of Agreement Between Owner and Contractor (Stipulated Price)
1.  Standard General Conditions of the Construction Contract
	2. Supplementary Conditions to General Conditions E. Form of Payment and Performance Bonds

II.	Proposal Submission Package

A.	Official Proposal Form
B.	Organizational Information of Proposer

C.	Proposed List of Subcontractors

D.	Certificate of Corporate Principal/Affidavit of Proposer

E.	Sworn Statement Regarding Discrimination

F.	Sworn Statement Regarding Scrutinized Companies
G.	Sworn Statement Regarding Public Entity Crimes

H.	Trench Safety Affidavit
I.	Affidavit of Non-Collusion

J.	Minimum Qualifications Statement

K.	Summary of Costs and Schedule III. Plans and Specifications

A.	Units 4 and 5 Construction Plans
B.	Engineer's Estimated Quantities (ESTIMATE ONLY)

C.	Index of Sheets
D.	Copies of Available Permits and Supporting Documentation (multiple sheets)

E.	Technical Specifications

IV.  Report of Geotechnical Exploration

CANOPY COMMUNITY DEVELOPMENT DISTRICT

REQUEST FOR PROPOSALS

CONSTRUCTION SERVICES FOR INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

Notice is hereby given that the Canopy Community Development District ("District") will receive proposals for the following District project:

Units 4 and 5 Infrastructure Construction Project

The contract will require contractors to provide for the construction, labor, materials and equipment necessary to construct and install certain Units 4 and 5 infrastructure improvements and other associated scopes necessary to complete such improvements, as more particularly described in the Project Manual and in accordance with the plans and specifications. Generally the project will consist of the installation of the public infrastructure improvements related to Units 4 and 5 of the Canopy development, including site work associated with water, wastewater, stormwater, roadway and sidewalk facilities, as shown on the construction plans.

The Project Manual will be available beginning June_ _ , 2018 at I :00 P.M. EST at the offices of the District Engineer, Greenman-Pedersen, Inc. (GPI), located at 1590 Village Square Blvd., Tallahassee, Florida 32309 for the sum of $150.00 per Project Manual. Purchase of the Project Manual is mandatory. Failure to purchase the Project Manual as specified herein may preclude the District's consideration of a proposal submitted by the proposer. . Each Project Manual will include, but not be limited to, the Request for Proposals, proposal submission package including the contract documents, and construction plans and specifications. Please make checks payable to the Canopy Community Development District.

There  will  be  a	mandatorv  pre-proposal  conference  at  the	Project	site,  located	at	
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	, o n - - - - - - - -		2018	at _ _ _	.m.	
Failure to attend the mandatory pre-proposal conference may preclude the District's consideration of a proposal submitted by a non-attending proposer.

Proposals will be evaluated in accordance with the criteria included in the Project Manual. The

District reserves the right to reject any and all proposals, make modifications to the work, award the contract in whole or in part with or without cause, provide for the delivery of the project in phases, extend or contract the work, and waive minor or technical irregularities in any Proposal, as it deems appropriate, if it determines in its discretion that it is in the District's best interests to do fil!.:. Any protest of the terms and specifications must be filed with the District within seventy-two (72) hours of pickup of the Project Manual, together with a protest bond in a form acceptable to the District and in the amount of $10,000. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses and attorney's fees associated with hearing and defending the protest. Failure to timely file a protest will result in a waiver of proceedings under Chapter 190, Florida Statutes, and other law.

Firms desiring to provide construction services for the referenced project must submit eight (8) hard copies and one (1) electronic copy of the required proposal no later than 3 :00 P-.m. on July _ , 2018 at the offices of the District Engineer, Greenman-Pedersen, Inc., located at 1590 Village Square Blvd, Tallahassee, FL 32309, where the proposals will be publicly opened consistent with Florida law.

Additionally, as further described in the Project Manual, each proposer shall supply a bid bond or cashier's check in the sum equal to five percent (5%) of the total amount of the bid with its proposal.

Proposals shall be in the fonn provided in the Project Manual and submitted in a sealed envelope pursuant to the Instructions to Proposers. The District reserves the right to return unopened to the Proposer any

Proposals received after the time and date stipulated above. Each proposal shall remain binding for a minimum of one hundred and twenty (120) days after the Proposal opening. The successful Proposer will

be required upon award to furnish a payment and performance bond for one hundred percent (100%) of the value of the contract, with a Surety acceptable to the District, in accordance with Section 255.05,
Florida Statutes.

All questions regarding the Project Manual or this project shall be directed in writing only to the District Engineer, Alan Wise, awise@gpinet.com, with a copy to Jennifer Kilinski, at jenk@hgslaw.com
by 5:00 p.m. on	. 2018. No phone inquiries please.

Canopy Community Development District
District Manager

Run Date: _ _ _ _ _    _

CANOPY COMMUNITY DEVELOPMENT DISTRICT

INSTRUCTIONS TO PROPOSERS

CONSTRUCTION SERVICES FOR INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

Solicitation and Award Process:

DATE				EVENT	
June	. 2018			Notice ofRFP Published & Posted	
June	.2018			RFP Available for Pick-Up				
June	. 2018			Pre-Bid Meeting			
June	- July	, 2018	Site Available for Inspection			
July	. 2018			Deadline for Questions			
Julv	. 2018			Proposals Due / Public Opening				
August	. 2018	Board Meeting to Evaluate Proposals & Award Contract		

SECTION 1.	DUE DATE.	Sealed proposals must be received no	later than 3:00 p.m.,	
_ _ _ _ _ _ _ _ _ _ _ _	,	2018 at the offices of the District	Engineer, Greenman-	
Pedersen, Inc., located at 1590 Village Square Blvd, Tallahassee, FL 32309. Proposals will be publicly opened at that time.

SECTION 2.	MANDATORY PRE-PROPOSAL CONFERENCE.  A mandatory pre-proposal	
conference   will	be   held   on	this   Project	at  the	Project   site,	located	at	
_ _ _ _ _ _ _ _ _ _ _ _	, on	_ _ _ _ _ _ _ _	,	2018 a t _ : _ _	.m.  The	pre-	
proposal conference may include, but not be limited to, a discussion of contract requirements,	
inspections, evaluations and submittal requirements. The District reserves the right to preclude consideration of a Proposal from any Proposer that does not have an authorized representative present at said conference.

SECTION 3. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, or longer period if extended by the District in its sole discretion, the Proposer shall enter into and execute the contract in substantially the form included in the Project Manual, unless requested otherwise by the District. The Proposal shall be submitted with the understanding that the Proposer will not withdraw its Proposal for a period of one hundred and twenty (120) days after proposals are received. Upon contract award, the successful Proposer will be required to furnish a payment and performance bond in compliance with Section 255.05, Florida Statutes, and executed in a form acceptable to the District and in the sum equal to one hundred percent (100%) of the total amount of the contract value concurrent with execution of the contract.

SECTION 4. SIGNATURE ON PROPOSAL. In addition to executing all forms, affidavits, and acknowledgments for which signature and notary blocks are provided, the Proposer must correctly identify and acknowledge receipt of all Addenda on the Proposal Form. If the Proposal is made by an individual, that person's name and business address shall be shown. If made by a

partnership, the name and business address of an authorized member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name

of the state under the laws of which the corporation was chartered. Anyone signing the Proposal as agent shall file with the Proposal legal evidence of his or her authority to do so.

SECTION 5. FAMILIARITY WITH THE LAW. By submitting a Proposal, the Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve

it from responsibility to perform the work covered by the Proposal in compliance with all such laws, ordinances and regulations.

SECTION 6.   QUALIFICATIONS OF THE PROPOSER. The contract, if awarded, will only
be awarded to a responsible Proposer who is qualified by experience to do the work specified
herein. The Proposer shall submit with its Proposal satisfactory evidence of experience in similar work and show that it is fully prepared with the necessary organization, capital, and

equipment to complete the work to the satisfaction of the District.

SECTION 7.   SUBMISSION OF ONLY ONE PROPOSAL. Proposers may be disqualified and
their proposals rejected if the District has reason to believe that collusion may exist among Proposers, the Proposer has defaulted on any previous contract, or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 8.   INTERPRETATIONS AND ADDENDA. All questions about the meaning or

intent of the Project Manual are to be directed in writing only to the District Engineer, Alan Wise, awise@gpinet.com, with a copy to Jennifer Kilinski, at jenk@hgslaw.com. All questions must be received no later than 5:00 p.m. on _ _ _ _ _ _ _., 2018 to be considered.

Interpretations or clarifications considered necessary by the District representative in response to such questions will be issued by Addenda e-mailed, faxed or otherwise delivered to all parties
recorded as having received the Project Manual. Only questions answered by formal written Addenda will be binding. No interpretations will be given verbally. All questions and answers
will be distributed to all Proposers. No inquiries will be accepted from subcontractors - the Proposer shall be responsible for all queries.

An interpretation, correction, or change of the Proposal Documents considered necessary
by the District Engineer will be made by Addendum and sent via mail, fax, email or delivery to all parties having received the Proposal Documents. Prior to submitting its Proposal, each

Proposer shall ascertain that it has received all Addenda issued. and it shall acknowledge such receipt in the space provided in the Proposal Form. No inquiries will be accepted from subcontractors - the Proposer shall be responsible for all queries.

SECTION 9. SUBMISSION OF PROPOSALS. Submit eight (8) hard copies and one ( 1) electronic copy of a completed Project Manual, including any Addenda thereto, at the time and
place indicated herein, which shall be enclosed in an opaque, sealed envelope, marked with the project title and name and address of the Proposer and accompanied by the required documents.

If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with a notation, "RESPONSE TO REQUEST FOR

PROPOSALS - CANOPY CDD - UNITS 4 AND 5 PROJECT" on the face of it. Proposals shall be deposited at the designated location prior to the time and date for receipt of Proposals

indicated in the Request for Proposal, or any time extension thereof made by Addendum. Proposer shall assume full responsibility for timely delivery at location designated for receipts of Proposals. Proposals received either in person, or by mail after the time and date for receipt of Proposals will not be accepted and will be returned unopened. Oral, telephonic, or email Proposals are invalid and will not be considered.

SECTION 10.  PROPOSAL MODIFICATION; INQUIRIES BY THE DISTRICT. Proposals may

be modified by an appropriate document duly executed and delivered to the place where Proposals are to be submitted at any time prior to the time Proposals are due provided that they are then fully in conformance with these Instructions to Proposers. Prior to the time and date designated for receipt of Proposals, Proposals submitted early may be modified or withdrawn only by an appropriate document duly executed (in the manner that a Proposal must be executed)

and hand-delivered by notice to the party receiving Proposals at the place and prior to the time designated for receipt of Proposals. A Proposal may not be modified, withdrawn or canceled by
the Proposer for one hundred twenty (120) calendar days following the time and date designated for the receipt of Proposals, and Proposer so agrees in submitting his Proposal. The District reserves the right to ask clarification questions and seek additional information from any of the Proposers at any time.

SECTION 11.  PROJECT MANUAL. The Project Manual will be available on June _ _  ,
2018 at 1:00 p.m. through _ _ _ _ _ _ _	, 2018 at _ _ _ _	.m. [End before mandatory	
pre-bid], at the offices	of the Greenman-Pedersen, Inc., located at 1590 Village Square Blvd,	
Tallahassee, FL 32309,	(850) 668.5211.			

SECTION 12. PROPOSAL FORM. The Proposal Form is included with the Proposal Documents. All blanks on the Proposal Form shall be filled in by typewriter or manually printed

in black ink. In making its Proposal, each Proposer represents that it has read and understands the Proposal Documents and that the Proposal is made in accordance therewith. Where so
indicated by the makeup of the Proposal Form, sums shall be expressed in both words and figures. Any interlineations, alteration or erasure must be initialed by the signer of the Proposal;

failure to do so may cause the Proposer's proposal to be considered non-responsive. Proposer shall make no stipulation on the Proposal Form nor qualify his Proposal in any manner; to do so
may classify the Proposal as being non-responsive. The Proposal Form shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Proposal Form). Each copy of the Proposal Form shall include the company name, address, telephone number, facsimile number, and legal name of Proposer and a statement whether

Proposer is sole proprietor, a partnership, a corporation or any other legal entity, and each copy shall be signed by the person or persons legally authorized to bind the Proposer to a contract. A

Proposal by a corporation shall further give the state of incorporation. A Proposal submitted by an agent shall have a current Power of Attorney attached certifying agent's authority to bind the

Proposer.

Proposals must be priced on a Total Lump Sum Price (not to exceed) basis for the

Work described in the Proposal.

SECTION 13.  PROPOSAL  SECURITY  {PROPOSAL  BOND).    The  Proposal  shall  be
accompanied by Proposal Security in the form of a Proposal Bond executed by the Proposer and a surety duly qualified to do business in the State of Florida, and countersigned by a Florida resident agent, or either a certified or cashier's check drawn on any national bank in an amount equal to five percent (5%) of the Proposal amount made payable to the Canopy Community Development District. Said Proposal Security guarantees the Proposer will not withdraw from

the competition after opening the Proposals and, in the event the Contract is awarded to the Proposer, it will execute the Contract and furnish the required payment and performance bonds

within seven (7) calendar days after notification. The Proposal Security shall be submitted with the understanding that the Proposer will not withdraw its Proposal for a period of one hundred
twenty (120) days after the Proposals are received. If it withdraws or fails to provide the payment and performance bonds, the Proposal Security and all proceeds therefrom shall become
the	property of the District.  After Proposals have been satisfactorily evaluated by the District,	
the	Proposal Securities accompanying Proposals, which in the District's judgment would not	
likely be considered for the award, may be returned. All other Proposal Securities will be held until the award has been made and executed, after which the Proposal Securities will be returned to the respective Proposers who tendered same.

SECTION 14.  SUBCONTRACTORS, SUPPLIERS AND OTHERS. Each Proposer shall submit

to District a list of Subcontractors and major materials suppliers to be used if awarded the contract. A copy of the form to be submitted is provided in the Proposal Form and shall be completed as part of Proposer's Proposal. Such listing shall include the name of each Subcontractor where the amount of their work exceeds five percent (5%) of the Contract Price. If no Subcontractors are required, so state thereon. Upon request by the District Engineer, the successful Proposer shall submit, within five (5) days thereafter, all data required to establish to the satisfaction of the District Engineer and District, the reliability and responsibility of the

proposed Subcontractors to furnish and perform the work described in the Sections of the Specifications pertaining to such proposed Subcontractor's respective trades. Prior to the award
of the Contract, the District Engineer will notify the Proposer in writing if either the District or the District Engineer, after due investigation, has reasonable and substantial objection to any
person or organization proposed as a Subcontractor. The Proposer then may, at his option, withdraw his Proposal without forfeiture of Proposal Security or submit an acceptable substitute

at no increase in Proposal price. If the Proposer fails to submit an acceptable substitute within five (5) days of the original notification, the District then may, at its option, disqualify the
Proposer, at no cost to the District, and award the contract to the next highest ranked Proposer that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The declining to make requested substitutions will not constitute grounds for sacrificing the

Proposal security of any Proposer.

Subcontractors and other persons and organizations proposed by the Proposer and
accepted by the District and the District Engineer must be used on the work for which they were proposed and accepted and shall not be changed except with the written approval of the District
and District Engineer. Contractor shall not subcontract more than fifty percent (50%) of the Proposal amount without prior approval of the District and District Engineer.

SECTION 15. FLORIDA TRENCH SAFETY ACT. Proposers shall complete and submit the Florida Trench Safety Act Statements, in accordance with the requirements of Chapter 553,

Florida Statutes. If trenching is not required for this project, state so thereon. Contractor shall be responsible for compliance with all trenching shoring safety requirements. All subcontractors

(if any) must complete and sign the Trench Safety Act Statement prior to the Notice to Proceed.

SECTION 16.  MINIMUM  QUALIFICATIONS  OF  THE  PROPOSER.   The  contract,  if
awarded, will only be awarded to a responsible Proposer who is qualified by experience to do the work specified herein. Minimum qualifications for the work are: (1) Proposer will have constructed three (3) improvements similar in quality and scope with a minimum cost of $2,500,000 within the last seven (7) years; (2) Proposer will have minimum bonding capacity of $5,000,000 from a Surety Company acceptable to the District; (3) Proposer is authorized to do business in Florida; and (4) Proposer is registered with Leon County and is a licensed contractor in the State of Florida. The Proposer shall submit with its Proposal satisfactory evidence of

suitable experience in similar work and show that it is fully prepared with the necessary organization, capital, and equipment to complete the work to the satisfaction of the District.

Furthermore, the proposer shall submit satisfactory evidence that the Proposer meets the minimum qualifications set forth in the Minimum Qualifications Statement contained in the

Project Manual.

SECTION 17.  PERFORMANCE AND PAYMENT BONDS.  Each Proposer shall submit a

Letter of Qualification from an acceptable Surety Company (on Surety letterhead), stating that

the Proposer is bondable for the amounts required by the Contract Documents. To be responsible to the District as Surety on Bonds, Surety shall comply with the following provisions:

A.	Surety must be licensed to do business in the State of Florida.

B.	Surety must have been in business and have a record of successful continuous operations for at least three (3) years.

C.	Surety must have fulfilled all of its obligations on all other bonds given to the District, if applicable.

D.	Surety must have good underwriting, economic management, adequate reserves for undisclosed liabilities, and net resources for unusual stock and sound investment.

Upon contract award, the successful Proposer will be required to furnish Payment and

Performance Bonds in compliance with section 255.05, Florida Statutes, and executed in the form included in the Proposal Documents and in the sum equal to one hundred percent (100%) of

the total amount of the contract value concurrent with execution of the contract, with such acceptable sureties, secured through the Proposer's usual sources as may be agreeable to the

parties. The Proposer shall deliver the required bonds to the District Engineer and District no later than the date of execution of the Contract. The Proposer shall require the Attorney-in-Fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current

copy of his Power of Attorney authorizing his firm to act as agent for the Surety in issuing the bonds.

Subsequent to the Contract Execution but prior to and as a condition of the issuance of the
Notice to Proceed, the Proposer shall have the Payment and Performance Bonds recorded in the Leon County Clerk of the Courts Recording Department. After the bonds have been recorded
and assigned a book and page number, the Proposer shall provide the District and District Engineer with copies of said recorded bonds. No work can commence until the required bonds

have been delivered to the District and the District Engineer. Upon receipt of the bonds the District may issue a Notice to Proceed.

SECTION 18.  SCHEDULE OF VALUES.  Proposer shall submit a Schedule of Values for
the proposed Work for review and approval by the District and District Engineer. The Schedule of Values for all of the Work will include quantities and prices of items derived by the Proposer

aggregating the Total Lump Sum Price. Each section shall contain integral component parts of the Work in sufficient detail to serve as the basis for future progress payments and shall be utilized as the basis for additions and deletions to the Work during construction. Such prices will

include an appropriate amount of overhead and profit applicable to each main section. If the Proposer does not provide an acceptable Schedule of Values to meet the requirements established herein, the District reserves the right to disqualify the Proposal.

SECTION 19. PROJECT SCHEDULE. An Initial Project Schedule shall be submitted with the Proposal in accordance with the Contract Documents and shall not exceed the time stipulated as the Contract Time. The District reserves the right to base the award of the Contract subject to the submission of a schedule which is not qualified and identifies the duration of the Work all inclusive of the complete and functioning project from beginning to end, within the prescribed Contract Times.

SECTION 20.  BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to

reject any and all proposals, make modifications to the work, award the contract in whole or in part with or without cause, provide for the delivery of the project in phases, and waive minor or technical irregularities in any Proposal, as it deems appropriate, if it determines in its discretion that it is in the District's best interests to do so.

SECTION 21. GROUNDS FOR REJECTION. Proposers may be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among Proposers,

the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, for Proposer's failure to demonstrate proper licensure and business organization, if a
Proposal identifies a duration of the Work which in the District's evaluation, is not all inclusive of a complete and functioning project from beginning to end, within the provided Contract Times

of Completion. The District shall also have the right to reject any or all Proposals if the District believes that it would not be in the best interest of the District to make an award to that Proposer,
whether because the Proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District.

Any or all Proposals in which the prices are obviously unbalanced, nonconforming, or conditional are subject to rejection. Proposals not accompanied by any required Proposal

Security including data required by the Proposal Documents or a Proposal in any way incomplete or irregular will provide a basis for rejection.

SECTION 22.  INSURANCE. All Proposers shall include as part of their Proposal a current

Certificate of Insurance detailing the company's insurance coverage, or some other evidence of insurance or insurability. In the event the Proposer is notified of award, it shall provide proof of

insurance identifying the District, its staff, employees, officers, agents and supervisors as additional insureds, within fourteen ( 14) calendar days after notification, or within such approved extended period as the District may grant. Failure to provide proof of insurance coverage shall constitute a default.

SECTION 23. FINANCIALS. The Proposer should as part of its Proposal submit proof of financial capability. In the event the Proposer is notified of award, it shall provide sufficient proof of financial capability, including, if requested, audited financial statements from the last three years, as required in the sole discretion of the District.

SECTION 24.  SPECIAL PROJECT/SITE CONDTTIONS. By submitting their Proposal, the
Proposer acknowledge	that	the.  ha	e visited the	project	ite and	have	b come	familiar	with	
acces  rout s	to	the	pr je t	site	and	x1stmg	ite  conditions.	Propo	er	agrees	to	take	
responsibilit	for	an	and	all	issues relating to	acce	to	the project	site	or	ari	ing	from	
un uitabJe	il	.	including	but	not	limit d t , varying	oil condition	.	inkholes.	etc.	No	
additional	co t	will be	charg d b	Propo	r for matters a	ociated	with	project	site	acce	or	
un uitable	oil .																	

SECTION 25. INDEMNIFICATION. The successful Proposer shall fully indemnify and hold harmless the District, its staff, employees, officers, agents and supervisors from and against all claims, damages, costs and losses arising, in whole or in part, fro}TI Contractor's negligence or breach of contract, as more fully set forth in the Contract Documents provided herein.

SECTION 26. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in section 768.28, Florida Statutes, or other statute or law.

SECTION 27.  MISCELLANEOUS  PROPOSAL  REQUIREMENTS.   All  Proposals should

include the following information in addition to any other requirements of the Project Manual:

A.	Completed Proposal Documents section.

B.	Detailed project construction schedule which shall be used m the Proposal evaluation.

C.	Complete Schedule of Values.

D.	List position or title and corporate responsibilities of key management or supervisory personnel. Proposer should include resumes for each person listed.

E.	Describe proposed staffing levels. Include information on current operations, administrative, maintenance and management staffing of both a professional and technical nature. Proposer should include resumes with applicable certifications.

