Holly Hill Road East

Community Development District

12051 Corporate Boulevard, Orlando, FL  32817: 407-382-3256

The following is Lhe proposed agenda for the special meeting of the Board of Supervisors for the Holly Hi ll Road East Communityl Deve opment District, schedu led to be held

Thursday, October 11 , 2018 at 9:15 a.m. at the Offices of Cassidy Homes, 346 East Central Ave., Wintel· Haven, FL 33880. Questions or comments on the Board Meeting or proposed agenda may be addressed to Jane Gaarlandt at janeg@fishk in d.com or (407) 382-3256. As always, the personal attendance of three (3) Board Members wi ll be required to constitute a quorum.

If you would li ke to attend the Board Meeting by phone, you may do so by dialing: Phone: 1-866-546-3377 (New) Participant Code: 964985 (New)

PROPOSED BOARD OF SUPERVISORS' MEETING AGENDA

Administrative Matters

•	Roll Call to Confil'm Quorum

•	Public Comment Period [for any members of the public desiting to spec1k on any proposition before the Board}

Business Matters

1.	Amenity Center Financing

A.	Consideration of Second Joint Agreement Between Holly HilJ Road

	East Community Development Disfrict, The North Boulevard Community Development District Aud HHR East, LLC, R egarding

	The Joint Acquisition Of Certain Work Product, Improvements And Rea) Property

B.	Consideration of Resolution 2019-01 Authorizing Not to Exceed $550,000 Bond Anticipation Note, Series 2018 (Amenity Center Line of Credit)

2.	Consideration of Construction Funding Agreement with H]IR East, LLC for Phase 2 Costs

3.	Consideration ot' Acquisition Agreement with HHR East, LLC, Rega rding Phase 2 Work Product, Improvements, and Real Property

4.	Consideration of Assignment of Construction Contract for the Amenity Facility

A.  Assignment of Contract

8 . Phase 2 Construction Contract Between Tucker Paving, Inc., and HHR East, LLC

5.	Consideration of Resolution 2019-02, Direct Purchase Resolution

6.	Consideration of the Uniform Collection Agreement between Polk County Tax Collecto1· and the District

Other Business

Staff Reports
District Counsel
lnte1im Engineer

t	Disgerict Mana   r
Supervisor Requests and Audience Comments
Adjomnment

Holly

Hill

Road

East

Community Development District

Amenity

Center

Financing

Holly

Community

Hill Road East

Development District

Second

Joint

Agreement Between Holly Hill Road

East

Community Development District, The North Boulevard Community Development District And HHR

East,

LLC,

Regarding

The

Joint Acquisition

Of

Certain

Work

Product,

Improvements

And

Real

Property

SECOND AGREEMENT BETWEEN THE HOLLY HILL ROAD EAST COMMUNITY		
DEVELOPMENT DISTRICT, THE NORTH BOULEVARD COMMUNITY		
THE		JOINT		
DEVELOPMENT DISTRICT AND HHR EAST, LLC, REGARDING			
ACQUISITION OF CERTAIN WORK PRODUCT,	IMPROVEMENTS AND REAL		
				
PROPERTY				

THIS SECOND JOINT ACQUISITION AGREEMENT ("Agreement") entered into this_ day of _____, 2018, by and between:

is

made and

HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Davenport, Polk County, Florida, with a mailing address of 12051 Corporate Blvd., Orlando, Florida 32817 ("HHECDD");

NORTH  BOULEVARD  COMMUNITY  DEVELOPMENT  DISTRICT,

a  local  unit

of

special-purpose government established pursuant to ChapterStatutes,190,Florida		
and located in City of Haines City, Polk County, Florida, with a mailing address		
of 12051  Corporate  Blvd.,  Orlando,  Florida 32817  ("NBCDD",	together  with		
			
HHECDD, referred to as the "Districts" and individually as a "District"); and		

IIllR EAST, LLC,	a Florida limited liability company, primary Developer	
the District, with	a mailing address  of 346 E.	Central A venue,  Winter	
Florida 33880  ("Developer",  collectively with	the  Districts  referred  to	

within Haven, as the

"Parties"). RECITALS

WHEREAS, HHECDD and NBCDD are local units of special purpose government located entirely within Polk County, Florida that have been established for the purpose of planning, financing, constructing, installing, and/or acquiring certain improvements, facilities and services in conjunction with the development of the lands located within the Districts; and

WHEREAS, the Districts were created by Florida Statutes pursuant to the Uniform Community 190, Florida Statutes, as amended ("Act"), and are laws of the State of Florida; and

and established pursuant Development District Act validly existing under the

to Chapter 190, of 1980, Chapter Constitution and

WHEREAS,	the City of Davenport and the City of Haines City have each granted the	
Districts special powers under subsection 190.012(2)(a) to "plan, establish, acquire, construct or	
reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:	
parks and facilities for indoor and outdoor recreational, cultural, and educational uses" pursuant	
to City of Davenport Ordinance 8-14 and City of Haines City Ordinance 17-1555, respectively;	
and			
WHEREAS,	HHR  EAST,  LLC,  the  developer	of  the  lands  within  HHECDD,	
("Developer"), has approached the Districts expressing a desire for one or more of the Districts	

to acquire certain amenities, as detailed and more specifically described in HHECDD's Amended		
and Restated Engineer's Report dated March 21, 2018, and NBCDD's Engineer's Report dated		
April 2017 (together, as subsequently amended, the "Engineer's Reports"), attached hereto as		
Composite Exhibit A and by reference incorporated herein (the "Amenities");	and		

WHEREAS, the HHECDD Board of Supervisors ("HHECDD Board") and NBCDD Board of Supervisors ("NBCDD Board," and together with the HHECDD Board, "Boards" and individually as a "Board") would like to jointly acquire and/or construct operate the Amenities; and

the the and

WHEREAS,  the  Act authorizes  the Districts to  issue bonds  for  the  purpose,  among		
others, of planning, financing,  constructing or acquiring, operating and/or maintaining certain		
infrastructure, including the Amenities, within or without the boundaries of the Districts; and			
WHEREAS, as originally established, approximately fifty five percent (55%) of the total		
residential units expected to be developed within the Districts are located within the boundaries		
ofHHECDD and approximately forty five percent (45%) of the total residential units expected to		
be developed within the Districts are located within the boundaries ofNBCDD; and			
WHEREAS, the Districts have accordingly determined that HHECDD is the appropriate		
location for the Amenities to be located; and					
WHEREAS,  the  Districts  have  and presently intend to  further  finance  the  planning,		
design, acquisition, construction, and installation of the Amenities; and				
WHEREAS, to promote equity and fiscal efficiency, the Boards pursuant to that certain		
Interlocal Agreement by and between the Districts dated as of September 22, 2017, desire for		
both of the Districts to issue a proportionate share the Bonds (hereinafter defined) to fund the		
acquisition and/or construction of the Amenities; and					
WHEREAS, the Paiiies previously entered into that certain Agreement Regarding the		
Joint Acquisition Agreement of Certain Work Product, Improvements,	and Real Property dated		
				
September  22,  2017,  regarding  the  financing  and  acquisition	of  certain  work  product,		
improvements, and real estate constituting all or a p01iion of the Amenities attributable to the		
first phase of each District ("Initial Joint Acquisition Agreement");	and			
					
WHEREAS, NBCDD has issued its $4,965,000 Special Assessment Bonds, Series 2017		
(the  "NBCDD Phase  1 Bonds"),  in paii to  finance  the  acquisition and/or  construction	of a		
			
p01iion  of the  infrastructure  associated  with  Phase  1 in NBCDD,  including  p01iions  of the		
Amenities; and					
WHEREAS,  HHECDD  has  issued its  $4,160,000  Special  Assessment Bonds,  Series		
2017 (the "HHECDD Phase 1 Bonds," and together with NBCDD Phase 1 Bonds, the "Phase 1		
Bonds"), in part to finance the acquisition and/or construction of a portion of the infrastructure		
associated with Phase 1 in HHECDD, including portions of the Amenities; and			

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WHEREAS, the Districts intend to use a portion of the Phase 1 Bond proceeds to acquire		
certain work product,  improvements,  and real	estate  constituting a portion of the  Amenities		
attributable to the first phase pursuanteachofDistrict	to the Initial Joint Acquisition Agreement;		
							
and									
WHEREAS,  the Districts and Developer presently intend to enter into this Agreement		
regarding the financing and acquisition of the remainder of the Amenities not funded from the		
proceeds of	the Phase 1 Bonds, as further desciibed in the Engineer's Report (the	"Remaining		
Amenities"); and								
WHEREAS, the Districts intend to finance all or a pmiion of the Remaining Amenities		
through  the	issuance  and  delivery  by  HHECDD  to  the	Developer  of that	certain  Bond		
Anticipation Note,  Series 2018  (Amenity Center Line of Credit)  (the "Note")	and the use of		
portions  of	the proceeds from  the  issuance  of	one  or more	series  of bonds	to	permanently		
finance future phases in each District, including without limitation retirement of	the Note (the		
"Future Phase Bonds," and together with the Note, the "Future Amenity Bonds"); and		
WHEREAS, the Districts have not had sufficient monies on hand to allow the Districts		
to  contract	directly  for:  (i)	the  preparation  of	the  surveys,  testing,  reports,  drawings,  plans,		
permits,  specifications,  and	related  documents	necessary	to	complete the  Amenities  ("Work		
Product");	or (ii)  construction and/or installation of all	of	the  improvements	comprising the		
							
Amenities ("Improvements"); and							

WHEREAS, the Districts acknowledge the Developer's need to commence or commencement of development of the lands within the Districts in order to maintain permits and entitlements associated with the land within the Districts; and

cause certain

WHEREAS, in order to avoid a delay in the commencement of the development of the		
Work Product and/or the Improvements, the Developer has advance funded, commenced, and/or		
completed certain of the Work Product and/or Improvements,	and Developer may cause funds to		
			
be advanced and/or the Improvements to be completed to the extent that the proceeds of the		
Future Phase Bonds are insufficient to do so; and			
WHEREAS, the District desires to commence the purchase of certain p01iions of the Work		
Product and the Improvements, and/or accept assignment of certain agreements regarding the		
same; and			
WHEREAS, the Developer and the Districts are entering into this Agreement to set forth		
the process by which the Districts may acquire the Work Product, the Improvements, and any		
related real prope1iy interests ("Real Property") from Developer.		

NOW,  THEREFORE,	based	
covenants of the Parties, the receipt of	
the Parties agree as follows:		

upon good and valuable consideration and the mutual which and sufficiency of which are hereby acknowledged,

3

1. correct and

by

INCORPORATION OF RECITALS.  The recitals		
this reference are incorporated	as a material part of this		

stated above are true and Agreement.

2.	WORK PRODUCT AND IMPROVEMENTS.	The Parties agree to cooperate		
and  use	good  faith	and  best  efforts  to  undertake  and	complete  the  acquisition  process		
contemplated by this Agreement	on such date or dates as	the Parties	may jointly agree upon		
						
("Acquisition Date").	Subject	to  any  applicable legal requirements (e.g.,  including,  but not		
				the  use  of proceeds  from  tax  exempt	bonds),  and  the		
limited  to,  those  laws  governing				
				
			completed Work Product and		
requirements  of this Agreement,  the Districts  agree to  acquire			
					
Improvements comprising the Amenities.						

a.

Request for  Conveyance	and Supporting  Documentation	-	When  Work		
						of the		
							by or on behalf			
Product or Improvements are ready for  conveyance				
					shall notify		
Developer to HHECDD on behalf	of the Districts, the Developer			
				and/or		
		the  nature  of the  Work Product			
the  Districts  in writing,  describing				
				
Improvement and estimated cost.		Additionally, Developer agrees to provide,		
at or prior to the Acquisition Date, the following: (i) documentation	of actual		
costs paid, (ii) instruments	of conveyance such as bills	of sale or such other		
			by the Districts, and (iii) any other releases,		
instruments as may be requested			
		documentation	as	may  be  reasonably		
warranties,   indemnifications	or					
requested by the Districts.															

b.

Costs -  Subject to any applicable	legal requirements (e.g., but not limited to,		
							from  tax  exempt  bonds),  the		
those  laws  governing  the  use	of proceeds			
availability of proceeds from the Future	Amenity Bonds, and the requirements		
						cost of		
of this Agreement,  the  Districts		agree to pay the  actual reasonable			
						
							or Improvements incurred by the		
creation/construction of the Work Product			
			any and all invoices,	bills,		
Developer.  The Developer	shall provide copies of				
					
	of	costs incurred by the Developer	for any Work		
receipts, or other evidence					
							
		Each District's District Engineer shall review		
Product and/or Improvements.			
all evidence of cost and shall certify	to both District Boards the total actual		
	Engineers' opinion is reasonable for the		
amount of cost, which in each District			
	The opinion	of cost of	each District's		
Work Product and/or Improvements	.					
			a Joint Engineer's Certificate which		
District Engineer shall  be set forth in			
shall accompany the requisition for funds from each District's trustee for the		
Future Amenity Bonds ("Trustee")	.											

c.

Conveyances on "As ls" Basis -	Unless	otherwise agreed, all conveyances	of		
					
Work Product and/or Improvements shall be on an "as is" basis.  In addition,		
the Developer agrees to assign,	transfer and convey to HHECDD	on behalf of		
					
the Districts any and all rights against any and all films or entities which may		
have caused any latent or patent defects, including, but not limited to, any and		
all warranties and other f 01ms of indemnification	.				

d.

Right to Rely on Work release to HHECDD on

Product and Releases

behalf of the  Districts

- The Developer agrees to all right, title, and interest

4

e.

which  the  Developer  may  have  in  and  to  any  Work  Product  conveyed		
hereunder,  as well  as all common law,  statutory, and other reserved rights,		
including  all  copyrights  in the Work Product and  extensions  and renewals		
thereof under United States law and throughout the world, and all publication		
rights and all subsidiary rights and other rights in and to the Work Product in		
all forms, mediums, and media, now known or hereinafter devised; provided		
that Developer may make such release on a non-exclusive basis to the extent		
that Developer reasonably dete1mines that Developer requires such rights in		
connection with the ownership	or operation of the lands owned	by Developer		
							
								the Districts. To the		
within the Districts and/or	the future sale of lots within			

extent determined necessary by the Districts, the Developer shall reasonably		
obtain all releases from any professional providing services in connection with		
the  Work  Product  to  enable  the  Districts  to	use  and  rely  upon	the	Work		
Product.  The Districts agree to allow the Developer	access to and use	of the		
			However, to		
Work Product without the payment	of any fee	by the Developer.			
				causes the		
			of the Work Product			
the extent the Developer's	access to and use				
							
				such	as	copying costs, the Developer		
Districts to incur any cost or expense,					
												
agrees to pay such cost or expense.													
Transfers  to	Third Party  Governments  -	If	any  item  acquired  is	to  be		
conveyed to	a third party governmental body, then the Developer agrees to		
cooperate  and  provide	such  certifications,		documents,  bonds,	warranties,		
and/or forms	of security	as may be required	by that governmental body,	if		

any.																	

f.

Permits  -  The  Developer	agrees  to  cooperate  fully  in the  transfer	of	any		
					
		of the Districts or a governmental	entity with		
permits to HHECDD on behalf				
				this		
maintenance  obligations  for  any  Improvements  conveyed  pursuant  to			
Agreement,  provided  that  HHECDD	on  behalf	of the  Districts	or	such		
						
governmental  entity  accepts  the  associated  operation  and  maintenance		
obligations.									

g.

Engineer's	Certification	-	HHECDD  shall  accept	any  completed	Work		
									
Product and/or Improvements following each District's District Engineer (or		
other consulting	engineer reasonably acceptable to	the Districts),	in his/her		
professional  opinion,	is	able  to  certify	that,	in  addition  to	any  other		
requirements	of law:	(i) the Work Product and/or Improvements are part of		
the Amenities; (ii) the price for such Work Product and/or Improvements does		
not  exceed	the	actual	reasonable   cost	of	the		Work	Product	and/or		
												
Improvements; (iii) as to Work Product, the Work Product is capable of being		
used for the purposes intended	by the Districts, and,	as to any Improvements,		
the Improvements were installed in accordance with their specifications, and		
are capable of performing the functions	for which they were intended; and (iv)		
as to any Improvements, all known plans, pe1mits and specifications necessary		
for the operation and maintenance	of the Improvements are complete	and on		

5

	file  with the  Districts,  and  have  been transferred,	or  are  capable  of being		
						
	transferred, to the Districts for operations and maintenance responsibilities.		
3.	ASSIGNMENT  OF  CONTRACTS.	The  Parties  agree  HHECDD  shall  accept the		
			is  predicated  upon  (i)  each  contractor		
assignment	of certain  contracts.    Such  acceptance			
providing a bond in the form and manner required by section 255.05, Florida Statutes, (ii) receipt		
by HHECDD of a release from each general contractor	acknowledging each assignment and the		
					by section		
validity thereof, acknowledging the furnishing	of the bond or other security required			
				
255.05, F.S., if any, and waiving any and all claims against the HHECDD arising as a result of or		
connected with such assignment. Developer hereby indemnifies and holds the Districts harmless		
from any claims, demands, liabilities, judgments, costs, or other actions which may be brought		
against or imposed upon the Districts by any contractors,  subcontractors,  sub-subcontractors,		
materialmen, and others providing labor or services in conjunction with each such contract and		
including claims by members of the public as such claims relate to the period of time prior to the		
HHECDD's acceptance of the assignment.								
4.	CONVEYANCE OF REAL PROPERTY.	The Developer agrees that it will		
					determined		
convey to HHECDD on behalf	of the Districts at or prior to the Acquisition Date, as			
solely  by	the  Districts,  by  a	special  warranty  deed	or  other  instrument  acceptable  to  the		
HHECDD Board together with a metes and bounds or	other description,	the Real Property upon		
which  any  Improvements  are  constructed  or  which  are  necessary  for  the  operation  and		
maintenance of, and access to, the Improvements.							

a.

Cost.   The  Parties  agree  that  all  Real  Property  shall  be  provided  to  the		
Districts at no cost, unless (i) the costs for the Real Property are included	as		
part of the Amenities, and (ii) the purchase price for the Real Property	is less		
than  or  equal  to  the  appraised  value  of the  Real  Property,	based	on	an		
					
appraisal obtained by the District for this purpose.  The parties agree that the		
purchase  price  shall  not  include	amounts  attributable  to  the  value	of		
						
Improvements on the Real Property and other Improvements serving the Real		
Property that have been,willor	be, funded by the Districts.					

b.

Fee  Title  and  Other  Interests  -	The  Districts  may  determine  in  their		
reasonable discretion that fee title for Real Property	is not necessary and in		
			
such cases HHECDD shall accept such other interest in the lands upon which		
the Improvements are constructed	as the Districts deem acceptable, such as		
				
non-exclusive easement interests.				

c.

Developer Reservation -  Any	conveyance	of Real  Property hereunder  by		
						
special warranty deed or other instrument shall be subject to a reservation by		
Developer of its right and privilege	to use the  area conveyed to	enable the		
	any   Improvements	and	any   future		
construction  by  third  parties	of					
						
improvements to such area for any related purposes (including, but not limited		
to, construction vehicle ingress and egress relating to the Development) not		
inconsistent with the Districts' use, occupation or enjoyment thereof.		

6

5.

d.	Fees, Taxes, Title Insurance -  The Developer shall pay the cost for recording		
	fees and documentary stamps	required,	if any, for the conveyance	of the Real		
	Property upon which the Improvements are constructed.  The Developer shall		
	be responsible for all taxes and assessments levied on the Real Property upon		
	which the	Improvements  are	constructed until	such time	as the	Developer		
	conveys all said lands to HHECDD.	At the time	of	conveyance,	the Developer		
							other		
									insurance  policy  or			
	shall	provide,  at  its	expense,  an  owner's  title				
	evidence of title in a form satisfactory		to the Districts.								
																
e.	Boundary	Adjustments  -		Developer	and  the  Districts		agree	that	future		
	boundary adjustments may be made as deemed reasonably necessary by all		
	parties  in  order  to  accurately  describe  the  Real  Property  conveyed  to  the		
	Districts and lands which remain in Developer's ownership.  The parties agree		
	that any Real Property transfers made to accommodate such adjustments shall		
	be accomplished by donation.  However, the party requesting such adjustment		
	shall pay any transaction costs resulting from the adjustment, including but		
	not limited to taxes, title insurance, recording fees or other costs.	Developer		
	agrees that if a court or other governmental	entity determines that a re-platting		
	of the Real Property within	the Districts is necessary, Developer shall pay or		
	cause a third party to pay all costs and expenses associated with such actions.		
TAXES, ASSESSMENTS, AND COSTS.													
a.	Taxes  and Assessments  on	Property  Being Acquired.		The  Districts  are		
	exempt governmental units acquiring property pursuant to this Agreement for		
	use exclusively for public purposes.  Accordingly, in accordance with Florida		
	law, the Developer agrees to place in escrow with the County tax collector an		
																assessments					
	amount equal to the current ad valorem taxes and non-ad valorem				
	(with	the	exception	of	those	ad  valorem  taxes  and  non-ad  valorem		
								prorated to the date		of transfer of title,		
	assessments levied by the Districts)					
	based upon the  expected assessment and millage rates  giving effect to  the		
	greatest discount available for early payment.										
	i.		If,	and only to the extent	the property acquired by HHECDD is subject		
																					
			to  ad valorem taxes  or non-ad  valorem  assessments,  the  Developer		
			agrees to reimburse HHECDD for payment, or pay on its behalf, any		
			and  all  ad valorem taxes  and non-ad  valorem	assessments  imposed		
			during the calendar year in which	each parcel of	property is conveyed.		
															
	ii.		Nothing in this Agreement	shall prevent the Districts from asserting		
													imposed, if any, on		
			any rights to challenge any taxes or assessments			
										
			any property of the Districts.																
b.	Notice.	The Parties agree to  provide	notice to the other within thirty (30)		
				potential or actual taxes, assessments,		
	calendar days of receipt of	any notice	of			
	or costs, as a result of any transaction	pursuant to this Agreement,	or notice of		

7

c.

any other taxes, assessments, or costs imposed on the property acquired by the		
Districts as  described in subsection	a.	above.	The Developer covenants	to		
						
	in	a timely manner in accordance	with		
make any payments	due  hereunder					
					fails to make timely payment of		
Florida law.  In the event that the Developer			
		Developer	acknowledges		the		
any	such  taxes,  assessments,  or	costs,	the						
Districts' right to make such payment.	If the Districts make such payment,		
	Districts within thhiy	(30)	calendar		
the  Developer agrees to  reimburse		the					
days	of  receiving	notice	of  such	payment,	and	to	include	in	such		
															
reimbursement any fees, costs, penalties, or other expenses which accrued to		
the Districts as a result of	making such a payment,	including interest at the		
						made by the		
maximum rate  allowed by law from the  date	of the payment			
							
District.																			
Tax liability not created.  Nothing	herein	is	intended to create or shall create		
					of the Developer	or the Districts.		
any new or additional tax liability on behalf				
								
Furthermore, the parties reserve all respective rights to challenge, pay under		
protest, contest or litigate the imposition	of any tax, assessment, or cost in		
									and	agree  to		
good faith they believe  is	unlawfully	or inequitably imposed				
		of any such imposition.						
cooperate in good faith in the challenge							

6.	ACQUISITIONS  AND  FUTURE	AMENITY  BOND  PROCEEDS.	The		
					
		of	Future  Amenity  Bonds  to	finance  their		
Districts  shall  in  good  faith  pursue  the	issuance					
respective portions of the Amenities.	In the event that either District issues Future Amenity		
		to pay for any portion of the Amenities		acquired by		
Bonds and has bond proceeds available					
						
					of the applicable	documents relating to the		
HHECDD on their behalf, and subject to the terms				
Future Amenity Bonds, as applicable,	then the District shall promptly make payment for any		
				or Real  Property  pursuant to  the  terms  of	this		
such  acquired  Work Product,  Improvements				
Agreement; provided, however, that in the event the District's bond counsel determines that any		
such acquisitions are not properly compensable for  any reason,  including,  but not limited to		
federal tax restrictions imposed on tax-exempt financing, the District shall not be obligated to		
make payment for such acquisitions.  Pursuant to this Agreement, interest shall not accrueanyon			
amounts owed for any prior acquisitions, unless otherwise provided for in connection with the		
issuance of the Note.  In the event either District does not or cannot issue sufficient		bonds within		
five (5) years from the date of this Agreement	to pay for all acquisitions hereunder, and, thus		
does not make payment to the Developer for any unfunded acquisitions, then the Parties agree		
that such	District shall have  no  payment	or reimbursement  obligation whatsoever  for  those		
unfunded acquisitions, unless otherwise provided for in connection with payment		of the Note.		
The Developer acknowledges that the Districts	may convey some or all	of	the Work Product		
			local  government  ( e.g.,	the		County)	and		
and/or  Improvements  to  a general purpose	unit  of							
								
									prior to any		
consents to the Districts' conveyance	of	such Work Product and/or Improvements			

payment being made by the Districts.															
7.	DEFAULT.  A default by any paiiy under this Agreement	shall entitle the others		
to all remedies available at law or in equity, which may include, but not be limited to, the right of		
damages and/or specific perf01mance.															

8

8.				.  For all actions or activities	which occur prior to the date		
	INDEMNIFICATION		or Work Product hereunder,	the		
of the acquisition of the relevant	Real Property, Improvement				

Developer agrees to indemnify and hold harmless the Districts and its officers, staff, agents and		
employees	from  any  and  all  liability,  claims,  actions,	suits  or  demands  by  any	person,		
corporation or other entity for injuries, death, property damage or claims	of any nature arising		
out of, or in connection with, the use by the Developer, its officers, agents, employees, invitees		
or affiliates,  of the Real Property,	Improvement,  or Work Product, including litigation or any		
				of the initiation or notice	of		
appellate proceedings with respect thereto, irrespective of the date				
the claim, suit, etc.; provided, however, that the Developer shall not indemnify the Districts for a		
default by	the Districts under this Agreement or the use of	such Real Property,	Improvement or		
									
Work Product by the Districts,	its engineers, employees, contractors, or such persons' or entities'		
														
negligence.														
9.	ATTORNEYS' FEES AND COSTS.  In the event that any party is required	to		
				
enforce  this  Agreement  by  court  proceedings  or  otherwise,  then  the  Parties	agree	that	the		
						
prevailing party shall be entitled to recover from the other all fees and costs incurred, including		
reasonable  attorneys'  fees  and  costs  for  trial,  alternative  dispute  resolution,  or  appellate		
proceedings.														

10.	AMENDMENTS.	
this Agreement may be made only	
and the Developer.	

Amendments to by an instrument

and waivers	of the provisions contained	in		
in writing which is executed	by each District		

11.		.	The execution of this Agreement	has been duly authorized		
	AUTHORIZATION		each District and the  Deveioper;  the  Districts  and the		
by the  appropriate body  or official	of			
Developer have complied	with all the requirements of law; and the Districts	and the Developer		
				
					of this instrument.		
have full power and authority to comply with the terms and provisions			
					
12.	NOTICES.	All notices,	requests, consents and other communications under this		
				and shall be delivered, mailed by First Class Mail,		
Agreement	("Notices") shall be in writing			
							
postage prepaid, or overnight delivery service, to the parties, as follows:				

A.

lfto

HHECDD:

Holly Hill Road East Community Development District

12051 Corporate Blvd.

Orlando, Florida 32817

Attn:  District Manager

With

a copy

to:

Hopping Green & Sams, PA

119 South Momoe Street, Suite 3 00

Post Office Box 6526

Tallahassee, Florida 32314

Attn: District Counsel

9

B.

Ifto

NBCDD:

North Boulevard Community Development District

12051 Corporate Blvd.

Orlando, Florida 32817

Attn:	District Manager

With

a

copy

to:

Hopping Green & Sams, PA

119 South Momoe Street, Suite 300

Post Office Box 6526

Tallahassee, Florida 32314

Attn: District Counsel

C.

If

to

Developer:

HHREAST, LLC

346 E. Central Avenue

Winter Haven, FL 33880

Attn: Scott Shapiro

With

a copy

to:

Straughn & Turner, P.A

255 Magnolia Avenue, S.W.

Winter Haven, Florida 33880

Attn: Richard Straughn

Except as otherwise provided in this Agreement, any Notice shall be deemed received		
only upon actual delivery at the address set forth above.  Notices delivered after 5:00 p.m. (at the		
place of delivery) or on a non-business day, shall be deemed received on the next business day.		
If any time for  giving Notice contained in this Agreement would otherwise expire on a non-		
business  day,  the  Notice  period  shall  be  extended  to  the  next  succeeding  business  day.		
Saturdays, Sundays, and legal holidays recognized by the United States government shall not be		
regarded as business days.  Counsel for the Districts and counsel for the Developer may deliver		
Notice on	behalf of the Districts and the Developer, respectively.	Any party or other person to		
					any change		
whom Notices are to be sent or copied may notify the other parties and addressees of			
in name or address to which Notices shall be sent by providing the same on five (5) days written		
notice to the parties and addressees set forth herein.								
13.	ARM'S LENGTH TRANSACTION.  This Agreement has been negotiated fully		
between HHECDD, NBCDD,  and the  Developer as  an arm's length transaction.	All	parties		
		In the		
participated fully in the preparation of this Agreementthe and received		advice	of counsel.			
case of a dispute concerning the interpretation of any provision of this Agreement, all parties are		
deemed to have drafted, chosen, and selected the language, and the doubtful language will not be		
interpreted or construed against either of the Districts or the Developer.						
14.	THIRD PARTY BENEFICIARIES.is	This Agreement	solely for the benefit of		
the Districts and the Developer and no right or cause	of action shall accrue upon or by reason, to		
or for the	benefit of any third party not a formal	party to  this  Agreement.	Nothing	in this		
Agreement expressed or implied is intended or shall be construed to confer upon any person or		
corporation other than the Districts and the Developer any right, remedy, or claim under or by		
reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the		

10

provisions, representations, the sole benefit of and shall representatives, successors,

covenants, and conditions contained in this Agreement	shall inure to	
be binding upon the Districts and the Developer and their respective	
and assigns.		

15.	ASSIGNMENT.

monies to become due hereunder
hereto.

No Party to without the

this Agreement may assign this Agreement prior written approval of each of the other

or any Parties

16.	TERMINATION.	This Agreement	may be terminated upon the earlier	of (i) the		
							
District's  acquisition  of	all  Work	Product,  Improvements,  and  Real  Prope1iy  related  to  the		
Amenities, and payment	of the same, all as provided herein; or (ii) execution of	an instrument	in		
					
writing by each District and the Developer providing for such te1mination.						
17.	APPLICABLE  LAW  AND  VENUE.	This  Agreement  and	the	prov1s10ns		
contained herein shall be construed, interpreted and controlled	according to the laws	of the State		
		arising out of or related to this		
of Florida.  Each party consents	that the venue for any litigation			

Agreement shall be in Polk County, Florida.										

18.	PUBLIC RECORDS.	The Developer understands and agrees		
		in connection with this Agreement may		
of any kind provided to the Districts			
			
and treated as such in accordance with Florida law.		

that be

all documents public records

19.	SEVERABILITY.	The		
provisions  of	this	Agreement	shall not		
			or	any		
portions  of  this	Agreement,				
					
unenforceable.						

invalidity  or  unenforceability	of	any		
				
affect the validity or enforceability	of		
			
part	of	this  Agreement	not  held  to		

one  or  more	
the	remaining	
be	invalid  or	

20.	CONFLICTS.
the  te1ms	of	the  Initial	Joint		
					
Agreement shall control.			

To the extent that the Acquisition Agreement,

terms of this Agreement conflict		
the  Parties  agree  the  te1ms	of		

with this

21.	LIMITATIONS	ON  GOVERNMENTAL	LIABILITY.		Nothing	in  this		
								
			of liability	of	the Districts beyond		
Agreement shall be deemed	as a waiver of	immunity or limits					
	of	immunity or limits of liability	which may have been adopted by		
any statutory limited waiver					
			or other law, and nothing in this		
			768.28,	Florida Statutes,			
the Florida Legislature in Section					
				of allowing any claim		
		of any third party for the purpose			
Agreement shall inure to the benefit				
which would otherwise be ban-ed by sovereign immunity or by other operation	of law.			

22.	HEADINGS FOR CONVENIENCE ONLY.	
Agreement are for convenience only and shall not control nor	
of any of the provisions of this Agreement.	

The descriptive headings in this affect the meaning or construction

23. counterparts, counterparts

COUNTERPARTS.	This		Agreement	may  be		
						
each of which when executed	and delivered shall be		
		one  and  the  same		
together  shall  constitute,  but			

executed  in	any  number	of		
				
an original; however, all such		
instrument.	Signature  and		

11

acknowledgment pages, copy of this document to

if any, may be detached from the counterparts	and attached to a single		
			
physically f01m	one document.			

24.	EFFECTIVE DATE.

2018.

This Agreement shall be effective

as

of

------

[REMAINDER OF PAGE INTENTIONALLYBLANKLEFT.]

12

WHEREFORE,

the Pmiies below execute this Agreement.

Witness:

HOLLY HILL ROAD EAST	COMMUNITY		
			
DEVELOPMENT DISTRICT			

Chairperson,

Print Name

Bom·d

of

Supervisors

Witness:

Print Name

Witness:

Print Name

Witness:

Print Name

Witness:

Attest:	--------------		
			
	Secretary		

NORTH BOULEVARD COMMUNITY DEVELOPMENT DISTRICT

Chairperson, Board of Supervisors

Attest:	--------------		
			
	Secretary		
IDIREAST,LLC		

Print Name	By:  Scott Shapiro		
	Its:  Manager		
			
Witness:			

Print Name

13

EXHIBIT

A

AMENITIES

14

Holly

Hill

Road East

Community

Development District

Resolution 2019-01

							RESOLUTION NO. 2019-01																
A RESOLUTION AUTHORIZING THE ISSUANCE AND DELIVERY OF					
A	HOLLY   HILL   ROAD   EAST   COMMUNITY   DEVELOPMENT					
DISTRICT (CITY OF DAVENPORT, FLORIDA) BOND ANTICIPATION					
NOTE,  SERIES  2018  (AMENITY  CENTER  LINE  OF  CREDIT),  IN  A					
PRINCIPAL	AMOUNT	NOT	TO	EXCEED  $550,000,		TO	PROVIDE					
INTERIM  FUNDS	FOR	THE  PAYMENT	OF  A  PORTION  OF  THE					
													SERVE					
									TO				CENTER							
																									
COSTS OF THE ACQUISITION OF AN AMENITY															
RESIDENTS OF THE DISTRICT AND OF THE NORTH BOULEVARD					
COMMUNITY    DEVELOPMENT	DISTRICT;		APPROVING    THE					
PRIVATE   PLACEMENT   NEGOTIATED   SALE   OF   THE   NOTE,					
APPOINTING A PAYING AGENT AND REGISTRAR FOR THE NOTE;					
CREATING  A  NOTE  REDEMPTION  ACCOUNT;  PROVIDING  FOR					
INCIDENTAL ACTION; AND PROVIDING FOR SEVERABILITY AND					
AN EFFECTIVE DATE.																										
WHEREAS,	Holly Hill Road	East Community Development District (the "District") is a		
local unit of special-purpose	government organized and existing in accordance with the Uniform		
					of 1980,	Chapter 190, Florida	Statutes, as	amended	(the		
Community Development	District Act							
								
													of the		
																						
"Act"), and Ordinance No. 814 enacted by the City Commission (the "City Commission")				
			841		
City of Davenport, Florida (the "City") on July  10, 2017, as	amended by Ordinance	No.			
							
enacted by the City Commission	on March 5,	2018; and																			
																											
WHEREAS,	North	Boulevard Community Development District ("North Boulevard,"		
and collectively with the District, the "CDDs") is also a local unit of special-purpose	government		
			by the		
organized and existing in accordance with the Act, and Ordinance No. 17-1555 enacted			
					
City Commission of the City of Haines	City, Florida on April	6,	2017; and										

WHEREAS,	the CDDs	were created for the purpose of delivering certain community		
development services	and facilities  within their respective jurisdictions, and the CDDs	have,		
through an Interlocal	Agreement, dated as of September	20, 2017 (the "Interlocal Agreement")		
		acquisition		of	ce1iain	infrastructure		
			the	planning,		financing	and								
decided	to  undertake													
																			
												(the "Amenity Center"), to be		
			the Act consisting	of an amenity center			
to									
improvements pursuant	by the District,	as described in	Schedule "I"	hereto;	and								
located within and owned													

WHEREAS,	the CDDs	have entered into an agreement with HHR East LLC, a Florida		
		"Developer"),	dated  September  22,		2017		(the	"Initial		Joint		
limited  liability  company	(the											
Acquisition Agreement") for the joint acquisition	of ce1iain work product,	improvements and		
											
real estate constituting		a portion	of the Amenity	Center, up to the amount	of $1,000,000; and		

																															

WHEREAS, it is the		
series of Series 2017	Bonds		
			
improvements, and real estate		
Joint Acquisition Agreement;		

CDDs intention to use a portion of the proceeds of their respective		
(as hereinafter defined) to jointly acquire  certain work product,		
constituting a portion	of the Amenity Center	pursuant to the Initial		

and				

WHEREAS,  the	CDDs  and	the  Developer  now	intend  to  enter	into  a	second joint		
acquisition  agreement  for  the	joint	acquisition	of	the	remainder  of	the  Work	Product,		
							of which		
									the nature and cost			
Improvements and/or Real Property relating to the Amenity Center,				
are to be determined by the District Engineer (the "Second Joint Acquisition Agreement," and		
together with the Initial Joint Acquisition Agreement, collectively refeffed to herein as the "Joint		
Acquisition Agreements"); and																		
WHEREAS, pursuant to the Second Joint Acquisition Agreement, the Developer will		
agree to fund the costs of the Amenity	Center to the extent that proceeds	of the	Series 2017		
						
Bonds  and  Amenity  Bonds  (as  defined  herein)  issued  in  the  future  by  the  CDDs  for  such		
purpose, are insufficient; and																			
WHEREAS,  the	District  has  authorized  the  issuance		of	not  to	exceed  $18,000,000		
			which  $4,160,000	in principal		
aggregate  principal  amount	of	Special Assessment  Bonds,  of				
				for the purpose	of funding	a portion	of the costs of the		
amount have previously been issued						
										for  the District's Phase  1		
acquisition and construction	of	certain infrastructure improvements			
									
							Center) and are outstanding (the "HHRE		
(which included a portion	of the costs of the Amenity			

Series 2017 Bonds"); and																				
WHEREAS, North Boulevard has authorized the issuance	of not to exceed $15,000,000		
aggregate  principal  amount	of	Special  Assessment  Bonds,  of	which  $4,965,000	in principal		
				for the purpose	of funding	a portion	of the costs of the		
amount have previously been issued						
										for the North Boulevard's		
acquisition and construction	of	certain infrastructure improvements			
									
			of	the costs of	the Amenity	Center) and are outstanding (the		
Phase 1 (which included a portion						
														
"NB  Series  2017 Bonds"  and together with the HHRE  Series 2017  Bonds, the  "Series 2017		
Bonds"); and																				

WHEREAS, the CDDs intend to		
the Amenity Center from a portion	of the		
			
series of Special Assessment	Bonds (such		

fund the remaining costs of acquiring	and constructing		
			
proceeds of outstanding Series	2017 Bonds and future		
				
portion collectively, "Amenity Bonds"); and		

WHEREAS, because the Amenity Center must be completed before a sufficient amount		
of Amenity Bond proceeds	will be available to fund it, the Developer	has agreed pursuant	to the		
				of the		
Joint Acquisition Agreements to advance funds periodically on an interim basis on behalf			
District to acquire, construct	and equip the portions of	the Amenity	Center for which Amenity		

Bond proceeds are not available (the "Loan"), and							
WHEREAS,  the District wishes to  evidence its  obligation to  repay the  Loan by the		
issuance of a bond anticipation	note to the Developer, pursuant	to the Constitution and laws of		
							
		of the Act; and						
the State of Florida, specifically Section 190.014							
WHEREAS, in the event that Amenity Bonds cannot be issued in the future to repay the		
Loan, the District intends to authorize the imposition,	levy and collection	of non ad valorem		
				("Amenity  Special		
special  assessments  pursuant  to  Chapters  170  and  197,  Florida  Statutes			
Assessments"), on benefited	lands within Phase	3, and if the District	boundaries are amended to		
							
	to repay the Loan;								
add it, Phase 4 of the District									
										
NOW, THEREFORE, BE IT RESOLVED THAT:						

2

Section 1:	Description  of	Note.	The  Board	of	Supervisors	of	the	District  (the		
"Board") hereby authorizes		the borrowing	of money and the issuance	of a Bond Anticipation		
	of Credit)	(the "Note") in fully registered	certificated form	as herein		
Note (Amenity Center Line						
												
				of its issuance	and delivery, shall evidence advances		
provided. The Note shall be dated the date				
in  the  aggregate  principal		amount	of	not  to	exceed		$550,000,  shall  mature  no  later  than		
											or in part	at  any	time  without		
					to	redemption  in whole						
December  5,  2020,	shall be  subject									
				from the date	of	each advance at a rate	of	5.50% per		
premium or penalty, shall bear interest							
					Section			159.825(1)(d),	Florida	Statutes,		
annum,  subject to  compliance with the provisions of									
					shall	be  repaid  first		from  the		
payable	at	maturity	or  upon  earlier		redemption  thereof,  and								
proceeds of each series of	Amenity Bonds when, as and		if	issued	by the District to pay a pro-rata		
portion	of	the  cost	of the	Amenity		Center;  and  second,  from  the	proceeds	of	collection  of		
														
Amenity Special Assessments, when, and if levied and collected by the District on lands within		
Phase	3,	and if the District boundaries are amended to add it, Phase 4 of the District.		The Note		
shall	be	in	substantially	the  form  of	"Exhibit "A"	attached		hereto,  which  form  is  hereby		
									as	shall be approved by the		
							additions, deletions and insertions				
approved, subject to	such changes,					
													
Chai1man or Designated Member and the Secretary or an Assistant Secretary, which approval		
shall be conclusively evidenced by the execution thereof.																
	Section 2:	Negotiated Sale		of Note.	The Note shall be sold by a private	negotiated		
sale to the Developer.	It is hereby	found, ascertained, determined and declared by the Board that		
					of	the	District	in  an	aggregate	principal  amount  not		
a  private  negotiated	sale	of the  Note								
exceeding $550,000	to the Developer	will best effectuate the purposes	of	the Act, is in the best		
					of	the		issue and		
				by,	in general, the			characteristics						
interest	of	the District and		is necessitated											
												as	to  which		
												additional	reasons,					
prevailing  market  conditions  and  specifically,  the  following								
														
specific findings are hereby made:																								
	(a)	because of the complexity of the financing structure	of	the Amenity	Center, and		
the need for funding	of components		of	the Amenity Center on a draw-down basis prior to the		
issuance of Amenity Bonds	to fund the public infrastructure	of future phases of development		
																
within the District, it is desirable to issue the Note pursuant to a private negotiated sale;			

(b) District, it is

because in the best

of the uncertainty of interests of the District

timing to sell

of the

development of Note by a private

future  phases  of
negotiated sale;

the

(c)	issuing the Note on a taxable draw-down basis to the Developer provides the most attractive financing for the District; and

(d)	the District will not be adversely affected if the Note is not sold pursuant to a competitive sale.

The consummation of the Loan through the negotiated sale of the Note to the Developer	
is  hereby authorized pursuant to  Section 218.385,  Florida	Statutes,  as  amended.   The Board	
hereby  authorizes  and  directs  the  Chai1man  or  the  Chairman's  designee  (the  "Designated	
Member") to take all action necessary to consummate such sale, upon approval by the District	
Manager and consultants, provided that the aggregate principal amount advanced on the Note	
shall not exceed $550,000, the Note shall be redeemable in whole or in part at any time at a price	

3

of 100% of not be sold,

the principal amount to	be redeemed	plus accrued interest thereon.  The Note shall		
				
assigned or transferred in any manner.			

The actions of the District	and its officers and consultants previously taken regarding the		
		ratified and confirmed and the District and its officers and		
negotiation of the Loan are hereby			
consultants are hereby authorized and directed to take such further action as the District or its		
officers or consultants deem necessary or desirable to effect the purposes	of the Loan.		

Section 3:	Execution	of Note.	The Note shall be		
					
of the  Chairman	or  a  Designated  Member  of the  Board		
signature  of the  Secretary  of	the  Board  and  the  seal  of		
impressed or reproduced by facsimile thereon.		

executed with the manual signature and countersigned by the manual the District shall be imprinted or

Section 4:	Security and Source	of Payment of Note.	The principal of and interest on		
the Note shall be payable	solely from, and shall be secured	solely by, and the Developer shall		
			and interest	on the Note on, the		
							of the unpaid principal of				
have a first and prior lien to the extent					
								
proceeds of	(i) Amenity Bonds	issued to permanently fund acquisition	and construction of all or		
						Bonds are not issued		
										if	issued, and (ii) if	Amenity			
a portion of	the Amenity Center, when and as						
in an amount sufficient to pay the Note at maturity, Amenity Special Assessments, when, and if,		
levied and collected on lands within	Phase 3,	and if the District	boundaries are amended to add		
				of the portions	of the Amenity		
														
it, Phase 4 of the District to fund the acquisition and construction				
Center that have not been previously acquired or constructed with the proceeds	of outstanding		
				
Amenity Bonds.																											
THE NOTE IS A LIMITED OBLIGATION OF	THE DISTRICT	PAYABLE SOLELY		
AS  PROVIDED  HEREIN  AND  NEITHER  THE  PROPERTY,  THE  FULL  FAITH  AND		
CREDIT, NOR THE TAXING	POWER	OF	THE DISTRICT,	THE CITY, POLK COUNTY,		
					(THE	"STATE"),  OR  ANY		
		THE  STATE	OF  FLORIDA				
FLORIDA  (THE  "COUNTY"),						
					SECURITY FOR THE		
				THEREOF,  IS  PLEDGED AS			
OTHER POLITICAL SUBDIVISION				
PAYMENT	OF	THE  NOTE,		EXCEPT  THAT  THE  DISTRICT	IS		OBLIGATED,  IF	IT		
														
						AMOUNT	OF AMENITY	BONDS  TO FINANCE THE		
CANNOT ISSUE A  SUFFICIENT					
						OF	THE  AMENITY		
					OF	ALL  OR A  PORTION				
ACQUISITION  AND  CONSTRUCTION						
CENTER, TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIED,		
FOR COLLECTION, AMENITY SPECIAL ASSESSMENTS TO  SECURE AND PAY THE		
NOTE.  THE NOTE DOES NOT CONSTITUTE AN INDEBTEDNESS		OF	THE DISTRICT,		
THE CITY,  THE COUNTY,  THE  STATE,  OR ANY OTHER POLITICAL  SUBDIVISION		
THEREOF  WITHIN  THE  MEANING	OF	ANY  CONSTITUTIONAL	OR  STATUTORY		

PROVISION OR LIMITATION	.																						
																							
The	District hereby  agrees  to  take	such actions  as  are	necessary	to	repay the Note,		
including without limitation,	the	issuance	of Amenity	Bonds  and the  levy and collection	of		
						described herein.  The District		
		in the manner and to the extent			
Amenity Special Assessments					
				which		the	Amenity  Special		
				assessment	proceedings  under						
covenants  and	agrees  that  the								
Assessments  shall  be  authorized  and  approved,  shall  provide		for  levy		and	collection  of	all		
												
amounts due with respect to the Note.																				

4

Section 5:	Paying  Agent	and  Registrar.		
				
Manager shall serve as Paying Agent and Registrar for		

The Board acting through the District the Note.

Section 6:	Use of Proceeds of	the Loan.	Incremental	payments or advances made by		
					construction, equipping and		
the Developer to pay a pmiion	of the costs of the design, acquisition,			
											
			Center  shall  constitute  advances  under  the  Loan;		
installation  of pmiions  of		the  Amenity			
provided, however, that in the event the Districts' bond counsel or District Engineer determines		
that any such payment or advance is not properly compensable for any reason, including, but not		
limited to federal tax restrictions imposed on tax-exempt financing, such payment or advance by		
the  Developer  shall  not  constitute  an  advance  under  the  Loan  and  the  CDDs  shall  not  be		
obligated  to  make  payment		for  such.		Prior  to	or	simultaneously	with	such	advance	the		
Developer shall provide the District and the District Engineer with a written	notice	of advance,		
listing the dollar amounts and payees, and Developer and District Engineer shall certify that such		
advance represents a portion	of the cost	of the Amenity	Center describedthein	Joint Acquisition		
					The form	of	such Notice	of		
					of any prior advance.						
Agreements  and has  not been the basis							
							
Advance is attached hereto	as	Exhibit B.																	
																						
Section 7:	Creation		of Note Redemption Account.	There	is hereby	authorized the		
establishment of an account		to be maintained by the District	designated	as the "Holly Hill Road		
						(the	"Note	Redemption		
East  Community  Development  District Note  Redemption  Account"					
Account") which account shall be separate and apaii from all other funds and accounts	of	the		
District.  The District shall deposit into the Note Redemption Account,	the portion of proceeds of		
		Center, or in the event		
Amenity Bonds of each series allocable to acquisition	of the Amenity			
there are not sufficient Amenity Bond proceeds to repay the Loan, then proceeds	of	the Amenity		
Special Assessments levied	on lands within Phase	3, and if the District	boundaries are amended		
										
											Amenity Center improvements		
to  add it, Phase 4 of the District in respect of the assessable			
constructed or acquired by the Developer and conveyed to the District, in amounts sufficient to		
pay the principal	of the Note and accrued	interest thereon, whether at maturity or upon prior		
																
redemption.																							

Section 8:	Resolution	to Constitute a Contract.	Upon the closing		
					
			authorized, this Resolution will constitute a		
the issuance of	the Note hereby			
Developer and the Developer may enforce the provisions hereof by appropriate		

of the Loan contract with proceedings.

and the

Section 9:	Defeasance.  If, at any time the District	shall have paid the principal	of and		
						
interest on the Note then, and in that event, the right, title and interest	of the Developer in the		
Note Redemption Account	as set fmih in Section 7 hereof shall no	longer be in effect,	the Note		
					and		
	to	be outstanding and unpaid for the purposes of this Resolution			
shall no longer be deemed					
					
this Resolution shall thereupon cease, determine and become void without further action	of the		
				
Board.																	
Section 10:	Modification  or  Amendment.	Modifications	and  amendments  to  this		
Resolution or any proceeding	of the Board amendatory hereof	may be made without the consent		
					or curing,  conecting or		
		of clarification,  curing any ambiguity			
of the Developer for purposes				
supplementing any defective provisions (whether because	of	any inconsistency with any other		
provisions hereof or otherwise),	in such manner as shall not impair	the security for or adversely		
					or amendment		
			no	other modification			
affect the rights of	the Developer; provided, however, that					

5

of this Resolution or may be made without

of any proceeding of the the consent in writing of

Board amendatory hereof or supplemental hereto, the Developer.

Section 11:	Remedies.			The  Developer  may  by  suit,  action,  mandamus  or  other		
						jurisdiction, protect and enforce any and all rights under		
proceeding in any court of		competent			
the laws of the State of Florida,	or granted and contained in this Resolution, and may enforce and		
								by this Resolution or by any applicable statutes to		
compel the performance of		all duties required			
																
be performed by the District or by any officer thereof.													
Section 12:	Other Actions.	The Chairman, a Designated Member, the Secretary and all		
									are hereby authorized and directed		
other employees and consultants	of the Board and the District			
					and delivery of the Note		
														
to take all actions necessary or desirable in connection with the issuance			
and the consummation of the Loan and all transactions	in connection therewith, including the		
execution of all necessary	or desirable certificates, documents, papers, and agreements and the		
		of all transactions referred	to in or contemplated by this Resolution.		
undertaking and fulfillment				
														
The District hereby covenants and agrees with the Developer, that (i) it will use its best efforts to		
pursue and accomplish the issuance,	sale and delivery of	Amenity Bonds in anticipation of which		
the Note is issued and will	do all things within its power to effect the issuance,	sale and delivery		
thereof; and if Amenity Bonds			cannot be issued or proceeds thereof are not sufficient to fully		
fund acquisition of the Amenity Center, (ii) it will take all steps as necessary	within a reasonable		
time to impose, levy and collect		Amenity Special Assessments in amounts sufficient to retire the		
																				
Note.																								
Section 13:	Severability.	If	any one or more	of the provisions	of this Resolution or of		
the  Note  herein authorized		shall  for	any  reason be  held  illegal  or  invalid,  such  illegality  or		
invalidity shall not affect any other provision	of this Resolution or of the Note, but this Resolution		
			as if such illegal	or invalid provision had not been		
and the Note shall be construed	and enforced				

contained therein.																								
Section 14:	Open Meetings.	It is hereby found and determined that all official acts of		
the District concerning and relating to the issuance, sale, and delivery	of	the Note, including but		
not limited to  adoption of		this		Resolution	by the Board, were taken  in open meetings	of the		
								
						of the members	of the Board	that resulted in such		
members of the Board and all deliberations						
official  acts  were	in meetings	open to  the		public,  in	compliance with	all  legal  requirements		
including, but not limited to, the requirements	of Florida Statutes, Section	286.011			

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6

Section

adoption.

15:

Effective Date.

