Fieldstone Community Development District
12051 Corporate Blvd., Orlando, FL 32817
Phone: 407-723-5900, Fax: 407-723-5901
www.fieldstonecdd.com

The meeting of the Board of Supervisors for the Fieldstone Community Development District will be held Wednesday, December 9, 2020 at 1:30 p.m. located at 8141 Lakewood Main Street, Bradenton, FL 34202. The following is the proposed agenda for this meeting.

Call in number: 1-844-621-3956 (New) Passcode: 790 562 990 # (New)
BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Call to Order
Roll Call
Public Comment Period [for any members of the public desiring to speak on any proposition before the Board]

General Business Matters

Administer Oath of Office to Newly Elected Board of Supervisors
Consideration of  the Minutes of the November 11, 2020 Board of Supervisors’ Meeting
Consideration of the Minutes of the November 11, 2020 Landowners’ Election Meeting
Canvassing and Certifying the Results of the Landowners’ Election Meeting
Consideration of Resolution 2021-02, Election Officers Position
Consideration of Resolution 2021-03, Ratification of Revised Adopted Budget for Fiscal Year 2020
Consideration of Dewberry Proposal for Professional Services Surveying Phase 4A & 4B
Ratification of FIT2RUN proposal for the North River Ranch Bikes
Consideration of Windward Building Group, Inc Agreement, North River Ranch Riverfield Verandah Cabana Finishes
Consideration of Windward Building Group, Inc. Agreement, North River Ranch Riverfield
Verandah Amenity Hardscape Parrish (under separate cover)
Ratification of Funding Requests # 2021-01 – 2021-04
Ratification of Payment Authorizations # 01- 05
Ratification of Requisitions # 2019-188 – 2019-191
Ratification of Requisitions Morgan’s Glen Project # 2019-44 – 2019-58
Review of District Financial Statements (under separate cover)

Other Business
Staff Reports

District Counsel
District Engineer
District Manager
Audience Comments
Supervisors Requests
Adjournment

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Administer Oath of Office to Newly Elected Board of Supervisors

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT
BOARD OF SUPERVISORS OATH OF OFFICE

I,	 	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE
UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

_______________________________________ Board Supervisor

ACKNOWLEDGMENT OF OATH BEING TAKEN

STATE OF FLORIDA
COUNTY OF ________________

The foregoing oath was administered before me this ___ day of ___ 	, 2020, by  ______ 	_, who personally appeared before me, and is
personally known to me or has produced ___ 	as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Fieldstone Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

_________________________________________ Notary Public, State of Florida

Print Name: ______ 		_ Commission No.: ____ 	_ Expires: __ 		

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of the Minutes of the November 11, 2020 Board of Supervisors’ Meeting

MINUTES OF MEETING

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING
Wednesday, November 11, 2020 at 1:30 PM 8142 Lakewood Main Street,
Bradenton, FL 34202
Board Members present at roll call via speaker phone or in person: Pete Williams	Chairperson
Sandy Foster	Vice Chairperson
Pricilla Heim	Assistant Secretary
John Blakley	Assistant Secretary
Dale Weidemiller	Assistant Secretary	(via phone) Also Present:
Vivian Carvalho	District Manager-PFM Group Consulting, LLC.
Venessa Ripoll	Assistant District Manager- PFM Group Consulting, LLC (via phone)
Ed Vogler	District Counsel- Vogler Ashton	(via phone)
Rob Engle	District Engineer- Stantec	(via phone) Tom Panaseny	Neal Communities	(via phone) Jim Schier	Neal Communities
John Leinaweaver	Neal Communities
Pam Curran	Neal Communities	(via phone)
Mark Roscoe	Neal Communities	(via phone)

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

Ms. Carvalho call the meeting to order at 1:51 p.m. and proceeded with roll call. The Board Members and Staff in attendance are outlined above.

Public Comment Period

There were no members of the public present.

SECOND ORDER OF BUSINESS	General Business Matters

Consideration of the Minutes of the October 14, 2020 Board of Supervisors’ Meeting

The Board reviewed the Minutes of the October 14, 2020 Board of Supervisors’ Meeting.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved the Minutes of the October 14, 2020 Board of Supervisors’ Meeting.

Consideration of Dewberry Proposal for Professional Surveying Services Phase1C & 1D West

The Board reviewed the Dewberry Proposal for Professional Surveying Services Phase1C & 1D West.

On MOTION by Mr. Williams, seconded by Mr. Blakley with all in favor, the Board approved Dewberry Proposal for Professional Surveying Services Phase1C & 1D West

Consideration of Premier Outdoor Lighting, Inc Proposal for Exterior Lighting at the Brightwood Amenity Center, Entrance and Moccasin Wallow

Ms. Carvalho explained this was a proposal requested by Mr. Roscoe and Mr. Panaseny to include on today’s agenda. The next agenda item is for the same company but another area within the community.

Mr. Roscoe explained this is a lighting proposal for the entry lights to light up the entry monuments and the monuments on the corners of Moccasin Wallow and Fort Hamer Road.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved Premier Outdoor Lighting, Inc Proposal for Exterior Lighting at the Brightwood Amenity Center, Entrance and Moccasin Wallow.

Consideration of Premier Outdoor Lighting, Inc, Proposal for Exterior Lighting at the Verandah Amenity in Morgan’s Glen

Ms. Carvalho explained this proposal is for the lighting at the Verandah Amenity in Morgan’s Glen.

On MOTION by Mr. Williams, seconded by Ms. Foster, with all in favor, the Board approved Premier Outdoor Lighting, Inc, Proposal for Exterior Lighting at the Verandah Amenity in Morgan’s Glen.

Consideration of Windward Building Group Fitness Stations Proposal

Mr. Roscoe stated the fitness stations are two Fit Pods which will go outside of Phase 3 and the price includes both Fit Pods. Ms. Carvalho requested a motion from the Board to approve as presented.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved the Windward Building Group Fitness Stations Proposal, subject to inclusion of addendum for the purposes of the Contract.

Ratification of the Stantec Professional Services for the Transportation Impact Analysis

This is related to North River Ranch CDD not Fieldstone CDD.

Ratification of Termination letter with Daystar Exterior Cleaning and Ratification of Agreement with Jan Pro of Manasota

Ms. Carvalho stated the District had Daystar Exterior Cleaning Contract as the Cleaning company for the amenity center and there were a dissatisfactions of services. Due to the

timing of termination from one company to contracting with another company Mr. Williams executed the new contract.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board ratified the termination letter with Daystar Exterior Cleaning Contract and  ratification of agreement with Jan Pro of Manasota for cleaning services for the community.

Review & Consideration of Change Order #4, North River Ranch Phase 1D

Mr. Engle Reviewed Change Order #4 with the District’s contract with RIPA & Associates for the construction of North River Ranch Phase 1D.

This change order represents a deduct from their contract in the amount of  $78,845.56.

On MOTION by Mr. Blakley, seconded by Mr. Williams, with all in favor, the Board approved Change  Order #4 ,  North  River  Ranch  Phase  1D in  the  deduct amount of
$78,845.56.

Review & Consideration of Change Order #5, North River Ranch Phase 1B

Mr. Engle Reviewed Change Order #5 with the District’s contract with RIPA & Associates for the construction of North River Ranch Phase 1B.

This change order represents deduct in the amount of $135,134.67.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved Change Order #5 , North River Ranch Phase 1B in the deduct amount of
$135,134.67.

Review & Consideration of Change Order #6, Morgan’s Glen Phases 1&2

Mr. Engle Reviewed Change Order #6 with the District’s contract with Woodruff & Sons for the construction of Morgan’s Glen Phases 1&2.

This change order represents several extra items such as irrigation pipe in the farm field that needed to be removed, dirt management regarding the berms and undercutting the berms, addition of a modular block retaining wall at the Amenity Center. There were modifications to the height of the berms, curb and re-staking that was caused along the way. These items result in an increase in the amount of $355,952.93. In addition to the monetary amount the Contractor also requested 90 days be added to the Contract for Phase 1A which will bring 1A to substantial completion right before Thanksgiving.

On MOTION by Mr. Williams, seconded by Ms. Foster, with all in favor, the Board approved Change Order #6, Morgan’s Glen Phases 1&2 in the increased amount of
$355,952.93.

Review & Consideration of Change Order #8, Fort Hamer Road Extension

Mr. Engle reviewed Change Order #8 with the District’s contract with Woodruff & Sons for the construction of Fort Hamer Road Extension.

This change order represents the requirement to clean out the box culvert that ran under Fort Hamer on the North side of Moccasin Wallow which resulted in an increase to this Contract in the amount of $12,941.25.

On MOTION by Mr. Williams, seconded by Mr. Blakley, with all in favor, the Board approved Change Order #8, Fort Hamer Road Extension in the increased amount of
$12,941.25.

Mr. Blakley had a question about the Change Order No. 6, Morgan’s Glen Phases 1&2 about the request for the 90 day Contract extension. Woodruff & Son’s said they would be finished by Thanksgiving and asked if the 90 day extension was retroactive. Mr. Engle

stated it was a liquidated damage contract and they already passed their date in the original contract and Change Order No. 6 is cleaning that up.

Ratification of Funding Requests 2020-48– 2020-50

The Board reviewed Funding Requests 2020-48– 2020-50.

On MOTION by Mr. Williams, seconded by Ms. Foster, with all in favor, the Board ratified Funding Requests 2020-48 – 2020-50.

Ratification of Requisition 2019- 187

The Board reviewed the requisition 2019-187.

On MOTION by Mr. Williams, seconded by Ms. Heim, with all in favor, the Board ratified Requisition 2019-187.

Ratification of Requisitions Morgan’s Glen Project 2019-40 – 2019-43

The Board reviewed the requisitions for Morgan’s Glen Project 2019-40 – 2019-43

On MOTION by Mr. Williams, seconded by Ms. Foster, with all in favor, the Board ratified Requisitions Morgan’s Glen Project 2019-40– 2019-43.

Review	of	District	Financial Statements

The Board reviewed the Financial Statements through October 31, 2020.

On MOTION by Mr. Williams, seconded by Ms. Heim, with all in favor, the Board accepted the District Financial Statements through October 31, 2020.

THIRD ORDER OF BUSINESS	Staff Reports District Counsel –	No Report
District Engineer – Mr. Engle stated there is one item he would like to give the Board as information and possible discussion. District staff recently bid out the next phases which are the final phases of North River Ranch Phase 1, Phase 1C and Phase 1D West were bid out. He received the bids on November 3, 2020 and got two (2) responsive bidders from Jon M. Hall Company and Westruff Corporation but Jon M. Hall was the low bidder in the amount of $7,291,514.51. He received a third bid that was determined to be non-responsive as it did not have all the required documentation. It did not have a bid bond and so he made the determination to throw that bid out. Additionally, these phases were not in the bond issuance that is in place right now. He stated he is happy to bring this back at the December Board Meeting for potential award and a discussion about the proper way to fund this and get the funds in place for the District since the bond funds don’t cover this.

Mr. Williams suggested bringingthis back to the Board in December and have Mr. Vogler craft the appropriate form of a Developer Funding Agreement because it is in their best interest to fund it and it is the only other funding source for the District.

Mr. Engle told Mr. Panaseny he knew he had some urgency to get this started and he can move ahead with the Contractor to get some paperwork in place in the meantime until December unless he has another request that the Board might do this otherwise. Mr. Panaseny stated this needs to be brought back to the Board with the proper funding documentation so that it is clear. He anticipates Developer Fundingthrough the District until bonds are issued which he anticipates being early 2021. Mr. Williams asked Mr. Panaseny if there is timeline that gets sent back to start construction on this if the Board does not approve it today. Mr. Panaseny said no and these are replacement lots for the lots that are on the ground now

in Phase 1A, 1B, and 1D East and he anticipates the Builders will need the replacement lots the third quarter of 2021 and he does not know that December will set them back but he does not want to go beyond that.

On MOTION by Mr. Williams, seconded by Ms. Heim, with all in favor, the Board authorize District Counsel to craft the necessary Funding Agreement for Phase 1, Phase 1C and Phase 1D West.

District Manager –
Ms. Carvalho stated District Management is working on the process of amending Budgets for Fiscal Year 2020 per Statute requirements. She requested a motion from the Board to authorize the District Chair and District Management to Amend the Budget for Fiscal Year 2020 (if necessary) and proceed with including the Amended Budget on the Agenda for ratification at the next Board Meeting.

Mr. Williams explained amending the Budget does not mean the District went over the total Budget, but the District must reallocate funds to balance the Budget. It is a requirement per Statute and review during the Audit process.

On MOTION by Mr. Williams, seconded by Ms. Blakley, with all in favor, the Board authorized District Chair and District Management to amend the Budget for Fiscal Year 2020 (if necessary) and to proceed with including the Amended Budget on the Agenda for ratification at the next Board Meeting.

Audience	Comments	and Supervisor Requests

There were no Supervisor requests.

FOURTH ORDER OF BUSINESS	Adjournment

There were no other questions or comments. Ms. Carvalho requested a motion to adjourn.

On MOTION by Ms. Foster, seconded by Ms. Heim, with all in favor, the November 11, 2020 Meeting of the Board of Supervisor’s for the Fieldstone Community Development District was adjourned at 2:08 p.m.