F.	Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person. Highlight previous or currently contracted work with other community development districts.

G.	A copy of its insurance certificate indicating the types of coverage and limits for general, property, automobile liability insurance, and worker's compensation insurance.

H.	Certificate oflnsurance detailing the company's insurance coverage including the

types of coverage and limits for general, property, automobile liability, and worker's compensation insurance. In the event the Proposer is notified of award,
it shall provide proof of the insurance coverage identifying the District, its staff, engineer, architect, employees, officers, agents and supervisors as additional
insureds, as stated in the Contract form provided herein, within seven (7) calendar days after notification.

SECTION 20.  SUBSTITUTIONS.  The materials, products and equipment described in the
Proposal Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written
request for approval has been submitted by the Proposer and has been received by the District

Engineer at least ten (10) working days prior to the date for receipt of Proposals. Each such request shall include the name of the material or equipment for which it is to be substituted and a
complete description of the proposed substitute, including drawings, cuts, performance and test data and any other information necessary for an evaluation. A statement setting forth any changes in other materials, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitute is upon the Proposer. The District Engineer's decision of approval or disapproval of a proposed substitution

shall be final. If the District Engineer approves any proposed substitution, such approval will be set forth in an Addenda. Proposers shall not rely upon approval made in any other manner.

SECTION 28. ACKNOWLEDGMENTS. In addition to any other requirements set forth in the Project Manual, and with the signature on the Proposal Form, the Proposer acknowledges the following:

A.	All Proposals shall include completed copies of all other forms included within
the Project Manual and the Contractor is responsible for examining, completing, and verifying each item contained in its Proposal. Proposer agrees to indemnify,
defend and hold harmless the District and District Staff against any cost, damage, or expense which may be incurred in Proposer's preparation of the same.

B.	The documents contained within the Project Manual, including the standard form of agreement, are complementary; what is called for by one is binding as if called for by all. If the Contractor finds a conflict, error or discrepancy in the Project Manual, he/she shall call it to the District's and/or the District's designees' attention in writing before proceeding with the work affected thereby. The Contractor is responsible for carefully reviewing the documents contained in the Project Manual in their entirety and agrees to meet any and all requirements contained therein. The Construction Contract Documents are included herein as examples of forms of agreements typical for this type of project; the District reserves the right to modify the form of Construction Contract Documents if such modification is in the District's best interest.

C.	If awarded the Contract, the Proposer agrees that it will enter into and execute the Construction Contract, as amended to incorporate the specifics of its Proposal, to perform the Work in accordance with the terms and conditions of the Construction Contract and to execute and deliver the Payment and Performance
Bonds and other documents required by the Proposal requirements within seven
(7) calendar days after the date of the District's Notice of Award. The Contractor will commence construction in accordance with the terms of the contract documents.

D.	Proposer is responsible for visually inspecting the entire site prior to submitting a Proposal and notifying the District and/or its designee of discrepancies that may affect the construction progress, performance, and costs.

E.	The Contractor shall be responsible for coordinating the work necessary with all utility companies and other on-site contractors or subcontractors performing work for the District and others on site. Contractor shall be responsible for locating, removing and relocating utilities, both aerial and underground, as required for the performance of the work. This shall also include the coordination of, safety and protection associated with all aerial and underground facilities related to the work.

F.	If any are required, Contractor shall secure and pay for all fees associated with, but not limited to, paving and drainage construction permits, right-of-way construction permits, county "clearance sheet" permit, electrical permit, water and electrical meters (if applicable), installation fees, electrical inspection fees, building permit, temporary services and utilities, and other necessary permits or approvals.

G.	The Contractor shall complete the Work herein defined and detailed in a professional and workmanlike manner typical of the industry. There shall be no sections or parts missing. Furthermore, each portion of the work shall be complete and able to function for its intended use. The work must be continuous unless otherwise directed by the District. The work, including punch list items, must be acceptable to and accepted by applicable regulatory authorities.

H.	All storm drainage must be maintained to each property adjacent to project during construction. If this does not occur, the Contractor will be responsible for any damage that may result.

I.	The Contractor is responsible for establishment of all final grades and readiness of
all landscape and sod areas.   All existing trees,  sod, irrigation and other

landscaping to remain must be protected and replaced in the event of damage.

J.	Proposer acknowledges that any estimate of quantities of work to be done and materials to be furnished as shown in the Project Manual, or elsewhere, is for illustrative purposes only. The District and/or its designee do not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities or of the character, location of the work or other conditions pertaining thereto. Proposers shall be solely responsible for computing quantities for the preparation of the Proposal and the execution of the work.

K.	As part of the Proposal, the Proposer must include a detailed Schedule of Values. Further, the successful Proposer will be required to submit an itemized schedule of values outlining all work items which will be used for monthly pay requests. The schedule of values and Proposal must balance, both for purposes of the Proposal and for the pay requests. Proposer shall also submit a detailed construction schedule with the Proposal that outlines time frames for major work items. This schedule will be used in Proposal evaluation. The successful Proposer will be required to submit a revised progress schedule monthly with each pay request; the schedule shall show original timeline and progress to date.

L.	All necessary survey work must be provided by the successful Proposer.

M.	The Proposer shall specify subcontractors to be used for work where such work exceeds five percent (5%) of the Contract Price.

N.	The successful Proposer shall obtain and comply with the FDEP NPDES General Permit and maintain weekly records of site conditions and construction activities. The successful Proposer shall adhere to all Federal rules and regulations regarding the National Pollutant Discharge Elimination System (NPDES) for construction and ground water discharge. The Storm Water Pollution Prevention Plans establish the minimum requirements allowed. The successful Proposer shall implement additional measures, as required, to ensure compliance with the NPDES requirements. The successful Proposer shall file the required FDEP NOI prior to the commencement of construction activities. The successful Proposer will also be required to terminate NOI, per FDEP procedures, upon successful completion of construction activities.

0.    The successful Proposer shall also obtain and have analyzed dewatering discharge
samples before and after the commencement of construction in accordance with FDEP Generic Permit for the Discharge of Produced Groundwater. The

successful Proposer shall monitor and keep construction area in compliance with all NPDES, FDEP, WMD, ACOE, and Leon County latest rules and regulations. Any fines levied shall be paid by Contractor.

P.	Enclosed are report( s) of geotechnical exploration prepared by _ _ _ _ _    _
All construction shall be completed in accordance with this report.  The District

assumes no responsibility for accuracy of the report. Proposer is required to perform all testing and retesting, if necessary, and as required by the State of

Florida, Leon County, City of Tallahassee, and all other regulatory agencies prior to project acceptance. The entire site is available to any Proposer for surface or subsurface investigation and the Proposer is responsible for studying all reports of explorations and tests at or contiguous to the site and all drawings of physical
conditions in or relating to existing surface or subsurface structures.

Q.	The successful Proposer shall be responsible for coordinating the work necessary to complete and obtain all final approvals and acceptances. Receipt of all final approvals and operating permits from all applicable regulatory authorities is a requirement for final payment.

R.	All Work provided for in the Project Manual, including but not limited to Contract Documents and Proposal Documents, as may be amended, shall be warranted from commencement of the Work until twenty-four (24) months after acceptance by the District and all applicable regulatory authorities.

S.	Proposer is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work.

T.	All materials and services provided for by the Contractor shall be performed in strict compliance with all applicable governmental regulations, permits required, applicable American with Disabilities Act ("ADA") Accessibility Guidelines, local, state and federal laws. By entering into an Agreement, the Contractor will be required to recognize that the indemnification provided for in the Contract Documents additionally extends to any fines, penalties, enforcement actions and claims made regarding the materials, construction and/or installation failing to comply with the ADA.

SECTION 29. PROTESTS. Any person who wishes to protest any aspect of the Project Manual, including but not limited to the evaluation criteria, Contract Documents, drawings, specifications, Proposal Documents or any component thereof, shall file with the

District a written notice of protest within seventy-two (72) hours after the Project Manual is made available, and shall file a formal written protest setting forth with particularity the facts and

law upon which the protest is based within seven (7) calendar days after the date of timely filing the initial notice of protest. Filing will be perfected and deemed to have occurred upon receipt
by the District Manager, Governmental Management Services-Central Florida, LLC, 135 W. Central Blvd., Suite 320, Orlando, Florida 2801. Failure to timely file a notice of protest or

failure to timely file a formal written protest within the required periods shall constitute a waiver of any right to object to or protest the contents of the District's Project Manual.

Any person who files a notice of protest shall provide to the District, simultaneous with the filing of the notice, a protest bond with a responsible surety to be approved by the District
and in the amount equal to 1% of the anticipated total contract award that is the subject of the
protest. If the protest relates to the Project Manual, the protest bond shall be in the amount of Ten Thousand Dollars ($10,000.00). In the event the protest is successful, the protest bond shall

be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses and attorney's fees associated with hearing and defending the protest. In the event that the protest is settled, the protest bond may be applied as set forth in the settlement agreement. No Proposer shall be entitled to recover any costs of proposal preparation from the District, regardless of the outcome of any protest.

SECTION 30. EVALUATION OF PROPOSALS. The proposals shall be ranked based on the District's evaluation of the Proposer's ability to perform the services for the project as

demonstrated by, among other things, the documentation provided by the Proposer and reference checks of the Proposer's clients. The criteria to be used in the evaluation are presented in the
Evaluation Criteria sheet, contained within the Project Manual. Price will be one factor used in determining the Proposal that is in the best interest of the District, but the District explicitly and clearly reserves the right to make such award to other than the lowest priced Proposal. The ranking and evaluation of the Proposals is subject to the individual scorer's discretion and the points ultimately awarded to each Proposal, and corresponding ranking, may differ widely from individual scorer to individual scorer.

SECTION31.  MANDATORY  AND  PERMISSIVE  REQUIREMENTS.    Notwithstanding

anything else within the Project Manual, all of the requirements set forth in the Project Manual shall be deemed "permissive," in that a Proposer's failure to meet any requirement described in

mandatory terms such as "shall," "will," "mandatory," or similar language does not automatically disqualify the Proposer's Proposal, but instead may be taken into account in the
evaluation and scoring of the Proposal.

C A N O P Y C O M M U N I T Y D E V E L O P M E N T D I S T R I C T

E V A L U A T I O N C R I T E R I A

CONSTRUCTION SERVICES FOR INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

PERSONNEL	(20 POINTS)

E.g., geographic location of firm's headquarters; adequacy and capabilities of key personnel, including
the project manager and field supervisor; present ability to manage this project; evaluation of existing

work load; proposed staffing levels, etc.

EXPERIENCE AND AVAILABLE EQUIPMENT	(25 POINTS)

E.g., past record	and experience of the respondent in self performing similar projects; past performance	
for this District	and other community development district's in other contracts; character, integrity,	
reputation of respondent, etc. and equipment type; age and condition; quantity of equipment available; and	
number of trained operators	

UNDERSTANDING SCOPE OF WORK	(20POINTS)	
Demonstration of the Proposer's understanding of the project requirements.		
SCHEDULE	(15 POINTS)	
Points available for schedule will be allocated as follows:		

10 Points will be awarded to the Proposer submitting the proposal with the most expedited construction schedule (i.e., the fewest number of days) for completing the work. All other proposals will receive a
percentage of this amount based upon the difference between the Proposer's time proposal and the most expedited construction schedule.

5 Points are allocated for the Proposer's ability to credibly complete the project within the Proposer's schedule and demonstrate on-time performance.

PRICE	(20 POINTS)

Points available for price will be allocated as follows:

10 Points will be awarded to the Proposer submitting the lowest cost proposal for completing the work. All other Proposers will receive a percentage of this amount based upon the difference between the Proposer's bid and the low bid.

10 Points are allocated for the reasonableness of unit prices and balance of bid.

TOTAL POINTS	(100 POINTS)

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

AGREEMENT

BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT (STIPULATED PRICE)

Prepared by

EJCD
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE

Issued and Published Jointly by

ACEC

AMERICAN COUNCIL OF ENGINEERING COMPANIES

National Society of
Professional Engineers®

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

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

101515th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

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

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

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

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between   canopy Community Development District      ("Owner") and

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	("Contractor").	
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:

ARTICLE 2 - THE PROJECT

2.01	The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

ARTICLE 3 - ENGINEER

3.01	The part of the Project that pertains to the Work has been designed by Greenman-Pedersen, Inc. (GPI), located at 1590 Village Square Blvd., Tallahassee, Florida 32309.
3.02	The Owner has retained Greenman-Pedersen, Inc. (GPI) ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

4.01	Time 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.
4.02	Contract Times: Dates

A.  The Work will be	substantially completed on or before - - '	and completed and ready for	
final payment in	accordance with Paragraph 15.06 of the General Conditions on or before	

[or]

4.02	Contract Times: Days

A. The 'NerlE will be s1:1bstaRtiall • ceFRpleteel •NithiR elavs after the elate ·uheR the CeRtract TiFRes ceFRFRence te r1:1n as pre1.«ieleel in Paragraph 4.01 ef the GeAeral CeAelitiens, aAel cernpleteel aRel reaelv fer final pa•trnent in accerelaAce with Paragraph Hi.06 ef the GeReral Cenelitiens within i.............. ela•ts after the elate wheA the Centract TiFRes ceFRFReAce :te-R:ffr.-

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Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 ofB

*A.	Contractor   agrees   to   complete   all   work   described   herein   within

(	) days of the issuance of a Notice to Proceed.

B.	Parts efthe Werk sl'lall be s1:1bstaRtiall•1 ceFApleteEl eR er befere tl'le fellewiRg MilesteRe{s):

1.	Milestene 1 (e1.ieRt & etate/da•1sJ

2.	Milestene 2 (eYeRt & date/ElaysJ

3.	MilesteRe 3 (e•.ieRt & Elate/days)

4.03	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 and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1.	Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete.

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 $1000.00 for each day that expires after such time until the Work is completed and ready for final payment.

3.	Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently.

4. MilesteRes: CeRtracter shall pa1• Owner $i , fer each da•t tl'lat m<pires after tl'le time (as d1:1ly aej1:1sted p1:1rs1:1ant te tl'le CeRtract) specified aee•.ie fer achie,·ement ef Milestene 1, 1:1ntil Milestene 1 is achie·.ieEl.

ARTICLE 5 - CONTRACT PRICE

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

A.	For   all   Work   other   than   Unit   Price   Work,   a   lump   sum   of:

All specific cash allowances are included in the above price in accordance with Paragraph

13.02	of the General Conditions.

B.	!=or all Ynit Price Werk, an ame1:,1nt eet1:1al te the s1:1m ef tl'le eMteREled prices (establisheEl fer each separately identifieEl iteFA ef YRit Price Werl< by m1:,1ltipl·tiRg the 1:,1nit price times the act1:1al EfblaRtity ef that iteFR):

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I.IAil PFiEe tti.teFk

"8fR	QeseFiplieA	UM		
Ne-,				

lisliFAaloEI	4 J M	liHleAEleEf	
QwaAlil'J'	PfiEe	P+iEe	

Total of all E><teReleel PFiees f.er UR it Price 'NorlE {s1:1bject to fiAal aelj1:1stmeAt

Baseel OR act1:1al q1:1aRtities}

The e>EteReleel 13rices f.er UAit Price WerlE set forth as of the Effecti•,•e 9ate of the CeRtract are Baseel OR estiFRateel q1:1aAtities. As 13revieleel iA Paragraph 13.03 of the GeReral CoRelitioRs, estiFRateel q1:1aAtities are Rot g1:1araRteeel, aAel eleterFRiRatioAs of aet1:1al q1:1aRtities aAel classificatioRs are to Be FRaele By EAgiAeer.

C.	Total of L1:1FRp Sl:IFA AFROl:IRt aAel URit Price \tlJorl< {Sl:IBjeCt to fiAal URit Priee aeljl:IStFReRt}

D.	For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. 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.	OwRer shall FRake 13rogress 13a1;FReAts OR acee1:1At of the CoRtraet Price OR the Basis of
CoRtractor's A1313licatieAs fer PayFReAt OR er aBe1:1t the elay of each FRORth el1:1riAg 13erferFRaRee of the 'NorlE as 13ro1 rieleel iR Paragra13h 6.02.A.1 Below, 13ro1,cieleel that s1:1eh A1313lieati0Rs fer PaymeAt have BeeR s1:1BFRitteel iR a tiFRely FRaRAer aAel otherwise FReet the req1:1iremeRts ef the CeAtract. All sueh 13a1;FReRts will Be measureel B'f the Scheel1:1le of

Val1:1es estaBlishea as 13re•rielea iA the General CoRaitioRs {aRa iA the ease of UAit Price Vlork Baseel OR the Rl:IFRBer ef uAits eom13letea} or, iA the e•reRt there is Re Seheel1:1le of Val1:1es, as 13ro1,•ielea else1 Nhere iA the CeAtract.

1.	Prior ta S1:1BstaAtial Com13letioR, 13regress 13aymeRts will Be maae iA aR aFRe1:1Rt eq1:1al to the 13ereeAtage inelieateel Below t:11:1t, iR each ease, less the aggregate ef 13ayFReRts 13revie1:1sly FRaele aRa less s1:1eh aFR01:1Rts as Ovmer FRay withhela, iRel1:1eliRg Bl:lt Rat limiteel ta liq1:1iaatea aaFRages, iA aeeerelaRee with the CoRtract

	a. 13erceRt ef WerlE e0FR13letee {with the BalaAce Being retainage}. If the Werk has Been 50 13ereent c0m13leteel as eleterFRiReel By ERgiAeer, aRa if the character aRel 13r0gress of the 'NerlE ha1 re BeeR satisfaetery to Owner anel ERgiReer, theR as

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Ieng as the character anel 1=1regress ef the 1,0/erk remaiR satisfactory te Owner anel Engineer, there 1 # ill be no aelelitioAal retaiRage; a Rel

b. 1=1ercent of cast of materials aRel eeiui1=1meAt not incer1=1erateel iA the Werl< (with the balance beiRg retaiAagej.

8.	U1=10R SubstaRtial Gom1=1leti0R, Owner shall 1=1av an amouAt sufficient te increase total 1=1aymeRts te GoRtractor to:.....,._ 1=1erceRt of the 1Norl< comf)leteel, less such ameuRts set off

by Ovmer 1=1ursuaRt to llaragraph 15.Ql.E of the GeReral GoRelitioRs, anel less 1=1erceAt of ERgineer's estimate of the 1,alue of \6Jorl< to be comf)leteel or correcteel as shown on the puAch list of iteffls to be comf)leteel or correcteel prior to final 1=1ayFAent.

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

each payment.

6.03	Final Payment

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

ARTICLE 7 - INTEREST

7.01 All payments due and not made within the time prescribed by Section 218.735, Florida Statutes, shall bear interest at the rate of one percent (1%) per month on the unpaid balance in accordance with Section 218.74(7), Florida Statutes.

ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS

8.01	In order to induce Owner to enter into this Contract, Contractor makes the following representations:

A.	Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

	8. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C.	Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D.	Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if

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

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any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E.	Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs.

F.	Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

G.	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.

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

I.	The Contract Documents are generally sufficient to indicate and convey understanding of

all terms and conditions for performance and furnishing of the Work.

J.	Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 9 - CONTRACT DOCUMENTS

9.01	Contents

	A.   The Contract Documents consist of the following:

1.	This Agreement (pages.! t o  inclusive).

2.	Performance bond (pages.! to l , inclusive).

3.	Payment bond (pages _ L to _ L , inclusive).

4.	Other bonds.

	a.   IN/  (pages. ___ to ..........., inclusive).

5.	General Conditions (pages.! to 11, inclusive).

6.	Supplementary Conditions (pages.! to J, inclusive).

7.	Specifications as listed in the table of contents of the Project Manual.

8.	Drawings (not attached but incorporated by reference) consisting of the Drawings listed on the attached sheet index.
9.	Addenda (numbers_ to _ ,   inclusive).

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10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages_ to _ , inclusive).

11.	Addendum to Standard Agreement Regarding Insurance Requirements

12.	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.

b.	Work Change Directives.

c.	Change Orders.

d.	Field Orders.

B.	The documents listed in Paragraph 9.01.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 9.

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

ARTICLE 10 - MISCELLANEOUS

10.01	Terms

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

10.02	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

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 Documents.

10.03	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.

10.04	Severability

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

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10.05	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 10.05:

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.

10.06	Other Provisions

A.	Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract,
published	by the Engineers Joint Contract Documents Committee ®, and if Owner is	the	
party that	has furnished said General Conditions, then Owner has  plainly shown	all	

modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions.

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

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

This Agreement will be effective on ,._= = -     (which is the Effective Date of the Contract).

OWNER: Canopy Community Development	CONTRACTOR:

District

By:		By:	
Title:	Chairperson	Title:	

Attest:

Title:

Address for giving notices:

Governmental Management Services - Central Florida, LLC

135 W. Central Blvd., Suite 320

Orlando, Florida 32801

Phone: 407-841-5524

Fax: 407-839-1526

Attn: George S. Flint, District Manager

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

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence o f authority to sign.)