This Resolution  shall take  effect immediately upon  its

PASSED	in  Public  Session	of		
				
Community Development District,	this 11		

the  Board  of  Supervisors
th day of October, 2018.

of

Holly  Hill  Road  East

Attest:

HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary,

Board

of

Supervisors

Chairman,

Board

of

Supervisors

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of

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SCHEDULE I DESCRIPTION OF AMENITY CENTER IMPROVEMENTS

Description

Parks and Amenities

Amount $997,163*

* Estimates are based on 2018 costs.	
Source:Hill Holly	Road East Community Development District First Amendment	
to  the  Amended  and  Restated  Engineer's  Report  prepared  by  Dennis  Wood	
Engineering, LLC, dated June 2018.	

Schedule-I

EXHIBIT A FORM OF THE NOTE

No.

R-1

Not to Exceed $550,000

UNITED STATES OF AMERICA STATE OF FLORIDA HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT (CITY OF DAVENPORT, FLORIDA) BOND ANTICIPATION NOTE, SERIES 2018 (AMENITY CENTER LINE OF CREDIT)

Interest
Rate

5.50% Registered Owner: HHR EAST, LLC Principal Amount:TO NOT EXCEED

Dated		Maturity		
Date		Date		
September 19,	2018	December	5, 2020		

FIVE HUNDRED FIFTY THOUSAND DOLLARS

HOLLY  HILL  ROAD  EAST  COMMUNITY  DEVELOPMENT  DISTRICT,  a		
community development		district duly  created	and	existing pursuant to	Chapter  190,	Florida		
Statutes	(the	"District"),		which  shall	also  serve	as  Registrar	and  Paying  Agent,  for  value		
							hereinafter mentioned)	to the		
					to pay (but only out of the  sources				
received,	hereby promises					
					the principal amount		
registered Owner set forth above, on the Maturity Date set forth above,			
shown  above,  or  so  much  thereof	as	has  been  advanced  on  behalf	of	the  District	by  the		
Registered Owner pursuant to the Note Resolution (as defined herein), and to pay (but only out		
of the sources hereinafter	mentioned) interest on the outstanding principal amount hereof from		
			to the Maturity	Date set forth above or earlier Redemption Date		
the Dated Date set forth above				
							the foregoing, if the		
(hereinafter defined), at the rate per annum set forth above.  Notwithstanding			
Maturity Date	is not a Business	Day (hereinafter defined), then all amounts due on the Maturity		
						Day succeeding such Maturity Date, but shall be		
Date shall be	payable on the first Business			
deemed paid on the Maturity Date.  The term "Business Day" shall mean any day other than a		
Saturday	or  Sunday  or	other	day  on	which	banking  institutions  in	the	City  in	which  the		
Registered Owner is located are authorized or obligated to be closed.  The payment	of principal		
at maturity or Redemption Price, together with interest accrued thereon,	shall be made by the		
District  acting  through		its  District	Manager,  as  Registrar  and  Paying	Agent	only  upon		
									
presentation and surrender	hereof at the designated office of the Paying	Agent, to the registered		
									
Owner at the address set forth on the registration books maintained by the Registrar at least five		
(5) days prior to the date	of such payment.	Interest on this Note will be computed	on the basis of		

A-1

the actual number of	days	elapsed over a 360-day year, compounded annually, and payable at		
																															
maturity or upon earlier redemption.																											
This Note is issued pursuant	to Resolution No. 2018-17	of the Board	of	Supervisors	of		
	19,	2018  (the	"Note	Resolution")	and	the		provisions	of		
the  District,	adopted	on		September											
																				of		
Chapters 190 and Section 215 .431, Florida Statutes,	for the purpose	of paying all or a portion			
the costs of constructing	and acquiring certain assessable improvements constituting a portion	of		
				
the Amenity Center (as defined in the Note Resolution).	By the acceptance	of		this Note, the		
Registered Owner hereof	assents	to all	of	the provisions of the Note Resolution.											
																															
THE NOTE IS	A LIMITED	OBLIGATION OF THE DISTRICT PAYABLE SOLELY		
AS  PROVIDED  HEREIN  AND  NEITHER  THE  PROPERTY,  THE  FULL  FAITH  AND		
CREDIT, NOR THE	TAXING POWER OF THE	DISTRICT, THE CITY, POLK COUNTY,		
			FLORIDA	(THE	"STATE"),		OR  ANY		
								THE  STATE	OF							
FLORIDA  (THE  "COUNTY"),									
															FOR THE		
							IS	PLEDGED AS  SECURITY				
OTHER POLITICAL SUBDIVISION THEREOF,						
					IF	IT		
	THE  DISTRICT  IS		OBLIGATED,				
PAYMENT	OF  THE		NOTE,  EXCEPT  THAT							
					AMENITY	BONDS  TO FINANCE THE		
									AMOUNT	OF				
CANNOT ISSUE A SUFFICIENT						
								OF	THE		AMENITY		
					ALL  OR  A  PORTION							
ACQUISITION  AND		CONSTRUCTION  OF								
														
CENTER, TO LEVY AND TO EVIDENCE AND CERTIFY, OR CAUSE TO BE CERTIFIED,		
FOR COLLECTION, AMENITY SPECIAL ASSESSMENTS TO SECURE AND PAY THE		
NOTE.  THE NOTE DOES NOT CONSTITUTE AN INDEBTEDNESS	OF THE DISTRICT,		
THE CITY,  THE COUNTY, THE STATE,  OR ANY  OTHER POLITICAL  SUBDIVISION		
THEREOF  WITHIN		THE  MEANING	OF  ANY	CONSTITUTIONAL  OR  STATUTORY		
																								
							.																												
																																				
PROVISION OR LIMITATION																												
This	Note  is		issuable	only		as		a  single  registered	note		in  current  interest  bearing		
													of the Loan.	This Note		
							of	the maximum principal amount				
certificated form, in the denomination						
									
may not be sold, assigned or transferred in any manner.																				
The Registered Owner shall provide the District with periodic statements	at the time	of		
		made by the		
each advance by the Registered Owner, regarding advances	of	principal of this Note			
								of		
Registered Owner on the District's behalf for Amenity Center improvements, and prepayments			
			
principal of	this Note	made by the District to the Registered Owner	from the proceeds of one or		
																	
				Bonds as provided in the Resolution, together with the interest accrued at		
more series	of Amenity			
the applicable interest rate provided in this Note.																							
All payments received	hereunder shall be applied first	to	the payment	of interest	due and		
									
			principal.	All accrued and unpaid interest and outstanding		
payable, with the balance	applied to				
								2022.														
						payment on January 5,															
principal shall be paid in full in a single																
																									
												wholein		or in part prior	to maturity upon the issuance		
This Note is subject to redemption														of	any Interest		
of one or more series		of	Amenity Bonds, in whole or in part on the first day				
Period selected by the District ("Redemption Date"),	upon	10 days' prior notice	to the Registered		
													
Owner of the Note,	at		a redemption price equal to the principal amount being prepaid plus		
																					.	On the date designated		
																									
interest accrued thereon to the Redemption Date ("Redemption Price")											Price		
for redemption, notice having been given and money	for the payment of the Redemption			
					
being held by the District, this Note shall become and be due and payable at the Redemption		

A-2

Price and interest hereon shall cease to accrue and the Owner hereof shall have no rights  in		
respect of this Note except to receive payment of the Redemption Price thereof so held by the		
District.   The  failure  of the  District	to  give  the  notice  hereinabove  provided,  or  any  defect		
therein, shall not in any manner	defeat the effectiveness of a call for redemption	if notice thereof		
				for redemption	as aforesaid.		
is actually given to the Owner thereof and such Note is presented				
							
This Note shall have all the qualities and incidents, including negotiability,	of investment		
securities within the meaning	and for all the purposes of the Uniform Commercial Code of the		
											
State of Florida.												
This Note is issued with the intent that the laws of the State	of Florida	shall govern its		
					
construction.												
It is hereby ce1iified, recited	and declared that all acts, conditions and things required by		
		of Florida and the resolution of	the District	to happen, exist		
the Constitution and laws of the State					
and be performed precedent	to and in the issuance of this Note, have happened,	exist and have		

been performed as so required.											

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A-3

IN WITNESS WHEREOF,	Holly Hill Road East Community		
		of	the Chairman	of its Board		
has caused this Note to bear the signature					
					
official seal of the District	to be hereon and attested by the signature		
							
Board of Supervisors.							

Development District, of Supervisors and the of the Secretary to the

[SEAL]

HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT

Attest:

By:----------------
Chairman, Board of Supervisors

By:----------------

Secretary,

Board

of

Supervisors

A-4

				EXHIBITB			
FORM OF NOTICE OF ADVANCE FOR AMENITY CENTER IMPROVEMENTS		
HHR East LLC, a Florida	limited liability company (the "Developer") does hereby notify		
Holly  Hill  Road  East  Community  Development  District  (the  "District")  and  Dennis  Wood		
Engineering, LLC (the "District	Engineer") of the following	Advance by the Developer under the		
				
Loan to the District,	evidenced by the District's Bond Anticipation Note, Series 2018 (Amenity		
		(the "Note"):			
Center Line of Credit)				

Date

of

Advance:

Amount

of

Advance:

$------

The

undersigned

on

behalf

of

the Developer hereby certifies

as

follows:

1.	The Advance	has been made for capital	costs of the Amenity	Center described in		

										
the Joint Acquisition Agreements.							
2.	The payees, dollar amounts and dates of each Amenity	Center expenditure by the		
						
Developer are set forth in the attachment hereto.						
3.	Such Amenity	Center expenditures  have  been properly  incuffed  and have  not		
			of Advance.						
been the basis of any previous Notice							
4.	The Developer	has not been paid or reimbursed by the District for any amount	of		

the Advance.										
					LLCHHR EAST,				

Date

ofNotice:

--------

By: Landmark Investment Services,		
LLC, Its Manager			
By: ___________	_		
			
Authorized Officer			

The undersigned District Engineer hereby certifies as follows:			
1.	The Advance	has been made for capital	costs of the Amenity	Center described in		

								
the Joint Acquisition Agreements.					
2.	Such Amenity	Center expenditures  have  been properly  incurred  and have  not		
			of Advance.				
been the basis of any previous	Notice					
						
				District Engineer			

B-1

Holly

Community

Hill Road East
Development District

Construction

Funding Agreement	with		
			
for Phase 2 Costs		

HHR

East,

LLC

CONSTRUCTION FUNDING AGREEMENT BETWEEN THE HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT
AND HHR EAST, LLC

THIS AGREEMENT and between:

is made and entered into this _

day

of

______

,

2017, by

		Development District, a local unit	-		
Holly Hill Road East Community		of special		
purpose government established pursuant to Chapter 190, Florida Statutes, and		
located  in  the  City  of Davenport,	Florida,  with  a  mailing  address	of 12051		

Corporate Blvd., Orlando, Florida	32817 (the "District"), and			

HHR East, LLC,	a Florida	limited liability company and	a	landowner	
District whose address is 346 E. Central Avenue, Winter Haven, Florida	
("Landowner").					

in the 33880

RECITALS

	by			
	WHEREAS, the District was established		
of	the  City  of Davenport,	Florida,  for  the		
				
acquiring, operating and/or maintaining certain		

an ordinance adopted by the City Commission		
purposes  of planning,  financing,	constructing,		
			
infrastructure; and			

	WHEREAS,  the  Landowner is  the  owner  of certain undeveloped	lands  located within		
Phase	2  of the  boundaries  of the  District as  such lands  are  further  described  in	Exhibit A		
attached hereto and incorporated	herein (hereinafter, the "Phase 2 Development")	upon which		
					
the District's improvements have been or will be made; and				

WHEREAS, such taxes, special District's activities

the District, pursuant assessments, fees, and and services; and

to Chapter 190, other charges as

Florida Statutes, is authorized to levy		
may be necessary in furtherance	of the		

WHEREAS,	the District is anticipated	to be without sufficient funds available	to provide		
						
for the  construction of anticipated	master improvements and facilities benefitting the Phase 2		
Development, which are described in the Amended and Restated Engineer's Report dated March		
21, 2018, as amended by the First Amendment to the Engineer's Report dated June 2018, both		
attached hereto  as	Exhibit B,  including construction	and design,  engineering, legal, or other		
			2  (collectively,  the	"Phase	2		
construction,  professional,  or  administrative  costs  for  Phase					

Improvements");	and									
WHEREAS,	in order to induce the District to proceed at this time with the construction	of		
the necessary or desired Phase 2 Improvements, the Landowner desires to provide the  funds		
necessary to enable the District	to	proceed with such Phase 2 Improvements if and when the		
District exhausts the funds on deposit in the construction account; and				

WHEREAS, obtain financing for

the the

District anticipates accessing the public construction of the Phase 2 Improvements

bond market in the future to as described in Exhibit B, and

Page

1

of

8

the parties agree that, in the event that bonds are issued, the funds provided under this Agreement		
will be reimbursable from those bonds.					
Now, THEREFORE,  in consideration of the recitals, agreements,	and mutual covenants		
contained herein, and other good and valuable consideration, the receipt and sufficiency	of which		
			
are hereby acknowledged by the pmiies,	the pmiies agree as follows:				

1. this reference

Incorporation are incorporated

of Recitals.	The recitals stated	
herein as a material part of this	

above are true and correct and by Agreement.

2.	Funding.	Landowner agrees	to make	available to the District such monies as	are		
necessary to	enable the	District	to	proceed with,	and	expedite,	the			design,  engineering,	and		
									Landowner will make		such funds		available on a		
construction	of the Phase	2 Improvements.								
				(15) days	of a written	request	by the District.  The funds shall be		
monthly basis, within fifteen							
																	
			as	determined by the District.												
placed in the District's depository														
																					
3.	Repayment.  The parties	agree that the funds provided	by Landowner pursuant to		
			District's issuance of	tax-		
							of	the					
this Agreement will be properly reimbursable from proceeds							
exempt bonds.  Within forty-five (45) days of receipt from time to time	of sufficient	funds by the		
District for the financing	of some or all of the Phase 2 Improvements,	the District shall reimburse		
Landowner until full  reimbursement is  made  or until	all funds	generated by the  anticipated		
financing are exhausted, exclusive		of interest, for the funds advanced	under Section 2 above;		
									
provided, however, that in the  event bond counsel engaged in connection with the District's		
issuance  of	bonds  providing	such  financing  determines  that  any  such  monies  advanced  or		
													including, but not limited to		
expenses incurred are not properly reimbursable for any reason,			
federal tax restrictions imposed on tax-exempt financing, the District	shall not be obligated to		
		does not or cannot issue		
reimburse such monies advanced	or expenses incurred.	If the District				
						the date of this		
bonds to provide the funds for the Phase 2 Improvements within five (5) years of			
Agreement, and, thus does not reimburse the Landowner for the funds advanced, then the parties		
agree that such funds shall be deemed	paid in lieu of taxes, fees, or assessments	which might be		

levied or imposed by the District.																					
4.	Default.	A default	by either party to this Agreement shall entitle the other to all		
remedies available at law or in equity, which may include, but not be limited		to, the right of		
actual damages, injunctive relief and/or specific performance, but shall exclude, in any event,		
consequential, incidental, special or punitive damages.														
5.	Enforcement	of Agreement.	In the event that either party is required to enforce		
												party shall be entitled to		
this Agreement by court proceedings or otherwise, then the prevailing				
recover  all  fees  and  costs  incurred,  including  reasonable  attorneys'  fees  and  costs  for  trial,		
alternative dispute resolution, or appellate proceedings.														

6.	Agreement.	
this Agreement between the	

This instrument shall constitute the final and complete expression		
parties relating to the subject	matter of this Agreement.		

of

Page

2

of

8

7.	Amendments.	Amendments	to and waivers		
					
Agreement may be made only by an instrument in writing		
parties hereto.					

of the which

provisions contained is executed by both

in of

this the

8.	Authorization.	The execution of this		
appropriate  body  or  official	of all  parties  hereto,		
			
requirements	of law, and each party has full power		
provisions of this instrument.			

Agreement has been duly authorized by		
each  party  has  complied	with  all  of		
			
and authority to comply with the te1ms		

the the and

9. ("Notices") prepaid, or

Notices.	All notices,  requests,	consents  and  other  communications  hereunder	
shall  be  in  writing  and  shall  be  delivered,  mailed  by  First  Class  Mail,  postage	
overnight delivery service, to the parties, as follows:	

A.

If

to District:

Holly Hill Road East Community Development

District

c/o Fishkind & Associates, Inc.

12051 Corporate Boulevard

Orlando, Florida 32817

Attn: District Manager

With a copy to:

Hopping Green & Sams, P.A.

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attn: Roy Van Wyk

B.

If

to Landowner:

HHR East, LLC

346 E. Central A venue

Winter Haven, FL 33880

Attn: Scott Shapiro

With a copy to:

Straughn & Turner, P.A.	
255 Magnolia Avenue,	SW	
Winter Haven, Florida		
Attn: Richard Straughn		

Except as  otherwise provided herein,	any Notice  shall be deemed received only upon		
actual delivery at the address set forth herein.	Notices delivered	after 5 :00 p.m. (at the place of		
delivery) or on a non-business	day, shall be deemed received	on the next business day.	If any		
							
time for giving Notice contained in this Agreement would otherwise expire on a non-business		
day,  the  Notice  period  shall  be  extended  to  the  next  succeeding  business  day.   Saturdays,		
Sundays and legal holidays recognized by the United States government shall not be regarded as		
business days.  Counsel for the parties may deliver Notice on behalf	of the parties.  Any party or		
other  person	to  whom  Notices  are  to  be  sent  or  copied  may  notify  the  other  parties  and		
addressees of	any change	in name or address to which Notices shall be sent by providing the		
same on five (5) days written notice to the parties and addressees set forth herein.			

Page

3

of

8

10.					.	This Agreement is solely	for the benefit of the		
	THIRD PARTY BENEFICIARIES		shall accrue upon or by reason hereof, to or		
formal parties herein and	no right or cause of action			
for the benefit of any third party not a formal	party hereto.  Nothing in this Agreement expressed		
or implied is intended	or	shall be construed	to confer upon any person or corporation other than		
					under or by reason	of this Agreement or  any		
the parties	hereto  any	right,  remedy or claim				
provisions	or  conditions	hereof;  and  all	of	the  provisions,	representations,  covenants  and		
									
							of and shall be binding upon the parties		
conditions herein contained shall inure to the sole benefit			
hereto and their respective representatives, successors and assigns.				

11. due hereunder

ASSIGNMENT. Neither party may without the prior written approval

assign this Agreement or any monies to become of the other party.

12. be construed,

CONTROLLING LAW.	This Agreement	and the provisions		
				
interpreted and controlled according	to the laws of the State		

contained of Florida.

herein shall

13. hereto and

EFFECTIVE DATE.	The Agreement	shall be effective after execution by all parties		
			hereto.		
shall remain in effect unless	terminated by any of the parties			

14.	PUBLIC RECORDS.	Landowner understands and agrees	that all documents of any		
						
kind provided to the District	or to District staff in connection with the work contemplated under		
			Floridawith	law and the		
								
this Agreement are public	records and are treated as such in accordance			
								
District's Record Retention Schedule.					

15. which, when

COUNTERPARTS. taken together, shall

This Agreement may be executed in one or more counterparts constitute one and the same instrument.

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INTENTIONALLY

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4

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8

IN

WITNESS WHEREOF,

the parties execute this Agreementthe to be effective written above.

day and year first

Attest:

HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Print

Name:_________

HHREAST, LLC,			
a Florida limited liability company			
By: Landmark Investment Services, LLC			
Its: Manager			
By: __________	_		
			
Print Name: ScottH. Shapiro			
Its: Managing Member			

Exhibit

Exhibit

A: B:

Phase 2 Legal Description	2018,		
Amended and Restated Engineer's Report, dated, March 21,			
First Amendment to the Amended and Restated Engineer's Report,		

as amended by the dated June 2018

Page

5

of

8

Exhibit

A:

Phase 2 Legal Description

TRACTS

12-16

IN

THE

SOUTHEAST

1/4

OF

SECTION

5,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

FLORIDA DEVELOPMENT COMPANY,

ACCORDING

TO

PLAT

THEREOF

RECORDED

IN PLAT BOOK 3, PAGES 60 THRU 63, PUBLIC RECORDS OF POLK LESS ANO EXCEPT THAT PART OF TRACTS 15 AND 16 DESCRIBED AS

COUNTY, FLORIDA, FOLLOWS:

COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF SAID TRACT 16 AND EAST RIGHT-OF-W.A.Y LINE OF HOLLY Hll..l.. ROAD ACCORDING TO THAT CERTAIN

THE QUIT

CLAIM

DEED

RECORDED

IN

OFFICIAL

RECORDS

BOOK

781,

PAGE

713

OF

THE

PUBLIC

RECORDS	OF	POLK COUNTY,	FLORIDA;	
E.A.ST RIGHT-OF-WAY LINE, A DISTANCE	

THENCE SOUTH 00°29'37" EAST, ALONG SAID OF 190.60 FEET TO THE POINT OF BEGINNING

FOR

THIS

DESCRIPTION;

THENCE

DEPARTING

S.A.ID

EAST

RIGHT-OF-WAY

LINE,

NORTH

89°37'22"	EAST, A	
CURVE	CONCAVE	

DISTANCE OF 16.28	FEET TO	THE RADIAL	INTERSECTION	
SOUTHEASTERLY	HAVING  A	RADIUS  OF	25.00  FEET;	

WITH A THENCE

NORTHEASTERLY

ALONG

THE

ARC

OF

SAID

CURVE,

THROUGH

A

CENTRAL

A~JGLE/DELTA

OF 90°48'01E (CHORD= 35.60 FEET, CHORD BEARING=	NORTH	
DISTANCE OF 39.62 FEET TO THE POINT OF TANGENCY;	THENCE	

45°01'22" EAST)	FOR A	
SOUTH 89°34'37"	EAST,	

A

DISTANCE

OF

384.80

FEET;

THENCE

SOUTH

00°25'23"

WEST,

A

DISTANCE

OF

110.00

FEET;

THENCE

SOUTH

89°34'37"

E.A.ST,

A

DISTANCE

OF

120.00

FEET; THENCE

SOUTH

00"25'23"  WEST,  A	DISTANCE		
DISTANCE OF 541.8.1	FEET,	TO		

Of 95.00  FEET;  THENCE  NORTH  89°34'37"	WEST.	A	
THE AFOREMENTIONED EAST RIGHT-OF-WAY	LINE	OF	

HOLLY

Hll..l..

ROAD;

THENCE

NORTH

00°29'37"

WEST,

ALONG SAID

EAST

RIGHT-OF-WAY

LINE,

A

DISTANCE OF

179.45

FEET

TO

THE

POINT

OF

BEGINNING.

THE ABOVE DESCRIBED EGRESS, CROSS ACCESS

LANDS  BEING	SUBJECT	
AND PARKING	OVER ANO	

TO	AN	EASEMENT	FOR	-		
				INGRESS		
ACROSS THAT PART OF TRACTS	15		

AND

16 IN

THE

SOUTHEAST

-1/4

OF

SECTION

5,

T01NNSHIP

27

SOUTH,

RANGE

27

EAST,

FLORIDA DEVELOPMENT BOOK 3, PAGES 60 THRU

COMPANY, ACCORDING TO PLAT THEREOF RECORDED IN PLAT		
63,	PUBLIC RECORDS OF POLK COUNTY,	FLORIDA, DESCRIBED		

AS

FOLLOWS:.

COMMENCE

AT

THE

INTERSECTION

OF

THE

NORTH

LINE

OF

SAID TRACT

16

.A.ND

THE

EAST RIGHT-OF-W.A.Y LINE OF HOLLY CLAIM DEED RECORDED IN OFFICIAL

Hll..l.. ROAD ACCORDING TO THAT CERTAIN QUIT RECORDS BOOK 781, PAGE 713 OF THE PUBLIC

RECORDS

OF

POLK

COUNTY, FLORIDA;

THENCE

SOUTH

00°29'37"

EAST,

ALONG

SAID

EAST THIS

RIGHT-OF-WAY LINE, A DISTANCE OF 90.59 FEET TO THE POINT OF BEGINNING FOR EASEMENT DESCRIPTION; THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE,

NORTH

89°37'22"

EAST,

A

DISTANCE

OF

16.49

FEET

TO

THE

RADIAL

INTERSECTION

WITH

A CURVE  CONCAVE	NORTHEASTERLY  HAVING	A RADIUS	
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE,	THROUGH	

OF  25.00  FEET;  THENCE
A CENTRAL ANGLE/DELTA

OF

89°11'59~ (CHORD

=

35.'11

FEET,

CHORD

BEARING

=

SOUTH

44"58'38"

EAST)

FOR

.A.

DISTANCE OF 38.92 FEET TO THE POINT		
A DISTANCE OF 384.80 FEET; THENCE		
FEET; THENCE NORTH 89°34'37"	WEST,		

OF TANGENCY; THENCE	SOUTH 89°34'37" EAST,		
SOUTH oo~25'23" WEST,	A DI.STANCE OF 50.00		
A DIST ANGE OF 384.80 FEET TO THE POINT	OF		

Page

6

of

8

CURVATURE

OF

A

CURVE

CONCAVE

SOUTHEASTERLY

HAVING

A

RADIUS

OF

25.00

FEET;

THENCE	SOUTHWESTERLY	.A.LONG		
		(CHORD		
ANGLE/DELTA					
	OF 90°48'01"		
WEST) FOR A DISTANCE OF 39.62		
RADIAL	LINE,	SOUTH	89°37'22"		

THE ARC OF SAID CURVE,	THROUGH A CENTRAL	
=35.60 FEET,	CHORD BEA.RING =SOUTH 45°01'22"	
FEET;	THENCE	DEPARTING	SAID	CURVE	ALONG A	
WEST,	A  DIST.A.NCE  OF	16.28	FEET	TO  THE	

AFOREMENTIONED

EAST

RIGHT-OF-WAY

LINE;

THENCE

NORTH 00°29'37"WEST,

.A.LONG

SAID

EAST

RIGHT-OF-WAY

LINE,

/.,

DISTANCE

OF

100.01

FEET

TO

THE  POINT

OF

BEGINNING.

APPROXIMATELY

21.92

ACRES

Page

7

of

8

	ExhibitB:	by		
Amended and Restated	Engineer's Report, dated,	March 21, 2018, as amended			
					
			Engineer's Report, dated		
	the Amended and Restated			

the First Amendment

June 2018

to

Page

8

of

8

HOLLY

HILL

ROAD EAST

COMMUNITY DEVELOPMENT DISTRICT AMENDED AND RESTATED

ENGINEER'S REPORT

FOR

CAPITAL IMPROVEMENTS

Prepared

for:

BOARD OF SUPERVISORS		
HOLLY HILL ROAD EAST		
COMMUNITY DEVELOPMENT	DISTRICT		

Prepared

by:

DENNIS WOOD ENGINEERING, 1925 BARTOW ROAD LAKELAND, FL 33801

PH: 863-940-2040

LLC

MARCH

21,

2018

HOLLY IDLL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT

TABLE

OF

CONTENTS

I.

II.

III. IV.

INTRODUCTION	1-2

PURPOSE AND SCOPE	2-3

THE DEVELOPMENT	3-4

THE CAPITAL IMPROVEMENTS	4

IMPROVEMENT.CAPITAL

PLAN COMPONENTS ...................................................... 4

VI.

VIL VIII. IX.

Stormwater Management Facilities	5

Public Roadways	5

Water and Wastewater Facilities	6

Off-site Improvements	7

Amenities and Parks	7

Miscellaneous	7

PERMITTING	8-9

RECOMMENDATION	9

REPORT MODIFICATION	9

CONCLUSION	10

LIST OF EXHIBITS

EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT EXHIBIT

1-2-3-4-5-6-7-8-9-

Location Map

Legal Description

District Boundary Map

Existing Land Use Map

Future Land Use Map

Utility Location Map & Drainage Flow Pattern Map

Summary of Opinion of Probable Costs

Summary of Proposed District Facilities

Overall Site Plan

I.

AMENDED AND RESTATED

ENGINEER'S REPORT

HOLLY HILL ROAD EAST

COMMUNITY DEVELOPMENT DISTRICT

INTRODUCTION						
The Holly Hill Road East Community Development District (the "District") is bisected by		
N011h Boulevard West,  east of Holly Hill Road, City	of Davenpo11 (the "City"), Polk		
County, (the "County"), Florida. The District cmTently contains approximately	111 acres,		
			
and is expected to consist of 486 single family lots, recreation / amenity areas, parks, and		
associated infrastructure.						
The CDD was established under City Ordinance No. 814, which was approved by the City		
Commission  on  July  10,  2017,  as  amended  by  City  Ordinance No.  841,  which  was		
approved by the City on March 5, 2018. This Amended and Restated Engineer's Rep011		
amends the previously adopted Engineer's Rep011 to reflect the addition of	lands to the		
District by Ordinance 841.The additional lands are reflected as part of Phase 3.	The District		
will own and operate the public roadways and stormwater management facilities, as well		
as the landscape, iITigation, signage, and recreational facilities within the development.		
Public improvements and facilities financed, acquired, and/or constmcted by the District		
will  be  designed  and constructed to conf01m to  regulatory criteria from  the City,  the		
County, Southwest Florida Water Management District (SWFWMD), and other applicable		
agencies  with  regulatory  jurisdiction  over  the  development.	An  overall	estimate  of		
					
probable cost is of the public improvements provided in Exhibit 7 of this report.			
This "Capital Improvement Plan" or "Rep011" reflects the present intentions of the District		
and  the  landowners.  It  should  be  noted  that  the  location  of	proposed  facilities  and		
improvements may be adjusted during the fmal design, pe1mitting, and implementation		
phases. It should also be noted that these modifications	me not expected to diminish the		
						
benefits received by the property within the District. The District reserves the right to make		
reasonable adjustments to the development plan to meet applicable regulatory requirements		
Page 1						

	of agencies with jurisdiction over the development, while maintaining comparable level of		
to	benefits	the lands served by the improvements. Changes and modifications are expected		
	as changes in regulatory criteria are implemented.				
	Implementation of any proposed facilities or improvements	outlined in this Report requires		
				
	written approval from the District's Board of Supervisors.	Estimated costs outlined in this		
					
	repo11 are based on best available info1mation,	which includes but is not limited to previous		
						
	experience with similar projects. Actual costs could be different than estimates because		
	final engineering and specific field conditions may affect construction costs.		
	All roadway improvements including sidewalks in the right-of-way and storm drainage		
	collection systems (from the curb inlets to their connection to the Stormwater ponds) within		
	the development will be maintained by the District. Water distribution and wastewater		
	collection systems (gravity lines, force mains, and lift stations) will, upon completion, be		
	dedicated toforthe City	ownership and maintenance.				

II.	PURPOSE AND SCOPE

The purpose of this Rep01t is to provide engineering	support to fund		
			
District. This Report will identify the proposed public infrash·ucture		
cost.			
acquired by the District along with an opinion of probable		

improvements in the to be conshucted or

Contained  within this  Repo1t  is  a brief description	of the  public  infrastructure  to  be		
						
constructed  or  acquired  by the  District.  The  District  will	finance,	construct,  acquire,		
operate,  and  maintain  specific  portions	of	the  proposed	public	infrastrncture.	An		

assessment methodology consultant has been retained by the Dish"ict, who will develop the		
assessment and financing methodology to be applied using this Rep01t.				

Page 2

The predominant po1tion of	this  Report provides  descriptions	of the proposed	public		
					
infrastructure improvements,	detennination of estimated probable	construction costs, and		

the  corresponding  benefits  associated  with  the  implementation	of  the	described		
					
improvements.  Detailed  site  construction plans  and  specifications  have  not  yet  been		
completed  and  permitted  for  the  improvements  described  herein.  The  engineer  has		
considered, and in specific instances has relied upon, the infmmation and documentation		
prepared or supplied by others, and info1mation that may have been provided by public		
		contractors,site construction			other engineering		
entities, public employees, the landowner,							
professionals,  land  surveyors,	the  District  Board  of Supervisors,	and  its	staff  and		

consultants.									

III.	THE DEVELOPMENT

	The development will consist	of	486 single family homes	and associated infrastructure		

	("Development"). The Development is a planned residential community is located on the		
	north and south side of North Boulevard West, and east of Holly Hill Road in the City of		
	Davenport and lies within Section	4 and	5, Township 27 South,	Range 27 East, all within		

	the City. The Development has received zoning approval by the City. PUD approval shall		
	be obtained prior to plan submission to the City, and the prope1ty has an underlying Future		
	Land Use Designation of RM & RH (Residential		Medium and Residential High). The		
								
	development will be constructed in three (3) phases.						
IV.	THE CAPITAL IMPROVEMENTS									
	The Capital Improvement Plan, (the "CIP"),	consists of public infrastructure in Phases 1,		
									
	2,  and  3.	The  primaiy portions	of the	CIP will  entail  stormwater	pond  construction,		
							
	roadways	built  to  an  "urban"  typical	section,  water  and  sewer  facilities  and  off-site		
	improvements (including tllln lanes and extension	of water and sewer mains to serve the		
								
	development).											

Page 3

There will also be sto1mwater strnctures and conveyance	culve11s within the CIP which		
				
will outfall into the on-site retention ponds. These strnctures and pond areas comprise	the		
			
overall  st01mwater  facilities	of the  CIP.	Installation  of  the  water  distribution	and		

wastewater collection system will also occur	at this time. Below ground installation of		
					
power, telecommunications and cable TV will occur, but will not be funded by the District.		
Installation of street lights within the public right of way will be funded by the District.		

As a pm1 of the recreational		
adjacent to Holly Hill Road		
p011ions of the District.	The		

component of the CIP, a public	park will be constrncted		
			
and will have connectivity	via walking trails to the other		
				
public park will be accessed by the public roadways and		

walking trails.

V.	CAPITAL IMPROVEMENT PLAN COMPONENTS

	The Capital Improvement Plan includes the following:

	Stormwater Management Facilities

Stormwater management	facilities consisting of storm	conveyance systems and retention		

ponds are contained within the District boundaries.	Sto1mwater rnns off via roadway	curb		

and gutter to storm inlets. Storm culverts convey the rnnoff into the proposed retention		
ponds for water quality treatment and attenuation. The proposed stormwater systems will		
utilize dry retention for biological	pollutant assimilation to	achieve	water quality treatment.		

The design criteria for the District's stormwater management systems is regulated by the		
				.	There  are  no  known	surface  waters  or natural		
City,  the  County,  and the  SWFWMD										
wetlands on or immediately adjacent to the Development.							
Federal Emergency Management Agency Flood Insmance Rate Map (FEMA FIRM) Panel		
No. 12105C-0220G and 12105C-0240G (dated 12/22/2016) demonstrates that the property		
withinis located	Flood	Zone X. Based on this information	and the site topography, it does		

not appear that floodplain	compensation is required.								

Page4

	During  the  conshuction  of sto1mwater	management  facilities,	utilities  and	roadway		
	improvements,	the  contractor  will  be  required  to	adhere	to  a	Stormwater	Pollution		
										
Plan	Prevention	(SWPPP)	as required by Florida Department	of Environmental Protection		

											. The SWPPP will be		
	(FDEP) as delegated by the Environmental	Protection Agency (EPA)					
											
	prepared to depict for the contractor the proposed locations	of required erosion conh·ol		
								
	measures and staked turbidity barriers specifically along the down gradient side of any		
constructionproposed	activity. The site contractor will be required to provide the necessary		
	repmting on various forms associated with erosion control, its maintenance and any rainfall		
	events that occur during construction activity.									
	Public Roadways														
	The proposed public roadway	sections are to be 50' R/W with 24'	of asphalt	and Miami		

	curb or Type F curb and gutter on both sides. The proposed roadway section will consist	of		
				
	stabilized subgrade, lime rock, crushed concrete or cement h·eated base and asphalt wearing		
	surface. The proposed curb is to be 2' wide and placed along the edge of the proposed		
	roadway section for purposes of protecting the integrity	of the pavement and also	to provide		
									
	st01mwater runoff conveyance to the proposed stormwater inlets. Underdrain is provided		
	as necessary to control groundwater and protect the roadway base material.					
	The proposed roadways willsigningalso require		and pavement markings within the public		
	rights-of-way, as well as sh·eet signs depictingname street		identifications, and addressing,		
	which will be utilized by the residents and public. As stated above, the District's funding		
	of roadway consh·uction	will occur for all public roadways.							

Page 5

Water and Wastewater Facilities													
A  potable  water  system  inclusive  of  water  main,  gate  valves,  fire  hydrants			and		
					
appmienances will be installed for the Development.	The water service provider will be		
the City of Davenport Public Utilities. The water system will be a "looped" system. These		
facilities will be installed within the proposed public rights-of-way within the District.	This		
				
waterprovidewill		the potable (domestic) and fire protection services which will serve	the		
					
entire District.															
A domestic wastewater collection system inclusive	of gravity sanitary sewer	mains and		

sewer laterals will be installed. The gravity sanitmy sewer mains will be 8	11	diameter	PVC.		
					
The gravity sanitary sewer lines will be placed inside of the proposed public rights-of-way,		
under the proposed paved	roadways. Branching off from these	sewer lines will be laterals		

to serve the individual lots. A lift station	is anticipated for this CIP. Flow from the lift station		
													
shall be connected to either a force main along North Blvd or within the unopened right of		
way of 10	th	Street.															
																	
Reclaimed water is not available for this site. An inigation well to be funded by the District		
will be installed onsite to provide irrigation within	the public right of way or ini.gation		
												
water service shall be provided	as part of the domestic	water system design. Any water,		

sewer, or reclaim water pipes or facilities placed on private prope1iy will not be publicly		
funded.																	

Page 6

Off-Site Improvements										
The District will provide funding for the anticipated turn lanes at the development entrance.		
The site construction activities associated with the CIP are anticipated for completion by		
schedule:				Phase 1 in 2018; Phase 2 in 2019; Phase		
phases based on the following estimated										
3 in 2019. Upon completion of each phase of these improvements,	inspection/certifications		
					
will  be  obtained  from  the  SWFWMD;	the  Polk  County  Health  Depaiiment  (water		
										
distribution  system),  Polk  County  Environmental  Protection  Commission  (HCEPC)		
(wastewater collection) and the City.										
Amenities and Parks										
The District will provide funding for an Amenity Center to include the following: parking		
area, pavilion with restroom facilities, pool, tot lot, dog park/all-purpose play field, and		
walking trails between the phases to provide connectivity to the Amenity Center.		
Miscellaneous										
The  stormwater improvements,  landscaping	and	i1Tigation,  recreational  improvements,		
									
street lighting, and certain permits and professional	fees as described in this	rep011,  ai·e		
						
being financed by the District with the intention	for benefiting all of the developable real		
								
prope11y within the District. The construction and maintenance	of the proposed public		
improvements will benefit the development for the intended use assinglea	-family	plam1ed		
development.										

Page 7

VI.	PERMITTING

Construction permits for all phases are required and include the SWFWMD Environmental

Resource Permit (ERP), and City construction plan approval. There are no Anny Corps of

Engineer (A.COE) jurisdictional wetlands within the CIP boundaries; therefore no permits

are required from that agency.

Following the public

is a summary infrastructure

of required pennits obtained and improvements for the Dish·ict:

pending for

the

construction

of

PHASE 1

/	Permits  Appl'ovals

Zoning Approval (City of Davenport)

Preliminaiy Plat (City of Davenpo1t)

SWFWMDERP

Construction Permits (Davenpmt)

FDEP Water

FDEP Sewer

FDEPNOI

Approval / Expected Date

City of Davenport Ordinance (Approved)

City of Davenport (Approved)

Approved

July 2017

Approved

Approved

Approved

*Amenity Center shall require separate permitting. Permits required are Construction Permit, FDEP, Water, FDEP Sewer, SWFWMD,NOiand. FDEP

PHASE2

Pel'mits I Appl'ovals

Zoning Approval (Davenport)

Preliminaiy Plat (Davenpmt)

SWFWMDERP

Constrnction Permits (Davenport)

FDEP Water

FDEP Sewer

FDEPNOI

Approval/ Expected Date

City of Davenpmt City Ordinance (Approved)

July 2018

October 2018

October 2018

October 2018

October 2018

September 2018

Page 8

PHASE3

/	Permits  Approvals

Zoning Approval (Davenp01t)

Preliminary Plat (Davenp01t)

SWFWMDERP

Construction Permits (Davenp01t)

FDEP Water

FDEP Sewer

FDEPNOI

Approval / Expected Date City ofDavenpo1t City Ordinance (Approved) July 2018 October 2018 October 2018 October 2018 October 2018 October 2018

VII.   RECOMMENDATION					
As previously described within this report, the public infrastructure as described is necessary		
for the development and functional operation as required by the City. The site planning,		
engineering design and construction plans for the infrastructure are in accordance with the		
applicable requirements	of the City	of Davenport,	and the SWFWMD. It should be noted		

that the infrastructure	will provide its intended	use and function so long as the construction		

and  installation  is  in  substantial  conf01mance  with  the  design  construction  plans  and		
regulatory permits.							

Items utilized in the Op;nfon ofProbable Costs for infrastructure as shown on construction drawings cunent SWFWMD and the City regulations.

this report are based upon proposed plan incorporating specifications in the most

VIII.   REPORT MODIFICATION							
During  development	and  implementation	of the  public	infrastructure  improvements  as		

described for the District, it may be necessary to make modifications and/or deviations	for		
			
the plans. However, if such deviations	and/or revisions do not change the overall primary		
							
objective of the plan for such improvements,	then the costs differences would not materially		
					
affect the proposed cost estimates.							

Page 9

IX.	CONCLUSION														
	It is our professional opinion that the public infrastr·ucture costs for the CIP provided in this		
	Report  are	reasonable	to	complete	the  constr·uction	of  the  public	infrastr·ucture		

	improvements. Furthermore, the public infrastr·ucture improvements will benefit and add		
	value to lands within the Dish'ict	at least equal to the costs of	such improvements	.		

	The  Opinion of Probable  Costs	of	the public	infrastrncture  improvements  is  only  an		
												
	estimate and is not a guaranteed maximum price. The estimated costs are based upon unit		
	prices currently experienced on an ongoing and similar basis for work in the  County.		
	However, labor market, future costs	of	equipment,	materials, changes to the regulatory		
											
	pe1mitting  agencies  activities,  and  the  actual  construction processes  employed  by the		
	chosen site contractor are beyond the engineer's control. Due to this inherent opportunity		
	for changes (upward or downward) in the construction costs, the total, final construction		
	cost may be more or less than this estimate.									
	Based upon the presumption that the CIP construction continues in a timely manner, it is		
	our professional  opinion  that  the  proposed  public  infrastructure  improvements  when		
	constructed	and  built	in	substantial  conformance  with  the  approved  plans  and		
	specifications, can be completed and used for their intended function. Be advised that we		
	have utilized historical costs and direct unit costs from site contr·actors and consultants in		
	the County, which we believe to be necessary in order to facilitate accuracy associated with		
	the Opinion of Probable Costs. Based upon the information	above, it is our professional		
							
	opinion that the acquisition	and construction costs of the proposed	CIP can be completed		

	at the cost as stated.														

Page 10

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L ________________________________________. N

			OFFlCE: (863) 940-2040		EXHIBIT 1		
!;!ennis	·•				HOLLY HILL ROAD EAST COD		
			fAX:	(863) 940-2044				
W ood ":	-	cm:	1863) ss2-001s	,_EXISTING  DISTRICT			
-	Engineering	192s aAATow ROAD	D  EXPANSION PARCELS	LOCATION MAP		
	-	LLC	I.AKEi.AND, FL 33801		NO		
DENNIS WOOD, PROFESSIONAL ENGINEER		SCALE		

EMAIL:  denniswoodengineering@gmail.com

-

,...

LEGAL	DESCRIPTION	DISTRICT			
						HOLLY HILL ROAD		EAST -	COMMUNITY	DEVELOPMENT																				
																																							
DEGIN AT	THE NORTHWEST CORNER OF SAID TRACT	29,		AND	RUN	THENCE l\lONG	THE	NORTH	LINE	THEREOF	S-09'53'06"-E,326.10 FEET TO	THE	NORTHEAST			
																		OF SAID TMCT 21 N-00'25'33"W,•				640.90			
CORNER THEREOF, SAID PONT ALSO DEING	THE	SOUTHWEST CORNER	OF	SAID TRACT	21;	THENCE	AlONG	THE	WEST LINE								
														TO THE	MAP	AS RECORDED IN MAP	BOOK 17,	PAGES			
FEET TO A	POINT ON THE SOUTH MAINTAINED RIGHT-OF-WAY	LINE	OF	FOREST	IAKE		DRIVE	ACCORDING								
								MAINTAINED RIGHT-or~WAY LINE THE	FOLLOWING	THREE (3) COURSES: 1)			
100-108,PUDLIC RECORDS OF							FLORIDA: THENCE	ALONG SAID SOUTH						
	POLK COUNl'I,			71.211	FEET; THENCE	3) S-89'58'57"-E,	160.16 FEET	TO A	POINT ON		THE EAST LINE	OF SAID TRACT	21;	THENCE			
s-09•49•04•.e, 95.08 FEET; THENCE 2) S-88'09'06"•1:,														
												TMCT											E,	638.91	FEET TO THE	SOUTHEAST	CORNER THEREOF,			
																									THE	EAST LINE OF SAID																			
DEPARTING SAID MAINTAINED RIGHT-OF-WAY LINE, AND ALONG				21 S-00'23'1B"·	SAID	TMCT 27 S·89'53'06"·E, 326.98 FEET	TO THE			
				27;	THENCE	/\LONG	THE NORTH LINE	OF						
SAID POINT	ALSO DEING THE	NORTHWEST	CORNER	OF SAID	TRACT											
										WEST LINE	OF SAID TRACT	23 N-00'23'11"•W,635.57	FEET	TO	A POINT	ON SAID SOUTH	MAINTAINED			
NORTHEAST	CORNER THEREOF; THENCE ALONG THE											
																																	TWO (2)														E,			
RIGHT•OF•	WAY LINE OF FOREST LAKE DRll/1!; THENCE ALONG	SAID	SOU'TMMAINTAINED	RIGHT-OF-WAY	LINE THE	FOLLOWING		COURSES, 1) S-89'36'39"•			
			ON THE	EAST LINE	OF SAID TMCT23; THENCE	DEPARTING	SAID SOUTH	MAINTAINED RIGHT-OF-WAY			
								E, 139.69	FEET TO	A POINT									
187.39 FEET; THENCE 2) S-89'S9'30"•																	E, 634.92		FEET TO THE	SOUTHEAST	CORNER THEREOF, SAID	POINT ALSO	BEING THE	NORTHEAST			
LINE, AND	ALONG THE	EAST LINE																												
			OF SAID TRACT 23 S-00'23'04"·															-E, 635.38	FEET TO A	POINT ON	THE NORTH	RIGHT-OF-WAY LINE OF		NORTH			
CORNER OF	SAID TRACT 26; THENCE ALONG	THE EAST LINE																															
			OF SAID TRACT 26 S-00'22'59"			FLORIDA;	THENCE ALONG	SAID	NORTH	RIGHT-OF WAY LINE	PER O.R.			
BOULEVARD WEST PER	O.R. 800K 781,	PAGE	709 OF THE	PUOLIC RECORDS OF	POLK COUNTY,									
																						RECORDS											FLORIO/\,			
BOOK 781,	PAGE 709,	AND PER	O.R.	DOOK	781,	PAGE	667,	AND	PER	0,R.	OOOK	781,	PAGE	696,	All IN THE	PUOUC		OF POLK COUNl'I,	FEET TO			
																			29 N-00'2G'OG··E,633.72				
N,99•49•44• .w, 1305.66 FEET	TO A POINT	ON THE	WEST	LINE OF SAID TRACT 29; lllENCE	ALONG	THE	WEST	LINE	OF	SAID TRACT					
THE POINT OP BEGINNING.		
PROPERTY	OESCRlbEO CONTAINS 28.58	ACRES,	MORE OR	LESS.		
~	THESOUTHEAST		CORNER			
BEGIN AT	THE NORTHEIIST CORNEil OF SAID TRACT 12	AND	RUN THENCE ALONG	THE EAST LINE THEREO	F, S•oo•39•44•.e, 650,29	FEET TO						
								FEET	TO	A	POINT ON THE	EAST	RIGHT-OF-WAY		LINE OF			
fi:ieiieoF;	THENCE ALONG THE SOUTH LINE	OF	SAID	TRACTS	12, 13, :L4,	15		AND											"·W, 1628.90												
									16 N•89'20'SS			THENCE	AlONG SAID EAST RIGHT-OF-WAY	LINE,	AND THEN			
HOLLY HILL	ROAD, PER O.R.	BOOK 781, PAGE 713	PUBLIC	RECORDS	OF		POLK COUNTY,	FLORIDA;							
								PAGE	71S	PUOUC	RECORDS OF	POLK	COUNTY,	FLORIDA	N-00'29'26"•W,			
CONTINUING ALONG THE EAST RIGHT-OF•WAV	OF HOLLY	HILL ROAO, PER O.R. BOOK 781,											
													-E,1626.84			
		16, 1S, 14, 13					
						
643,68 FEET TO A POINT ON THE NORTH LINE OF SAID	TIIACT 16;	THENCE	ALONG	THE	NORTH LINE OF SAID TRACTS		ANO 12, S-89'34'47"							
FEET TO THE POINT OF	BEGINNING.		
PROP!RTV DESCRIBED	: 24.17 ACRES, MORE on	lESS.		
	CONTAINS		
~	-E,1309.54 FEET			
	16, 15, 14, ANO					
BEGIN AT THE NORTHWEST CORNER OF SAID TRACT	16, ANO RUN	THENCE ALONG	THE NORTH	LINE OF SAID	TRACTS		13 N-89'43'00"						667.62			
									PROJECTION																			
																									THE	l!ASTLINE OF SAID	TRACT	13 AND THE	SOUTHERLY																				
TO THE	NORTHEAST CORNER OF SAID TMCT 13; THENCE ALONG							THEREOF, S•D0'47'35"·E,			
														M OF	SAID SECTION 04;	THENCE ALONG	SAID SOUTH							'02"•W, 331.52			
FEET TO A	POINT ON THE SOUTH LINE OF THE NORTHWEST M OF THE	SOUTHWEST					llNE N•89'30	FEET	TO THE			
									ANO	THE EAST	LIN	E OF SAID TRACT 19	s-oo•4B'4S••E,667	.55					
FEET; THENCE ALONG THE NORTHERLY	PROJECTION	OF THE	EAST	LINE OF SAID TRACT 19											
																					
SOllTHEAST CORNER THEREOF; THENCE ALONG THE SOUTH				OF SAID															-w,	331.42	FEET TO THE SOUTHWEST	CORNER	OF SAID TRACT 19,			
	LINE		TRACT	19 S-89"30'27•																				.70 FEET TO A POINT ON	THE	NORTH			
ALSO BEING THE NORTHEAST	CORNER OF	SAID	TRACT 31;	THENCE	ALONG THE	EAST LINE	OF SAID TRACT	31 S-00'47'10"•E,628															A POINT			
																					SAID NORTH	RIGHT-OF·WAY LINE	S·89'29'00"•W, 647.50 FEET TO					
RIGHT-OF•WAY LINE OF COUNTY ROAD	547 (80'RIGHT-OF-WAY	WIDTH); THENCE ALONG								
																TMCT	17 ANO THE NORTHERLY	PROJECTION			
ON THE WEST LINE OF	SAID TRACT 32; THENCE ALONG	SAID	WEST	LINE	THEREOF,	ANO ALONG	THE WEST LINE OF SAID						
																		THE SOUTHWEST"	OF SAID SECTION 04,	ALSO	BEING THE SOUTH			
THEREOF,	N-00'46'25"-W, 1298.68 FEET TO A	POINT	ON THE	NORTH LINE	OF THE SOUTHWEST M OF							
									OF THE WEST LINE	OF SAID TRACT		16, AND			
LINE OF THE NORTHWEST" OF THE SOUTHWEST"	OF SA	ID	SECTION 04; THENCE	ALONG THE SOUTHERLY PROJECTION								
																													
ALONG	-W, 669.51	FEET TO THE	POINT OP BEG	INNING.		
	SAID WEST LINE N-00"45'52"		
PROPER'TVDESCRIBED	CONTAINS: 44,47 ACRES, MORE	OR	LESS		
~	CORNER OF			
BEGIN AT A	5/8" IRON	ROD AND CAP "LB 8135"	STANDING	AT THE	SOUTHWEST CORNER	OF SAID TI\ACT 2~	SAID POINT	ALSO BEING THE NORTHWEST				
							THE WEST LINE OF	SAID TRACT										542A9	FEET	TO	THE			
TRACT 27	OF SAID HOLLY HILL GROVE & FRUIT COMPANY	SUBDIVISION, AND RUN ALONG				I.AKE	DRIVE	PER	MAP	OOOK	17, PAGE 100,				RECORDS OF	POLK			
INTERSECflON OF SAID WEST	LINE ANO	THE	SOUTH MAINTAINED RIGHT-OF-WAY OF FOREST							l'UOLIC						THENCE			
							EE (3) COURSES; 1)				N-89'47'53"·E,	100.29 FEET; 2)				
COUNTY, FLORIDA: THENCE ALONG SAID SOUTH MAINTAINED RIGHT•OF-WAYlHE	FOLLOWING THR										
						OF	SAID SOUTH MAINTAINED RIGHT•OF-WAY AND TliE EAST		LINE OF SAID			
s.99•09•22 "-E, 206.27 FEET; THENCE 3) S-89'49'49"-E,20.44 FEET TO THE INTERSECTION								
												8135" STANDING	AT THE	SOUTHEAST CORNER OF SAID			
TRACT	22;	THENCE ALONGSAID EAST LINE S-00'22'41"•E,640	.10	FEET TO	A		5/8"	IRON	ROD AND CAP "LO						
			OF	SAIDTftACT 27;	THENCE	ALONG THE SOUTH		LINE OF SAID	TRACT 22,	ALSO BEING	THE	NORTH	LINE			
TRACT	22,	SAID	POINT	ALSO BEING THE NORTHEAST CORNER														

OF SAID TMCT 27, N•D9'S5'26"W,	326.76FEET	TO	THE POINT OF BEGINNING,		
THE ABOVE DESCRIBED LANDS CONTAIN 4.821\CRES, MORE OR	LfSS.		
~		
BEGIN	AT	A 5/8" IRON ROD WITH CAP "LO	813S" STANDING	AT	THE INTERSECTION OF THE	WEST	LINE	OF SAID TRACT	25	AND THE NORTH	RIGHT-OF-WAY OF NORTH			
					AND RUN ALONG	·W,		
BOULEVARD WEST PER OFFICIAL	RECORDS	BOOK 794, PAGE	787,	PUDUC RECORDS OF	POLK COUNTY,	FLORIDA,		SAID WEST LINE N-00'22'3D"			
							SAID	POINT ALSO	BEING	THE SOUTHWEST	CORNER			
635.40	FEET TO	A 5/8" IRON ROD	AND CAP	"LO	813S"	STANDING AT THE NORTHWEST CORNER	OF SAID TRACT 25,								
								FEET	TO A		5/8"	IRON	ROD AND CAP " LO 8135"	STANDING AT THE			
OF SAID TMCT	24: THENCE ALONG THE	WEST LINE OF	SAID TRACT	24 N-00'22'38"	-W,640.S7										
										LAKE DRIVE	PER MAP BOOK	17, PAGE 100,	PUBLIC	RECORDS		OF POLK			
INTERSECTION OF SAID WEST LINE AND THE	SOUTH MAINTAINED RIGHT-OF-WAY	OF FOREST										
						EIGHT		(8)	COURSES;	1)	N•89.47'20"·E, 165.01	FEET;			THENCE			
COUNTY,		FLORIDA: THENCE	ALONG SAID	SOUTH	MAINTAINED		RIGHT-OF-WAY	THE		FOLLOWING											,_		
																								FEET;	THENCE (6)			
										THENCE	(4) S-69'03'33"-E,26.63 FEET;	THENCE	(S)s-s9•10•02"-E, 25.17					
2)S•B9'23'34"E, 58.51 FEET;	THENCE	3) S·84'02'1S"·E,20.73	FEET:									
															24: THENCE	ALONG SAID			
S-'10.32'53"·1:, 25.66 FEET; THENCE (7) S-22'07'34"•E,	27,92		FEET;	THENCE	(8)S-07'00'5S"•E, 14.43	FEET TO	THE EAST LINE OF SAID TRACT					
							STANDING	AT	THE	SOUTHEAST	CORNER	OF SAID TRACT 211, SAID POINT ALSO BEING			
EASTLINE S-00'19'41"·1!,556.53 FEET TO	A	5/8" IRON	ROD AND CAP "LO 813S"									
															E, 636.04	FEET TO	THE NORTH	RIGHT-OF-WAY OF NORTH			
																	ALONG THE	EAST LINE OF	SAID																						
THE NORTHEAST CORNER OF SAID TMCT	25;	THENCE				TMCT 25 S-00'19'41"•						THENCE ALONG	SAID NORTH	RIGHT-OF-WAY			
						PAGE	787,		PUDLIC RECORDS		OF		POLK								FLORIDA;						
BOULEVARD WEST PER OFFICIAL RECORDS	BOOK	794,																							
												COUNl'I,																															-		
N-89'48'.36"•W, 324.57 FEET TO THE POINT	OF	BEGINNING.			
THE AOOVE DESCRIBED LANDS CONTAIN 9.	4B ACRES,	MORE OR	LESS.				
						