___________________________	__________________________
Secretary / Assistant Secretary	Chairperson / Vice Chairperson

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of the Minutes of the November 11, 2020 Landowners’ Election Meeting

MINUTES OF MEETING

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT LANDOWNERS’ ELECTION
Wednesday, November 11, 2020 at 1:30 p.m. 8141 Lakewood Main Street,
Bradenton, Florida 34202

Present:

Jim Schier	Proxyholder- Neal Communities
Vivian Carvalho	District Manager- PFM Group Consulting, LLC

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 2:16 p.m. The individuals in attendance are included above.

SECOND ORDER OF BUSINESS	Appointment of Meeting Chairman

Ms. Carvalho chaired the meeting.

THIRD ORDER OF BUSINESS	Identification of Landowners and/or Landowner’s Proxy Holder(s)

Jim Schier is the Proxyholder for the following entities:
Lansdowne Partners Group, LLC and NPL Unit 2, LLC.
Lansdowne Partners Group, LLC has a total of 234 Acreage which provides a total of 234 votes to cast,
NPL Unit 2, LLC has a total of 220 Acres/Lots which provides a total of 220 votes to cast.

FOURTH ORDER OF BUSINESS	Call for Nominations

Mr. Schier cast the votes as follows:

Ms. Priscilla Heim for Seat 3 with 400 votes. Ms. Sandy Foster for Seat with 400 votes. Mr. Pete Williams for Seat 5 with 200 votes.

FIFTH ORDER OF BUSINESS	Election of Supervisors

Ms. Carvalho announced the results for the elections. Ms. Priscilla Heim and Ms. Sandy Foster will each serve 4-year terms and Mr. Pete Williams will serve a 2-year term.

SIXTH ORDER OF BUSINESS	Adjournment

There was no additional business to come before the Landowner Election and Mr. Schier adjourned the meeting at 2:20PM.

___________________________	__________________________
Secretary / Assistant Secretary	Chairman / Vice Chairman

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Resolution 22021-044,Canvassing and Certifying the
Results of the Landowners’ Election Meeting

RESOLUTION 2021-04

A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS OF THE FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES

WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 11, 2020 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and

WHEREAS, this Resolution canvasses the votes and declares and certifies the results of said election;

NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT;

The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to with:

Votes Votes Votes

In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office:

Four (4) Year Term Four (4) Year Term Two (2) Year Term

Said terms of office shall commence immediately upon the adoption of this Resolution PASSED AND ADOPTED THIS 9th DAY OF December, 2020.

Chairperson
FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

ATTEST:

_______________________ Secretary

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Resolution 2021-02, Election Officers Position

RESOLUTION  2021-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIELDSTONE   COMMUNITY  DEVELOPMENT   DISTRICT ELECTING THE OFFICERS OF THE DISTRICT, AND  PROVIDING FOR AN EFFECTIVE DATE

WHEREAS,	the	FIELDSTONE	COMMUNITY	DEVELOPMENT DISTRICT
(hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, pursuant to Section 190.006(6), Florida Statutes, as soon as practicable after each election or appointment to the Board of Supervisors (the “Board”), the Board shall organize by electing one of its members as chair and by electing a secretary, and such other officers as the Board may deem necessary.

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

Section 1.	 	is elected Chairman. Section 2.	 		is elected Vice Chairman.
Section 3.	 	Vivian Carvalho 		is elected Secretary.
 	Venessa  Ripoll 	is elected  Assistant  Secretary.
 	  is elected  Assistant  Secretary.
 	  is elected  Assistant  Secretary.
 		is elected  Assistant  Secretary.

Section 4.	 	Jennifer Glasgow 		is elected Treasurer.

Section 5.	 	Amanda Lane 		is elected as Assistant Treasurer.

Section 6.	All resolutions or parts of Resolutions in conflict herewith  are  hereby repealed to the extent of such conflict.

Section 7.	This   Resolution  shall   become	effective immediately upon its adoption.

PASSED AND ADOPTED THIS 9th DAY of December 2020

FIELDSTONE
COMMUNITY DEVELOPMENT
ATTEST:	DISTRICT

Secretary/Assistant  Secretary	Chairman/Vice-Chairman

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Resolution 2021-03, Ratification of Revised Adopted Budget for Fiscal Year 2020

RESOLUTION 2021-03

THE REVISED ANNUAL APPROPRIATION RESOLUTION OF FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) RELATING TO THE REVISED ANNUAL APPROPRIATIONS AND ADOPTING THE REVISED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020

WHEREAS, the Fieldstone Community Development District Board of Supervisors (the “Board”) previously approved and adopted an annual budget for the fiscal year beginning October 1, 2019 and ending September 30, 20 20 , pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the Board now desires to revise the annual budget for the fiscal year beginning October 1, 2019 and ending September 30, 2020; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that the District Board by passage of the Annual Appropriation Resolution shall adopt a budget for the each fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and

WHEREAS, the District Manager has prepared a Proposed Budget, whereby the Proposed Budget projects the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS	OF	FIELDSTONE	COMMUNITY DEVELOPMENT DISTRICT;

Section 1.	Budget

That the Board of Supervisors has reviewed the District Manager’s Proposed Budgets, a copy of which is on file with the office of the District Manager and at the District’s Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

That the District Manager’s Proposed Budgets, attached hereto as Exhibit
 “A,” are hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for fiscal year 2019- 2020.

That the adopted budget shall be maintained in the office of the District Manager and at the District’s Records Office and identified as “The Revised Budget for the Fieldstone Community Development District for the Fiscal Year Beginning October 1, 2019 and Ending September 30, 2020", as adopted by the Board of Supervisors on August 27, 2019.

Section 2.	Appropriations

There is hereby appropriated out of the revenues of the Fieldstone Community Development District, for the fiscal year beginning October 1, 2019, and ending September 30, 2020, the sum of money to be raised by the levy of assessments and otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion:

TOTAL GENERAL FUND	$______________

TOTAL ALL FUNDS	$ 	 	

Section 3.	Supplemental Appropriations

The Board may authorize by resolution, supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the fiscal year as follows:

Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item.

Board may authorize an appropriation from the unappropriated balance of any fund.

Board may increase any revenue or income budget amount to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.

The District Manager and Treasurer shall have the power within a given f und to authorize the transfer of any unexpected balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than $10,000 or 10% increase, previously approved transfers included, to the original budget appropriation for the receiving program. Transfers within a program or project may be approved by the Board of Supervisors.  The District Manager or Treasurer must establish administrative procedures which require information on the request forms proving that such transfer requests comply with this section.

Introduced, considered favorably, and adopted this 9th day of December 2020.

ATTEST:	FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Secretary

By:	 Its: 	

Fieldstone Community Development District
Revised FY 2020 O&M Budget

Actual Through 09/30/2020

FY 2020
Adopted Budget

Revised FY 2020 Budget

Increase / (Decrease)

Revenues
Developer Contributions

$	272,102.94

$ 488,910.00

$  488,910.00	$	-

Other Income & Other Financing Sources	2,473.42	-	-	-

Net Revenues

General & Administrative Expenses

$	274,576.36

$ 488,910.00

 
$  488,910.00	$	-

Supervisor Fees	$	12,800.00	$ 12,000.00	$ 12,800.00	$	800.00	
Public Officials Insurance	2,306.00	2,500.00	2,500.00	-	
Trustee Services	2,496.87	6,000.00	6,000.00	-	
District Management	40,000.00	40,000.00	40,000.00	-	
Engineering	43,829.57	25,000.00	43,829.57	18,829.57	
Dissemination Agent	10,000.00	5,000.00	10,000.00	5,000.00	
District Counsel	20,639.00	25,000.00	25,000.00	-	
Assessment Administration	-	7,500.00	3,944.48	(3,555.52)	
Reamortization Schedule	-	125.00	125.00	-	
Audit	6,000.00	6,000.00	6,000.00	-	
Arbitrage Calculation	-	1,200.00	-	(1,200.00)	
Telephone	-	100.00	-	(100.00)	
Postage & Shipping	233.79	100.00	233.79	133.79	
Copies	-	100.00	-	(100.00)	
Legal Advertising	2,914.06	5,000.00	5,000.00	-	
Miscellaneous	2,155.82	4,725.00	4,725.00	-	
Office Supplies	170.08	100.00	170.08	70.08	
Web Site Maintenance	1,800.00	2,700.00	2,700.00	-	
Dues, Licenses, and Fees	425.00	175.00	425.00	250.00	
Maintenance Staff	-	8,000.00	-	(8,000.00)	
Electric	3,485.25	30,000.00	30,000.00	-	
Clubhouse Electric	11,518.40	6,000.00	11,518.40	5,518.40	
Clubhouse Water	-	360.00	-	(360.00)	
Water Reclaimed	9,864.13	15,000.00	15,000.00	-	
Stormwater - Repair and Maintenance	-	15,000.00	-	(15,000.00)	
Amenity - Cable TV / Internet	1,486.37	-	1,486.37	1,486.37	
Amenity - Landscape Maintenance	12,736.00	10,000.00	12,736.00	2,736.00	
Amenity - Irrigation Repairs	2,580.00	-	2,580.00	2,580.00	

		

Amenity - Pool Maintenance	1,800.00	

12,000.00	12,000.00	-	
5,000.00	5,000.00	-	

Amenity - Access Control	-

Amenity - Pest Control	5,124.15	-	5,124.15	5,124.15	
Equipment Rental	9,501.00	30,000.00	30,000.00	-	
General Insurance	2,819.00	3,025.00	3,025.00	-	
Property & Casualty Insurance	7,385.00	6,700.00	7,385.00	685.00	
Irrigation - Repair and Maintenance	166.73	15,000.00	15,000.00	-	
Lake Maintenance	12,150.00	15,000.00	15,000.00	-	
Landscaping Maintenance & Material	25,148.00	100,000.00	100,000.00	-	
Landscape Improvements	5,265.00	50,000.00	50,000.00	-	
Equipment Repair & Maintenance	-	5,000.00	-	(5,000.00)	
Cleaning		7,610.00			2,500.00			7,610.00	5,110.00	
Lighting		222.58			2,000.00			2,000.00	-	
Streetlights - Repair and Maintenance		-			15,000.00			-	(15,000.00)	
Total General & Administrative Expenses	$	264,631.80		$	488,910.00		$	488,917.84	$	7.84	

Total Expenses	 $	264,631.80         $   488,910.00        $  488,917.84        $	7.84 	

Income (Loss) from Operations	$	9,944.56	
$	-	$	(7.84)	
$	(7.84)	
her Income (Expense)
Interest Income	$	7.84	
$	-	$	7.84	
$	7.84	
Total Other Income (Expense)	$	7.84		$	-	$	7.84		$	7.84	
Net Income (Loss)	$	9,952.40		$	-	$	-		$	-	

Ot

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Dewberry Proposal for Professional Services Surveying Phase 4A & 4B

ADDENDUM TO AGREEMENT BETWEEN
FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between Fieldstone Community Development District and Contractor,(the “Addendum”), is made and entered into as of the _ 	day of _ 		, 2020, by and between the Fieldstone Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida  Statutes, (hereinafter, "District"); a nd  _	

(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District. Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contra ctor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been mad5e. therefoTreh.e Contractor shall prepare and maintain complete records and comprehensive books rela t ing to the Work and/or any other services performed on lands within and/or controlled by the District, (the “ Records”), which Records shall be maintained by the Contractor for a period of at least five (5) years after the expiration of the Agreement ; and, copies of all Records shall be timely given to the District upon request. The Records shall include, but not be limited

to, documents and other information pertaining to all costs associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times upon prior notice to Contractor, and Contractor shall be required to prepare and maintain all Records on a basis of generally accepted accounting principles. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor will reimburse District for the cost of the audit and pay 2.5 times the amount of the overcharges as liquidated damages.

The Contractor agrees and understands that District is a special purpose unit of local government and as such is subject to Chapter 119, Florida Statutes. Contractor agrees and covenants to fully cooperate with District, to District's full satisfaction, in responding to requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Work and the Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shall fully comply with Florida law, and specifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that all work products of Contractor, Contractor's employees, suppliers and subcontractors, including drawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other materialprepared by Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreement shall be further subject to the “ Terms and Conditions to CDD Addendum,” attached hereto as Exhibit “A,” and incorporated herein.

The parties agree that the Agreement shall be controlled and governed by the la ws of the State of Florida, with venue situate in Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreement between the parties hereto with respect to the matters hereby. All prior negotia tions, representations a nd agreements, whether oral or written, with respect hereto not incorporated herein are hereby cancelled , terminated and void. The Agreement can be modified or amended only by a written document duly executed on behalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDD Addendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule a nd the remaining provisions of the Agreement, Addendum and Terms and Conditions to CDD Addendum shall remain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete document and shall be referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anything to the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDD Addendum] and the terms of the Agreement, the terms of this Addendum shall at all times govern, control and prevail.

IN WITNESS WHEREOF, this Addendum is hereby executed as of the date first above set forth.

Contractor:

___ 	

By:	 Name:	 Title: 		District:

Fieldstone Community Development District

By:	 Name:	 Chairperson/Vice Chairpersonof the Board of Supervisors	

 EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shall complete all Work as specified or indicated in the Agreement in a timely and professional manner; in accordance with all laws, rules and regulations of any governmental body with jurisdiction thereto; a nd in accordance with any and all schedules or other time frames for completion of the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representative for the District to review and inspect the Work. District Engineer shallat all times have access to review all plans, specifications, permits, approvals and all other matters of and a ssociated with Contractor’s Work and completion thereof.

SECTION 3.	AUDIT

Contractor shall check all materials and labor entering into the Work and shall keep such full and detailed accounts as maybe necessary to determine the Cost of the Work. District shall have access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shall preserve such records for a period of not less tha n f ive (5 ) years after final payment.