Attest:

Title:

Address for giving notices:

Phone:

Fax:

Attn:

License No.: - - - - - - - - - - - - - - -

(where applicable)

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

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

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 8

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

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

EJCD
ENGINEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

Issued and Published Jointly by

ACEC

AMERJCAN COUNCIL OF ENGINEERING C01'1l'ANIES

ASCE

National Society of
Professional Engineers®

•cs, Endorsed byc

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

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

These General Conditions have been prepared for use with the Agreement Between Owner and Contractor for Construction Contract (EJCDC ® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright © 2013:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

101515th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

{800) 548-2723

www.asce.org

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

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

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

Copyright© 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society o f Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

CANOPY	1

COMMUNITY DEVELOPMENT DISTRICT	1

ARTICLE 1 - WORK	1

1.01	Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:	1

ARTICLE 2 - THE PROJECT	1

2.01	The Project, of which the Work under the Contract Documents is a part, is generally

described as follows:	1

ARTICLE 3 - ENGINEER	1

3.01	The part of the Project that pertains to the Work has been designed by Greenman-

Pedersen, Inc. (GPI), located at 1590 Village Square Blvd., Tallahassee, Florida 32309	1

3.02   The Owner has retained Greenman-Pedersen, Inc. (GPI) ("Engineer") to act as Owner's

representative, assume all duties and responsibilities, and have the rights and authority assigned

to Engineer in the Contract Documents in connection with the completion of the Work in

accordance with the Contract Documents	1

ARTICLE 4 - CONTRACT TIMES	1

4.01   Time of the Essence	1

4.02   Contract Times: Dates	l

4.02   Contract Times: Days	1

4.03   Liquidated Damages	2

ARTICLE 5 - CONTRACT PRICE	2

5.01	Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents the amounts that follow, subject to adjustment under the Contract:	2

ARTICLE 6 - PAYMENT PROCEDURES	3

6.01   Submittal and Processing of Payments	3

6.02   Progress Payments; Retainage	3

6.03   Final Payment	4

ARTICLE 7 - INTEREST	4

7.01   All payments due and not made within the time prescribed by Section 218.735, Florida

Statutes, shall bear interest at the rate of one percent (1%) per month on the unpaid balance in

accordance with Section 218.74(7), Florida Statutes	4

ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS	4

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

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8.01	In order to induce Owner to enter into this Contract, Contractor makes the following

representations:	,	4

ARTICLE 9-CONTRACT DOCUMENTS	5

9.01   Contents	5

ARTICLE 1 0 - MISCELLANEOUS	6

10.01  Terms	6

10.02  Assignment of Contract	6

10.03  Successors and Assigns	6

10.04  Severability	6

10.05  Contractor's Certifications	7

10.06  Other Provisions	7

ARTICLE 1 - Definitions and Terminology	1

1.01   Defined Terms	1

1.02   Terminology	5

ARTICLE 2 - Preliminary Matters	6

2.01   Delivery of Bonds and Evidence of Insurance	6

2.02   Copies of Documents	6

2.03   Before Starting Construction	7

2.04   Preconstruction Conference; Designation of Authorized Representatives	7

2.05   Initial Acceptance of Schedules	7

2.06   Electronic Transmittals	8

ARTICLE 3 - Documents: Intent, Requirements, Reuse	8

3.01   Intent	8

3.02   Reference Standards	9

3.03   Reporting and Resolving Discrepancies	9

3.04   Requirements of the Contract Documents	10

3.05   Reuse of Documents	10

ARTICLE 4 - Commencement and Progress of the Work	11

4.01   Commencement of Contract Times; Notice to Proceed	11

4.02   Starting the Work	11

4.03   Reference Points	11

4.04   Progress Schedule	11

4.05   Delays in Contractor's Progress	11

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

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ARTICLE 5 -Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions	13

5.01   Availability of Lands	13

5.02   Use of Site and Other Areas	13

5.03   Subsurface and Physical Conditions	14

5.04   Differing Subsurface or Physical Conditions	16

5.05   Underground Facilities	17

5.06   Hazardous Environmental Conditions at Site	19

ARTICLE 6-Bonds and lnsurance	21

6.01   Performance, Payment, and Other Bonds	21

6.02   Insurance-General Provisions	22

6.03   Contractor's Insurance	23

6.04   Owner's Liability Insurance	25

6.05   Property Insurance	25

6.06   Wai•.«er of Rights	27

6.07   Receipt and Application of Property Insurance Proceeds	28

ARTICLE 7 - Contractor's Responsibilities	29

7.01   Supervision and Superintendence	29

7 .02   Labor; Working Hours	29

7.03   Services, Materials, and Equipment	29

7.04   "OrEquals"	30

7.05   Substitutes	31

7.06   Concerning Subcontractors, Suppliers, and Others	32

7.07   Patent Fees and Royalties	34

7.08   Permits	35

7 .09   Taxes	35

7.10   Laws and Regulations	35

7.11   Record Documents	36

7.12   Safety and Protection	36

7.13   Safety Representative	37

7.14   Hazard Communication Programs	37

7.15   Emergencies	37

7.16   Shop Drawings, Samples, and Other Submittals	37

7.17   Contractor's General Warranty and Guarantee	40

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7.18   Indemnification	40

7.19   Delegation of Professional Design Services	42

ARTICLE 8 - Other Work at the Site	42

8.01   Other Work	42

8.02   Coordination	43

8.03   Legal Relationships	43

ARTICLE 9 - Owner's Responsibilities	44

9.01   Communications to Contractor	44

9.02   Replacement of Engineer	44

9.03   Furnish Data	44

9.04   Pay When Due	45

9.05   Lands and Easements; Reports, Tests, and Drawings	45

9.06   lnsurance	45

9.07   Change Orders	45

9.08   Inspections, Tests, and Approvals	45

9.09   Limitations on Owner's Responsibilities	45

9.10   Undisclosed Hazardous Environmental Condition	45

9.11   Evidence of Financial Arrangements	45

9.12   Safety Programs	45

ARTICLE 1 0 - Engineer's Status During Construction	.46

10.01  Owner's Representative	46

10.02  Visits to Site	46

10.03  Project Representative	46

10.04  Rejecting Defective Work	46

10.05  Shop Drawings, Change Orders and Payments	46

10.06  Determinations for Unit Price Work	47

10.07  Decisions on Requirements of Contract Documents and Acceptability of Work	47

10.08  Limitations on Engineer's Authority and Responsibilities	47

10.09  Compliance with Safety Program	48

ARTICLE 11-Amending the Contract Documents; Changes in the Work	48

11.01  Amending and Supplementing Contract Documents	48

11.02  Owner-Authorized Changes in the Work	49

11.03  Unauthorized Changes in the Work	49

11.04  Change of Contract Price	49

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

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11.05  Change of Contract Times	50

11.06  Change Proposals	50

11.07  Execution of Change Orders	51

11.08  Notification to Surety	52

ARTICLE 12 - Claims	52

12.01  Claims	52

ARTICLE 13 - Cost of the Work; Allowances; Unit Price Work	53

13.01  Cost of the Work	53

13.02  Allowances	56

13.03  Unit Price Work	56

ARTICLE 14-Tests and Inspections; Correction, Removal or Acceptance of Defective Work	57

14.01  Access to Work	57

14.02  Tests, Inspections, and Approvals	57

14.03  Defective Work	58

14.04  Acceptance of Defective Work	58

14.05  Uncovering Work	59

14.06  Owner May Stop the Work	59

14.07  Owner May Correct Defective Work	59

ARTICLE 15 - Payments to Contractor; Set-Offs; Completion; Correction Period	60

15.01  Progress Payments	60

15.02  Contractor's Warranty of Title	63

15.03  Substantial Completion	63

15.04  Partial Use or Occupancy	64

15.05  Final Inspection	65

15.06  Final Payment	65

15.07  Waiver of Claims	67

15.08  Correction Period	67

ARTICLE 1 6 - Suspension of Work and Termination	68

16.01  Owner May Suspend Work	68

16.02  Owner May Terminate for Cause	68

16.03  Owner May Terminate For Convenience	69

16.04  Contractor May Stop Work or Terminate	70

ARTICLE 1 7 - Final Resolution of Disputes	70

17.01  Methods and Procedures	70

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ARTICLE 1 8 - Miscellaneous	71

18.01  Giving Notice	71

18.02  Computation of Times	71

18.03  Cumulative Remedies	71

18.04  Limitation of Damages	71

18.05  No Waiver	72

18.06  Survival of Obligations	72

18.07  Controlling Law	72

18.08  Headings	72

18.09  Sovereign Immunity	72

Pursuant to Paragraph 5.03.A. of the General Conditions, the following drawings of physical

conditions relating to existing surface or subsurface structures at the Site (except Underground

Facilities) are known to Owner and were used by Engineer in the preparation of the Contract

Drawings and Specifications:	1

SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE	1

Paragraphs 5.06.A and 5.06.B. are hereby deleted, and the following new paragraph is added:	1

No reports or drawings related to Hazardous Environmental Conditions at the Site are known to Owner. 1

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

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

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, 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, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

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, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer's decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to

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address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer's decision regarding a Change Proposal; or seeking resolution of a· contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

11.	Constituent of Concern-Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12.	Contract-The entire and integrated written contract between the 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.

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

21.	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.

22.	Hazardous Environmental Condition-The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and

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the requirements of the Contract, does not establish a Hazardous Environmental Condition.

23.	Laws and Regulations; Laws or Regulations-Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. Such definitions shall further include, where the context reasonably allows. compliance with any applicable permits and/or other similar approvals issued by governmental bodies. agencies. and authorities.

24.	Liens-Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25.	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.

26. Notice of Award-The written notice by Owner to a Bidder of Owner's acceptance of the Bid.

27.	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.

28.	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.

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

30.	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.

31.	Project Manual-The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32.	Resident Project Representative-The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative.
33.	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.

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34.	Schedule of Submittals-A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer's review of the submittals and the performance of related construction activities.

35.	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.

36.	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.

37.	Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for the use of Contractor.
38.	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.

39.	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.

40.	Substantial Completion-The 'time at which the Work (or a specified part thereof) has

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

41.	Successful Bidder-The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42.	Supplementary Conditions-The part of the Contract that amends or supplements these General Conditions.

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

44.	Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

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45.	Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

47.	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.

48.	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.

1.02	Terminology

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

B.	Intent of Certain Terms or Adjectives:

1.	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:

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

D.	Defective:

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

	a.   does not conform to the Contract Documents; or

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

c.	has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 15.03 or 15.04).

E.	Furnish, Install, Perform, Provide:

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

2.	The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

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

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.	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 Bonds and Evidence of Insurance

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

B.	Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C.	Evidence of Owner's Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02	Copies of Documents

A.	Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portabl.e document

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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 10 days after the Effective Date of the Contract (or as otherwise specifically required by the Contract Documents), Contractor shall submit to Engineer for timely review:

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	Initial 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 for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

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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.

All 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, and Contractor may transmit, and shall accept, Project-related correspondence, text, data, documents, drawings, information, and graphics, including but not limited to Shop Drawings and other submittals, in electronic media or digital format, either directly, or through access to a secure Project website.

B.	If the Contract does not establish protocols for electronic or digital transmittals, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C.	When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient's use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 - DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01	Intent

A.	The Contract Documents are complementary; what is required by one 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 or digital versions of the Contract Documents {including any printed copies derived from such electronic or digital versions) and the printed record version, the printed record version shall govern.

D.	The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E.	Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

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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, shall mean the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Contract if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2.	No provision of any such standard specification, manual, reference standard, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the part of the Contract Documents prepared by or for Engineer. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants. or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the part of the Contract Documents prepared by or for Engineer.

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 Documents 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 Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

3.	CoAtractor sl'lall Rot ee liaele to 01 1 m er or EAgiAeer for fail1:1re to re13ort aAy coAflict, error, aFReig1:1iti,i, or eliscre13aAcy iA tl'le CoAtract Doc1:1FReAts 1:1Aless CoAtractor l'laa act1:1al lmowleage tl'lereof.

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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 shall 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 all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation-RFls), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

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 give written notice to Owner and Contractor that Engineer is unable to provide a decision or interpretation. If Owner and Contractor are unable to agree on resolution of such a matter in question, either party may pursue resolution as provided in Article 12.

3.05	Reuse of Documents

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

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.

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

ARTICLE 4 - COMMENCEMENT AND PROGRESS OF THE WORK

4.01	Commencement of Contract Times; Notice to Proceed

	A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A

Notice to Proceed may be given at any time within 30 days after the Effective Date of the

Contract. IA A8 €\/@At will tl'le CeRtFact TiFAes C8FAFACRCe te FUR lateF tl'laR tl'le shEtietl'I ea11 afteF tl'le Ela•r ef Biel opeAiRg er tl'le tl'lirtietl'I Elay afteF tl'le ffective Qate of tl'le CeAtFact, wl'licl'le1,er eate is ea Flier.

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 shall 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.

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

shall 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 shall be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.

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 the Contract Times and Contract Price. Contractor's entitlement to

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an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. 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.

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. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include In.it are Rot limitea to only the following:

1.	severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2.	aeAor=mal ..... eather coAaitioAs;

3.	acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8); and

4.	acts of war or terrorism.

D.	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.

E.	Paragraph 8.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F.	Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor.

G.	Contractor must submit any Change Proposal seeking an adjustment in Contract Price or Contract Times under this paragraph within 30 days of the commencement of the delaying, disrupting, or interfering event.

H.	Where Contractor is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both Owner and Contractor. an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be Contractor's sole and exclusive remedy for such delay. In no event shall

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Owner or Engineer be liable to Contractor. any subcontractor. any supplier, or any other person or organization. or to any surety or employee or any agent of them, for damages, including but not limited to all fees and charges of Engineers. architects, attorneys. and other professionals and all court or arbitration or other dispute resolution costs, arising out of or resulting from:

1.	delays caused by or within the control of Contractor (or Subcontractor or Supplier);

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;

3.	Nor shall Owner or Engineer of each of them be liable to Contractor for any claims, costs, losses or damages sustained by Contractor on or in connection with any other project or anticipated project.

Nothing in this paragraph bars a change in Contract Price to compensate Contractor due to delay, interference, or disruption directly attributable to actions or inactions of Owner or

anyone for whom Owner is responsible. Except for an adjustment to the Contract Times and Contract Price, the Contractor shall not be entitled to and hereby waives any and all damages that it may suffer by reason of delay or for any Act of God, and waives all damages that it may suffer by reason of such delay including but not limited to lost profits, overhead,

and other consequential damages. No payment of any claim for damages shall be made to the Contractor as compensation for damages for any delays or hindrances from any cause

whatsoever in the progress of the Work, whether such delay is avoidable or unavoidable.

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

5.01	Availability of Lands

A.	Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work.

B.	Ul')OR reasoRable wriUeR request, OwRer shall furRish CoRtractor with a curreRt statCFRCRt of recora legal title aRa legal aescril')tioR of the laRaS Ul')OR which l')eFFRaReRt iFRl')FOYeFACRts are to be FRaae aRa 0 1NRer's iRterest thereiR as AecessaP( for giviRg Aotice of or filiRg a
	FRechaRic's or coRstructioR lieR agaiRst such laRas iR accoraaRce with al')l')licable Laws aRa RegulatiORS.

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, and shall not unreasonably encumber the Site and such other adjacent areas with construction

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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; and (d) for injuries and losses sustained by the owners or occupants of any such land or areas; provided that such damage or injuries result from the performance of the Work or from other actions or conduct of the Contractor or those for which Contractor is responsible.

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 7.12, or otherwise;

(b) promptly attempt to settle the claim as to all parties through negotiations with such owner or occupant, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and Regulations, indemnify, defend and hold harmless lndemnitees (defined in Paragraph 7.18)Owner aAEJ EAgiAeer, ana the officers, airecters, rnernbers, 13artners, ern13lo1f ees, agents, consultants ana sul3centractors of each ana an•t ef thorn from and against any such claim, and against all liabilities. costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner and Engineer, or any other party indemnified hereunder to the extent caused directly or indirectly, in whole or in part by, or based upon, Contractor's negligent, reckless or intentionally wrongful performance of the Work, or because of other negligent. reckless or intentionally wrongful actions or conduct of the Contractor or those for which Contractor is responsible.

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 shall conform to applicable Laws and Regulations.

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, 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 and from which the Engineer prepared the Contract Drawings and Specifications:

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2.	Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities}t), and from which the Engineer prepared the Contract Drawings and Specifications; and
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. Instead, while the Technical Data is believed to be reliable, the Technical Data was prepared for the District's benefit by third parties and accordingly, the District cannot guarantee the quantity, quality, completeness or accuracy of that information .• ln1t Sl:ICR reperts aRd drawiRgs are Rat CeRtract Qecl:IFReRts. If RS Sl:ICR e1Epress ideRtificatieR t:las beeR FRade, tReR CeRtracter FRa'f rely 1:1peR tl:le accl:lracy ef tt:le TecRRical Qata (as defiRed iR Article 1) ceRtained in aRy geetecl:lnical er en•.1irenFRental repert preparet:1 fer tt:le Preject ant:1 FRaEie available ta Centracter. . E:>1cept fer sl:lch reliaRce en TecARical Qata, 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; or

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.

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."

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 oerformance of the Work below the surface of the ground at variance with

onditions indicated by the Contract Documents or other Bidding Documents and Bidding Requirements furnished to the Contractor for its information.

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5.04	DifferingSubsurfaceor PhysicalConditions

A.	Notice by Contractor: If Contractor believes that any subsurface or physical condition that is

uncovered or revealed at the Site either:

1.	is af such a RatuFe as ta estaelish that aR'J' TeehRical Data aR whict:i CaRtFactar is eRtitled ta rel•,' as pFaYided iR PaFagFapR §.03 is material!•,' iRaecurate; eF

2.	is of such a nature as to require a change in the Drawings or Specifications; or

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;

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 the necessity of Owner's obtaining additional exploration or tests with respect to the condition; conclude whether the condition falls within any one or more of the differing site condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Drawings or Specifications; and advise Owner in writing of Engineer's findings, conclusions, and recommendations.

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.	PossiblePrice and Times Adjustments:

1.	Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times, or both, to the extent that the existence of a differing subsurface or physical condition, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance 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,

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c.	Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.

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; or

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 as 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, or both, then any such adjustment shall 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, or both, no later than 30 days after Owner's issuance o f the Owner's written statement to Contractor regarding the subsurface or physical condition in question.

5.05	Underground Facilities

A.	Contractor's Responsibilities: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site, if any. is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. UAless it is otherwise e*r:,ressly ,aroYieleel iA the S1:1,a,alemeRtary CoAelitiOAS:

1.	Owner and Engineer do not warrant or guarantee the accuracy or completeness of any such information or data provided by others; and

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

a.	reviewing and checking all information and data regarding existing Underground Facilities at the Site;

b.	locating all Underground Facilities shown or indicated in the Contract Documents as being at the Site;

c.	coordination of the Work with the owners (including Owner) of such Underground Facilities, during construction; and

d.	the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work.

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B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered or revealed at the Site was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.15), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer.

C.	Engineers Review: Engineer will promptly review the Underground Facility and conclude whether such Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or schedule information from Contractor; prepare recommendations to Owner regarding the

Contractor's resumption of Work in connection with the Underground Facility in question; determine the extent, if any, to which a change is required in the Drawings or Specifications to reflect and document the consequences of the existence or location of the Underground

Facility;  and  advise  Owner	in  writing	of  Engineer's  findings,	conclusions,	and	
recommendations. During such	time, Contractor shall be  responsible	for the safety	and	
protection of such Underground Facility.				

D.	Owners 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.	Possible Price and Times Adjustments:

1.	Contractor shall be entitled to an equitable adjustment in the Contract Price or Contract Times, or both, to the extent that any existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy, or any related delay, disruption, or interference, causes an increase or decrease in Contractor's cost of, or time required for, performance of the Work; subject, however, to the following:

a.	Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated the existence or actual location of the Underground Facility in question;

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;

c.	Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times; and

d.	Contractor gave the notice required in Paragraph 5.05.B.

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, or both, then any such adjustment shall be set forth in a Change Order.

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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, or both, no later than 30 days after Owner's issuance of the Owner's written statement to Contractor regarding the Underground Facility in question.

5.06	Hazardous Environmental Conditions at Site

	A.  Re13orts eREI DrnwiRgs: The Sl-:lf)plementary Conditions identify:

1.	those re13orts and drawings IEnown to Owner relating to Macarelol-:ls En¥ironmental Conditions that ha•,e seen identifieel at or aeljacent to the Site; and
2.	Technical Data contained in sl-:lch ref)orts anel drawings.

8.	RetleRce hy CaRtr:actor on J:edJRice,' De'ffi A1,1#Jor:i2ed: Contractor ma'J' rel•t l-:lf)On the accl-:lrac'J' of the Technical Data e>Ef)ressl'J' identifieel in the Sl-:lf)f)len,entary Conditions 1,•,itl=t res13ect to sl-:lch re13orts and drawings, Sl-:lt Sl-:lch re13orts and elrawings are not Contract Docl-:lments. If no sl-:lch e>Epress identification has seen made, then Contractor ma•1 rel'J' on tl=te accl-:lrac.,, of the Tecl=tnical Data (as defined in Article 1) contained in an'J' geotechnical or en11ironme ntal re13ert 13repared fer the Praject and made aYailable to Contractor. E>ECef)t fer sl-:lch reliance on Technical Data, Contractor ma•1 not rel1 1 l-:lf)On or malEe an1 1 claim against Owner or Engineer, or any of tl=leir officers, elirectors, memsers, 13artners, em13lo11ees, agents, consl-:lltants, or Sl-:lbcontractors with res13ect to:

1. tl=le com13leteness of Sl-:ICl=t re13orts and drawings for Contractor's f)l-:lrf)oses, incll-:lding, bl-:lt not limiteel to, an'I as13ects of the means, metl=tods, technieil-:les, seeil-:lences and 13rocedures of constrnctien to se emplo11ed B'/ Contractor anel safety 13recautions anel programs incident tl=tereto; or

2.	ether data, interpretations, opinions anel information contained in Sl-:ICl=t reports or shewn or inelicated in sl-:lcl=t drawings; er

3.	an.,, Contractor interpretation of or concll-:lsion dravm from an11 Technical Data or an•,· sl-:lch otl=ter data, interpretations, opinions or information.

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.

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).

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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, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, then within 30 days of Owner's written notice regarding the resumption of Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.

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.

I.	To the f1:1llest mEteAt 13erR=1iUea 81 ( Laws aAa Reg1:1latiOAS, 0 1,\!Aer shall iAaeR=IAi:f>y• aAa hold harffiless CoAtractor, S1:10c0Atractors, aAEi ngiAeer, ana the officers, elirectors, R=1emeers, 13artners, eR=113lovees, agents, cons1:1ltants, anEi s1:10contractors of each and aA'/ of them froR=I aAel against all claiffis, costs, losses, aAa daR=1ages {iAcluding 01:1t Rot liR=liteel to all fees anel

charges of engineers, architects, attoFAeys, anEi other 13rof:essionals and all court or areitration or other dis131:1te resol1:1tion costs) arising 01:1t of or relating to a l-lai!arao1:1s n•1iroAR=1ental CoAditioA, 13ro-..ided that s1:1ch l-lai!ardo1:1s A\'ironmeAtal Conaition {1) was not shown or inEiicateEi in the E>ra·.♦.1iAgs, S13ecif.ications, or other Contract Qoc1:1ments, identifieel as Technical E>ata entitleEi to liR=liteel reliance 131:1rsuant to Paragra131=! S.06.B, or identified in the Contract E>oc1:1R=1ents to ee incluaeEi within the sco13e of the Work, aAel {2) 1•♦.1as not created B'/ Contractor or ey an1 1one for whoffi Contractor is res13onsiele. Nothing in this Paragra13h 5.06.1 shall oeligate Owner to inEiemnify an•1 indi,1iEi1:1al or entity from and against the conseEf1:1ences of tl=lat indi-..iel1:1al's or entit'/'s own negligence.