ALL	THE	ADOVE DESCRIDEO LANDS CONTAIN 111.52 ACRES, MORE	OR LESS		

Qennls	,-;1f'~~	OFFICE:	(063)	940-2040		
			FAX:	(063)	940·20~~		
Wood	·-·y;-,~		CELL:	(863)		662-0018		
									
	Engineering		1925	BARTOW	ROAD		
	--		LLC		LAKELAND,		FL	33801		
											
DENNLS WOOD,	PROFESSIONAL	ENGINEER						
EMAIL: dennls@woodclvll	.com					

EXHIBIT 2

LEGAL  DESCRIPTION
(NOT A SURVEY)

PAGE 1	OF	1	

		l	-FORES.1 LEOJ	...,._		
				A.		
L		·-	EXPANSION	d	I. I  ,-		
	-		PARCELS	-			
		'1 .	-·-·				
·~	nLl  l			--ix-i!~s~~l~~~~~ITL4~~7~ii;~~~		
s:-:--	NOSHVOW	JI. 1				
		1								
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					t=	~			
I· O			I	,II	:;.--.--::t; OIST~ICT		DISTRICT		
'   I						BOUNdARY		BOUNDARY		
/.,										
-										
						EVANGELIA.On				
					II	I  ~ --~				
t-	,  :	- i		i	~~· i rr, -~~ENP~-~BL¥0 -		N		
										
Denms   ·,   ·;;:,. - .	OFACE: (S..31 940-2040				EXHBIT  3		
.	~  -	_					HOLLY HILL ROAD EAST COD		
W ood .  ·	'	FAX:	(863) 940-2044		...EXJSTING  DISTRICT				
		CEU:	(8631 662-0018						
-	Engineering	1925 BARTOW ROAD		D  EXPANSION PARCELS		DISTRICT BOUNDARY MAP		
	-	UC	LAKELAND. FL 33801				NO		
DENNIS WOOD, PROFESSIONAL ENGi.NEER						
				SCALE		

EMAIL: denniswoodengineering@gmail.com

INES CIT I

N

D  EXISTING CDD DISTRICT
D	EXPANSION PARCELS

D ennis	.•  -,-·-- . __ _	OFFICE: (8631 940-2040		
-	. ,,;	FAX:	(8631 ~2044		
		CW;	(863) 662-0018		
W ood -·				
-	Engineering	1925 BARTOW ROAD		
-	LLC   LAKELAND. Fl 33801

DENNIS WOOD. PROFESSIONAL ENGINEER
EMAIL: dennisw oodengineering@gmail.com

~

EXHIBIT 4

HOLLY HILL ROAD EAST COD

ZONING MAP

CITY OF DAVENPORT

NO

SCALE

Davenpon Zoning

	;J; .;,;-i:,.1:!Jre		0-1	05oe	
	TN-1	'l'r:>aic :cJ Nea;;toorh::o~		0-~ Of5te F!r~	
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	~; .i		r .. ~""iti,S.,~$,.£:	-	l-11J.1  klix«d-U~•	
	:R.::..2  Resioc1tia- :;a-:a:i!		C-·1	C::M.Ter:ull	
	?.... 1  ~~1	_	C-2	C<x,,-.--c"1-ti:al	
	R·2	~e:dcn:ia!	-	c.:;	= -u.l	
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-	11.H-:	Jh~of-..!:tllfcQ Ll~:,n-L~   ( ~ 51.,.G)	-	~ Cc:n:iE:rR':::ln Oi;:ric:	

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~ ennis	~ OFRCE: (8631 940-2040			
	,•  .	FAX:	(863) 940-2044			
W 00d '	CELL:	(863) 66'2-0018	D EXISTING DISTRICT		
-	J....					
Engineering	1925 BARTOW ROAD	D  EXPANSION PARCELS		
-	Lt.e				
LAKEI..AND, FL 33801

DENNIS WOOD, PROFESS!ONAL ENGINEER
EMAIL:  denniswoodengineering@gmail.com

Legend

-+ Railroads

-	MaJor Roads
g.l	II

N
EXHIBIT 5

HOLLY HILL ROAD EAST COD

2030 FUTURE LAND USE

CITY OF DAVENPORT

NO

SCAL

~ IF	J   _	I  --  .		
:=ii					
1-					
gl					
Ii @ $ 1=1			
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ul~-~......-	-$~~·			
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		~-----=-l	D~ RY		
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N	,;.,	S?		?		
						
::J	__J			!1		
0 r-7					
i

DISTRIC-BOLJNDAR.

[

-	ffl	;; Hr. T~ -

D ennis	~·--,,-.	OFF1cr, (8631940-2040	
-		·    ·	FAX:	(863} 940-2044	
	Wood --:'~ -	CELL:	1s63J 662-001s	
	-	......			
		Engineering	192s sARrow ROAD	
-	LLC    LAKElANO. Fl 33801

DENNJS WOOD. PROFESSIONAL ENGINEER
EMAIL: denniswoodengineering@gmail.com

	T		
	l		
	8 "  'i)A.V _     I.I...     --     . l;..J l~   ;cll  I   I  ; · C~"  .J     JN		
LEGEND	COMPOSITE  EXHIBIT 6		
COD  DISTRICT			
	HOLLY HILL ROAD EAST COD		
-  -   {W)  -- EXISTING WATER ~IAIN AS NOTED			
			
-- (FM)-- EXISTING  FORCE  MAIN AS  NOTEDWATER & FORCE MAINS		
H.C. • HAINES CITY	NO		
	SCALE		
DAV •  DAVENPORT			
			
P.C. • POLK COUITTY			

	FOBES.T t!AKE Of:ZI	I	I	I  /			
~			'		•		
	EXPANSION						
	PARCELS						

;	I

j '=-=i	II	'\-.,		
	I	~		
ix: ,_				

NOO™B L~i	~1	.  I	~			
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	I		I\' I '', i ' i 'r7	,	11	I	I		I -	If  Rl';:.ccmva,,_•1 N		
				I	,							
D ennis	.---•"·-.		OFACE: (863) 940-2040	LEGEND				COM POSITE  EXHIBIT  6		
-	' .		FAX:   (863) 940.2044	FLOW DIRECTION						
W ood  .  ~		CELL:   18631 662-0018	COD  DISTRICT				HOLLY  HILL  RD  EAST  COD		
- E ngineering					DRAINAGE  FLOW  PATTERN  MAP		
	1925 BARTOW ROAO						
-		u.c	LAKELAND, Fl 33801								NO		
DENNIS WOOD. PROFESSIONAL ENGINEER										
								SCALE		
EMAIL: denniswood en gineering@g mail.com

Composite Exhibit 7

Holly Hill Road East Community Development District

Summary of Probable Cost

	r;jy!Jlbe[ of Lots		204		!gQ		182		486		
	l1lfrnnryctyre l9ll6l		Phase 1	$	Phase Z		~		Total		
Offslte Improvements 11(	J11J	$	120,000		125,000	$	180,000	$	425,000		
	1	5										
Stormwater Management (111i11a115J<6l(?I	$	2,427,600	$	1,190,000	$	2,165,800	$	5,783,400		
Utllltles (Water, Sewer, & Street Lighting) {lll5117Jl9J	$	1,142,400	$	560,000	$	1,019,200	$	2,721,600		
1 4 5	7		$	882,300	$	432,500	$	787,150	$	2,101,950		
Roadway 111  11	H1											
Entry Feature & Slgnage 11111110>	$	100,000	$	170,000	$	365,000	$	635,000		
										
Parks and Amenities lll<7l		$	404,963	$	140,000	$	255,037	$	800,000		
Contingency			$	200,000	$	105,000	$	191,000	$	496,000		
TOTAL			$	5,277,263	$	2,722,500	$	4,963,187	$	12,962,950		

Notes:

1.	Infrastructure co nsists of roadway improvements, Stormwater management facilities, master sanitary sewer lift station and utilities, entry feature, landscaping and signage, and neighborhood parks.

2.	Excludes grading of each lot in conjunction with home construction, which will be provided by home builder.
3.	Includes Stormwater pond excavation.

4.	Includes sub-grade, base, asphalt paving, curbing, and civil/site engineering.

5.	Includes subdivision infrastructure and civil/site engineering.

6.	Stormwater does not Include grading associated with building pads.

7.	Estimates are based on 2017 cost.

8.	Includes entry features, signage, hardscape, landscape, irrigation and fencing.

9.	CDD will enter into a Lighting Agreement with Duke Energy for the street light poles and lighting

service.

based 10. Estimates	on 486 lots.

Holly Hill Road

Exhibit 8

East Community Development District

Summary

of

Proposed District Facilities

District Infrastructure

Entry Feature & Signage

Stormwater Facilities

Stations/Water/SewerLift

Street Lighting/Conduit

Road Construction

Parks and Amenities

Construction

District

District

District

District

District

District

Ownership

District

District

City of Davenport

District

District

District

Capital Financing*

District Bonds

District Bonds

District Bonds

District Bonds

District Bonds

District Bonds

Operation and

Maintenance

District

District

City of Davenport

District

District

District

*Costs not funded by bonds will be funded by the developer

i
ii
t
i i

i j
l;
,;.

I
f

HOL-L-Y HIL-L- ROAD E:A5-r - COMMUNl-rY t?E:VE:L-OPME:N-r 1?15-rRIC-r

Cl-rY OF l?A\/E:NPOR'f

TYPICAL WALKING TRAIL SECTION

~

~ YClE ASPHALT OR COHCRETE ~ PA'tK l,'PA1HStW.L I.IEANDER SUGtffl..Y AS SHO\\N)

2'	CA,..OP"t »c:I IHJ8l'STCRYTREEPl.NfTV«3.GROl.P

~	ISOl.ATEO c»IOP"t TRlEE PI..AHTl«;S

~	PARK BaCl£S LOCATB> AT TRE£ GA0UANGS

EXHIBIT 9

8

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HOLLY HILL ROAD EAST

COMMUNITY DEVELOPMENT DISTRICT

FIRST AMENDMENT TO THE AMENDED AND RESTATED

ENGINEER'S REPORT

PREPARED FOR:

BOAR D OF SUPERVISORS

HOLLY HILL ROAD EAST

COMMUNITY DEVELOPMENT DISTRICT

PREPARED BY:

...Dennis
Wood-- -·
Engineering
~	l LC

1925 Bartow Roa d • Lakeland, FL 33801 • 863-940-2040

JUNE 2018

HOLLY

HILL

ROAD

EAST

COMMUNITY

DEVELOPMENT

DISTRICT

TABLE

OF

CONTENTS

I.

PURP0SE	1

II.

AMENITY

CENTER

...................................................................................................................1

LIST

OFT

ABLES

&

EXHIBITS

EXHIBIT

?-SUMMARY

OF

PROBABLE

COST

I.

HOLLY HILL ROAD EAST			
FIRST AMENDMENT TO THE ENGINEER'S	REPORT		

PURPOSE									
The Purpose of	this Fi rs t Amendment	is to Amend Exhibit 7 (Summary	of Probable Cost) of		

the  Amended	and  Restated	Engineer's Report dated March 21, 2018 (the "Engineer's		
								
Report"),  to  adjust for cost adjustments for the Amenity Center and the completion	of Phase 1		
			
for the project.	Exhibit 7 has been revised to reflect adjustmentthecost	for the amenity center		
and is included	herein.							

11.

AMENITY CENTER							
The cost projection for the amenity center improvements were adjusted to reflect the updated		
amenity center layout, as shown	in Exhibit 7 attached hereto.	Except specifically	amended		

herein, the Engineer'sReport	shall remain  in full	force and effect, unaltered  by	this First		
Amendment.							

1

Exhibit 7

Holly Hill Road East

Community Development District

Summary of Probable Cost

!:l!umber of Lots		~		100		182		486		
lnfrastructure13 11GI		Phase 1		Phase 2 Ill		Phase 3(1}		Total		
Offslte Improvements (111s1171	$	120,000	$	125,000	$	180,000	$	425,000		
Stormwater Management (1112)1!)151(6)(1)	$	2,427,600	$	1,190,000	s	2,165,800	$	5,783,400		
Utilities (Water, Sewer, & Street Lighting)	$	1,142,400	$	560,000	$	1,019,200	$	2,721,600		
11)(51(7)19)										
										
Roadway ll)l4lls1111	$	882,300	$	432,500	$	787,150	$	2,101,950		
Entry Feature & Slgnage (11171181	$	100,000	$	170,000	$	365,000	$	635,000		
			s							
Parks and Amenities 1)i>J	$	404,963		210,000	$	382,200	$	997,163		
Contingency	$	200,000	$	105,000	$	191,000	$	496,000		
TOTAL	$	5,277,263	$	2,?92,500	$	5,090,350	s	13,lG0,113		

Notes:

1.	Infrastructure co nsists of roadway improvements, Stormwater management facilities, master sanitary sewer lift station and utilities, entry feature, landscaping and signage, and neighborhood

parks.

2.	Excludes grading of each lot in conjunction with home construction, which willeb provided by home builder.

3.	Includes Stormwater pond excavation.

4.	Includes sub-grade, base, asphavlt p  ing, curbing, and civil/site engineering.

5.	Includes subdivision infrastructure and civil/site engineering.

6.	Sto rmwater does not include grading associated with building pads.
7.	Est imates are based on 2018 cost.

8.	Includes entry features, signage, hardscape, landscape, irriga tion and fencing.

9.	CDD will enter into a Lighting Agreement with Duke Energy for the street light poles and lighting service.

10.	Estim ates based on 486 lots.

Holly

Community

Hill Road East

Development District

Acquisition Agreement with HHR East, LLC,

Regarding

Phase

2

Work Product,
Real Property

Improvements,

and

AGREEMENT BETWEEN HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT AND THE HHR EAST, LLC, REGARDING THE ACQUISITION OF CERTAIN WORK PRODUCT, IMPROVEMENTS AND REAL PROPERTY

_th

THIS ACQUISITION AGREEMENT ("Agreement") day of _____, 2018, by and between:

is made and entered into this

HOLLY HILL ROAD EAST COMMUNITY DEVELOPMENT DISTRICT,

a local Florida address and

unit of special-purpose government established pursuant to Chapter 190, Statutes, being situated in the City of Davenport, Florida, with a mailing of 12051 Corporate Boulevard, Orlando, Florida 32167 (the "District"),

HHR EAST, LLC,  a Florida limited  liability  company,  the  owner of certain	
lands within the boundaries of the District, with a mailing address of 301 W. Platt	
Street, Suite 671, Tampa, Florida 33606 (the "Landowner" and, together with the	
District, the "Parties").		
RECITALS	
WHEREAS, the District was established by ordinance adopted by the City Commission	
in and for the  City of Davenport,  Florida,  (the "City") pursuant to the Uniform Community	
Development District Act of 1980, Chapter 190,	Florida Statutes, as amended (the "Act"), and is	
validly existing under the Constitution and laws	of the State of Florida; and	
WHEREAS, the Act authorizes the District to issue bonds for the purpose, among others,	
of  planning,  financing,  constructing,  reconstructing,  operating,  and/or  maintaining  certain	
infrastructure, including roadways, stormwater management, wastewater management, utilities,	
parks and facilities  for recreational,  cultural,  and educational activities,  landscaping,  signage,	
hardscaping, security systems and facilities, and other infrastructure projects within or without	
the boundaries of the District; and		

WHEREAS, the Landowner is the owner of certain lands in Polk located within the boundaries of the District ("Landowner Lands"); and

County

(the

"County")

WHEREAS,  the  District has  adopted  an  improvement plan to  finance  the  planning,	
design,  acquisition,  construction,  and  installation	of  certain  infrastructure  improvements,	
facilities,  and  services  in  the  District's  Phase  2,	as  detailed  in  the  Holly  Hill  Road  East	
Community  Development  District  Amended  and	Restated  Engineer's  Report  for	Capital	
Improvements,  dated March 21, 2018, as amended in the First Amendment to the Amended and	
Restated Engineer's Report, dated June 2018 (together, the "Engineer's Report"), attached to	
this Agreement as Composite Exhibit A, and incorporated herein by this reference, and referred	

to

as

the

"Series 2018 Project";

and

HHR East, LLC:  Acquisition Agreement

WHEREAS, the District intends to finance a portion of the Series	2018 Project through		
		Development		
the use of proceeds from the anticipated sale of Holly Hill Road East Community			
				
District Special Assessment	Bonds, Series 2018	("Series 2018 Bonds"); and				
													
WHEREAS, the District has not had sufficient monies on hand to	allow the District	to		
				
contract directly for:  (i) the preparation	of the surveys, testing, reports,	drawings, plans, permits,		
							
			the Series 2018  Project ("Work		
specifications,  and related documents necessary to  complete			
		of all	of the  improvements		
Product");  or (ii) construction,	reconstruction,	and/or installation				
									
		(the	"Improvements"); and								
comprising the Series 2018 Project										

WHEREAS, amenity facility that Project"); and

the will

Series 2018 Project includes the construction and/or acquisition	of an		
			
be funded by a portion of the Series	2018 Bond proceeds ("Amenity		

WHEREAS,	the	District,		Landowner, and North Boulevard Community Development		
							Second Agreement  Regarding	the	Joint  Acquisition	of		
District has  entered  into	that  certain						
			the	Amenity  Project (the		
Certain Work Product Improvements  and Real  Property related	to				
									
"Second Joint Acquisition Agreement"); and													
WHEREAS,	the	District		and Landowner each acknowledge and agree that obligations		
					to those portions  of the  Series	2018	Project not otherwise		
under this Agreement are  limited					

provided for under the Second Joint Acquisition Agreement; and										
WHEREAS,	the  Landowner	needs		to	have  the  Improvements	constructed	m	an		
										
expeditious and timely manner in order to develop the development; and						
WHEREAS,	the District acknowledges	the Landowner'sto	need	have the Improvements		
						the development; and				
constructed in an expeditious	and timely manner in order to develop					

WHEREAS,	in order to	avoid a delay in the commencement	of the development of	the		
Work  Product  and/or  the  Improvements,  the	Landowner  has		previously  advance  funded,		
commenced,  and/or	completed			certain  of	the	Work  Product	and/or  Improvements,  and		
											to	the		
		be advanced	and/or the Improvements to be completed				
Landowner may cause funds	to						
							
							to do so; and				
extent that the proceeds of the Future		Phase Bonds are insufficient					

WHEREAS,	the	District	desires to commence the purchase	of certain portions	of	the		
					agreements regarding		
							and/or accept assignment	of	certain			
Work Product and the Improvements,						

the same; and																							
WHEREAS, the Landowner	and the District are entering into this Agreement to set forth		
the process by which the District may acquire the Work Product, the Improvements, and any		
related real property interests	("Real Property") from Landowner.									
																					
NOW,  THEREFORE,	based	upon	good and  valuable  consideration  and the  mutual		
		which and sufficiency of which	are hereby acknowledged,		
covenants of the Parties, the receipt of				
								
the District and the Landowner	agree	as follows:											
																				
												2											

HHR East, LLC: Acquisition Agreement

co1Tect

1. and

INCORPORATION OF RECITALS.	The recitals		
			
by this reference are incorporated as a material paii of this		

stated above are true and Agreement.

2.	WORK PRODUCT AND IMPROVEMENTS	.	The Parties agree to cooperate		
							
and  use  good  faith  and  best  efforts  to  undertake  and  complete  the  acquisition  process		
contemplated by this Agreement on such date or dates as the Parties may jointly agree upon		
("Acquisition Date").	Subject to  any  applicable	legal  requirements  (e.g.,  including,  but not		
						and  the		
limited  to,  those  laws	governing	the  use  of  proceeds  from  tax  exempt  bonds),			
					
						Work Product and		
requirements	of this  Agreement, the  District agrees to  acquire  completed			
					
Improvements that are part of the Series 2018 Project.						

a.

Request for  Conveyance  and Supporting	Documentation  -	When  Work		
			by  or on behalf of the		
Product or Improvements  are  ready for  conveyance			
					
Landowner to the District, the Landowner shall notify the District in writing,		
describing the nature	of the Work Product and/or Improvement	and estimated		
		prior  to  the		
cost.Additionally,	Landowner  agrees  to  provide,	at  or			
Acquisition Date, the following:  (i) documentation	of actual costs paid, or if		
						
not available, evidence of value, (ii) instruments of conveyance such as bills		
of sale or such other instruments as may be requested	by the District, and (iii)		
					
any other releases, warranties, indemnifications or documentation as may be		
reasonably requested by the District.							

b.

Costs -  Subject to any applicable legal requirements (e.g., including, but not		
limited to, those laws governing the use of proceeds	from tax exempt bonds),		
					
the availability of proceeds from the Series 2018 Bonds, and the requirements		
of this  Agreement,  the Districts  agree to pay the  actual reasonable  cost of		
creation/construction of the Work Product or Improvements	incurred by the		
		bills,		
Developer.  The Landowner shall provide copies of any and all invoices,			
			
receipts, or other evidence of costs incurred	by the Landowner for any Work		
						
Product  and/or  Improvements.The  District  Engineer  shall  review  all		
evidence of cost and shall celiify to the District the total actual  amount of		
cost,  which in each District Engineers'  opinion is reasonable for the  Work		
Product and/or Improvements.  The District Engineer's opinion as to cost shall		
be set fmih in an Engineer's Certificate which shall accompany the requisition		
for  the  funds  from  the  District's  trustee  for  the  Series  2018  Bonds		
("Trustee").						

c.

Conveyances on "As Is" Basis - Unless otherwise agreed, all conveyances of Work Product and/or Improvements shall be on an "as is" basis. In addition, the Landowner agrees to assign, transfer, and convey to the District any and all rights against any and all firms or entities which may have caused any latent or patent defects, including, but not limited to, any and all warranties and other fo1ms of indemnification.

3

HHR

East, LLC: Acquisition Agreement

d.

Right to Rely 011  Work Product and Releases -  The Landowner agrees to	
release to the District all right, title, and interest which the Landowner may	
have in and to any Work Product conveyed hereunder, as well as all common	
law, statutory, and other reserved rights, including all copyrights in the Work	
Product and  extensions  and renewals  thereof under  United  States  law and	
throughout the world, and all publication rights and all subsidiary rights and	
other rights in and to the Work Product in all forms,  mediums,  and media,	
now known or hereinafter devised.  To the extent determined necessary by the	
District,  the  Landowner  shall  reasonably  obtain  all  releases  from  any	
professional providing services in connection with the Work Product to enable	
the District to use and rely upon the Work Product.  The District agrees to	
allow the  Landowner  access to  and use  of	the  Work Product  without  the	
payment  of	any  fee  by  the  Landowner.	However,  to  the  extent  the	
Landowner's  access to  and use  of the  Work Product causes the District to	
incur any cost or expense, such as copying costs, the Landowner agrees to pay	
such cost or expense.  Notwithstanding the foregoing,  the Landowner shall	
maintain  ownership	of  the  copyrights  and  trademarks  associated  with	
marketing and advertising any development within the District but shall grant	
the  District	a  license  to	use  those  copyrights  or  trademarks  for  the	
Improvements.				

e.

Transfers  to	Third  Party  Governments  -	If any  item  acquired  is  to  be	
conveyed to a third party governmental body, then the Landowner agrees to	
cooperate  and  provide  such  certifications,  documents,  bonds,  warranties,	
and/or forms	of security as may be required by that governmental body,  if	
any.			

f.

Permits - The Landowner agrees to cooperate fully in the transfer of any permits to the District or a governmental entity with maintenance obligations for any Improvements conveyed pursuant to this Agreement, provided that the District or such governmental entity accepts the associated operation and maintenance obligations.

g.

Engineer's	Certification  -  The  District	shall  accept	any	completed  Work		
Product and/or Improvements where the District Engineer (or other consulting		
engineer	reasonably	acceptable  to  the	District),  in	his/her	professional		
opinion, is able to certify that, in addition to any other requirements	of law:		
				
(i) the Work Product and/or Improvements are part of the Series 2018 Project;		
(ii) the price for such Work Product and/or Improvements does not exceed the		
actual reasonable cost	of the Work Product and/or Improvements;	(iii) as	to		
						
Work Product, the Work Product is capable of being used for the purposes		
intended by the District, and, as to any Improvements, the Improvements were		
installed	in	accordance  with  their  specifications,	and	are	capable	of		
										
performing the functions  for which they were  intended;  and (iv)  as  to  any		
Improvements, all known plans, pe1mits, and specifications necessary for the		
operation and maintenance of the Improvements are complete and on file with		
			4									

HHR East, LLC: Acquisition Agreement

	the District, and have been transfened,	or are capable	of being transferred,	to		

	the District for operations and maintenance responsibilities.				
3.	ASSIGNMENT	OF	CONTRACTS.	The  District  accepts  the  assignment	of		
							
								providing a bond in the		
ce1iain contracts.  Such acceptance	is	predicated upon (i) each contractor			
				of a		
								(ii) receipt by the District			
form and manner required by section 255.05, Florida Statutes,				
release from each general contractor acknowledging each assignment and the validity thereof,		
acknowledging the furnishing of the bond or other security required by section 255.05, F.S.,	if		
any, and waiving any and all claims against the District arising	as a result of or connected	with		
					
such assignment. Developer hereby indemnifies and holds the District harmless from any claims,		
demands, liabilities, judgments, costs, or other actions which may be brought against or imposed		
upon the District by any contractors, subcontractors, sub-subcontractors, materialmen, and others		
providing labor or  services  in conjunction with  each such contract  and  including  claims  by		
members  of the  public  as  such  claims  relate  to  the  period	of time	prior  to  the  District's		
acceptance of	the assignment.														
4.	CONVEYANCE	OF	REAL PROPERTY.	The Landowner agrees that it will		
				determined solely by the District,	by		
convey to the District at or prior	to the Acquisition Date as				
					
a special warranty deed or other instrument	acceptable to the District's Board of Supervisors		
together  with	a metes  and  bounds  or  other  description,  the  Real  Property  upon  which  any		
Improvements are constructed or which are necessary for the operation and maintenance of, and		
access to, the Improvements. Notwithstanding the above, Landowner conveyed to the District		
prior to the commencement of any Amenity	Project the lands upon which such Amenity Project		
											
shall be constructed.														

a.

Cost.	Except as  set forth in any other agreement	between the Parties,  the		
				
Paiiies agree that all Real Prope1iy shall be provided to the District at no cost.		
The Parties agree that the dedication	of Real Prope1iy shall not negate the		
				
District's obligation to pay amounts	attributable to the value of Improvements		
					
on the Real Property and other Improvements serving the Real Property that		
have been, or will be, funded by the District.			

b.

Fee Title and Other Interests -  The District may determine	in its reasonable		
			
discretion that fee title for Real Property is not necessary and in such cases		
shall accept such other interest in the lands upon which the Improvements are		
constructed as the District deems acceptable, such as non-exclusive easement		
interests.			

c.

Landowner Reservation -  Any conveyance of Real Property hereunder by		
special warranty deed or other instrument	shall be subject	to a reservation by		
					
Landowner of its right and privilege	to use the area conveyed to enable the		
construction  by  third  paiiies	of	any   Improvements	and   any   future		
					
improvements to such area for any related purposes	(including, but not limited		
				
to, construction vehicle ingress and egress relating to the Development) not		
inconsistent with the District's use, occupation, or enjoyment thereof.		

5

HHR East, LLC: Acquisition Agreement

5.

d.	Fees,	Taxes,	Title  Insurance	-	The		Landowner	shall		pay	the  cost  for		
	recording fees and documentary	stamps required, if any, for the conveyance	of		
					
	the  Real  Prope1iy  upon  which  the  Improvements  are  constructed.    The		
	Landowner shall be responsible for all taxes and assessments levied on the		
	Real Property upon which the Improvements are constructed until such time		
	as  the	Landowner  conveys  all	said		lands	to  the  District.	At  the  time	of		
	conveyance,		the  Landowner  shall	provide,  at its  expense,  an owner's  title		
	insurance policy or other evidence	of	title in a form satisfactory	to	the District.		
																
e.	Boundary  Adjustments  -			Landowner		and  the  District		agree		that  future		
	boundary adjustments may be made as deemed reasonably necessary by the		
	Parties in order to accurately describe Real Property conveyed to the District		
	and lands which remain in Landowner's ownership.  The Paiiies agree that		
	any Real Property transfers made to accommodate such adjustments shall be		
	accomplished by donation.   However, the party requesting such adjustment		
	shall pay any transaction costs resulting from the adjustment, including but		
	not limited to taxes, title insurance, recording fees, or other costs.  Landowner		
	agrees that if	a court or other governmental	entity determines that a re-platting		
	of the Real Prope1iy within	the District is necessary, Landowner shall pay or		
	cause a third party to pay all costs and expenses associated with such actions.		
TAXES, ASSESSMENTS, AND COSTS.												
a.	Taxes  and Assessments on  Property  Being Acquired.	The	District  is	an		
	exempt governmental unit acquiring property pursuant to this Agreement for		
	use exclusively for public purposes.  Accordingly, in accordance with Florida		
	law, the Landowner agrees to place in escrow with the County tax collector an		
	amount equal to the current		ad valorem taxes and non-ad valorem assessments		
		those	ad		valorem  taxes  and	non-ad  valorem		
	(with  the	exception	of								
							prorated to the date	of transfer of title,		
	assessments levied by the District)				
	based upon the expected assessment and millage rates  giving effect to the		
	greatest discount available for early payment.									
	1.	If and only to the extent	the property acquired by the District is subject		
																		
		to ad valorem taxes or non-ad valorem assessments, the Landowner		
		agrees to reimburse the District for payment, or pay on its behalf, any		
		and all  ad valorem taxes	and non-ad valorem assessments  imposed		
		during the calendar year in which	each parcel	of property is conveyed.		
													
	ii.	Nothing in this Agreement	shall prevent the District from asserting any		
									imposed,	if		any, on any		
		rights to challenge any taxes or assessments						
											
		prope1iy of the District.																
b.	Notice.	The Parties	agree to	provide	notice to the other within thiliy (30)		
						potential or actual taxes, assessments,		
	calendar days of receipt of	any notice	of			
	or costs,	as	a result of any transaction	pursuant to this Agreement,	or notice of		

									6																

HHR East, LLC: Acquisition Agreement

c.

any other taxes, assessments, or costs imposed on the property acquired by the	
District as  described in subsection a.	above.   The Landowner	covenants to	
make any payments  due hereunder in	a timely manner in accordance  with	
Florida law.  In the event that the Landowner fails to make timely payment	of		
any  such  taxes,  assessments,  or  costs,  the  Landowner  acknowledges  the		
District's right to make such payment.	If the District makes such payment,		
the Landowner agrees to  reimburse the District within thirty (30)	calendar		
days	of  receiving  notice	of  such  payment,  and	to	include		in	such		
reimbursement any fees, costs, penalties, or other expenses which accrued to		
the District as a result of making	such a payment, including interest at the		
							made by the		
maximum rate allowed by law from the  date  of the payment			
							
District.															
Tax liability not created.	Nothing herein is intended	to create or shall create		
					or the District.		
			on behalf of the Landowner			
any new or additional tax liability				
									
Furthermore, the Parties reserve all respective rights to challenge, pay under		
protest, contest or litigate	the imposition of any tax, assessment,	or cost in		
			agree  to		
		unlawfully  or inequitably imposed  and			
good	faith they believe is				
cooperate in good faith in the challenge	of any such imposition.								

6.	ACQUISITION IN ADVANCE	OF RECEIPT OF PROCEEDS	.	The District		
							
and Landowner hereby agree that an acquisition by the District may be completed prior to the		
District obtaining proceeds	from the Series 2018 Bonds ("Prior Acquisitions").		The District		
		of	the Series 2018	Bonds in good faith and may in the future,	and		
agrees to pursue the issuance						
						
					additional	bonds	("Future Bonds")	that may be used to		
in its  sole	discretion, elect to  issue						
								2018 Bonds.		
							with the Series			
finance portions of work acquired	hereunder that are not financed				
										
							(or any Future Bonds) and has bond		
In the event that the District	issues the Series 2018 Bonds			
						by the District, and		
								acquired						
																
proceeds available to pay for any portion	of the Series	2018	Project			Bonds (or any Future		
										
subject to the te1ms of the applicable	documents relating to the Series	2018			
									
		shall promptly make payment for any Prior Acquisitions		
Bonds, as applicable), then the District			
						however, that in the  event the		
completed pursuant to the terms		of	this Agreement; provided,			
													
District's  bond  counsel  dete1mines  that  any  such  Prior  Acquisitions  are  not  properly		
compensable for any reason, including, but not limited to federal tax restrictions imposed on tax-		
exempt financing,  the District shall not be obligated to make payment for  such acquisitions.		
Interest shall not accrue  on the		amounts  owed for  any Prior Acquisitions.	In the  event the		
District does not or cannot	issue the Series 2018	Bonds within six ( 6) years from the date of this		
Agreement, and, thus does not make payment to the Landowner for the Prior Acquisitions, then		
the  Parties	agree that the	District  shall have no  reimbursement obligation whatsoever.   The		
Landowner  acknowledges	that		the	District  intends	to  convey  some  or  all  of the  District		
Improvements in the Engineer's		Report to the City of Davenport and consents to		the District's		
										.									
																						
conveyance of such improvements	prior to payment forAcquisitionsanyPrior									

7.	DEFAULT.  A default	by either party under this		
			which may include,		
to all remedies available at law or in equity,			
			
damages and/or specific performance.				

Agreement shall entitle the other but not be limited to, the right of

7

HHR East, LLC: Acquisition Agreement

8.	INDEMNIFICATION.  For all actions or activities which occur prior to the date		
of the acquisition of the relevant Real Property, Improvement	or Work Product hereunder, the		
					
Landowner agrees to indemnify and hold harmless the District and its officers, staff, agents and		
employees  from  any  and  all  liability,  claims,  actions,  suits  or  demands  by  any  person,		
corporation or other entity for injuries, death, property damage or claims	of any nature arising		
out of, or in connection with, the use by the Developer, its officers, agents, employees, invitees		
or affiliates,	of the Real Property,  Improvement,  or Work Product, including litigation or any		
appellate proceedings with respect thereto, irrespective of the date of the initiation or notice	of		
the claim, suit, etc.; provided, however, that the Landowner shall not indemnify the District for a		
default by the District under this Agreement or the use of such Real Property, Improvement	or		
			
Work Product by the District, its engineers, employees, contractors,suchor	persons' or entities'		
negligence.						
9.	ATTORNEYS' FEES AND COSTS.  In the event that either party is required to		
enforce  this  Agreement  by  court  proceedings  or  otherwise,  then  the  Parties  agree  that  the		
substantially  prevailing  party  shall  be  entitled  to  recover  from  the  other  all  costs  incurred,		
including reasonable attorneys' fees, paralegal fees, and expert witness fees and costs for trial,		
alternative dispute resolution, or appellate proceedings.					

this and

10.	AMENDMENTS.

Agreement may be made only the Landowner.

Amendments to by an instrument

and waivers of in writing which

the provisions contained in is executed by each District

11.	AUTHORIZATION.  The execution of	this Agreement has been duly authorized		
by the appropriate body or official of the District and	the Landowner; both the District and the		
Landowner  have  complied  with  all  the  requirements	of law;  and  both  the  District	and	the		
			of	this		
Landowner  have  full  power  and  authority  to  comply  with  the  te1ms  and  provisions				
instrument.							
12.	NOTICES.  All notices, requests, consents	and other communications	under this		
							
Agreement	("Notices") shall be in writing and shall be delivered, mailed by First Class Mail,		
postage prepaid, or overnight delivery service, to the Parties, as follows:					

A.

If

to the District:

Holly Hill Road East Community Development

District

12051 Corporate Boulevard

Orlando, Florida 32817

Attn: District Manager

B.

With

If to

a copy to:

the Developer:

Hopping Green & Sams PA

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attn: District Counsel

HHR East, LLC

301 W. Platt Street, Suite 671

8

HHR East, LLC: Acquisition Agreement

Tampa, Florida 33606

Attn: Scott Shapiro

With

a copy

to:

&	Straughn    Turner, P.A.

255 Magnolia Avenue, SW

Winter Haven, Florida

Attn: Richard Straughn

Except as otherwise provided in this Agreement, any Notice shall be deemed received		
only upon actual delivery at the address set forth above.  Notices delivered after 5:00 p.m. (at the		
place of delivery) or on a non-business	day, shall be deemed received on the next business day.		
		in this Agreement would otherwise expire on a non-		
If any time for  giving Notice contained			
business  day,  the  Notice  period  shall  be  extended  to  the  next  succeeding  business  day.		
Saturdays, Sundays, and legal holidays recognized by the United States government shall not be		
regarded as business days.  Counsel for the District and counsel for the Landowner may deliver		
Notice on behalf of the District and the Landowner,		respectively.  Any party or other person to		
							of any change		
whom Notices are to be sent or copied may notify the other parties and addressees			
						
in name or address to	which Notices shall be sent by providing the same on five (5) days written		
notice to the Parties and addressees set forth herein.												
13.	ARM'S LENGTH TRANSACTION.  This Agreement has been negotiated	fully		
					
between the District and the Landowner	as	an arm's length transaction.  The Parties participated		
								In the case		of a		
fully in the preparation	of this Agreement and received the advice of counsel.					
dispute  concerning  the	interpretation	of	any  provision  of	this  Agreement,	both  Parties	are		

deemed to have drafted, chosen, and selected the language, and the doubtful language will not be		
interpreted or construed against either the District or the Landowner.								
14.	THIRD PARTY BENEFICIARIES	.	This Agreement is solely for the benefit of		
													
the District and the Landowner and no right or cause of action shall accrue upon or by reason, to		
or for  the  benefit of	any third party not	a formal		party to	this  Agreement.	Nothing in	this		
Agreement expressed or implied is intended or shall be construed to confer upon any person or		
corporation other than the District and the Landowner	any right, remedy, or claim under or by		
reason of this Agreement or any of the provisions or conditions of this Agreement; and all	of the		
provisions, representations, covenants, and conditions contained in this Agreement shall inure to		
the sole benefit of and shall be binding upon the District and the Landowner	and their respective		
						the		
representatives,  successors,  and  assigns.	Notwithstanding	anything in this  Agreement to			
contrary, the Trustee for the Series 2018 Bonds shall be a direct third party beneficiary	of the		
	of the		
terms  and conditions	of this  Agreement and,  acting  at  the	direction of and on behalf			
bondholders	owning	a	majority of the  aggregate principal  amount of the  Series  2018  Bonds		
outstanding,  shall  be  entitled  to  cause  the  District  to  enforce  the  Landowner's  obligations		
hereunder.   The  Trustee  shall  not  be  deemed  to  have  assumed  any  obligations  under  this		
Agreement.																		

15. Parties only withheld.

ASSIGNMENT.  This Agreement may be assigned,	in		
			
upon the  written consent	of the  other,  which consent		

whole or shall not

in be

part, by either umeasonably

9

HHR East, LLC: Acquisition Agreement

16.	APPLICABLE  LAW	AND  VENUE.	This	Agreement  and	the	prov1s1ons		
									to the laws	of	the State		
contained herein shall be construed, interpreted and controlled according					
of Florida.  Each party consents	that the venue for any litigation	arising out	of or related to this		

Agreement shall be in Polk County.																	
17.	PUBLIC  RECORDS.	The	Landowner	understands	and		agrees	that	all		
documents	of any kind provided	to the District in connection with this Agreement may be public		
					with Florida law.												
records and treated as such in accordance													
															
18.	SEVERABILITY.	The	invalidity  or	unenforceability	of	any  one	or  more		
provisions	of this  Agreement	shall  not affect the validity	or  enforceability	of the  remaining		
								to	be	invalid	or		
								of  this  Agreement  not  held							
portions  of  this  Agreement,  or  any  part								
								
unenforceable.																					
19.	LIMITATIONS		ON	GOVERNMENTAL	LIABILITY.		Nothing	in	this		
Agreement shall be deemed	as a waiver	of immunity or limits	of liability of the District beyond		
	of	immunity or limits of liability	which may have been adopted by		
any statutory limited waiver					
						and nothing in this		
										or other law,			
the Florida Legislature in Section 768.28, Florida Statutes,				
Agreement shall inure to the benefit	of	any third party for the purpose	of	allowing any claim		
which would otherwise be barred by sovereign immunity or by other operation	of law.				

20.	HEADINGS FOR CONVENIENCE ONLY.	
Agreement are for convenience only and shall not control nor	
of any of the provisions of this Agreement.	

The affect

descriptive headings in this the meaning or construction

21.		.	This  Agreement	may  be	executed	in	any  number  of		
	COUNTERPARTS								
counterparts, each of which	when executed and delivered shall be an original; however, all such		
				the  same	instrument.	Signature  and		
counterparts	together  shall  constitute,  but  one  and					
acknowledgment pages, if any, may be detached	from the counterparts and attached to a single		
							
copy of this document to physically	fmm one document.						

22.	EFFECTIVE DATE.

the District and the Landowner.

This Agreement shall be effective upon its execution by

[SIGNATURE

PAGE

FOLLOWS}

10

HHR

East, LLC: Acquisition Agreement

IN WITNESS WHEREOF, written above.

the Parties execute this Agreement the day and year first

ATTEST:

HOLLY HILL ROAD EAST COMMUNITY

DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Witness

Warren K.  (Rennie) Heath, II, Chairperson,

Board of Supervisors

HHREAST, LLC, a Florida limited liability company

By:  Scott H. Shapiro
Its:  Manager

Comp.

Exhibit

A:

Holly  Hill  Road East  Community  Development District Amended  and		
Restated Engineer 's  Report for  Capital Improvements,	dated March 21,		
			
2018, as amended in the First Amendment to the Amended and Restated		
Engineer's Report, dated June 2018			

11

HHR

East, LLC: Acquisition Agreement

Holly

Hill

Road

East

Community

Development District

Assignment

of Construction Contract

Facility

for

the

Amenity

Holly

Hill

Road

East

Community

Development District

Assignment

of

Contract

DEVELOPER'S REGARDING

AFFIDAVIT AND ASSIGNMENT OF

AGREEMENT CONTRACT

STATE OF FLORIDA			
COUNTY OF	-------			
				
BEFORE ME, the undersigned, personally	appeared ____________		
			
East, LLC ("Developer"), who, after being first duly sworn, deposes and says:		

of

HHR

(i)	I, _____________, serve as	Manager for Developer and am authorized		
	to make this affidavit on its behalf.	I make this affidavit pursuant to Section Three (3) of		
	the Second Agreement Between Holly Hill Road East Community Development District		
	("District"),	North	Boulevard	Community	Development  District,	and	Developer,		
					Work  Product,	Improvements	and  Real		
	Regarding  the  Joint	Acquisition		of Certain					
	Property, dated as of	October_,	2018 ("Amenity Acquisition Agreement"), and the		
	Agreement Between the District and Developer	Regarding Acquisition	of Certain Work		
	Product, Improvements and Real Property,	dated as of October 11, 2018 (the "Phase 2		
					Acquisition Agreement,  the		
	Acquisition Agreement," and together with the Amenity			
	"Acquisition Agreement") , and	in order to induce the District to accept an assignment		
	of the Improvement Agreement (defined below).							

(ii)

(iii)

The Agreement ("Improvement Agreement")	between Developer and Tucker Paving		
Inc., ("Contractor"), dated September	28, 2018, including all change orders approved to		
	X was competitively	bid prior to its execution or		
date, and attached hereto as Exhibit A,				
				
__ is below the applicable bid thresholds	and was not required to be competitively		
							
prior to its execution.									
Developer,  in  consideration  for  the  District's	acceptance	of  an  assignment  of the		
Improvement Agreement agrees to indemnify, hold harmless and defend the District and		
its successors,  assigns,  agents, employees, staff, contractors, officers, governing board		
members, and representatives (together, "Indemnitees"), from any and all liability, loss or		
damage, whether monetaiy or otherwise, including reasonable attorneys' fees and costs		
and all fees and costs of mediation or alternative	dispute resolution,  as a result of any		
		expenses,  damages,  penalties,		
claims,  liabilities,  suits,  liens,  demands,  costs,  interest,			
fines, or judgments, against Indemnitees	and which relate	in	any way to the assignment		
								
of, or bid process for, the Improvement Agreement.					

(iv)	Developer has obtained a release from Contractor	acknowledging the assignment of the		
						of the  bonding		
	above	referenced  contract  and  the  validity	thereof,  the  satisfaction			
	requirements of Section 255.05, Florida Statutes (if applicable),	and waiving any and all		
	claims against the District arising as a result of or connected	with this assignment.  Such		
								
	releases are attached as Exhibit B.									
(v)	The Contractor has or will X furnish  and record	a performance	and payment bond in		
	accordance with Section 255.05, Florida Statutes, which is attached hereto as Exhibit C,		
	or	was  not required to provide such a bond pursuant	to	Section 255.05, Florida		
	Statutes.									
(vi)	Developer X represents and warrantstherethat	are no outstanding liens or claims relating		
	to the Improvement Agreement, or __ has posted a transfer bond in	accordance	with		
					
	Section 713.24, Florida Statutes, which is attached hereto as Exhibit D.				

(vii)	Developer represents and wmrnnts that all payments to Contractor and any subcontractors or materialmen under the Improvement Agreement are cunent and there are no outstanding disputes under the Improvement Agreement.

(viii)	To the extent the District does not have sufficient funds to complete the Improvement

Agreement,  Developer  agrees  that  the  Improvement  Agreement  is	subject  to:  (i)  in	
regards to the Phase 2 improvements, the funding obligations set forth	in the Construction	
Funding Agreement, dated October 11, 2018, between the District and Developer; and	
(ii) in regards to any remaining amenity facility improvements, the funding obligations	
set forth in the District's Bond Anticipation Note, Series 2018 (Amenity Center Line of	
Credit) and the Construction Funding Agreement, dated October 2,	2018, between the	
North Boulevard Community Development District and RCE II, LLC.		
Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true	
and correct to the best of my knowledge and belief.		

Executed this

day

of

_______

,

2018.

HHR East, LLC

By:

_________

_

Its: Manager

[Print Name]

The foregoing instrument ________, who [ ] identification.

was acknowledged before is personally known to

me me

this or

__ day of [ ] produced

____

_,

2018, by as

(NOTARY SEAL)

Witness	---------		
			
Print Name of Witness		

Notary Public Signature

Holly Hill Road East CDD

Chairman, Governing Board

The foregoing instrument ________, who [ ] identification.

was acknowledged before is personally known to

me me

this __ day of _____, or [ ] produced

2018, by as

(NOTARY SEAL)

Notary Public Signature

ACKNOWLEDGMENT AND ACCEPTANCE ASSIGNMENT AND RELEASE

OF

For ten and sufficiency as follows:

(i)

dollars and such additional good and valuable consideration	received in hand, the receipt		
		hereby agrees		
of which are hereby acknowledged, Tucker Paving, Inc., ("Contractor"),			
			
The Agreement ("Improvement Agreement")	between HHR East, LLC, and Contractor		
						
dated _____, 2018, has been assigned to the Holly Hill Road East Community		
Development   District	("District").	Contractor	acknowledges   and   accepts   such		
							
assignment and its validity.							

(ii)	Contractor represents and warrants that either:

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

(iii)	Contractor  represents   and  warrants   that   all   payments  to   Contractor  and   any

(iv)

subcontractors or materialmen under the Improvement Agreement are		
are no outstanding disputes under the Improvement	Agreement.		
			
Contractor hereby releases and waives any claim it may have against		
result of or in connection with such assignment.			

current and

the District

there

as a

[CONTINUED ON NEXT PAGE]

Executed

this_

day

of

________

,

2018.

Tucker Paving, Inc.

By:

___________

_

Its:

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

STATE OF FLORIDA		
COUNTY OF	-------		

The foregoing

identification.

instrument was acknowledged before me who [ ] is personally known to me

this or

__ day of [ ] produced

____

,

2018, by as

(NOTARY SEAL)

Notary Public Signature

ADDENDUM

("ADDENDUM")

TO

CONTRACT

("CONTRACT")

1.	ASSIGNMENT.  This Addendum	applies to that certain contract between the Holly Hill		
		("District")  and  Tucker  Paving,  Inc.,  ("Contractor"),		
Road  East  Community  Development	District			
							with the execution of this Addendum.		To the		
which Contract was assigned to the District simultaneous					
								
extent the terms of the Contract conflict with this Addendum, the terms of this Addendum shall control.		
2.	PAYMENT AND  PERFORMANCE BONDS;	No	LIEN RIGHTS.	Before commencing	the		
							
work, and consistent with the requirements	of Section 255.05 of the Florida Statutes, the Contractor	shall		
					
								of Polk County, Florida, a payment and		
execute, deliver to the District, and record in the public records			
performance bond with a surety insurer authorized	to do business in this state	as surety or, to the extent		
permitted by the District in its sole discretion, provide an alternative form of security as authorized	under		
					
Section 255.05 of the Florida Statutes.  Such bond and/or security shall be for 100% of the project cost		
and shall be in effect for a full year from the time of completion	of the project.  Contractor agrees that the		
District  is	a  local  unit  of special  purpose  government  and  not  an  "Owner"  as  defined  in	Section		
713.01(23), Florida Statutes.  Therefore, as against the District or the District's property, there are no lien		
rights available to any person providing materials or services for improvements in connection with the		
project.  Contractor shall notify any subcontractors, material suppliers or others claiming interest in the		
work of the existence of the payment and performance	bond.											
														