SECTION 4. PAYMENTS

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent (10%) shall be retained from each payment made by District to Contractor until the Work has been fully completed in accordance with the Agreement and all provisions rela ted to the Work have been fulfilled, as confirmed in writing by the District’s Representative, and all provisions related to the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a party to the Agreement, then District shall appoint an independent District Representative.

Any provision hereof to thecontrary notwithstanding, District shall not be obligated to make any payment to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplementedand modified by the Addendum and this Terms and Conditions to CDD Addendum).

As a condition precedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier and release of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work. The Contractor agrees, and this Agreement is based upon the expressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shall indemnify and hold District harmless from and a gainst such liens, claims, rights and a ny a nd all expenses incurred by the Contractor or District in discharging them.

As conditions precedent to any final payment under the Agreement, Contractor shall: (i) execute and deliver a final affidavit, wavier and release of all claims and liens Contractor may have against the District a nd the la nd a nd improvements upon which the Work is located; (ii) furnish written release and waivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishing work, labor, materials, machinery or fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish any manufacturers' guarantees or warranties for materials provided or equipment installed in the Work; (iv) have done and performed all other things required of it pursuant to the Agreement; (v) furnished District with the Certificate of Use or Occupancy, as the case may be (if applicable); (vi) warrant all workmanship as outlined in Exhibit A-1, attached; and (vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflecting all changes, modifications and additions thereto which occurred during performance of the Work. Acceptance of any Work or any possession taken by District shall not operate as a waiver of any provision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at law or in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement and any extensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insurance shall be kept in full force and effect until acceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmental agency designated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shall be named as additional insured on all insurance policies required with the exception of worker's compensation and employer’s liability insurance. All required insurance policies, except workers' compens ation a nd employers' liability, shall be endorsed to be primary and non-contributory to any insurance otherwise carried by Contractor and District with respect to the Work. Such insurance shall not be modified, permitted to lapse, or canceled without written notice to District from such insurance companies, mailed to District, with copies to District’s Representative, via Registered Mail thirty (30) days in advance of such modification, expiration, or cancellation. In the event of such cancellation notice, Contractor, at Contractor's expense, shall obtain replacement insurance coverage from other insurance companies prior to the cancellation of the original insurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Including but not limited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosion legal liability. Explosion, collapse and underground hazard included.
Products liability.
Completed operations coverage for 3 years after completion and acceptance of the Work.	$1,000,000 combined single limit bodily injury and property damage per occurrence and project specific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
property damage per occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shall have
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shall require each subcontractor to have the insurance coverage required by this Section or such other amount as agreed to by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences any of the Work. Contractor's obtaining of the insurance required by this Section shall in no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shall also carry such additional insurance as may be required by any law. All insurance policies required of Contractor and subcontractors shall contain a waiver of subrogation clause wherein no insurance company shall have any right of recovery a gainst District.

All insurance required in this section shall be provided by financially responsible insurance carriers authorized or eligible to do business in the state of Florida and rated by A.M. Best Rating Service as A- or better.

District and Contractor acknowledge that the insurance requirements set forth in the Agreement may be required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears any additional cost occasioned thereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shall be performed by Contractor as an independent contractor at its sole risk, cost and expense. District shall have the right to insist that all the provisions and requirements of the Agreementare carried out by Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either party to this Agreement of any breach or default by the other in the performance of any obligations hereunder shall be deemed or construed to be a consent or waiver to or of a ny other breach or default by such party hereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute waiver of the rights of such part y hereunder. Notwithstanding anything to the contrary in the Agreement, inspection or failure of District to perform any inspection hereunder, shall not release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor    shall   protect    and    prevent    damage     to     all     finished     and     unfinished portions of the Work, including but not limited to the protection thereof from damage by the elements, theft or vandalism. Restoration of such damage shall be the sole responsibility of Contractor and shall not be cause f or a n increase in amounts owed Contractor pursuant to the Agreement.

If any property upon which the Work is completed or accessed in order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shall repair and restore the property to the condition which exists on the date hereof. Such repair or restoration shall be the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shall observe and abide by and perform all of its obligations hereunder a nd all other a ct iv it ies in connection with the Work in accordance with all applicable laws, rules and regulations of all governmental a uthorities having jurisdiction, including the District.

SECTION 10. PERMITS AND LICENSES

Contractor shall pay all taxes, including sales taxes, unless otherwise stated herein. Contractor shall obtain and pay for all construction permits and licenses, and all contributions imposed or required by any law for any employment insurance, pensions, age-related retirement funds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it and its subcontractors by the Federal Social Security Act and the unemployment compensation law or any similar law of any state.

SECTION 11. TERMINATION
District may immediately terminate the Agreementin the event of the happening of any of the f ollowing or a ny other comparable event: (a) insolvency of the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntary petition in bankruptcy against Contractor, (d) appointment of a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordance with the provisions of this Agreement, (g) failure of Contractor to prosecute the Work to completion thereof in a diligent, efficient, workmanlike, skillful and careful manner and in accordance with provisions of this Agreement, (h) failure of Contractor to use an adequate amount or quality of personnel or equipment to com plete the Work without delay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches any of the terms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days written notice thereof. Upon receipt of such notice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connection with such termination, Contractor shall perform such acts as may be necessary to preserve and protect that part of the Work theretofore performed hereunder. Upon such termination, District shall pay to Contractor a sum of money equal to the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchase orders covering the unperformed parts of the Work. In the event of such termination, the Contractor shall not be entitled to anticipated profits on any Work not yet performed; and the Agreement shall become terminated and of no further force nor effect; provided however, and notwithstanding a nything to the contrary, all warranties of Contractor for Work completed prior to the termination of the Agreement shall continue in full force and effect and shall survive termination of the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, the losing party shall pay to the prevailing party all costs and expenses, including without limitation, reasonable attorneys' fees and expenses, incurred in such action or proceeding and in any appeal in connection by such prevailing party. This Section is intended to be severable from the other provisions of this Agreement, and the prevailing p arty's rights under this Section shall not merge into any judgment and any judgment shall survive until all such fees and costs have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weekly progress reports delivered to the District’s Representative by 3:00 pm, Friday f or the current week of Work.

Contractor shall coordinate all inspections required by governmental agencies and the District’s Representative. All construction methods, materials, and testing shall comply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exempt from the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize the cost of the Work to the District, the Contractor agrees to cooperate with the District and to allow the District, at its option, to purchase materials in its name in order to avoid the Sales Tax that would otherwise be due on such purchases. All savings realized by the District as a result of such direct purchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shall apply to the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor") 	does hereby warrant and guarantee the Work in it s entirety as defined in the Agreementdated _ 		shall be free and clear from def ects for a period of one (1) year from the date of inspection and acceptance by the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees to repair or replace to the satisfaction of the District’s Representative any or all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after being notified, Contractor hereby authorizes the District to proceed to have defects repaired and made good at Contractor's sole cost andexpense, and Contractor shall pay the costs and charges therefore immediately upon demand to the District.

The warranty-guarantee rights afforded the District herein shall be in addition to all other rights afforded the District at la w and equity, and shall in no way restrict, limit or impair those additional rights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)

By:		 Title:	 	
Date: 	, 20 	

Attachment A

STANDARD HOURLY BILLING RATE SCHEDULE

Professional/Technical/Construction/Surveying Services

LABOR CLASSIFICATION	HOURLY RATES	
Professional		
Engineer I, II, III	$110.00, $120.00, $135.00	
Engineer IV, V, VI	$150.00, $170.00, $200.00	
Engineer VII, VIII, IX	$220.00, $235.00, $250.00	
Environmental Specialist I, II, III	$95.00, $115.00, $135.00	
Senior Environmental Scientist IV, V, VI	$155.00, $170.00, $185.00	
Planner I, II, III	$95.00, $115.00, $135.00	
Senior Planner IV, V, VI	$155.00, $170.00, $185.00	
Landscape Designer I, II, III	$95.00, $115.00, $135.00	
Senior Landscape Architect IV, V, VI	$155.00, $170.00,$ 185.00	
Principal	$299.00	
Technical		
CADD Technician I, II, III, IV	$75.00, $90.00, $105.00, $125.00	
Designer I, II, III	$100.00, $120.00, $140.00	
Designer IV, V, VI	$155.00, $175.00, $200.00	
Construction		
Construction Professional II, III	$145.00, $165.00	
Construction Professional IV, V, VI	$185.00, $210.00, $235.00	
Survey		
Surveyor I, II, III	$60.00, $75.00, $90.00	
Surveyor IV, V, VI	$105.00, $115.00, $130.00	
Surveyor VII, VIII, IX	$150.00, $170.00, $195.00	
Senior Surveyor IX	$240.00	
Fully Equipped 2, 3, 4 Person Field Crew	$155.00, $190.00, $225.00	
Administration		
Administrative Professional I, II, III, IV	$70.00, $90.00, $110.00, $145.00	
Other Direct Costs (Printing, Postage, Etc.)	Cost + 15%	

** Company Confidential and Proprietary
Revised 8-01-20\Subject to Revision\Standard Hourly Billing Rate Schedule

ATTACHMENT B STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions (“STCs”) are incorporated by reference into the foregoing agreement or proposal, along with any future modifications or amendments thereto made in accordance with Paragraph 23 below (the "Agreement") between Dewberry (“we" or “us” or “our”) and its client (“you" or “your”) for the performance of services as defined in our proposal ("Services"). These STCs are fully binding upon you just as if they were fully set forth in the body of the Agreement, and shall supersede any term or provision elsewhere in the Agreement in conflict with these STCs.
Period of Offer. Unless we decide, in writing, to extend the period for acceptance by you of our proposal, you have 90 days from our proposal date to accept our proposal. We have the right to withdraw the proposal at any time before you accept. Delivery of a signed proposal—whether original or copy—to us constitutes your acceptance of the proposal, including attachments expressly incorporated into the proposal by reference. The proposal and incorporated attachments shall constitute the entire Agreement between you and us.
If you request us to render Services before you deliver a signed proposal to us, and we render Services in accordance with the proposal, you agree that the proposal and these STCs constitute the Agreement between you and us even if you fail to return a signed proposal to us.
Scope of Services. For the fee set forth in the Agreement, you agree that we shall only be obligated to render the Services expressly described in the Agreement. Unless the Agreement expressly requires, in no event do we have any obligation or responsibility for:
The correctness and completeness of any document which was prepared by another entity.
The correctness and completeness of any drawing prepared by us, unless it was properly signed and sealed by a registered professional on our behalf.
Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies, appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever.
Taking into account off-site circumstances other than those clearly visible and actually known to us from on-site work.
The actual location (or characteristics) of any portion of a utility which is not entirely visible from the surface.
Site safety or construction quality, means, methods, or sequences.
The correctness of any geotechnical services performed by others, whether or not performed as our subcontractor.
The accuracy of earth work estimates and quantity take-offs, or the balance of earthwork cut and fill.
The accuracy of any opinions of construction cost, financial analyses, economic feasibility projections or schedules for the Project.
Should shop drawing review be incorporated into the Services, we shall pass on the shop drawings with reasonable promptness. Our review of shop drawings will be general, for conformance with the design concept of the Project to which this Agreement relates (“Project”) and compliance with the information given in the construction documents, and will not include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Our review shall not be construed as permitting any departure from contract requirements nor as relieving your contractor of the sole and final responsibility for any error in details, dimensions or otherwise that may exist.
Our Services shall not be construed as providing legal, accounting, or insurance services.
Your Oral Decisions. You, or any of your directors, officers, partners, members, managers, employees or agents having apparent authority from you, may orally: (a) make decisions relating to Services or the Agreement; (b) request a change in the scope of Services under the Agreement; or (c) request us to render additional Services under the Agreement, subject to our right to require you to submit the request in writing before your decision or request shall be considered to have been effectively made. You may, at any time, limit the authority of any or all persons to act orally on your behalf under this Paragraph 3, by giving us seven 7 days advance written notice.
Proprietary Rights. The drawings, specifications and other documents prepared by us under this Agreement are instruments of our service for use solely for the Project and, unless otherwise provided, we shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright and rights to any Dewberry trademarks. You shall be permitted to retain copies, including reproducible copies of our instruments of service for information and reference for the Project. Our drawings, specifications, or other documents shall not be used by you or others on other projects for any reason or for completion of this Project by other professionals, unless you enter into a written agreement with us allowing for such use. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as  publication inconsistent with our reserved rights.
Fees and Compensation. If you request us to render services not specifically described in the Agreement, or, if we or anyone in our employ, is called upon to be deposed or to testify in a matter in which we are not a named party, that relates to the Project, you agree to compensate us for such services in accordance with the hourly rates as set forth on Attachment A of this Agreement or in any subsequently effective schedule, unless otherwise agreed in writing. If no compensation rate is set forth on Attachment A, or through written agreement between you and us, you agree that we shall be compensated for such services at our then current hourly rates. We may unilaterally increase our lump sum or unit billing rates on each anniversary of your acceptance of this Agreement by as much as five percent or the percentage increase in the CPI-W (U.S. Department of Labor Consumer Price Index-Washington), whichever is greater. Hourly rates are subject to periodic revision at our discretion.
Period of Service. The provisions of this Agreement and the compensation provided for under the Agreement have been established in anticipation of the orderly and continuous progress of the Project. Our obligation to render the Services will extend only for that period which may reasonably be required to complete the Services in an orderly and continuous manner and we may then, at our sole option, terminate the Agreement.
Reimbursable Expenses. Unless the Agreement otherwise provides, you shall reimburse us, or our affiliates, for all expenses we incur to render the Services for you under this Agreement, plus fifteen percent. We may submit invoices for reimbursable expenses separately from invoices for Services.
Payment Terms. We may submit invoices at any time to you for Services and for reimbursable expenses incurred. Invoices are payable within 30 days of the invoice date, and you agree to pay a finance charge of 1 ½% per month on any unpaid balance not received by us within 30 days of the invoice date. If you require payment via credit card, Dewberry will assess a 3% processing fee on the total amount invoiced. Invoices may be based either upon our estimate of the proportion of the total Services actually completed at the time of billing for lump sum or fixed fee services, or in the case of hourly services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, we shall have the right either to suspend the performance of our Services until all invoices more than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover amounts owed by you. Additionally, we shall have the right to withhold from you the possession or use of any drawings or documents prepared by us for you under this or any other agreement with you until all delinquent invoices are paid in full. You shall not offset payments of our invoices by any amounts due, or claimed to be due for any reason.
If you do not give us written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed correct. All payments made by you should specify the invoice numbers being paid. If we receive payments that do not specify the invoices being paid, you agree that we may apply payments in our sole discretion. Time is of the essence of your payment obligations; and your failure make full and timely payment shall be deemed a material breach.
Information from You and Public Sources. You shall furnish us all plans, drawings, surveys, deeds and other documents in your possession, or that come into your possession, which may be related to the Services, and shall inform us in writing about all special criteria or requirements related to the Services (together, "Information"). We may obtain deeds, plats, maps and any other information filed with or published by any governmental or quasi-governmental entity (together, "Public Information"). Unless we are engaged in writing as an additional service to independently verify such, we may rely upon Information and Public Information in rendering Services. We shall not be responsible for errors or omissions or additional costs arising out of our reliance on Information or Public Information. You agree to give prompt notice to us of any development or occurrence that affects the scope or timing of Services, or any defect in the final work submitted by us, or errors or omissions of others as they are discovered. We shall not be responsible for any adverse consequence arising in whole or in part from your failure to provide accurate or timely information, approvals and decisions, as required for the orderly progress of the Services.  You assume the sole responsibility for determining whether the quantity and    nature of the work requested of us under this Agreement is adequate and sufficient for your intended purpose.
Plan Processing. We may submit plans and related, or other, documents to public agencies for approval. However, it may be necessary, in order to serve your interests and needs, for us to perform special processing, such as attending meetings and conferences with different agencies, hand carrying plans or other documents from agency to agency, and other special services. These special services are not included in the basic fee and shall be performed as additional services on an hourly fee basis in accordance with our applicable hourly rate schedule.
Meetings and Conferences. To the extent the Agreement provides, we will attend meetings and conferences that you, or your representatives, reasonably require. Furthermore, we will meet on an as-needed basis with public agencies that might be involved in the Project. Because we cannot forecast the scope and nature of these meetings and conferences, we will perform meeting and conference services on an hourly fee basis in accordance with our applicable hourly rate schedule.