J.	To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, defend.

and hold harmless lndemnitees O•Nner anEi ngineer, and the officers, directors, memeers, 13artners, eR=113loyees, agents, cons1:1ltants, and suecontractors of each and any of them from and against all claims, liabilities, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the negligent, reckless. or intentionally wrongful failure to control, contain, or remove a Constituent of Concern brought to the Site by Contractor or by anyone for whom Contractor is responsible,

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or to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence.

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 all of Contractor's obligations under the Contract. These bonds shall remain in effect until eRe two years (for the performance bond) and one year (for the payment bond) after the date when final payment becomes due or until completion of the correction period specified in Paragraph 15.08, whichever is later, except as provided otherwise by Laws or Regulations, the Supplementary Conditions, or other specific provisions of the Contract. Contractor shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B.	All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. ln addition, each bond shall be on an Owner-approved form and the payment bond shall contain the following language: "This Bond is hereby amended so that the provisions and limitations of Section 255.05, Florida Statutes. are incorporated by reference herein."

C.	Contractor shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.

D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E.	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.

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F.	Upon request, Owner shall provide a copy of the payment bond to any Subcontractor, Supplier, or other person or entity claiming to have furnished labor or materials used in the performance of the Work.

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.	Contractor shall deliver to Owner, with copies to each named insured and additional insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Contractor shall also furnish other evidence of such required insurance, including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

D.	Owner shall deliver to Contractor, with copies to each named insured and additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Contractor or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

E.	Failure of Owner or Contractor to demand such certificates or other evidence of the other party's full compliance with these insurance requirements, or failure of Owner or Contractor

to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver ofthe other party's obligation to obtain and maintain such insurance.

F.	If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

G.	If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner's termination rights under Article 16.

H.	Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other

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

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party's interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

I.	Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor or Contractor's interests.

J.	The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor's liability under the indemnities granted to Owner and other individuals and entities in the Contract.

K.	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.	Workers' Compensation: Contractor shall purchase and maintain workers' compensation and employer's liability insurance for:

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

2.	United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable}.

3.	claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees (by stop-gap endorsement in monopolist worker's compensation states}.

4.	ForeigR 1.iol1,1RtaryworlEer com13eRsatioR (ifapplical31e).

B.	Commercial General Liability-Claims Covered: Contractor shall purchase and maintain

minimum of $2 million in commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against:

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

2.	claims for damages insured by reasonably available personal injury liability coverage.

3.	claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.
C.	Commercial General Liability-Form and Content: Contractor's commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form} and include the following coverages and endorsements:

1.	Products and completed operations coverage:

	a.   Such insurance shall be maintained for three years after final payment.

	b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

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

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2.	Blanket contractual liability coverage, to the extent permitted by law, including but not limited to coverage of Contractor's contractual indemnity obligations in Paragraph
	7.18.

3.	Broad form property damage coverage.

4.	Severability of interest.

5.	Underground, explosion, and collapse coverage.

6.	Personal injury coverage.

7.	Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their equivalent.

8.	For design professional additional insureds, ISO Endorsement CG 20 32 07 04, "Additional Insured-Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent.

D.	Automobile liability: Contractor shall purchase and maintain automobile liability insurance

against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

E.	Umbrella or excess liability: Contractor shall purchase and maintain a minimum of $3 million umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall follow form as to each and every one of the underlying policies.

F.	Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Contractor's operations and completed operations. This insurance shall be maintained for no less than three years after final completion.

G.	Additional insureds: The Contractor's commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner, Engineer, and any individuals or entities identified in the Supplementary Conditions; include coverage for the respective officers, directors, members, partners, employees, agents, consultants, staff. supervisors, and subcontractors of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Contractor shall obtain all necessary endorsements to support these requirements.

H.	UJRtfBE!Br's pro_,fessioRa! liability iRs1:1raREe: If CeAtFacteF will J!Fe•,ide er f1:1rAis"' Jlrefessienal services 1:1nder t"'is Centract, t"'re1:1gl=I a delegatien ef Jlrefessienal design services er etl=leP#ise, tl=len Centracter s"'all be resJlensible fer Jll:IFc"'asing and n:iaintaining aJ!Jllicable Jlrefessienal liability ins1:1rance. Tl=lis ins1:1rance sl:iall JlF01 1ide J!Fotection against clairns arising 01:1t ef JleFfermance of JlFOfessional design OF rnlated services, anel ca1:1sed b'f a negligent errer, emission, eF act fer wl:iic"' tl:ie ins1:1red JlaFt'( is legal!'( liable. It sl=lall be maintained

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tf:irougf:iout tf:ie EluFatioR of tf:ie CoRtraet a REI foF a FRiRiFRUFR of two ';@JFS afteF SuestaRtial CompletioR. If sueh i;irofessioRal ElesigR serviees a Fe peFfoFFT'leEI b'f a SueeoRtraetor, a Ref Rot 01; CoRtraetor itself, theR tf:ie FOEfl:liFeFReRts of tf:iis paragraph FT'la'f be satisfieEI tl-1Fough tf:ie purd1asing anEI maintenanee of sueh insuranee B'; suef:i Subeontractor.

I.	General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1.	include at least the specific coverages provided in this Article.

2.	be written for not less than the limits of liability provided in this Article and in the Supplementary Conditions, or required by Laws or Regulations, whichever is greater.

3.	contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 10 days prior written notice has been given to Contractor. Within three days of receipt of any such written notice, Contractor shall provide a copy of the notice to Owner, Engineer, and each other insured under the policy.

4.	remain in effect at least until final payment (and longer if expressly required in this Article) and at all times thereafter when Contractor may be correcting, rem·oving, or replacing defective Work as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5.	be appropriate for the Work being performed and provide protection from claims that may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

J.	The coverage requirements for specific policies of insurance must be met by such policies, and not by reference to excess or umbrella insurance provided in other policies.

6.04	Owner's Liability Insurance

A.	In addition to the insurance required to be provided by Contractor under Paragraph 6.03, Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

B.	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.

6.05	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 full insurable replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1.	include the Owner, Engineer, and Contractor as named insureds, and their respective members, partners, partners, subsidiaries. affiliates, officers, directors, supervisors,

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staff, consultants, agents. subcontractors and employees, and any individuals or entities required by the Supplementary Conditions to be insured under such builder's risk policy, as insureds or named insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding Supplementary Conditions, the parties required to be insured shall collectively be referred to as "insureds."

2.	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.

3.	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, including Owner-furnished or assigned property; (b) spare parts inventory 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.

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

5.	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).

6.	extend to cover damage or loss to insured property while in transit.

7.	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.

8.	allow for the •,yaiver of the iAs1:1rer's s1:1erogatioA rights, as set forth eelow.

9.	provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

10.	not include a co-insurance clause.

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11.	include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

12.	include performance/hot testing and start-up.

13.	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.

B.	Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 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.

C.	Deductibles: The purchaser of any required builder's risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

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 notice of such occupancy or use to the builder's risk insurer. The builder's risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Work that are occupied or used by Owner may come off the builder's risk policy, while those portions of the Work not yet occupied or used by Owner shall remain covered by the builder's risk insurance.

E.	Additional Insurance: 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 6.05, it may do so at Contractor's expense.

F.	Insurance of Other Property: If the express insurance provisions of the Contract do not require or address the insurance of a property item or interest, such as tools, construction equipment, or other personal property owned by Contractor, a Subcontractor, or an employee of Contractor or a Subcontractor, then the entity or individual owning such property item will be responsible for deciding whether to insure it, and if so in what amount.

6.Q6	.'9iver ofRig/:Jts

A.	All l')Olieies p1:1rehased in aeeordanee with Paragrai:>h 6.Q5, e>Epressly inel1:1ding the e1:1ilder's risk poliey, shall eontain proYisions to the effeet that in the e1,ent of l')a1,rment of an'( loss or elamage the insurers will hai.ie no rights of reeoi.iery against an · ins1:1reels thereuneler, or against Engineer or its eons1:1ltants, or their offieers, elireetors, memeers, partners, employees, agents, eonsultants, or s1:1beentractors. 0 1. .mer anel Contractor wai'le all rights against each other and the resl')eeti,.·e offieers, elireetors, memeers, l')artners, en:iplo1,rees, agents, eons1:1ltants, anel sueeontraetors of each anel an1,r of them, for all losses anel damages ea1:1sed b•,·, arising out of, or res1:1lting from any of tl:le perils or ca1:1ses of loss co1,ered ey s1:1eh policies anel any other property insurance al')plicaele to the Work; anel, in addition, waii.ie all s1:1ch rights against Engineer, its eons1:1ltants, all S1:1bcontraetors, all indi'lid1:1als or entities identified in the S1:113pleR=1entary Conditions as ins1:1reds, and the officers, directors,

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FReFRl:leFS, partReFS, eFRployees, ageRtS, EORSUltaRtS, aRel sul:leoRtFaEtOFS of eael:i aRel aR1f of theFR, uReler sueh polieies foF losses aRel elaFRages so eauseel. leRe of the aeo't'e wai•.,iers shall mcteRel to the rights that aRy party FRakiRg sueh waiver R'lay ha,.•e to the woeeeels of iRsuraRee l'lelel l:l•r O•,vRer er CoRtraetor as trnstee or fielueiary, er otheFwise pa •al:lle uReler awr poliey so issueel.

B.	O•Nner wai•.,ies all rigl'lts agaiRst CoRtraetor, Sul:leoRtraetors, aRel ERgineer, aRd tl'le ottieers, direetors, FReR'll:lers, partRers, eFRplo•rees, ageRts, eoRsultaRts aRd sueeoRtraetors of eaeh aRd aRy of tl'leFR, far:

1.	loss due to l:lusiness iRterrnption, loss of use, or other eoRsequential loss eMteRdiRg l:le•rond direet ph•rsieal loss OF daFRage to OwRer's property or the WoFI( eaused l:l•r, arisiRg out of, OF resulting froFR fiFe or other perils •.vhether or Rot insured l:l•r Owner; aRe

2.	loss or daFRage to the eoFRpleted Projeet or part thereof eaused B'f, arisiRg out of, or resultiRg fFoR'I fiFe or other insuFeel peFil or eause of loss co't'ernd l:l•r aR'f pFopert•r iRsuranee FRaintained oR the coFRpleted Prnjeet or part theFeof l:l•r o,,,.,Rer duFing partial oeeupaRey OF use puFsuaRt to Paragraph 1S.Q4, after SuestaRtial CoFRpletioR puFSUaRt to Paragraph 15.Q3, OF afteF fiRal pa•;FReRt l3UFSUJRt to Paragraph 15.Qa.

C.	ARY insuFanee poliey R'laiRtaiRed l:ly OwReF eoveriRg aR• loss, daFRage or coRseeiueRtial loss referreei to iR Paragra13h a.Qa.8 shall eontaiR provisioRs to the effeet tl:iat iR the eveRt of 13ayFReRt of aR'f suel:i loss, elaR'lage, OF eoRsequeRtial loss, tl:ie iRsurers will l:ia•.ie no rigl:its of reco't'erir against CoRtractor, Sul:leoRtractors, or ERgiReer, or tl:ie ottieers, elireetors, FReFRl:lers, partRers, eFRplo •ees, ageRts, eoRsultaRts, or sueeoRtractors of each aRel an•r of

D.	CoRtractor shall ee respoRsiele for assuriRg tl:iat tl:ie agreeFReRt uReler wl:iicl:i a Sul:leoRtraetor perforFRs a portioR of tl:ie Worl( eontaiRs 13ro•o1isi0Rs v.'l:ierel:l•r tl:ie SueeoRtraetor wai•.•es all rigl:its agaiRst OwRer, CoRtraetoF, all iReli'o•ieluals or eRtities ielentified in tl:ie SuppleR'leRtary ConeiitioRs as iRsureels, the engiReer aRel its consultaRts, anel tl:ie officers, elireetors, R'leFRl:lers, partners, eR'l13lovees, agents, consultants, anei sul:leontractors of eacl:i a Rei any of tl:ieR'I, forall losses aRei daFRages eauseel l:ly, arising out of, relatiRg to, or resulting froFR aRy of tt-:ie perils or causes of loss co•.iereel ey l:luileler's risl( insurance and an•r other property insurance ap13lical:lle to tt-:le Vierk.

6.07	Receipt and Application o f Property Insurance Proceeds

A.	Any insured loss under the builder's risk and other policies of insurance required by Paragraph 6.05 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 6.05 shall distribute such proceeds in accordance with such

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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, the damaged Work shall be repaired or replaced, the money so received applied on account thereof, and the Work and the cost thereof covered by Change Order, if needed.

ARTICLE 7 - CONTRACTOR'S RESPONSIBILITIES

7.01	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. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.

B.	At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

7.02	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 at all times maintain good discipline and order at the Site.

B.	Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal holiday.

Contractor may perform Work outside regular working hours or on Saturdays, Sundays, or legal holidays only with Owner's written consent, which will not be unreasonably withheld.

l . 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.

7.03	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 shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If

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required by Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

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

7.04	"Or Equals"

A.	Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or equal" item is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment, or items from other proposed suppliers under the circumstances described below.

1.	If Engineer in its sole discretion determines that an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, Engineer shall deem it an "or equal"

item. For the purposes of this paragraph, a proposed item of material or equipment will be considered functionally equal to an item so named if:

a.	in the exercise of reasonable judgment Engineer determines that:

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

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

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

4)	it is not objectionable to Owner.

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

1)	there will be no increase in cost to the Owner or increase in Contract Times; and

2)	it 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

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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

shall result in any change in Contract Price. The Engineer's denial of an "or-equal" request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

E.	Treatment as a Substitution Request: If Engineer determines that an item of material or

equipment proposed by Contractor does not qualify as an "or-equal" item, Contractor may request that Engineer considered the proposed item as a substitute pursuant to Paragraph

7.05.

7.05	Substitutes

A.	Unless the specification or description of an item of material or equipment required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that Engineer authorize the use of other items of material or equipment under the circumstances described below. To the extent possible such requests shall be made before commencement of related construction at the Site.

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 material or equipment from anyone other than Contractor.

2.	The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as supplemented by the Specifications, and as Engineer may decide is appropriate under the circumstances.

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

a.	shall 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 that specified, and

3)	be suited to the same use as that 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

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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 that specified, and

2)	available engineering, sales, maintenance, repair, and replacement services.

d.	shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and claims of other contractors affected by any resulting change.

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.	Reimbursementof 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'sExpense: Contractor shall provide all data in support of any proposed substitute at Contractor's expense.

F.	Effect of Engineer'sDetermination:If Engineer approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The Engineer's denial of a substitution request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by timely submittal of a Change Proposal.

7.06	ConcerningSubcontractors,Suppliers,and Others

A.	Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Such Subcontractors and Suppliers must be acceptable to Owner.

B.	Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required by the Contract to do so.

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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, Supplier, or other individual or entity 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 deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within five days.

E.	Owner may require the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work. Owner also may require Contractor to retain specific replacements; provided, however, that Owner may not require a replacement to which Contractor has a reasonable objection. If Contractor has submitted the identity of certain Subcontractors, Suppliers, or other individuals or entities for acceptance by Owner, and Owner has accepted it (either in writing or by failing to make written objection thereto), then Owner may subsequently revoke the acceptance of any such Subcontractor, Supplier, or other individual or entity so identified solely on the basis of substantive, reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity.

F.	If Owner requires the replacement of any Subcontractor, Supplier, or other individual or entity retained by Contractor to perform any part of the Work, then Contractor shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30 days of Owner's requirement of replacement.

G.	No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion ofthe 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 fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions.

J.	Contractor shall be solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

K.	Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating with Engineer or Owner, except through Contractor or in case of an emergency, or as otherwise expressly allowed herein.

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

M.	All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer;

N.	Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information about amounts paid to Contractor on account of Work performed for Contractor by the particular Subcontractor or Supplier.

0.	Nothing in the Contract Documents:

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

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

7 .07   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 a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.

B.	To tl:ie f1::1llest exteAt 13ermitteel e•,· La1A1s aAel Reg1::1lati0As, OwAer sl'lall iAelemAify aAel l:iolel l:iarmless CoAtraetor, aAel its officers, elirectors, memeers, 13artAers, em13loyees, ageAts, coAs1::1ltaAts, aAel s1::1ec0Atractors from aAel agaiAst all claims, costs, losses, aAel elamages (iAcl1::1eliAg e1::1t Rot limiteel to all fees aAel cl:iarges of eAgiAeers, arcl:iitects, attorneys, aAel otl:ier f)rofessioAals, aAel all col:lrt or areitratioA or otl:ier elis131::1te resoll:ltioA costs) arisiAg 01::1t of or relatiAg to aAy iAfriAgemeAt of 13ateAt rights or eo131,irigl'lts iAcieleAt to the 1::1se iA the f)erformaAce of tl:ie lJJork or resl:lltiAg from the iAeorf)oratioA iA tl:ie Work of aA'f iA1,1eAtioA,

elesigA, f)FOC0SS, f)rOell:Jct, or ele•;ice s13ecifieel iA tl:ie CoAtraet D0Cl:Jffi0Ats, el:Jt A0t ieleAtifieel as eeiAg s1::1eject to 13aymeAt of aAy lieeAse fee or royalty to otl'lers ret:J1::1ireel ey f)ateAt rights
OF EOf)';rigRtS.

C.	To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify, defend, and hold harmless lndemnitees Owner anel Engineer, anel the officers, elireetors, memeers, f)artAers, em13lo1,iees, ageAts, cons1::1ltants aAel s1::1ee0Atractors of eacl'I aAel any of tl:iem from and against all claims, liabilities, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting

EJCDC® C-700 (Rev. I), Standard General Conditions of the Construction Contract Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
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from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, provided however that such infringement is caused by the negligent, reckless, or intentionally wrongful actions of the Contractor or those for which

Contractor is responsible.

7 .08   Permits

A.	Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the submission of Contractor's Bid (or when Contractor became bound under a negotiated contract). OwAer Contractor shall pay all charges of utility owners for connections for providing permanent service to the Work.

7.09	Taxes

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

7.10	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. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations.

B.	If Contractor or those for which Contractor is responsible negligently, recklessly, or intentionally and wrongfully performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all resulting

costs and losses, and shall indemnify, defend, and hold harmless lndemnitees O•A•Aer aAel ngineer, aAel the efficers, elirecters, rnernl:lers, partners, ernple•tees, agents, cens1::1ltants, anel s1::1'3contracters of each aAel any of thern from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. It shall net '3e Centractor's respeAsil:lility to rnalce certain that the Werle elescril:leel in the Centraet E>ec1::1rnents is in accerelanee with Lavis anel Reg1::1lations, '31::1t this shall not relieYe Centraeter ef Contractor's ol:lligations 1::1neler Paragraph 3.03.

C.	Owner or Contractor may give notice to the other party of any changes after the submission of Contractor's Bid (or after the date when Contractor became bound under a negotiated contract) in Laws or Regulations having an effect on the cost or time of performance of the Work, including but not limited to changes in Laws or Regulations having an effect on procuring permits and on sales, use, value-added, consumption, and other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times resulting from such changes, then within 30 days of such notice Contractor may submit a Change Proposal, or Owner may initiate a Claim.

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7.11	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.

7.12	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. 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.

B.	Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. Among other requirements. the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards.

C.	Contractor shall comply with the applicable requirements of Owner's safety programs, if any. The Supplementary Conditions identify any Owner's safety programs that are applicable to the Work.

D.	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.

E.	All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3

caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by any

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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).

F.	Contractor's duties and responsibilities for safety and protection shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

G.	Contractor's duties and responsibilities for safety and protection shall resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.13	Safety Representative

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

7.14	Hazard Communication Programs

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

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 threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the C_ontract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.16	Shop Drawings, Samples, and Other Submittals

A.	Shop Drawing and Sample Submittal Requirements:

1.	Before submitting a Shop Drawing or Sample, Contractor shall have:

a.	reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents;

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

c.	determined and verified the suitability of all materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

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d.	determined and verified all information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

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

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

B.	Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted

Schedule of Submittals. Each submittal will be identified as Engineer may require.

1.	Shop Drawings:

a.	Contractor shall submit the number of copies required in the Specifications.

b.	Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 7.16.D.

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.D.

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.	Other Submittals: Contractor shall submit other submittals to Engineer in accordance with the accepted Schedule of Submittals, and pursuant to the applicable terms of the Specifications.

D.	Engineer's Review:

1.	Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will
be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract

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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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 7.16.A.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer will document any such approved variation from the requirements of the Contract Documents in a Field Order.

5.	Engineer's review and approval of a Shop Drawing or Sample shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 7.16.A and B.

6.	Engineer's review and approval of a Shop Drawing or Sample, or of a variation from the requirements of the Contract Documents, shall not, under any circumstances, change the Contract Times or Contract Price, unless such changes are included in a Change Order.

7.	Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample,

or other submittal shall result in such item becoming a Contract Document.

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.D.4.

E.	Resubmittal Procedures:

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 submittals with sufficient information and accuracy to obtain required approval of an item with no more than three submittals. Engineer will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop Drawings, sample, or other item requiring approval, and Contractor shall be responsible for Engineer's charges to Owner for such time. Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges.

3.	If Contractor requests a change of a previously approved submittal item, Contractor shall be responsible for Engineer's charges to Owner for its review time, and Owner may impose a set-off against payments due to Contractor to secure reimbursement for such charges, unless the need for such change is beyond the control of Contractor.

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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 and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor's warranty and guarantee.

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

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

2.	normal wear and tear under normal usage.

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

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.	any inspection, test, or approval by others; or

8.	any correction of defective Work by Owner.

D.	If the Contract requires the Contractor to accept the assignment of a contract entered into by Owner, then the specific warranties, guarantees, and correction obligations contained in the assigned contract shall govern with respect to Contractor's performance obligations to Owner for the Work described in the assigned contract.

E.	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.

F.	The warranties provided in this section shall be in addition to and not in limitation of any other warranty or remedy required by law.

7.18	Indemnification

A.	To the fullest e1EteAt f;!ermitted l:Jy  Laws aRd RegulatioAs, aAd iR additioA to aRy other

ol:JligatioRs of CoRtractor uRder the CoAtract or otherwise, CoRtractor shall iRdemRiP; aAd hold harmless Ovmer aAd EAgiReer, aAd the officers, directors, meml:Jers, f;!artRers, emi;>lo•1ees, ageRts, coRsultaAts aRd sul:JcoRtractors of each aAd aR·,· of them from aAd

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

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agaiRst all claims, costs, losses, aRel elamages (iRelueliRg lslut Rot limiteel to all foes aRel charges o f eRgiReers, architects, attorneys, aRel other 13rofessi0Rals aRd all court or

arlslitratioR o r other elis13ute resolutioR costs) arisiRg out of o r relatiRg to the performaRce of the 1.Vork, pro1, 1ieleel that a Ry such claim, cost, loss, o r elamage is attributalslle to boelily iRjuFy,
sielmess, elisease, OF eleath, or to iRjury to OF elestructioR of taRgible property (other thaA tf:le Werle itself), iAelueliRg the loss of use resultiAg tl=teFefrom but oAl'J' to the e><teAt caused by aAy AegligeAt act or omissioA of GoAtFactor, aA1, ' SubcoRtractor, aAy Supplier, OF aAy iAeli,..ielual or eAtity elirectly o r iAelirectl',' employed by aA't' of them to perform aR'J' of the Worl< o r a Ayo Re f o rwhose acts a Ry of tf:lem may Isle lialslle.