3.	INSURANCE.  The District, its officers, governing	board, agents, staff, and representatives,		
and, HHR East, LLC shall be named as additional insured's under the insurance provided pursuant to the		
Contract. Contractor shall furnish the District with the Certificate	of Insurance evidencing compliance with		
this requirement. No certificate shall be acceptable unless	it provides that any change or termination		within		
							
the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of		
prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed		
to conduct business in the State of Florida.	If Contractor	fails to have secured and maintained the required		
insurance, the District has the right (without any obligation to do so, however), to secure such required		
insurance in which event, Contractor shall pay the cost for that required insurance and shall furnish, upon		
demand,  all  info1mation  that  may  be  required	in	connection	with the  District's  obtaining the required		
													
msurance.																			

4.	INDEMNIFICATION.	
and its governing board, consultants,	
and damages as provided in section 7	

Contractor shall indemnify, agents, staff, and employees .18 of the Contract.

hold harmless, and defend the District from and against claims, costs, losses,

5.	SOVEREIGN IMMUNITY.	Nothing in the Contract shall be deemed as	a waiver of the	
District's sovereign immunity or the District's	limits of liability as set forth in Section 768.28, Florida	
Statutes or other statute, and nothing in the Contract shall inure to the benefit of any third party for the	
purpose of allowing any claim which would otherwise be barred under such limitations	of liability or by	
operation	of law.				

6.	NOTICES.

provided as follows:

Notices  provided  to  the  District  pursuant  to  the  Contract  shall  be

District:	Holly Hill Road East Community Development District

12051 Corporate Boulevard

Orlando, Florida 32817

Attn: Jane Gaarlandt

With a copy to:	Hopping Green & Sams, P.A.		
	119 South Monroe, Suite 300 (32301)		
			
	Post Office Box 6526		
	Tallahassee, Florida  32314		
	Attn:  Roy Van Wyk		

7.	SCRUTINIZED  COMPANIES  STATEMENT.		Upon	the  Assignment,	Contractor  shall		
properly  execute  a  sworn  statement  pursuant  to  section	287	.13 5(5),  Florida	Statutes,	regarding		
							
Scrutinized	Companies  in  substantially  the  form  of	the	attached	Exhibit	A,	and  by  signing  this		
Addendum represents that Contractor	is able to execute such sworn statement.		If the Contractor is found		
	as provided in section 287.135(5),	Florida Statutes, been placed on		
to have submitted a false certification				
										
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in		
the Iran Petroleum Energy Sector List, the Scrutinized	Companies that Boycott Israel List or is	engaged	in		
					
a boycott of Israel, or been engaged	in business operationsor in Cuba			Syria, the District may immediately		
																		
terminate the Contract.																				
8.	PUBLIC ENTITY CRIMES STATEMENT.	Upon the Assignment,	Contractor shall properly		
execute a sworn statement under section 287.133(3)(a), Florida Statutes, regarding public entity crimes,		
and by signing this Addendum		represents that Contractor is		able to execute	such sworn statement. The		
												
	in the form of the attached Exhibit	B.										
statement shall be substantially												

9.	TRENCH SAFETY ACT STATEMENTS.	Upon the Assignment, Contractor shall properly		
execute a Trench Safety Act Compliance Statement and a Trench Safety Act Compliance Cost Statement,		
and by signing this Addendum		represents that Contractor is		able to execute	such sworn statement. The		
												
		in the form of the attached Exhibit	C.									
statements shall be substantially											

10.	CONSTRUCTION   DEFECTS.	PURSUANT   TO		
				
STATUTES,  ANY  CLAIMS  FOR  CONSTRUCTION  DEFECTS		
NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA		

SECTION 558.005, FLORIDA ARE NOT SUBJECT TO THE STATUTES.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

IN

WITNESS

WHEREOF,

the parties hereto hereby acknowledge and agree to this Addendum.

TUCKER PAVING, INC.

Witness

Print Name of Witness

By: _____________	_		
			
Its:	--------------		
			
HOLLY HILL ROAD EAST COMMUNITY		
DEVELOPMENT DISTRICT			

Witness

Print Name of Witness

By: ___________	_		
			
Its:	--------------		

Exhibit

Exhibit

Exhibit

A: B: C:

Scrutinized Companies Statement

Public Entity Crimes Statement

Trench Safety Act Statement

EXHIBIT A

SWORN STATEMENT PURSUANT TO SECTION 287.135(5), FLORIDA STATUTES, REGARDING SCRUTINIZED COMPANIES

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 Holly Hill Road East Community	Development District			
				
by_____________________________________	_		
			
(print individual's name and title)				
for ________________________	_			
				
(print name of entity submitting sworn statement)			

2.

3.

whose business address is																
I understand that, subject to limited exemptions,		section 287.185, Florida Statutes,	declares a company is		
ineligible to,  and may not, bid on, submit a proposal	for,  or enter into or renew	a contract	with a local		
					
governmental entity for goods or services	of	$1		million or more	if at	the time of	bidding	or submitting a		
								the	Scrutinized		
	of an	existing  contract,	the	company  (a)	is  on				
proposal  for  a new  contract  or	renewal									
						to	Section 215.4725, Florida Statutes, or is engaged in a		
Companies that Boycott Israel List, created pursuant				
boycott of Israel;  (b)  is  on the	Scrutinized  Companies with Activities  in  Sudan List or the  Scrutinized		
Companies with Activities in the	Iran Petroleum	Energy Sector List, created pursuant to Section 215.473,		
Florida Statutes; or ( c) is engaged	in business operations in Cuba or Syria.						
																
Based on information and belief,	at the time the entity submitting	this sworn statement submits its proposal		
to  the  North  Boulevard  Community  Development District,  neither	the  entity,	nor  any	of	its  officers,		
directors,  executives,  partners,  shareholders,  members,  or  agents,	is  listed  on  either  the  Scrutinized		
Companies  with  Activities  in  Sudan  List  or  the  Scrutinized  Companies  with  Activities  in  the  Iran		
Petroleum Energy Sector List, the Scrutinized	Companies that Boycott Israel List or	is engaged	in a boycott		
oflsrael, or is engaged in business	operations in Cuba or Syria.								

4.	If awarded the Contract, the entity will immediately notify the North Boulevard Community Development
District in writing if either the	entity, or any of its officers,	directors,	executives,	partners, shareholders,	
members,  or agents,  is	placed  on either the  Scrutinized	Companies with Activities  in  Sudan  List,  the	
Scrutinized  Companies	with  Activities	in  the  Iran  Petroleum  Energy  Sector	List,  the  Scrutinized	
Companies  with  Activities  in	the  Iran	Petroleum	Energy  Sector  List,  the  Scrutinized  Companies  that	
Boycott Israel List or is	engaged in a boycott of Israel, or is engaged	in business operations in Cuba or	
Syria.									

Signature by authorized representative

ST ATE OF FLORIDA	_		
COUNTY OF ______			

of

Contractor

Sworn to (or affirmed) and subscribed before me this ___ day of _______	,		
__________, of ___________. who is personally known to me or who		
_____________	as identification and who did (did not) take an oath.			

2018, by has produced _

Signature

of

Notary Public taking acknowledgement

(SEAL)

EXHIBITB

SWORN STATEMENT ON PUBLIC ENTITY CRIMES PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES

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

1. 2.

3.

This sworn statement is submitted to the Holly Hill RoadCDDEast.					
I am over eighteen (18) years of age and competent to testify as to the matters contained herein.	I serve in		
the  capacity  of ___________ for  ___________ ("Contractor"),	and  am		
			
authorized to make this Sworn Statement on behalf of Contractor.					
Contractor's business address is _______________________	_				

4.

Contractor's Federal Employer Identification	Number (FEIN) is	____________	_		

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

5.

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

6.

I	understand that  "convicted"  or  "conviction"	as  defined  in	Paragraph  287 .133(1)(b ),  Florida	Statutes,	
means a finding of guilt or a conviction of a public entity crime, with or without an adjudications	of guilt,	
in	any federal or state trial court of record relating to charges brought by indictment	or information after	
July 1, 1989, as a result of a jury verdict, nonjury trial, or entry	of a please of guilty or nolo contendere.	

7.

8.

I understand that an "affiliate" as	defined in Paragraph	287.133(1)(a), Florida Statutes, means:				
									
a.	A predecessorsuccessor	of	a person convicted of a public entity crime; or,				
b.	An entity under the control of	any natural person who	is active in the management of	the entity and		
	who  has  been  convicted  of a  public  entity  crime.  The  term  "affiliate"	includes	those  officers		
	directors, executives, partners, shareholders, employees, members, and agents who are active in the		
	management  of	an  affiliate.  The	ownership  by  one  person  of shares  constituting	a  controlling		
	interest in another person, or a pooling of equipment	or income among persons when not for fair		
	market value under an arm's length agreement, shall be a prima facie case that one person controls		
	another person.	A person who knowingly enters into a joint venture with a person who has been		
	convicted	of a public entity crime in Florida during the preceding 36 months shall be considered	an		
					
	affiliate.													
I understand that	a "person" as	defined	in Paragraph	287.133(1)(e), Florida Statutes, means any  natural		
person or entity organized under the laws	of any state or of the United States with the legal power to enter		
into  a	binding contract  and  which bids  or applies  to  bid on  contracts  let by a	public  entity,  or which		
otherwise transacts or applies to transact business with a public entity.  The term "person" includes those		
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in		
management of an entity.											

9.

Based  on information  and belief,  the  statement	which  I have  marked below	is	true  in  relation	to  the		
						
Contractor submitting this sworn statement.  (Please indicate which statement applies.)					
_____ Neither  the  entity  submitting  this	sworn  statement,  nor	any		of	its	officers,	directors,		
								of the		
executives, partners, shareholders, employees, members, or agents who are active in the management			
			
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,		
									of the		
executives, partners, shareholders, employees members or agents who are active in the management			
			
entity, or an 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,		
									of the		
executives, partners, shareholders, employees, members or agents who are active in the management			
			
entity, or an affiliate of the entity has been charged with and convicted of	a public entity crime subsequent		
to July 1,	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	1,	1989.	IN	THE   EVENT   IT	IS	LATER	DISCOVERED	THAT   A		
										
		HAS	BEEN	CONVICTED   OF	A	PUBLIC	ENTITY   CRIME,   THE		
SUBCONTRACTOR/SUPPLIER								
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.				

Under penalties of perjury under the laws	of the State of Florida,	
Statement under Section 287.133(3)(a), Florida Statutes, Regarding	
provided is true and correct.		

I declare that I have read the foregoing Sworn Public Entity Crimes and all of the information

Dated this

____

day

of

__________

,

2018.

By:

_____________

_

Title:	----------------		
			
STATE OF FLORIDA	_		
COUNTY OF ________			

The foregoing instrument was acknowledged	before me this __ day		
by ________ of _______________, who is		
produced	as	identification, and did [		

of __________, 2018, personally known to me or who has ] or did not [ ] take the oath.

Notary Public,

State

of

Florida

	EXHIBIT C				
TRENCH SAFETY ACT COMPLIANCE STATEMENT		
INSTRUCTIONS		of 5 feet, Chapter 90-96 of the		
Because trench excavations on this project are expected to be in excess			
Laws of Florida requires that construction	on the project comply with Occupational Safety and Health		
			is required to  execute this		
Administration  Standard 29  C.F.R.s.  1926.650  Subpart P.   The Contractor			
Compliance Statement and the Compliance Cost Statement.   The costs for complying with the Trench		
Safety Act must be incorporated intoContractthe	Price.				

This form must be certified in the presence oaths.

of

a notary public or other officer authorized to administer

CERTIFICATION

1.

2.

3.

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.			
The estimated cost imposed by compliance	with The Trench Safety Act will be:		
					
			Dollars	$		
----------------------	------		
	(Figures)		
(Written)						
						
The amount listed above has been included within the Contract Price.			

Dated

this

_____

day

of

__________

,

2018.

Contractor:

By:

_____________

_

Title:

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

STATE OF FLORIDA	_		
COUNTY OF ____			

The foregoing  instrument was  acknowledged	before me  this __ day  of _________		
			, who is personally known to me		
2018, by ________	of ____________			
				
			as identification.		
who has produced _______________			

_ or

Notary Public,

State

of

Florida

TRENCH

SAFETY

ACT

COMPLIANCE

COST

STATEMENT

INSTRUCTIONS	in excess of 5 feet,	Chapter 90-96 of the		
Because trench excavations on this Project are expected to be				
Laws of Florida requires that the Contractor submit a statement	of the costs of complying with the Trench		
Safety Act. Said costs must also be incorporated into the Contract Price.			
This form must be certified in the presence of a notary public or other officer authorized to administer		
oaths.				
By executing this statement, Contractor acknowledges that included in the various items of its Contract		
Price  are costs for complying with the  Florida Trench Safety Act (90-96,  Laws	of Florida) effective		
October 1, 1990. The Contractor further identifies the costs as follows:			

Type of Trench Safety Mechanism	Quantity

Unit

Cost

1

Item Total Cost

Project Total

Dated this

____

day

of

__________

.,

2018.

Contractor:

By:

________________

_

Title:
-----------------

STATE

OF

FLORIDA

COUNTY

OF

_____

The foregoing  instrument was  acknowledged before me this __
2018, by ________ of
to me or who has produced _______________

day of __________

who is personally known as identification.

Public, Notary

State

of

Florida

1

Use

cost per linear square foot

of

trench excavation used and cost per square

foot

of

shoring used.

Holly Hill Road East

Community Development District

Phase 2 Construction Contract Between Tucker Paving,
Inc., and HHR East, LLC

This document has important legal consequences; co nsultat ion with an attorney is encouraged with resecp t to its use or modification. This document shouldea b dapted to th eartip ulc ar circumstances of

ethc  ontemplated Project and eth  co nt rolling Laws and Regulations.

AGR EEMENT

BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT (STIPULATED PRICE)

Prepa	red by

EJcnc·_:

ENGINEERS JOINT CONTRACT
DO CUMENTS COMMIT TEE

Issued and Publiseh d Joint ly by

---
ACE C

A M lllllC/\N COUNCI i .• 0 1 ENGIN Ui;lllNG COMl'ANl l!S

ASCE
AMEAICAN SOCICTY Of CMLENGINEffiS

A  National Society of
9'Professional Engineers®

EJ CDC®  C-520 (R ev. J), Agreement Between Owner nnd Conll'n clor for Construcl ion C ont rnct (S ti1iulnlcd P 1·lce).

Copyright © 2013 National Society o f Professional Engineers, American Co uncil of Engineering Com panies, and American Society of Chill Enginee rs. 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

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800)	548-2723 www .asce.org

The copyright for this EJCDC document is owned jointly by th e three sponsoring organizations listed above. Th e National Society of Prof essional Engineers is th e 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.

EJ CDC® C-520 (Rev. 1), Agreement Bctwecu Owncl' and Contmctor l'or Construclion Coutrncl (Stl1111lntcd Price). Copyright ~ 2013 NatIona I Society of Professional Engineers, American council of Engineering Companies,

and American Society of Civil Enclnocrs. All rich ts reserved.

FOR

AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between	HHR East, LLC	
Tucker Paving, Inc.		
agree	as follows:	
Owner and Contractor hereby		

("Owner") and ("Contractor").

ARTICLE

1 -  WORK

1.01

Contractor

is generally

shall complete all Work described as follows:

as

specified

or

indicated

in

the

Contract Documents.

The

Work

ARTICLE

2

-THE

PROJECT

2.01

The Project, of which the Work follows: Citrus Pointe (Holly Infrastructure

under the Hill Road

Contract

East COD

Documents is Ph 2) Mass

a part, is	generally described as	
Clearing,	Grading,  and  Master	

ARTICLE

3 -

ENGINEER

3.01

3.02

The part of the Project that pertains to the	Work has been designed	by Dennis Wood			
							
Engineering	LLC,	located at 1925 Bartow Road, Lakeland, Florida 33801.					
The  Owner	has	retained  Dennis	Wood	Engineering  LLC  ("Engineer")	to	act  as	Owner's		
									
						rights and authority	assigned		
representative, assume all duties and responsibilities,	and have the				
					
				of the	Work in		
to Engineer	in the Contract Documents	in  connection  with the	completion				
accordance	with	the Contract	Documents.								

ARTICLE

4 -

CONTRACT

TIMES

4.01

4	.02	

4.02

Time of the Essence													
A.	All time limits for Milestones,	if any, Substantial Completion,	and completion and readiness		
			the essence of the Contract.		
	for final payment as stated in	the Contract Documents are	of			
CoRtrect	Times: Detes													
A.	The	V'Jorlc will be substantia11		• completed on	or before___:., and completed and ready for		
			1			15.06 of the	General Conditions on or before		
	final payment in accordance	with Paragraph				
						[or]								
Contract	Times: Days													
I\	The	Work will be substantially	completed 'Nithin--• days after the date when the Contract		
)  l.								of the General	Conditions, and		
	Times commence to run	as		provided in Paragraph 4.01				
								
	completed and ready for	final payment	in accordance v,,ith Paragraph	15.06 of the General		

	Conditions within--•·days	after the date when the Contract Times commence to run.		
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.					

*A.	Contractor agrees to complete	all		
				
calendar days of the	issuance	of a Notice		
schedule.					

work described to Proceed and

herein within	one hundred fifty (150)		
consistent with the	attached	project		

4.03

B.	Parts of the Work shall be	substantially completed on or before the follo	.ving Milestone(s):		
																				1											
	1.	Milestone	1	[event &	date/days]																						
	2.	Milestone	2	[event &	date/days]																						
	3.	Milestone 3	[event & date/days]																						
Liquidated Damages																												
A.	Contractor and Owner recognize that	time	is of the essence as stated in Paragraph	4.01 above		
							and		
	and	that Owner will	suffer financial	and	other losses	if	the	Work is  not completed			
													
	Milestones	not	achieved	within the	times specified	in	Paragraph 4.02  above,  plus  any		
																		the		
	extensions	thereof allowed in accordance with the Contract. The parties also recognize			
	delays, expense, and difficulties	involved in proving in a legal	or arbitration proceeding	the		
												on time. Accordingly, instead	of		
	actual loss suffered by Owner if	the Work	is not completed				
							
											for delay		
	requiring any such proof, Owner and Contractor	agree that as	liquidated damages			

	(but not as	a penalty):																										
	1.	Substantial Completion: Contractor shall pay Owner $500	for each day that expires		after		
									
		the time (as	duly adjusted pursuant to the Contract) specified 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 com pl et ion and readiness for	final payment,		
		Contractor shall pay Owner $500 for	each day that expires	after such	time	until	the	Work		
		is completed and ready for final payment.																	
	3.	Liquidated		damages	for  failing	to		timely	attain  Substantial  Completion  and  final		
											concurrently.												
		completion are not additive and	will		not be	imposed													
																					
	4.	Milestones: Contractor sha!! pay	Owner$		• for each day that expires	after	the		
		time (as duly adjusted pursuant	to	the Contract) specified above	for achievement	of		
								
		Milestone1	1, until Milestone	is achieved.																	
B.	Bonus: Contractor and Owner further		recognize	the Owner will realize financial and	other		
	benefits if	the	\Nork	is completed	prior	to the	time specified for Substantial		Completion.		
										Owner shall		
	Accordingly, Ovmer and Contractor agree that as a bonus for early completion,				
										
	pay Contractor	$			· for each		day prior	to the	time specified in Paragraph 4 .02	for		
	Substantial  Completion  (as  duly	adjusted  pursuant	to	the	Contract)  that	the	'.l\/ork is		
	substantially complete. The maximum	value of the bonus shall be limited to$										

ARTICLE

5 -

CONTRACT

PRICE

5.01	Owner shall pay Contractor Documents the amounts that

for completion follow, subject to

of the	Work	in  accordance	with		
					
adjustment under the Contract:		

the

Contract

EJCDC®

C-520 (Rev.

1), Agreement Between Owner and

Contractor

for Construction

Contract

(Stipulated Price).

Copyright©

2013

National

Society

of

Professional

Engineers, American

Council

of

Engineering Companies,

and

American

Society

of

Civil

Engineers.

All

rights

reserved.

A.

B.

For all Work other than Unit Price Work, a lump sum of:  One Million	Nine Hundred Ninety		
		(consisting  of		
Thousand  One  Hundred  Thirteen  and  Forty-eight  Cents  ($1,990,113.48)			
			
$1,727,972.64 for subdivision	and $262,140.83 for Amenity)				
								
All specific cash allowances are included in	the	above price in accordance	with Paragraph		
13.02 of the General Conditions.							
For all Unit Price Work, an amount equal to	the	sum	of the extended	prices (established for		
					price times the		
each separately identified item of Unit Price Work	by multiplying the unit			
actual quantity of that item):								

Item

No.

Description

Unit Price Work

Estimated
Unit
Quantity

Unit

Price

Extended

Price

Total of all Extended Prices based on actual quantities)

for

Unit Price

Work

(subject

to

final adjustment

$

C.

The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are		
based on estimated quantities.	As provided in Paragraph 13.03	of the General	Conditions,		
						
			actual  quantities	and		
estimated  quantities are  not	guaranteed,  and  determinations	of				
						
classifications are to be made by Engineer.						
Total of Lump Sum Amount and Unit Price Work (subject to final	Unit Price adjustment)		

D.

For all Work,

at

the

prices stated in Contractor'sBid, attached

hereto

as

an

exhibit.

ARTICLE

6 -	PAYMENT PROCEDURES	

6.01

6.02

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.										
Progress Payments; Retainage										
A.	Owner shall make progress payments on account of the Contract Price	on the	basis of		
	Contractor'sApplications for	Payment on	or about the __. day of	each month	during		
							
	performance	of the Work as	provided	in	Paragraph fi.02.A.1 belmi,•,	provided that such		
											
								meet the		
	Applications	for Payment have been submitted in a timely manner and otherwise			
	requirements of the Contract. All such payments will be measured by the Schedule	of Values		
	established as provided in the General Conditions (and in the case of Unit Price V\/ork based		

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.

B.

on	the	number of units completed) or, in the event	there is	no Schedule	of Values, as		
provided elsewhere in the Contract.										
1.	Prior to Substantial Completion, progress payments will be	made in an amount equal to		
	the  percentage  indicated below but, in each case, less	the aggregate	of payments		
	previously made and less such amounts as	O,vner may	withhold, including but not		
				1								
	limited to liquidated damages, in accordance	with	the Contract				
	a.	·--•percent of Work completed (with the balance being retainage). If the	Work		
		has been SO percent completed as determined by Engineer, and if	the character		
		and progress of the Work	have been satisfactory to O11mer and Engineer, then as		
		long as the character and progress of the Work remain satisfactory	to 011mer and		
		Engineer, there will be no additional retainage;	and						
									
	b.	--• percent of cost of materials and equipment not incorporated in the	1		
			J/ork		
		(with the balance being retainage).									
Upon Substantial  Completion,  Owner shall  pay	an	amount sufficient to  increase	total		
payments to Contractor to_·__'percent ofthe Work	completed, less such amounts set off		
by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less __• percent		
of	Engineer'sestimate of the value	of Work to be completed or corrected as	shown on the		
punch list of items to be completed	or corrected prior to	final payment.				

*

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 amounts not paid when due shall bear interest at the

payments due and not made within the time prescribed	by		
			
bear interest at the rate of one percent (1%)	per month on		
Section 218.74(4). Florida Statutes.				

rate	of	• percent per annum.  All	
Section 218.735, Florida Statutes, shall	
the	unpaid balance in accordance with	

ARTICLE

8 -

CONTRACTOR'SREPRESENTATIONS

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.				
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.				

B.

C.

D.

E.

F.

G.

H.

I.

J.

Contractor	has visited the	Site, conducted	a thorough, alert visual examination	of the Site		
						
												local, and Site		
and adjacent areas, and become	familiar with and	is	satisfied as to the	general,			

conditions	that may affect cost, progress, and performance of the Work.							
Contractor	is familiar with and is satisfied as to all	Laws and Regulations	that may affect cost,		
progress, and performance of the	Work.															
Contractor	has	carefully studied all:  (1)  reports	of	explorations and	tests	of		subsurface		
conditions at or	adjacent to the	Site and all drawings	of physical conditions relating to existing		
surface or subsurface structures at the	Site that have been identified in the Supplementary		
Conditions, especially with	respect to Technical Data in such reports	and drawings, and (2)		
			if any, at	or adjacent		
reports and drawings relating	to		Hazardous Environmental Conditions,				
																						
to	the Site that have been identified in the Supplementary Conditions, especially with respect		
to	Technical Data in such reports	and drawings.														
																				
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		
											cost, progress, and performance of the		
information, observations, and documents on (1) the			
Work; (2) the means, methods,	techniques, sequences, and procedures	of	construction to be		

employed by Contractor; and (3) Contractor'ssafety precautions and programs.				
Based  on	the	information		and			observations  referred  to  in  the	preceding		paragraph,		
												
Contractor agrees	that no	further		examinations, investigations, explorations, tests, studies,		
																		within the		
or	data are necessary for	the	performance of	the	Work at the Contract Price,			
Contract Times, and in accordance	with the other terms	and conditions	of the	Contract.		
																	
Contractor is aware of the	general nature	of work to	be	performed by	Owner	and others at		
the Site that relates to the	Work	as indicated in the	Contract Documents.							
Contractor  has	given  Engineer		written	notice	of	all  conflicts,  errors,  ambiguities,  or		
discrepancies that	Contractor	has	discovered in	the	Contract Documents, and	the written		
resolution	thereof	by Engineer	is	acceptable to	Contractor.									
The Contract Documents are generally	sufficient to	indicate and convey understanding of all		
																
terms and conditions for performance and furnishing of	the Work.									
Contractor's entry  into	this  Contract  constitutes	an	incontrovertible	representation  by		
								performing		
Contractor that	without	exception all prices in the Agreement are premised upon			
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.!	to.§, inclusive).					
									
	2.	Performance bond (pages 1 to 2, inclusive)	.				
							
	3.	Payment bond (pages 1 to 2, inclusive)	.					
								
	4.	Other bonds.							
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.			

B.

C. D.

	a.	N/A (pages_. to---"	inclusive)	.						
										
5.	General Conditions (pages 1.	to 80, inclusive)	.				
							
6.	Supplementary Conditions (pages 1. to	l, 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 (sheets 1	to 38, inclusive)	.			

9.	Addenda (N/A).

10.	Exhibits to this Agreement (enumerated	as follows):							
	a.	Contractor'sBid	(pages 1	to 43, 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.													
The	documents  listed	in	Paragraph  9.01.A	are  attached	to		this  Agreement	(except	as		

expressly noted otherwise above).										
There are no Contract Documents	other than those listed above	in this Article 9.				

The Contract Documents may only be amended, modified,	or	supplemented as	provided	in		

the General Conditions.													

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.	It is the intent of the Owner	to assign this Contract to a Community	Development District		
						By		
	(CDD) established over the lands	upon which the improvements	will be constructed.				
							all		
			to such assignment of the	Contract, including			
	executing the Contract, Contractor agrees					
						
	rights, interest, duties and responsibilities	of the Owner contained	herein.  Contractor shall		
									
			express written consent	of	the		
	not assign all or any portion	of this Contract without the					
						all		
	Owner  or assignee  of	the	Owner.   Contractor further	agrees	to	execute  any  and				
	documents  necessary	to  effectuate  the  assignment  of	the  Contract  to  a  community		
	development district.												

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

(Stipnlated Price).

Companies,

10.03

Successors and Assigns							
A.	Owner and Contractor	each binds itself, its successors, assigns, and legal representatives	to		
			all		
			its successors, assigns, and legal representatives	in respect	to			
	the other party hereto,						

	covenants, agreements, and obligations contained in the Contract Documents.				

10.04

Severabi/ity						
A.	Any provision or part of the Contract Documents held to be void or unenforceable	under any		
			to be		
	Law or Regulation shall be deemed	stricken, and all remaining provisions shall continue			
					
				shall		
	valid and binding upon Owner	and Contractor, who agree that the Contract Documents			
					
	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.		

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

(Stipulated Price).

Companies,

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

This Agreement wi ll be effective on 19/M/!FI (which is lhc Effective Date of the Contract).

Title:	Manager

{If Contractor fs a corporation, a partnership, or a joint venture, attach evld e of orlty to sign.)

Attest:

Title:

Address for giving notices:

HHR East, LLC

346 East Central Avenue

Winter Haven, FL 33880

Phone: 770-378-9695

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

Attest:

Title:

Address for giving notices:

Tucker Paving, Inc.

3545 Lake Alfred Road

Winter Haven, FL 33881

Phone:863-299-4444

Fax:

Attn:
License No.: -------------
(where app/lcab/e)

NOTE TO USER: Use In those states or other jurisdictions where applfcoble or required.

EJCDC<lil C-520 (lln·. 1), Ai:rccmcnl nctwccn Owner nnd Co111r11rtor for Const ruclinn Conlrnct (Sflp11l11tcd rricc).

Copyrlehl ID 2013 Notional Society of Prolcsslonol Engineer,, American Councll of Engineering Com ponies, ond American Society of Civil Engineers. All rlohts reserved.

				PERFORMANCE BOND		
Any singular reference	to Contractor,	Surety, Owner, or other party shall be considered plural where applicable.		
							
CONTRACTOR (Name and Address and Phone Number):	SURETY	(Name and Address of Principal Place of Business		
		and Phone Number):		
										
OWNER:	HHR East, LLC	346 East Central A venue				
	Address:						
			FLWinter Haven,	33880				
	Phone Number:		863-324-3698					
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		
			on its behalf by its authorized officer, agent, or representative.		
Performance Bond to be duly executed			

Any action instituted by a claimant	under this	bond for payment		
		Florida Statutes.		
limitation provisions in section 255.05(2),			

must

be

in

accordance with the notice and time

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:				

SURETY			
	(Seal)		
Surety's Name and Corporate Seal			
By:			
Signature and Title			
(Attach Power of Attorney)			
Attest:			
Signature and Title			
SURETY			
___________________	(Seal)		
			
Surety's Name and Corporate Seal			
By:			
Signature and Title			
(Attach Power of Attorney)			
Attest:			
Signature and Title:			

00610-0

EJCDC No. C-610 (2002 Edition) Originally prepared through the joint efforts Committee, the Associated General Contractors

of of

the Surety Association	of	America,	Engineers Joint  Contract Documents		
			of Architects.		
America, and the American Institute			

I.	Contractor  and	Surety,  jointly  and  severally,	bind  themselves,  their  heirs,		
executors, administrators, successors, and assigns to Owner for the performance	of the		
Contract, which is incorporated herein by	reference.									
2.	If Contractor performs the Contract,	Surety and Contractor	have  no	obligation		
under this Bond, except to participate in conferences	as	provided in Paragraph 3.1.		
									
3.	If there is no Owner Default, Surety's obligation under this Bond shall arise after:		
	3.1.	Owner has notified Contractor and Surety, at the addresses described in		
		Paragraph	IO  below, that  Owner is considering	declaring a	Contractor		
		Default  and  has  requested  and attempted to  arrange	a	conference  with		
		Contractor and Surety to be held not later than	15  days after receipt of		
		such notice to discuss  methods of performing the Contract.	If Owner,		
		Contractor  and  Surety  agree,  Contractor  shall  be  allowed a	reasonable		
		time  to  perform  the  Contract,  but  such	an  agreement	shall  not  waive		
		Owner's right, if any, subsequently to declare a Contractor	Default; and		

3.2.	Owner  has  declared  a  Contractor  Default  and  formally  terminated

		Contractor's right to complete the Contract.  Such Contractor Default shall		
		not	be  declared  earlier than  20  days  after  Contractor	and  Surety  have		
						
		received notice as provided in Paragraph 3.1; and				
	3.3.	Owner has	agreed to pay the Balance of the Contract Price to:		
		I.	Surety	in accordance with the terms of the Contract;			
		2.	Another contractor selected pursuant to Paragraph	4.3 to perform the		
							
			Contract.					
4.	When Owner has satisfied the conditions of Paragraph 3,	Surety shall promptly and		
at Surety's expense take one of the following actions:					
	4.1.	Arrange for Contractor, with consent of Owner,	to perform and complete		
		the Contract; or					
	4.2.	Undertake to perform and complete the Contract itself, through its agents		
		or through independent contractors; or					

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

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

I.	After investigation, determine the amount for which it may be liable to	
	Owner  and,  as  soon  as	practicable  after  the  amount  is	determined,	
	tender payment therefor	to Owner; or				
2.	Deny  liability in  whole  or in	part and  notify Owner citing reasons	
	therefor.						
5.  If Surety does not proceed as provided in Paragraph 4 with reasonable	promptness,	
Surety  shall	be deemed  to  be in  default on	this Bond  I 5 days  after  receipt of an	
additional written notice  from Owner to Surety demanding that Surety perform its	
obligations  under  this	Bond,  and  Owner shall  be  entitled  to	enforce	any  remedy	
available to Owner.	If Surety proceeds as provided in Paragraph	4.4,  and Owner	
refuses the payment tendered or Surety has	denied liability,	in whole or in part,	
without  further  notice  Owner shall  be entitled to  enforce  any  remedy  available to	
Owner.								

6.  After Owner has terminated Contractor's right to complete the Contract, and if		
Surety	elects	to	act	under	Paragraph	4.1,	4.2,	or  4.3	above,	then	the		
												of	Contractor		
responsibilities	of Surety to Owner shall not be greater than those				
under  the  Contract,  and  the  responsibilities	of	Owner  to	Surety	shall  not	be		
		To	a limit	of	the amount of	this		
greater than those of Owner under the Contract.							
Bond, but subject to commitment by Owner of the Balance	of	the Contract Price		
to mitigation of costs and damages on the Contract, Surety is obligated without		
duplication for:															
6.1.	The	responsibilities	of Contractor for correction of defective  Work and		
	completion	of the Contract;											

6.2.	Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions or failure to act of
	Surety under Paragraph 4;	and									
6.3.	Liquidated  damages,  or	if no  liquidated	damages	are	specified	in  the	
	Contract,  actual  damages  caused	by	delayed  performance	or		non-	
	performance of Contractor.									
7.  Surety shall not be liable to Owner or others for obligations	of Contractor that are	
unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or	
set off on account of any such unrelated obligations.  No right of	action shall accrue on	
this  Bond  to  any  person  or  entity  other  than  Owner  or  its  heirs,  executors,	
administrators, or successors.										
8.  Surety hereby waives notice of any change, including changes of time, to Contract	
or to related subcontracts, purchase orders, and other obligations.						
9.  Any proceeding, legal or equitable, under this Bond may be instituted in any court	
of competent jurisdiction in the location in which the Work or part of the Work is	
located and shall be instituted within two years after Contractor	Default or within two	
years after Contractor ceased working or within two years after Surety refuses or fails	
to perform its obligations under this Bond, whichever occurs first.  If	the provisions of	
this  paragraph  are  void  or  prohibited  by  law,  the  minimum  period  of	limitation	
available to sureties as a defense in the jurisdiction of	the suit shall be	applicable.		
10.  Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address	
shown on the signature page.										
11.  When this Bond has been furnished to comply with a statutory requirement	in the	
location  where  the  Contract  was  to  be  performed,	any  provision  in	this		Bond	
conflicting with  said  statutory  requirement  shall  be  deemed  deleted  herefrom  and	
provisions conforming to  such statutory  requirement  shall be deemed incorporated	
herein.	The intent is that this Bond shall be construed	as a statutory bond and not as a	
common law bond.										
12.  Definitions.										
12. l	Balance  of the  Contract	Price:  The  total	amount	payable  by	Owner  to	
	Contractor under the Contract after all proper adjustments	have been made,	
	including allowance to Contractor of	any amounts received or to be received	
	by Owner in settlement of insurance	or other Claims for damages to		which	
	Contractor is entitled, reduced by all	valid and proper payments made to or	
	on behalf of Contractor under the Contract.								

12.2.	Contract: The agreement between Owner and Contractor identified on the
		theretoand.	changes	
signature page, including all Contract Documents			
12.3.    Contractor  Default:  Failure	of	Contractor,	which	has	neither  been	
remedied nor waived, to perform	or otherwise	to comply with the terms of	
the Contract.						
12.4.    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			

00610-1

		PAYMENTBOND		
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:	HHR East, LLC	346 East Central A venue			
	Address:				
		Winter Haven, FL 33880			
	Phone Number:	863-324-3698			
CONTRACT					
Date:					
Amount:					
Description (Name and Location):				
BOND					
Bond Number:					
Date (Not earlier than Contract Date):			
Amount:					
Modifications to this Bond Form:				
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each		
cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.		

Any action  instituted by a claimant under this		
limitation provisions in Section 255.05(2),	Florida		

bond for payment must be Statutes.

in

accordance with the notice and time

CONTRACTOR AS PRINCIPAL	SURETY		
			
Company:			

Signature:

Name and

___________ Title:

(Seal)

__________________ Surety's Name and Corporate Seal

(Seal)

(Space  is  provided  below  for  signatures	of	additional		
				
parties, ifrequired.)				
CONTRACTOR AS PRINCIPAL				
Company:					
Signature:	___________	(Seal)		
				
Name and Title:				

By:			
Signature and Title			
(Attach Power of Attorney)			
Attest:			
Signature and Title			
SURETY			
__________________	(Seal)		
			
Surety's Name and Corporate Seal			
By:			
Signature and Title			
(Attach Power of Attorney)			

Attest:

Signature and Title:

00615-2

I.	Contractor and  Surety, jointly and  severally,	bind  themselves,	their heirs,		
executors, administrators, successors, and assigns to Owner to filQ!1llilly	pay for		
labor,	materials,  and  equipment  furnished	by	Claimants  for	use	in	the		
			herein by reference.				
performance of the Contract, which is incorporated					
							
2.	With respect to Owner, this obligation shall be null and void if Contractor:	due		
	2. l.	Promptly  makes  payment,  directly  or	indirectly,	for  all  sums			
									
		Claimants, and								

2.2.	Defends, indemnifies, and holds harmless Owner from all claims demands, liens, or suits alleging non-payment by Contractor by an; person or entity who furnished labor, materials, or equipment for use in
the 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.										
FOR INFORMATION ONLY -  Name, Address and Telephone				
Surety Agency or Broker:									
Owner's Representative (engineer or other party):								

8.	Amounts owed by Owner to Contractor	under the Contract shall be used for		
										if	any,  under  any		
the  performance  of	the  Contract  and  to  satisfy  claims,				
performance bond.	By Contractor furnishing and Owner accepting  this Bond,		
they agree that all funds earned by Contractor	in the performance of the Contract		
				and Surety  under this Bond,		
are dedicated to satisfy obligations	of	Contractor			
							of the Work.			
subject to Owner's priority to use the funds for the completion				
								
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.							
l 0.	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		
						of one year from the date	(I)		
part of the Work is located or after the expiration				
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(!)	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		
					receipt	of notice  by		Surety,		
addresses  shown  on	the	signature	page.		Actual						
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		
	be	deemed		deleted		
Bond  conflicting  with	said	statutory	requirement	shall						
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		
		copy	of	this Bond or shall		
of	this Bond, Contractor shall  promptly  furnish	a					
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		
			the  performance	of	the		
	labor,  materials,  or  equipment  for  use	in					
	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.

006 l 5-3

This document has important legal consequences; co nsultation with an attorney is encouraged with respect to its use or modification. This docu ment should be adapted to theap rticular circumstances of th e co ntemplated Project and eth controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

EJCDC:...:

ENG INEERS JOINT CONTRACT

DOCUMENTS COMMITTEE

Issued and Published   Jointly by

ACEC

A 1\lllll C,\N C OUNCI L 01· ENGI Nm11t1 NC: CO,\ l l'Al'l ll!s

ASCE
/IMERICAN SOCIETY Of CIVIL ENGINffRS

A  National Society of
9'Professional Engineers ®

F.JCDC®  C-700 (Rev. I), StAn1lnl'd Ccncrnl Condilio11s of the Coustl'llclion Contrnct.

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, Stipu lated Sum, or C-525, Cost-Plus, 2013 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

io prepare supplementary conditions t hat are coordinated with the General Conditions, use EJCDC's Guide to the Preparation of Supplementary Conditions (EJCD C1111 C-800, 2013 Edition). The full EJCDC Construction serles of documents is discussed in the Commentary on th e Z013 EJCDC Construction Documents (EJCDC® C-001, 2013 Edition).

Copyright ©  2013:

National Society of Profess ional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

Am erican 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 co pyright for this document is owned jointly by th e three sponsoring organizations listed above. The National Society of Professionc1I Engineers Is the Copyright Administrator for t he EJCDC documents; please dlrect all inquiries rega rding EJCDC copyrights to NSPE.

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

organizations above.

EJ COC®  C-700 (Rev. I), Stn 11dnl'd C rncml Co11diiio11s of lhc Co11s lt'uctio11c Co ulrn  l.

Copyright ~ 2.013 National Society of Professional Engineers, American Council of Engineeir ng Companies, and Amcric.in Society of Civil Engineers. All rights resi:rved.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

ARTICLE

1 -

TABLE OF CONTENTS
Page

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:

PHASE

1 Clearing, Grading, and Infrastructure	1

ARTICLE

3 -

ENGINEER

....................................................................................................................	1		

3.01	The	
Engineering	

part of the Project that pertains to the Work has & Surveying Corporation, 8515 Palm River Road,

been designed by Landmark

Tampa, Florida 33619	1

3.02	The Owner has retained Dennis Wood Engineering, LLC ("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 4.02 4.02 4.03

Time of the Essence	1

Contract Times· Dates	1

Contract Times: Days	1

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 6.02 6.03

Submittal and Processing of Payments	..................................................................................		
			
Progress Payments; Retainage ...............................................................................................		
Final Payment .........................................................................................................................			

3 3 4

ARTICLE

7 -

INTEREST

.....................................................................................................................	4		

7

.01

All

amounts

not

paid when due shall

bear

interest

at

the

rate

of

__•

percent

per

a-n-A-U-m.

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'SREPRESENTATIONS

........................................................................... 4

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

4

EJCDC®

Copyright©  2013

C-700 (Rev. 1), Standard General Conditions	of the Construction Contract.	
National Society of Professional Engineers, American Council of Engineering Companies,	
and American Society of Civil Engineers.  All rights reserved.   Page i	

ARTICLE

9 -

CONTRACT

DOCUMENTS	5

9.01	Contents	5

ARTICLE

10

-  MISCELLANEOUS	6

10.01 10.02 10.03 10.04 10.05 10.06

Terms	6

Assignment of Contract	6

Successors and Assigns	7

Severability	7

Contractor'sCertifications	7

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 2.02 2.03 2.04 2.05 2.06

Delivery of Bonds and Evidence of Insurance	........................................................................			
Copies of Documents .............................................................................................................						
Before Starting Construction .................................................................................................						
Preconstruction Conference; Designation	of	Authorized Representatives	...........................		

Initial Acceptance of Schedules	.............................................................................................		
						
Electronic Transmittals ...........................................................................................................						

6 6 7 7 7 8

ARTICLE

3 -

Documents:

Intent,

Requirements, Reuse	8

3.01 3.02 3.03 3.04 3.05

lntent	8

Reference Standards	8

Reporting and Resolving Discrepancies	9

Requirements of the Contract Documents	10

Reuse of Documents	10

ARTICLE

4 -

Commencement

and

Progress

of

the

Work

.............................................................

11

4.01 4.02 4.03 4.04 4.05

Commencement	of Contract Times; Notice to Proceed	...................................................... 11		
					
Starting the Work			11		
.................................................................................................................					
Reference Points				11		
	..................................................................................................................					
Progress Schedule			11		
................................................................................................................					
Delays in Contractor'sProgress	...........................................................................................	11		

ARTICLE

5 -Availability

of

Lands; Subsurface and Physical Conditions;

Hazardous

Environmental

Conditions	13

5.01

Availability

of

Lands	13

EJCDC®

Copyright©  2013

C-700 (Rev. 1), StandardConditionsGeneral	of the Construction Contract.	
National Society of Professional Engineers, American Council of Engineering Companies,	
and American Society of Civil Engineers.	All rights reserved.	Page ii	

5.02 5.03 5.04 5.05 5.06

Use of Site and Other Areas .................................................................................................			
Subsurface and Physical Conditions .....................................................................................		
Differing Subsurface or Physical	Conditions ........................................................................		
			
Underground Facilities .........................................................................................................			
Hazardous Environmental Conditions at Site ......................................................................		

13 14 15 17 19

ARTICLE

6 -	Bonds and Insurance	21		
	.................................................................................................			

6.01 6.02 6.03 6.04 6.05 6.06 6.07

Performance, Payment, and Other Bonds ...........................................................................	21		
Insurance-General Provisions	............................................................................................	21		

Contractor'slnsurance				23		
.........................................................................................................						
Owner'sLiability Insurance				25		
	..................................................................................................					
Property Insurance				25		
...............................................................................................................						
V,/aiver of Rights				27		
...................................................................................................................						
Receipt and Application of	Property	Insurance Proceeds ...................................................	28		

ARTICLE

7 -

Contractor'sResponsibilities

....................................................................................	28		

7.01 7 .02 7.03 7 .04 7 .05 7.06 7.07 7.08 7.09 7.10 7 .11 7.12 7 .13 7.14 7.15 7.16 7.17 7.18 7.19

Supervision and Superintendence	28

La bar; Working Hou rs	29

Services, Materials, and Equipment	29

"Or Equa Is"	29

Substitutes	30

Concerning Subcontractors, Suppliers, and Others	32

Patent Fees and Royalties	33

Permits	34

Taxes	34

Laws and Regulations	34

Record Documents	35

Safety and Protection	35

Safety Representative	36

Hazard Communication Programs	36

Emergencies	36

Shop Drawings, Samples, and Other Submittals	37

Contractor'sGeneral Warranty and Guarantee	39

Indemnification	40

Delegation of Professional Design Services	41

ARTICLE

8 -

Other

Work

at

the

Site	42

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8.01 8.02 8.03

Other Work	42

Coordination	42

Legal Relationships	43

ARTICLE

9 -	Owner'sResponsibilities ...........................................................................................	44		

9.01	Communications	to Contractor	44		
		............................................................................................			
							
9.02	Replacement of Engineer	.....................................................................................................	44		

9.03	Furnish Data				44		
	.........................................................................................................................						
9.04	Pay When Due				44		
	......................................................................................................................						
9.05	Lands and Easements;	Reports, Tests, and Drawings .......................................................... 44		
						
9.06	Insurance				44		
	..............................................................................................................................						
9.07	Change Orders				44		
	......................................................................................................................						
9.08	Inspections, Tests, and Approvals	44		
	........................................................................................			

9.09	Limitations on Owner'sResponsibilities ..............................................................................	44		
				
9.10	Undisclosed Hazardous Environmental Condition ...............................................................	45		
				
9.11	Evidence of Financial	Arrangements	45		
		....................................................................................			
					
9.12	Safety Programs ...................................................................................................................	45		

ARTICLE

10 -	Engineer'sStatus During Construction	45		
	...................................................................			

10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09

Owner'sRepresentative	45

Visits to Site	45

Project Representative	45

Rejecting Defective Work	46

Shop Drawings, Change Orders and Payments	46

Determinations for Unit Price Work	46

Decisions on Requirements of Contract Documents and Acceptability of Work	46

Limitations on Engineer'sAuthority and Responsibilities	46

Compliance with Safety Program	47

ARTICLE

11-Amending

the

Contract

Documents; Changes

in

the

Work

....................................

47

11.01   Amending and Supplementing Contract Documents	47

11.02 11.03 11.04 11.05 11.06 11.07

Owner-Authorized Changes	in the Work	48		
	.............................................................................			
				
Unauthorized Changes in the Work	48		
.....................................................................................			
Change of Contract Price		48		
.....................................................................................................				
Change of Contract Times ....................................................................................................	49		
			
Change Proposals		49		
.................................................................................................................				
Execution of Change Orders	.................................................................................................	50		

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11.08

Notification

to

Surety	51

ARTICLE

12 -	Claims	51		
	......................................................................................................................			

12.01   Claims	51

ARTICLE

13 -

Cost

of

the

Work;

Allowances;

Unit

Price

Work

..................................................... 52

13.01 13.02 13.03

Cost of the Work	52

Allowances	55

Unit Price Work	55

ARTICLE

14

-Tests

and Inspections; Correction,

Removal

or

Acceptance

of

Defective

Work

.... 56

14.01 14.02 14.03 14.04 14.05 14.06 14.07

Access to Work .....................................................................................................................		
Tests, Inspections, and Approvals ........................................................................................	
Defective Work.....................................................................................................................		
Acceptance of Defective Work	.............................................................................................	
Uncovering Work .................................................................................................................		
Owner May Stop the Work ..................................................................................................		
Owner May Correct Defective	Work ....................................................................................	

56 56 57 57 58 58 58

ARTICLE

15 -

Payments

to

Contractor; Set-Offs; Completion; Correction Period	59

15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08

Progress Payments ...............................................................................................................

Contractor'sWarranty of Title .............................................................................................

Substantial Completion ........................................................................................................

Partial Use or Occupancy .....................................................................................................

Final Inspection ....................................................................................................................

Final Payment .......................................................................................................................

Waiver of Claims ..................................................................................................................

Correction Period .................................................................................................................

59 62 63 64 64 64 66 66

ARTICLE

16 -

Suspension

of Work

and

Termination

.................................................................... 67

16.01 16.02 16.03 16.04

Owner May Suspend Work	67

Owner May Terminate for Cause	67

Owner May Terminate For Convenience	68

Contractor May Stop Work or Terminate	69

ARTICLE

17 -

Final

Resolution

of

Disputes	69

17.01   Methods and Procedures	69

ARTICLE

18 -	Miscellaneous	70		
	.........................................................................................................			

18.01   Giving Notice	70

18.02

Computation

of

Times	70

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18.03 18.04 18.05 18.06 18.07 18.08 18.09

Cumulative Remedies	70

Limitation of Damages	70

No Waiver	71

Survival of Obligations	71

Controlling Law	71

Headings	71

Sovereign Immunity	71

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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'ssingular and plural forms, will have	the	meaning		
														to terms specifically defined, terms	with initial		
	indicated in the	definitions below.	In	addition				
	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	Engineer, and		
		the Contract Price and Contract		Times, identifies the		parties 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		
													is required by the		
		which is to	be	accompanied by such supporting documentation		as				
		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		
								the Contract Price or		
		an addition, deletion,	or	revision in	the	Work or an adjustment in			
		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		
														
														an adjustment in Contract	Price		
		the procedural requirements set		forth herein, seeking				
							the		
		or Contract Times,	or	both; contesting	an	initial decision	by Engineer concerning			
		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		
							an	adjustment		
		compliance with	the procedural requirements set forth		herein: seeking				
		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		
																								declined	to		
		Proposal;  seeking		resolution	of		a		contractual  issue	that	Engineer  has				
																																
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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 Contractor concerning

and integrated written contract between the Work.

the

Owner  and

13.

Contract Documents-Those comprise the Contract.

items

so

designated

in

the

Agreement,

and which

together

14.

Contract Price-The money that the Work in accordance with the

Owner has agreed to pay Contract Documents.

Contractor

for

completion of

15.

Contract Times-The number Milestones, if any; (b) achieve

of days or the dates by which Substantial Completion; and

Contractor shall: (c) complete the

(a) achieve Work.

16.

Contractor-The

of the Work.

individual

or

entity

with

which

Owner

has

contracted

for

performance

17. 18.

Cost of the Work-See Paragraph 13.01 for	definition.			
Drawings-The  part of the	Contract that	graphically	shows the scope, extent,  and		
					
character of the Work to be	performed by Contractor.			

19.

Effective Date of the Contract-The Contract becomes effective.

date, indicated

in

the

Agreement, on which

the

20.

Engineer-The

individual

or

entity

named

as

such

in

the

Agreement.

21.

Field Order-A

Work but does

written order issued by not change the Contract

Engineer which requires minor changes Price or the Contract Times.

in

the

22. Hazardous Environmental Concern in such quantities property exposed thereto.

Condition-The presence or circumstances that may The presence at the Site of

at the Site of Constituents present a danger to persons materials that are necessary

of or for

the execution

of

the

Work,

or

that

are

to

be

incorporated

in

the

Work,

and

that

are

controlled and contained

pursuant

to

industry practices,

Laws

and

Regulations,

and

the

requirements

of

the

Contract,

does

not

establish a Hazardous Environmental Condition.

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23.

24.

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,		
			where		
authorities, and courts having jurisdiction.	Such definitions shall further include,			
					
		any applicable permits and/or		other		
the context reasonably allows, compliance with					
similar approvals issued by governmental bodies, agencies, and authorities.				
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	
Contractor to	achieve  by	an  intermediate completion  date	or	by	a time	
Substantial Completion of	all the Work.				

requires prior to

26.

Notice of

the Bid.

Award

-

The

written

notice

by

Owner

to

a Bidder

of

Owner'sacceptance

of

27.

Notice to Proceed-A	written	
on which the Contract Times	
to perform the Work.		

notice by Owner or Engineer will commence to run and on

to Contractor fixing the which Contractor shall

date start

28.

Owner-The individual	or entity	with	
Work,  and which  has		agreed to	pay	
pursuant to the terms	of the Contract.	

which Contractor has contracted Contractor for the performance

regarding the of the Work,

29.

Progress Schedule-A schedule,	prepared and maintained by Contractor,		
			
sequence and duration of the activities comprising the Contractor'splan		
the Work within the Contract Times.		

describing the to accomplish

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		
							bound in one		
	Conditions, and Specifications.	The contents of the Project Manual may be			
								
	or more volumes.								

32.