Your Claims. You release us from, and waive, all claims of any nature for any and all errors or omissions by us related to our performance under this Agreement, or in the performance of any supplementary services related to this Agreement, unless you have strictly complied with all of the following procedures for asserting a claim, as to which procedures time is of the essence:
You shall give us written notice within 10 days of the date that you discover, or should, in the exercise of ordinary care, have discovered that you have, or may have, a claim against us. If you fail to give us written notice within such 10 days, then such claim shall forever be barred and extinguished.
If we accept the claim, we shall have a reasonable time to cure any error or omission and any damage. This shall be your sole remedy, and you must not have caused the error or omission, or any damage resulting from the error or omission, to be cured, if we are ready, willing and able to do so.
If we reject the claim, we shall give you written notice of such rejection within 30 days of our receipt of the notice of claim from you. You shall then   have 60 days within which   to furnish us with an opinion from a recognized expert in the appropriate discipline, corroborating  your claim that we committed an error or   omission, and establishing that      the error or omission arose from our failure to use the degree of care ordinarily used by professionals in that discipline in the jurisdiction    local to the Project. If you fail to      furnish us such an opinion from a recognized expert within 60 days from the date we send you notice of our rejection of the claim, then such claim shall forever be barred and extinguished.
We shall have 60 days from receipt of the written opinion of your expert within which to reevaluate any claim asserted by you. If we again reject such claim, or if the 60 day period from receipt of the written opinion of your expert elapses without action by us, then you may have recourse to such other remedies as may be provided under this Agreement.
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
Hazardous or Toxic Wastes or Substances, Pollution or Contamination. You acknowledge that Services rendered under this Agreement may, or will, involve or be affected by hazardous or toxic wastes or substances, or pollution or contamination due to the presence of hazardous or toxic wastes or substances. To induce us to enter into this Agreement, you agree to indemnify and hold us harmless from liability, loss and damages of any nature, including actual attorney’s fees and related costs and expenses, arising out of claims made against us that relate, in any way, to both (a) hazardous or toxic wastes or substances, or pollution or contamination due to the presence of hazardous or toxic wastes or substances, and (b) the performance by us of our obligations under the Agreement, whether or not such performance by us is claimed to have been, or was, or may have been, negligent. The monetary limitation on the extent of any indemnity obligation created by this Agreement to be provided by you shall be $1,000,000.00, which you agree bears a commercially reasonable relationship to this Agreement and the Project. Unless otherwise expressly set forth in this Agreement, we shall have no responsibility for searching for, or identifying, any hazardous or toxic wastes or substances, or pollution or contamination due  to the presence of hazardous or toxic wastes or substances; but if we discover or suspect the presence of any such wastes, substances, pollution or contamination due to the presence of hazardous or toxic wastes or substances, then we, in our sole discretion, and at any time, may stop work under, or terminate, this Agreement, in which event we will have no further liability to you for performance under this Agreement, and you shall make the payments to us required by Paragraph 14 of the STCs.
Termination. Either party may terminate the Agreement if the other party materially breaches the Agreement. You shall immediately pay us for our Services rendered and expenses incurred through the termination date, including fees and expenses that we incur as a result of the termination.
Payment of Other Professionals. If this Agreement includes continuation of services begun by other architects, engineers, planners, surveyors, or other professionals, we may suspend our Services until you make arrangements satisfactory to such other professionals for payment. If satisfactory arrangements have not been made within a time determined by us to be reasonable, then we may in our sole discretion terminate this Agreement.
Assignment and Third-Party Beneficiaries. Neither party shall assign or transfer any rights, interests or claims arising under this Agreement without the written consent of the other, except that we are permitted to transfer the Agreement to an affiliate of ours, in our sole discretion, with written notice to you (an affiliate for purposes of this Paragraph 16 is defined as any other business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, us). This Agreement shall not confer any benefit or right upon any person or entity other than you, us and our partners, members, managers, directors, officers, employees, agents and subcontractors. Our partners, members, managers, directors, officers, employees, agents and subcontractors shall have and shall be entitled to the protection afforded us under Paragraphs 9, 12, 13, 16, 20 and 22 of this Agreement. Despite anything in this Paragraph 16 to the contrary, we may employ independent consultants, associates, and subcontractors as we may deem necessary to render the Services and we may assign our right to receive compensation under this Agreement.
Applicable Law and Forum Selection. The laws of the State of Florida shall govern this Agreement in all respects, including matters of construction, validity, and performance. Except as provided in Paragraph 18 below, the parties agree that the courts of Orange County, Florida, and the Federal District Court, Middle District of Florida, Orlando Division, (together, “Courts”) shall have exclusive jurisdiction over any controversy, including matters of construction, validity, and performance, arising out of this Agreement. The parties consent to the jurisdiction of the Courts and waive any objection either party might otherwise be entitled to assert regarding jurisdiction. The parties irrevocably waive all right to trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement.
Arbitration of Our Claims for Compensation. Instead of proceeding in court, we, in our sole and absolute discretion, may submit any claim for compensation due us under this Agreement to arbitration in Orange County, Florida in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the arbitration award may be entered in any court having jurisdiction. You agree not to assert any counterclaim or any defense by way of set-off in such arbitration, and that the arbitrator or panel shall have no authority to consider, or to render, an award based upon any such counterclaim or defense by way of set-off. We shall have the right to withdraw our demand for arbitration at any time before the arbitration hearing starts by giving written notice to the arbitrator or panel and you; and upon the giving of such notice by us, the arbitration shall terminate, no award shall be rendered, and we may then pursue our remedies in accordance with Paragraph 17 above.
Severability. If any part, term, or provision of this Agreement is held to be illegal or unenforceable, the validity and enforceability of the remaining parts, terms, and provisions of this Agreement shall not be affected, and each party’s rights shall be construed and enforced as if the Agreement did not contain the illegal or unenforceable part, term, or provision.
Limitations on Liability. Our liability for any loss, property damage or bodily injury of or to you caused in whole or in part by us in the performance of this Agreement, or in the performance of any supplementary services in any way related to this Agreement, shall be limited in the aggregate to the amount of fees that you have paid to us for the Services. The parties intend that the foregoing limitation on liability shall apply to all claims, whether sounding in tort, in contract, in warranty, or otherwise. You release, waive, and shall not seek contribution from, or indemnification by, us for any claims of any nature made against you by any other person who may suffer any loss, property damage or bodily injury in any manner associated with our services, or our partners, members, managers, directors, officers, employees, agents and subcontractors under this Agreement,, or any supplementary services in any way related to this Agreement. Notwithstanding anything to the contrary elsewhere in the Agreement, we shall not be liable to you, in any event or for any amount, for delays; or for consequential, special or incidental damages; or for punitive or exemplary damages. Further, no portion of this Agreement shall be construed to provide indemnification to you by us, for any reason. Should you find the terms of this Paragraph 20 unacceptable, we are prepared to negotiate a modification in consideration of an equitable surcharge to pay our additional insurance premiums and risk. PURSUANT TO FLORIDA STATUTE §558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Payment of Attorney's Fees. The prevailing party in any legal proceeding hereunder, including arbitration, shall be entitled to recover all of its costs and expenses, including attorneys’ fees, professionals’ fees, and expert witness or consultant fees, including but not limited to those incurred on appeal or during the collection of any judgment hereunder, from the non-prevailing party.
Indemnification. You agree to indemnify and hold us harmless from and against any and all liability, loss, damages, claims and demands for loss, damages, property damages or bodily injury, arising out of work undertaken on the Project by you, or your contractor, subcontractor or other independent company or consultant employed by you to work on the Project, or their respective partners, members, managers, directors, officers, employees, agents or assigns; or arising out of any other operation, no matter by whom performed, for and on behalf of you, or such contractor, subcontractor or other independent company or consultant, whether or not due in part to errors or omissions by us in the performance of this Agreement, or in the performance of any supplementary service in any way related to this Agreement, provided that you are not required to indemnify and hold us harmless under this Paragraph 22 in the event of our sole negligence. The monetary limitation on the extent of any indemnity obligation created by this Agreement to be provided by you shall be $1,000,000.00, which you agree bears a commercially reasonable relationship to this Agreement and the Project.
Integration Clause. The Agreement represents the entire agreement of the parties. No prior representations, statements, or inducements made by either us, you, or the respective agents of either, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the written terms of the Agreement unless they are made in writing and made a part of the Agreement by attachment, incorporated by reference in the Agreement or signed or initialed on behalf of both parties.

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of FIT2RUN proposal for the North River Ranch Bikes

ADDENDUM TO AGREEMENT BETWEEN
FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between Fieldstone Community Development District and Contractor,(the “Addendum”), is made and entered into as of the 9TH day of 	DECEMBER 	, 2020, by and between the Fieldstone Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida  Statutes, (hereinafter, "District"); a  nd _		FIT2RUN	

(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District. Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contra ctor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been mad5e. therefoTreh.e Contractor shall prepare and maintain complete records and comprehensive books rela t ing to the Work and/or any other services performed on lands within and/or controlled by the District, (the “ Records”), which Records shall be maintained by the Contractor for a period of at least five (5) years after the expiration of the Agreement ; and, copies of all Records shall be timely given to the District upon request. The Records shall include, but not be limited

to, documents and other information pertaining to all costs associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times upon prior notice to Contractor, and Contractor shall be required to prepare and maintain all Records on a basis of generally accepted accounting principles. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor will reimburse District for the cost of the audit and pay 2.5 times the amount of the overcharges as liquidated damages.

The Contractor agrees and understands that District is a special purpose unit of local government and as such is subject to Chapter 119, Florida Statutes. Contractor agrees and covenants to fully cooperate with District, to District's full satisfaction, in responding to requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Work and the Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shall fully comply with Florida law, and specifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that all work products of Contractor, Contractor's employees, suppliers and subcontractors, including drawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other materialprepared by Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreement shall be further subject to the “ Terms and Conditions to CDD Addendum,” attached hereto as Exhibit “A,” and incorporated herein.

The parties agree that the Agreement shall be controlled and governed by the la ws of the State of Florida, with venue situate in Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreement between the parties hereto with respect to the matters hereby. All prior negotia tions, representations a nd agreements, whether oral or written, with respect hereto not incorporated herein are hereby cancelled , terminated and void. The Agreement can be modified or amended only by a written document duly executed on behalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDD Addendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule a nd the remaining provisions of the Agreement, Addendum and Terms and Conditions to CDD Addendum shall remain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete document and shall be referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anything to the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDD Addendum] and the terms of the Agreement, the terms of this Addendum shall at all times govern, control and prevail.