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, and their respective members, parents. partners, subsidiaries, affiliates, officers, directors, supervisors, staff, consultants. agents.

subcontractors and employees of each and any of all of the foregoing entities and individuals (together. "lndemnitees"l from all claims. liabilities, damages, losses and costs,
including, but not limited to, reasonable attorney's fees, to the extent caused, in part or in whole, by the negligence, recklessness. or intentionally wrongful misconduct of the Contractor, or any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed or used by any of them to perform any of the Work. To the extent

required by Florida law to make the provisions of any indemnification. defense or hold harmless provision of this Contract enforceable (and otherwise this sentence does not apply), such indemnification. hold harmless and defense obligation shall not exceed $10,000,000.00, the amount of which bears a reasonable commercial relationship to the Contract and was part of the project specifications or bid documents. In the event that any indemnification. defense or hold harmless provision of this Contract is determined to be unenforceable, the provision shall be reformed to give the provision the maximum effect allowed by Florida law and for the benefit of the Indemnitees. The Contractor shall ensure that any and all Subcontractors, and Suppliers, include this express paragraph for the benefit of the lndemnitees.

B.	In any and all claims against Owner or Engineer or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts.

C.	The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to the liability of Engineer and Engineer's officers, directors, members, partners, employees, agents, consultants and subcontractors arising out of:

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

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

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7.19	Delegation of Professional Design Services

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

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

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

D.	Pursuant to this paragraph, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 7 .16.D.1.

E.	Contractor shall not be responsible for the adequacy of the performance or design criteria specified by Owner or Engineer.

ARTICLE 8 - OTHER WORK AT THE SITE

8.01	Other Work

A.	In addition to and apart from the Work under the Contract Documents, the Owner may perform other work at or adjacent to the Site. Such other work may be performed by Owner's employees, or through contracts between the Owner and third parties. Owner may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B.	If Owner performs other work at or adjacent to the Site with Owner's employees, or through contracts for such other work, then Owner shall give Contractor written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any utility work at or adjacent to the Site, Owner shall provide such information to Contractor.

C.	Contractor shall afford each other contractor that performs such other work, each utility owner performing other work, and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Contractor shall do all cutting, fitting, and patching of the Work that may be required to

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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.

D.	If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 8, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work.

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 at or adjacent to the Site for Owner, the Owner's employees, any other contractor working for Owner, or any utility owner for whom the

Owner is responsible causes damage to the Work or to the property of Contractor or its Subcontractors, or delays, disrupts, interferes with, or increases the scope or cost of the performance of the Work, through actions or inaction, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal seeking an equitable adjustment in the Contract Price or the Contract Times under this paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Contractor in the Contract Documents prior to the submittal of the Bid or the final negotiation of the terms of the Contract. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Contractor assigning to Owner all Contractor's rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times.

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B.	Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Contractor fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Contractor, and assign to such other contractor or utility owner the Owner's contractual rights against Contractor with respect to the breach of the obligations set forth in this paragraph.

C.	When Owner is performing other work at or adjacent to the Site with Owner's employees, Contractor shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Contractor's failure to take reasonable and customary measures with respect to Owner's other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Contractor.

D.	If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor's failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Contractor's actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend, and hold harmless lndemnitees OwRer aml ERgiReer, aRel tl:le efficers, elirecters, FReFRbers, 13artRers, eFR13le'(ees, ageRts, ceAs1:1ltaRts aAel s1:1ec0Rtracters ef eacl:l aRel aR'( ef tl=leFR from and against any such claims, and against all costs, liabilities, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference, provided however that the damage, delay, disruption or interference is caused in part or in whole by the negligent, reckless or intentionally wrongful misconduct of Contractor, or those for which Contractor is responsible.

ARTICLE 9 - OWNER'S RESPONSIBILITIES

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 shall be that of the former Engineer.

9.03	Furnish Data

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

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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.

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.	The Owner shall not supervise, direct, or have control or authority over, nor be	responsible		
		for, Contractor's means, methods, techniques, sequences, or procedures of construction, or		
		the safety precautions and programs incident thereto, or for any failure of Contractor to		
		comply with Laws and Regulations applicable to the performance of the Work. Owner will		
		not be  responsible for Contractor's failure to perform the Work in accordance with the		
		Contract Documents.			
9.10	Undisclosed Hazardous Environmental Condition			
9.11	A.	Owner's responsibility in  respect to an undisclosed Hazardous Environmental	Condition is		
		set forth in Paragraph 5.06.			
	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 Documents (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.

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ARTICLE 1 0 - ENGINEER'S STATUS DURING CONSTRUCTION

10.01	Owner's Representative

A.	Engineer will be Owner's representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract.

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 dete mine, 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 10.08. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.

10.03	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 Paragraph 10.08. If Owner designates another representative or agent to represent Owner at the Site who is not Engineer's consultant, agent, or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.

10.04	Rejecting Defective Work

A.	Engineer has the authority to reject Work in accordance with Article 14.

10.05	Shop Drawings, Change Orders and Payments

A.	Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set forth in Paragraph 7.16.

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B.	Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, are set forth in Paragraph 7.19.

C.	Engineer's authority as to Change Orders is set forth in Article 11.

D.	Engineer's authority as to Applications for Payment is set forth in Article 15.

10.06	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.

10.07	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.

10.08	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, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

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 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 10.08 shall also apply to the Resident Project Representative, if any.

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10.09	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 (if any) of which Engineer has been informed.

ARTICLE 1 1 - AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01	Amending and Supplementing Contract Documents

A.	The Contract Documents may be amended or supplemented by a Change Order, a Work Change Directive, or a Field Order.

1.	Change Orders:

a.	If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

b.	Owner and Contractor may amend those terms and conditions of the Contract Documents that do not 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, without the recommendation of the Engineer. Such an amendment shall be set forth in a Change Order.

2.	Work Change Directives: A Work Change Directive will not change the Contract Price

or the Contract Times but is evidence that the parties expect that the modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order, following negotiations by the parties as to the Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if negotiations are unsuccessful, by a determination under the terms of the Contract Documents governing adjustments, expressly including Paragraph 11.04 regarding change of Contract Price. Contractor must submit any Change Proposal seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 30 days after the completion of the Work set out in the Work Change Directive. Owner must submit any Claim seeking an adjustment of the Contract Price or the Contract Times, or both, no later than 60 days after issuance of the Work Change Directive.

3.	Field Orders: Engineer may authorize minor changes in the Work if the changes do not

involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on Owner and also on Contractor, which shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, then before proceeding with the Work at issue, Contractor shall submit a Change Proposal as provided herein.

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11.02	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. Such changes shall be supported by Engineer's recommendation, to the extent the change involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters. Such changes may be accomplished by a Change Order, if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations.

11.03	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.

11.04	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 shall comply with the provisions of Paragraph 11.06. Any

Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.

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); or

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 11.04.C.2); or

3.	where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum, then on the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph

	11.04.C).

C.	Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall 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:

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a.	for costs incurred under Paragraphs 13.01.B.l and 13.01.B.2, the Contractor's fee shall be 15 percent;

b.	for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five 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 11.04.C.2.a and

11.04.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of five percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Subcontractor that actually performs the work;

d.	no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4, 13.01.B.5, and 13.01.C;

e.	the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent of such net decrease; and

f.	when both additions and credits are involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.

11.05	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 shall comply with the provisions of Paragraph 11.06. Any

Claim for an adjustment in the Contract Times shall comply with the provisions of Article 12.

B.	An adjustment of the Contract Times shall be subject to the limitations set forth in Paragraph 4.05, concerning delays in Contractor's progress.

11.06	Change Proposals

A.	Contractor shall submit a Change Proposal to Engineer to request an adjustment in the Contract Times or Contract Price; appeal an initial decision by Engineer concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; contest a set-off against payment due; or seek other relief under the Contract. The Change Proposal shall specify any proposed change in Contract Times or Contract Price, or both, or other proposed relief, and explain the reason for the proposed change, with citations to any governing or applicable provisions of the Contract Documents.

1.	Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but in no event later than 30 days) after the start of the event giving rise thereto, or after such initial decision. The Contractor shall submit supporting data, including the proposed change in Contract Price or Contract Time (if any), to the Engineer and

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Owner within 15 days after the submittal of the Change Proposal. The supporting data shall be accompanied by a written statement that the supporting data are accurate and complete, and that any requested time or price adjustment is the entire adjustment to which Contractor believes it is entitled as a result of said event. Engineer will advise Owner regarding the Change Proposal, and consider any comments or response from Owner regarding the Change Proposal.

2.	Engineers Action: Engineer will review each Change Proposal and, within 30 days after receipt of the Contractor's supporting data, either deny the Change Proposal in whole, approve it in whole, or deny it in part and approve it in part. Such actions shall be in writing, with a copy provided to Owner and Contractor. If Engineer does not take action on the Change Proposal within 30 days, then either Owner or Contractor may at any time thereafter submit a letter to the other party indicating that as a result of Engineer's inaction the Change Proposal is deemed denied, thereby commencing the time for appeal of the denial under Article 12.

3.	Binding Decision: Engineer's decision will be final and binding upon Owner and Contractor, unless Owner or Contractor appeals the decision by filing a Claim under Article 12.

B.	Resolution of Certain Change Proposals: If the Change Proposal does not involve the design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or other engineering or technical matters, then Engineer will notify the parties that the Engineer is unable to resolve the Change Proposal. For purposes of further resolution of

such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose to seek resolution under the terms of Article 12.

11.07	Execution of Change Orders

	A.   Owner and Contractor shall execute appropriate Change Orders covering:

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

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 11.02, (b) required because of Owner's acceptance of defective Work under Paragraph 14.04 or Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the parties, subject to the need for Engineer's recommendation if the change in the Work involves the design (as set forth in the Drawings, Specifications, or otherwise), or other engineering or technical matters; and

4.	changes in the Contract Price or Contract Times, or other changes, which embody the

substance of any final and binding results under Paragraph 11.06, or Article 12.

B.	If Owner or Contractor refuses to execute a Change Order that is required to be executed

under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

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11.08	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 shall be submitted 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; and

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.

B.	Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the decision under appeal. The party submitting the Claim shall also furnish a copy to the Engineer, for its information only. The responsibility to substantiate a Claim shall rest with the party making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in good faith, that the supporting data are accurate and complete, and that to the best of Contractor's knowledge and belief the amount of time or money requested accurately reflects the full amount to which Contractor is entitled.

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 shall 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 shall 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 shall resume as of the date of the termination. If the mediation proceeds but is unsuccessful in resolving the dispute, the Claim submittal and decision process shall resume as of the date of the conclusion of the mediation, as determined by the mediator.

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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 shall be final and binding unless within 30 days of such action the other
party invokes the procedure set forth in Article 17 for final resolution of disputes.

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 shall be final and binding unless within 30 days of the denial the other party invokes the procedure set forth in Article 17 for the final resolution of disputes.

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 shall be incorporated in a Change Order to the extent they affect the Contract, including the Work, the Contract Times, or the Contract Price.

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

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 fer twe etistinct JH,JFposes:

1.	Te etetermiRe Gest ef tl:le \&Jerk ','411:leR Gest ef tl:le Werk is a ceR'lpeneRt ef tl:le GeRtract

Price, 1meter cest ph,is fee, time aRel R'laterials, or etl:ler cest 13aseet terms; er

2.	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 shall be in amounts no higher than those prevailing in the locality of the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall include only the following items:

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. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable

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thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner.

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 shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

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, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01.

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

5.	Supplemental costs including the following:

a.	The J:lFOJ:lOFtioR of Recessai=y tFaRSJ:lOFtatioR, tFaYel, amt sul3sisteRce e*J:leRses of CoRtFactoF's @lflJ:llo•,•ees iRcurreEI iR Elischarge of Eluties coRRectea with the Work.

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

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

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

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with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph 6.05), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee.

g.	The cost of utilities, fuel, and sanitary facilities at the Site.

h.	Miner m1i:wnses s1::1ch as cemm1::1nicatien service at the Site, eM13ress anel ce1::1rier services, anel similar 13etty cash items in cennectien 'Nith the Werk.
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 shall not include any of the following items:

1.	Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers,

engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor's fee.

2.	Expenses of Contractor's principal and branch offices other than Contractor's office at the Site.

3.	Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments.
4.	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.

5.	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: \&.'hen the Werl< as a whale is 13erfermeel en the easis ef cast 13l1::1s, Centracter's fee shall ee Eletermineel as set ferth in the /1.greement. When the value of any Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 11.04.C.

E.	Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

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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 on account of any of the foregoing will be valid.

C.	Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.

D.	Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

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.

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.

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, subject to the provisions of the following paragraph.

E.	Within 30 days of Engineer's written decision under the preceding paragraph, Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price if:

1.	the quantity of any item of Unit Price Work performed by Contractor differs materially

and significantly from the estimated quantity of such item indicated in the Agreement;

2.	there is no corresponding adjustment with respect to any other item of Work; and

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3.	Contractor believes that it is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price, and the parties are unable to agree as to the amount of any such increase or decrease.

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

14.01	Access to Work

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

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 shall be governed by the provisions of Paragraph 14.05.

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 shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.

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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 shall be at Contractor's expense unless Contractor had given Engineer timely notice of Contractor's intention to cover the same and Engineer had not acted with reasonable promptness in response to such notice.

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 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.

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 shall be incorporated in a Change Order. If the parties are unable to agree as to the decrease in the Contract Price, reflecting the diminished value of Work so accepted, then Owner may impose a reasonable

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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 has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed.

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, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, then Contractor may submit a Change Proposal within 30 days of the determination that the Work is not defective.

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 shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.

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 rejected Work as required by Engineer, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.

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

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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 TI mes 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 1 5 - 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 on account of Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.

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. If i:ia•1A'lent is Fe€jl:lesteel en tl::le easis of rnaterials and eeil:lil')rnent net incori:iorateEl in tl::le Werl( Bl:lt deli>vered and sl:litael•t stoFed at tl::le Site er at anotl::leF locatien agreed to in 1 nFiting, tl::le Api:ilication for Pa•,•rnent sl::lall also be accorni:ianied by a bill of sale, in>voice, or otl::ler docl:lrnentation waFFanting tl::lat Owner l::las recei,.·eEl tl::le materials anEl eeil:lil')rnent free anEl clear of all Liens, anEl e>viElence that the rnaterials and eetl:lil')rnent are ce,.·erea ey ai:ii:iroi:iriate i:irei:iert11 insl:lrance, a warel::lol:lse bona, er otl::ler arrangeA'lents to l')Fotect Ovmer's interest tl::lerein, all of wl::licl::I FRl:lst be satisfactory to Owner. Progress payments are to be made only on installed material, no payments shall be made on stored material. whether on or off site, unless prior written arrangements are made with Owner.

2.	Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment.

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3.	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

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, or

b.	for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or

c.	for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or

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d.	to make any examination to ascertain how or for what purposes Contractor has used the money paid on account of the Contract Price, 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.	TeR elays after preseRtatieR ef tRe A1313lieatieR f.er PayFfleRt to 0'.t.«ner witR E:RgiReer's reeeFflFfleRelatioR, tRe alflount reEOFflA'leReleel {subjeet to an•,· OwRer set offs) •Nill l:Jeeome elue, aRel wReR elue will l:Je paiel l:J•t Owner to CeRtraetor. Owner shall make payment to the Contractor in the amount recommended (subject to the provisions of this Contract} in accordance with the prompt payment provisions contained in Sections 218.735 and 218.74, Florida Statutes. Contractor shall make payments due to subcontractors and suppliers within ten (10) days in accordance with the prompt payment provisions contained in Section 218.735(6), 218.735(7), and 218.74, Florida Statutes. Invoices from the Contractor should be directed to the District Manager.

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 on account of Contractor's conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Contractor's conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

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;

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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 that would constitute a default by Contractor and therefore justify a termination for cause has occurred;

j.	liquidated 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;

I.	there are other items entitling 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 amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, if Contractor remedies the reasons for such action. The reduction imposed shall be binding on Contractor unless it duly submits a Change Proposal contesting the reduction.

3.	Upon a subsequent determination that Owner's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.

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 seven 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

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same time submit to Owner and Engineer an initial draft of punch list items to be completed or corrected before final payment.

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 shall fix the date of Substantial Completion. Engineer shall attach to the certificate a punch list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the preliminary certificate during which to make written objection to Engineer as to any provisions of the certificate or attached punch list. If, after considering the objections to the provisions of the preliminary certificate, Engineer concludes that the Work is not substantially complete, Engineer will, within 14 days after submission of the preliminary certificate to Owner, notify Contractor in writing that the Work is not substantially complete, stating the reasons

therefor. If Owner does not object to the provisions of the certificate, or if despite consideration of Owner's objections Engineer concludes that the Work is substantially complete, then Engineer will, within said 14 days, execute and deliver to Owner and Contractor a final certificate of Substantial Completion (with a revised punch list of items to be completed or corrected) reflecting such changes from the preliminary certificate as Engineer believes justified after consideration of any objections from Owner.

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, 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 - 218.80, Florida Statutes, such Act shall control, and this Contract shall be construed to allow for the maximum amount of time allowable under the Act in order to review any punch lists and make payment.

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

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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 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 6.05 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 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 7.11), and other documents, Contractor may make application for final payment.

2.	The final Application for Payment shall 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;

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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 disputes that Contractor believes are unsettled; 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 o f Application and Acceptance:

1.	If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor's other obligations under the Contract have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer's recommendation of final payment and present the Application for Payment to Owner for payment. Such recommendation shall account for any set-offs against payment that are necessary in Engineer's opinion to protect Owner from loss for the reasons stated above with respect to progress payments. At the same time Engineer will also give written notice to Owner and Contractor that the Work is acceptable, subject to the provisions of Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.

C.	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.

D.	Payment Becomes Due: Thirty days after the presentation to Owner of the final Application

for Payment and accompanying documentation, the amount recommended by Engineer (less any further sum Owner is entitled to set off against Engineer's recommendation, including but not limited to set-offs for liquidated damages and set-offs allowed under the provisions above with respect to progress payments) will become due and shall be paid by Owner to Contractor.

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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.

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 or appealed under the provisions of Article 17.

15.08	Correction Period

A.	If within eRe-two year after the date of Substantial Completion (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents), any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions:

1.	correct the defective repairs to the Site or such other adjacent areas;

2.	correct such defective Work;

3.	if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, 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 therefrom.

B.	If Contractor does not promptly comply with the terms of Owner's written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others).

C.	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.

D.	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.

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E.	Contractor's obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this paragraph shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.

ARTICLE 16 - SUSPENSION OF WORK AND TERMINATION

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, or both, directly attributable to any such suspension. Any Change Proposal seeking such adjustments shall be submitted no later than 30 days after the date fixed for resumption of Work.

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 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) ten 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) 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.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

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,

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architects, attorneys, and other professionals) sustained by Owner, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this paragraph, Owner shall not be required to obtain the lowest price for the Work performed.

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 shall govern over any inconsistent provisions of Paragraphs 16.02.B and 16.02.D.

16.03	Owner May Terminate For Convenience

A.	Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. IA sYch case, CoRtFactoF shall !:le 13aid foF (1.vithoyt eluplicatioR of aA'J' iteRls):
1.	coA113leteel aRel acce13tal:lle V,1oFk e11ecuteel iR accoFdaAce with the CoAtFact DocYRleRts 13rioF to the effectii,,e date of terA1iRatioR, iRclYeliRg fair aRel FeasoRable SYRlS for o•,erheael a Rel 13rofit OR such Work;

2.	ex13eRses sustaiReel prioF to the effectii,,e elate of teFRliRatioR iR 13erforA1iRg seP1ices

aRel fl:IFRishiRg lal:lor, A1aterials, or eetuipRleRt as reeiYireel l:ly the CoRtract DocYRleRts iR COAAectioR with YRCOA1pleteel 'A'orl(, plYS fair aRd reasoRal:lle sums for 011erheael aRel profit OR such elEpeRses; a Rel

-	other reasoRal:lle e1113eRses diFectl1· attFil:lutal:lle to teFA1iRatioR, iRcludiRg costs iRcurreel to pFepare a teFA1iRatioR for coR•1eRieRce cost J>Foposal.

In such case, Owner will pay to Contractor all amounts due and not previously paid to Contractor for Work completed in accordance with the Contract prior to such notice, as well as the cost of reasonably protecting Work in place, and for Work thereafter completed as specified in such notice. as well as release and payment to Contractor of all retainage held by Owner related to the portion of the Work completed. No payments will be made for any potential costs of settling or paying claims arising out of termination of the Work under subcontracts, equipment leases, orders or other related arrangements. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss, or any other consequential damages of any kind. arising out of or resulting from such termination.

Upon any such termination, Contractor shall:

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;

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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 seven days written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such suspension or failure within that time, terminate the contract and recover from Owner payment on the same terms as provided in Paragraph 16.03.

B.	In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven days after written notice to Owner and Engineer, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this paragraph 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 1 7 - 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; and

2.	Disputes between Owner and Contractor concerning the Work or obligations under the Contract Documents, and arising after final payment has been made.

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and American Society of Civil Engineers. All rights reserved.  Page 70

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; or

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 Agreement by court proceedings or otherwise. then the prevailing party shall be entitled to recover from the other party all fees and costs incurred, including reasonable attorney's fees and costs.

ARTICLE 18 - MISCELLANEOUS

18.01	Giving Notice

A.	Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:

1. delivered in person, by a commercial courier service or otherwise, to the individual or to a member of the firm or to an officer of the corporation for which it is intended; or

2.	delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the sender of the notice.

18.02	Computation of Times

A.	When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

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.

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 supervisors, staff, officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

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18.05	No Waiver

	A. A party's non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.
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 or completion of the Contract or termination of the services of Contractor.

18.07	Controlling Law

A.	This Contract is to be governed by the law of the state in which the Project is located.

18.08	Headings

A.	Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

18.09	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.