Resident to assist or "RPR"

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

33.  Samples-Physical  examples	of  materials,		
			
representative of some portion of the Work		
such portion of the Work will	be judged.		

equipment,  or

and that establish

workmanship the standards

that	are	
by which	

34.

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

Contractor,  of

the submittals

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35.

Schedule	of Values-A schedule,	prepared and		
					
portions	of the Contract Price to various	portions		
				
reviewing Contractor'sApplications for Payment.		

maintained of the Work

by Contractor, allocating and used as the basis for

36.

Shop  Drawings-All  drawings,	diagrams, illustrations,	schedules,	and other	data  or		
								
				for Contractor	and		
information that are specifically  prepared  or assembled  by	or				
					
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 upon which the Work is to be such other lands furnished by

in the Contract Documents as being performed, including rights-of-way Owner which are designated for the

furnished by Owner and easements, and use of Contractor.

38.

Specifications- The  part of	the  Contract	
materials, equipment, systems, standards,	
and  certain  administrative	requirements	
Work.		

that and and

consists  of	written	requirements	for		
					
workmanship as applied to the	Work,		
procedural	matters	applicable	to	the		

39.

Subcontractor-An	individual	or		
				
any other Subcontractor for the		

entity having performance

a of

direct a part

contract with of the Work.

Contractor

or

with

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		
	that		
thereof) is sufficiently complete, in accordance with the Contract Documents,	so			
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 makes an award of contract, subject to stated

Owner accepts, conditions.

and

to

which

the Owner

42.

Supplementary Conditions-The

General Conditions.

part

of the

Contract

that

amends

or

supplements these

43.	Supplier-A  manufacturer,	fabricator,  supplier,		
				
	having a direct contract with Contractor or with		
	or equipment to be incorporated in the Work by		

distributor,  materialman,  or	vendor	
any Subcontractor to furnish materials	
Contractor or a Subcontractor.		

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

45.

Underground  Facilities-All	underground	pipelines,  conduits,  ducts,  cables,  wires,		
				and  any		
manholes, vaults,  tanks, tunnels,	or	other such	facilities  or attachments,			
						
					but not limited to those that convey		
encasements containing such facilities,	including			

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1.02

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

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E.

F.

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

Furnish, Install,	Perform, Provide:											
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		
						use.			
	said services, materials, or equipment complete and ready for	intended				
								
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

2.02

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		
						each named		
														
	the Agreement to Owner, Contractor shall also deliver to Owner, with copies to			
	insured and additional insured	(as identified in the Supplementary Conditions or	elsewhere in		
									to be	provided by		
	the Contract), the certificates and other	evidence of insurance required				
	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		
										(as identified in the		
	Contractor, with	copies	to	each named	insured and additional insured			
											
									other evidence	of	insurance		
	Supplementary Conditions	or	otherwise),	the certificates and					
	required to be provided	by	Owner under Article	6.							
Copies of Documents																
A.	Owner shall furnish to	Contractor four		printed	copies of the	Contract	(including one fully		
									document		
	executed counterpart	of the	Agreement),	and	one copy in electronic portable			
								
				will  be  furnished  upon  request  at	the  cost  of		
	format	(PDF).  Additional  printed  copies				
	reproduction.																

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2.03

B.	Owner shall  maintain  and safeguard	at least one original  printed	record version	of	the		
								
					by Engineer and	other		
	Contract, including Drawings	and Specifications signed and	sealed				
									
	design professionals.  Owner shall make such original	printed record version of the Contract		
					under	this		
	available to	Contractor for	review.  Owner may  delegate	the  responsibilities				
									
	provision to	Engineer.										

	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;							

2.04

2.05

2.	a preliminary Schedule ofSubmittals;	and				
						
3.	a preliminary Schedule of Values for all ofthe 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'sbid.						

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		
												under		
	to act as its authorized representative with respect to the services and responsibilities			
							
	the Contract.  Such individuals shall have the authority to transmit	and receive information,		
							party.		
	render decisions relative to the Contract, and otherwise act on behalf of each respective			
							
Initial Acceptance of Schedules																					
A.	At least 10 days before submission of the first Application for Payment	a conference, attended		
									to		
	by Contractor, Engineer, and others as	appropriate, will be held to review for acceptability			
					
	Engineer as provided below the	schedules submitted in accordance	with Paragraph	2.03.A.		
								to		
	Contractor shall have an additional 10 days to make corrections	and adjustments and			
	complete and resubmit the schedules. No progress payment shall be made to Contractor	until		
						
	acceptable schedules are submitted	to	Engineer.															
																				
	1.	The  Progress  Schedule  will	be	acceptable  to	Engineer	if	it		provides  an	orderly		
		progression of the Work to completion within the	Contract Times.	Such acceptance	will		
								
		not  impose  on  Engineer responsibility for	the	Progress	Schedule,  for sequencing,		
		scheduling, or progress of	the	Work, nor interfere	with	or	relieve Contractor	from		
		Contractor'sfull responsibility therefor.															
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2.06

	2.	Contractor'sSchedule of Submittals will  be acceptable to Engineer if it provides a	
		workable arrangement for reviewing and processing the required submittals.	
	3.	Contractor'sSchedule 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'sbid.		
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'suse	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.					

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		
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3.03

		standard	specification,  manual,	reference	standard, code, or Laws  or Regulations	in		
								
									Effective Date of the Contract	if there		
		effect at	the time of opening of	Bids	(or on	the				
		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,		
								the duties or responsibilities		
		or any instruction of a Supplier, shall be effective to change			
		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		
						undertake	responsibility		
		performance  of	the	Work	or	any	duty	or	authority	to						
		inconsistent with	the	provisions of	the part of the Contract Documents prepared by or		
		for Engineer.																														
Reporting and Resolving Discrepancies																											
A.	Reporting Discrepancies:																													
	1.	Contractor's Verification of	Figures	and Field	Measurements:	Before undertaking each		
										and check		
		part of the	Work, Contractor shall carefully study	the	Contract Documents,			
						respect		to		
		and  verify	pertinent  figures  and	dimensions		therein,	particularly  with					
																writing to	Engineer		
		applicable field measurements. Contractor	shall promptly report in				
					that Contractor discovers, or has actual		
		any conflict, error, ambiguity, or discrepancy			
																			conflict,		
		knowledge of, and shall not proceed with any Work affected thereby until the			
		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		
						(a)	any applicable Law		
		Contract Documents, or between the Contract Documents and				
		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		
													Contract Documents issued		
		by Engineer, or by an amendment or supplement to	the			
		pursuant to Paragraph 11.01.																											
	3.	Contractor shall not	be liable to Owner or Engineer for failure	to	report any conflict,		
		error,  ambiguity,  or discrepancy	in	the	Contract  Documents	unless  Contractor	had		
															
		actual knowledge thereof.																												
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 orfor Engineer shall take		
		precedence in  resolving any conflict, error, ambiguity,	or discrepancy between such		
																	
		provisions of the Contract Documents and:																							
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3.04

	a.		the provisions of any standard	specification, manual, reference	standard,	or	code,		
														
															incorporated	by		
			or	the instruction of any Supplier	(whether	or not	specifically				
																
			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)	.														
																					
Requirements of the Contract	Documents																				
																											
A.	During	the performance		of the	Work and until final payment,	Contractor and Owner shall		
											the Contract		
	submit	to the Engineer all matters	in question concerning the requirements of			
	Documents (sometimes	referred		to as requests for information		or interpretation-RFls),	or		
																				as soon	as	possible		
	relating	to the acceptability of	the	Work	under	the Contract Documents,					
	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		
							
				supplement to	the Contract		
	decision on the issue submitted,	or initiate an	amendment or				
										or	decision	will	be final  and		
	Documents.  Engineer's	written			clarification,	interpretation,							
														a Change Proposal, and on Owner,		
	binding on Contractor,	unless	it		appeals by submitting			

	unless it appeals by filing a Claim.																						
C.	If a submitted matter	in question concerns terms	and conditions of the Contract	Documents		
										
												the Contract		
																		the Work	under			
	that do	not	involve {1) the performance or acceptability of					
	Documents,	{2) the design	(as	set	forth in the Drawings, Specifications,	or	otherwise),	or	{3)		
									to		
	other engineering or	technical		matters, then Engineer	will promptly give	written	notice			
																				
																						If Owner		
	Owner and Contractor that	Engineer is unable to provide a decision or interpretation.			
	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,		
						prepared  by or	bearing the seal of		
		or other	documents (or copies of any	thereof)				
		Engineer	or its consultants,	including	electronic	media	editions,		or reuse any such		
													
					documents, or copies thereof on  extensions	of the		
		Drawings,	Specifications,	other				
													and Engineer and specific		
		Project or	any other project without written consent of Owner			
		written verification or adaptation by Engineer; or									
	2.	have or acquire any	title	or	ownership rights in any	other Contract	Documents, reuse		
								written		
		any  such	Contract	Documents	for  any  purpose  without  Owner's express			
												Documents.			
		consent, or violate any copyrights pertaining to	such Contract				
									
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.														

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ARTICLE 4 -

COMMENCEMENT

AND

PROGRESS

OF THE

WORK

4.01

4.02

4.03

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.	In	no event will the Contract Times commence to run later than the si>ctieth	day after		
	the day of Bid opening or the thirtieth day after the Effective Date	of the Contract,	whichever		
							
	date is earlier.													
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.								
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		
						
					approval of Owner. Contractor shall report	to	Engineer		
	relocations	without the prior	written					
	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		
					the		
		2.05) proposed adjustments in the Progress Schedule that will not result in changing			
					
		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		
						any		
	disagreements with Owner. No	Work shall be	delayed or	postponed pending resolution of			
	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		
						entitlement to		
	equitable adjustment in the Contract	Times and Contract Price. Contractor's		
			conditioned on such adjustment being essential to		
	an adjustment of the Contract Times	is			
	Contractor'sability to complete the Work within the Contract	Times.  The Landowner, in its		
				
	sole and absolute discretion, may additionally	direct that the Project be delivered in multiple		

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B.

C.

phases rather than all at once. Such option, if exercised, shall in	no way impact the	pricing of		
the	Project, nor constitute a delay.													
Contractor shall not be entitled	to	an adjustment in Contract Price or Contract	Times for delay,		
							
					by or within the control of Contractor. Delay, disruption,		
disruption, or interference caused				
				control	of a Subcontractor or Supplier shall be		
and interference attributable to and within	the				
										
deemed to	be within the control	of Contractor.										
																
If  Contractor's	performance  or		progress	is	delayed,  disrupted,	or  interfered	with	by		
unanticipated causes not the fault of and beyond the control of Owner, Contractor,	and those		
				
for which they are responsible, then Contractor shall be entitled to an equitable adjustment		
in	Contract	Times.  Contractor's		entitlement	to	an	adjustment  of	the  Contract	Times  is		
											ability to complete	the Work		
conditioned on such adjustment being essential to Contractor's				
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		
							an adjustment	in Contract Times under		
delay, disruption, or interference		that may give rise to				

this paragraph include but are not limited toonly the following:							
1.	severe  and  unavoidable	natural  catastrophes  such  as  fires,	floods,  epidemics,	and		
																	
	earthquakes;																

D.

E.

F.

caused G.

H.

2.	abnormal '#eather conditions;																					
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.																									
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		
					Contractbythe				Documents, or not shown or indicated	with		
that was not shown or indicated																							
reasonable  accuracy,  and  those  resulting from  Hazardous  Environmental  Conditions,  are		
governed by Article 5.																									
Paragraph 8.03 governs delays,		disruption, and interference to the performance		or progress		
			to	the	Site.		
							of certain other work at or adjacent					
of the Work resulting from the	performance						

					to	an							Times	Contract					for any		
Contractor shall not be entitled			adjustment in Contract Price or								or		
									is  concurrent with	a delay,  disruption,			
delay,  disruption,	or	interference	if		such  delay					
										
							of Contractor.														
interference	by or within	the	control																
																						
Contractor must submit any Change	Proposal seeking	an	adjustment	in  Contract	Price or		
						of the delaying,		
	within 30 days of	the	commencement			
Contract Times under this paragraph						

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

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professionals and resulting from:

all court

or

arbitration

or

other

dispute resolution

costs,

arising

out

of

or

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		
fires, floods, epidemics, abnormal	weather conditions, acts	of God, or acts or		
				
utility owners or other contractors performing other work;			

limited to, neglect by

3.	Nor shall Owner or	Engineer	of each of them be	liable	to Contractor	for any claims, costs,		
							any other project		
	losses or damages sustained by Contractor on	or in connection	with			
	or anticipated project.															
Nothing in this paragraph bars a change	in Contract Price	to compensate Contractor due to		
							inactions of	Owner or		
delay,	interference, or disruption	directly attributable to	actions 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		
													it may		
that it may suffer by reason of delay or for any Act of God, and waives all damages that			
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		
											from	any	cause		
Contractor as	compensation  for damages for any delays	or	hindrances					
whatsoever in the progressWork,ofthe		whether such delay is	avoidable or unavoidable.		

ARTICLE 5-AVAILABILITY OF ENVIRONMENTAL CONDITIONS

LANDS;	SUBSURFACE

AND

PHYSICAL	CONDITIONS;   HAZARDOUS

5.01

5.02

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		
	Contractorin must comply	performing	the Work.													
																
B.	Upon reasonable	written	request, Owner shall furnish Contractor	v,·ithcurrenta	statement of		
											
														improvements are		
	record legal title	and legal description ofthe lands upon which permanent			
			filing a mechanic's		
	to be made and 0 1.vner'sinterest therein as necessary	forgiving	notice	of or			
	or construction lien against such lands in accordance	with applicable La Ns	and Regulations.		
															1					
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.					
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		
					construction		
		unreasonably encumber the Site and  such	other	adjacent  areas	with			
		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'soperations; (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;		
																	
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5.03

		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		
										take		
		Contractor	or	those	for	which  Contractor		is  responsible,  Contractor	shall		(a)			
		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 and Engineer, and the officers, directors, members, partners, employees,		
		agents, consultants and subcontractors	of each and any of them from and against any		
																	but	not		
		such claim, and against all liabilities, costs, losses, and damages (including				
							other		
		limited  to		all	fees	and  charges	of		engineers,  architects,  attorneys,  and					
		professionals and all court	or arbitration or other dispute resolution costs) arising	out	of		
		or relating	to	any claim		or action,	legal	or	equitable, brought by any such	owner	or		
													
		occupant against Owner,	Engineer,	or	any	other	party indemnified hereunder		to	the		

														upon, Contractor's		
		extent caused directly or indirectly, in whole	or in part by,	or based			
							or	because	of		
		negligent, reckless or intentionally	wrongful	performance	of	the Work,					
		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,		
						Laws and Regulations.																		
	and	other	debris shall conform to applicable																			
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		
					equipment		
	shall remove from	the Site and adjacent	areas all tools, appliances,	construction			
																				
									to original condition all property	not		
	and machinery, and surplus materials and shall restore				

	designated for alteration by the	Contract Documents.																				
D.	Loading of Structures:		Contractor shall not	load nor permit any part of any structure	to	be		
							part		
	loaded in any manner		that will endanger	the	structure,	nor shall Contractor subject any			
	of the Work or adjacent structures or land to	stresses or pressures that will endanger		them.		
											
Subsurface and Physical	Conditions																											
																																	
A.	Reports and Drawings:	The Supplementary Conditions identify:																			
																																
	1.	tihose reports known to	Owner of explorations and tests of subsurface conditions	at or		
								
		adjacent to	the Site and	from which the Engineer prepared the Contract	Drawings and		
																	
		Specifications;																																	
	2.	tihose drawings known	to Owner of physical conditions relating to existing surface	or		
						
		subsurface structures at	the Site (except	Underground Facilitiest),	and from	which the		

		Engineer prepared the Contract Drawings and Specifications; and																
	3.	Technical Data contained	in such reports and drawings.																			

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Page xiv

5.04

B.	No	Reliance by Contractor on	Technical Data	Authorized: Contractor may not rely upon	the		
	accuracy of the  Technical  Data  expressly  identified  in  this  Agreement or Supplementary		
	Conditions with respect to	such reports and drawings.  Instead, while	the		Technical Data is		
	believed to be reliable, the	Technical Data was prepared for	the Landowner's benefit by third		
	parties and accordingly, the	Landowner cannot guarantee the quantity,	quality, completeness		
	or accuracy of that	information.,	but such reports and drawings are not Contract Documents.		
														mav rely upon the accuracy		
	If no such e><press	identification	has been made, then Contractor			
								or environmental		
				in Article 1) contained in any geotechnical			
	of the Technical Data (as defined				
				for such reliance		
														.. Eiccept			
	report prepared for the Project	and made available to Contractor				
											Owner or		
																									
	on	Technical  Data,  Contractor  may  not  rely  upon  or  make  any  claim  against			
						
	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		
					means,  methods,  techniques,	sequences,	and		
		not	limited	to,  any		aspects			of	the					
																	and		
													by Contractor, and safety precautions			
		procedures of construction to be employed				

		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		
				opinions, or information.													
		such other data, interpretations,														
																						
	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, mayetc. that				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 withtheand			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 preliminaiy to and during	the prosecuting of	the Work.	Contractor further		
													
							compensation for all the Work,		
	warrants that the Contract Price		is just and reasonable			
												in		connection		
	including all foreseen and	unforeseen risks,  hazards,  and difficulties					
	therewith, including any concealed	conditions encountered	in the performance of the		
			at variance with conditions indicated by the		
	Work below the surface	of	the ground			
	Contract Documents or other Bidding Documents and Bidding Requirements furnished		
	to the Contractor for its information.																			
Differing Subsurface or Physical Conditions																			
A.	Notice by Contractor: If Contractor believes that	any subsurface or physical condition that is		
	uncovered or revealed at the	Site either:																			
	1.	is of such a nature as	to	establish	that	anv Technical Data on	i.vhich Contractor is entitled		
		to	rely as provided in Paragraph 5.03	is	materially inaccurate; or											
	2.	is of such a nature as	to require a change in the Drawings or Specifications;		or			
								
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B.

C.

D.

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		
							or	perform		
writing about such condition. Contractor shall not	further	disturb such condition				
any Work in connection	therewith (except	with respect	to	an emergency) until receipt of a		
written statement permitting Contractor to	do	so.																							
Engineer's Review: After	receipt	of written	notice	as	required by	the	preceding paragraph,		
Engineer	will promptly review	the subsurface	or	physical condition in question; determine the		
necessity	of Owner'sobtaining 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'sresumption		of		
Contractor; prepare recommendations	to Owner regarding	the					
							
				physical condition in question and	the	need for		
Work in connection with	the	subsurface		or					
any change in the	Drawings	or	Specifications; and advise Owner in	writing		of	Engineer's		
findings, conclusions, and recommendations.																									
Owner's Statement to Contractor Regarding Site Condition:															written		
	After receipt of Engineer's		to		
findings,	conclusions,	and		recommendations,	Owner	shall	issue	a	written		statement				
																			condition		in		
Contractor (with  a copy	to	Engineer)		regarding	the	subsurface	or	physical					
												indicating		
question, addressing the	resumption of	Work in connection	with	such condition,			
						rejecting		
whether	any change in the Drawings	or	Specifications will	be	made, and adopting	or			
Engineer'swritten	findings, conclusions, and recommendations, in whole or in part.						
Possible Price 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'scost of, or	time required for, performance of the	Work; subject,		
	however,	to	the	following:																																
	a.	such condition must fall within any one or	more	of the categories	described in		
													
		Paragraph 5.04.A;																																	
	b.	with	respect to	Work that	is		paid for	on	a unit	price	basis, any adjustment	in		
														
		Contract Price	will	be	subject to the provisions	of	Paragraph 13.03; and,							
	c.	Contractor'sentitlement 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		
									the		
		commitment to	Owner	with	respect	to	Contract Price and Contract Times by			
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5.05

		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'smaking 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'sentitlement 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  of the  Owner's written  statement  to	Contractor		

regarding the subsurface or physical	condition in question.		

Underground	Facilities											
A.	Contractor's Responsibilities: The	information	and data shown or	indicated in the Contract		
	Documents with respect to existing Underground Facilities at or adjacent to the Site, if any, is		
	based	on	information and  data furnished	to	Owner or	Engineer by	the owners of such		
	Underground  Facilities,  including	Owner,	or	by	others.	Unless	it is	otheri.vise  expressly		
												
	provided in the Supplementary Conditions:									
	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.					
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.												

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

C.

D.

E.

Engineer's Review:  Engineer		will promptly review the Underground Facility and conclude		
																					in the Contract Documents,		
whether	such Underground Facility was not	shown	or indicated			
						any		pertinent	cost	or		
or was  not shown  or indicated		with		reasonable	accuracy; obtain							
schedule	information	from		Contractor;	prepare recommendations	to Owner regarding the		
																				
											the Underground Facility in	question;		
Contractor'sresumption	of		Work	in	connection	with				
																		is required in the Drawings or Specifications		
determine the	extent,	if	any,		to		which a change			
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		
																						and		
													Contractor shall be responsible		for the	safety			
recommendations.  During such		time,								
																
protection of such Underground	Facility.																								
																																
Owner's Statement to	Contractor	Regarding Underground		Facility: After receipt of Engineer's		
																				
														Owner shall issue a	written	statement		
written findings, conclusions,		and recommendations,					

													regarding the Underground  Facility in question,		
to	Contractor	(with a copy		to		Engineer)			
																						Facility, indicating		
addressing the resumption	of Work	in connection with such Underground			
											
																					be made, and adopting	or	rejecting		
whether	any change in the Drawings or	Specifications will					
Engineer'swritten findings,	conclusions, and recommendations	in whole		or in part.						

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																				cost of,	or	time required	for, performance of	the		
		or decrease in Contractor's																							
	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'sentitlement	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.															
																												
																													entitlement		to and	the amount		
2.	If Owner and Contractor	agree regarding Contractor's																
																													then		any		
	or	extent	of any adjustment in the Contract Price or Contract Times, or both,					
	such adjustment shall	be	set	forth in a Change	Order.																
																								
3.	Contractor may submit	a Change Proposal regarding	its entitlement	to or the	amount	or		
							or both, no later than		
																	or Contract Times,			
	extent of	any adjustment		in	the Contract Price				
	30  days		after	Owner's	issuance  of	the	Owner's written	statement  to		Contractor		
																																					
	regarding the Underground	Facility in question.																			

EJCDC®

C-700

(Rev.

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Standard

General Conditions of the Construction Contract.

Copyright©

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rights reserved.

of Engineering Companies,

Page xviii

5.06

Hazardous Environmental Conditions	at		Site																					
																														
A.	Reports and Oravlings:	The Supplementary	Conditions identify:															
																							
	1.	those  reports and  dra·Nings known		to Owner relating	to	Hazardous	Environmental		
															
		Conditions that have been identified at or adjacent	to the Site; and										
	2.	Technical Data contained	in such reports and drawings.															
																																	
B.	Reliance by	Contractor	on Technical		Data Authoriz:ed: Contractor may rely upon the accuracy		
	of	the Technical Data expressly identified in the Supplementary Conditions	with	respect	to		
	such reports and dra·.vings,	but	such reports and dra·.vings are not Contract Documents. If	no		
	such e>cpress identification	has	been made, then Contractor may rely on the accuracy	of	the		
	Technical Data (as	defined in Article 1) contained in any geotechnical	or environmental	report		
						on		
	prepared	for the	Project and  made available to	Contractor.  Eiwept for such reliance				
								
	Technical Data, Contractor may not		rely upon or make any claim against O•Nner or Engineer,		
	or	any of their officers, directors,			members, partners, employees,	agents,	consultants,	or		

	subcontractors •.vith respect to:																															
	1.	the	completeness of such reports and		dra>.Nings	for Contractor'spurposes, 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 dra·.vings;	or																			
																						
	3.	any Contractor interpretation	of		or conclusion drawn from	any Technical Data	or	any		
		such other 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		
											to be within	the scope of the		
	or	remediation is expressly identified in	the	Contract Documents				
	Work.																																					
D.	Contractor shall be responsible	for	controlling, containing, and duly removing	all Constituents		
				anyone else	for		
	of	Concern brought	to	the	Site by Contractor, Subcontractors, Suppliers,	or				
	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		
												as being within		
	removal or	remediation is not expressly identified in	the	Contract Documents			
	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		
						an emergency as required by Paragraph 7.15); and	(3)		
	any area affected thereby (except		in				
								thereafter confirm such notice in writing).	Owner		
	notify Owner and Engineer (and			promptly				
	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		
											
																	the	Hazardous		
	5.06.F. If Contractor or anyone for	whom		Contractor is	responsible created				
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F.

G.

H.

I.

J.

Environmental Condition in question, then Owner may remove and remediate	the	Hazardous		
											
		a						set-off against payments	to account	for the associated		
Environmental Condition, and impose																																					
costs.																																													
Contractor  shall  not		resume	Work	in	connection	with		such	Hazardous		Environmental		
																related		
Condition or in any affected area until after Owner	has	obtained any required permits			
								
																		that		such condition		
thereto, and delivered	written	notice	to	Contractor	either	(1) specifying					
and any affected area is or	has been	rendered safe for	the	resumption	of		Work,	or	(2)		
specifying any special conditions	under which such	Work may be resumed	safely.								

If Owner and Contractor cannot agree as	to entitlement	to	or on	the	amount or extent,	if any,		
of any adjustment in Contract Price or Contract Times,	or	both,	as	a result		of such Work		
stoppage or such special conditions under which Work	is	agreed to be	resumed	by Contractor,		
														
then within 30 days of			written notice regarding the	resumption	of Work, Contractor		
	Owner's																																								
may submit a Change Proposal,	or	Owner may impose a set-off.																								
																																									
If after receipt of such	written notice Contractor does	not	agree to	resume such Work	based		
on a reasonable belief	it is unsafe, or does not	agree	to resume such Work under such special		
conditions, then Owner may order the	portion	of the	Work that	is	in the	area affected	by such		
												
condition to be deleted from	the	Work, following the	contractual change procedures	in Article		
								or		
11. Owner may have such deleted portion	of the Work	performed by Owner'sown forces			
others in accordance	with Article 8.																																						
To the fullest extent	permitted	by Laws and Regulations,	Ovmer	shall indemnify and hold		
																		members,		
harmless Contractor, Subcontractors,	and Engineer,	and		the	officers,	directors,			
																						
															each and any of them	from		
partners, employees, agents, consultants,	and subcontractors	of				
																									to all fees and		
and against all claims, costs, losses, and damages	{including but	not	limited				
																								or	arbitration		
charges of engineers, architects, attorneys, and other professionals and all court				
or other dispute resolution	costs) arising	out	of	or	relating to	a Hazardous Environmental		
Condition, provided	that such		Hazardous Environmental Condition	(1)	.vas		not	shown	or		
																														1															
indicated in the	Drawings, Specifications,	or other Contract Documents, identified as	Technical		
Data entitled to	limited reliance pursuant	to Paragraph	5.06.B,	or	identified in the Contract		
Documents to	be  included	'Nithin	the	scope  of	the	Work,	and			(2)	was	not created	by		
															
Contractor anyonebyor		for whom Contractor	is responsible. Nothing in this Paragraph		5.06.1		
								
shall obligate Owner to indemnify any individual or	entity from	and against	the	consequences		
of that individual'sor entity'sown	negligence.																																		
To the fullest extent permitted by	Laws	and Regulations, Contractor	shall indemnify, defend,		
															members,		
and hold harmless lndemnitees	Owner and Engineer, and	the	officers, directors,			
																		each and any	of	them	from		
partners, employees, agents, consultants,	and subcontractors	of						
																			but	not	limited	to	all		
and against all claims, liabilities, costs, losses, and damages (including							
																	
fees and charges of engineers, architects, attorneys, and	other	professionals and all court or		
arbitration or other	dispute resolution  costs)  arising	out	of		or	relating		to		the		negligent,		
reckless, or intentionally wrongful failure	to	control, contain,	or	remove	a Constituent	of		
Concern brought to the Site by Contractor	or by anyone for	whom	Contractor	is responsible,		
or to a Hazardous Environmental	Condition created by Contractor		or	by anyone for	whom		
																						
																														Contractor	to		
Contractor  is  responsible.  Nothing	in  this  Paragraph  5.06.J  shall  obligate					
												
																								that								or		
indemnify any individual or	entity	from and against	the consequences	of											
						individual's		
entity'sown negligence.																																										
EJCDC®	C-700 (Rev. I), Standard General Conditions	of the Construction Contract.															
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K.

The provisions of Concern or

of to

Paragraphs 5.03, 5.04, and 5.05 do not a Hazardous Environmental Condition

apply to the presence of Constituents 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		
						of		
													payment of all			
	equal to the Contract Price, as	security for the faithful performance and				
	Contractor's obligations under the	Contract. These bonds shall remain in effect until ef!e 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		
							the		
			otherwise	by	Laws  or  Regulations,			
	15.08,  whichever  is	later,  except	as	provided						
											
	Supplementary Conditions, or	other specific provisions of the	Contract. Contractor	shall also		
					specific		
	furnish such other bonds as are required	by the Supplementary Conditions or	other			
	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		
															
						Circular 570 (as amended and supplemented) by the		
	Reinsuring Companies" as published	in			
								U.S. Department of the Treasury. A bond		
	Financial Management Service,	Surety Bond Branch,			
			-in-fact  must  be  accompanied	by	a certified  copy of	that		
	signed  by  an  agent or attorney						
											that	it	is		
							The  evidence of authority shall show					
	individual's authority to  bind	the	surety.						
	effective  on  the  date  the  agent	or	attorney-in-fact  signed	the		accompanying  bond.	!!!		
	addition, each bond shall be on an Owner-approved	form and the	payment bond shall contain		
						provisions and limitations		
	the following language: "This Bond	is	hereby amended so that the			
	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		
								is  located to issue bonds in	the	required		
	authorized in the jurisdiction in which	the Project					
	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		
																with	the	bond		
	such notification, provide another bond and surety, both of which shall comply					
									
	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.													
																												
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

the Supplementary Conditions.

insurance

as

required

in

this Article and in

EJCDC®

C-700 (Rev.

I),

Standard

General Conditions of the Construction Contract.

Copyright©

2013 National Society of Professional Engineers, and American Society of Civil Engineers. All

American Council

rights reserved.

of Engineering Companies,

Page xxi

B.

C.

D.

E.

F.

G.

H.

I.

J.

All  insurance  required		by	the	Contract	to  be	purchased		and	maintained	by	Owner		or		
															
																						are duly licensed or authorized,		
Contractor shall be	obtained		from	insurance companies that			
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		
	required under this Contract shall		
Conditions, all companies	that	provide insurance policies			

have an A.M. Best rating	of	A-VII	or better.																								
Contractor shall deliver	to	Owner,	with	copies to	each named	insured and additional insured		
																				
																							or elsewhere in the Contract),		
(as identified in this Article, in	the	Supplementary Conditions,			
certificates of insurance establishing	that	Contractor	has	obtained	and	is	maintaining	the		
									or		
policies, coverages, and endorsements	required	by the	Contract.		Upon request by Owner			

													of such required	insurance,		
any other	insured, Contractor shall also furnish		other	evidence				
									of		
including	but not		limited	to	copies of	policies		and endorsements,	and	documentation			
applicable self-insured	retentions	and		deductibles. Contractor	may block	out	(redact)	any		
											
										or	endorsement		
confidential  premium	or	pricing	information		contained		in	any  policy				

furnished under this provision.																														
Owner shall deliver to Contractor,	with	copies to	each named	insured and additional insured		
					elsewhere in	the	Contract),		
(as identified in this Article,		the	Supplementary Conditions,	or					
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		
															other	evidence	of such required		
Contractor or any		other	insured, Owner shall also provide					
																	and		
																			of	policies and endorsements,			
insurance	(if any),	including	but	not		limited to	copies					
													
															deductibles.  Owner may block	out		
documentation of	applicable self-insured retentions and				
(redact)  any  confidential  premium  or  pricing  information  contained  in	any  policy		or		
					
endorsement furnished under this provision.																							
Failure of	Owner	or Contractor	to demand such certificates	or	other	evidence	of the other		
party'sfull compliance	with	these	insurance requirements,	or	failure	of Owner or	Contractor		
																				
								the evidence provided, shall not	be construed	as a		
to identify a deficiency in compliance	from					
waiver of	the other party'sobligation	to obtain and maintain such insurance.								
If either party does not	purchase	or	maintain all	of the insurance required	of	such party by	the		
Contract, such party shall notify	the	other	party in writing	of	such failure to	purchase	prior to		
															to	any change in	the required		
the start	of the Work,		or	of	such failure	to maintain	prior					
coverage.																																									
If Contractor has	failed	to	obtain and maintain	required insurance, Owner	may exclude	the		
													
															payment,	and	exercise		
Contractor from	the	Site,	impose	an	appropriate set-off against					
																	
Owner'stermination	rights	under Article 16.																							
																																			
Without	prejudice to	any	other	right or remedy, if a party	has failed	to obtain required		
insurance, the other	party may elect	to obtain equivalent insurance	to	protect such other		
party'sinterests at the	expense	of the	party who was required to	provide such coverage,	and		
								
the Contract Price shall be	adjusted	accordingly.																						
																													
Owner does not	represent	that insurance coverage and limits established in	this Contract		
necessarily will be	adequate																				interests.								
		to protect Contractor or Contractor's												
The insurance and insurance	limits required herein shall		not be	deemed as	a	limitation	on		
														Owner and	other	individuals	and		
Contractor's liability	under		the indemnities granted	to							

entities in the Contract.																																				
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 of Civil Engineers.  All rights reserved.		Page	xxii												

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		
				other rights or claims.		
kind, including subrogation rights, claims for indemnification	or any			

6.03	Contractor's Insurance

A.

Workers' Compensation: Contractor employer'sliability insurance for:

shall purchase and maintain workers'compensation and

1.

2.

3.

claims under workers'compensation,	disability benefits, and	other similar	employee		

benefit acts.							
United States Longshoreman and Harbor Workers'Compensation Act and Jones Act		
coverage (if applicable).							
claims for damages because of bodily injury, occupational sickness or disease, or death		
of	Contractor's employees	(by  stop-gap  endorsement	in	monopolist  worker's		
								
compensation states).							

B.

4.	Foreign voluntary worker	compensation (if applicable}.					
											
Commercial  General  Liability	-Claims Covered:	Contractor	shall  purchase and maintain	2		
							
								all operations by	or		
minimum of $2 million in commercial	general liability insurance, covering				

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'semployees	.							

C.

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.			

Commercial General Liability-Form and Content:	Contractor'scommercial liability policy shall		
								form) and		
be	written	on a 1996 (or later)	ISO	commercial general liability form	(occurrence			
									
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.			
															
2.	Blanket contractual liability coverage, to the extent permitted by law, including but	not		
	limited to coverage of Contractor'scontractual	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		
							
	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 of Civil Engineers.  All rights reserved.   Page xxiii				

D.

E.

F.

G.

H.

I.

	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.																													
Automobile liability:	Contractor	shall purchase and maintain automobile liability insurance		
																	any person		or	property		
against claims for damages because	of	bodily injury	or death	of						
damage  arising	out	of the	ownership,  maintenance,	or		use	of		any	motor	vehicle.	The		
															
automobile liability policy shall be written on an occurrence basis.															
Umbrella or excess liability: Contractor shall purchase and maintain a	minimum	of	$3 million		
umbrella  or  excess  liability  insurance	written  over	the		underlying	employer's liability,		
								paragraphs		
commercial general liability, and		automobile liability insurance described in the				
above. Subject to	industry-standard exclusions, the coverage afforded shall follow form		as to		
each and every one	of	the	underlying	policies.																						
																												
Contractor's	pollution	liability	insurance:  Contractor shall		purchase	and maintain	a policy		
																		
																										as a result		
covering third-party	injury and property damage claims, including clean-up costs,			
of pollution conditions arising	from Contractor'soperations	and completed operations. This		
																			
insurance shall be	maintained	for		no less than three	years after final completion.									
Additional  insureds:	The	Contractor's	commercial  general  liability,  automobile  liability,		
														as additional	insureds		
umbrella or	excess, and pollution liability policies shall include and list				
								
Owner  and	Engineer,	and	any		individuals  or  entities  identified	in	the  Supplementary		
Conditions;	include	coverage	for	the	respective  officers,		directors,	members,		partners,		
																							
																					of each and any	of all		
employees, agents, consultants, staff, supervisors, and subcontractors				
			shall provide		
such additional insureds; and	the	insurance afforded	to these additional insureds			
										from		
primary coverage	for	all claims covered	thereby (including		as applicable those arising			
both ongoingoperations)andcompleted									on a non-contributory	basis. Contractor	shall obtain		

all necessary endorsements to	support	these requirements.																			
																									
Contractor's professional liability		insurance: If Contractor will	provide	or furnish professional		
																		design			services	or		
services  under	this	Contract,	through	a  delegation	of		professional							
																									applicable		
otherwise, then	Contractor shall		be	responsible for purchasing and maintaining			
											
professional liability insurance. This insurance shall provide protection against claims arising		
out of performance	of	professional design or related services, and caused by a negligent	error,		
							
omission, or act	for	which	the	insured party is legally liable.	It	shall	be	maintained	throughout		
																
the duration of the Contract and	for a minimum of two	years	after	Substantial Completion. If		
such professional design services	are	performed by a Subcontractor, and not by Contractor		
						be satisfied through the purchasing	and		
itself, then the requirements	of this paragraph may				
					
maintenance of	such insurance	by such Subcontractor.																					
																														
General provisions: The policies	of	insurance required by this Paragraph	6.03 shall:							
													
1.	include at		coverages									provided in this Article.														
		least	the specific																												
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		
	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 of Civil Engineers.  All rights reserved.		Page	xxiv															

6.04

		been given to Contractor.	Within three	days of receipt of any such written	notice,		
					insured		
		Contractor shall provide a copy of the notice to Owner, Engineer, and each	other			
		under the policy.																
	4.	remain in effect at least until final payment (and longer if expressly required	in this		
					or		
		Article) and at all times thereafter when	Contractor may be correcting, removing,			
		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'sperformance 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		
						or by anyone for whose acts any of	them		
		by any of them to perform	any	of the Work,				
		may be liable.																
J.	The coverage requirements for	specific policies of insurance must be met by such policies, and		
	not by reference to excess or umbrella insurance provided in other policies.								
Owner's Liability Insurance																
A.	In	addition to the insurance required to be provided by Contractor under	Paragraph	6.03,		
	Owner, at Owner'soption, may purchase and maintain at Owner'sexpense	Owner'sown		
					under		
	liability insurance as will protect Owner against claims which may arise from	operations			
						
	the Contract Documents.																
B.	Owner'sliability policies, if any, operate separately and independently from	policies required		
	to	be provided by Contractor,	and Contractor cannot rely upon Owner'sliability	policies	for		

	any of Contractor'sobligations to the Owner, Engineer, or third parties.									

6.05

Property Insurance																							
A.	Builder's Risk: Unless otherwise	provided in the Supplementary Conditions, Contractor shall		
															value basis, in		
	purchase and maintain builder'srisk	insurance upon the	Work on a completed			

	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,		
		staff, consultants,subcontractorsagents,				and employees, and any individuals		or entities		
									policy,		
		required by the Supplementary Conditions to be	insured under such builder'srisk			
							
		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		
					"insureds."						
		parties required to be insured shall collectively be	referred to as							
	2.	be written	on a builder'srisk "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		

		EJCDC®  C-700 (Rev. 1),	Standard General Conditions of the Construction Contract.									
	Copyright©	2013 National Society	of Professional	Engineers, American Council of Engineering Companies,						
										Page xxv										
			and American Society of Civil	Engineers.  All rights reserved.												

B.

	occasioned by enforcement	of Laws and Regulations; water damage (other than	that		
															as may	be specifically	required		
	caused by flood); and such	other perils or	causes of	loss					
																
	by the Supplementary Conditions.	If insurance against mechanical breakdown, boiler		
																								and		
	explosion, and artificially generated electric current; earthquake; volcanic activity,			
							
	other earth movement;	or	flood, are	not	commercially	available under builder'srisk		
								provided through		other		
	policies, by endorsement		or	otherwise, such insurance may be						

	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		
														the  preparation,	fabrication,		
	nature	that	are	to  be		incorporated	into	or	used	in					
																					or		
	construction,	erection,	or		completion  of	the	Work,	including  Owner-furnished				

																			within the scope	of the	Contract;		
	assigned property; (b) spare parts inventory required					
					part	of	the	permanent		
	and	(c)	temporary works which  are	not	intended	to		form						
	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		
																
																					at	the		
	Site	or in a storage location outside the Site (but not including property stored					
	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'srisk insurance.																																				
8.	allow for	the	waiYer of the	insurer'ssubrogation rights,	as set forth			'.										
						belo'o'..											
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.																												
																																			
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		
															the	Work	is		
	Completion	and	partial		occupancy or use	of	the	Work by Owner, until					

	complete.																																								
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		
																								will not	be	canceled		
6.05	will	contain a provision or endorsement that the coverage afforded					
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,		
													
													insured.								
																					to each	other									
the purchasing policyholder shall provide a copy of the notice											
	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 of Civil Engineers.  All rights reserved.	Page xxvi																	

6.06

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		
							will		
				builder's risk		policy, or through Contractor)			
	Owner (directly, if it is the purchaser of the						
	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,portionsthose									of the Work that are occupied or used by Owner may come		
																		of the Work not yet occupied	or used	by		
	off	the builder's risk policy, while those portions					

	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		
						insurance policies provided under this Paragraph		
	or supplement the builder's risk	or property			
																							
	6.05, it may do so at Contractor's		expense.																					
																												
F.			insuranceexpressIfthe						provisions	of the	Contract do not require		
	Insurance of Other Property:											item or interest, such as tools, construction equipment,		
	or address the insurance of a property			
			Contractor,  a  Subcontractor,  or	an	employee  of		
	or	other  personal  property	owned	by					
	Contractor or a Subcontractor,		then the entity or individual owning such property item will be		
															if so in what amount.								
	responsible for deciding whether	to insure it, and									
																												
Waiv-er of Rights																																		
A.	All policies purchased in accordance	with Paragraph 6.05, expressly	including the builder's risk		
												
																		of any loss or damage		
	policy, shall contain provisions	to the effect that in the event of payment			
										
														against any  insureds	thereunder,  or against		
	the	insurers 'Nill  have  no  rights  of recovery					
															employees, agents,		
	Engineer or its consultants, or their officers, partners,directors, members,							
	consultants, or subcontractors.	Owner and Contractor >..vaive	all	rights against each other and		
					members,  partners, employees, agents, consultants, and		
	the	respective officers, directors,			
										losses and damages caused by, arising out of,		
	subcontractors of each and any of them, for all			
	or resulting from any of the perils or causes of loss covered	by such policies and an',' other		
				v,i'aive  all such	rights against		
	property insurance applicable	to		the	\/>lark;	and,  in  addition,					
													all	individuals		or		entities	identified  in		the		
	Engineer,  its  consultants,	all		Subcontractors,											
	Supplementary  Conditions		as		insureds,	and	the	officers,	directors,	members,  partners,		
													under such		
																									
	employees, agents, consultants, and subcontractors of each and any of them,			
	policies for losses and damages	so caused.	~Jone	of the		above waivers shall mctend to		the		
														the	proceeds of insurance held	by		
	rights that any party making such 'Naiver may have to					
	O·.vner or Contractor as trustee	or fiduciary, or otheri.vise pa·,able	under any policy so issued.		
													
B.	Owner >Naives all rights against	Contractor, Subcontractors, and Engineer,	and	the officers,		
									
	directors, members, partners, employees, agents, consultants and subcontractors of each and		
	any of them, for:																																		
	1.	loss due to  business	interruption,	loss of use, or other		consequential	loss mctending		
										by,		
		beyond direct physical loss or damage	to	Owner's property or the	Work caused				
									
			other perils	whether or not insured by Owner;		
		arising out of, or resulting from fire or				
		aRG																																		
	2.	loss or damage to	the	completed Project or part thereof caused	by,	arising out of, or		
		resulting from  fire	or	other		insured	peril  or cause  of loss  covered	by  any property		

		insurance maintained on the completed Project or part thereof by Owner during partial		
		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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6.07

	occupancy or use pursuant to Paragraph	15.04, after Substantial Completion pursuant		
										
	to Paragraph 15.03, or after final payment pursuant to	Paragraph 15.06.			
C.	Any insurance policy maintained	by Owner covering any loss, damage	or consequential loss		
							
									the effect that in the event of		
	referred	to in Paragraph 6.06.B shall contain provisions to			
	payment	of any such loss, damage,	or consequential loss, the insurers	Nill have no rights of		
												1				
	recovery against Contractor, Subcontractors,	or Engineer, or the officers, directors,	members,		

	partners, employees, agents, consultants,	or subcontractors of each and any of them.		
												
D.	Contractor shall be responsible for assuring that the agreement	under which a Subcontractor		
		the Subcontractor waives all		
	performs a portion of the 1,i\lork contains provisions	,,,,•hereby			
	rights against Owner, Contractor,	all individuals or entities identified in	the Supplementary		
											directors, members,		
	Conditions as insureds, the Engineer and its consultants, and the officers,			
					
	partners, employees, agents, consultants,	and subcontractors of each and any of them, for all		
					to, or resulting from any of the perils or		
	losses and damages caused by, arising out of, relating			
						insurance applicable		
	causes of loss covered by builder'srisk insurance and any other property			
					
	to the 1/'.'ork.														

Receipt and Application of Property	Insurance Proceeds						
										
A.	Any insured loss under the builder'srisk 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		
			of such		
	its position regarding a claim for insured loss in writing within 15 days after notice			
	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'srisk and other policies of insurance		
			such proceeds in accordance with such agreement		
	required by Paragraph 6.05 shall distribute			
		otherwise required under the dispute resolution		
	as the parties in interest may reach,	or as			
	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'SRESPONSIBILITIES

7.01

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

EJCDC®

Copyright©  2013

C-700 (Rev.	1),	Standard General Conditions of the Construction Contract.		
National Society of Professional Engineers,	American Council of Engineering Companies,		

and

American

Society

of

Civil

Engineers.

All

rights

reserved.

Page

xxviii

7.02

7.03

Labor; Working Hours																		
A.	Contractor shall provide competent, suitably qualified personnel to	survey and lay out the		
	Work	and perform construction as required by	the	Contract Documents.	Contractor shall 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'swritten consent, which will	not	be	unreasonably	withheld.					
											
	1.	The Contractor shall	be	responsible,	whether previously scheduled  or not, for	the		
		payment of Owner'scost	of	overtime inspection outside	of the working hours described		
		above.	The Contractor will be required	to	pay	for overtime	inspection services	on		
												
		unscheduled  work,	work	which	is	delayed	by  the  Contractor's suppliers	or		
		subcontractors and any other work	performed for the convenience of the Contractor as		
		he deems necessary to meet the schedule.									
Services, Materials, and Equipment														
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		
	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"		
		EJCDC®	C-700 (Rev. 1), Standard General Conditions of the Construction	Contract.				
	Copyright©  2013 National Society of Professional Engineers, American Council of Engineering Companies,			
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7 .05

	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.																												
														all			provide	data in support of any proposed	11	or equal"		
																						
B.	Contractor's Expense:		Contractor shall																												
																																								
													.																																		
	item at Contractor'sexpense																																		
C.	Engineer's  Evaluation	and Determination:  Engineer	will	be		allowed	a reasonable	time	to		
																							data		
																		Contractor to furnish additional			
	evaluate each	11	or-equal" request. Engineer may require				
	about the	proposed	11	or-equal" item. Engineer will	be	the	sole judge	of acceptability.	No "or-		
	equal" item will be ordered, furnished, installed,	or utilized	until Engineer'sreview is complete		
													be	evidenced	by		
	and Engineer determines		that	the proposed item is	an	11	or-equal", which will					
											communication.		Engineer	will advise Contractor		
	an approved Shop Drawing	or	other	written						
	in writing	of any negative	determination.																													
																																						
D.	Effect of Engineer's	Determination: Neither approval	nor denial	of	an	"or-equal"	request shall		
															
																		request shall	be		
										Price. The Engineer'sdenial	of an	"or-equal"				
	result in any change in Contract							
																					
															appeal under any provision	of the		
	final and binding, and may	not	be reversed through	an					
	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	11	or-equal"	item,	Contractor may		

										as	a substitute pursuant	to	Paragraph		
	request that	Engineer considered the	proposed item						
	7.05.																																														
Substitutes																																														
A.	Unless the specification	or	description of	an item	of	material	or	equipment required		to	be		
											no		
	furnished under the		Contract Documents contains	or	is	followed by words reading	that			
	substitution is permitted, Contractor may request	that	Engineer authorize	the	use	of	other		
															below. To	the	extent		
	items of	material	or		equipment under the	circumstances described					
	possible such requests shall be	made	before commencement	of	related construction	at	the		

	Site.																																														
	EJCDC®		C-700 (Rev. 1),	Standard General	Conditions	of the Construction	Contract.												
									Companies,									
	Copyright	©  2013 National Society	of Professional Engineers, American Council	of Engineering										
																	
					and American Society of Civil	Engineers.	All rights reserved.	Page xxx														

B.

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 changeTimes, in Contract																	
		2)		whether	use of the proposed substitute item in		the Work will	require a change		
				in any	of the	Contract Documents (or in the		provisions	of	any	other	direct		
				contract	with	Owner for other	work	on the	Project) to adapt	the design to	the		
				proposed substitute item, and																		
		3)		whether	incorporation or use	of the proposed	substitute item in connection		
																		
				with the	Work is subject to payment of any license fee or	royalty.						
	c.	will identify:																						
		1)		all variations of the proposed substitute item from 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.																			
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'sreview	is complete and Engineer determines	that the		
proposed item	is an acceptable substitute. Engineer'sdetermination will be evidenced	by a		
				
Field Order or	a proposed Change Order accounting for the substitution itself and all related		

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

of

Civil

Engineers.

All

rights

reserved.

Page

xxxi

C.

D.

E. expense.

F.

impacts,  including  changes	in	Contract  Price  or	Contract	Times.		Engineer	will  advise		

Contractor in writing of any negative	determination.														
																		
Special Guarantee: Owner may require Contractor to furnish at Contractor'sexpense	a special		
					
performance guarantee or other surety with respect to	any substitute.											
Reimbursement of Engineer's	Cost:	Engineer will	record  Engineer's	costs  in	evaluating	a		
				Engineer	approves	a		
substitute  proposed  or submitted	by	Contractor.	Whether	or	not						
													
substitute so proposed or submitted	by Contractor, Contractor shall reimburse	Owner for the		
								
							substitute. Contractor shall		
reasonable charges of Engineer	for evaluating each such proposed			
		for making	changes in	the		
also reimburse Owner for the	reasonable charges	of	Engineer					
								resulting		
Contract Documents (or in the provisions	of any other	direct contract	with Owner)			

from the acceptance of each proposed	substitute.															
																	
Contractor's Expense: Contractor	shall provide all data in support	of any proposed substitute		

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

7.06

Concerning Subcontractors, 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.			
C.	Subsequent to the	submittal of	Contractor'sBid	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		
										be deemed acceptable to Owner		
	otherwise). Such proposed Subcontractor or	Supplier shall			
	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		
									not	require	a		
	Contractor to retain specific replacements; provided, however, that Owner may					
						
	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,		
														of		substantive,		
	Supplier,  or other	individual  or		entity	so	identified	solely  on	the	basis					
	reasonable  objection  after  due  investigation.	Contractor  shall	submit	an	acceptable		
																		
	replacement for the rejected Subcontractor, Supplier, or other individual or entity.				
	EJCDC®  C-700 (Rev. 1), Standard General Conditions	of the Construction Contract.									
	Copyright©  2013 National Society of Professional		Engineers, American Council	of Engineering	Companies,						
														
											Page xxxii											
	and American Society of Civil Engineers.  All rights reserved.												

7.07

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 of the	Work in accordance with	the Contract Documents.												
H.	On	a monthly basis Contractor shall submit	to Engineer a complete list of all Subcontractors		
	and Suppliers having a direct contract	with		Contractor, and	of	all	other Subcontractors	and		

	Suppliers known	to	Contractor at the time of submittal.																			
I.	Contractor shall	be	fully responsible to	Owner and Engineer	for	all acts and omissions		of the		
										of		
	Subcontractors, Suppliers, and		other individuals	or entities		performing or furnishing any			
	the	Work	just as	Contractor is responsible	for	Contractor'sown 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.																																						
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 contractua I agreement	that	specifically binds	the Subcontractor or Supplier to the		
																			of Owner and		
	applicable terms and conditions	of the	Contract Documents for	the	benefit			
																														
	Engineer.																																					
N.	Owner	may furnish	to any Subcontractor	or Supplier, to	the extent practicable,	information		
											the		
	about	amounts	paid to	Contractor on account	of Work performed	for	Contractor by			
	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.										
Patent	Fees and Royalties																																
A.	Contractor shall pay all license	fees and royalties and assume	all costs incident	to the use in		
																	
																				any invention,		design,		
	the performance	of the	Work	or	the	incorporation in	the	Work of					
																
			EJCDC®  C-700 (Rev. 1), Standard	General Conditions of the Construction Contract.											
	Copyright©	2013 National Society of Professional	Engineers, American Council	of Engineering	Companies,									
																
							All rights reserved.	Page xxxiii												
					and American Society	of Civil Engineers.														