IN WITNESS WHEREOF, this Addendum is hereby executed as of the date first above set forth.

Contractor:

___ 	

By:	 Name:	 Title: 		District:

Fieldstone Community Development District

By:	 Name:	 Chairperson/Vice Chairpersonof the Board of Supervisors	

 EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shall complete all Work as specified or indicated in the Agreement in a timely and professional manner; in accordance with all laws, rules and regulations of any governmental body with jurisdiction thereto; a nd in accordance with any and all schedules or other time frames for completion of the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representative for the District to review and inspect the Work. District Engineer shallat all times have access to review all plans, specifications, permits, approvals and all other matters of and a ssociated with Contractor’s Work and completion thereof.

SECTION 3.	AUDIT

Contractor shall check all materials and labor entering into the Work and shall keep such full and detailed accounts as maybe necessary to determine the Cost of the Work. District shall have access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shall preserve such records for a period of not less tha n f ive (5 ) years after final payment.

SECTION 4. PAYMENTS

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent (10%) shall be retained from each payment made by District to Contractor until the Work has been fully completed in accordance with the Agreement and all provisions rela ted to the Work have been fulfilled, as confirmed in writing by the District’s Representative, and all provisions related to the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a party to the Agreement, then District shall appoint an independent District Representative.

Any provision hereof to thecontrary notwithstanding, District shall not be obligated to make any payment to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplementedand modified by the Addendum and this Terms and Conditions to CDD Addendum).

As a condition precedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier and release of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work. The Contractor agrees, and this Agreement is based upon the expressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shall indemnify and hold District harmless from and a gainst such liens, claims, rights and a ny a nd all expenses incurred by the Contractor or District in discharging them.

As conditions precedent to any final payment under the Agreement, Contractor shall: (i) execute and deliver a final affidavit, wavier and release of all claims and liens Contractor may have against the District a nd the la nd a nd improvements upon which the Work is located; (ii) furnish written release and waivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishing work, labor, materials, machinery or fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish any manufacturers' guarantees or warranties for materials provided or equipment installed in the Work; (iv) have done and performed all other things required of it pursuant to the Agreement; (v) furnished District with the Certificate of Use or Occupancy, as the case may be (if applicable); (vi) warrant all workmanship as outlined in Exhibit A-1, attached; and (vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflecting all changes, modifications and additions thereto which occurred during performance of the Work. Acceptance of any Work or any possession taken by District shall not operate as a waiver of any provision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at law or in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement and any extensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insurance shall be kept in full force and effect until acceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmental agency designated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shall be named as additional insured on all insurance policies required with the exception of worker's compensation and employer’s liability insurance. All required insurance policies, except workers' compens ation a nd employers' liability, shall be endorsed to be primary and non-contributory to any insurance otherwise carried by Contractor and District with respect to the Work. Such insurance shall not be modified, permitted to lapse, or canceled without written notice to District from such insurance companies, mailed to District, with copies to District’s Representative, via Registered Mail thirty (30) days in advance of such modification, expiration, or cancellation. In the event of such cancellation notice, Contractor, at Contractor's expense, shall obtain replacement insurance coverage from other insurance companies prior to the cancellation of the original insurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Including but not limited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosion legal liability. Explosion, collapse and underground hazard included.
Products liability.
Completed operations coverage for 3 years after completion and acceptance of the Work.	$1,000,000 combined single limit bodily injury and property damage per occurrence and project specific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
property damage per occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shall have
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shall require each subcontractor to have the insurance coverage required by this Section or such other amount as agreed to by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences any of the Work. Contractor's obtaining of the insurance required by this Section shall in no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shall also carry such additional insurance as may be required by any law. All insurance policies required of Contractor and subcontractors shall contain a waiver of subrogation clause wherein no insurance company shall have any right of recovery a gainst District.

All insurance required in this section shall be provided by financially responsible insurance carriers authorized or eligible to do business in the state of Florida and rated by A.M. Best Rating Service as A- or better.

District and Contractor acknowledge that the insurance requirements set forth in the Agreement may be required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears any additional cost occasioned thereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shall be performed by Contractor as an independent contractor at its sole risk, cost and expense. District shall have the right to insist that all the provisions and requirements of the Agreementare carried out by Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either party to this Agreement of any breach or default by the other in the performance of any obligations hereunder shall be deemed or construed to be a consent or waiver to or of a ny other breach or default by such party hereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute waiver of the rights of such part y hereunder. Notwithstanding anything to the contrary in the Agreement, inspection or failure of District to perform any inspection hereunder, shall not release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor    shall   protect    and    prevent    damage     to     all     finished     and     unfinished portions of the Work, including but not limited to the protection thereof from damage by the elements, theft or vandalism. Restoration of such damage shall be the sole responsibility of Contractor and shall not be cause f or a n increase in amounts owed Contractor pursuant to the Agreement.

If any property upon which the Work is completed or accessed in order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shall repair and restore the property to the condition which exists on the date hereof. Such repair or restoration shall be the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shall observe and abide by and perform all of its obligations hereunder a nd all other a ct iv it ies in connection with the Work in accordance with all applicable laws, rules and regulations of all governmental a uthorities having jurisdiction, including the District.

SECTION 10. PERMITS AND LICENSES

Contractor shall pay all taxes, including sales taxes, unless otherwise stated herein. Contractor shall obtain and pay for all construction permits and licenses, and all contributions imposed or required by any law for any employment insurance, pensions, age-related retirement funds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it and its subcontractors by the Federal Social Security Act and the unemployment compensation law or any similar law of any state.

SECTION 11. TERMINATION
District may immediately terminate the Agreementin the event of the happening of any of the f ollowing or a ny other comparable event: (a) insolvency of the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntary petition in bankruptcy against Contractor, (d) appointment of a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordance with the provisions of this Agreement, (g) failure of Contractor to prosecute the Work to completion thereof in a diligent, efficient, workmanlike, skillful and careful manner and in accordance with provisions of this Agreement, (h) failure of Contractor to use an adequate amount or quality of personnel or equipment to com plete the Work without delay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches any of the terms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days written notice thereof. Upon receipt of such notice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connection with such termination, Contractor shall perform such acts as may be necessary to preserve and protect that part of the Work theretofore performed hereunder. Upon such termination, District shall pay to Contractor a sum of money equal to the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchase orders covering the unperformed parts of the Work. In the event of such termination, the Contractor shall not be entitled to anticipated profits on any Work not yet performed; and the Agreement shall become terminated and of no further force nor effect; provided however, and notwithstanding a nything to the contrary, all warranties of Contractor for Work completed prior to the termination of the Agreement shall continue in full force and effect and shall survive termination of the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, the losing party shall pay to the prevailing party all costs and expenses, including without limitation, reasonable attorneys' fees and expenses, incurred in such action or proceeding and in any appeal in connection by such prevailing party. This Section is intended to be severable from the other provisions of this Agreement, and the prevailing p arty's rights under this Section shall not merge into any judgment and any judgment shall survive until all such fees and costs have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weekly progress reports delivered to the District’s Representative by 3:00 pm, Friday f or the current week of Work.

Contractor shall coordinate all inspections required by governmental agencies and the District’s Representative. All construction methods, materials, and testing shall comply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exempt from the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize the cost of the Work to the District, the Contractor agrees to cooperate with the District and to allow the District, at its option, to purchase materials in its name in order to avoid the Sales Tax that would otherwise be due on such purchases. All savings realized by the District as a result of such direct purchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shall apply to the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor") 	does hereby warrant and guarantee the Work in it s entirety as defined in the Agreementdated _ 		shall be free and clear from def ects for a period of one (1) year from the date of inspection and acceptance by the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees to repair or replace to the satisfaction of the District’s Representative any or all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after being notified, Contractor hereby authorizes the District to proceed to have defects repaired and made good at Contractor's sole cost andexpense, and Contractor shall pay the costs and charges therefore immediately upon demand to the District.

The warranty-guarantee rights afforded the District herein shall be in addition to all other rights afforded the District at la w and equity, and shall in no way restrict, limit or impair those additional rights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)

By:		 Title:	 	
Date: 	, 20 	

THFFE AUNNEFl"l

S SUPIE.R.STC>Rlt

Fieldstone COD ("Client")	November 24, 2020 Statement of work - North River Ranch Bikes
Overview
Filedstone COD (Client) has  ordered bicycles and bicycle racks and requires services r elated to assembly, storage, and delivery.

Scope of Services
Assembly
(20) bicycles & (30) bicycle racks will be delivered to our warehouse at 6730 Moccasin Wallow Road, Palmetto, Fl 34221
(20) bicycles will be assembled per the bike assembly guide provided by Client
(30) bicycle racks will be unpackaged and stored

. Storage
Assembled bicycles and bicycle racks will be stored at our facility until January 2021
Delivery
Assembled bicycles and bicycle racks will be delivered to:
North River Ranch - Brightwo od Pavilli on c/o Janice Snow 941.328.1983 11510 Little River Way, Parrish, FL 34219
Fee Summary - $2,250
Bicycles will be assembled and stored for a fee of $100 per bicycle
There will be no fee for the store and delivery of the bicycle racks
There will be a delivery fee of $250 total
Client B illing Address: 12051  Corporate  Blvd,  Orlando,  FL 32817 c/o  Janice  Snow 941.328.1983

Matthew Sibley

Date	Date

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Windward Building Group, Inc Agreement, North River Ranch Riverfield Verandah Cabana
inishes

ADDENDUM TO AGREEMENT BETWEEN
FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT AND CONTRACTOR

This Addendum to Agreement Between Fieldstone Community Development District and Contractor,(the “Addendum”), is made and entered into as of the _ 	day of _ 		, 2020, by and between the Fieldstone Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida  Statutes, (hereinafter, "District"); a nd  _	

(hereinafter, the "Contractor").

WITNESSETH

WHEREAS, District and Contractor are parties to that certain contract, proposal and/or agreement, (collectively the “Agreement”), of even date herewith for construction, work, professional and/or related services, (collectively the “Work”), to be performed on lands owned and/or operated and maintained by the District, (the “Agreement”); and,

WHEREAS, Florida law requires specific contractual provisions apply to all Community Development Districts pursuant to Chapter 190, Florida Statutes; and,

WHEREAS, the parties desire for this Addendum to amend, modify, supplement and clarif y the Agreem ent , such that the Agreement shall fully comply with the provisions of this Addendum, Chapter 190, Florida Statutes and other provisions of law pertaining to public bodies.

NOW THEREFORE, in consideration of themutual covenants set forth herein, and other good a nd valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Contractor shall obtain, and thereafter at all times during the performance of the Work described in the Agreement, maintain a performance bond and a labor and material payment bond, a s applicable, each in f orm a nd substance satisfactory to District. Such bonds shall comply with Section 255.05, Florida Statutes.

Contractor shall observe and abide by and perform all of its obligations hereunder and all other activities in connection with the Work and project contemplated by the Agreement in accordance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, including the District’s Resolutions, Rules and Regulations.

To the fullest extent permitted by law, and to the extent claims, damages, losses or expenses a re not covered by insurance maintained by Contractor in accordance with the Agreement, Contractor hereby assumes entire responsibility and liability for any and all damage or injury of any kind or nature whatsoever (including death resulting therefrom) to all persons, whether employees of Contractor or its subcontractors, or otherwise, and to all property (real and personal), caused by, resulting from, arising out of or occurring in any manner whatsoever in connection with the execution of the Work and/or performance of the Agreement. Contractor agrees to indemnify and save harmless District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, losses, costs, expenses, liability, damages and/or injuries, including reasonable legal fees, that District, its officers, Supervisors, agents, servants or employees may directly or indirectly sustain, suffer or incur as a result thereof. Nothing herein shall be construed as or constitute a waiver of District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute or law. The District shall have the right to withhold from any payments due or to become due to Contra ctor a n a mount sufficient in its judgment to protect and indemnify District, its officers, Supervisors, agents, servants and employees from and against any and all such claims, including legal fees and disbursements, or District in it s discretion, m ay require Contractor to furnish a surety bond satisfactory to District gua ranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been mad5e. therefoTreh.e Contractor shall prepare and maintain complete records and comprehensive books rela t ing to the Work and/or any other services performed on lands within and/or controlled by the District, (the “ Records”), which Records shall be maintained by the Contractor for a period of at least five (5) years after the expiration of the Agreement ; and, copies of all Records shall be timely given to the District upon request. The Records shall include, but not be limited

to, documents and other information pertaining to all costs associated with the project and Work contemplated by the Agreement. The District, and/or its duly authorized representative, shall have the right to audit such Records at reasonable times upon prior notice to Contractor, and Contractor shall be required to prepare and maintain all Records on a basis of generally accepted accounting principles. If an audit reveals overcharges that exceed the total a mount due Contractor under the Agreement, Contractor will reimburse District for the cost of the audit and pay 2.5 times the amount of the overcharges as liquidated damages.

The Contractor agrees and understands that District is a special purpose unit of local government and as such is subject to Chapter 119, Florida Statutes. Contractor agrees and covenants to fully cooperate with District, to District's full satisfaction, in responding to requests for public records pursuant to Chapter 119, Florida Statutes, as same pertain to the Records, the Work and the Agreement. Contractor further agrees and understands that the Records, Work and Agreement are pubic records, and Contractor shall fully comply with Florida law, and specifically the provisions of Chapter 119 Florida Statutes, as it pertains to same.