18.10	Public Records

A.	Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be considered public records in accordance with Chapter 119. Florida Statutes, and other Florida law.

18.11	Construction Defects

A.	Pursuant to Section 558.005, Florida Statutes. any claims for Construction Defects are NOT subject to the Notice and Cure Provisions of Chapter 558, Florida Statutes.

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SUPPLEMENTARY CONDITIONS RELATING TO

INSURANCE REQUIREMENTS, SUBSURFACE CONDITIONS, AND HAZARDOUS CONDITIONS

The following supplements establish insurance limits and other requirements relating to Article 6 of the Standard General Conditions of the Construction Contract, EJCDC Document No. C-700 (Rev. 1), 2013

Edition (the "General Conditions"), as well as identify certain reports relating to subsurface conditions and hazardous conditions at the site, which reports relate to Article 5 of the General Conditions. Other changes have been marked directly in underlined and strike-through on the Standard Form of Agreement and the General Conditions. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

SC-5.03 SUBSURFACE AND PHYSICAL CONDITIONS

Pursuant to Paragraph 5.03.A. of the General Conditions, the following reports of explorations and tests of subsurface conditions at or contiguous to the Site are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications:

1.

2.

Pursuant to Paragraph 5.03.A. of the General Conditions, the following drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) are known to Owner and were used by Engineer in the preparation of the Contract Drawings and Specifications:

1.

SC-5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE

Paragraphs 5.06.A and 5.06.B. are hereby deleted, and the following new paragraph is added:

No reports or drawings related to Hazardous Environmental Conditions at the Site are known to

Owner.

ARTICLE 6 - BONDS AND INSURANCE

6.03	Contractor's Liability Insurance

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

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

1.	Workers' Compensation under Paragraph 6.03.A. of the General Conditions:

1

a.	State Worker's Compensation - Greater of statutorily required amount or $1,000,000 per occurrence / $1,000,000 aggregate / $1,000,000 per disease

b.	Applicable Federal (e.g., United States Longshoreman and Harbor Workers' Compensation Act, Jones Act, etc.) - Greater of statutorily required amount or $1,000,000

c.	Employer's Liability-$1,000,000

2.	Commercial General Liability Insurance under Paragraph 6.03.B. of the General Conditions:

a.	Bodily Injury, Sickness, Disease or Death, and Property Damage, per Occurrence - $3,000,000

b.	Bodily Injury, Sickness, Disease or Death, and Property Damage, Aggregate - $3,000,000

c.	Products-Completed Operations - $2,000,000
d.	Personal and Advertising Injury- $2,000,000

e.	Property Damage liability insurance will provide Explosion, Collapse, and Under-ground coverages where applicable.

3.	Automobile Liability under paragraph 6.03.D. of the General Conditions:

a.	Bodily Injury:
Each Person	$1,000,000	
Each Accident	$1,000,000	
Property Damage:		
Each Occurrence	$1,000,000	

4.	Pollution Insurance (covering third-party injury and property damage

	claims, including clean-up costs)	$1,000,000		
5.	Protection and Indemnity Insurance				
		$1,000,000		

6.	Contractual Liability coverage required by paragraph 6.03.C. of the General Conditions:
a.	General Aggregate	$2,000,000

b.	Bodily Injury and Property Damage

Combined Each Occurrence	$2,000,000	

7.	Umbrella Insurance (above the Commercial Liability, Automobile Liability, Employers Liability, Pollution Insurance, Protection and Indemnity Insurance and Contractual Liability Insurance listed herein)
a.	General Aggregate (Per Project)	$5,000,000	
b.	Each Occurrence	$5,000,000	

L.	The Contractor's commercial general liability, contractual liability, automobile liability, umbrella, and pollution liability policies shall include and list as additional insureds the following: Owner and Engineer and their respective members, parents, partners,

2

subsidiaries, affiliates, officers, directors, supervisors, staff, consultants, agents, subcontractors and employees.

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

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

3

PERFORMANCE BOND

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

CONTRACTOR (Name and Address and Phone Number):	SURETY (Name and Address of Principal Place of Business		
OWNER:				and Phone Number):		
							
Address:					
Phone Number:					
CONTRACT					
Date:					
Amount:					
Description (Name and Location):					
BOND					
Bond Number:					
Date (Not earlier than Contract Date):					
Amount:					
Modifications to this Bond Form:					

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

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

CONTRACTOR AS PRINCIPAL

Company:

Signature:	_ _ _ _ _ _ _ _ _ _	(Seal)	
Name and Title:		

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

CONTRACTOR AS PRINCIPAL
Company:

Signature:	- - - - - - - - - -	(Seal)	
Name and Title:		

EJCDC No. C-610 (2002 Edition)

SURETY

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Surety's Name and Corporate Seal

By:
Signature and Title

(Attach Power of Attorney)

Attest:

Signature and Title

SURETY

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Surety's Name and Corporate Seal

By:
Signature and Title

(Attach Power of Attorney)

Attest:
Signature and Title:

(Seal)

(Seal)

00610-0

		Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract							
		Documents Committee, the Associated General Contractors of America, and the American Institute of Architects.											
1.	Contractor and	Surety,	jointly	and		severally,	bind	themselves,	their	heirs,	responsibilities of Surety to Owner shall not be	greater than those of Contractor		
executors,	administrators, successors, and assigns to	Owner for the	performance	of the	under the Contract, and the responsibilities of Owner to	Surety shall	not be				
Contract, which is incorporated herein by	reference.																greater than those of Owner under the Contract. To a limit of the amount of this		
2.	If Contractor performs the		Contract,		Surety	and	Contractor	have no	obligation	Bond, but subject to commitment by Owner of the Balance of the Contract Price		
										to mitigation of costs and damages on		the Contract, Surety is	obligated without		
under this Bond, except to participate in	conferences as	provided in	Paragraph 3.1.		duplication for:																													
3.	If there is no	Owner Default, Surety's obligation under	this	Bond shall arise after:		6.1.	The responsibilities of Contractor for correction of defective Work	and		
	3.1.	Owner has		notified Contractor and	Surety, at	the addresses described in						
									completion of the	Contract;																								
		Paragraph	IO	below, that		Owner is		considering declaring	a Contractor		6.2.	Additional	legal, design professional, and delay	costs resulting		from		
		Default and has requested and attempted	to		arrange	a conference	with									
		Contractor and	Surety	to	be	held not	later than	I 5 days	after receipt of			Contractor's Default, and resulting from	the	actions or	failure to	act of		
		such notice to	discuss	methods		of performing the Contract.		If Owner,		6.3.	Surety under Paragraph 4; and																						
		Contractor		and	Surety	agree,	Contractor	shall be	allowed	a reasonable			Liquidated	damages,	or if		no	liquidated	damages	are	specified	in	the		
		time to perform the Contract, but	such an			agreement shall	not	waive															
	3.2.	Owner's right, if any, subsequently to declare	a Contractor Default; and			Contract,	actual	damages		caused		by	delayed	performance		or		non-		
		Owner	has		declared a Contractor	Default	and	formally		terminated	7.		performance of Contractor.			others	for obligations of	Contractor that are		
		Contractor's	right to		complete the	Contract.		Such	Contractor	Default shall		Sur ty shall not be	liable to Owner or					
		not	be	declared	earlier than	20		days after		Contractor and		Surety	have	unrelated to	the Contract, and	the	Balance	of the	Contract Price shall not	be	reduced or		
		received notice as	provided in	Paragraph 3.1; and											set off on account of any such unrelated obligations.	No right	of action shall accrue on		
	3.3.	Owner has agreed to		pay the Balance of the Contract Price to:							this Bond	to  any  person  or entity	other than	Owner		or	its		heirs,	executors,		
											administrators, or successors.																						Contract		
		I.	Surety	in	accordance with	the	terms of the		Contract;	to	perform the	8.	Surety hereby waives notice of any change, including changes of time, to				
		2.	Another contractor selected pursuant	to Paragraph 4.3			or to related subcontracts, purchase orders, and other obligations.						any		court		
			Contract.																														9.	Any proceeding, legal	or equitable, under this Bond may		be	instituted in						
4.	When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and	of competent jurisdiction	in	the	location	in	which the	Work or part of the		Work is		
		located and	shall be	instituted within two years after Contractor Default or within two		
at	Surety's expense take one	of the following actions:																years after Contractor ceased working or		within two	years after Surety refuses or	fails		
	4.1.	Arrange for Contractor, with consent of Owner, to	perform and complete	to perform its obligations under this Bond, whichever occurs first.	If the provisions of		
				this paragraph are	void	or	prohibited		by	law,	the	minimum period	of		limitation		
	4.2.	the	Contract; or						complete the	Contract itself, through its	agents	available to	sureties as	a defense in the jurisdiction of the suit	shall be	applicable.			
		Undertake	to	perform and				10.	Notice to	Surety, Owner,	or Contractor shall	be mailed or	delivered to the	address		
	4.3.	or through independent contractors; or																	shown on the	signature page.																										
		Obtain bids or negotiated proposals from qualified contractors acceptable	11.	When this Bond has been furnished to comply with a statutory requirement in the		
		to Owner for a contract for	performance and		completion of the Contract,	location where the Contract was to be	performed,	any			provision	in		this	Bond		
		arrange	for		a	contract to	be		prepared	for		execution	by		Owner	and	conflicting	with said			requirement shall be	deemed	deleted	herefrom and		
		Contractor		selected	with		Owner's		concurrence,	to	be		secured	with	provisions	conformingstatutorysuch statutory requirement	shall	be	deemed	incorporated		
		performance and payment bonds executed by		a qualified surety equivalent	herein. The intent is	that this Bond shall be	construed as a statutory bond	and not	as a		
		to the bonds issued on the Contract, and pay to Owner the amount of	common law bond.																													
		damages as		described	in Paragraph	6		excess	of	the	Balance	of the	12.	Definitions.																													
	4.4.	Contract Price incurred by	Owner resulting from Contractor	Default; or			of the Contract Price: The	total	amount	payable	by		Owner to		
		Waive its right to	perform and complete, arrange for completion, or	obtain		12.1	Balance									
		a new contractor and with	reasonable promptness under the circumstances:			Contractor	under	the	Contract	after all proper	adjustments	have	been		
		I.	After investigation, determine the amount for which it	may		be	liable to			made, including allowance to Contractor of any		amounts	received or		to be		
										received	by Owner in	settlement of insurance or		other Claims	for damages		
			Owner	and,	as	soon as practicable	after	the	amount is	determined,			to	which Contractor is entitled,	reduced by	all valid and	proper payments		
	2.		tender payment therefor to	Owner; or																	12 .2.	made to	or	on	behalf of Contractor under the Contract.											
5.		Deny liability in	whole or in	part		and	notify Owner citing reasons therefor.			Contract: The agreement between Owner and	Contractor identified on the		
	If Surety does not proceed as	provided in		Paragraph 4 with reasonable promptness,		12.3.	signature page, including all Contract Documents and changes thereto.		
Surety shall be	deemed	to	be		in	default	on	this Bond		15	days	after receipt of an			Contractor	Def ult:	Failure	of Contractor,	to	which	has	neither		been		
additional	written notice from	Owner to		Surety	demanding that	Surety		perform its			remedied nor	waived, to perform or otherwise			comply with the terms of		
obligations under this Bond, and Owner	shall	be	entitled	to enforce	any	remedy			the Contract.																											
available	to Owner.	If Surety		proceeds		as		provided	in		Paragraph	4.4,		and	Owner		12.4.	Owner Default: Failure of Owner, which	has neither been	remedied nor		
refuses the payment tendered or Surety has		denied liability,	in	whole or	in	available to							
part, without further notice Owner shall be	entitled to enforce any	remedy					waived, to	pay Contractor as	required by		Contract or to	perform and		
Owner.																					complete the Contract, and if			complete or comply with the other terms	thereof.														
6.	After Owner has terminated Contractor's right to																																		
Surety elects to act under Paragraph	4. I,	4 .2, or	4 .3	above, then the																																							

00610-1

PAYMENT BOND

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

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

OWNER:
Address:

Phone Number:

CONTRACT
Date:
Amount:

Description (Name and Location):

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

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

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

CONTRACTOR AS PRINCIPAL

Company:

Signature:	_ _ _ _ _ _ _ _ _ _	(Seal)

Name and Title:

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

CONTRACTOR AS PRINCIPAL
Company:			
Signature:	_ _ _ _ _ _ _ _ _ _ _	(Seal)	
Name and Title:		

SURETY

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Surety's Name and Corporate Seal

By:
Signature and Title
(Attach Power of Attorney)

Attest:

Signature and Title

SURETY

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Surety's Name and Corporate Seal

By:
Signature and Title

(Attach Power of Attorney)

Attest:
Signature and Title:

(Seal)

(Seal)

00615-2

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

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1.	Promptly makes payment, directly or indirectly, for all sums due Claimants, and

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

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

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

4.1.	Claimants who are employed by  or  have a direct contract with

Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy,

the amount of the claim.

4.2.	Claimants who do not have a direct contract with Contractor:

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

2.	Have either received a rejection in whole or in part from Contractor,	
	or not received within 30 days of furnishing the above notice any	
	communication from Contractor by which Contractor had indicated	
	the claim will be paid directly or	indirectly; and	
3.	Not having been paid within the	above 30 days, have sent a written	
	notice to Surety and sent a copy, or notice thereof, to Owner, stating	
that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

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

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

6.1.	Send an answer to that Claimant, with a copy to Owner, within 45 days

after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2.  Pay or arrange for payment of any undisputed amounts.

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

Surety.

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

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

I0. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations.

11.	No	suit or	action shall be commenced by a Claimant under this Bond other	
than in	a court of competent jurisdiction in	the location	in which the Work or	
part of the Work is	located or after the expiration of one	year from the date (I)	
on	which the Claimant gave the notice required by Paragraph 4.1	or Paragraph	
4.2.3, or	(2) on	which the last labor or service was performed by	anyone or the	
last materials or equipment were furnished	by anyone	under the	Construction	
Contract, whichever of(l) 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 shall be	applicable.		
12.	Notice to	Surety, Owner, or Contractor shall be mailed or delivered to the	
addresses	shown on	the signature page.	Actual receipt of notice by	Surety,	
Owner, or	Contractor, however accomplished, shall be sufficient compliance as	
of the date received at the address shown on	the signature page.			
13.	When	this Bond has been furnished to	comply with a statutory requirement	
in	the location	where the Contract was to	be performed, any provision	in this	
Bond conflicting with said statutory requirement shall be  deemed	deleted	
herefrom	and	provisions conforming to	such statutory requirement shall be	
deemed incorporated herein. The intent is	that this Bond shall be construed as a	
statutory Bond and not as a common law bond.				
14.	Upon	request of any person or entity appearing to be a potential beneficiary	
of this Bond,	Contractor shall promptly furnish a copy	of this Bond or shall	
permit a copy to be made.

15.	DEFINITIONS

15.1.	Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish

labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas,

power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's

Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

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

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

FOR IN FOR MA TJON ONLY - Name, Address and Telephone Surety Agency or Broker:

Owner's Representative (engineer or other party):

00615-3

. . = ._ _ _

Price of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
described in the Proposal Summary.

OFFICIAL PROPOSAL FORM

CANOPY COMMUNITY DEVELOPMENT DISTRICT

INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FWRIDA

TO BE SUBMITTED TO:
CANOPY COMMUNITY DEVELOPMENT DISTRICT
Greenman-Pedersen, Inc. (GPI)
Attn: Alan Wise, P.E.
1590 Village Square Blvd.

Tallahassee, Florida 32309

Due by 3:00 PM EST on - - - - - - -	2 018

TO:	CANOPY COMMUNITY DEVELOPMENT DISTRICT
FROM: - - - - - - - - - - - - - - - - - - - - - - - - -
(Name of Proposer)

In accordance with the Request for Proposals inviting proposals for Canopy Community Development District - Construction Services for Infrastructure Improvements - Units 4 and 5, the undersigned proposes to provide all work necessary to install and construct the improvements including but not limited to site work, earthwork, grading, installation of utilities, roadway construction. sidewalks. curb. gutter, landscape, irrigation. and installation of stormwater management improvements as shown on the Plans, and described in the Specifications, as repared by: Greenman-Pedersen, Inc. (GPI), dat_e_d _ _ _ _

2018.

All Proposals shall be for complete Work in accordance with the Plans. Qualified or partial Proposals will be considered non-responsive.

PRICE

Proposer submits that it can perform the work described in this Project Manual for a Total Lump Sum

_ .   as more specifically

The undersigned Proposer, having a thorough understanding of the Work required by the Contract Documents. the site and conditions where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having knowledge of the expense and difficulties attending performance of the Work. and having fully inspected the site in all particulars, hereby proposes and agrees. if this Proposal is accepted. to enter into the Construction Contract with the Owner to fully perform all Work in strict compliance with the Contract Documents, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Project and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the Work; tools. equipment, supplies, transportation

facilities. labor, superintendence and services required to perform the Work; and bonds, insurance, submittals; and all fees including without limitation permits, timber taxes. inspection fees,

maintenance bonds, as-builts and plats as needed for dedication, etc., as indicated or specified in the Contract Documents to be performed or furnished by Proposer for the LUMP SUM PRICES as indicated in the Proposal Summary.

1

TIME

Proposer submits that it can reach Substantial Completion of the work described in this Project Manual within _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .,___.. days of the issuance of a Notice to Proceed.

The undersigned Proposer agrees to commence work within fourteen (14) days after the date of a

written Notice to Proceed. The undersigned Proposer agrees that this Proposal shall be valid for a period of one hundred twenty (120) days from the date proposals are due. Proposer hereby

acknowledges that any work provided and any cost incurred by Proposer prior to receiving both the Notice of Award and the Notice to Proceed will be at Proposer's risk unless specifically agreed to in writing by the District.

DOCUMENTS AND ADDENDA

The Proposer submits that he has carefully examined the site of the proposed Work and the existing conditions, as well as the drawings and specifications. Also, Proposer has thoroughly reviewed the Request for Proposal, Instructions to Proposers, Evaluation Criteria, Standard Form of Agreement, Amendments, General Conditions, Supplementary Conditions, the Specifications and all other components of the Contract Documents and acknowledges that the following addenda covering revisions to thereto, and the cost, if any, of such revisions has been included in the enclosed Pricing Amount(s).

Addendum No. - - -	Dated: - - - - - -I - - -	I	
Addendum No. - - -	Dated: _ _	_cl_ _ _	/_ _  _	
Addendum No. - - -	Dated: - - - - - - -I- -	I	
Addendum No. - - -	Dated: - - - - - -I - - -	I	
			(Signed)		
				
			(Print Name of Signatory)	
This _ _	day of _ _ _ _ _ _	_, 2018.		(Corporate Seal)	
Sworn to before me this _ _ _	day of _ _ _ _ _ _	, 2018.	

(Notary Seal)
Notary Public/ Expiration Date

2

ORGANIZATION INFORMATION OF PROPOSER

CANOPY COMMUNITY DEVELOPMENT DISTRICT

INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

DATE SUBMITTED:	- - - - - - - -	2 0 1 8			
1.	Proposer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	/ I A Individual		
		(Company Name)		I_I A Partnership		
				I_I A Limited Liability Company	
				I_! A Corporation		
				I_I A Subsidiary Corporation	
2.	Proposer's Parent Company Name (if applicable) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	

3.	Proposer's Parent Company Address (if applicable)

	Street Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_			
	P.O. Box (if any) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_			
	City _ _ _ _ _ _ _ _ _ _ _ _ _ _	State _ _ _ _ _ _ _ _ _ _	Zip Code _ _ _ _ _	_			
	Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Fax No. _ _ _ _ _ _ _ _ _ _ _	_				
	l81 Contact Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Title _ _ _ _ _ _ _ _ _ _ _ _		_			
	2nd Contact Name - - - - - - - - - - - - -	Title - - - - - - - - - - - - - -					
4.	Proposer Company Address (if different)							
	Street Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_			
	P.O. Box (if any) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_			
	City _ _ _ _ _ _ _ _ _ _ _ _ _ _	State _ _ _ _ _ _ _ _ _ _	Zip Code _ _ _ _ _	_			
	Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Fax No. _ _ _ _ _ _ _ _ _ _ _	_				
	Telephone _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Fax No. _ _ _ _ _ _ _ _ _ _ _	_				
	1st Contact Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Title _ _ _ _ _ _ _ _ _ _ _ _		_			
	2nd Contact Name - - - - - - - - - - - - -	Title - - - - - - - - - - - - - -					
5.	ls the Proposer incorporated in the State of Florida? Yes U No U						
	5. I   If yes, provide the following:				Yes U No		
		Is the Company in good standing with the Florida Department of State, Division of Corporations?			
		Ifno, please explain _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		_				

		Date Incorporated _ _ _ _ _ _ _ _ _ _ _ _ _ _	Charter No. _ _ _ _ _ _ _ _ _ _	_	
	5.2   Ifno, provide the following:			
		The state in which the Proposer company is incorporated _ _ _ _ _ _ _ _ _ _ _ _	_	
		Is the company in good standing with the state?	Yes U No U		
		If no, please explain _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
					
		Date incorporated _ _ _ _ _ _ _ _ _ _ _ _ _ _	Charter No. _ _ _ _ _ _ _ _ _ _	_	
6.	Is the Proposer company a registered or licensed contractor with the State of Florida? Yes U  No U	

6.1	If yes, provide the following:

	Type ofregistration (i.e. certified general contractor, certified electrical contractor, etc.)