7.08

	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		
																			Owner		
																		the actual knowledge of			
	Documents for	use in the	performance	of the Work and if, to				
	or Engineer, its	use	is subject	to		patent rights	or	copyrights calling for	the	payment	of	any		
												in	the		
	license fee or royalty	to others, the	existence of such rights shall	be	disclosed by Owner				
											
	Contract Documents.																																
B.	To the fullest extent permitted by	La'NS and Regulations,	Owner shall indemnify and hold		
					partners,	employees,		agents,		
	harmless  Contractor,  and	its	officers,	directors,  members,							
	consultants,  and subcontractors	from	and against all claims,		costs,  losses, and	damages		
																		
							engineers, architects, attorneys, and	other		
	(including but not limited	to	all fees and charges	of				
	professionals, and all court	or	arbitration or other	dispute	resolution costs) arising	out	of	or		
														
																			the		
												copyrights  incident to	the  use  in			
	relating to  any infringement	of	patent  rights	or					
	performance of the	Work	or	resulting from the	incorporation in the Work	of any invention,		
	design, process, product,	or	device specified in	the	Contract Documents, but not identified	as		
						or		
											royalty to others required by patent	rights			
	being sulaject to payment	of any license fee or					
												
	copyrights.																																		
C.	To the fullest extent permitted by Laws and Regulations,	Contractor shall indemnify, defend.		
			the	officers,	directors, members,		
	and hold harmless lndemnitees	Owner and Engineer, and					
																
													of each and any	of them	from		
	partners, employees, agents, consultants and subcontractors					
								
						but	not	limited	to	all		
	and against all claims, liabilities, costs, losses, and damages	(including							
				professionals and all court	or		
	fees and charges of engineers, architects, attorneys, and other				
					
														of		
	arbitration or other dispute	resolution costs) arising	out	of or	relating to any infringement			

											the performance of the Work or	resulting		
	patent rights or copyrights	incident to	the use in				
																process, product, or device	not		
	from the incorporation in	the	Work of	any invention, design,					
										
						such infringement is caused	by		
	specified in the Contract	Documents. provided however	that				

																			Contractor or those	for	which		
	the negligent. reckless, or	intentionally wrongful actions	of the					
	Contractor is responsible.																															
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'sBid (or when	Contractor became bound under a negotiated contract)	.	Gwnef		
										
										for connections for	providing permanent		
	Contractor shall pay all charges		of utility owners				
																												
	service to the Work.																																	

7.09

7.10

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.									
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		
								responsible  for		
	applicable	Laws	and  Regulations,  neither  Owner  nor		Engineer shall  be			
			compliance with any Laws or Regulations.				
	monitoring Contractor's											
	EJCDC®  C-700 (Rev. 1), Standard General Conditions of the Construction	Contract.				
	Copyright©	2013 National Society of Professional	Engineers, American Council of Engineering Companies,			
						Page xxxiv				
		and	American Society of Civil Engineers.  All rights reserved.						

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		
								and		
costs and	losses, and shall indemnify, defend, and hold harmless lndemnitees	Owner			
							
Engineer, and the	officers, directors, members,	partners, employees, agents, consultants, and		
											
subcontractors of	each and any of them 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	not be Contractor'sresponsibility	to	make		
certain	that the	VVork	described in the Contract Documents is in accordance '#ithLav.'sand		
Regulations, but this shall not relieve Contractor of	Contractor'sobligations under Paragraph		

C.

~						
Owner or Contractor may give notice to the other party	of any changes after the submission		
of Contractor'sBid (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.						

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.										
		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 of Civil Engineers.  All rights reserved.	Page xxxv				

7.13

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'ssafety programs,	if any.		
	The Supplementary Conditions identify any Owner'ssafety	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'sand  Engineer'semployees	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	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'sduties 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'sduties	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.							
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,		
					
		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 of Civil Engineers. All rights reserved.	Page xxxvi			

7.16

	or	loss. Contractor shall give Engineer prompt	written	notice	if Contractor believes	that any		
	significant changes in	the	Work or variations from	the Contract Documents have been caused		
	thereby or are required	as  a result thereof.	If	Engineer	determines	that	a change in the		
	Contract Documents is required because	of	the	action taken by Contractor in response to such		
	an	emergency, a Work Change Directive	or	Change Order will	be issued.							
Shop Drawings, Samples,	and Other Submittals																				
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				
			d.	determined and verified all information relative	to Contractor'sresponsibilities 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'sreview 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		may	as	Engineer				require.							
			identified																			
	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		
		and	provide	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.			
			EJCDC®  C-700 (Rev. l), Standard General Conditions of the Construction	Contract.							
	Copyright©  2013 National Society of Professional Engineers, American Council of	Engineering Companies,					
				and American Society of Civil Engineers.  All	rights reserved.		Page xxxvii									

C.

D.

	b.	Contractor shall	clearly identify each	Sample	as to	material, Supplier,	pertinent		
								data		as		
		data	such as	catalog numbers,	the	use for	which	intended  and		other					
		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		
										of		
	approval	of the pertinent submittal	will be	at the	sole expense and responsibility			
								
	Contractor.																																
Other Submittals: Contractor shall submit other	submittals to Engineer in accordance	with the		
accepted Schedule of Submittals, and pursuant	to the applicable terms of the	Specifications.		
Engineer's Review:																																
1.	Engineer will provide timely review of	Shop Drawings and Samples in accordance with		
	the Schedule of Submittals acceptable	to	Engineer. Engineer'sreview	and approval will		
														or		
	be only to determine if the items covered by the	submittals will,		after	installation			
								
	incorporation in the Work, conform to the information given in	the	Contract		Documents		
												
	and	be compatible with the design concept	of the	completed Project as	a functioning		
	whole as	indicated by the Contract	Documents.																					
																														
2.	Engineer's review	and  approval		will		not	extend	to  means,  methods,	techniques,		
												incident		
	sequences, or procedures of construction	or	to safety precautions or programs			
									
	thereto.																																	
3.	Engineer'sreview and approval of	a separate item as	such will	not		indicate approval of		
	the	assembly in which the item functions.																								
4.	Engineer'sreview and approval	of a Shop Drawing	or Sample shall not	relieve Contractor		
	from responsibility for any variation from	the requirements of	the	Contract		Documents		
										and		
	unless Contractor	has  complied	with		the	requirements	of	Paragraph		7.16.A.3			
														notation		
	Engineer	has given written approval	of	each such variation	by	specific written			
	thereof incorporated in or accompanying	the Shop Drawing	or Sample.	Engineer will		
				the		Contract		
	document  any  such  approved	variation	from	the  requirements	of						
																														
	Documents in a Field Order.																														
5.	Engineer'sreview and approval	of a Shop Drawing	or Sample shall not	relieve Contractor		
														of Paragraph 7.16.A and B.			
	from responsibility for complying	with	the	requirements				
6.	Engineer'sreview 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'sreceipt, 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		
											the		
	commitments  set	forth  in  approved		Shop  Drawings	and  Samples,	subject	to				

	provisions of Paragraph 7.16.D.4.																													

EJCDC®

Copyright©  2013

C-700 (Rev. 1),	Standard General Conditions of the Construction Contract.		
National Society of Professional Engineers,	American Council of Engineering Companies,		

and

American

Society

of

Civil

Engineers.

All

rights

reserved.

Page

xxxviii

7.17

E.	Resubmittal Procedures:																																			
	1.	Contractor shall make	corrections required by Engineer	and shall return the	required		
																		for		
																				as	required, new Samples			
		number of corrected copies of Shop Drawings and submit,					
								
		review and approval. Contractor		shall direct specific attention	in writing to	revisions		
																submittals.									
		other	than the corrections called	for by Engineer on previous										
																			
	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		
																							submittal	of	a Shop		
		record  Engineer's time	for	reviewing a	fourth	or	subsequent						
		Drawings, sample, or	other	item requiring approval,	and Contractor shall	be responsible		
																										
								for such time. Owner may impose a	set-off against		
		for Engineer'scharges to	Owner				
		payments due to	Contractor	to	secure reimbursement		for	such charges.									
	3.	If Contractor requests a change	of a previously	approved submittal item, Contractor		
																						may		
		shall be responsible for Engineer'scharges to Owner for its review time, and Owner			
			such		
		impose a set-off against	payments due to	Contractor to secure reimbursement	for			
																						of	Contractor.							
		charges, unless the need for	such change	is	beyond	the control									
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,		
												shall	be entitled	to	rely		on		
	partners, employees, agents, consultants, and subcontractors								
																		
	Contractor'swarranty and guarantee.																												
B.	Contractor'swarranty	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'sobligation	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								obligation		
						of Contractor's							
	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.																							
		EJCDC®  C-700 (Rev. 1),	Standard General Conditions of the Construction	Contract.											
							Companies,								
	Copyright©	2013 National Society	of	Professional Engineers, American Council		of	Engineering									
																				
			and American Society of Civil Engineers. All	rights reserved.		Page	xxxix														

7.18

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		
													or		
	and	subcontractors.	If	an	assignment		of	warranty	requires		the	material	supplier				
	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.																																			
Indemnification																																												
A.	To	the  fullest		extent  permitted	by	Lav,1s	and	Regulations,	and	in	addition	to	any	other		
	obligations	of	Contractor	under	the	Contract		or	otherwise,	Contractor shall	indemnify		and		
																
	hold	harmless	Owner	and	Engineer,	and	the  officers,  directors,	members,				partners,		
	employees, agents, consultants and subcontractors of each and	any of them 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 the	performance	of	the 'Nork,		provided		
	that	any	such	claim, cost, loss, or	damage	is attributable to bodily injury, sickness,	disease,	or		
	death, or to injury to or	destruction of tangible property (other than the Work itself}, including		
	the	loss	of use  resulting therefrom	but	only	to		the eictent caused  by any  negligent	act	or		
	omission 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.																																								
	To	the  fullest	extent	permitted	by	Laws	and	Regulations,	and	in	addition	to		any	other		
	obligations of	Contractor	under	the	Contract	or	otherwise, Contractor	shall indemnify,	hold		
													
	harmless, and		defend Owner, Engineer,	WYN	Investors,	LLC,	and their	respective	members,		
																		
	parents,	partners,	subsidiaries,	affiliates,  officers,  directors,  supervisors, staff, consultants,		
																					the foregoing entities		and		
	agents, subcontractors	and employees of	each	and any	of all	of					
	individuals	(together, "lndemnitees")	from  all	claims, liabilities,	damages, losses		and	costs,		
	including,	but		not	limited to,	reasonable	attorney's fees,	to	the	extent	caused,	in		part	or	in		
	whole,	by  the	negligence,  recklessness,	or		intentionally  wrongful		misconduct	of		the		
	Contractor, or	any	Subcontractor, any Supplier,	or	any individual or entity	directly	or	indirectly		
	employed	or	used  by any of them to	perform	any of the	Work.		To	the	extent	required	by		
														
	Florida law to	make the provisions of any		indemnification,	defense	or hold	harmless	provision		
	of		this	Contract	enforceable		(and	otherwise	this	sentence	does		not		apply),		such		
	indemnification, hold harmless	and	defense obligation shall	not exceed	$10,000,000.00, the		
										was	part of		
	amount	of which	bears	a	reasonable	commercial	relationship to the	Contract and				
	the project specifications	or	bid		documents.	In	the event that	any	indemnification,	defense		
																
	or	hold	harmless	provision of this Contract is	determined	to	be	unenforceable,	the		provision		
	shall be	reformed	to give the	provision the maximum effect allowed by Florida law	and for the		
	benefit of the		lndemnitees.  The	Contractor shall	ensure	that any	and	all	Subcontractors,	and		
													
	Suppliers, include this express paragraph	for the	benefit	of the	lndemnitees.														

EJCDC®

Copyright©  2013

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National Society of Professional Engineers,	American Council of Engineering Companies,		
		Page xi			
and American Society of Civil Engineers. All rights reserved.				

7.19

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		
										any Supplier,		
	or personal representative of such employee) of Contractor, any Subcontractor,			
							
	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		
				or		
	under Paragraph 7.18.A shall not	be limited in any way by any limitation on the amount			
					
	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'sofficers,	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.																

Delegation of Professional	Design Services																			
A.	Contractor will not be	required	to	provide professional design services	unless such services		
					Work or unless such		
	are specifically required by the	Contract Documents for a portion of the			
	services  are  required	to  carry	out Contractor's	responsibilities	for	construction	means,		
																			
	methods, techniques, sequences	and procedures. Contractor shall not be required to provide		
		of applicable Laws and Regulations.											
	professional services in violation												
																							
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	all performance and design criteria	that such services must		
													
																	by a properly		
	satisfy. Contractor shall cause such services	or certifications to be	provided			

	licensed professional, whose signature and seal shall appear on all drawings, calculations,		
	specifications,  certifications,	and		other submittals	prepared	by	such	professional.  Shop		
																		
																by such professional,		
	Drawings and other submittals related to the	Work designed or certified			
										to		
													written	approval when submitted			
	if prepared by others, shall bear such professional's														
	Engineer.																										
C.	Owner and Engineer shall be entitled to rely upon the adequacy, accuracy,	and completeness		
						provided		
	of the services, certifications,	or approvals performed by such design professionals,			
						
	Owner and Engineer have specified	to	Contractor all performance and design criteria that such		
																					
	services must satisfy.																										
D.	Pursuant to this paragraph,	Engineer'sreview and approval	of design calculations and design		
																
			limited purpose of checking for conformance with performance		
	drawings will be only for the			
	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		
												
																		7.16.D.1.		
	calculations and design drawings)	will	be only for the purpose stated in Paragraph			

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

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Copyright©  2013

C-700 (Rev. 1), Standard General Conditions of the Construction	Contract.	
National Society of Professional Engineers, American Council of Engineering Companies,	
and American Society of Civil Engineers.  All rights reserved.	Page xii		

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		
						their utilities and facilities at or		
	arrange to	have third-party utility owners perform work on			
	adjacent to	the Site.																							
B.	If Owner performs other		work at or	adjacent to the Site	with Owner'semployees,	or through		
									prior		
	contracts for such other	work, then Owner shall give Contractor	written	notice thereof			
										of any		
				work. If Owner has advance information regarding the	start			
	to starting any such other					
	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		
								
											other	work.		
	introduction and storage	of materials and equipment and the execution of such				
							
										Work that	may be	required to		
	Contractor shall	do all cutting,	fitting, and patching of the					
							together and properly integrate		
	properly connect	or otherwise	make its several parts come			
																	
						by							cutting, excavating,		
	with such other work. Contractor shall not endanger any										
		work of others									
	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'sWork	depends upon		work		
	performed	by others under	this Article 8, Contractor shall	inspect such	other	work and		
								or	deficiencies in such	other	work		
	promptly report to Engineer in	writing any delays, defects,						
								
	that render it	unavailable	or	unsuitable for the proper execution and results of	Contractor's		
	Work. Contractor'sfailure	to	so	report will constitute an acceptance	of such	other work as fit		
										latent defects	and deficiencies		
	and proper for integration with	Contractor'sWork except for				
											
	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		
				to		
	the Site,	to perform other work at or adjacent	to	the Site	with Owner'semployees,	or				
								be		
	arrange	to have utility owners perform work at	or	adjacent	to the Site, the following	will				
							of any		
	set forth in the Supplementary Conditions or provided	to Contractor prior	to the start			
	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	.											

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General Conditions

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Copyright©

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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		
																										or	cost	of	the		
	Subcontractors,		or	delays, disrupts,	interferes	with, or	increases	the		scope						
	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		
								the		
	submit	any Change Proposal seeking	an	equitable adjustment in	the		Contract Price	or			
	Contract Times under this paragraph	within 30 days of the damaging, delaying, disrupting, or		
																			adjustment shall take		
	interfering event. The	entitlement	to, and	extent of, any such equitable				
																	
	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		
									all Contractor'srights against such		other		
	be conditioned on Contractor	assigning	to Owner					
										the damage, delay, disruption, or interference that		
	contractor or	utility	owner with respect	to			
	is the	subject	of the	adjustment. Contractor'sentitlement to	an	adjustment of the		Contract		
	Times	is conditioned	on such adjustment being essential to	Contractor'sability	to	complete		
	the Work	within	the	Contract Times.																													
B.	Contractor shall take	reasonable	and		customary  measures	to	avoid		damaging,	delaying,		
												owner		
	disrupting,	or	interfering with	the	work	of Owner, any other	contractor, or any utility			
	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'semployees,		
	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						other	work. In		
					Owner's				set-off		
	response	to such damage, delay, disruption, or interference, Owner may impose a			
	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		
														if	any claim		
	failure	to take reasonable and customary measures to	avoid such impacts,	or				
	arising out	of	Contractor'sactions, 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	lndemnitee~	Owner	and Engineer, and	the	officers,	directors,		
														
																		of each and any of		
	members, partners, employees, agents, consultants and subcontractors			
											
	tfleffi	from	and against any such claims,	and against all costs, liabilities, losses, and damages		
									engineers, architects, attorneys, and other		
	(including but not limited to	all fees and charges of			
	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		
				EJCDC®		C-700 (Rev, 1), Standard General	Conditions	of the Construction Contract.										
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							and American Society of Civil	Engineers.	All																

damage, delay, disruption	or interference is	
reckless or intentionally wrongful	misconduct	
responsible.			

caused in part or in whole by the negligent, of Contractor, or those for which Contractor is

ARTICLE

9 - OWNER'SRESPONSIBILITIES

9.01	Communications to Contractor

A.	Except	as	otherwise  provided	in	these  General  Conditions,	
	communications to Contractor through Engineer.	

Owner

shall  issue  all

9.02

9.03

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

9.04

9.05

Pay When Due			
A.	Owner shall make payments to Contractor when they are due as provided in the Agreement.	
Lands and Easements; Reports, Tests, and Drawings	
A.	Owner'sduties	with	respect to providing lands and easements are set forth in Paragraph 5.01.	
B.	Owner'sduties	with	respect to providing engineering surveys to establish reference points	
	are set forth in Paragraph 4.03.	
C.	Article 5 refers	to Owner'sidentifying 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

property insurance are set forth in Article 6.

purchasing and  maintaining liability and

9.07	Change Orders

A.

Owner'sresponsibilities

with

respect

to

Change Orders

are

set

forth

in

Article 11.

9.08

9.09

Inspections, Tests,	and Approvals						
A.	Owner'sresponsibility with respect to	certain inspections, tests, and approvals is set forth	in	
	Paragraph 14.02.B.						
Limitations on Owner's Responsibilities						
A.	The Owner shall not supervise, direct,	or have control or	authority over,	nor	be responsible	
	for, Contractor'smeans, 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'sfailure	to perform the Work in accordance with the Contract	
	Documents.							
	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 of Civil Engineers. All rights reserved.	Page xliv				

9.10

9.11

9.12

Undisclosed Hazardous Environmental Condition						
A.	Owner'sresponsibility 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		
											
							satisfy Owner'sobligations under the Contract		
	financial arrangements have been made to			
	Documents (including obligations	under proposed changes in the Work).				
										
Safety Programs										
A.	While at the Site, Owner'semployees	and	representatives shall comply	with the specific		

	applicable requirements of Contractor'ssafety programs of which Owner has been informed.		
B.	Owner shall furnish copies of any applicable Owner safety programs to Contractor.			

ARTICLE

10 -

ENGINEER'SSTATUS

DURING

CONSTRUCTION

10.01

Owner's Representative						
A.	Engineer will  be Owner'srepresentative during	the	construction  period.	The duties and		
					during		
	responsibilities and the limitations of authority of	Engineer as Owner'srepresentative			
					
	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		
							of		
	design professional the	progress that	has	been made and the quality	of the	various aspects			
	Contractor's executed	Work.		Based	on	information	obtained		during	such	visits  and		
																		
																		if	the Work	is		
	observations, Engineer,	for the	benefit		of	Owner,	will determine, in general,					
	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'sefforts 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		
										
						Work.									
	of the Work and will endeavor	to guard Owner against defective										
														
B.	Engineer'svisits and observations are subject to all	the limitations on Engineer'sauthority and		
	responsibility set forth in Paragraph	10.08.  Particularly,	but without	limitation, during or as a		
							of Contractor'sWork, Engineer will	not	supervise,		
	result of Engineer'svisits or observations					
	direct, control, or have authority over	or	be responsible for Contractor'smeans,	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		
	EJCDC®  C-700 (Rev. 1), Standard General	Conditions of the Construction Contract.				
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		and American Society of Civil Engineers.	All rights reserved.	Page	xiv					

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'sconsultant,	
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'sauthority, and limitations thereof,	as to Shop Drawings and Samples, are set forth		
	in Paragraph 7.16.								
B.	Engineer'sauthority, and limitations thereof,	as to	design calculations	and design drawings		
					in		
	submitted in response to a delegation of	professional design services, if any, are set forth			
	Paragraph 7.19.								
C.	Engineer'sauthority	as to Change Orders	is set forth in Article 11.				
D.	Engineer'sauthority	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		
								
						to Owner or Contractor, and will		
	decisions and judgments, Engineer	will not show partiality			
					with  any  proceedings,		
	not  be  liable  to  Owner,  Contractor,  or  others	in  connection			
	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 inmade by Engineer	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		
									
											any Supplier,		
	contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor,			
					
	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'smeans, methods,		techniques, sequences,	or procedures	of construction,	or the		
					incident thereto, or for any failure of Contractor to comply		
	safety precautions and programs			
					performance of the Work. Engineer will	not be		
	with Laws and Regulations applicable to the				
	responsible for Contractor'sfailure	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.		

EJCDC®

Copyright ©  2013

C-700 (Rev. 1),	Standard General Conditions	of the Construction Contract.	
National Society of Professional Engineers, American Council of Engineering Companies,	

and

American

Society

of

Civil

Engineers.

All

rights

reserved.

Page

xlvi

10.09

D.	Engineer'sreview oft he final Application for Payment and accompanying documentation	and		
	all  maintenance and operating instructions, schedules, guarantees,	bonds,	certificates of		
					by		
	inspection,  tests  and  approvals,	and	other	documentation  required  to	be  delivered			
					generally that their content complies with	the		
	Paragraph 15.06.A will only be to determine				
	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.							
Compliance with	Safety Program												
A.	While at the	Site, Engineer's	employees and representatives	will comply	with the specific		
										
										(if	any)  of which		
	applicable  requirements  of Owner's	and  Contractor'ssafety  programs				

	Engineer has	been informed.												

ARTICLE

11-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,		
					
	Change Directive, or a Field Order.				

a

Work

l.

2.

3.

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.										
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		
									Work Change		
issued Change Order,	following	negotiations by the parties as	to the			
Directive'seffect, if any, on the	Contract Price and Contract Times; or,	if negotiations		
are	unsuccessful,  by	a	determination	under	the terms	of the	Contract		Documents		
									change		of		
governing  adjustments,	expressly	including	Paragraph	11.04	regarding					
										of		
Contract Price. Contractor must submit	any Change Proposal seeking an adjustment			
				
						days after	the		
the	Contract Price or	the	Contract Times, or		both, no	later than 30				
completion	of the Work	set out in the	Work Change Directive.  Owner must submit	any		
							
Claim seeking an adjustment of	the	Contract Price or the Contract Times,		or	both, no		
later than 60 days after issuance of the	Work Change Directive.											
Field Orders: Engineer may authorize	minor changes in the Work if the changes	do	not		
				the Contract Times and are compatible		
involve an adjustment in the Contract Price or			

EJCDC®

C-700 (Rev.

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Standard

General

Conditions

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Construction

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American Council

rights reserved.

of Engineering Companies,

Page xlvii

11.02

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

Owner-Authorized Changes in the Work					
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'srecommendation, 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'ssafety 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'sfee for overhead and profit (determined as provided in Paragraph 11.04.C).		

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General

Conditions

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Page xlviii

C.	Contractor's  Fee:  When applicable,

determined as follows:

the

Contractor'sfee

for

overhead and

profit

shall

be

1. 2.

a mutually acceptable fixed fee; or																		
if	a fixed fee is not agreed upon, then a fee based on the following percentages	of	the		
various portions	of the Cost of the	Work:																	
a.		for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the	Contractor'sfee		
		shall be 15 percent;																				
b.		for costs incurred under Paragraph 13.01.B.3, the	Contractor'sfee	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		
									of		
		11.04.C.2.b is that the	Contractor'sfee shall be based on: (1) a fee of	15 percent			
							
		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		
																			the		
		Subcontractor;  provided,  however,	that for	any	such  subcontracted  work			
															of	the		
		maximum total fee to	be paid by Owner	shall	be no greater than 27 percent				
		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'sfee	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'sfee 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		
							
			provisions of Paragraph	11.06. Any		
	adjustment in the Contract Times shall comply with the				
					
	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'sprogress.						

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		
			the Work under		
	requirements of the Contract Documents or relating to the acceptability	of			
	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		

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11.07

	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		
									
																	or after	such		
																	event giving rise thereto,				
		no event later than 30 days) after the start	of	the					
		initial decision. The Contractor shall submit supporting data, including the proposed		
		change in Contract Price	or	Contract Time (if	any), to	the Engineer	and Owner within 15		
											data		shall	be		
		days  after the  submittal		of	the  Change	Proposal.		The	supporting						
															
											data		are	accurate	and		
		accompanied	by	a	written	statement  that	the  supporting							
								the	entire adjustment	to		
		complete, and	that any requested time	or	price adjustment	is					
											
		which Contractor believes		it		is	entitled	as	a result of	said event. Engineer	will advise		
																from		
						Proposal, and consider any comments	or	response			
		Owner regarding	the	Change						

		Owner regarding	the	Change		Proposal.																											
																																				
	2.	Engineer's Action:	Engineer	will review each Change	Proposal and, within 30 days	after		
																										
																			Change	Proposal in whole,		
		receipt of the										supporting data, either deny the				
			Contractor's													in part. Such	actions shall	be	in		
		approve	it in whole,		or deny		it	in part and approve	it						
		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		
																									
											the other party indicating that as a result	of	Engineer's		
		time thereafter submit a	letter	to					
		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		
																				under		
		Contractor, unless Owner		or	Contractor appeals the		decision	by filing a Claim			
																																				
		Article 12.																																										
B.	Resolution of	Certain Change	Proposals: If the Change Proposal does	not	involve	the design		
								Work,	or		
	(as	set forth in	the Drawings, Specifications,	or otherwise),		the acceptability of	the				
											
	other engineering or technical matters, then Engineer will	notify the parties	that the	Engineer		
	is unable to resolve	the Change Proposal. For purposes	offurther	resolution	of such a Change		
	Proposal, such notice shall		be deemed	a denial, and Contractor	may choose to	seek resolution		

	under the terms of Article		12.																																				
																																								
Execution of Change Orders																																								
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'sacceptance	of	defective Work	under Paragraph 14.04 or		
		Owner'scorrection	of	defective	Work	under Paragraph 14.07,	or	(c)	agreed	to by	the		
		parties, subject to	the	need	for Engineer'srecommendation	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																											

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11.08

	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 offull force and effect, as if	
	fully executed.		

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'sdecisions	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'sknowledge		
															
	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		
														the		
	consideration to	its	merits. The	two	parties	shall seek	to	resolve the	Claim		through			
	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.															

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G.

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 dispute, the Claim submittal		
	the mediation proceeds but is unsuccessful in resolving			
	and decision process shall resume	as	of the date of the	conclusion	of	the mediation,	as		
																
	determined by the mediator.															
3.	Owner and Contractor shall each pay one-half ofthe mediator'sfees	and costs.						
										
Partial Approval: lfthe party receiving a Claim approves the Claim in part	and denies it in part,		
such action shall	be final and binding unless within 30 days of such action the	other	party		
invokes the procedure set forth in Article 17 for final resolution	of disputes.								
Denial of Claim: If efforts to	resolve a Claim are not successful,	the party receiving the	Claim		
may deny it by giving written notice of	denial to the other party. If the	receiving	party does		
									
not take action on the Claim	within 90 days, then either Owner or Contractor may at any time		
thereafter submit a letter to the other	party indicating that	as a result	of	the inaction,	the		
						of		
Claim	is deemed denied, thereby commencing the time	for appeal of the	denial. A denial			
the Claim shall be	final and binding unless within 30 days	of the	denial the other party invokes		
the procedure set forth in Article 17 for	the final resolution of disputes.										
Final and Binding Results: If the parties reach a mutual agreement regarding a Claim, whether		
through approval	of the Claim, direct negotiations, mediation,	or otherwise; or if a Claim	is		
approved in part	and denied in	part, or denied in full,	and such actions		become final and		
					incorporated	in a		
binding; then the	results of	the	agreement or action on	the	Claim shall	be				
											
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 for	two distinct	purposes:						
											
	1.	To determine Cost of the Work when Cost of	the 'Norkis	a component	of the	Contract		
		Price, under cost plus fee, time and materials,	or other cost based terms; or				
	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 locality of the		
	the Cost of the	Work sha II be in amounts	no higher than those prevailing	in			
										
				in Paragraph 13.01.C, and shall include only		
	Project, shall not include any of the costs itemized			
													
	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.		

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2.

3.

4.

5.

Such employees shall include, without limitation, superintendents,	foremen, and other		
		not employed		
personnel employed full	time on the Work. Payroll costs for employees			
								
full time on the Work shall be apportioned on the basis of their time spent on the Work.		
Payroll costs shall include, but not be limited	to, salaries and wages plus	the	cost of		
										
fringe benefits, which shall include social security contributions, unemployment, excise,		
and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick		
leave, and vacation and holiday pay applicable thereto. The expenses of performing		
Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be		
included in	the above to	the extent authorized	by Owner.									
Cost of all materials and equipment furnished and incorporated in	the Work, including		
costs of transportation and storage thereof, and Suppliers' field services required  in		
connection	therewith.  All	cash  discounts	shall  accrue  to	Contractor  unless	Owner		
deposits funds with Contractor	with which	to	make payments, in which case the cash		
			trade discounts, rebates, and refunds	and returns		
discounts shall accrue to Owner. All				
						
from sale of surplus materials and equipment shall accrue to Owner, and Contractor		
shall make provisions so	that they may be obtained.									
Payments	made	by	Contractor	to	Subcontractors   for   Work   performed	by		
Subcontractors.	If	required	by		Owner,	Contractor shall obtain competitive bids from		
												such	bids	to		
subcontractors	acceptable	to	Owner	and  Contractor  and  shall  deliver					
								be		
				the advice of Engineer, which bids, if any, will			
Owner, who will then determine, with				
acceptable. If any subcontract provides	that the Subcontractor is to be paid on the basis		
of Cost of the	Work plus a fee,		the	Subcontractor's Cost of	the Work and fee shall be		
determined in	the same manner as Contractor's Cost of the	Work and fee	as provided		
in	this Paragraph 13.01.																			
Costs of special consultants (including		but not limited to engineers, architects,	testing		
						
laboratories, surveyors, attorneys, and accountants) employed for services specifically		
related to the	Work.																			
Supplemental costs including the following:											
a.	The proportion of necessary	transportation, travel, and subsistence	e><penses	of		
							
				in discharge of duties connected with the Vilork.		
	Contractor's employees incurred			

b.

c.

Cost,  including  transportation		and  maintenance,  of  all	materials,	supplies,		
							
						at the	Site, and		
equipment, machinery, appliances, office, and temporary facilities				
	performance	of		
hand tools not owned by the workers, which are consumed		in the				
						
the Work, and cost, less market	value, of such items used but not consumed which		
										
remain	the	property of Contractor.								
Rentals	of	all  construction  equipment  and  machinery,  and  the	parts	thereof,		
whether rented from Contractor	or others in accordance with rental agreements		
									
approved by Owner with the advice of Engineer, and the costs of transportation,		
loading, unloading, assembly, dismantling,	and removal thereof. All	such costs shall		
		The rental of any such		
be in accordance with the terms of said rental agreements.			
							
equipment,  machinery, or parts shall cease when the use thereof is  no  longer		
necessary for the Work.										

d.

Sales, consumer, use, Contractor is liable, as

and other similar imposed by Laws

taxes related to and Regulations.

the

Work, and for which

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C.

D.

	e.	Deposits lost for causes other than negligence	of Contractor, any Subcontractor, or		
		anyone directly or indirectly employed	by	any of them or for whose acts any of		
																							
		them may be liable, and royalty payments and fees for permits and licenses.				
	f.	Losses and damages (and related expenses) caused	by	damage to the	Work, not		
		compensated	by insurance or otherwise, sustained	by		Contractor in	connection		
		with  the	performance	of		the		Work  (except	losses	and	damages		within	the		
																	
														in	accordance  with		
		deductible  amounts  of  property  insurance  established				
		Paragraph  6.05),  provided such losses and  damages  have  resulted from  causes		
		other than the negligence of Contractor,		any Subcontractor, or anyone directly or		
														may be liable.		
		indirectly employed by any of them or for whose acts any of them			
		Such losses shall include settlements	made with the written consent	and approval		
											
			and expenses shall be included		in	the Cost of		
		of Owner. No such losses, damages,							
													
							Contractor's fee.											
		the Work for the purpose of determining												
																					
	g.	The cost of utilities, fuel,		and sanitary facilities at the	Site.											
	h.	Minor mcpenses such as communication service at the Site, e>cpress	and courier		
		services, and similar petti,t cash items in connection	with	the 'Norlc.									
																	
	i.	The costs of premiums for	all	bonds and insurance	that	Contractor		is	required	by		
		the Contract Documents	to	purchase	and maintain.															
																										
Costs Excluded: The term Cost of the Work shall not include any of the	following items:				
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,		
									principal  or  branch  office  for  general		
	whether  at	the	Site  or	in	Contractor's				
																	upon schedule	of		
	administration of the Work and not specifically includedagreedinthe					
				by		
	job  classifications  referred		to		in		Paragraph  13.01.B.1  or  specifically  covered			
								be		
	Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are	to			
	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		
									against Contractor for delinquent payments.				
	employed for	the	Work and charges					
																												
4.	Costs due to	the	negligence		of Contractor, any Subcontractor, or anyone directly or		
																		acts  any  of them  may  be liable,		
	indirectly employed  by  any  of them  or for whose			
	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.															
																											
Contractor's  Fee:  '.Vhen  the  \ftlork	as	a		whole	is	performed  on  the	basis		of  cost plus,		
Contractor's fee shall be determined	as	set forth in	the /\greement. When the	value of any		
																					adjustment	in		
Work covered by a Change Order, Change Proposal, Claim, set-off, or other					

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E.

Contract Price	is  determined on the basis of Cost of	the	Work,	Contractor'sfee shall	be		
determined as	set forth in Paragraph	11.04.C.						
								
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.					

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'scosts for unloading and handling on the Site, labor, installation,	overhead,		
				in		
		profit, and other expenses contemplated for the cash allowances have been included			
					
		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		
										initial Contract Price. Payments		to		
	the purpose of	comparison		of	Bids	and determining	an					
												
	Contractor for Unit Price	Work	will be based on actua I quantities.							
C.	Each unit price will be deemed to include an amount considered by Contractor to be adequate		
	to cover Contractor'soverhead 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		
											thereon	(by		
	determinations	on	such	matters	before	rendering	a  written	decision				
											written decision		
	recommendation of an Application									
		for Payment or otherwise). Engineer's						
	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.																		

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Within 30 days of Engineer'swritten 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		
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;				

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E.

F.

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'spurchase thereof for incorporation in the Work.									
Such	inspections  and  tests  shall	be	performed	by	independent	inspectors,	testing		
														
laboratories, or other qualified individuals or	entities acceptable to Owner and Engineer.			
If the	Contract Documents require the Work	(or part thereof) to be approved	by Owner,		
							
Engineer,  or another designated  individual	or entity,	then  Contractor	shall	assume  full		
										
responsibility for arranging and obtaining such approvals.										
If any Work (or the work of others) that is	to be inspected, tested, or approved	is covered by		
Contractor  without  written  concurrence	of	Engineer,	Contractor  shall,		if requested  by		
Engineer,  uncover such Work for observation.  Such	uncovering shall	be	at	Contractor's		
expense unless Contractor had given Engineer	timely notice of Contractor'sintention	to cover		
								such notice.		
the same and Engineer had not acted with	reasonable promptness in response to			

14.03

Defective Work											
A.	Contractor's Obligation: It is Contractor'sobligation 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,		
							it from the Project	and		
	or completed, or, if Engineer has rejected the defective Work, remove				
					
	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'sspecial 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		
					the cost of the inspection,		
	out of or relating to defective Work, including but not limited to			
	testing, correction, removal, replacement, or reconstruction	of such defective Work, fines		
							
	levied against Owner by governmental	authorities because the Work is defective, and the		
						final		
	costs of repair or replacement	of work of others resulting from defective Work. Prior to			
	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'sconfirmation that	such acceptance is in general accord with the design		
	intent and applicable engineering	principles, and will	not endanger	public safety). Contractor		

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shall pay all claims, costs, losses, and damages attributable	to	Owner'sevaluation of	and		
		approved by Engineer as to		
determination to accept such defective Work (such costs to be			
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 a Change Order.		
in the Contract Documents with respect to the Work shall be incorporated			
If the parties are unable	to	agree as to the decrease in the	Contract Price, reflecting	the		
						
diminished value of Work	so	accepted, then Owner	may impose a reasonable	set-off against		
							
							occurs  after final		
payments  due  under Article	15.	If the  acceptance of defective Work			
		appropriate amount to Owner.							
payment, Contractor shall pay an								

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		
							
					and then replace the		
	requested by Engineer,	uncover such Work for Engineer'sobservation,			

					expense.										
	covering, all at Contractor's														
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'srequest, shall uncover, expose,		
								testing as Engineer may require,		
	or otherwise make available	for observation, inspection, or			
	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,		
										testing,  and  of satisfactory  replacement	or		
		exposure,  observation,	inspection,  and				
					of		
		reconstruction (including	but not	limited	to all costs of	repair or replacement of work			
										the Owner shall	be		
										full discharge of this responsibility				
		others); and pending Contractor's									
		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,		
									. If the parties are unable to agree as to the amount	or		
		replacement, and reconstruction				
						
							within 30 days of the		
		extent thereof, then Contractor	may submit a Change Proposal			

		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		
										
							the completed	Work		
	materials or	equipment,	or fails to perform the	Work in such a way that				
						Work,		
	will conform	to the Contract Documents, then Owner may order Contractor to stop the			
	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		
							
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B.

C.

D.

Contractor fails	to	perform the Work	in accordance	with the Contract	Documents,	or	if		
Contractor fails	to comply with any other provision of	the	Contract Documents,	then Owner		
may, after seven days written notice to	Contractor, correct or	remedy any such deficiency.			
In  exercising	the	rights  and  remedies	under this  Paragraph  14.07, Owner shall  proceed		
expeditiously.	In	connection	with such corrective or	remedial action, Owner may exclude		
Contractor from	all or part of	the Site, take possession of all or part of the	Work and suspend		
Contractor's services	related  thereto,  and  incorporate	in	the  Work	all  materials  and		
										
equipment stored at	the Site	or for which Owner has	paid Contractor but which are stored		
elsewhere. Contractor shall allow Owner, Owner'srepresentatives, agents and employees,		
Owner'sother contractors, and Engineer and Engineer'sconsultants access to the Site	to		
enable Owner to	exercise the	rights and remedies	under this paragraph.							
All claims, costs, losses, and damages incurred or	sustained by Owner in exercising the rights		
and remedies	under	this Paragraph 14.07 will be charged against Contractor as	set-offs against		
payments due under Article 15. Such claims, costs, losses and damages will include but not	be		
limited to all costs of repair,	or replacement of	work of	others destroyed	or	damaged	by		
								
correction, removal,	or replacement of	Contractor'sdefective	Work.							
										
Contractor shall	not	be	allowed an extension of the Contract Times because	of	any delay in		
the performance of	the	Work attributable to the exercise by Owner of Owner'srights	and		
						
remedies under	this Paragraph 14.07.												

ARTICLE

15

-

PAYMENTS

TO

CONTRACTOR;

SET-OFFS;

COMPLETION;

CORRECTION

PERIOD

15.01

Progress Payments	
A.	Basis for Progress Payments: The Schedule of Values established as provided in Article 2 will	
	serve as the basis for progress payments and will be incorporated into a form of Application	
	for Payment acceptable to Engineer. Progress payments 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 payment is	requested on		
		the basis of materials and equipment not incorporated in the Work but	delivered and		
		suitably stored at the Site or at another location agreed to in .vriting, the Application	for		
				1						
		Payment shall also be accompanied by a bill of sale, invoice, or other	documentation		
		warranting that Owner has received the materials and equipment free	and clear of all		
		Liens, and evidence	that the materials and equipment are covered by appropriate		
		property insurance,	a warehouse bond, or other arrangements to protect	Owner's		
		interest therein, all of which must be satisfactory to Owner. Progress payments are to		
		be made only on installed material. no payments shall be made on stored material,		
		whether on or off site, unless prior written arrangements are made with	Owner.			

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C.

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.				
						
3.	The amount of retainage with respect to progress payments will be as stipulated in the		
	Agreement.						

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'sreasons for refusing to	recommend payment. In	the latter case,	Contractor		
	may make the necessary corrections and resubmit the Application.								
2.	Engineer'srecommendation of any payment requested in an Application for Payment		
	will constitute a representation by Engineer to Owner, based on Engineer'sobservations		
	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'sknowledge,	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'sbeing entitled to such payment appear to		
		have been fulfilled in	so far as	it is Engineer'sresponsibility 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'sWork for	the purposes of recommending		
	payments nor Engineer'srecommendation 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									
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D.

E.

	c.	for	Contractor's failure		to		comply	with  Laws	and  Regulations		applicable	to		
		Contractor'sperformance	of	the Work,	or														
	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'sopinion, 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.																							
Payment Becomes Due:																											
1.	Ten days after presentation of the	Application for Payment	to Owner 1Nith	Engineer's		
	recommendation,  the  amount	recommended  {subject	to	any  Owner	set offs)	'Nill		
												
	become due, and when due	1			be paid by Owner to Contractor.	Owner shall make		
			Nill			to the provisions	of		
	payment to the Contractor in	the	amount recommended (subject				
							
	this Contract) in accordance with		the prompt	payment provisions contained in Sections		
													due	to		
	218.735	and	218.74,  Florida	Statutes.		Contractor  shall  make  payments				
												
				within  ten  (10)  days in  accordance with the  prompt		
	subcontractors  and	suppliers			
																218.74,	Florida		
	payment provisions contained	in Section 218.735(6),  218.735(7},	and				
													the Landowner.						
	Statutes.  Invoices from the Contractor should be	directed to							
Reductions in	Payment by Owner:																								
1.	In addition	to any reductions		in payment (set-offs) recommended	by Engineer, Owner		
														
																	following:						
	is	entitled to	impose a set-off against payment based on any	of the							
	a.	claims have been made against Owner on account of Contractor'sconduct in the		
		performance or	furnishing	of	the Work, or	Owner	has	incurred costs, losses, or		
		damages on account	of	Contractor'sconduct in	the	performance	or furnishing	of		
										
		the Work,  including		but	not		limited to claims,	costs,  losses,  or damages	from		
									and		
		workplace injuries,	adjacent	property		damage, non-compliance	with	Laws			
																						
		Regulations, and patent infringement;																

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15.02

		b.	Contractor has failed to take reasonable and customary measures	to	avoid damage,		
			delay, disruption, and interference	with other work at or adjacent to the Site;						
																								
		c.	Contractor	has failed to provide and maintain required bonds or insurance;						
		d.	Owner	has	been required	to	remove	or	remediate a Hazardous	Environmental		
																		
			Condition	for which Contractor is	responsible;																
		e.	Owner	has	incurred  extra	charges	or  engineering	costs	related  to	submittal		
			reviews, evaluations	of proposed	substitutes, tests and inspections,	or return visits		

			to manufacturing or	assembly	facilities;																	
																											
		f.	the Work	is	defective, requiring correction or replacement;												
		g.	Owner	has	been required to correct defective Work in accordance	with	Paragraph		
			14.07,	or has accepted defective Work	pursuant to	Paragraph 14.04;								
		h.	the Contract Price	has been reduced	by Change Orders;													
																							
		i.	an	event	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'sfailure	to	achieve		
																									
			Milestones, Substantial Completion,	or	final completion ofthe Work;								
																						
		k.	Liens have been filed in connection	with	the Work, except where Contractor		has		
						and		
			delivered	a specific bond satisfactory	to	Owner	to secure	the	satisfaction			

			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		
									the		
		written	notice (with a copy to	Engineer) stating the reasons	for such action and				
		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'srefusal of payment	was not	justified,		
		the	amount wrongfully withheld shall be treated as an	amount due	as	determined by		
		Paragraph 15.01.C.l	and subject to interest as	provided in the Agreement.								
Contractor's Warranty of	Title																											
A.	Contractor warrants and guarantees that title	to all Work, materials,	and equipment furnished		
					other title defects,		
	under the Contract will	pass	to Owner free and clear of	(1) all Liens and			
	and	(2) all patent, licensing, copyright, or royalty obligations, no later than seven days after		
	the	time	of payment by Owner.																								

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15.03

Substantial Completion																																	
A.	When Contractor considers the entire Work	ready for its intended use Contractor shall	notify		
	Owner and Engineer in writing	that the	entire Work	is substantially complete and request that		
	Engineer issue	a certificate of	Substantial Completion. Contractor shall at the		same time		
	submit to Owner and Engineer	an initial draft of punch list items	to be	completed or	corrected		
	before final payment.																																
B.	Promptly after	Contractor's	notification,	Owner,	Contractor,	and	Engineer shall	make	an		
																					
																	If Engineer does not	consider		
	inspection of the Work to	determine the	status of	completion.				
	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		
														
									fix	the	date of		Substantial		
	preliminary	certificate	of	Substantial	Completion	which	shall							
	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		
															as to any provisions	of the		
	certificate during which to make	written objection to Engineer				
				of	the		
	certificate or attached punch list. If, after considering	the	objections	to	the	provisions				
	preliminary	certificate,	Engineer	concludes that	the	Work	is		not	substantially		complete,		
																		
																				to	Owner,	notify		
	Engineer will, within 14	days	after submission	of the preliminary certificate					
											
	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'sobjections Engineer concludes	that	the Work is substantially complete,	then Engineer		
													
																									of		
	will, within said 14 days, execute and deliver to Owner and Contractor a final certificate			
	Substantial Completion	(with a revised	punch list of items	to	be	completed	or corrected)		
																
																		justified after		
	reflecting such changes	from		the	preliminary certificate	as	Engineer believes			
																	
	consideration of any objections	from Owner.																					
D.	At the time	of	receipt of	the	preliminary certificate of Substantial Completion,	Owner and		
						Substantial		
	Contractor will	confer regarding Owner'suse or occupancy of the Work	following			
						builder's		
	Completion, review the	builder'srisk insurance policy	with respect to the end of the			
	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,		
																of the Work,	property		
	Owner shall	bear	responsibility for security,	operation,	protection				
								of the	Work.				
	insurance, maintenance, heat, and utilities	upon Owner'suse or	occupancy						
																								
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'sLocal	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.																

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15.04

Partial	Use or Occupancy																							
A.	Prior to Substantial Completion	of all the	Work, Owner may	use or occupy	any substantially		
						Documents,		
	completed part of the Work which has specifically been identified in the Contract			
								
	or	which Owner, Engineer, and Contractor	agree constitutes a separately functioning and		
											purpose	without		
	usable  part of the	Work that	can	be	used  by Owner	for	its  intended				
	significant interference with Contractor'sperformance	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,		
														
																						15.03.A		
		Contractor,  Owner,  and	Engineer	will follow	the	procedures  of Paragraph			

		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		
								completion.		
		shall make	an inspection of that part	of the Work		to determine its status of			
		If Engineer does  not consider	that	part of the		Work to  be	substantially	complete,		
										If		
		Engineer will	notify Owner and Contractor in writing	giving	the reasons		therefor.			
		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'srisk	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		
						Contractor may		
		documents	(as  provided in Paragraph 7.11), and other	documents,			
								
		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;						
											
		E.JCDC®  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 of Civil Engineers.  All rights reserved.   Page lxiv						

B.

C.

D.

	b.	consent of the surety,	if any, to final payment;																
	c.	satisfactory evidence	that	all title	issues have been resolved such that title		to	all		
		Work, materials, and	equipment	has passed to	Owner free and clear of any Liens		
		or other title defects,	or will so pass	upon final payment.											
	d.	a list of all 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.																								
Engineer's Review of Application and Acceptance:																	
1.	If, on the basis of	Engineer'sobservation 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'sother 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'sopinion	to protect Owner from loss for the reasons stated above with respect		
	to progress payments. At the same	time	Engineer will also give written	notice to Owner		
	and Contractor that the Work	is	acceptable, subject	to	the	provisions of Paragraph		
	15.07. Otherwise,  Engineer will  return	the Application	for	Payment to Contractor,		
	indicating in writing the reasons for refusing to	recommend final payment,	in which case		
	Contractor shall  make the  necessary corrections	and	resubmit	the	Application  for		
																	
	Payment.																									
Completion of Work: The Work is complete (subject	to surviving obligations) when it is		ready		
										written recommendation of final payment.		
for final payment as established by the Engineer's																	
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'srecommendation, 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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General

Conditions

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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		
									Paragraph  15.05,	from		
	defective  Work	appearing	after	final	inspection  pursuant	to				
										
	Contractor'sfailure 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		
								
				other than those pending matters	that have been	duly		
	claims and  rights against Owner					

	submitted or appealed under the	provisions of Article 17.								

15.08

Correction Period													
A.	If within	e»etwo year~ after the date of Substantial Completion (or such longer period of time		
	as  may	be prescribed  by the terms of	any applicable	special guarantee required  by the		
				Contract Documents), any Work is		
	Contract Documents, or by any specific provision of the			
	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		
									
						and Regulations, is found	to be		
	adjacent areas used by Contractor	as  permitted by Laws				
						Owner and in accordance	with		
	defective, then Contractor shall promptly,	without cost	to				

	Owner'swritten 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		written instructions,	or in		
			of Owner's								
	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.		
				all fees		
	Contractor shall pay all claims, costs, losses, and damages	(including but not limited to			
								or		
	and charges of engineers, architects, attorneys, and	other professionals and all court			
	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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C-700 (Rev.

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General Conditions of the Construction Contract.

Copyright©

2013

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Page lxvi

E.

Contractor'sobligations under this paragraph	are in	addition	to all other	obligations		
			be construed as a substitute	for,		
warranties. The provisions of this paragraph shall	not				
					
waiver of, the provisions of any applicable statute	of limitation	or repose.				

and or a

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'spersistent 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'sdisregard of Laws or	Regulations of any public body having jurisdiction;	or		
						
	4.	Contractor'srepeated 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		
																		
																					a declaration		
	Contractor (and any surety) ten days	written	notice that	Owner	is		considering			
									to:				
	that Contractor	is	in default and	termination of the contract, Owner may proceed					
									
	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		
																
																							the		
	possession	of the	Work, incorporate in the Work all materials and equipment stored at			
	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		
															
											If the unpaid balance	of the Contract		
	receive any further	payment until the Work is	completed.				
	Price exceeds the	cost to complete the	Work, including all related	claims, costs, losses, and		
															
	damages (including but not limited	to	all fees and charges of engineers, architects, attorneys,		
		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 of Civil Engineers.  All rights reserved.	Page lxvii													

16.03

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		
		Owner. Such claims, costs, losses,		
such unpaid balance, Contractor	shall pay the difference to			
				and,		
and damages incurred by Owner will be reviewed by Engineer as to their reasonableness			
			
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'sservices have been so terminated by Owner, the termination will	not		
	affect any  rights  or  remedies	of	Owner against  Contractor then	existing or	which	may		
		or remedies of Owner against Contractor or any surety under		
	thereafter accrue, or any rights			
	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.													
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.	In	such		
	case, Contractor shall	be paid for (.vithout duplication of any items):								
								1												
	1.							1					with the Contract Documents		
		completed and acceptable Nork eimcuted in accordance									
		prior to	the	effective date	of	termination,  including fair and  reasonable  sums for		
		overhead and profit on such Work;											
	2.	eicpenses sustained prior to the effective date of termination in performing	services and		
						in		
		furnishing labor, materials,	or	equipment as	required by the	Contract Documents			
									
				1						Work, plus fair	and reasonable sums for overhead and		
		connection Nith uncompleted												
		profit on such eicpenses; and												
	3.	other reasonable eicpenses directly attributable to termination,	including costs incurred		
										
		to prepare a termination for convenience	cost proposal.									
													
	In	such	case,	Owner will pay	to	Contractor all amounts due and	not	previously	paid	to		
	Contractor for	Work completed in accordance with the Contract prior to	such notice, as well		
	as	the cost of	reasonably protecting Work in place, and for Work thereafter completed	as		
	specified in such notice, as well as	release and payment to Contractor of all retainage	held by		
			for any		
	Owner related	to	the portion	of	the Work completed. No payments will be made			
	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 necessarythetoextent			to protect Work in place;								

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General Conditions of the Construction Contract.

Copyright© 2013 National Society of Professional Engineers, and American Society of Civil Engineers. All

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of Engineering Companies,

Page lxviii

16.04

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 Landowner of all purchase orders and Subcontracts to the extent they		
	relate to the performance of Work terminated or assign to Landowner those orders		
	and Subcontracts and revoke agreements specified in such notice;		
4.	Reasonably assist Landowner, as specifically requested in writing, in the maintenance,		
	protection and disposition of property acquired by Landowner under the Contract, as		
	may be necessary;			
5.	and			
	Complete performance of any Work which is not terminated;			
6.	Deliver to Landowner an affidavit regarding the identity of unpaid potential lienors		
	and the amounts due to each.			