Contractor covenants, warrants and agrees that all work products of Contractor, Contractor's employees, suppliers and subcontractors, including drawings, designs, plans, reports, manuals, programs, tapes, electronic data a nd any other materialprepared by Contractor or its employees, suppliers and subcontractors under the Agreement, including the Records, shall belong exclusively to, and may be used by, the District, free and clear of all liens and other encumbrances.

In addition to the terms of this Addendum, the Agreement shall be further subject to the “ Terms and Conditions to CDD Addendum,” attached hereto as Exhibit “A,” and incorporated herein.

The parties agree that the Agreement shall be controlled and governed by the la ws of the State of Florida, with venue situate in Manatee County, Florida.

The Agreement, Addendum and Terms and Conditions to CDD Addendum constitute the entire agreement between the parties hereto with respect to the matters hereby. All prior negotia tions, representations a nd agreements, whether oral or written, with respect hereto not incorporated herein are hereby cancelled , terminated and void. The Agreement can be modified or amended only by a written document duly executed on behalf of both parties hereto.

If any term of the Agreement, Addendum or Terms and Conditions to CDD Addendum is inva lid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such statute, regulation, ordinance, order or rule a nd the remaining provisions of the Agreement, Addendum and Terms and Conditions to CDD Addendum shall remain in ful force and effect.

The Agreement, Addendum and Terms and Conditions to CDD Addendum shall constitute one complete document and shall be referred to collectively as the “Agreement”; provided however, a nd n otwithstanding anything to the contrary herein, in the event of any conflict between the terms of this Addendum [which specif ically includes by incorporation the Terms and Conditionsto CDD Addendum] and the terms of the Agreement, the terms of this Addendum shall at all times govern, control and prevail.

IN WITNESS WHEREOF, this Addendum is hereby executed as of the date first above set forth.

Contractor:

___ 	

By:	 Name:	 Title: 		District:

Fieldstone Community Development District

By:	 Name:	 Chairperson/Vice Chairpersonof the Board of Supervisors	

 EXHIBIT “A”

TERMS AND CONDITIONS TO CDD ADDENDUM

SECTION 1. WORK

The Contractor shall complete all Work as specified or indicated in the Agreement in a timely and professional manner; in accordance with all laws, rules and regulations of any governmental body with jurisdiction thereto; a nd in accordance with any and all schedules or other time frames for completion of the Work a set forth in the Agreement. TIME IS OF THE ESSENCE FOR COMPLETION OF THE WORK.

SECTION 2. DISTRICT ENGINEER AS REPRESENTATIVE

District Engineer will act as the representative for the District to review and inspect the Work. District Engineer shallat all times have access to review all plans, specifications, permits, approvals and all other matters of and a ssociated with Contractor’s Work and completion thereof.

SECTION 3.	AUDIT

Contractor shall check all materials and labor entering into the Work and shall keep such full and detailed accounts as maybe necessary to determine the Cost of the Work. District shall have access to the Work at all reasonable t im es a nd the right to audit all Contractor's books, records, correspondence, instructions, drawings, receipts, vouchers and memoranda, relating to the Work, and Contractor shall preserve such records for a period of not less tha n f ive (5 ) years after final payment.

SECTION 4. PAYMENTS

All payments pursuant to the Agreement, including any dispute regarding any payment or other monies owed to Contractor by District, shall be governed by the “Local Government Prompt Payment Act,” Chapter 218, Florida Statutes.

Retainage: Ten percent (10%) shall be retained from each payment made by District to Contractor until the Work has been fully completed in accordance with the Agreement and all provisions rela ted to the Work have been fulfilled, as confirmed in writing by the District’s Representative, and all provisions related to the Agreement have been fulfilled, as confirmed by the District’s Board of Supervisors in writing; provided however, if District Engineer is a party to the Agreement, then District shall appoint an independent District Representative.

Any provision hereof to thecontrary notwithstanding, District shall not be obligated to make any payment to Contractor hereunder if Contractor has failed to perform its Work and any other obligations hereunder or otherwise is in default under the Agreement, (as amended, supplementedand modified by the Addendum and this Terms and Conditions to CDD Addendum).

As a condition precedent to each payment under the Agreement, Contractor shall f urnish to District a partial wavier and release of lien, in a form satisfactory to the District, from all subcontractors, materialmen a nd other parties furnishing labor, materials, or both in the performance of the Work. The Contractor agrees, and this Agreement is based upon the expressed condition, that no liens or rights in rem sha ll so lie or a t tach, a nd the Contractor shall indemnify and hold District harmless from and a gainst such liens, claims, rights and a ny a nd all expenses incurred by the Contractor or District in discharging them.

As conditions precedent to any final payment under the Agreement, Contractor shall: (i) execute and deliver a final affidavit, wavier and release of all claims and liens Contractor may have against the District a nd the la nd a nd improvements upon which the Work is located; (ii) furnish written release and waivers of all rights to claim or file liens properly executed by any and all subcontractors, materialmen, suppliers, laborers, vendors or others furnishing work, labor, materials, machinery or fixtures in the performance of the Work in a form satisfactory to the District; (iii) furnish any manufacturers' guarantees or warranties for materials provided or equipment installed in the Work; (iv) have done and performed all other things required of it pursuant to the Agreement; (v) furnished District with the Certificate of Use or Occupancy, as the case may be (if applicable); (vi) warrant all workmanship as outlined in Exhibit A-1, attached; and (vii) deliver to the District a set of “as built” d rawings a nd plans, (if applicable), reflecting all changes, modifications and additions thereto which occurred during performance of the Work. Acceptance of any Work or any possession taken by District shall not operate as a waiver of any provision

of the Agreement or any right or power therein reserved to District including any right to damages provided therein at law or in equity.

SECTION 5. INSURANCE

During the entire term of this Agreement and any extensions thereof, Contractor shall obtain a nd maintain, a t Contractor's expense, the insurances required herein, which insurance shall be kept in full force and effect until acceptance of the Work by District. Before proceeding with any Work, Contractor shall furnish to District and District’s Representative, and any governmental agency designated by District, an origina l certificate of insurance or proof of insurance in a form reasonably acceptable to District.

The District shall be named as additional insured on all insurance policies required with the exception of worker's compensation and employer’s liability insurance. All required insurance policies, except workers' compens ation a nd employers' liability, shall be endorsed to be primary and non-contributory to any insurance otherwise carried by Contractor and District with respect to the Work. Such insurance shall not be modified, permitted to lapse, or canceled without written notice to District from such insurance companies, mailed to District, with copies to District’s Representative, via Registered Mail thirty (30) days in advance of such modification, expiration, or cancellation. In the event of such cancellation notice, Contractor, at Contractor's expense, shall obtain replacement insurance coverage from other insurance companies prior to the cancellation of the original insurance coverage.

Insurance Coverage	Limits	
a) Worker's Compensation	As required by Florida law.	
b) Employers Liability	$1,000,000 per occurrence.	
c) Comprehensive General Liability (Occurrence Form)
Including but not limited to:
Premises, operations and elevators. Independent Contractors.
Broad form property damage. Personal Injury.
Blanket contractual liability.
Blanket fire and explosion legal liability. Explosion, collapse and underground hazard included.
Products liability.
Completed operations coverage for 3 years after completion and acceptance of the Work.	$1,000,000 combined single limit bodily injury and property damage per occurrence and project specific
aggregate.	
d) Automobile Liability	$1,000,000 combined single limit bodily injury and
property damage per occurrence. If Contractor, or any subcontractor, is a transporter of hazardous materials, such transporter's Automobile Liability policy shall have
all pollution exclusions deleted.	

If Contractor subcontracts any of the Work, Contractor shall require each subcontractor to have the insurance coverage required by this Section or such other amount as agreed to by District and Contractor. Contractor shall f urnish District evidence thereof before each subcontractor commences any of the Work. Contractor's obtaining of the insurance required by this Section shall in no manner lessen, diminish or affect Contractor's obligations set forth in any provisio ns of the Agreement. Contractor shall also carry such additional insurance as may be required by any law. All insurance policies required of Contractor and subcontractors shall contain a waiver of subrogation clause wherein no insurance company shall have any right of recovery a gainst District.

All insurance required in this section shall be provided by financially responsible insurance carriers authorized or eligible to do business in the state of Florida and rated by A.M. Best Rating Service as A- or better.

District and Contractor acknowledge that the insurance requirements set forth in the Agreement may be required to be varied by District's insurance carrier and Contractor agrees to enter into suitable modifications of the provisions hereof upon the request of the District, provided District bears any additional cost occasioned thereby.

SECTION 6. INDEPENDENT CONTRACTOR

The Work shall be performed by Contractor as an independent contractor at its sole risk, cost and expense. District shall have the right to insist that all the provisions and requirements of the Agreementare carried out by Contractor.

SECTION 7. WAIVER

No consent or waiver, express or implied, by either party to this Agreement of any breach or default by the other in the performance of any obligations hereunder shall be deemed or construed to be a consent or waiver to or of a ny other breach or default by such party hereunder. Unless the Agreement specifies a time period for notice of a particular cla im, failure on the part of any party hereto to complain of any act or failure to act of the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute waiver of the rights of such part y hereunder. Notwithstanding anything to the contrary in the Agreement, inspection or failure of District to perform any inspection hereunder, shall not release Contractor of any of its obligations hereunder.

SECTION 8. PROTECTION OF WORK

Contractor    shall   protect    and    prevent    damage     to     all     finished     and     unfinished portions of the Work, including but not limited to the protection thereof from damage by the elements, theft or vandalism. Restoration of such damage shall be the sole responsibility of Contractor and shall not be cause f or a n increase in amounts owed Contractor pursuant to the Agreement.

If any property upon which the Work is completed or accessed in order to complete the Work, to include without limitation streams, waterways, existing trees and wetlands, are damaged to any extent by Contractor or its subcontractor(s), agents and/or assigns, then the Contractor shall repair and restore the property to the condition which exists on the date hereof. Such repair or restoration shall be the sole responsibility of Contractor a nd shall not be cause for an increase in amounts owed Contractor pursuant to the Agreement.

SECTION 9. COMPLIANCE WITH LAWS

Contractor shall observe and abide by and perform all of its obligations hereunder a nd all other a ct iv it ies in connection with the Work in accordance with all applicable laws, rules and regulations of all governmental a uthorities having jurisdiction, including the District.

SECTION 10. PERMITS AND LICENSES

Contractor shall pay all taxes, including sales taxes, unless otherwise stated herein. Contractor shall obtain and pay for all construction permits and licenses, and all contributions imposed or required by any law for any employment insurance, pensions, age-related retirement funds, or similar purposes.

Contractor accepts liability for all taxes and contributions required of it and its subcontractors by the Federal Social Security Act and the unemployment compensation law or any similar law of any state.

SECTION 11. TERMINATION
District may immediately terminate the Agreementin the event of the happening of any of the f ollowing or a ny other comparable event: (a) insolvency of the Contractor, (b) filing of a voluntary petition in bankruptcy a gainst Contractor, (c) filing of any involuntary petition in bankruptcy against Contractor, (d) appointment of a receiver or trustee for Contractor, (e) execution of an assignment, (f) failure of Contractor to commence the Work in accordance with the provisions of this Agreement, (g) failure of Contractor to prosecute the Work to completion thereof in a diligent, efficient, workmanlike, skillful and careful manner and in accordance with provisions of this Agreement, (h) failure of Contractor to use an adequate amount or quality of personnel or equipment to com plete the Work without delay, (i) failure of Contractor to perform any of its obligations under this Agreem ent, or if Contractor otherwise repudiates or breaches any of the terms of this Agreement, including Contractor's warranties.
District shall have the right to terminate this Agreement for any reason whatsoever at any time by giving Contractor thirty (30) days written notice thereof. Upon receipt of such notice, Contractor im m ediately shall

terminate performance of the Work and make every reasonable effort to mitigate its losses and damages hereunder; provided, however, in connection with such termination, Contractor shall perform such acts as may be necessary to preserve and protect that part of the Work theretofore performed hereunder. Upon such termination, District shall pay to Contractor a sum of money equal to the cost of all Work properly performe d (a ccepted a nd approved by District and District’s Representatives) hereunder by Contractor for which payments have not theretofore been made hereunder, and District shall assume the obligations of Contractor under all its subcontracts and purchase orders covering the unperformed parts of the Work. In the event of such termination, the Contractor shall not be entitled to anticipated profits on any Work not yet performed; and the Agreement shall become terminated and of no further force nor effect; provided however, and notwithstanding a nything to the contrary, all warranties of Contractor for Work completed prior to the termination of the Agreement shall continue in full force and effect and shall survive termination of the Agreement.

SECTION 12. ATTORNEY'S FEE'S

In the event of any action or proceeding between Contractor and District to enforce any provision of this Agreement, the losing party shall pay to the prevailing party all costs and expenses, including without limitation, reasonable attorneys' fees and expenses, incurred in such action or proceeding and in any appeal in connection by such prevailing party. This Section is intended to be severable from the other provisions of this Agreement, and the prevailing p arty's rights under this Section shall not merge into any judgment and any judgment shall survive until all such fees and costs have been paid.

SECTION 13. SPECIAL CONDITIONS

Contractor is to provide weekly progress reports delivered to the District’s Representative by 3:00 pm, Friday f or the current week of Work.

Contractor shall coordinate all inspections required by governmental agencies and the District’s Representative. All construction methods, materials, and testing shall comply with Manatee County, Florida, standards.