License No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Expiration Date _ _ _	_	
Qualifying Individual _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Title _ _ _ _ _ _ _ _ _ _	_	
List company(ies) currently qualified under this license _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	

6.2 Is the Proposer company a registered or licensed Contractor with Leon County and the City of Tallahassee? Y e s U N o U

6.3	Has the Proposer company performed work for a community development district previously? Yes U N o U

7.	Name of Proposer's Bonding Company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
	Address - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -			
	Approved Bonding Capacities:	Aggregate Limit	$	_ _ _ _ _ _ _ _ _	_	
			Single Project Limit	$	_ _ _ _ _ _ _ _ _	_	
			Total Current Contracts Bonded	$	_ _ _ _ _ _ _ _ _	_	
8.	Name of Proposer's Bonding Agency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
	Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_	
	Contact Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Telephone _ _ _ _ _ _ _ _	_	
9.	List the Proper's total annual dollar value of work completed for each ofthe last three (3) years starting with	
	the latest year and ending with the most current year (1) _ _ _ _ _ _ _ _ _		_,		
	(2) _ _ _ _ _ _	(3) _ _ _ _ _	_				

2

10.	What are the Proposers' company's current insurance limits?
General Liability	$ _ _ _ _ _ _ _	_	
Automobile Liability	$ _ _ _ _ _ _ _	_	
Workers Compensation	$ _ _ _ _ _ _ _ _	_	
Expiration Date			

11.	Has the Proposer company been cited by OSHA for any job site or company office/shop safety violations in

the past two years? Yes U  No U		
If yes, please describe each violation fine, and resolution _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
		
What is the Proposer's current worker compensation rating? _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	

Has the Proposer experienced any worker injuries resulting in a worker losing more than ten (10) working days as a result of the injury in the past two (2) years? Yes U No U

If yes, please describe the incident: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_

12.	Please state whether or not your company or any of its affiliates are presently barred or suspended from

bidding or contracting on any state, local, or federal-aid contracts in any state(s)? Yes U  No U		
If so, state the name(s) of the company(ies) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
		
The state, local or federal entity(ies) with whom barred or suspended _ _ _ _ _ _ _ _ _ _ _ _ _	_	
State the period(s) of debarment or suspension _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	

13.	What is the construction experience of the proposed superintendent and project manager?

		MAGNITUDE AND	YEARSOF	YEARS			
	PRESENT POSITION				JNWHAT		
INDIVIDUAL'S NAME			CONSTRUCTION	WITH			
	OR OFFICE	TYPE OF WORK			CAPACITY?		
			EXPERIENCE	FIRM			

							

14.   Have you ever failed to complete any work awarded to you? Yes U  No U		
If so, where and why? _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	

15.	Has any officer or partner of your organization ever been an officer, partner, or owner of some other organization that has failed to complete a construction contract?
	Y e s U N o U

3

If so, state name of individual, other organization and reason therefore _ _ _ _ _ _ _ _ _ _       _

16.	List any and all litigation to which the organization has been a party in the last five (5) years.

17.	Has organization or any of its affiliates ever been either di qualified or denied prequalification  talll  by a

governmental entity? Yes (   No

If so, discuss the circumstances surrounding such denial or disqualification as well as the date thereof.

18.	Within the past five (5) years, has organization failed to complete a project within the scheduled contract time? Y e s U N o U

	If so, discuss the circumstances surrounding such failure to complete a project on time as well as the date thereof.

19.	List all projects currently under contract, with a remaining contract amount of over $100,000.00 (excluding retainage) and with an expected remaining contract duration in excess of 120 days (to substantial completion).

4

The undersigned hereby authorize(s) and request(s) any person, firm or corporation to furnish any pertinent information requested by the Canopy Community Development District or their authorized agents, deemed necessary to verify the statements made in this application or attachments hereto, or necessary to determine

whether the Canopy Community Development District should qualify the Proposer for providing a Proposal for its construction projects, including such matters as the Proposer's ability, standing integrity, quality of

performance, efficiency and general reputation.

B y : - - - - - - - - - - - - - - -

(Type Name and Title of Person Signing)

This _ _    day of _ _ _ _ _ _ _      . 2018.

(Corporate Seal)

Sworn to before me this - - - -     day of - - - - - -      2018.

(Seal)	Notary Public/ Expiration Date

5

CORPORATE OFFICERS

Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_      Date

Provide the following information for Officers of the Proposer and parent company, if any.

	NAME OF PROPOSER	POSITION OR TITLE	CORPORATE	INDIVIDUAL'S RESIDENCE				
								
			RESPONSIBILITIES	CITY, STATE				

								

								

FOR PARENT COMPANY (if applicable)

SUPERVISORY PERSONNEL

Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_       Date _ _ _ _ _ _ _ _ _ _ _ _	_

What is the experience of the key management and supervisory personnel of the Proposer company for both administration as well as operations? (Attach resumes of key personnel here)

							YEARS OF	TOTAL YEARS OF		
										
						DESCRIPTION OF DIRECT JOB	EXPERIENCE IN			
INDIVIDUAL'S NAME		PRESENT TITLE				RELATED		
				RESPONSIBILITIES	PRESENT			
								EXPERIENCE		
							POSITION			

											

											

COMPANY OWNED MAJOR EQUIPMENT
(Attach additional sheets if necessary)

Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	Date _ _ _ _ _ _ _ _ _ _ _ _	_	
									
						No. LOCATED IN	
QUANTITY	DESCRIPTION	CAPACITY	FLORIDA	OTHER	

										

										

										

										

										

STATUS OF CONTRACTS ON HAND

Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(Attach additional sheets if necessary)	_	Date _ _ _ _ _ _ _ _ _ _ _ _			_		
Furnish requested information about all of Proposer's active contracts, whether as prime or subcontracts; whether in progress or		but not yet		
started; and	regardless	of with whom contracted. All amowits to be shown to nearest $1,000.	Contractor may consolidate and list awardedassingle item all		
contracts which individually do not exceed 3% oftotal active contracts and in total do not exceed 20% ofthe active total contracts.					
															PROPOSER'S UNCOMPLETED AMOUNT							
												CURRENT				AS OF THIS DATE					COMPLETION DATE		
				CURRENT				CURRENT																					
OWNER, LOCATION	CONTRACT				CONTRACT		AMOUNT													ORIGINAL	APPROVED	CURRENT		
AND DESCRIPTION OF	AMOUNT AS				AMOUNT AS	SUBJECT TO			AS PRIME				AS			CONTRACT	REVISED	ESTIMATE		
																				
PROJECT				PRIME					SUBCONTRACTOR		OTHERS	CONTRACTOR		SUBCONTRACTOR		DATE	DATE	DATE		
																																	
	$			$			$				$						$												
$						$			$				$						$												
	$						$			$				$						$											
	$						$			$				$						$											
	$						$			$				$						$												
	$							$			$				$						$												
	$						$			$				$						$												
	$						$			$				$						$												
																																
	$						$			$				$						$												
	$						$			$				$						$												
	$					$			$				$						$												
																																	
										Subtotal Uncompleted Work		$						$				I								
										Total Uncompleted Work																			
												on Hand	1 $															

PROJECTS COMPLETED BY PROPOSER IN THE LAST TWO YEARS

		Company Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _			_	Date _ _ _ _ _ _ _ _ _ _ _ _	_		
		List all projects completed in the last two years for which the contract value individually exceeded 3% of the Proposer's annual total work completed for		
		the year the project was started. Include in the list projects that were started earlier than two years but were completed within the last two years.			
																					
				FINAL	PRIME	CLASSIFICATION		YEAR			OWNER NAME/			NAME & PHONE NUMBER OF		
				CONTRACT	OR	OFWORK		STARTED/						OWNER'S REPRESENTATIVE ON THIS		
		PROJECT NAME/ WCATION	AMOUNT	sue•	PERFORMED		COMPLETED			WCATION 2			PROJECT 3			

																						

																						

																						

'Prime or Sub' should indicate whether Proposer performed the work as a prime contractor or as a subcontractor.

2	'Owner Name/Location' should indicate the Owner of the project if the Proposer performed the work as a prime contractor or the general contractor if the Proposer performed the work as a subcontractor.
	'Name & Phone Number of Owner's Representative on this Project' should list a reference from the business entity listed in the previous column familiar with Proposer's contract performance.

***END OF ORGANIZATIONAL INFORMATION FORM***

LIST OF PROPOSED SUBCONTRACTORS
AND
MAJOR MATERIALS SUPPLIERS

	NAME OF SUBCONTRACTOR	ADDRESS	PROPOSED PROJECT	PERCENTAGE	SUBCONTRACTOR'S			
								
				OF CONTRACT	AUTHORIZED			
			RESPONSIBILITIES					
				PRICE	REPRESENTATIVE			

									

CERTIFICATE AS TO CORPORATE PRINCIPAL

CANOPY COMMUNITY DEVEWPMENT DISTRICT

INFRASTRUCTURE IMPROVEMENTS- UNITS 4 AND 5

TALLAHASSEE, FLORIDA

I, _ _ _ _ _ _ _ _ _	_ , certify that I am the Secretary of the Corporation named as Principal in the	
attached bond; that _ _ _ _ _ _ _ _ _	who signed the said bond on behalf of the Principal, was then	
of said Corporation; that I know his sig n ature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in Behalf of said Corporation by authority of its governing body.

Secretary	Corporate Seal

STATE OF		)		
				
COUNTY OF	)		
		1		

ss

Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well
known, who being	by me first duly sworn upon oath, says that he is the	Attorney-In-Fact, for the	
_ _ _ _ _ _ _ _ _	and that he has been authorized by _ _ _ _ _ _ _ _ _ _ _	to execute the	
foregoing bond on behalf of the surety named therein in favor of Canopy Community Development District.

Sworn to before me this - - -    day of - - - - - - ·    , 2018.

Notary Public / Expiration Date:

(SEAL)

(Attach Power of Attorney to original Proposal Bond and Financial Statement of Surety Company)

AFFIDAVIT FOR INDIVIDUAL CANOPY COMMUNITY DEVELOPMENT DISTRICT

INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5

TALLAHASSEE, FLORIDA

STATE OF		)		
COUNTY OF	)		
	)		

ss

- - - - - - - - - - - - - - - - - - - - - - - being duly sworn, deposes and says that the statements and answers to the questions concerning experience contained herein are correct and true as of this date;

and that he/ she understands that intentional inclusion of false, deceptive or fraudulent statements on this application constitute fraud; and, that the District considers such action on the part of the Proposer to constitute good cause for

rejecting Proposer's proposal.

(Proposer must also sign here)

Sworn to before this _ _  _   day of _ _ _ _ _ _ _       . 2018.

Notary Public/ Expiration Date:

(SEAL)

AFFIDAVIT FOR PARTNERSHIP

CANOPY COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5 TALLAHASSEE, FLORIDA

STATE OF	)		
COUNTY OF	)		
	}		

ss

- - - - - - - - - - - - - -	is a member of the firm of _ _ _ _ _ _ _ _ _ _ _ _ _ _

being duly sworn, deposes and says that the statements and answers to the questions of the foregoing experience questionnaire are correct and true as of the date of this affidavit; and, that he/ she understands that intentional inclusion of false, deceptive or fraudulent statements on this application constitutes fraud; and, that the District
considers such action on the part of the Proposer to constitute good cause for rejecting Proposer's proposal.

(Signature of a General Partner is Required)

Sworn to before me this _ _ _  day of _ _ _ _ _ _	. 2018.	

Notary Public / Expiration Date:

(SEAL)

AFFIDAVIT FOR CORPORATION

CANOPY COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5 TALLAHASSEE, FLORIDA

STATE OF			)		
COUNTY OF	)		
		2		

ss

(title) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_		
of the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	___,	
(a corporation described herein) being duly sworn, deposes and says that the statements and answers to the questions
of the foregoing experience questionnaire are correct and true as of the date of this affidavit; and, that he/ she understands that intentional inclusion of false, deceptive or fraudulent statements on this application constitutes fraud; and, that the District considers such action on the part of the Proposer to constitute good cause for rejecting Proposer's proposal.

(Officer must also sign here)

CORPORA TE SEAL

Sworn to before me this _ _ _   day of _ _ _ _ _ _	. 2018.	

Notary Public/ Expiration Date:

(SEAL)

SWORN STATEMENT PURSUANT TO SECTION 287.134(2)(a) FLORIDA STATUTES,
ON DISCRIMINATION

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

1.	This sworn statement is submitted to Canopy Communitv Development District
	(print name of the public entity)		
by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
(print individual's name and title)		
for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_	
(print name of entity submitting sworn statement)		
whose business address is		

and (if applicable) its Federal Employer Identification Number (FEIN) is _ _ _ _ _ _ _ _       _

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

2.	I understand that a "discrimination" or "discriminated" as defined in section 287.134(1Xb), Florida Statutes, means a determination ofliability by a state circuit court or federal district court for a violation of any state or

federal law prohibiting discrimination on the basis of race, gender, national origin, disability, or religion by an entity; if an appeal is made, the determination of liability does not occur until the completion of any appeals to

a higher tribunal.

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

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

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

1.	A predecessor or successor of an entity that discriminated; or

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

6.	I understand that, pursuant to section 287.134(2)(a), Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity

for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any
public entity.

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

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

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

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR/VENDOR EXECUTING THIS AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED FOR THIS BID/QUOTE HAVE
BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN PLACED ON THE DISCRIMINATORY VENDOR LIST,

THE CONTRACTOR/VENDOR SHALL SUBSTITUTE THE SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT PLACED ON THE DISCRIMINATORY VENDOR LIST. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR.

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

				Signature by authorized representative of Proposer			
State of _ _ _ _ _ _ _ _	_	)		ss					
County of _ _ _ _ _ _ _	_	)							
		)							
The foregoing instrument was acknowledged before me this _ _  day of _ _ _ _ _	2018, by _ _		
- - - - - - - - - - -		of the	as identification. , who is personally known		
to me or who has produced _ _ _ _ _ _ _ _ _ _ _ _ _ _			
(SEAL)									
				Signature ofNotary taking acknowledgement					

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

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

1.	Thi s swo rn stat ement i s submitted to _ _ _   C=an=o'--p''- ' -C'" "o=m=m =u=n1=·!)' =De ve=l=o=pm=en=t=--D=-i"st ri ct-=---

by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(print individual's name and title)

fo r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(print name o f entity submitting swo rn st atement)

who se busi ness address is

_

_

2.	I underst and t hat, subject to li mit ed exempt i o ns, sectio n 287.135, Flo rida Statutes, declares a co mpany t hat, at	
	the time o f biddi ng o r submitting a propo sal for a new co nt ract	o r renewal o f an	existing co ntract , i s o n the	
	Scrutinized Co mpani es wi th Activi ti es in Sudan Li st o r the Scrutinized Co mpani es wit h Activi ties i n the	
	Iran Petro leum Energy Secto r Li st, created pursuant to  secti o n 215.473, Flo rida Statutes, i s ineligible for,	
	and may no t bid o n, submi t  a pro po sal for, o r ent er int o  or renew a co	ntract  with a lo	cal go vernmental	
	entity for go o ds o r servi ces o f $1 millio n o r mo re.			
3.	Based o n i nformati o n and beli ef, at the time t he entity submitting t his swo rn st atement	submits its propo sal	
	t o  the Cano py C o mmunity Develo pment  Di strict, neither t he entity, no r any o f it s	o fficers, directo rs,	
executives, partners, shareh o lders, members, o r agents, is listed o n either the Scrut inized Co mpanies with Activi ti es in Sudan Li st o r t he Scrut inized Co mpanies wi th Activi t ies in the Iran Petro leum Energy Secto r

List.

4.	If awarded the Co ntract , the enti ty wi ll immediately no tify the Cano py C o mmuni ty Develo pment District in writi ng if either t he entity, o r any o f its o fficers, directo rs, executi ves, partners, shareho lders, members, o r
agents, i s placed o n either the	Scrutini zed Companies with Act ivi t ies in Sudan Li st or the Scrutinized	
C o mpanies with Activities in t he Iran Petro leum Energy Secto r List.				
							
				Signature by aut ho rized representat ive of Pro po ser			
ST ATE OF FLORIDA									
COUNTY OF _ _ _ _ _ _	_								
Swo rn to (o r affirmed) and subscribed before me thi s _ _ _	day o f _ _ _ _ _ _ _	,, 20 I 8, by _ _	_		
- - - - - - - - - - - -	o f the			who  is perso nally kno wn to  me	o r	
who has pro duced _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		as i denti ficati on and who di d (did no t) take an o at h.	
							
				Signature o f No tary Public t aking ackno wledgement			
My Co mmi ssi o n Expi res: _ _ _ _ _ _ _	(SEAL)							

SWORN STATEMENT ON PUBLIC ENTITY CRIMES

PURSUANT TO SECTION 287.133(3)(N), FLORIDA STATUTES

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

I.	Thi s swo rn statement i s submitted to	- - - C = a noC.J=py-'--'_C o=mm==u=ru=·r,-Devel=o-""pm=e=n""t	=Distr=i=ct		
					
		(print name of the publi c entity)		
	by _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_		
	(print i ndivi dual's name and ti tle)			
	fo r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_		
	(print name of entity submitting swo rn statement)			

who se busi ness address i s

	and (if applicable) its Federal Emplo yer Identification Number (FEIN) is _ _ _ _ _ _ _ _	_			
	(If the entity has no FEIN, include the Social Security Number o f the individual signi ng this swo rn statement.)	
					
2.	I understand that a "publi c entity crime" as defined in Paragraph 287.133(l)(g), Flo rida Statutes, means a	
					
	vio lati on o f any state or federal law by a perso n with respect to and directly related to	the transacti o n o f	
business with any public entity or with any agency o r polit i cal subdivisio n of any o ther state or o f the Unit ed States, including, but no t limited to , any bid o r co ntract for go o ds o r services t o be pro vided to any public entity o r an agency o r po litical subdivision of any o ther state o r of the United States an d invo lving ant itrust, fraud, theft, bribery, co llusi o n, racketeering, co nspiracy, o r material misrepresentatio n.

3.	I understand that "convicted" or "co nvi ctio n" as defined in Paragraph 287.133(1)(b), Flo rida Statutes, means a

finding o f guilt o r a co nvicti o n o f a public			in any		
	ent ity crime, with o r witho ut an adjudicatio ns o f guilt,			
federal o r state trial co urt ofreco rd relating to	charges brought by indictment o r in formation after July I, 1989,		
as a result of a jury verdict, no njury trial, o r entry o f a please o f guilty o r no lo co ntendere.

4.	I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Flo rida Statutes, means:

1.	A predecesso r or successo r o f a person co nvicted o f a public entity crime; o r

2.  An entity under the co ntrol o f any natural perso n who	i s active in the management o f the entity and who	
has been co nvicted of a public entity crime. The	tenn "affiliate" includes those o fficers, clirecto rs,	
executives, partners, shareho lders, employees, members, and agents who are active in the management o f an affiliate. The ownership by o ne perso n of shares co nstituting a co ntro lling interest i n ano ther perso n, o r a po oling o f equipment o r income am o ng persons when not for fair market value under an arm's length agreement, shall be a prima facie case that o ne perso n co ntro ls ano ther pers o n . A perso n who kno wingly enters into a joint venture with a perso n who has been co nvicted o f a public en tity crime in Flo rida during
the preceding 36 mo nths shall be considered an affili ate.

5.	I un derstand that a "perso n" as defined in Paragraph 287.133(1Xe), Flo rida Statutes, means any natural perso n
			legal po wer to enter into	a		
o r entity organized under the laws o f any state or o f the United Stat es with the					
binding contract and which bids o r applies to  bid o n contracts for the pro visi o n of goods o r servi ces let by	a		
public entity, o r which o therwise transacts o r applies to  transact business with	a public entity.  The term		

"person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

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

Neither the entity submitting this sworn statement, 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 has been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime

subsequent to July I, I 989.

The entity submitting this sworn statement, or one or more of	its officers, directors, executives,	
partners, shareholders, employees,  members or agents who are	active in the management of the	
entity, or an affiliate of the entity has been charged with and convicted of a public entity crime

subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (attach a copy of the final order)

IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR/VENDOR EXECUTING THIS PUBLIC ENTITY CRIME AFFIDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED
FOR THIS BID/QUOTE HA VE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT TO JULY l,

1989. IN THE EVENT IT IS LATER DISCOVERED THAT A SUBCONTRACTOR/SUPPLIER HAS BEEN CONVICTED OF A PUBLIC ENTITY CRIME, THE CONTRACTOR/VENDOR SHALL SUBSTITUTE THE

SUBCONTRACTOR/ SUPPLIER WITH ANOTHER WHO HAS NOT RECEIVED A CONVICTION. ANY COST ASSOCIATED WITH THIS SUBSTITUTION SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR/VENDOR.

I UNDERSTAND THAT THE SUBMISSION OF Tl-IlS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND

THAT Tl-IlS FORM IS VALID THROUGH DECEMBER 31  OF THE CALENDAR YEAR IN WHICH IT IS

FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION

CONTAINED IN THIS FORM.

						(Signature)			
STATE									
COUNTY OF									
The foregoing instrument was signed and acknowledged before me this	- - - -	day of	
	2018.b							
who produced	---------------			as identification, and who (did) (did not)	
		(Type ofldentification and Number)							
take an oath.

Notary Public Signature

Printed Name ofNotary

Notary Commission Number/Expiration

TRENCH SAFETY ACT COMPLIANCE STATEMENT

INSTRUCTIONS

Because trench excavations on this Project are expected to be in excess of 5 feet, Chapter 90-96 of the Laws of Florida requires that construction on the Project comply with Occupational Safety and Health

Administration Standard 29 C.F.R. s. 1926.650 Subpart P. All Proposers are required to execute this Compliance Statement and the Compliance Cost Statement. The costs for complying with the Trench

Safety Act must be incorporated into the Project's Proposal.

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

CERTIFICATION

1.	I understand that Chapter 90.96 of the Laws of Florida (The Trench Safety Act) requires me to comply with OSHA Standard 29 C.F.R. s. 1926.650 Subpart P. I will comply with The Trench Safety Act, and I will design and provide trench safety systems at all trench excavations in excess of five feet in depth for this project.

2.	The estimated cost imposed by compliance with The Trench Safety Act will be:

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	Dollars (Written)
$_ _ _ _ _    (Figures).

3.  The amount listed above has been included within the Proposal.

Dated this _ _ _ _	day of _ _ _ _ _ _ _ _ _ _	, 2018.	
	Proposer:		

By: - - - - - - - - - - - - - - - - -

Title: - - - - - - - - - - - - - - - -

STATE OF _ _ _ _ _ _ _	_					
COUNTY OF _ _ _ _	_					
The foregoing instrument was acknowledged before me this _ _  day of _ _ _ _ _ _ _ _ _ _	,		
2018, by _ _ _ _ _ _ _ _	of _ _ _ _ _ _ _ _	, who is personally known to me or who has		
produced _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	as identification, and did [ ] or did not [	] take		
the oath.						
		Notary Public, State of Florida			
		Print Name:	- - - - - - - - - - - - - -			
		Commission	No.: - - - - - - - - - - - -	_		
		My Commission Expires: _ _ _ _ _ _ _ _			

TRENCH SAFETY ACT COMPLIANCE COST STATEMENT

INSTRUCTIONS
Because trench excavations on this Project are expected to be in excess of 5 feet, Chapter 90-96 of the Laws of Florida requires that all Proposers submit a statement of the costs of complying with the Trench Safety Act. Said costs must also be incorporated into the Proposal.