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'sstopping the Work as permitted		by		
					
	this paragraph.														

ARTICLE

17 -

FINAL

RESOLUTION

OF

DISPUTES

17.01

Methods and Procedures			
A.	Disputes Subject	to	Final  Resolution: The following disputed  matters are subject to final	
	resolution under	the	provisions of this Article:		
	1.	A timely appeal of an approval in part and denial in part of a Claim, or of a denial in full;	
		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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Page lxix

B.

C.

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.								
													
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'sfees 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		
			falls on a		
	the first and include the last day of such period. If the last day of any such	period			
					
	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		
								
								in		
							be construed			
	available hereunder to the parties hereto are in addition to, and are not to				
					
	any way as a limitation of, any rights and remedies available to any or all of them	which are		
			or		
	otherwise imposed or available by Laws or Regulations, by special warranty	or	guarantee,			
						
	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		

			nor any of their supervisors,	staff, officers,		
	other matters at issue, neither Owner nor Engineer,				
							
	directors, members, partners, employees, agents, consultants,	or subcontractors, shall be		
				on	or in		
	liable to Contractor for any claims, costs, losses, or	damages sustained by Contractor				
						
	connection with any other project	or anticipated project.							

EJCDC®

C-700 (Rev.

1),

Standard

General

Conditions

of

the

Construction

Contract.

Copyright©

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

18.05

No Waiver

A. party'sA	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'ssovereign	immunity or the	Owner'slimits 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 after assignment to the CDD all documents	of any		
	kind provided to the Landowner in connection with this Agreement may be considered	public		
				
	records in accordance119,with Chapter	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.

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

of

Civil

Engineers.

All

rights reserved.

Page

lxxi

INSURANCE

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

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

ARTICLE

6-

BONDS

AND

INSURANCE

6.03	Contractor's liability Insurance	

Add

the

following

new

paragraphs

after

Paragraph 6.03.J. of the General Conditions:

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:					
								or		
								of statutorily  required	amount				
	a.	State  Worker's	Compensation  -	Greater						
											
								aggregate/ $1,000,000	per disease				
		$1,000,000 per occurrence/ $1,000,000						
									
	b.	Applicable  Federal	(e.g.,  United  States  Longshoreman  and  Harbor Workers'		
					Act, etc.) -  Greater of statutorily required	amount	or		
		Compensation Act, Jones					
												
		$1,000,000													
	c.	Employer'sLiability	- $1,000,000									

2.

Commercial  General  Liability	Insurance	under  Paragraph  6.03.B.	of		
								
Conditions:						Damage, per		
a.	Bodily Injury, Sickness, Disease or	Death, and Property			
							
	$2,000,000					Death,  and Property	Damage,		
b.	Bodily Injury, Sickness,  Disease or				
						
	$2,000,000										
c.	Products-Completed	Operations -	$2,000,000					
										
d.	Personal and Advertising Injury-	$2,000,000					
e.	Property Damage	liability insuranceprovidewill					
											
	Explosion, Collapse, and Under-ground coverages					
	where applicable.										

the	General	
Occurrence -	
Aggregate -	

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		
			
clean-up costs)	$1,000,000		

property

damage claims, including

5.

Protection and Indemnity Insurance	$1,000,000	

L.

M.

N.

0.

6.		The Contractual Liability	coverage required by paragraph	6.03.C. of the		

		General Conditions shall provide	coverage for not less than	the	following		
												
		amounts:															
		a.	General Aggregate						$2,000,000				
															
		b.Injury	Bodily		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)		$3,000,000				
											
		b.	Each Occurrence							$3,000,000				
																
The Contractor'scommercial general liability,	contractual	liability,	automobile liability,		
umbrella, and pollution liability	policies shall include and list as additional insureds the		
													members,		
following: Owner, Engineer, and Holly Hill Road East COD, and their	respective			
				
parents,   partners,  subsidiaries,   affiliates,   officers,   directors,   supervisors,   staff,		
consultants, agents, subcontractors and employees.								
Such insurance as listed above	is	in addition to	all other insurance required under the		
Contract.																			
In the event	of a conflict between this	Agreement and	the	Addendum	to	Standard		
Agreement Regarding Insurance Requirements, this Agreement	shall control	to	the extent		
							
necessary to	resolve such conflict.														
The Contractor agrees	to coordinate with	the retaining wall contractor the timing and		
construction	of the retaining walls and to	ensure that the initial cut and any fill material		
needed to	be backfilled	is provided on-site.	The	retaining wall company	will be hired		
directly by	the owner or	the COD.	The Contractor will also supply the contact information		
for their geotechnical engineer	so that the owner can hire directly	for compaction tests		
							
on the retaining wall.																	

CITRUS POINTE

OFFICIAL PROPOSAL FORM		
HHR EAST, LLC		
AND AMENITY CENTER	INFRASTRUCTURE		
			
CITY OF DAVENPORT, FLORIDA		

IMPROVEMENTS

TO BE SUBMITTED TO:

HHR EAST, LLC

Dennis Wood Engineering,

Attn:  Dennis L. Wood

1925 Bartow Road

Lakeland, Florida 3380

LLC

l

Due by

5:00

PM

EST, Monday, August 13, 2018

TO:

HHR

EAST, LLC

FRoM:

__,~\-kC-·t_e__r~~=o.~"i~f\i=~
(Name of Proposer)  J  '

-~'~l\l~C:..~-------

In	accordance with the Request	for Proposals	inviting proposals	for	HOR East, LLC -	Construction		
							the  undersigned		
Services  for  Citrus  Pointe  and  Amenity  Center  Infrastructure  Improvements			
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,  and	installation	of		
							
stormwater management improvements	as shown on the  Plans, and described	in the Specifications, as		
							
prepared by:  Dennis Wood Engineering LLC, dated July 24, 2018.								

All Proposals shall be for complete will be considered non-responsive.

Work

in

accordance with the Plans.

Qualified

or

partial Proposals

PRICE

Proposer submits that it can petfonn		
Price of	:J	.;l9	'] t9		
		3	1		
			Summary.		
described in the Proposal			

the 2:i

work described .17

in this Project ($

Manual for a ) as

Total Lump Sum 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		perfonnance	of the Work, and having knowledge of the		
expense and difficulties attending	performance of the Work, and having fully inspected	the site in all		
					
			this Proposal	is accepted, to enter into the Construction		
particulars, hereby proposes and agrees, if				
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		
				materials  and  equipment	required  to  be		
completion	of the	Project  and  the  furnishing  of all				
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		
	SUM	PRICES  as		
Contract Documents  to  be perfonned or furnished  by  Proposer for the  LUMP				
						
indicated in the Proposal Summary.												

Tl'.\IIE

Proposer submits that  it can reach  Substantial	
Manual within	17 0	
Proceed.		

Completion
(

of

the work ) days of

described in this Project the issuance of a Notice to

The undersigned Proposer agrees to commence	work within thirty (30) 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	
Landowner.			

DOCl'.MENTS

AND ADDE~DA

The Proposer submits that he has carefully examined the site or 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 Fonn of Agreement,	
Amendments, General Conditions, Supplementary Conditions, the Plans, 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.	j_	
Addendum No.	_,2,__ __	

Dated:  _'.J_;L'1  / I 2:)

Dated:  __h__i~ l(c

Addendum No.

__

_

Dated:

__/

__/__

Addendum No.

__

_

Dated:

---------II

This

IA.·H~ _U

day

fu of~

- /4	/ r	:::;::t:,_.\	··==a-		
(Signed)'		~		
Loi cu	D. \	LkC}{.Q.,,	li.	
(Print Nat\ie of Signatory)		
, 2018.	(Corporate Seal)		

-2.. 'fk_
Sworn to before me this  f-..J

day

of ,Au..g=m:·

, 2018.

(Notary Seal)

Mel\ssa Woolmer

NOTARY PUBLIC

STAiE OF FLORIDA

Comm# GG147674

Notary Public/ Expiration Date

Expires

10/2312021

2

ORGANIZATION INFORMATION OF PROPOSER HHR EAST, LLC

DATE

CITRUS	POINTE AND AMENITY CENTER INFRASTRUCTURE IMPROVEMENTS	
	CITY OF DAVEN PORT, FLORIDA	
suBMITTED:	A°5us-l.	13	.201s	

I.

Proposer

Tut.Ktr  ~Cu}1~	l	
(Company Na	)	

INC•

I	I A Individual	
I	J A Partnership	
IJ ~Limited Liability Company	
/f:!'ACorporation	
IJ A Subsidiary Corporation	

2.

Proposer's Parent Company Name

(

if

applicable)

-=--tJ--'-+'lf\_..________________

_

3.

Proposer's Parent Company Address (if applicable}
Street Address __________________________	,_·~·~~,-		
					
P.O. Box (if any) ___________________________	_			
				
City _____________ State _________ Zip Code _____		
Telephone ______________	Fax No.	__________	_					

1st Contact Name _______________	Title ___________	_		

2nd  Contact Name ____________ Title ___________	_					

4.

5.

Proposer Company Address (if different)
Street Address~ U1-Q f\~+rcd		~d •					
								
P.O. Box (if any) ___________________________	_		
			
city  \~, ater HcLverJ	State	f L	Zip Code 331':,1)	I			
Telephone(fu:>) 299- L7Jo L		FaxNo.~) 194-\D.Jl					
Telephone ______________	Fax	No.------,--------				
							
1'1Contact Name  LDJ(~ • D-	Tut (.Q (	:rt	Title -.~..;_rt'."__,S..._'l,.,,,d=e"-''O:...._l..._·-----		
2nd Contact Name \(}__-t((('1L  &:~6t-cd		TittetX.e.f',Lt..i, ve,  i+>					
Is the Proposer incorporated in the State of Florida?  Yes 6 No(_)					
5.1If yes, provide the following:									
Is the. C)Jmpany in good standing with the Florida Department of State, Division of Corporations?			
Yes(!')  No U									
Ifno, please explain -'t:J<-----'-\~fA~.____________________	_				

5.2

Date Incorporated   5,, 2)lCf5	Charter No. _________	_		
				
Ifno, provide the following;						
The state in which the Proposer company is incorporated ___________	_			
					
Is the company in good standing with the state?  Yes (_l  No(_)					
Ifno, please explain _______________________	_			

6.

	Date incorporated _____________	Charter No. _________	_		

Is the Proposer company a registered or licensed contractor with the State ofFlorida?	Yes ~o Ll			
					
6.1	If yes, provide the following:												
	Type of registration (i.e. certified	general contractor, certified electrical contractor, etc.)				
													
	C:o±Atd ~ero.l ~tta::: , . Q.-ertSa: 11	\ \od~ud	tl:-h i ;~		
	-l)  (		~\27.sYZ	.	ExpirationDate~<c)			
	LicenseNo.l(:;\{' QACS									
										ol ~~		
	Qualifying Individual   TE:XJ:e\\	:Iu.RX,.QC			Titteb·,c:eQ:\\X			
						tv;~ I				
	Ust eomp,ny(ies) '""'"ti'	undo, this"""'' I	e,lQj'.Qf		INC:.  .			
	qualified								

7.

8.

9.

6.2	Is the PjOposer	company a registered or licensed Contractor with Polk County?		
				
	Yes (}/NoU			

6.3	Has theproposer company performed work for a community development previously?

Yes{IJ NoU
					,cj-h.J	\Jl::u/u.OQJL	Q.(.)y\~()y		
Name of Proposer's Bonding Company\\~ • ¥(\'	\								
				....-										_			
Address _______________________________				
				
Approved Bonding Capacities:	Aggregate Limit				$~, {)::fJ t	0-:)Q		··		
					$&j, 6.).::i	000				
				Single Project Limit									
									,9		1					
				Tptal Current Conp;acts Bpnded			$		u~ t~				
					'Altii.vcsiie:e:	; ,;.;re,,			
											
Name of Proposer's Bonding Agency 'Ne 1 ~c t::i'rY1103				-\l., 331SQ<j			
Address~9	\:::,lGQ(~	~\)~ \...4!\e,	lGt'Q.\(1(\(.\				
											1						
Contact Name  J':::,QQ	V\\f,.t.E)Qer:			Telephonirul~)B.;ft9?>25		
									
List the Proper's total annual	dollar value of work completed for each of the last three (3)	years starting	with		
			~ear (2015)	27, Ol).:)			.							
																
the latest year and ending with the most current			1	Q'.X::)							
		1											
(2016~,o::-o, Q,)(\, (2017)/...\t) 1()1.):),@												

2

10.

11.

What are the Proposers' company's current insurance limits?			
General Liability	$	~ I C!.P				
	$	I I	~j Ci).)				
Automobile Liability							
	!J	it5	~ '€?~	(1	\\ 9		
Wo~ker.s Compensation							
	. $						
Exp1rat1on Date					
Has the Proposer company	been ciJ,ed by OSHA for any job site or company	office/shop safety violations in		
					
the past two years?  Yes U	No (yf				
Ifyes, please describe each violation fine, and resolution _________________	_		

What is the Proposer's current worker compensation rating?	_~_'O q		

_

Has
as a

the Proposer experienced any worker result of the injury in the past two (2)

injuries resulting in years? Yes U No

a ~rker (!1

losing

more than ten

(

10)

working days

If

yes,

please describe the incident:

12.

Please state  whether or not your company  or any	of its affiliates are presently barred or su~nded	from		
bidding or contracting on any state, local, or federal-aid contracts	in any state(s)?  Yes L) No(~			
					
lfso, state the name(s) of the company(ies)	__________________	_			

13.

The state, local or federal entity(ies)	with whom barred or suspended	_____________	_		

State the period(s) of debarment or suspension _________________	_			
				
What is the construction experience	of the proposed superintendent	and project manager?				
							
	PRESENT POSITION	MAGNITUDE	AND		YEARS OF	INWHA1		
1					CONSTRUCTION			
						CAPACITY?		
									
INDI\ IDl AL'S !'1.\ME	OR OFFICE	T\IPE OF WORK		EXPERIENCE			

14.

Have
Ifso,

you ever failed to complete	any work awarded to you?  Yes(_) No~	
where and why? ____________________________	

_

15.	Has any officer or organization tha!)tas
YesL) No<Jt'

partner	of	your  organization	ever  been  an  officer,  partner,  or  owner		
				contract?		
failed to complete a construction			

of

some  other

3

Ifso, state

name

of

individual,

other organization and

reason

therefore-------~"

~~~

,

16.

List any and all litigation to which the organization has been a party in fivethe last	(5) years,		

	?D\ LD , v,:ckv i -1\S:,.	1		
\ 0		fz),		
		SJ-'ot:uf)tf<,lC		
=~ ~~!t·	1::~		

-\u1U	d  :rt) i~l	1 ~t.i	
~:~~-~+~z·	

a.b.-e:	::b	se\\\f:	trf'i..·,o	{)'\Qo.·,c,,:hY\	.		

17.

Has organization or any of its	affil~es	ever been either		
				
governmental entity?  Yes (_)  No ~			
lfso, discuss the circumstances	surrounding such denial or		

disqualified or

disqualification

denied

as well

prequalification status

as the date thereof.

by

a

18.

19.

Within the pastjive (5)	years, has organization	failed to complete a project within the scheduled contract time?		
					
Yes(_) No(}1					
If so, discuss the circumstances surrounding such failure	to complete a project on time as well as the date		
thereof.					

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).		

clcl\\ l)MQ,,"\	(\Yooo,do Sr-·1/\~'),	~Drmncch ~		\½el5\J..;t~			

4

The undersigned hereby authorize(sl and request(sJ any person, firm or corporation to furnish any pertinent	
information  requested  by  the  HHR  East,  LLC  or their authorized	agents,  deemed  necessary  to  verify the	
statements made in this application	or attachments hereto, or necessary to determine whether the HHR East,	
LLC 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,	

"\-\.l This~

day

'
of  A.i,?:Y&*

By:~-:3'~

l ncni Q. 7uct'.R[ \\    ~,:es<loot
(Type Na  e and Title of Person Signing)

, 2018.

(Corporate Seal)

Sworn to

before

me

this

\

er-\A

day

of

~~1.,~	, 2018.	

(Seal) ~~;,,,,

Notary Public/ Expiration Date

Melissa wootmer

NOTARY PUBLIC

STATE OF FLORIDA

Comm# GG147674

Expires 10/23/2021

5

Company

Name

Tu.C,X.Q.f

CORPORA TE OFFICERS

\L.\Ji/\.5	I N0.,_

1

Date~\

1,3

\It>

Provide the following information for Officers of the Proposer nnd parent company,	if any.		

NAME OF PROPOSBR
l~\\...\ D. ~\ I\~\'\;)'I

POSITION OR TITLE

~,d-ev------\-

(;ORPOR,\TE RESPONSIBILIIIE;S

(\--e.s\c\~

INDlVIDUAVS RESIDENCE
CITY STAl'E
W'~-\Q ~ .+L

i;}o..t-?1 r )l -

\~'Ve-l\

bu.,s\-ed ' \f'rfor

b-		vf		
~,,n1d\\'if'			
l:>.l"C..~	J.,	SM..i.--ct... -'		
		I		

\J t> \}f

~dee,~L 'fl\~\kl~ \ ~,

FOR

PAREN'I

CO

MN.NY

(if

applicable)

Company

Name

:Ju0.k'. 0 (

\k\i\

,A

~

\

St:PERVISORY

\ rJ0 .

PERSONNEL

Date

<:-6

\

(d

\l

%

What is resumes

the of

experience of the key management	and		
			
key personnel here)			

supervisory

personnel

of

the Proposer company for

both administration

as

well as operations? (Attach

INDIVIDUAL'& NA!\1.E

PRESEr.T TlfLE	DESCRIPTION OF DffiECf	JOB		
				
	RESPONSIBU,lUE:S			

YFARSOF EX"FERIENCE Th' PRESENT POSITION

fOTAL YEARS OF ,~RELATED EXPERIENCE

J.l\Q ~,, 't,. I~~

~"'f:,..f' lxve:t:-'

\;«)\~	\J.c.r 4cfJ	-		
				
		~			
J~:,J\-"'-~"--&,,.?,e.			
~-	fu.Jff'.			
				
	\	'			

~~~	_,f"		
	Mfil\O~CJ		
E°&f+IJ,..WNL IJ		
~.Je			
'			

B
LS1 I'--\

1J....o I~

,	TUCKER		
	Pavin~!		
	WhHtft·JCil		

MIKE FELIX PROJECT MANAGER

Mike has moved up the ranks	within the construction industry and began his career	in 1999 working in		
						
				Paving in 2009 as	a project	manager and has had the		
.	He started with Tucker					
residential construction															
opportunity to oversee numerous projects. His responsibilities include managing day-to-day operational		
aspects of projects and scopes.	He plans, directs and manages designated projects while ensuring that		
					in accordance with the outlined	priorities.		
the set objectives of the Tucker Paving team are accomplished				
				
					the  project		
He  coordinates  the  successful  simultaneous		development  of  several  projects  within			
						
management department.	Mike delegates 1he	project	responsibilities and completion schedules, while		

also reviewing project status reports and submittal packages.								

EDUCATION

B.S. Construction Management

CERTIFICATION/TRAINING
Basic First Aid/ CPR

RECENT SUBDIVISION EXPERIENCE

Highland Meadows 2B

Cassidy

Highland Meadows 3

Cassidy

Highland Meadows 5 and SA

Cassidy

Highland Meadows 6 and 6A

Cassidy

Hallam Preserve

Southern Homes

£.

TUCKER
Pavin~!i
Wf'IMIPIFHGII

JOSE LOPEZ PIPE SUPERINTENDENT

													.		
Jose began working for Tucker Paving	over 14	years ago	and has been a valuable asset to the company		
								the civil construction	industry.		
		had	4 years'experience	in				
Prior to coming to Tucker Paving	he	already							
									
	company  with	his  knowledge	and  expertise  and  is  now  our  pipe		
Jose  has  excelled  through  the					
						with each of the	projects and		
	.	He supports the crews	on a daily basis				
								
superintendent for the company								for the pipe crews and maintains the		
coordinates with other trades on the projects. Jose is responsible				
			to meet the schedule needs and		
schedule for each project. He works closely with the project managers			
						
coordinates deliveries	of material from suppliers and vendors.	He focuses on maintaining a positive work		
						He builds strong relationships		
environment and ensuring successful project outcomes from his teams.			
			open and		
between the superintendents and the general contractor by keeping	the lines of communication			

maintaining proper documentation for each project.										

CERTIFICATION/TRAINING

Trench Safety

Basic First Aid/ CPR

OSHA30 Hour

Excavation Training

Confined Space Training

RECENT SUBDIVISION EXPERIENCE

Highland Meadows	28		
			
Cassidy		
Highland Meadows 3		
Cassidy		
Highland Meadows 5 and 5A		
Cassidy		
Highland Meadows 6 and 6A		
Cassidy		
Hallam Preserve		
Southern Homes		

;"

TUCKER Pavi~z Pl·lf itltl'P fl

STEVE DAWSON EARTHWORK SUPERINTENDENT

Steve	has over 26	experience within the site construction	industry.	He		
		years'	meet the	needs of the project as		
Tucker Paving manpower and equipment to				
scope.								

coordinates	scheduling	of		
				
it relates to	the	earthwork		

CERTIFICATION/TRAINING
Trench Safety

Basic First Aid/ CPR

OSHA30 Hour

Excavation Training

Confined Space Training

Heavy Equipment Operator

RECENT SUBDIVISION EXPERIENCE

Highland Meadows 2B

Cassidy

Highland Meadows 3

Cassidy

Highland Meadows 5 and SA

Cassidy

Highland Meadows 6 and 6A

Cassidy

Hallam Preserve

Southern Homes

		CO:\'IPANY OWNED MAJOR EQUIPMENT		
	lt.1- f\ If Oa	(Attach additional sheets if necessary)		
Company Name		~ \~h AC	\f\.f(\ .		
		.j			

Date	~i13l1i

No.LOCATED IN

QlJANTITY
~ G-_-\'L0 h /J 1

DESCRIPTION

C.APACITI

f'LORIDA	OTHER

	Make	I	ID#		
Tucker#  ~		Model			
Excavator					
CTH-1	Cat	329FLT4	ER100697		
, CTH-2	Cat	329FLT4	ERL00842		
TH-3	Komatsu	PC-490LC-11	E0003537		
TH-4	Komatsu	PC-228USLC-10  E00036804		
TH-5	Komatsu	PC-360LC-ll	E00035474		
TH-6	John Deere JD-SO			
CTH-7	Cat	329FLT4	ERL00698		
TH-8	Komatsu	PC490			
TH-9		PC-35	I		
	Komatsu				
TH-10	Cat	305.S E00033473		
TH-11	Cat	305.5 E00035944		
TH-13	Komatsu	PC-360LC-11	E00035277		
TH-14	Cat	311FLRRT4	KCW00219		
TH-15	Cat	311FLRRT4	KCW00197		
TH-16	Cat	320ELRRT4	TFX01275		

Serial#

OERL00697

OERL00842

A41095

1845

A35111

276646

OERL00698

35037

FLZ01453

FLZ00345

A35090

OKCW00219

OKCW00197

OTFX01275

TH-17 CTH-18 TH-19 TH-20 TH-21 Tucker#

Komatsu		PC-360LC-11	E00037786	A35470		
Cat		329FLT4	ERL00672	OERL00672		
Komatsu		PC-360LC-11	E00033765	K64011		
Cat		336ELHT4	RZA00346	ORZA00346		
Cat		336ELHT4	RZA00441	ORZA00441		
			-	Serial#		
Make	..	Model	ID#			

						

;, D-1 D-2 D-3 D-4 D-5 D-6 D-7

Komatsu	D51-PXl-22

Komatsu	061PXi-23

Komatsu	D61PXi-23

Komatsu	D39PX-24

John Deere 650K

John Deere 650K

Komatsu	D39

E00035721 E00037059 E00037822 E00039541 89826 89047 E00039543

814234

31594 31802

DM6513 1T0650KXCEE256818 1T0650KXPDE253864 DM6608

Tucker#

V_Roller

VR-1

Make

Hamm

Model

H71-VIO

ID#

E00038945

Serial#

H2220760

VR-2 VR-3 VR-4 VR-5 VR-6 VR-8 Tucker# W. Truck WT-1 WT-2 WT-3 WT-4 WT-5 WT-6 WT-7 WT-8 Tucker# Loader

Hamm	· H7I-VIO		
				
Hamm		H7I-VIO		
IR (Flagler)	SD-45D-TF		
			
Hamm		H7I-VIO		
Hamm		H7I-VIO		
IR (Flagler)	SD-45D-TF		
			
Make		: Model		
Kenworth		WT2450		
Peterbilt		3308		
				
Kenworth				
Kenworth				
Kenworth		WTSOOO		
				
Freightli ne 1WT2450		
Cat		725CWW		
Freightline1 WT2300		
Make		Model		

E00037285 E00037103 E0002442 E00037899 E00039310 E00024418 ID#

M362779 E00033864

GJ480852 HHJB3092 TFB00206 HHHX6044 ID#

H2220447 H2220443 188042 H2220126 H2220775 187639 Serial#

M362779 8M759150 3539 157735 GJ480852 HHJB3092 0TFB00206 1FVACXDT0HHHX6044 Serial#

CL-1 CL-2 CL-3 L-4 L-5 L-6 L-7 L-8 L-9 L-10 L-11 L-12 L-13 L-14 L-15 L-16 L-17

Volvo

Volvo

Volvo

Komatsu

Komatsu

Komatsu

Komatsu

John Deere

Komatsu

Komatsu

Komatsu

Cat

Komatsu

John Deere

Komatsu

Komatsu

Komatsu

L110H

LllOH

Lll0H

WA270-7 (Pipe)

WA270-7 (Pipe)

WA250 (Base)

WA250 (Base)

524K

WA380-7 (Pipe)

WA270-7 (Pipe)

WA270-8 (Pipe)

926MQCT4

WA270-7 (Pipe)

524K

WA270-8

WA270-8

WA270-8

EQ0129278	L110H631215	
EQ0129300	L110H631173	
EQ0129276	L110H631211	
	A27438	

E00029600		
E00029813		
1DW524KZJDE65		
E00031120	A64428	
E00036351	A27502	
E00039228		
LTE00292	0LTE00292	
E00036515	A27524	
E00034419		
E00039179		
E00040650		

83159 76369 76918 85242

83161

47025 83098 83296 40288

Tucker#	M ake	M odel

ID#	Serial#

Skid Steer

SK-2

SK-3

SK-4

SK-5

SK-6

SK-7

Tucker#

B. Tractor

BT-1

BT-2

BT-3

BT-4

BT-5

BT-6

Cat	279C-2	
Cat	289C2	
Cat	289C-2	
Cat	289C2	
Cat	.289D	
Cat	289D	
M ake	Model	

Ford

Cat	MT335B

M assey

Laymor (Ca SM 300

Laymor (Ca SM 300

Laymo r (Ca SM 300

I

E00031976	KWB00167	
E00033471	rtd00967	
E00033474	CM P02179	
E000355562	JM P02813	
TAW04966	0TAW04966	
TAW04989	0TAW04989	
ID#	1 Serial #	

3230 E00032618	B038800	
E00033771	CR35017	
	FW 662695	
34692	34692	
35380	35380	
35313	35313	

BT-7

Tucker#

1Vu. G, --... ., '4£

Kubota	MX5200HST		
Make	Model		

ID#

59323

Serial#

·GR-1 GR-4 GR-5 Tucker# Pavers

John Deere	672GP		
			
Cat	120H		
John Deere 672GP		
·Make	Model		

108048 CAF00661 E00033561 ID#

1DW672GPPGF678524

TA0632118

Serial#

PM-1 PM-2 PM-3 Tucker# DD Roller

Volvo

Volvo

Cat

Make

Mach PF-150			
PF2181			
APS00F			
Model	ID#		

44900127

197731

CATAPS00E44900127

Serial#

DD-1 DD-2

Hypac	C330B	E00034094		
Bomag	BW9AS			

109B15803668

11043

DD	-3 DD-4 DD-5
Tucker#

Hamm

Hamm

WEILER

Make

HD+701-VO

HD+701-VO

C310-SPLIT DRU

Model

E00038236 E00039029 W1101 ID#

H1860122

Hl860292

Wll0l

Serial#

R.Tire Roller				
RT-1	Blawknox	PTC15	E00033564		

RT-2	Rosco	TRUPAC 915			
					
RT-4	Rosco	TRUPAC915			
					
Tucker#	Make	Model	. ID#		

Crushing					
C-1	Kolber-Pior 1FT4240CC			
					
C-2	Pegson	4242SR			
					
SC-1	Aztec	GT205S			
					
SC-2					
S-1					
S-2	MGL	5030		
					
Tucker#	Make	Model	ID#		

PTClSKUB-73319

41235 44640

Serial#

412889

420182DDSR

413142 5030249

Serial#

Off Road

ED-1	Volvo

ED-2	Volvo

ED-3	Komatsu

ED-4	Komatsu

Tucker#	Make

..,,..,o-1_

BH-1	Cat

Tucker#	Make

L'1 isc.

M-1	Terex	
88-2	Polaris	
GT-1	Kubota	
Disc		
TW-2	DRS00HT	
H-1	AA	
	501 VACCON	
G-1	CAT	

A25F	I	80058		
				
A2SF		80059,		
HM400-3	E00030508	3396		
HM300-3	E00032112	3577		
Model	ID#	Serial#		
420F	JWJ01462	0JWJ462		
Model	ID#	Serial#		
		190		
Ranger				
		31219		
		1R9BE1503FIS74731		
HSSDSHMR		0BWM02365		
VACCON PD	7157263 GHGZ3452		
l00KW	D4D02557	0ESA0llll		

CompanyName

Tl.kCtR(

ST ATVS OF CONTRACTS ON HA..'IID

(Attach additional sheets If necessary)

(1,f,~	1	\\\£..		

Date

"&lle>l

lQ

Furnish requested information started; and regardless of with contracts which individually do

about all of Proposer's active contracts, whether as prime or subcontracts: whom contracted. All amounts to be shown to nearest $ I ,000. Contractor note~ceed 3% of total active contracts and in total do not exceed 20% of the

whether in progress	or awarded but not yet	
may consolidate and	list as a single item all	
active total contracts.	

PlloPOSER'S UNCOMPU',TkD AMOUll,T
~OFTHISD!\TE

COMPLETION DATE

OWNER, LOC!\TION AND DESCRIPTION OF PROOEeT
~x~ft~A ~b

CURRENT CONTRACT AMOUNf 4.8 PRIME

s

CURRENT CONTRAC.i AMOUNT AS MJBCONTRACTOR

$\5,o):J,O)..)

CURRENT AMOUNT SUBJECT TO OTHERS

$

AS PRIME	AS		
CONTRACTOR	SUBCO!l!TRAC:TOR		
$	$L\.itoJ,OJ!.J		

ORIGINAL C:"ONTIUC:T DATE
20\~

APPROVED REVISED DATE

CURRENT ESTIMATE DAU _)oJ"I. ztl\Cj

'N~r,...._" ,.	! .A	-I	
,4",\\(.(\:'\t~	-A.		
lf~~'lit'~\CJl'd	

$ lal~,m

s51f\Vl1u'D

$

s s

$	s l,000,000		
sZl<t.,m.C()	$		

~
i?'~l• s.ee,
2.D.1

9~
O~":\-n,i~

id ~\{\i.A':).	s'o~,0.:0		
'..-u ,..., Lr6h:i.4e			
			
I!~~;;\, l	i-\e>·1Ct~	s		
\	\)			
		s		
				
		s		
		$		
		$		
		s		
--		$		

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

s3"'A,~-~	$		
fllo-<:,, ~ .·~	$		
			
$	s		
$	s		
$	$		
$	$		
$	$		
$	$		

2.Cll<t

12() \ <?::,

~-~

(JQ,r. 2.c::i'6

Subtotal Uncompleted Work	sl 11.JJ'l:1	,1().)	~'oi';fj,(D()		
			I		
Total Uncomoleted Work on Hand	I$	fCh~13.7W	I		

Company Name

PROJECTS CO:\IPLETED BY		
Tuti..ti	Xu.\h ~I	\clQ.		

PROPOSER IN THE LAST TWO YEARS			
,	Date	Co\1ol	I~		

List all projects completed in the last two the year the project was started. Include in

years for which the list projects

the contract value individually exceeded 3% of that were started earlier than two years but were

the Proposer's annual total work completed completed within the last two years.

for

OWJIIERIIIAME/ WCATION'

•Prime or Sub' should indicate whether Pmposer perfonned	the work as e prime contractor or us• subcontractor.		
'Owner N111ne/Loca!ion' should indicate the Owner of the project if the Proposer perfonned	tho work as a prime		
			
perfonned the work as a subcontractor.	on this Project' should list a reference from  the business		
'Name & Phone ~utnber of Owner's Representative			
					
Proposer's contract performam:e.					

contmctor or entity listed

the goneral contractor if the Proposer in the previous column familiar with

***END

OF

ORGANIZATIONAL

INFORMATION

FORM*""

Compuny

Name

PROJECTS COMPLETED BY PROPOSER IN THE LAST TWO YEARS

Jup,W fw;~"'-6;  l l\lC!,.,	Dute	'6}13)l<c-,

List all projects completed in the last two the yenr the project was started. Include in

years for which the list projects

the	contract value individually exceeded 3% of the Proposer's annual	totnl work completed	
that	were started earlier than two years but were completed within the	last two years.	

for

PROJECT NAME/	
~ sm	fi	
r,-• Ir,,..__		

LOCATION ~-01"---I-

FJJljAL	PRIME		
CONTRACT	OR	1		
AMOUNT	SUB			
				
'11.J:>,QS>	'5		

CL.\SSlFlCATION	HAR		
OFWORK	STARTED/		
PERFORMED	COMPLETED		
:::"-'::.: '''1--1·~41		
\.Jdt ,hi it:':)	?A\1		

O\'iNER !'!AME/
LOCATION'

~\M.~~~(.'Y\

NAME & PHONE NUMBER 01'
OWNER'S REPRESENTATIVE ON THIS

PROJLCT' -Ki~<½-,.. ~~ ,·41'.5,-,;;;u'2.'. kl ,1

K~\½M  J\;.,.~j'ie. ~~~ ~UA-l,'S'-6\ ~
·11	I   •

-:::,~IL	'2.0\u> I		
I\J.·lc"Mh"C.,;:	zo,-,		

~r('\ \-\0')\Q~

(~~~~~~-

'Prime or Sub' should indicate whelher Proposer perfo!llled U1e work os a prime ,:onrractor or as a subcontractor. 'Owner Name/Location' should indicate the Owner of the project if the Proposer pctfonned the work as a prime perfumu:d the work as a subcontractor.
'Name & Phone Number of Owner's Reprcsontative on this Project' should list a refurence from the business Proposer's contract potfonnance.

conn·ru,tor or entily listed

the genoml contractor if the Proposer in the previous column fumilinr with

***END

OF

ORGANIZATIONAL

lNFORMA

TION

FORM**"'

NA.ME

OF

SUBCONTRACTOR

LIST OF PROPOSED SlfBCO:".TRACTORS		
	AND		
)IAJOR MATERIALS SUPPLIERS		
ADDRESS	PROPOSED PROJEC1·		
	RESPON8IBILITIES		

PERCENTI\GE OF CONTRACT PRICE

., ol.j 1.5" 1- I

I. I Z.4 5'.u "0~ 3,1_9 2.. I 7.3 Ll.9

SUBCONTRACTOR'S		
AUTHORIZED		
REPRESENTA UVE		
Qh	~	e1rc.tt"1 uN		
sa,-.,		Yl((\		
"j<,J'_. .)G f l':<.Vi e_,		
DelbUt µt		
'ei1u.d		v'1urc\		
¼::lobit.	l-l		
oo'o	w t.Q..r-'		
1		~i.:)('G.~i		
.4 \:z			
e,,cM		e:_\c...~ \,N		
Torn	0Mit'V--		
.¼cl._		u:,~ \		

AFFIDAVIT

FOR

CORPORATION

HHR

EAST,

LLC

CITRUS POINTE AND AMENITY CENTER INFRASTRUCTURE IMPROVEMENTS

CITY

OF DAVENPORT, FLORIDA

STATE OF

COUNTY OP

) ) }

ss

(a corporation described he	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 Landowner considers such  action  on the part of the Proposer to	constitute good cause for rejecting	
Proposer's proposal.				

CORPORATE SEAL

Sworn to before me this l::)_ day of	A.1~		
~	I\..	\D\'23l2l		
Notary Public I Expiration Date:	Woolmer		
	Melissa			
	NOTARY PUBLIC		
(SEAL)	STATE	OF FLORIDA		
	comm# GG147674		
			
	E,cpires 10/2312021		

, 2018.

SWORN STATEMENT PURSUANT TO SECTION 287.134(2)(a)

DISCRIMINATION

FLORIDA STATUTES,

ON

THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.

OF

A NOT ARY PUBLIC OR

l.

This sworn statement is

submitted

to

HHR East, LLC
(print name

of

the public entity)

whose business address is

and (if applicable) its

Federal Employer Identification Number (FEIN)

istJ3-33i~fin'1

(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( I)(b), Florida Statutes,

means a determination of liability by a state circuit court or federal district court for a violation federal law prohibiting discrimination on the basis of race, gender, national origin, disability, or
entity; if an appeal is made, the determination of liability does not occur until the completion	of		
			
a higher tribunal.			

of any state religion by any appeals

or an to

3.	I understand that "discriminatory vendor list" as defined in section 287.134( 1)(c), Florida Statlltes, 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{l)(e),	Florida Stahttes, 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( l)(a), Florida Stah1tes, means:			
	1.	A predecessor or successor ofan entity that discriminated;	or			

6,

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

public entity.

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

replies on supplier, with any

the entity

✓

Neither the entity submitting this the discriminatory vendor list.

The entity submitting this sworn vendor list.

sworn statement, nor any affiliate of

statement, or an affiliate of the entity,

the entity, has

appears on the

been placed on

discriminatory

IT SHALL BE THE RESPONSIBILlTY OF THE CONTRACTOR/VENDOR EXECUTING THIS AFFIDAVIT TO	
VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS	UTILIZED FOR THIS BID/QUOTE HA VE	
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 OP THE CONTRACTOR/VENDOR.	

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

THE

of

Proposer

State

of

:t\'C::{\

(l.

(.,_

ss

County

of

:PO\~ ----- -----.-===

lJix	The foregoing instrument was acknowledged befi>re me thi' fJL~ day of &~vs{		
~ Q. 1uQ.to C:	I\	, of the ,::fycuf	-t'u.\h~	1	IN<!	, who		
to	or who has produced	KffiA"-J			as identification.			
								
					~				

,2018, by is personally

__ known

(SEAL)

~l}L~ Signature of Notary taking acknowledgement

..w!ill"":ei:.. •

MeHssa WOQlmer NOTARY PUBLIC STATE OF FLORIDA

Comm# GG147i74

E)(J)lres 10/23/2021

SWORN

STATEMENT PURSUANT TO SECTION 287.135{5), FLORIDA STATUTES. REGARDING SCRUTINIZED COMPANIES

THIS FORM MUST BE SIGNED AND SWORN TO OTHER OFFICIAL AUTHORIZED TO ADMINISTER

IN THE PRESENCE OATHS.

OF

A NOT ARY PUBLIC

OR

1.

This sworn statement is submitted to	HHR East, LLC		
			
by	~ D. T \..\Ck..JLr	\ \	~res 1c\-evd-	
		tprint individual's name and title)	
for	:[UCX-Q(	~~\I:,~	I NC'	·	
		(print ~ Jr entity submitting sworn statement)	

whose business address

is

2.

3.

4.

I understand that,  subject to limited exemptions,  section 287.185, Florida Statutes,	declares a company	is		
ineligible to, and may not, bid on,		submit a proposal  for,  or enter into or renew a	contract	with a local		
governmental entity for goods or services of $1		million or more	if at the time of bidding or submitting	a		
proposal  for  a  new contract or renewal	of	an	existing	contract,	the company  (a)	is  on the  Scrutinized		
Companies that Boycott lsrael List, created pursuant to Section 215.4725, Florida Statutes,	or	is	engaged in a		
boycott of	lsrael;  (b)  is  on the  Scrutinized	Companies	with Activities  in Sudan	List or the Scrutinized		
				Energy Sector List, created pursuant to Section 215.473,		
Companies	with Activities in the [ran Petroleum			
Florida Statutes; or (c) is engaged in	business operations in Cuba or Syria.									
Based on information and belief, at the time the entity submitting	this sworn statement submits its proposal		
to the HHR East, LLC, neither the entity, nor any		of its officers,	directors, executives, partners, shareholders,		
members, or agents, is listed  on either the	Scrutinized	Companies with Activities	in	Sudan List or the		
Scrutinized	Companies  with  Activities	in	the  Iran	Petroleum  Energy  Sector	List,  the  Scrutinized		
					in a boycott oflsrael, or is engaged	in business operations		
Companies that Boycott [srael List or is engaged					

in Cuba or Syria.																			
If awarded the Contract, the entity will immediately notify the HHR East, LLC	in writing	if either the		
entity, or any of its officers, directors,	executives. partners, shareholders,	members, or agents,	is placed on		
						with Activities		
					in Sudan List, the Scrutinized Companies			
either the Scrutinized Companies with Activities				
						
in the [ran Petroleum Energy Sector List, the Scrutinized Companies with Activities in the Iran Petroleum		
Energy Sector List, the Scrutinized		Companies that Boycott Israel List or is engaged in a boycott of Israel,		
		in Cuba or Syria.												
or is engaged in business operations													

My

Commission Expires:

lDl?f)\

2.\

(SEAL)

Melissa Woolmer

NOTARY FlUBLIC

_STATE OF FLORIDA

Comm# GG147674

Expires

10/23/2021

SWORN STATEMENT ON PUBLIC ENTITY CRIMES PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES

CITRUS POINTE AND

HHR EAST, LLC

AMENITY CENTER INFRASTRUCTURE CITY OF DAVENPORT, FLORIDA

IMPROVEMENTS

THIS FORM MUST BE SIGNED AND SWORN TO OTHER OFFICIAL AUTHORIZED TO ADMINISTER

IN THE PRESENCE OF A NOT ARY PUBLIC OATHS.

OR

I.

This

sworn

statement

is

submitted

to

____,H~H=R=-=E=as=t,,_L=L=C"'--
(print

name

of

the

public entity)

by___...

>,_.:,~LI.A_,,_,.'-'--l.

¥~=(--'-'-------'~"-a}l>...LU

.....

u,..

_L

_________

_

(print individual's

name

and

title)

for

\l

1		
,_.,,\J.!"'"""'~~~,__,_fCA.---=--\J=-\AJ),.-=+-+-i_,\~._(;__,_________	
	_	
	(print n~fentity submitting sworn statement)	

whose business address is

2.

3.

4.

and	(if applicable) its	Federal Employer Identification Number (FEIN) is Efj - 33159 zS'J	
(If the entity has no FEIN, include the Social Security Number ofthe individual signing this sworn statement	
I understand that a "public entity crime" as defined in Paragraph 287.133( l )(g),	Florida Statutes, means a	
violation of any state or federal  law by a person with respect to and directly related to the transaction of	
business with any public entity or with any agency or political subdivision of any other state or of the United	
States, including,	but	not limited to, any	bid, proposal, reply, or contract for goods or services, any lease for	
real property, or	any	contract for the construction or repair of a public building	or public work, involving	
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.	
I understand that "convicted" or "conviction" as defined in Paragraph 287 .133(1 )(b ), Florida Statutes, means a	
finding of guilt or a conviction of a public entity crime, with or without an adjudications of guilt, in any	
federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989,	
as a result of a jury verdict, nonjury trial,	or entry of a please of guilty or nolo contendere.	
I understand that	an "affiliate" as defined	in Paragraph 287 .133( l )(a), Florida Statutes. means:	
l.	A predecessor or successor of a person convicted ofa public entity crime; or		
2.	An entity under the control of any natural person who is active in the management of the entity and who	
	has  been convicted  of a  public  entity crime.  The tenn  "affiliate"  includes those  officers  directors,	
	executives, partners, shareholders, employees, members, and agents who are active in the management of	
	an affiliate. The ownership by one person of shares constitutinginterest a controlling	in another person, or	
	a pooling of equipment or income among persons when not for fair market value under an ann's length	
	agreement, shall	be a prima facie case that one person controls another person.  A person who knowingly	
	enters into a joint venture with a person who has been convicted of a public entity crime in Florida during	
	the preceding 36 months shall be considered an affiliate.		

5.	I understand that a "person" as defined in Paragraph 287.133( I J(e), Florida Statutes, means any natural person		
	or entity organized under the laws of any state or	of the United States with the legal power to	enter into a		
	binding contract and which bids or applies to bid	on contracts let by a public entity, or which otherwise		
	transacts or	applies  to transact business with a public entity,  The term "person"	includes those officers,		
	directors, executives, partners, shareholders, employees, members, and agents who are active in management		
	ofan entity.								
	Based	on information and belief, the statement which I have marked below	is true in relation	to the entity		
	this.·ng	sworn statement. (Indicate which statement applies.)					
	7	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 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  !,	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. lattach a copy of the final order)			
IT  SHALL  BE  THE  RESPONSIBILITY  OF  THE  CONTRACTORNENDOR	EXECUTING  THIS  PUBLIC		
ENTITY CRIME AFFlDAVIT TO VERIFY THAT NONE OF THE SUBCONTRACTORS/SUPPLIERS UTILIZED		
FOR THIS BJD/QUOTE HA VE BEEN CONVICTED OF A PUBLIC ENTITY CRIME SUBSEQUENT	TO JULY 1,		
1989.	IN THE  EVENT  IT  JS  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   WlTH   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		
					
		I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND		
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH			
THAT THIS  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		
CONT AlNED IN THIS FORM.						
		(Signature)cS				

STATE			
COUNTY OF			
The foregoing instrument was signed and acknowledged	before me this		

day

of

who produced take an oath.

2018,b	l(i_(	.\~I\
~.,.f\._O.._'_\_ltl(_.---_._\)...,Q ~_____

(Type oride);tification and Number)

as

identification,

and

wh~did

not)

Notary Public Signature

Printed Name of Notary

Melis.sa  Woolmer

NOTARY PUBLIC STATE OF FLORIDA
--"""-~ Comm#GG147674
Expires 1012312021

CITRUS

TRENCH SAFETY ACT COMPLIANCE STATEMENT		
HHR EAST, LLC		
POINTE AND AMENITY CENTER	INFRASTRUCTURE IMPROVEMENTS		
			
CITY OF DAVENPORT,	FLORIDA		

L'ISTRllCTI0:'11S		to be in excess ofS foet, Chapter 90-96 of the		
Because trench excavations on this Project are expected			
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		
		the	with	Trench		
Compliance Statement and the Compliance Cost Statement.  The costs for complying				
Safety Act must be incorporated into the Project's Proposal.				

This fonn oaths.

must be certified in the

presence

of

a notary public or other officer authorized to administer

CERTIFICATION

l.

2.

3.

I understand that Chapter 90. 96	of the Laws of Florida	(The Trench Safety Act) requires		
				with		
me to comply with OSHA Standard	29 C.F.R.s. 1926.650 Subpart P.	I will comply			
					
		trench safety systems at all trench		
The Trench Safety Act, and I will design and provide			
						
excavations in excess of five feet in depth for this project.				
The estimated cost imposed by compliance with The Trench Safety Act will be:			
'®~~re,\	M~	lb,u.r,dJtd ei  u.Yj	~.:) Dollars (Written)			
$ 12.		n> 2	(Figures).		0						
	1				·						
												
The amount listed above has been included within the Proposal.				

Dated this

l'?)'t""--

day

of

h+~

,2018.

Proposer:

1,.!C!llli

1/:.\r,

Aj,

1NC',

By:~~
Title:fl&.c~5=

STATEOF

~~)O_u...

COUNTY

OF1:J:S_,__....._.;.v""'~.....---

Melissa Woolmer

NOTARY PUBLIC STATE OF FLORIDA
--=""'Comm# GG147674

NotaryPub1ic,St			
Print Name: \.,\f:\.1~'i:'{a)l~r'		
Commission No.:=\ 4 ,Lrj	Z \		
My Commission Expires:   I O\¼I			

Expires

10/23/2021

TRENCH CITRUS POINTE

SAFETY ACT COMPLIANCE COST STATEMENT		
HHR EAST, LLC		
AND AMENITY CENTER	INFRASTRUCTURE IMPROVEMENTS		

CITY

OF

DAVENPORT,

FLORIDA

INSTRUCTIONS		to be in excess of5	feet, Chapter 90-96 of the		
Because trench excavations on this Project are expected				
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 l, 1990. The Proposer further identifies	the costs as follows:		

Unit

Cost

1

Item Total Cost

Dated this	1·et\).-	day of	Au..JI.A.st		
Proposer:	TLlOIU.f: \/..,_-J,'::J	I	I1-li:'	.		

Pro· ect Total

, 2018.

~ft;e-::ms::::·-~:a:~=='===·:::s::==========--

Melissa

Woolmer

NOTARY

PUBLIC

STATE

OF

FLORIDA

Comm#

GG147674

Expires

10/23/2021

1

Use

cost

per

linear

square

foot

of

trench excavation

used

and

cost

per square

foot

of

shoring used.

AFFIDAVIT OF NON-COLLUSION

HHR EAST, LLC

CITRUS POINTE AND AMENITY CENTER INFRASTRUCTURE IMPROVEMENTS

CITY OF DAVENPORT, FLORIDA

STATE OF FL.D.EJDA
COUNTY OF  VD\'( ..

I,	ill1~D -1\ J.f'il['    I\	, do here~ certify that I have not, either
directly or indirectly, ;::ipated in collusion or ffOp~sal rigging. Affiant is a   \-5-r"~(;\-o.¼	__
( officer or principal) in the firm of ::Ct'\l,gr.l{U>J,~ \ I\::J.= ,,. , and authorized to make this affidavit on behalfofthe same. I understand that l am swearing or a~ing under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated this   }5L.,day of¥--, 2018.

	Signature ofNotary Public taldng acknowledgement	
My Commission Expires:  lDl 2 3l21	
(SEAL)	MeUssa WOO!mer	
	NOTARY PUBLIC	
STATE OF FLORIDA iali,.. Comm# GG147674
Expires 10/23/2021

MINIMUM CONTRACTOR QUALIFICATIONS STATEMENT

HHR EAST, LLC

CITRUS POINTE AND AMENITY CENTER INFRASTRUCTURE IMPROVEMENTS

CITY OF DAVENPORT, FLORIDA

Contractor:	:Jz: .>f.X:.Of   Ru.\\'·,A§\  \_~['{~~~·---------

Contact:	eJ\\\')J°l_)Q X}2£
Address:  fri-6 lQXJL  f\ l+rrd 9d. \N,-l_-\:ee ffi~. ~ l J?~~ l
Phonel~co'Yffi- '22.L.AAFax~29Y- ID01  Email:  Qi'(,~~~f\4"''~QcYV\-

Typical Work Description: Construction Services will include site work, earthwork, utilities, stormwater, and roadways, and all work associated with these types of activities.

Owner:  HHR East, LLC

Minimum Qualifications: Proposers for the HHR East, LLC projects shall have the following minimum qualifications:

( l) Applicant will have constructed three (3) projects similar in quality and scope a minimum of $1,000,000 in total volume construction cost 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 Landowner.

(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 Polk County.

The Landowner 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 Landowner.