The Contractor acknowledges that the District is exempt from the Florida Sales and Use Tax (the "Sales Ta x"). Accordingly, to minimize the cost of the Work to the District, the Contractor agrees to cooperate with the District and to allow the District, at its option, to purchase materials in its name in order to avoid the Sales Tax that would otherwise be due on such purchases. All savings realized by the District as a result of such direct purchases shall inure to the benefit of the District only.

EXHIBIT A-1

CONTRACTOR (OR SUBCONTRACTOR) WARRANTY-GUARANTEE

For purposes of this Exhibit A-1, when this form is used to provide subcontractor's warranty-guarantee, the term "Contractor" shall apply to the subcontractor.

WARRANTY GUARANTEE

("Contractor" or "Subcontractor") 	does hereby warrant and guarantee the Work in it s entirety as defined in the Agreementdated _ 		shall be free and clear from def ects for a period of one (1) year from the date of inspection and acceptance by the District or the District’s Representative, (the "Guarantee Period").

Contractor agrees to repair or replace to the satisfaction of the District’s Representative any or all Work that may prove defective in workmanship or materials within the Guarantee Period.

If Contractor fails to comply with the above-mentioned conditions within a reasonable time after being notified, Contractor hereby authorizes the District to proceed to have defects repaired and made good at Contractor's sole cost andexpense, and Contractor shall pay the costs and charges therefore immediately upon demand to the District.

The warranty-guarantee rights afforded the District herein shall be in addition to all other rights afforded the District at la w and equity, and shall in no way restrict, limit or impair those additional rights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)

By:		 Title:	 	
Date: 	, 20 	

..:-AlA

DocumentA101® -2017
Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
AGREEMENT made a'.> ofthe	sixteenth day of October in the ) ear 2020

(In 11·ord�. i11dica1e day. 11100th andyew I
BETWEEN the Owner:
(.\ame, lef!al sw11is. mldn:ss and otlwr i11(or111mio11J
Fieldstone COD
5824 Lakewood Ranch Blvd. N.
Sarasota, Florida 34240

and the Comractor:
(\a111e, legC1l .11a111s. addn:ss and other i11(01111atio11)
Windward Building Group, Inc. 650 Second Avenue South
St. Petersburg, Florida 3370 I

for the follov, ing Project:
f\'ame. loca1iu11 and de1ailed dl!scrip1io11J
North River Ranch Riverfield Verandah Cabana Finishes Parrish, Florida

The Architect:
IVenue. l11gal stmus. address a11cl other i1!for111mio11)
Ugarte & Associates 434 9th Avenue West Palmetto, Florida 34221

This document has 11nportant legal consequences.
Consultation with an attorney 1s encouraged with respect to its completion or mod1ficahon.

The parties should complete A101 •-2017. E)(hibit A,
insurance and Bonds. , contemporaneously wIlh this Agreement.

AIA Document A201 •-2017. General Conditions of the Contract for Construction, 1s adopted in this document by
reference. Do not use w11h other general con(hlions unless this document is modified.

) lnit.

The Owner and Contractor agree as follows.

AIA 0ocument A101•- 2017. CopyngNt � 1915. 1918, 1925, 1937 1951 1958 1961 1963 1967. 1974, 1977 1987 1991. 1997 2007 and 2017 by The

1

Ame11can lnsl!tute or Architects. All r,ghts reser.ied \i:e Amen=·' lnsutuie :>f •rcn.1ects ·,;1t, u,. MA ,.ll<JO A 101 Jnd 'AIA Contract C>oc.imeo:, a,e reg,,ssiieerree.-1.-11111 ,n�m.,11<• ,,no ""'Y no1 �e .s·, "'"""I ,.,,m,ss,an  Thrs document was created on    1011612020 14 28 19	underthe termsof AIA Documents on Demand' Order No. 20106'6046	,snot ror resale ,s hcen�ed for one-time use only and may only be used m accordaAce wrth 1he A1A Contrac1 Doecments® DO!)uments-on-Oemand • End User License A9reemer.1 To report copyngh! violauons, e-mall copynght@a1a.org

TABLE OF ARTICLES
THE CONTRACT DOCUMENTS
THE WORK OF THIS CONTRACT
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
CONTRACT SUM
PAYMENTS
DISPUTE RESOLUTION
TERMINATION OR SUSPENSION
MISCELLANEOUS PROVISIONS
ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS

ARTICLE 1 THE CONTRACT DOCUMENTS

r

The Contract Documents consiist of1his Agreement. Conditions of the Contract 1Gcncral. Supplementary. and other Conditions). Drawings, Specifiications. Addenda issued prior to execution ofthis Agreement. other clocumen1s listed in this Agreement. and \-1odifications issued after execution ofthis Agreement. all ofwhi.:h form the Contract. and are as fully a part of the Contract as i attached to this Agreement or repeated herein. The Contract reprcscn1s 1he entire and integrated agreement betw1::cn the parties hereto and supersedes prior negotiations. represe111atiu11�. or agn:erncnh. either written or oral. An enumeration of the Contract Documents. Other than a "1odification. appears in Article 9.

ARTICLE 2 THE WORK OF THIS CONTRACT
The Contractor shall full, execute the Work described in the Contract Documents. except as specifically indicated in the Contract Documents 10 be the responsibility ofothers.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of commencement ofthe Work shall be.
(Check one ,?(,hefolluwing hoxes.J

The date of1his Agreement.
A date set forth in a notice to proceed issued by the Owner. Established as follows:
(Insert a dme or a means to de1err11ine the date <!fcom111e11ce111e111 c!f'the Work)

Ifa date of commencement of the Work is 1101 selected, then the date ofcommencement shall be the date ofthis Agreement.

§ 3.2 The Contract Time shall be measured from the da1e of commencement of the \\'ork.

lnit.

AIADocumentA101° -2017.Copynght01915  1918, 192519371951  1958 1961.1963, 1967,1974.1977  1987,  1991  1997.2007and2017byThe

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Arnencan lnsl,tute of Archltects. All rights reserved    �,,  ,;,.    ce• lnst,lat1e of ArcMecii    ,,_,,.   111<' AIA Logo   AlfJ,    dCd  AIA Contract Docume0,ts  are r�"IJ•Stereti lraac,nark� and may no! t>i' u;,;:,,J ,,.1t,ou1 Pt'<'111ss - Ttus document was created on 10/1612020 14 28 19	under the terms of AIA Documents on Demand• Order No. 2010616046	,s nc! for resa,e. ,s licensed tor one-ume use only and may only be used on accordance with the AIA Contract OOC\Jments® Documents-on-Demanc • EM Use, L,cense A91eerne111 To repon copynght 111olations e-mail copynghl@a,a erg

§ 3.3 Substantial Completion
§ 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents. the Contractor shall achieve Substantial Completion of the entire ·work:
(( 'heck w1e oj thefollowing hnxes and complete the nece, m,:1· i11fvr111mio11. 1

'\Jot later than
the date of commencement of the Work.
D	By the following date:

90	) calendar days from

§ 3.3.2 Subject to adjustments of the Contract Time as pro\ ided in the Contract Documents. if portions of the Work are 10 be completed prior to Substantial Completion of the entire Wort-.. the Contractor �hall achieve Substantial Completion of such portions by the folio,, ing dates:

Portion of Work Not Applicable

Substantial Completion Date

§ 3.3.3 If the Contractor fails to achii .:v.: SubStantial Completion as provided in this Section 3.3. liquidated damages, if an)'. shall be assessed as set forth in Section 4.5.

ARTICLE 4 CONTRACT SUM
§ 4.1 J'he 0\\ner shall pa) the Contractor the Contract Sum in currem funds for the Contrnctor·s performance of the Contract. The Contract Sum shall be One Ilundred Sixty Nine Thousand Four H undred Th irty and 00/ 1 00
( S 1 69,430.00	). subject to additions and deductions a:, provided in the Contract Documents.

§ 4.2 Alternates
§ 4.2.1 Alternates. if any. incl11dccl in tht: Contract Sum:
Item	Price
Not Applicable

§ 4.2.2 Subject to the conditions noted belo\1. the following alternates may be accepted by the Owner following execution ofthis Agrecmem. l,pon acceptance. the Owner shall issue a IIlodi fication to this Agreement.
(lnsen below each affL•male and 1he ,·011ditio11s that 11111st be ,netfbr the 011 ner 10 <Krepl !he al!ernme. /

Item	Price	Conditions for Acceptance Not Applicable

AIA Document A101•- 2017. Copynght () 1915. 1918. 1925 1937. 1951 1956. 1961, 1963. 1967. 1974 19n. 1987. 1991 1997 20-07 and 2017 by The

3

Aner::::c.an J�stitJte o' Arch tectS,. All nghts reserved ·t1e ··Arner1can 1n!;t1tu1e of Ard11htcts     �\IA   tlH,; Alt� i�Q90.  A  01    mo  /t!A (:ontrac1 Documern:s-  iire
, ,·  ••  -�  ��·<> and   a, co: oc v�ed w,tho.it f)(""'"•'on  This documMt was created on 10/16/2020 14.28:19	under the terms ol AIA
)e<:,;flfl"en:s M Oemard• Order No  2010616046     , 1s not for resale  ,s licensed for one-tune use only, and may only be used •n accordance with the AIA
:C-:rac1 Documents® Documents-on-Demand • End User License Agreemeni To report copynght v,clat<ons. e-ma,I copynghi@a,a org

§ 4.3 i\llo,,ances. i fan)'. included in the Contract Sum: (ld,mti/i· each al/011 a11n: J

Item
Not Applicable

Price

§ 4.4 unit prices, if any:
(/de1111/j the item ancl ,111te the 1111it p, icl' antiq11mlfit_1 li111i/atit111,. 1/mn-. m 11 /1irh thl! 1111i1 price II ill he app/1cahle J

Item	Units and Limitations	Price per Unit ($0.00) Not Applicable

§ 4.5 Liquidated damages. ifan1 :
rlmert ll!/'111' and co,1rh11om fur liq11id(l(et/ damage.,. !I 011y J
Not Applicable

§ 4.6 Other:
rInsert pro1·i.,iomfor bm111s or other i11ce11/fres. ifan_i. that 1111ghl ,·emit in ,1 chm,�e to the ( ·0111racr ,·um J Not Applicable

ARTICLE 5 PAYMENTS
§ 5.1 Progress Payments
§ 5.1.1 Dased upon Applica11011� for l'a)mcnt �ubmitted to the ,\rchitcct b) the Contractor and Certificates for Pa1111en1 issued by the Architect. 1hc O,\ncr shall ma!..c progress paymcnh on acc,,unt of the Contract Sum 10 the Contractor as provided bclo\\ and c:l,e" here in the Contract Document,.

§ 5.1.2 The period covered b� each Application for Pa}'mcnt shall be one calendar month ending on the last day of the month, or as follo,\s:

-
lnit

§ 5.1.3 Provided that an i-\pplica1ion for Payment is re<.:ehcd by tlit: Architect not later than the	last  day of a month. the Owner �hall make pH)mcnt ofthe amount certified w the Contractor not later than the 30th
da)' ofthc(same) {.[Ql!Ql11011th. I fan Application for Pa}ment is rccci,·ed b> the •\rchitect after the ;,pplication date fhed above. pa} rnent of the amount certified shall be made b:,- the O\,ner not later than
( 30 l da;s after the Architect receives the Application for Payment.
{Fedeml. state or load /au \ 11111y require pa_1 1111•11/ 11 11/1111 11 certa111 perwd oftime J
AIA Document A101• - 2017. Copyr,gh1 0 1915. 1918 1925 1937 1951. 1958 1961 1963. 1967. 1974. 1977 · 9a7. 1991. 1997 2007 and 2017 by The

4

American inst1hrte Of Arcil1tects. AU nghts rese,ved	M?  Arrt     .J"' ft   11'l.,  ,: Arc   •,· ••    1, �   f""'.! td,'-   c :o   t,·o      .1m  At,, (.;o,1raet •Jr.<:-1re1•t�  .J·
<'<I �l�•c.J 'ri!<Jemd     ..no     •y   ;t ,�     "<l w,1·o-.  1>-•r	�    •t1,s documenl was aeated on   :01�6'2020 14·26 19	under lhe terms of AIA Doc.irrents on Demand' Order No  201 06'6046	,s no1 for resale  ,s hcensed tor one-1,me use only  and may only be used 1n accordance wrth the AIA Con1rac1 OccLments® Oocuments-on-Oemand . End User l.1cen5e Agreement To repo/1 copyright v1olahons e-ma,I copynght@a,a org

§ 5.1.4 l-ach Application for l'aymenl shall be based on che most recent schedule of values submitted b) the Contraccor in accordance with the Contract Documents. The �chedule ofvalues �hall allocate the cntirc Contract Sum among the
,arious portion� ofthe \\'or!-.. 1 he schedule of, alues shall be prepared in �uch fom1. and supported b)- such data to substantiace its accuracy. a� the Architect ma> require. Thisschedule of values shnll be used as a basi, for revie,\ ing the Contractor·s Applications for Pa,ment.

§ 5.1.5 Applications for Payment shall shov. the percentage of completion ofeach portion of the \\ or!-. asof the end of the period co,ered b:r che Application for Pa� menc.

§ 5.1.6  In accordance " ith 1\ IA Documcnl A'.!01 •  '.2017. General Condicions ofthe Contract for Construction. and subjecc 10 othcr pro, isions ofthe Contract Documents. the amounl ofeach progrC\\ pa) ment shal I be compulcd as follows:

§ 5.1.6.1 The amounc ofeach progress pa)ment shall firsr include:
That portion of1he Contract Sum properly allocable ll> completed \\ ork:
That portion of1he C'ontracr Sum proper!:,- allocable 10 materials and cquipmcnt deliH:rcd and suitabl) stored at rhc site for subsequent mcorporation in 1he completed conslrucrion. or. ifapproved in advance
b) the o,,ner. suitably �torcd off the sire at a location agrccd upon in \,riting; and
That portion ofConstruction Change Dirccthc� that lhe ,\rchih!Ct determines. in the Architect's professional judgment. to be rcasonabl) justified.