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

By executing this statement, proposer acknowledges that included in the various items of its Proposal and in the total Proposal price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Proposer further identifies the costs as follows:

Type of Trench Safety Mechanism       Quantity         Unit Cost1       Item Total Cost

							
			Project Total			
Dated this _ _ _ _	day of _ _ _ _ _ _ _ _ _ _	, 2018.				
Proposer: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		_				
		By: _ _ _ _ _ _ _ _ _ _ _ _ _	_		
STATE OF _ _ _ _ _ _ _ _	_	Title: - - - - - - - - - - - - - - - -			
COUNTY OF _ _ _ _	_						
The foregoing instrument was acknowledged before me this _ _	day of _ _ _ _ _ _ _ _ _ _	,		
2018, by _ _ _ _ _ _ _ _	of _ _ _ _ _ _ _ _	, who is personally known to me or who has		
produced _ _ _ _ _ _ _ _ _ _ _ _ _ _	as identification, and did [ ] or did not [	] take		
the oath.							
		Notaiy Public, State of Florida			
		Print Name: - - - - - - - - - - - - - -			
		Commission No.: - - - - - - - - - - - -	_		
		My Commission Expires: _ _ _ _ _ _ _ _			

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

		AFFIDAVIT OF NON-COLLUSION		
					
	CANOPY COMMUNITY DEVELOPMENT DISTRICT		
INFRASTRUCTURE IMPROVEMENTS - UNITS 4 AND 5		
		TALLAHASSEE, FLORIDA		
ST A TE OF FLORIDA						
COUNTY OF _ _ _ _ _ _	_				
I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	_, do hereby certify that I have not, either	
directly or indirectly, participated in collusion or proposal rigging. Affiant is a _ _ _ _ _ _ _ _ _	_	
(officer or principal) in the firm of _ _ _ _ _ _ _ _ _ _ _ _	, and authorized to make this affidavit on	

behalf of the same. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fmes and/or imprisonment.

Dated this _ _    day of _ _ _ _    •   2018.

		Signature by authorized representative of Proposer		
STATE OF FLORIDA			
						
COUNTY OF _ _ _ _ _	_					
	Sworn to (or affirmed) and subscribed before me this _ _ _	day of _ _ _ _ _ _ _		, 2018, by		
- - - - - - - - - - - - - -	of the	who	is	personally		
known to me or who has produced _ _ _ _ _ _ _ _ _ _ _ _	as identification and	who	did (did not)		
take an oath.

Signature ofNotary Public taking acknowledgement

My Commission Expires: _ _ _ _ _     _

(SEAL)

	MINIMUM CONTRACTOR QUALIFICATIONS STATEMENT		
	CANOPY COMMUNITY DEVELOPMENT DISTRICT		
	INFRASTRUCTURE IMPROVEMENTS- UNITS 4 AND 5		
	TALLAHASSEE, FLORIDA		
Contractor: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		_	
Contact: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		_	
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _		_	
Phone: _ _ _ _ _ _ _ _ _	Fax: _ _ _ _ _ _ _ _ _	Email: _ _ _ _ _ _ _ _	_	

Typical Work Description: Construction Services will include site work, earthwork, grading, installation ofutilities, roadway construction, sidewalks, curb, gutter, landscape, irrigation, and installation of stormwater management

improvements, and all work associated with these types of activities.

Owner: Canopy Community Development District

Minimum Qualifications: Proposers for the Canopy Community Development District projects shall have the following minimum qualifications:

(I)	Applicant will have constructed three (3) projects similar in quality and scope a minimum of $1,000,000 in total construction volume over the last five (5) years.

(2)	Applicant shall be required to provide evidence of $1,000,000 minimum bonding capacity from a Surety Company acceptable to the District.

(3)	Applicant is authorized to do business in the State of Florida.

(4)	Applicant is a licensed general contractor in the State of Florida and registered in Leon County.

The District reserves the right to waive any of the minimum qualifications or to waive any informalities or irregularities in the qualifications as deemed to be in the best interests of the District.

Certification: I hereby certify that the applicant meets or exceeds the minimum qualifications identified above. I further acknowledge that despite meeting the minimum qualifications above, the Canopy Community Development

District has the right to deny, suspend or revoke a prospective bidder's qualification for bidding on the Canopy Community Development District projects based upon the Determination of Qualified Prospective Bidder

information contained herein.

Contractor Name

Contractor Title	Date

I

CJ)m
(')-
I
0

z ><-

0

•  •  •  •  •  •	•  •  •  •  •  •

•• ••••• ••

Canopy
Community Development District

Unaudited Financial Reporting

April 30, 2018

Gh4S
Govemmental
Management Services

•  •  •  •  •  •  •  •  •  •  •  •  •  •  •

1		Table of Contents		
		Balance Sheet		
2		General Fund Income Statement		
3		Month to Month				
4		Developer Contributions Schedule			

Canopy

COMMUNITY DEVELOPMENT DISTRICT

BALANCE30, SHEET

April	2018

CASHETS:
DUE FROM DEVELOPER

DUE FROM CAPITAL

TOT AL ASSETS
ACCOUNTSLIABILIIES:PAYABLE

DUE TO DEVELOPER

DUE TO GENERAL FUND

FUND BALANCES:UITY:
UNASSIGNED

TOTAL LIABILITIES & FUND EQUITY

GENERAL

$7,844 $9,421 $75,410

$92,675

$34,021 $50,680 $0

$7,975

$92,675

CAPITAL PROJECT

$0 $0 $0 $0

$0 $0 $50,680

($50,680) $0

		Canopy			
		COMMUNITY DEVELOPMENT DISTRICT		
		Statement of Revenues & Expenditures		
		GENERAL FUND	2018		
		For The Period Ending April 30,			
		BUDGET	PRORATED BUDGET		
R	NUES:		THRU	4 30 18		
		$87,500		$51,042		
DEVELOPER CONTRIBUTIONS					
TOTAL REVENUES	$87,500		$51,042		
EXPENDITURES:					
AD_MINISTRA TIVE	$12,000		$7,000		
ENGINEERING					
ATIORNEY	$25,000		$14,583		
MANAGEMENT FEES	$35,000		$20,417		
INFORMATION TECHNOLOGY	$600		$350		
TELEPHONE	$300		$175		
POSTAGE	$1,000		$583		
INSURANCE	$5,800		$5,800		
PRINTING & BINDING	$1,000		$583		
LEGAL ADVERTISING	$5,000		$2,917		
OTHER CURRENT CHARGES	$1,000		$583		
OFFICE SUPPLIES	$625		$365		
DUES, LICENSE & SUBSCRIPTIONS	$175		$175		
TOTAL EXPENDITURES	$87,500		$53,531		
EXCESS REVENUES (EXPENDITURES)	$0				
FUND BALANCE - Beginning	$0				
FUND BALANCE - Ending	$0				

ACTUAL	
THRU 4	30 18	
	$42,714	
	$42,714	
	$0	
	$14,640	
	$20,417	
	$350	
	$18	
	$58	
	$5,000	
	$376	
	$1,049	
	$605	
	$42	
	$175	
$42,729	
	$15)	
	$7,990	
	$7,975	

VARIANCE

($8,328) ($8,328j
$7,000 ($57) ($0) $0 $157 $526 $800 $207 $1,868 ($21) $323 $0 $10,802

2

Developer Contributions

Misce\leaneous Income

Total Revenues

Expenditures

Administrative

Engineering

Attorney

Management Fees

Information Technology

Telephone

Postage

Insurance

Printing & Binding

Legal Advertising

Other Current Charges

Office Supplies

Dues, Ucenses & Subscriptions

Total Ewpenditures

Excess Revenues (Expenditures)

I

I

I

Canopy

Community Development District

Oct	Nov	Dec	Jan	Feb	Mar	Apr	May	Jun		Jul	Aug	Sept	Total	
$13,741	$3,940	$3,038	$6,364	$6,976	$5,548	$3,106		$0	$0			so	$0	$0	$42,714	
so	so	$0	$0	$0	$0	$0		so	$0			so	so	so	$0	
$13,741	$3,940	$3,038	$6,364	$6,976	$5,548	$3,106		so	$0		$0	$0	so	S42,714 I	
$0	$0	$0	$0	$0	so	$0		$0	$0		$0	$0	$0	$0	
$4,150	$862	$0	$3,313	$3,939	$2,377	$0		$0	$0		$0	so	$0	$14,640	
$2,917	$2,917	$2,917	$2,917	$2,917	$2,917	$2,917		$0	$0		$0	$0	$0	$20.417	
$50	$50	$SO	$50	$50	$50	sso	so	$0		$0	$0	$0	$350	
$18	$0	$0	$0	$0	$0	$0		so	so		so	$0	$0	SIB	
$30	$1	$2	$19	$4	$1	$1		$0	so	$0	$0	so	S58	
S5,000	so	so	$0	$0	$0	$0		so	$0		$0	$0	$0	$5,000	
S201	$46	$4	$0	$0	$119	$6		$0	$0		$0	$0	$0	$376	
$1,049	so	$0	$0	$0	$0	$0		$0	$0		$0	$0	$0	$1,o49	
$131	$66	$66	$66	$66	$81	$131		so	$0		$0	$0	$0	$605	
$21	$0	$0	$0	$0	$20	$0		$0	$0		$0	$0	$0	$42	
$175	$0	$0	$0	$0	$0	$0		$0	$0		$0	$0	$0	$175	
																
$13,741	$3,940	$3,038	$6,364	$6,976	$5,563	$3,106		so	$0		$0	$0	$0	$42,7291	
															
$0	$0	$0	$0	$0	rs15J	$0		$0	$0		$0	so	$0	1515)1	

3

Canopy Community Development District

Developer Contributions/Due from Developer

					Check		Total		General		Capital						Over and		
	Funding	Prepared	Payment										General		Capital				
	Request	Date	Received		Amount		Funding		Fund		Project		Fund		Project		(short)		
			Date				Request	Portion (FY17)	Portion (FY17)	Portion (FY18)	Portion (FY18)	$	Balance.Due		
	FY17	6/20/17	8/25/17	$	7,700.00	$	7,700.00	$	4,930.47										
								$	7,700.00	$		$							
1																		
	CASH	8/21/17	11/22/17	$	12,154.78		12,154.78		7,154.78				5,000.00	$		$			
2					$		$		$									
	FV18	9/25/17	11/22/17	$	7,427.11		7,427.11		7,427.11					$					
1	10/27/17	11/22/17		20,781.11	$	20,781.11	$	14,762.58	$	2,782.50	$	3,236.03	$		$			
2			$						$		$							
	11/27/17	12/6/17		8,438.05	$	8,438.05	$	1,858.17		2,321.48	$	4,258.40		9,560.72	$			
53	12/22/17	1/17/18	$	16,683.93		16,683.93					$	7,123.21	$					
4	1/22/18	2/6/18	$	10,959.70	$	10,959.70						3,979.10		6,980.60	$			
		2/13/18	3/12/18	$	4,664.45		4,664.45					$	2,971.30		1,693.15				
6	3/22/18	4/13/18	$	9,335.86		9,335.86					$	6,724.82	$	2,611.04	$	21,034.25		
					$						$							
7	4/23/18	5/9/18				21,034.25						6,913.63	$	14,120.62	$			
8	5/18/18				$	16,455.92					$	5,846.16	$	10,609.76	$	16,455.92		
					$													
!Due from Developer		$	98,144.99		135,635.16		43,833.11		5,103.98		46,052.65		45,575.89		37,490.17		
				$		$		$		$		$		$			
	Total Developer Contributions FY18			$	91,628.54												
	Cash balance from Dove Pond -$4930.47																

4

Canopy

Community Development District	FY18 Funding Request #8

May18,2018

Capital Project    General Fund

Payee	FY2018	FY2018

1	City of Tallahassee

	Inv #78616 Meeting Site April 03, 2018		$	65.50	
	Inv #78653 Meeting Site April 11, 2018		$	65.50	
2	Government.al Management Services-CF, LLC				
	Inv# 11 - Management Fees - May 2018		$	3,338.66	
3	Greenman-Pedersen, Inc				
	Inv# 253156 General Engineering Services March 2018	$	9,563.76		

4	Hopping Green & Sams

Inv# 99673	General Counsel March 2018			$	2,376.50	
Inv# 99674	Project Construction March 2018	$	1,046.00			
		$	10,609.76	$	5,846.16	
			Total:	$	16,455.92	

Please make check payable to:

Canopy Community Development District

1412 S. Narcoossee Road

St.Cloud, FL 34771

clo Box A-4, City Hall, 300 s. Adams St.		Invoice		
City O f Tallahassee (Qeneral Fnd 001)					
APS-Ac:counting Services Division - AIR					
Tallahassee, FL 32301					
. J	'l	Customer No.:	9992		
		Invoice No.:	78616		
I,·--------				
				
Blff To:  canopy CDD	Ship To:  Canopy CDD			
Attn: stacie V&nderbBt		Attn: Stacie Vanderbilt			
135 W. Central Blvd., Suite 320		135 W. Central Blvd., Suite 320		
Orlando, FL 32801		Orlando, FL 32801			

Invoice Mtotal	85.60	
lnvolce total	85.50	

PJ C»trl	I	'Ir	
I,, /fl. 513•(fr	q{	
		f	

Thank You

City O f Tallahassee (General Fnd 001)

APs-Accounting Services Division -AIR
c/O Box A-4, City Hall, 300 s. Adams St
Tallahassee, FL 32301

Invoice

			Customer No.:	9992		
			Invoice No.:	78653		
BHI To:  Canopy COD		Ship To:	canopy COD			
Attn: Stacie Vanderbllt			Attn: Stacie Vanderbilt			
135 W. Central Blvd., Suite 320		135 W. Central Blvd., Suite 320		
Orlando, FL 32801			Or1ando, FL 32801			
04118(1&	f O 8		T,•rm,			
			D  o  rece11)?		
I	- r a lc>r i'.llffliiiil -0!	IH U D     •T 11li			
	but was cancelled 411112018				
		Invoice 1ubtotal		55.90		
		Invoice total		es.so		

By.·-------------

Thank You

1001 Bradford Way	Invoice	
GMS-Central Florida, LLC		
Kingston, TN 37763		
	Invoice#: 11	
	Invoice Date: 5/1 /18	
	Due Date: 5/1/18	
BIii To:	Case:	
Canopy COD	P .o. Number;	
135 West Central Blvd		
Suite320		
Orlando, FL 32801		

Description			Hours/Qty	Rate	Amount		
Management Fees • May 2018	I • ' t ( O - St3.	't'..		2,916.67	2,916.67		
Information Technology • May 2018	•	3 S (		50.00	50.00		
Office Supplies		•	S,		20.69	20.69		
Postage		.IJ 1.		12.45	12.45		
Coples				338.85	338.85		
		;,nJ!,					

Total	$3,338.66	
Payments/Credits	$0.00	

Balance Due      $3,338.66

·GPf Greenman-Pedersen, Inc.

Engineering and Construction  Services

2018

Canopy Community Development District	April 26, 2018

135 West Central Blvd, Suite 320	Project No:	FLX-2017011.00

Orlando, FL 32801	Invoice No:	253156
----------------------------------ProjectFLX2017011.00CanopyCDDContinuingServices	- -.-..-.--	--.-.	--------·
Prafa11ionar Services from February 17, 201a t o March 30, 201&

Task	00100	General Services						
Professional Personnel						Amount		
Evans, Dustin					Hours	Rate			
		2/'l212018		5.00	175.48	877.40		
Supplemental	Engineers Report #1							
Evens,	Dustin		2/23/2018		2.00	175.48	350.96		
Supplemental	Engineering	Report							
Evans, Dustin		2/26/2018		4.00	175.48	701.92		
Meeting with Developer to discuss supplemental	engineering report				
Hickox, Jonathan		3/21/2018		2.00	130.00	260.00		
diagrams showing CDD assessment areas		1.75				
Hickox,	Jonathan		3/22/2018			130.00	227.50		
diagrams showing CDD assessment areas						
Hickox, Jonathan		3/23/2018		2.00	130.00	280.00		
diagrams showing COD assessment areas						
Hickox, Jonathan		3/29/2018		1.00	130.00	130.00		
diagrams showing CDD assessment areas						
WiSe,Alan		2/20/2018		2.50	175.48	438.70		
Lot Phasing,	Lot Count, Cost estimating	- Supplemental	Engineering	Report			
#1										
Wrse,Alan		2/26/2018		6.50	175.48	1,140.62		
Meeting w/ Bond Brokers,	cost estimating	- supplemental	engineering	report &			
2018 bond Issuance								
Wise,Alan		2/27/2018		6.00	175.48	1,052.88		
Cost estimating, project phasing, update exhibits,	supplemental engineering			
report#1		212.8/2018		3.00				
Wrse, Alan					175.48	526.44		
Bond info - Supplemental Engineering Repor1#1						
Wise, Alan		3/16/2018		2.50	175.48	438.70		
Call with MBS on bonding and assessment areas, acquisition package for Unit			
1, Phases 2-5								
Wlse,Alan		3/21/2018		2.00	175.48	350.96		
Supplemental	Engineering	Report #1			8.00				
Wise, Alan		3/22/2018			175.48	1,403.84		
Supplemental	Engineering	Report #1			8.00				
Wise, Alan		3/23/2018			175.48	1,403.84		
Supplemental	Engineering	Report #1							
		Totals				56.25		9,563.76		
		Total Labor								

7

( · !JID, /3·'311

9,563.76

1590 Village Square Blvd, Tallahassee. FL 32309 Tel: (805) 668-5211 Fax: (805) 668-3106 www.gplnet.com

Project	FLX-2017011.00	Canopy COD Continuing Services	Invoice	253156	
		Total this Task		$9,563.76	
		Total this Invoice		$9,563.76	

1590 Village Square Blvd, Tallahassee, FL 32309 Tel: (805) 668-5211 Fax: (805) 668-3106 www.gpinet.com

Page2

RECEIVED
Hopping Green & Sams

Attomeys and Counselors

119 S. Mom>e Sln!et, Sia. 300
P.o. Box 6526
Tallahassee, FL 32314	BY: ____     _
850.222.7500

================================= STATEMENT=================================

Canopy O>D	April 17, 2018			BIii Number	99673			
								
c/o Governmental Management Services, LLC			Billed through	03/31/2018		
135 West C.entral Blvd., Suite 320		5'	4'					
Orlando, FL	32801									
		t 31° ·513.	lS				
General Counsel		/ !						
CANCDD	00001	J U (							
FOR PROFESSIONAL SERVICE$ RENDERED							
					3.10	hrs.		
03/01/18	JLK	.Continue drafting and updating acquisition of various types of Infrastructure				
		packages, lncludlng bills of sale, enginee  certlflcate, warranty deed, affidavit				
		of costs, warranty and assignment of rights, work product releases and	related				
		documentation; conference call With engineer on same; review pay requisitions				
		and status of same.								
03/02/18	JLK	Confer regarding ac.qulsitions and constr:uctlon tlmellne; update same.		0.60	hrs		
03/05/18	JLK	Update ac.qulsitlon packages and confer with DE on same.				0.70	hrs		
03/07/18	JU(	Confer with engineer on status of acquisition package.					0.20	hrs		
03/13/18	JBC	Prepare clefldt funding agreement.					0.60	hrs		
03/19/18	JLK	Call with Manausa on assessment questions, financing tlmellne, etc; confer	1.00	hrs		
		regarding housing ordinance and impacts related to same.							
03/19/18	JBC	Prepare bu et  documents.					0.20	hrs		
03/27/18	JLK	Confer regartling agenda and finalize timellne for documents.			0.40 hrs		
03/27/18	JBC	Review budget documents.					0.20	hrs		
03/28/18	JU<	Review acquisition documents with Wise; confer regarding bonds and		1.10 hrs		
		transmittals related to same; confer regarding work product release and					
		repayment for same.								
03/30/18	CGS	Monitor proposed legislation which may Impact district.					a.so hrs		
	Total fees for this matter					$2,344.oo·		
DISBURSEMENTS						32.50		
	C.Onference Calls							
	Total disbursements for this matter					$32.50		

MAUER SUMMARY

General Counsel	Bill No. 99673					Page 2	
====-====== ======= ================= ======== ===================================	
Stuart, Cheryl G.		0.50 hrs	435 /hr	$217.50	
Cooksey, Jennings B.		1.00 hrs	245 /hr	$24s.oo·	
Kilinski, Jennifer L.		7.10 hrs	265 /hr	$1,881.50	
		TOTAL FEES					$2,344.00	
		TOTAL DISBURSEMENTS					$32.50	
TOTAL CHARGES FOR THIS MATTER					$2,376.50	
BILUNG SUMMARY								
Stuart, O,eryf G.		0.50 hrs	435	/hr	$217.50	
Cooksey, Jennings B.		1.00	hrs	245	/hr	$245.00	
Kilinski, Jennifer L.		7.10	hrs	265	/hr	$1,881.50	
		TOTAL FEES					$2,344.00	
		TOTAL DISBURSEMENTS					$32.50	
	TOTAL CHARGES FOR THIS BILL					$2,376.50	

Please include the bill number on vour check.

Hopping Green & Sams

Attorneys and Counselors

			119 S. Monroe Street, Ste. 300			
				P .0. Box 6526			
				Tallahaasee, FL32314			
=================================	850.222.7500			
	STATEMENT==-==============================		
c.anopyCOD				April 17, 2018	99674		
				BIii Number			
c/o Governmental Management Services, LLC	BIiied through	03/31/2018		
135 West Central Blvd., Suite 320				
Orlando, FL	32801						
Project Construction				
CANCDD	00103	JLK				
FOR PROFESSIONAL SERVICES RENDERED			0.70 hrs		
03/28/18	JBC	Review, prepare and dlsbibute request for proposal documents regarding			
		Welaunee Boulevard.				
03/29/18	JLK	Draft RFP package for Welaunee and resolution related tD same; transmit for	3.30 hrs		
		agenda package; confer regarding status of lnterlocal; confer regarding CEI and			
		Dove Pond status; confer regarding timing for Dempsey Mayo; confer regarding			
		acquisition of completed improvements.			

Total fees for this matter	$1,046.00	

MAUERSU_MMARY

Cooksey, Jennings B.	0.70 hrs	245 /hr	$171.50		
Kilinski, Jennifer L.	3.30 hrs	265 /hr	$874.50		
TOTAL FEES				$1,046.00		
TOTAL CHARGES FOR THIS MATTER				------ -.		
				$1,046.00		
BILUNG SUMMARY						
Cooksey, Jennings B.	0.70 hrs	245	/hr	$171.50		
Kilinski, Jennifer L.	3.30 hrs	265	/hr	$874.50		
TOTAL FEES				$1,046.00		
TOTAL CHARGES FOR THIS B I U				$1,046.00		

Please include the bill number on vour check.