Certification: I hereby certify that the applicant meets or exceeds the minimum qualifications identified above. further acknowledges that despite meeting the minimum qualifications above, the HHR East, LLC has the right to deny, suspend or revoke a prospective bidder's qualification for bidding on the HHR East, LLC projects based upon the Determination of Qualified Prospective Bidder information contained herein.
~~~c:i:~~! ll ~~---

~.1~sl\t.vJ-	'6(1311~

Contractor Title	Date

SECTION Il(K)

SUMMARY OF COSTS AND SCHEDULE

TUCKER

3545 Lake Alfl'ed	Road		
			
Wlntel' Haven, FL	33881		
Phone: 863-299-2262		
Fax: 863-294-1007		
www.tuckerpaving.com		

To:	Cassidy	Homes			Contact:	Rennie Heath		

Address:	Winter Haven, FL			Phone:			
							
					Fax:			
Project Name:	Citrus Pointe Subdivision - CONTRACT	PROPOSAL	Bid Number:	18 - 785		

Project Location:	Holly HIil Road, Davenport,	FL		Bid Date:	9/10/2018		

I Item Description		
GENERAL CONDITIONS	
NPDES Compliance		
Mobilization		
Payment & Performance Bond	
Maintenance Of Traffic		
Construction Entrance		
Type m Slit Fence		
4' Sidewalk - 4"  3000	PSI Concrete	
ADA Curb Ramp		
Construction Layout		
Construction As-Builts		
Geotect (CMT)		

Estimated Quantity	Unit	Unit Price		
1.00	LS	$5,573.53		
1.00	LS	$13,219.'14		
1.00	LS	$33,301.69		
1.00	LS	$1,255.87		
1.00	EACH	$3,961.56		
4,566.00	LF	$1.27		
300.00	LF	$19.19		
12.00	EACH	$846.66		
1.00	LS	$23,699.36		
l.00	LS	$14,696.57		
				
1.00	LS	$29,491.91		
Total Price for above GENERAL CONDITIONS Items:		

Total Price	I	
$5,573.53		
$13,219.44		
$33,301.69		
$1,255.87		
$3,961.56		
$5,798.82		
$5,757.00		
$10,159.92		
$23,699.36		
$14,696.57		
$29,491.91		
$146,915.67		

EARTHWORK		
Excavation & Grading		
Import FIii			
Bahia Sod	@ 2' Back Of Curb	
Bahia Sod	@ Pond Slopes &	Swales	
Bahia Sod	(M ISC.)		
Seed & Muldl Pond Bottoms		
Seed & Mulch @ ROW		
Seed & Mulch Lots		
Site final Grading		

TotaPricl

1.00	LS	$131,234.18		
9,648.00	CY	$9.07		
1,538.00	SY	$2.54		
7,713.00	SY	$2.54		
930.00	SY	$2.54		
				
205.00	SY	$0.51		
6,920.00	SY	$0.51		
				
76,602.00	SY	$0.51		
				
LOO	LS	$30,480.88		
e fo r above EARTHWORK Items:		

	$131,234.18	
	$87,507.36	
	$3,906.52	
	$19,591.02	
	$2,362.20	
	$104.55	
	$3,529.20	
	$39,067.02	
	$30,480.88	
$	317,782.93	

PAVING

1.5" Type S·1 Recycled Asphalt Pavement

6" Crushed Concrete Base (LBR 125)

10" Stabilized Subgrade. (LBR 40)

Valley Curb

Miami Curb

Traffic Signagc & Striping

10,177.00	
10	177.00	
1		
12,591.00	
	320.00	
6,921.00	
	1.00	

SY SY SY LF LF LS

$10.71 $10.42 $5.l'l $21.17 $12.00 $9,6'19.07

$108,995.67 $106,044.34 $64,717.74 $6,77'1.40 $83,052.00 $9,649.07

STORM SEWER	
18" HDPE Pipe		
9/10/2018 J0:29:49	AM	

Total Price for above PAVING Ite ms :	$3	.22		
		79,233		
	====--======--		
45<1 .00  LF	$32.69	$14,841.26		
				
		Page I of 3		

! Item Description

Estimated Quantity  Unit	Unit Price

Total Price !

24"	HDPE Pipe		
Type P-5	Curb	Inlet	
Type P-6	Curb	Inlet	
Type P Storm Manhole	
Type C Inlet		
Type V Inlet		
18"	HDPE MES		
24"	HDPE MES		
Rip	Rap Area @ MES (5'x10')	
18" RCP	Pipe		
24" RCP	Pipe		
Clean And Video Storm Line Per Polk County Specs	

211.00 8.00 5.00 2.00 2.00 1.00 1.00 2.00 3.00 1,410.00 137.00 1.00

LF EACH EACH EACH EACH EACH EACH EACH EACH LF LF LS

$47.11 $3,456.21 $4,281.07 $4,079.12 $1,650.65 $3,645.95 $804.85 $825.24 $676.04 $41.39 $55.22 $12,778.89

$9,940.21

$27,649.68

$21,405.35

$8,158.24

$3,301.30

$3,645.95

$804.85

$1,650.48

$2,028.12

$58,359.90

$7,565.14

$12,778.89

Total Price for above STORM SEWER Items:

$172,129.37

SANITARY SEWER	
8"	DR26 Sanitary Pipe	
4'0	Sanitary Manhole 0-6'	
4'0	Sanitary Manhole 6-8'	
4'0	Sanitary Manhole 8-10'	
Single Sanitary Service (Polk County)	
Double Sanitary Service (Polk County)	
Private Lift Staion	
4"	DR18 Forcemain Green Pipe	
TV	And Air Testing - Gravity Line/Manholes	
Forcemain Connection	
Pressure Testing - Forcemain	
5'0	Sanitary Manhole 10-12'Lined	
8" MJ Gate Valve W/Box/Tag	
4" MJ 45 Bend - P401 Lined	
Air	Release Valve	

3,847.00 6.00 3.00 2.00 24.00 33.00 1.00 1,426.00 1.00 1.00 1.00 1.00 1.00 7.00 1.00

LF EACH EACH EACH EACH EACH LS LF LS EACH LS EACH EACH EACH EACH

$19.85 $2,589.11 $2,987.72 $3,241.08 $682.72 $1,085.32 $169,669.10 $14.35 $23,882.81 $5,278.41 $970.13 $9,409.88 $1,489.79 $377.47 $5,940.72

$76,362.95

$15,534.66

$8,963.16

$6,482.16

$16,385.28

$35,815.56

$169,669.10

$20,463.10

$23,882.81

$5,278.41

$970.13

$9,409.88

$1,489.79

$2,642.29

$5,940.72

Total Price for above SANITARY SEWER Items:

$399,290.00

WATER AND FIRE DISTIBUTION	
12" X 6"	WetTap W/Valve/Box/Tag	
6"	DR18	Water Pipe	
6" MJ Gate Valve W/Box/Tag	
6"	MJ 45	Bend	
6"	MJ 90	Bend	
6" MJ Long Sleeve	
6" MJ Tee	
Fire Hydrant Assembly	
Single Water Short Service (Polk County)	
Single Water Long Service (Polk County)	
Double Water Short Service (Polk County)	
Double Water Long Service (Polk County)	
l"	Lift Station Service W/Backflow & Hose Bib	
Sample Point	
Poly Pig	Water Main	
Testing And Bactees	
2"	SCH 40 Pipe/Fittings	

1.00 4,416.00 13.00 14.00 1.00 1.00 9.00 4.00 11.00 8.00 22.00 14.00 1.00 8.00 1.00 1.00 368.00

EACH LF EACH EACH EACH EACH EACH EACH EACH EACH EACH EACH LS EACH LS LS LF

$3,993.64 $17.41 $1,134.37 $352.08 $368.35 $360.50 $479.18 $4,479.35 $570.99 $601.32 $1,166.35 $1,227.78 $2,179.27 $419.93 $1,693.32 $7,690.48 $12.96

$3,993.64

$76,882.56

$14,746.81

$4,929.12

$368.35

$360.50

$4,312.62

$17,917.40

$6,280.89

$4,810.56

$25,659.70

$17,188.92

$2,179.27

$3,359.44

$1,693.32

$7,690.48

$4,769.28

Total Price for above WATER AND FIRE DISTIBUTION Items:

OFFSITE - HOLLY HILL WIDENING

9/10/2018 10:29:49 AM

$197,142.86

Page 2 of 3

! Item Description

Demolition & Sawcut Existing Asphalt

1" Type SP 9.5 Recycled Asphalt Pavement

1.5" Type SP 12.5 Recycled Asphalt Pavement

13" Crushed Concrete Base (LBR 100)

8" Stabilized Shoulder (LBR 40)

5'Sidewalk - 4"  3000 PSI Concrete

ADA Curb Ramp

Bahia Sod

Traffic Signage & Striping

Earthwork

Maintenance Of Traffic - Offsite

Mobilization

F-Curb

18" RCP Pipe

Type D Inlet

Estimated Quantity	Unit	
1.00	LS	
2,058.00	SY	
850.00	SY	
935.00	SY	
180.00	SY	
580.00	LF	
4.00	EACH	
1,429.00	SY	
1.00	LS	
1.00	LS	
1.00	LS	
1.00	LS	
246.00	LF	
94.00	LF	
2.00	EACH	

Unit Price $8,999.97 $7.90 $10.71 $26.73 $10.89 $23.29 $846.66 $2.41 $7,518.70 $12,417.65 $19,812.00 $352.77 $18.35 $41.39 $2,159.78

Total Price	!	
$8,999.97		
$16,258.20		
$9,103.50		
$24,992.55		
$1,960.20		
$13,508.20		
$3,386.64		
$3,443.89		
$7,518.70		
$12,417.65		
$19,812.00		
$352.77		
$4,514.10		
$3,890.66		
$4,319.56		

Total Price for above OFFSITE - HOLLY HILL WIDENING	Items:		

PROJECT DISCOUNT					
PROJECT DISCOUNT	1.00	LS	($19,000.00)		
					
	Total Price for above PROJECT DISCOUNT Items:		

$134,478.59

($19,000.00)

($19,000.00)

Total Bid Price:

Notes:			
•	BID NOTES:			
	**We have included Video Inspection of Storm Pipe per Polk County Specs.		
	Not Included in Proposal:			
	Permits			
	Landscaping & Irrigation	Of Footers		
	Retaining Walls, Masonry Walls, Footers, And Excavation/Backfill			
				
	Asbestos Removal			
	Installation/Relocation/Repair Of Fence & Gates			
	Relocation/Removal/Repair Of Existing Or Unknown Utilities			
	Utility Sleeves/Conduits			
	Relocation/Removal/Repair Of Power Poles Or Guy Wires			
	Excavation/Backfill Of Building Foundation And/Or Footers			
	Removal Of Muck/Contaminated/Unsuitable Soils Or Materials			
	Over Excavation			
	Materials/Work/Services not indicatedlistedor.			

$1,727,972.64

ACCEPTED:

The above prices, specifications and conditions are satisfactory and hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Tucker Paving, Inc.

Authorized Signature:

Estimator:	Rick Allen

(863) 299-2262  rick@tuckerpaving.com

9/10/2018

10:29:50

AM

Page

3

of

3

TUCKER

3545 Lake Alfl'ed Road Winte1· Haven, FL 33881 Phone: 863-299-2262 Fax: 863-294-1007 www.tuckerpaving.com

To:	Cassidy Homes	Contact:	Rennie Heath			
						
Address:	Winter Haven, FL	Phone:				
		Fax:				
Project Name:	Citrus Pointe Amenity Center - CONTRACT PROPOSAL	Bid Number:	18 - 8 17			
Project Location:	Holly Hill Road, Davenport, FL	Bid Date:	9/10/2018			
Item Description	Estimated Quanti .	Unit	Unit Price	Total Price		

GENERAL CONDITIONS

NPDES Compliance

Mobilization

Payment & Performance Bond

5'Sidewalk · 4"  3000 PST concrete

ADA CUrb Ramp

Construction Layout

Construction As-Builts

Geotect (CMT)

8' Sidewalk - 4"  3000 PSI Concret-e

B' Sidewalk - 4" 3000 PSI concrete W[Thickened Edge

EARTHWORK

Excavation & Grading

Bahia Sod @ 2'Back Of Curb

Bahia Sod @ Pond Slopes & Swales

Seed & Mulch Pond Bottoms

Seed & Mulch @ ROW

Seed & Mulch Disturbed Areas

Site Final Grading

1.00	LS		$847.37	$847.37	
1.00  LS	$2,351.18	$2,351.18	
1.00	LS	$7,213.33	$7,213.33	
495.00	LF		$24.01	$11,884.95	
2.00	EACH		$847,37	$1,694.74	
1.00	LS	$8,304.16	$8,304.16	
1.00	LS	$3,763.70	$3,763.70	
1.00	LS	$6,913.07	$6,913.07	
79.00	LF		$38.41	$3,034.39	
61.00	LF		$53.24	$3,247.64	
Total Price for above GENERAL CONDITIONS Items:		$ 49,254,53	
			-== = = .....-======	
1.00	LS	$15,534.99	$15,534.99	
286.00 SY		$2.54	$726.44	
1,476.00 SY		$2. 54	$3,749.04	
475.00 SY		$0.51	$242.25	
1,286,00	SY		$0.51	$655.86	
9,680.00	SY		$0.51	$4,936.80	
1.00	LS	$4,607.82	$4,607 .82	
Total Price for above EARTHWORK Items:		$30,453.20	
			====="""=======	

PAVING

1.5" Type S·l Recycled Asphalt Pavement

6" Crushed Concrete Base (LBR 125)

10" Stabilized Subgrade (LBR 40)

Miami Curb

2' Drop Curb

Vertical Curb

Traffic Slgnage & Striping

STORM SEWER

18" HDPE Pi pe

2"1'' N-12 Storm Pipe

9/10/2018 10:36:10 AM

2,559.00	SY		$10.72	~;27,432.48	
2,559.00	SY		$10.42	$26,664.78	
2,991.00	SY		$5.14	$15,373.74	
915.00	LF		$12.00	$10,980.00	
60.00	LF		$21.18	$1,270.80	
372.00	LF		$16.95	$6,305.40	
1.00	LS	$2,006.36	$2,006.36	
Total Price for above PAVING Items:		$90,033.56	
			==-============	
120.00	LF		$31.72	$3,806.40	
35.00	LF		*50.95	$1,783.25	

P~ge 1 or 3

! Item Description	
18" N-12	Storm Pipe	
Type P-5	Curb Inlet	
Type C Inlet	
18"	HDPE MES	
24"	HDPE MES	
Rip	Rap Area @ MES (5'x10')	
2'X 3'Concrete Storm Pad	
Clean And Video Storm Line Per Polk County Specs	

Estimated Quantity	Unit	
336.00	LF	
2.00	EACH	
4.00	EACH	
1.00	EACH	
1.00	EACH	
2.00	EACH	
1.00	EACH	
1.00	LS	

Unit Price $36.09 $3,452.38 $1,733.43 $805.53 $825.93 $676.60 $635.52 $2,665.66

Total Price	!	
$12,126.24		
$6,904.76		
$6,933.72		
$805.53		
$825.93		
$1,353.20		
$635.52		
$2,665.66		

Total Price for above STORM SEWER Items:

$37,840.21

SANITARY SEWER

8" DR26 Sanitary Pipe

4'0 Sanitary Manhole 0-6'

Single Sanitary Service (Polk County)

Double Sanitary Service (Polk County)

TV And Air Testing - Gravity Line/Manholes

380.00	LF	$19.86	
2.00	EACH	$2,591.27	
5.00	EACH	$683.29	
3.00	EACH	$1,086.22	
1.00	LS	$4,921.06	
Total Price for above SANITARY SEWER Items:	

$7,546.80

$5,182.54

$3,416.45

$3,258.66

$4,921.06

$24,325.51

WATER AND FIRE DISTIBUTION

8" X 6" Wet Tap W/Valve/Box[Tag

6" DR18 Water Pipe

6" MJ Gate Valve W/Box[Tag

6" MJ 45 Bend

6" X 2" Saddle Tee

6" MJTee

Fire Hydrant Assembly

Single Water Long Service (Polk County)

Double Water Short Service (Polk County)

Testing And Bactees

2" SCH 40 Pipe/Fittings

1.00	EACH	
502.00	LF	
2.00	EACH	
2.00	EACH	
1.00	EACH	
1.00	EACH	
1.00	EACH	
2.00	EACH	
4.00	EACH	
1.00	LS	
66.00	LF	

$3,690.91 $17.60 $1,135.31 $352.37 $274.76 $479.58 $4,483.09 $601.81 $1,167.32 $2,383.21 $18.77

$3,690.91

$8,835.20

$2,270.62

$704.74

$274.76

$479.58

$4,483.09

$1,203.62

$4,669.28

$2,383.21

$1,238.82

Total Price for above WATER AND FIRE DISTIBUTION	Items:		

$30,233.83

Total Bid Price:

Notes:		
•	BID	NOTES:	
	**We have included Video Inspection of Storm Pipe per Polk County Specs.	
	Not Included in Proposal:	
		Permits	
		Landscaping & Irrigation	
		Retaining Walls, Masonry Walls, Footers, And Excavation/Backfill Of Footers	
		Asbestos Removal	
		Installation/Relocation/Repair Of Fence & Gates	
		Relocation/Removal/Repair Of Existing Or Unknown Utilities	
		Utility Sleeves/Conduits	
		Relocation/Removal/Repair Of Power Poles Or Guy Wires	
		Excavation/Backfill Of Building Foundation And/Or Footers	
		Removal Of Muck/Contaminated/Unsuitable Soils Or Materials	
		Over Excavation	
		Materials/Work/Services not indicated or listed.	

$262,140.84

9/10/2018

10:36:10

AM

Page

2

of

3

Holly Hill Road

East

Community

Development District

Resolution 2019-02

		RESOLUTION 2019-02							
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HOLLY		
HILL   ROAD   EAST   COMMUNITY   DEVELOPMENT   DISTRICT		
AUTHORIZING	THE	DISTRICT	ENGINEER,	OR	ANOTHER		
INDIVIDUAL DESIGNATED	BY THE BOARD  OF SUPERVISORS,	TO		
				
ACT AS THE DISTRICT'S	PURCHASING AGENT FOR THE PURPOSE		
OF PROCURING, ACCEPTING, AND MAINTAINING ANY AND ALL		
CONSTRUCTION	MATERIALS		NECESSARY		FOR	THE		
CONSTRUCTION,		INSTALLATION,	MAINTENANCE		OR		
COMPLETION	OF	THEDISTRICT'S	INFRASTRUCTURE		
IMPROVEMENTS  AS	PROVIDED	IN		THE  DISTRICT'S  ADOPTED		
IMPROVEMENT  PLAN;	PROVIDING  FOR  THE  APPROVAL	OF  A		
WORK    AUTHORIZATION;PROVIDINGFORPROCEDURAL		
REQUIREMENTS	FOR		THE	PURCHASE	OF	MATERIALS;		
APPROVING THE FORM OF A PURCHASE REQUISITION REQUEST;		
APPROVING THE FORM OF A PURCHASE ORDER; APPROVING THE		
FORM OF A CERTIFICATE OF ENTITLEMENT; AUTHORIZING THE		
PURCHASE   OF	INSURANCE;	PROVIDING	A	SEVERABILITY		
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.						

is  a

WHEREAS, the Holly Hill local unit of special-purpose

Road East Community Development District (the "District") government created and existing pursuant to Chapter 190,

Florida Statutes;

and

WHEREAS, Chapter 190, Florida Statutes,	authorizes the District	to construct, install,	
operate and/or maintain systems and facilities for certain basic infrastructure; and	

WHEREAS, the  District Board of Supervisors,  upon recommendation	of the	
Engineer,  has  adopted  an  improvement  plan  for  the  construction	and  installation	of	
infrastructure improvements within the District (the "Improvements"); and			

District

certain

WHEREAS,	the District	has  or will enter into various construction contracts for  the		
			Contracts"); and		
construction and installation	of the Improvements (the "Construction			

WHEREAS, direct purchase by the

the  Construction  Contracts  allow,  or will be  amended to  allow,  for  the		
District of certain construction	materials necessary for those contracts; and		

WHEREAS,  the  District	has  determined  that  such  direct	purchase  of construction		
				of the		
materials will provide a significant construction cost reduction that is in the best interest			
			
District; and								
WHEREAS, the District desires	to have a District representative who is familiar with the		
		procuring and handling	construction materials		
project and who is knowledgeable	in the area of				

act as its representative.								
		Page 1	of 3					

NOW,   THEREFORE,   BE   IT   RESOLVED   BY   THE   BOARD   OF				
SUPERVISORS  OF  THE  HOLLY  HILL  ROAD  EAST  COMMUNITY				
DEVELOPMENT DISTRICT:																				
SECTION	1.	The District	Engineer, the District Manager	or another individual as shall		
										of	the District to		
																							
be appointed by the Board ("Purchasing Agent") shall have the full authority				
		at such times		
issue purchase orders or enter into purchase	agreements on behalf	of	the District			
									
			of construction materials required		
and intervals as it determines	necessary for the timely receipt			
																
						of the construction project.														
by the Contractor for the prosecution															
																						
SECTION 2.	The Purchasing	Agent shall purchase on behalf	of the District only those		
												
materials identified in the Construction Contracts and in amounts not to exceed the cost amount		
contained therein and	as	included	in the Construction Contracts.														
																											
SECTION 3.	The Purchasing	Agent shall be authorized	to purchase on behalf	of the		
						in  a	schedule	of	values		
		materials  that	are  identified							
District  any  additional	construction									
associated with any change	order( s) to the Construction Contracts or that of any subcontractor	to		

the Contractor which is approved by the District.																
SECTION	4.	Should the District Engineer act as the Purchasing	Agent for any given		
Construction Contract, a work authorization		of the District Engineer, a form of which	is attached		
							
hereto as Exhibit A,	is hereby	approved and the District Engineer shall be paid such reasonable		
			to its actions as the District's	Purchasing Agent as provided for		
fees, costs and expenses, related				

in the District Engineer's agreement with the District.																
SECTION	5.	The		Purchasing		Agent  is	further		authorized	to	take	any	other		
										the District's	Purchasing Agent,		
administrative actions that are consistent	with his/her duties as				
										
		for  lower	prices  on materials  from  other suppliers,		
including but not	limited to,		negotiating				
arranging  for  the	storage,	delivery,		and		protection	of purchased	materials,		and  sending  and		

receiving notices and releases as are required by law.																
SECTION 6.	The District	Manager is hereby authorized	to	purchase Builders All Risk		
															
Insurance on behalf of the District and with the District as the named insured in such amounts as		
are  necessary  to	cover  the  estimated  costs  of the  construction	materials	pursuant	to  the		
												
Construction Contract.																													

SECTION 7. Composite Exhibit B used by the Purchasing

The procurement procedures and and incorporated herein by reference, Agent for the purchase of construction

its  exhibits,  attached  hereto	as		
			
are hereby approved and shall be		
materials on behalf of the District.		

SECTION 8. If any provision of this Resolution provisions shall remain in full force and effect.

is

held

to

be illegal or invalid, the other

Page

2

of

3

SECTION 9. This in effect unless rescinded or

Resolution shall become effective upon its passage and shall remain repealed.

PASSED AND

ADOPTED

this

__

day

of

__________

,

2018.

ATTEST:

HOLLYHILL	ROAD	EAST	
COMMUNITY	DEVELOPMENT	
DISTRICT			

By: __________	_		
			
Secretary/Assistant Secretary			

By: ___________	_		
			
Chairman / Vice Chairman			

Page

3

of

3

EXHIBIT A

Work Authorization

Board

Holly

of Supervisors
Hill Road East Community Development District

Subject:

Dear	-----		

Work Authorization Number ---
Holly Hill Road East Community Development District

Dennis Wood Engineering, LLC ("Engineer")	is pleased to  submit this		
			
provide engineering services for the Holly Hill Road East Community		
We will provide these services pursuant	to	our current agreement dated		
					
("Engineering Agreement") as follows:					

work authorization to Development District. ______, 2018

I.

Scope

of

Work

Engineer will act as Purchasing Agent for the District construction materials for the District's Improvements procedures adopted by the Board of Supervisors.

with respect to in accordance

the direct with the

purchase of procurement

II.

Compensation

Engineer will be compensated for this work at the hourly rates established pursuant Engineering Agreement.

to

the

III.

Other Direct Costs

Other direct costs include items Engineering Agreement.

such

as

printing, drawings, travel, deliveries, etc., pursuant to the

Work Authorization							
Page 2							
Engineer  hereby  represents  it	understands  and  will  abide  by  all  terms	of  the	District's		
Procurement  Procedures  for  Owner  Purchased  Material.	In  preparing  and  executing  any		
documentation for purposes of ordering or purchasing materials in the name of and on behalf of		
the District, the Engineer will affirm that the vendor supplying theMaterialsOwner Purchased	is		
not also the installer of the Owner Purchased Materials, and further, will affirm that the installer		
of the Owner Purchased Materials did not manufacture,	fabricate or furnish the Owner Purchased		
						
Materials.							
This  proposal,  together with the  Engineering Agreement,  represents the  entire  understanding		
between the Holly Hill Road East Community Development District and GPI with regard to the		
referenced work authorization.	If you wish to accept this work authorization,	please sign both		
					
copies  where  indicated,  and return one complete copy to  our office.   Upon receipt,  we will		
promptly schedule our services.							
Sincerely,							

Dennis Wood, P .E.

Dennis Wood Engineering, LLC, President

APPROVED AND ACCEPTED

By:------------------			
Authorized Representative of	District		
Holly HillDevelopmentRoadEastCommunity			

Date:

-------

Composite Exhibit B

PROCUREMENT PROCEDURES

FOR

OWNER

PURCHASED MATERIAL

1.	Purchase Requisition Request Forms.  At least ten calendar	days prior to CONTRACTOR		
ordering construction materials, CONTRACTOR shall prepare and forward to OWNER a separate		
Purchasing Requisition Request Form for each supplier in the form attached hereto as Attachment		
1,	specifically identifying the construction	materials which CONTRACTOR plans to order from		
			elect  to  purchase  directly  such		
each  supplier  so  that  OWNER  may,  in  its  sole  discretion,			
				
construction materials.					

2.	Purchase Orders.  After receipt	
shall  prepare  Purchase  Orders  in the	
materials which the OWNER wishes to	

of the Purchasing Requisition Request	
form  attached  hereto	as  Attachment	
purchase directly.		

Form, the OWNER

2,  for  construction

	Purchase  Orders	shall  require	that the	supplier provide	required  shipping	and	handling		
insurance.  Purchase Orders shall also require the delivery of	the Owner Purchased	Materials on the		
delivery  dates  provided  by the  CONTRACTOR in the  Purchasing  Requisition Request  Form.		
Pursuant	to	the  Purchase	Order,	the		supplier  will  provide  the  CONTRACTOR  the	required		
quantitiesmaterial	of	construction			at the price established	in the supplier's quote less any associated		
																			
sales tax.																										
3.	Certificate of Entitlement.	The OWNER shall execute a separate Certificate	of Entitlement		
for each Purchase Order in the form attached hereto as Attachment 3, and furnish a copy of same to		
the  supplier  and  to  the  CONTRACTOR	in	accordance  with	section	4.	Each  Certificate	of		

Entitlement must have attached thereto the conesponding Purchase Order.											
	Each	Certificate	of	Entitlement	shall	acknowledge	that	if the	Department	of	Revenue		
determines  the  purchase	is  not	a  tax	exempt  purchase	by  a	governmental  entity,	then	the		
																
governmental entity will be responsible for any tax, penalties and interest determined to be due.			
	Each Certificate of Entitlement shall affirm that	(1)	the attached Purchase Order is	being		
issued directly to the vendor supplying the tangible personal property the CONTRACTOR will use		
in the identified public works; (2)	the vendor's	invoice will be issued directly to the governmental		
													entity to the		
entity;	(3) payment of the vendor's invoice will be made directly by the governmental			
vendor from	public  funds;	(4)  the  governmental	entity will  take  title  to  the  tangible personal		
					of	delivery by	the	vendor;	and  (5)	the		
property	from  the  vendor	at the	time		of purchase  or								
governmental entity assumes the risk of	damage or loss at the time of purchase	or delivery by the		
										
vendor.																										
4.	Transmission of Certificate of		Entitlement and Attached Purchase	Order.	At	least two		
calendar days prior to CONTRACTOR placing OWNER'S order for the construction materials,		
OWNER shall forward each Certificate	of	Entitlement, together with the attached Purchase	Order,		
						
									the Owner Purchased	Materials		
to  CONTRACTOR and to  supplier.	Promptly upon receipt of				
							
							shall  verify  the	purchase	of	the  Owner		
specified	in	each  Purchase  Order,  CONTRACTOR						

Purchased Materials in accordance with the terms		
timely delivery of the Owner	Purchased Materials.		

of

the Purchase Order and in a manner to assure

5.	Notice of Reduction		in Contract Price.  On or about the last business	day	of each month,		
						Price (hereinafter		
										a Notice of Reduction in Contract			
OWNER shall deliver to the CONTRACTOR					
									
"Notice").  Each Notice shall list all Owner Purchased Materials for the respective month and the		
total price for all such constmction materials, plus all saleswouldtaxes which						have been associated		
with such constmction materials had the  CONTRACTOR purchased the constmction materials.		
Each Notice may also include the total price and sales tax (had CONTRACTOR purchased) for any		
previously  purchased  Owner	Purchased  Materials  which  for	any	reason		were  not  previously		
deducted  from  the  contract price.   The  contract price  will  be  reduced	automatically and  as	a		
ministerial task by the amount set forth in each Notice.  Each Notice will also reflect the amended		
contract balance reflecting the deductions taken in said Notice.																			
	The intent of this provision is	to cause the contract price to be reduced		automatically by the		
amount OWNER pays for Owner Purchased Materials plus the amount		of applicable sales tax that		
would have been paid for such constmction materials, had the CONTRACTOR or any other non-		
tax exempt entity purchased the construction materials.	All		savings		of sales taxes  shall accme		
solely to the benefit of OWNER,	and CONTRACTOR shall not benefit	whatsoever from savings	of		

any such taxes.																															
6.	Payment for Owner Purchased Materials.	In order to arrange		for the prompt payment to		
suppliers, the CONTRACTOR shall provide to the OWNER	a list indicating on behalf of the owner		
		of	said Owner			Purchased Materials.		
of the Owner Purchased Materials within	15	days	of receipt							
The list shall include a copy of	the applicable	Purchase Orders, invoices, delivery tickets, written		
								as may be reasonably required	by		
acceptance of the delivered	items, and such other documentation				

		of the appropriate documentation,	the OWNER shall prepare a check		
the OWNER.  Upon receipt				
						will make payment to each		
						of data provided.  OWNER			
drawn to the supplier based upon the receipt				
															
supplier.   The CONTRACTOR agrees to assist the OWNER to immediately obtain appropriate		
partial or final release of waivers.																											
	OWNER shall be responsible	for the full payment of all valid and due invoices	for Owner		
							
							retain the	standard ten percent	amount  of the		
Purchased Materials  and  shall not be entitled to					
			in  the	contract		
progress  payment  due  to  the  CONTRACTOR	as  is  otherwise	provided			for				

documents.																															
	CONTRACTOR  SHALL  AFFIRM  THAT  THE  VENDOR  SUPPLYING  THE		
OWNER PURCHASED MATERIALS	IS NOT ALSO THE INSTALLER	OF	THE OWNER		
PURCHASED MATERIALS.	CONTRACTOR SHALL FURTHER AFFIRM THAT THE		
	MATERIALS PURCHASED						DID NOT MANUFACTURE,		
INSTALLER OF THE OWNER																											
FABRICATE OR FURNISH	THE OWNER PURCHASED MATERIALS.								
																													
7.						.		CONTRACTOR		shall	be  fully		responsible	for	all		
	CONTRACTOR  Responsibilities																										
matters relating to ordering, storing, protecting, receipt, and handling for all construction materials		
including  Owner  Purchased Materials,  in accordance  with these	procedures	including,  but not		
limited  to,  verifying  correct	quantities,	verifying  documents	of	orders	in		a	timely	manner,		

coordinating	purchases,  providing  and		obtaining  all	wananties  and  guarantees  required by the		
contract documents, inspection and acceptance	on behalf of the owner of the construction	materials		
					
at the time of delivery, and loss or damage to the construction materials following acceptance of		
construction materials, due to the negligence	of the CONTRACTOR.  CONTRACTOR	shall serve		

as bailee with respect to such Owner Purchased Materials.  The CONTRACTOR shall coordinate		
delivery  schedules,  sequence	of delivery,		loading  orientation,  and other anangements  normally		
required  by  the  CONTRACTOR  for  the  construction  materials  furnished  including  Owner		
Purchased Materials.	The CONTRACTOR shall provide all services required for the unloading,		
handling  and  storage	of construction	materials through installation including  Owner Purchased		
Materials.  The CONTRACTOR agrees to indemnify and hold harmless the OWNER from any and		
all claims of whatever nature resulting		from non-payment for Owner Purchased Materials arising		
																			
from CONTRACTOR actions.																					
7 .1	Inspection and Documentation.		As Owner Purchased Materials are delivered to the		
job site, CONTRACTOR shall visually inspect all shipments from the suppliers, and approve the		
vendor's invoice for construction materials delivered.	The CONTRACTOR shall assure that each		
delivery of Owner Purchased Material		is	accompanied by documentation adequate		to identify the		
Purchase Order againstthe which	purchase	is made.  This documentation may consist of a delivery		
							to  the Purchase  Order together with  such		
ticket and  an invoice	from	the  supplier		confonning			
additional infonnation as the OWNER		may require.   All invoices for Owner Purchase Materials		
																	will		
shall include the Owner's consumer	certificate of exemption number. The CONTRACTOR			
				
										On or about the 15th and last day	of	each month (or		
then forward all such invoices to the OWNER.						
					submitted by all		
the next succeeding business day),  CONTRACTOR shall review all  invoices			
suppliers of	Owner Purchased Materials	delivered to the project sites during that month and either		
			issuance  of	payment  to  the  suppliers,	based  upon		
concur  or	object  to  the	OWNER's						
											
										Materials delivered to the site and whether any		
CONTRACTOR's records of	Owner Purchased			
											
defects or non-conformities exist in such Owner Purchased Materials.								

7.2	Wananties,  Guarantees, Repairs  and Maintenance.   The  CONTRACTOR shall  be
			on behalf	and				guarantees for all		
responsible for obtaining and managing		of the	Owner all wananties					
					and shall fully wanant all construction		
construction materials as	required by the contract documents			
								
materials including all Owner Purchased	Materials.  OWNER's purchase of various construction		
materials  shall  not  in  any  manner  impact  or  reduce  CONTRACTOR's  duty  to  wanant  said		
construction  materials.	The  OWNER  may  forward	all  repair,	maintenance,  non-confonning		
construction  materials  calls,  or  any  other  issues  relating	to  the	construction	materials  to  the		
CONTRACTOR  for  resolution  with  the  appropriate  supplier,  vendor,  or  subcontractor.   The		
CONTRACTOR shall resolve all such calls or issues.								
7.3	Records and Accountings.  The CONTRACTOR shall maintain records of all Owner		
Purchased Materials it incorporates intofromthe work		the stock of Owner Purchased Materials	in		
					
	shall account monthly to the  OWNER for any		
its possession as  bailee.	The CONTRACTOR			
						indicating portions	of		
Owner Purchased Materials delivered into the CONTRACTOR's possession,				
					
all such construction materials which have been incorporated into the work.					

7.4	Defective  or Non-confonning  Construction Materials.   The  CONTRACTOR  shall

msure  that  Owner  Purchased  Materials  confonn  to  specifications,  and  determine  prior  to

incorporation into the work if	such construction	materials are defective or non-confo1ming, whether		
such construction	materials	are	identical to	the  construction materials  ordered,	and	match  the		
description on the bill	of lading.		If the CONTRACTOR discovers	defective or non-conforming		
Owner Purchased Material upon such visual inspection, the CONTRACTOR shall not utilize such		
non-confo1ming or defective construction materials in the work and instead shall promptly notify		
the  OWNER	of the  defective	or non-conforming  conditions	so  repair  or replacement	of such		
					to the	Project.	If the		
														
construction materials can occur without any undue delay or interruption					
		or	otherwise		
CONTRACTOR	fails	to	adequately	and	properly  perfmm  such  inspection				
					non-conforming  Owner  Purchased	Materials,  the		
incorporates	into	the	Project  defective  or				
condition  of	which  it	either		knew  or  should  have  known	by  performance  of	an	inspection,		
												
CONTRACTOR shall be responsible for all damages to OWNER resulting from CONTRACTOR's		
incorporation	of such construction	materials into the project, including liquidated or delay damages.		

8.	Title.  Notwithstanding the transfer of Owner Purchased		
CONTRACTOR's  possession	as	bailee  for  the  OWNER,	the		

equitable title to any and all Owner Purchased Materials.			

Materials by the OWNER to the OWNER shall retain legal and

9.	Insurance and Risk	of	Loss.	The OWNER shall purchase and maintain Builder's Risk		
Insurance sufficient to protect against any loss or damage to Owner Purchased Materials.  Owner		
shall be the named insured	and such insurance shall cover the full value of any Owner	Purchased		
						
Materials not yet incorporated into the Project during the period between the time the OWNER first		
takes title to  any  such Owner	Purchased Materials and the time when the  last of such Owner		
						in the process of completing	the		
Purchased Materials is incorporated into the project or consumed				

Project.																
10.	No Damages for Delay.  The OWNER shall in	no way be liable for, and CONTRACTOR		
waives all claims for, any damages relating to or caused by alleged interruption or delay due to		
ordering or arrival of Owner	Purchased Materials, defects,	or other problems of any nature	with		

such construction materials, late payment for such construction materials, or any other circumstance		
associated with Owner Purchased	Materials, regardless	of	whether	OWNER's conduct caused, in		
										
				waiver  by  CONTRACTOR includes		
whole	or  in part,  such alleged  damages.   The  foregoing			
damages for acceleration and inefficiencies.  CONTRACTOR accepts from OWNER	as	further and		
specific consideration for the foregoing waivers, OWNER's undertaking to pay for and finance all		
Owner Purchased Materials.															

Attachment 1

PURCHASE REQUISITION REQUEST FORM

1.

Contact Person for the material supplier.

NAME:

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

ADDRESS:

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

TELEPHONE NUMBER:	----------------------		
				
2.	Manufacturer or brand, model or specification	number of the item.		

3. 4.

5. 6. 7.

Quantity needed as estimated by CONTRACTOR. _________		
The price quoted by the supplier for the construction	materials identified above.		
				
$_______				
The sales tax associated with the price quote. $_________		
		_		
Shipping and handling insurance cost. $___________	_		
			
Delivery dates as established by CONTRACTOR. ________		

OWNER:

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

Authorized Signature (Title)	Date	
CONTRACTOR:		
------------------------	
Authorized Signature (Title)	Date	

1.

Attachment 2

PURCHASE ORDER

SEE ATTACHED PURCHASE REQUISITION REQUEST DATED-----------

FORM

2.	Holly  Hill  Road	East	Community	Development  District  State		
							
	exemption certificate number:	______	_		

of

Florida  sales  tax

Holly Hill Road East Community Development materials purchased pursuant to this Purchase Order. shipping and handling insurance cost for delivery of the specified in this Purchase Order.

District is the Purchaser of the construction Supplier shall provide for the required constrnction materials by the delivery date

OWNER:

Authorized Signature (Title)	Date

CONTRACTOR:

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

Authorized Signature (Title)	Date

Attachment 3

CERTIFICATE OF ENTITLEMENT					
The undersigned authorized representative	of Holly Hill Road East Community Development	District (hereinafter		
			, affirms that the		
"Governmental Entity"), Florida Consumer's Certificate of Exemption Number _______			
tangible    personal    property   purchased    pursuant   to    Purchase	Order   Number	_____	from		
____________ (Vendor) on or after ______	(date) will be incorporated into or become a		
part of a public facility as part of a public works contract pursuant to contract dated _________	with		
			
	(Contractor)  for	the  construction  of public  infrastructure		

associated

with

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

Governmental Entity affirms that the purchase of the tangible personal property contained in the attached Purchase Order meets the following exemption requirements contained in Section 212.08(6), F.S., and Rule 12A-l.094,
F.A.C.:

You

must initial each

of

the following requirements.

__	1.	The attached Purchase Order	is issued directly to the vendor supplying the tangible personal property the		
Contractor will usepublicin the identified	works.					
__	2.	The vendor's invoice will be issued directly to Governmental	Entity.				
							
__	3.	Payment of the vendor's invoice will	be made directly by Governmental	Entity to the vendor from public		
							
funds.									
__ 4.	Governmental Entity will take title to the tangible personal property from the vendor at the time of purchase		
or of delivery by the vendor.							
__	5.	Governmental Entity assumes the risk of damage or loss at the time of purchase or delivery by the vendor.		
Governmental Entity affirms that if the tangible personal property identified in the attached Purchase Order does not		
qualify for the exemption provided in Section 212.08(6), F.S., and Rule 12A-l.094, F.A.C., Governmental Entity		
will be subject	to the tax, interest, and penalties due on the tangible personal property purchased.  If the Florida		
Department  of	Revenue  determines	that  the  tangible  personal  property  purchased	tax-exempt  by  issuing  this		
Certificate does not qualify for the exemption,	Governmental Entity will be liable for any tax, penalty, and interest		
						
determined to be due.							

I understand that if I fraudulently of the sales tax plus a penalty of the penalties of pe1jury, I declare are true.

issue this certificate 200% of the tax and that I have read the

to evade the payment of sales tax I will be liable for payment may be subject to conviction of a third degree felony. Under foregoing Certificate of Entitlement and the facts stated in it

Signature

of

Authorized Representative

Title

Purchaser's Name (Print or Type)	Date

Federal Employer Identification Number:

________

_

Telephone Number:

________________

_

You  must  attach  a  copy  of the  Purchase  Order to	this  Certificate  of	Entitlement.  Do  not  send to  the  Florida		
Department of Revenue. This Certificate of Entitlement must be retained	in the vendor's and the contractor's	books		
and records.   This form supplements and supersedes	(to the extent of any conflict) any prior certificates	addressing		

the same purchase.						

Holly

Hill

Road

East

Community

Development District

Uniform

Collection Agreement between Polk Tax Collector and the District

County

				UNIFORM COLLECTION									
						AGREEMENT										
						DISTRICT											
THIS AGREEMENT made and entered into this		24th	day of,	September		2018		
by and between	Holly Hill Community Development District					("District"),		
whose address is	12051 Corporate Blvd., Orlando, FL 32817									
and the Honorable Joe G. Tedder, State Constitutional	Tax Collector in and for the Polk County		
Political Subdivision, whose address is Polk County Tax Collectors Office, P.O. Box 1189,		
						.													
Bartow, Florida 33831-1189 ("Tax Collector")													
						SECTION I										
				Findings and Determinations									
The parties find and determine:														
1.	District	is  authorized  to	impose	and  levy,  and  by  appropriate	Resolution  has		
expressedto its intent	use the statutory	uniform methodology of collection for, certain non-ad		
													as authorized		
valorem special assessments for	Holly Hill Community Development District				
by constitutional and statutory municipal home rule and by section 197.3632, Florida Statutes		
(2012) and Rule 12D-18, Florida Administrative Code.										
2.	The term "Assessments" means those certain levies by the District which purport to		
constitute non-ad valorem special assessments for	Holly Hill	CDD								
								--"----------------		
improvements and related systems, facilities and services pursuant to			Ordinance	2017-814		
a non-ad valorem special assessment	is lienable under Section	4, Article X, Florida Constitution,		
						of property	involved,	over and above		
if it results	in a	special benefit peculiar to the parcels					
general community benefit, as a result	of a logical connection	to the property involved from the		
						to the property fairly		
system, facility and service provided	by the District and if it is apportioned			

and reasonably.																		
3.	The uniform statutory collection methodology	is provided in section 197.3632,		
Florida Statutes, and Rule 12D-18, Florida Administrative Code ("uniform methodology"), with		
its  enforcement provisions,  including	the  use	of tax certificates and	tax  deeds	for  enforcing		
														
against any delinquencies; and																
4.	The uniform methodology is more fair to the delinquent	property owner than		
								
traditional lien foreclosure methodology.													
5.	The uniform methodology provides for more efficiency	of collection by virtue of		
the Assessment being on the official tax notice issued by the Tax Collector which will produce		
positive economic benefits to the District and its citizens; and									
6.	The uniform methodology, through use	of the official tax notice,  will tend to		
eliminate confusion.																	

7.	The Tax Collector, as the	State Constitutional	Officer for the  county political		
subdivision,  charged by  general  law in Chapter  197, Florida Statutes,  and related rules  and		
regulations, to function as the agent of the Florida Department of Revenue for purposes of the		
uniform methodology for the Assessments.					
8.	The  sole	and  exclusive	responsibility	to  determine,  impose  and  levy  the		
					and lienable non-ad valorem		
Assessments and to determine that it is a legal, constitutional			
special assessment for	Holly Hill CDD		and related systems, facilities and services		
is that of	the District and no other person, entity or officer.				

SECTION

II

		Applicable Law and Regulations										
1.	Section  2,  Article  VIII,  Florida  Constitution;		Chapter	170,  Florida	Statutes;		
sections 197.3631, 3632 and 3635, Florida Statutes; Rule 12D-18, Florida Administrative Code;		
and all other applicable provisions of	constitutional	and statutory law, govern the exercise by the		
														
District of	its local self-government	power to render and pay for municipal services.						
																				
2.	Section 1(d), Article VIII, Florida Constitution;	Chapter 197, Florida and other		
					in		capacity as		
																			
applicable provisions of constitutional	and statutory law apply to Tax Collectorhis						
										of Revenue for purpose		
a state constitutional county officer and agent of the Florida Department			
the of collecting and enforcing the collection of	non-ad valorem special assessments	levied by		
					
District.																					
3.	Section 197 .3631, Florida Statutes,	constitutes supplemental authority for District		
															
to levy non-ad valorem assessments including such non-ad valorem special assessments as the			
"Assessments" for	Holly Hill CDD		and related systems, facilities and services.						
4.	Section  197 .3632,  Florida  Statutes,		and  Rule  12D-18,  Florida  Administrative		
								as  well  as,  to  the		
Code,  have  provisions  that  apply	both	to  District and  to  Tax  Collector,			
									
Department of Revenue and the Property	Appraiser in and countyforthe.									
																
						SECTION III											
							Purpose												
The purpose	of this Agreement under Rule 12D-18, Florida Administrative	Code, is to		
establish the terms and conditions under which the Tax Collector shall collect and enforce the		
collection	of those certain non-ad valorem	special assessments, the "Assessments," levied by		
								for actual costs	of	collection		
District to include compensation by District to the Tax Collector					
		of any costs involved	in		
pursuant to section 197 .3632(8)( c),	Florida Statutes; payment by District				
					
separate mailings because of non-merger	of any non-ad valorem special assessment roll as			
certified by the Chair of the Board of		Holly Hill Community	Development District					

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or his or her designee, District for necessary with personnel, forms, which attend all of the uniform methodology,

pursuant to section 197.3632(7), Florida Statutes; and reimbursement by administrative costs, including, but not limited to, those costs associated supplies, data processing, computer equipment, postage and programming collection and enforcement duties imposed upon the Tax Collector by the as provided in section 197.3632(2), Florida Statutes.

SECTION IV

The term of this Agreement shall commence	upon execution, effective for	2018	tax			
									
notice purposes, and shall continue and extend uninterrupted from year-to-year, automatically		
renewed for successive periods not to exceed one (1) year each, unless District shall inform the		
Tax Collector,	as well	as Property Appraiser and the Department of Revenue, by 10	January	of		
each calendar year, if	District intends to discontinue	to use the uniform methodology for such		
Assessments pursuant to section 197.3632(6), Florida Statutes (2012) and Rule 12D-18.006(3),		
Florida Administrative Code, using form DR-412 promulgated	by the Florida Department	of		
						
Revenue.											
		SECTIONV						
		Duties and Responsibilities of District					
District agrees, covenants and contracts	to:							
								
1.	Compensate the Tax Collector	for  actual collection costs incurred pursuant to		
section 197.3632(8)(c), Florida Statutes and 12D-18.004(2), Florida Administrative Code.			

2.	Reimburse Tax Collector for necessary administrative costs for the collection and
enforcement of the Assessment by the Tax Collector	under the uniform methodology, pursuant to		
section 197.3632(2), Florida Statutes, and Rule 12D-18.004(2), Florida Administrative Code,  to		
include,  but  not  be  limited to,  those  costs  associated  with personnel,  forms,  supplies,  data		
processing, computer equipment, postage and programming.				
3.	To pay for or alternatively	to reimburse the Tax Collector for any separate tax		
					special		
notice necessitated by the inability	of	the Tax Collector to merge the  non-ad valorem			
					
assessment	roll certified by District pursuant to section 197.3632(7), Florida Statutes and Rule		
12D-l 8.004(2) Florida Administrative Code.					
4.	District  upon  being  timely  billed  shall  pay  directly  for  necessary	advertising		
relating to implementation of the uniform	non-ad valorem special assessment law pursuant to		
sections   197.3632   and   197.3635,   Florida  Statutes,   and  Rule   12D-18.004(2),   Florida		
Administrative Code.								

5. Holly Hill

By 15 Septemberyear,ofeach calendar Community Development District,hisor

the Chair of the	Board of the

or her designee, shall certify,

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using DR Form 408 to the Tax Collector the non-ad valorem assessment ("Assessment")	roll on		
			
compatible electronic medium, tied to the property parcel identification number, and otherwise in		
conformance with the ad valorem tax rolls submitted by the Property Appraiser in July to the		
Department of Revenue. District or its agent on behalf of District shall post the non-ad valorem		
special assessment for each parcel on the said  non-ad valorem assessment roll and shall exercise		
its  responsibility that  such non-ad valorem assessment roll be free  of errors  and  omissions.		
Section 197.3632(10), Florida Statutes, and Rule 12D-18.006, Florida Administrative Code.		

6.	District	
to  all the	provisions	
statutory provisions	
their successor rules.	

agrees to abide by and implement its duties under the uniform	
of sections  197.3632 and  197.3635,	Florida Statutes, or its	
and all applicable rules promulgated	by the Department of	

law pursuant successor of Revenue and

7.	District acknowledges that the Tax Collector has no duty, authority or responsibility		
in the imposition and levy of any non-ad valorem special assessments, including the District's		
"Assessment" and that it is the sole responsibility and duty of District to follow all procedural		
and substantive requirements  for  the  levy and imposition of constitutionally	lienable non-ad		
			
valorem special assessments, including the Assessments.			
8.	District shall indemnify and hold harmless Tax Collector to the extent of any legal		
action which may be filed in local, state or federal courts against Tax Collector regarding the		
imposition, levy, roll preparation and certification of the Assessments; District shall pay for or		
reimburse Tax Collector for fees for legal services rendered to Tax Collector with regard to any		
such  legal  action.  Nothing  herein  shall  be  deemed  or  construed  as  a  waiver  of sovereign		
immunity by the Tax Collector or the District, and the parties shall have and maintain at all times		
and for all purposes any and all rights, immunities and protections available under controlling		
legal  precedent  as  provided  under  Section  768.28,  Florida  Statute,  or  its  successor  and  as		
provided under other applicable law.			
	SECTION VI			

Duties

of

the Tax Collector

1.	The Tax Collector shall merge timely the legally certified "Assessment"	roll of		
				
the District with all non-ad valorem assessment rolls, merge said rolls with the tax roll,  prepare a		
collection roll and prepare a combined notice (the tax notice) for both ad valorem taxes and non-		
ad valorem special assessments for all levying authorities within the county political subdivision,		
pursuant to sections 197.3632 and 197.3635, Florida Statutes, and its successor provisions, and		
any applicable rules, and their successor rules, promulgated by the Department of Revenue, and		
in accordance with any specific ordinances or resolutions adopted by district, so long	as said		
ordinances and resolutions shall themselves each and every one clearly state intent to use the		
uniform method for collecting such assessments and so long as	they are further not inconsistent		
to,with, or contrary	the provisions of sections 197 .3 63 2 and 197	.3 63 5, Florida Statutes, and their		
successor provisions, and any applicable rules.				

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2.	Tax Collector shall collect the Assessments of District as certified by the Chair of	
the   Holly Hill Community Development District	or his or her designee, to the Tax	
Collector no	later than 15 September of each calendar year on compatible electronic medium,	
tied to the property identification number for each parcel, and in the format used in July by the	
Property Appraiser for the ad valorem rolls submitted to the Department of Revenue, using, DR	
Form 408, and free of errors or omissions.		
3.	The  Tax  Collector agrees to cooperate with District in implementation of the	
uniform methodology for collecting Assessments pursuant to	sections 197.3632 and 197.3635,	
Florida Statutes, and any successor provisions and applicable rules.  The Tax Collector shall not	
accept any non-ad valorem assessment roll for the Assessments of District that is not officially,	
timely and legally certified to the Tax Collector pursuant to Chapter 197, Florida Statutes, and	
Rule 12D-18, Florida Administrative Code.		

4.	If the Tax Collector discovers errors or omissions	
request District to  file  a corrected roll or a correction	of the	
District shall bear the cost of any such error or omission.		

on such roll, Tax Collector may amount of any assessment and

5.	If	Tax  Collector  determines  that a separate mailing  is  authorized pursuant to	
section 197.3632(7), Florida Statutes, and any applicable rules promulgated by the Department	
of Revenue, and any successor provision to said law or rules, the Tax Collector shall either mail	
a separate notice	of the particular non-ad valorem special assessment ("Assessment") or shall	
direct District	to	mail such a separate notice.  In making this decision, the Tax Collector shall	
consider all costs to  District and to the taxpayers of such a	separate mailing as well as  the	
adverse  effect	to	the  taxpayers  of delay  in multiple  notices.	If such  a separate  mailing  is	
effected, District shall bear all costs associated with the separate notice for the non-ad valorem	
special assessment  that could not be merged, upon timely billing by the Tax Collector.	
		SECTION VII		
		Entire Agreement		

1. with good

The parties shall perform all their obligations under this agreement in accordance faith and prudent practice.

2.	This agreement constitutes the entire agreement between the parties with respect	
to the subject matter contained herein and may not be amended, modified or rescinded, unless	
otherwise provided in this Agreement, except in writing and signed by all the parties hereto.	
Should any provision of this Agreement be declared to be invalid, the remaining provisions of	
this Agreement shall remain in full force and effect, unless such provision found to be invalid	
alter substantially the benefits of the Agreement for either of the parties or renders the statutory	
and regulatory obligations unperformable.	

3.

This

Agreement shall

be

governed by the laws

of

the

State

of

Florida.

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4. Written notice shall be given to the parties at the following addresses, or such other place or person as each of the parties shall designate by similar notice:

a.	As to Tax Collector:	Address	Joe G. Tedder	
			P.O. Box 1189	
			Bartow, FL 33 831-1189	
b.	As to District:	Address	Holly Hill Community Development District	
			Jane Glasgow of Fishkind & Associates	
			12051 Corporate Blvd	
			Orlando, FL  32817	

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals and such of them as are corporations have caused these presents to be signedtheirby duly authorized officers.

POLK COUNTY TAX COLLECTOR

Joe G. Tedder

Printed Name

By:

Printed Name

ATTEST:
----------------- By: ______________
			Printed Name	
As	authorized   for   execution   by  the	of	City	
District			
at its	------------ regular meeting.			

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