§ 5.1 .6.2 The amount ofeach progre�s pa)'ment shall then be reduced by
The aggreg;He ofan1 amounts previousI) paid by the Owncr;
The amount. ifan). for \\ ort- chat remains uncorn:c1ed and for \\hich the Architect ha, pre, iousl)'
,, ithheld a Certificate for Payment as provided in ,\rticle 9 of J\IA Document A20 I 2017; 
An:, amount for \\hich the Contractor docs not intend to pa� a Subcontractor or material supplier. unless the \\'or!-. has been performed b} other� che Contractor intendsto pa):
For \\'or!-. performed or defects discovered since the last payment appltca1ion. an) amount for which the Architect ma, ,vithhold payment. or nullit) a Certificate of Pa) mcnt in \\hole or in par!. a:; provided in Ar11cle () of \IA Document A '.!0 I 20 I 7: and
Retainagc withheld pursuant to Section 'i 1.7 

§ 5.1.7 Retainage
§ 5.1.7.1 For each progress pa:rmcnt made prior to Substantial Completion ofthe \\ or!-., the o,�ncr ma) withhold the fol io\\ing amount. as retainage. from the payment ochernise due:
(lml'rl a percentage ur ,1111011111 tu be ll'ithheltl r1.1 rerainaxe jrm11 each. lpplic(lfion/01 l'ay111e111 !hi! 0111011111 of rclainaj!o!  may he limlls'd by 1-:m <'111111� /1.111  J

§ 5.1.7.1.1 The folio" 1ng items are not subject to retainage:
(Insert any 11e111s 11nr .rnhjecr 10 the 1iirhholcli11� o(retainage. such a.1 general ('(111ditio111. i11.,11ra11ce. ell J
Not Applicable

)

lnit.

AIA Oocument A101•- 2017. Copynght () 1915. 1918 1925 1537 1951 1958 1961 1963 1967 1974 1977 1987 1991. 1997 2007 and 2017 by The

5

Amertcan lnsttlu1e of Architects. All nghls reserved. he An	I     ,	,.;1>     "'• •    ,,.	�•>d /\ Co, ract Docu.,.,,,,. "'� 1.-'{"'l1•   J tr.t�er""r·,,ks t1r,d rn,Jy not oi .1�d w1lri0,,t µu,0,1.�.on This docume"lt was e<eated or,  t0/16/2020 14·28·19	under the terrrs of AIA Documents or, Demand' Order No 20'0616046	,s not for resale ,s hcenSe<l lor one-lime use only and may only be used ,n accordance with the AIA Co�1•act Documen1s® Documents-on-Demand • End User IJcense Agreemen1 To report copynght v,olallons e-ma,t copyngh1@a,a org

§ 5.1.7.2 Reduction or limitation of retainage. i fan}. shall be as follows:
(Ifthe re1a111C1ge estabffahed in Sec1io11 5 /. -., is /0 be modified pl(('lor to S11IJ\"l umial C'o111ple1im1 of1he emire Work. i11d11di11g 111od//ica1io11.1 .for ..'>11h�1m11ial ( '11111ple1io11 (Ifpor/1011.1 ,, 1he II o, A a1 pr<witled in Secti on ., 3 2. in.,err
prm·i�ionsfor such 111odi/icutio11s.1
Not Applicable

§ 5.1.7.3 Except as sel forth in this Section 5.1 .7.3. upon Substantial Completion ofthe Work. the Contractor may submit an Application for Payment that incl udes the retainagc withheld from prior Appl ications for Payment pursuant to this Section 5. 1. 7. The Application for Payment submitted at Substantial Compktion shall not incluc.k retainage as follows:
IInsert tmy other conditiom.for release ofreta111age upon S11hst1111tiC1/ ( ·omp/e1io11 I
Not Applicable

§ 5.1.8 If final completion of the Work is materially delayed through no fault of1he Contractor. the Owner shall pay the Contractor an> additional amounts in accordance ,,ith Article 9 of AIA Doc ument A'.!0 I 20 1 7.

§ 5.1.9 Except with the O,\ncr's prior approval. the Comractor shall not make advance paymenrs to suppliers for materials or equipment \\hich have not been delivered and stored at the site.

§ 5.2 Final Payment
§ 5.2.1 � inal payment. constituting the entire unpaid balance ofthe Contract Sum, shall be made b:,, the Owner to the Contractor ,1-hen
the Contractor has full) performed the Contract except for the Contractor·� responsibility to correct Work as provided in Article 12 of Alt\ Documem A'.!01 -ZO 1 7. and to satisfy other requirements, ifany.
\\hich extend beyond final 1>a) mcnt: and
a final Certificate for Pa) ment has been issued by the Architect.

§ 5.2.2 The O,\ne(s final payment to the Contractor shall be made 110 later than JO days aller the iss uance or the
.l\rchnect";; final Certifica1c for Payment. or as follo"s:

§ 5.3 Interest
Pa) ments due and unpaid under the Contract shal I bear interest from the date payment is due at the rate stated below. or in the absence thereof. al the legal rate prevailing from time to time at the place \\here the Project is located.
rim.tiI 1-a1e of imere.,1 agreed up on. /{,111_1 J

ARTICLE 6 DISPUTE RESOLUTION
§ 6.1 Initial Decision Maker
The A rchitect will serve as the: lnittal Decision \1aker pursuant to ;\ rticle 15 of AIA Document /\20 1 -20 1 7. unk�s the parties appoint below another individ ual. not a party w this Agreement, lo serve as the Initial Decisi()n Maker.
(/f1he pa/"1/e.1 m1111uiily agree. i11.1er1 the nwm!. addre;, und mhl!r contu�·/ i11{or111wiun o{rl,e Initial Decision .\ Inker. if olher 1'11111 the -/rc/11/ect.J

)

AIA Document A101• - 2017. Cop1righ1 � '9"$ 1918 1925 1937. 1951 1958 1961 1963. 1967. 1974. 1977. 1987. 1991. 1997 2007 and 2017 by The

6

Amencan lns!Jtute o! Architects. All rights reser\ed  'I"--tt-  ;,.,n:.wcar 1,,�1ituu• of Arcn,1te1�     Al,\   ne AJA  .og,   A \01    ,mo  AIA Con11ctCt Docun'ten1:.  Jte "t:'.l1�t  'fFl !"acµ.· r.-," ..: .; ,..i1 ,01 �e  t.�"' ,,, :"'r-  : rer•nss.ron  This doct.1rnent was created on   10J16/2020 t4·28· 19	\JPder the 1erms of AIA Dccument� on Der,,a0c   Orde, No  20'.06\6)�6	,s not for resale. ,s licensed tor one-lime use only. and may cnly be used ,naccordance w,lh the AIA Ccetract De<:c,..ee:s� Ooc.mer,ts-on-Cemard • :M User License Agreement To repon copynghl vi01a11ons e-rra•I ccpynght@a,a Otg

§ 6.2 Binding Dispute Resolution
For any Claim subject to. but not resolved b). mediation pursuant to f\rttclc 15 ofA IA Document A20 I 20 1 7. th,; method of binding dispute resolution shall be as follO\\S:
(Check the appropriure f>ox. J
0	Arbitration pursuant to Section 1 5.4 of AIA Document J\20 1 20 17 
D	Litigation in a cour1 ofcompetent jurisdiction
D	Other (Speci/j•J

Ifthe Owner and Contractor do not select a method of binding dispute resolution. or do not �ubsequentl)' agree in writing to a binding dispute rc�olution method other than litigation. Claims will he re�olved h)' litigation in a court of competent jurisdiction.
ARTICLE 7 TERMINATION OR SUSPENSION
§ 7.1 The Co111ract may be terminated by the O\\ner or the Contractor as provided m Article 14 of AIA Document A'.!0 I -2017.
§ 7.1.1 If the Contract b tenninated for the Owner's conwnicnct: in accordance \\ilh Article 14 of,\ IA Document
,\20 I  201 7. then the Owner shall pay the Contractor a termination fee as follows:
(/mer/ 1he amo11111 of. or me1hodfi,r de1ermi11inp.. thefee. if any po_1·of>le 10 th<' Crmtrnctorji,lloll'ing a terminationfor thi! (),, 11er ., com·e11ie11ce J

§ 7.2 The \\'orl.. ma) be su�pendcd by the Owner a$ provided in Article 14 of Al A Document A20 I 20 1 7.
ARTICLE 8 MISCELLANEOUS PROVISIONS
§ 8.1 \\'here reference is mad<: in this Agreement to a provision of A IA Document A20 I 20 17 or another Contract Document. the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.
§ 8.2 The Owner's repre�entati\'e:
(.\'ume. addres.1. emml address. and miter infomwt1un/
Tom Panaseny Fieldstone CDD
5824 Lakewood Ranch Blvd. N. Sarasota, Florida 34240 tpanaseny@nealland.com

lnit.

AIA DocumQnt A1O1•- 2O17.Copyn9h10 1915   Hi18  1925,  1937  1951   1958  1961. 1963, 1 967  1974, 1977  1987. 1991   19972007 and 2O17by The

7

Amer.can lnstrtufeof Archrtects. All rights reserved    "'!c �rr.t-1-�• h-::.11t11te of Ar<:"litecTh     A;:..   tf1e AlA ._:-go   A· i.J1    dfV' AIA C¢nffciC1 Uocumco!�  iii•:
<:'JISH>reo 1ra<1em�rk$ aM "'•'Y not u� �s,io ,,, ,,� , ,,v,m,ssc<:ln  This document was createo on    10/'6/2020 14 28 19	under the terms of AIA Documents on Demand' Orde, No. 20106Hl046	,s not ror resale. ,s licensed for one-hme use only. and may only be used ,n accordance w;lh the AIA Ccniraci Documents®Documents-on-Oemano • :rd User license Agreement To reµor1 copy11ght violations. e,1y,a,t copy1ight�a1a.org

§ 8.3 J'he Contractor's represcntati\c.
/\a111e. addreH. emml tuldres.,. 1111d mher 111(<11111aiio11J
Trevor Sas
Windward Building Group, Inc. 650 Second Avenue South
St. Petersburg, Florida 3370 1 tsas@windwardbuilding.com

§ 8.4Neither the Ov.ncr', nor the Contractor's representative shall be changed "' ithout ten da}s· prior notice to the other party.

§ 8.5 Insurance and Bonds
§ 8.5.1 The o,\ncr and the Contractor shall purchase and 111aintain insurance as set forth in Al A Document 1\ IO I n,_ 201 7. Standard Form of  \greement Betv.cen O\,ner and Contractor \\here th;; ba�is of pa�ment 1$ a Stipulated Sum. E:>.hibit A, I nsurance and Bonds. and elsewhere in the Contract Documents.
§ 8.5.2 The Contractor shall prtl\ ide bond� a5 set forth in ,\I \ Document A IO I 1 " 20 17 bhibit A. and else,\here in the

§ 8.6 No1ice in elec1ronic formal. pur,uant to Aniclc I of A IA  Documem A20 I  -2017. ma) bc given m accordance "'i 1h AIA Document E20J r" 2013. Building I nformation \1o<leling and Dig.Ital Data Exhibit. if completed. or asothem ise set forth belO\\.
(// o,her 111,111 111 accordon,·,1 11 i1h .·I /.·I Doc11me111 t-:203  ::o13. 111.wr1 require111e111.1 for t!elil'eri11g 1101ice in elec1ro11ic
.for111u1 sue/, m ,u111Ie. 1itle  and email addre1.1 0(1he reci11ie111 oll(/ 11 helhl!r 011d hen, 1he s1s1e111 1ri// he required IO gcnem/<1 a read rt'ce1p1/or 1/,e 1r,1111missi1111J

§ 8.7 Other provisions:

)
ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS
§ 9.1 fhis Agreement 1scomprised ot the following documents:
.1	,\\- IA Document A IO I TM-20 1 7. Standard Form ofAgreement Be1\1een o��ner and Contractor
.2	Al.\ Dc,eu111e111 ,�181111 .?917. L.<1111!,r '\, l1rnmrnee 11Ad Rands
:\IA Document \20 I 1 "-20 1 7. Gen..:ral Conditions of 1h1;: Contract for Cons1ruc1io11
Al.'I Doeun.e111 r;39:;rn :?913. 0t1ildi111:- lnforli1tt1ie,11 Modeli11"' ftnd Oi.,iwl D11111 L1hibi1. datefl EIS i,iaiettted helocc.
f lmerr !he dale (!/ lhe t:::103-:!013 i11co111ora1<1d mm 1/us  lgret'lllt'III J

lnit.

AIA O�ument A101> - 2017 Copyngh1 C 1915 1918 1925 1937. 1951 1958 1961 1963 1967, :974, 1977 1987 1991 1997 2007and 2017 by The

+	�"' ,,

Amencan lnstrtute of Ard'lltects. All oghts reserved    �    A   ,,,c.,,   Ir ,, �11' c.. Ai	.:�::.    �	.-,111	·..,	:\It ro  ,	iocum  1t:    it; 	8
d, ·".,"-�   J, ,o ;,  ••.i " ,. "'	. or Th,s documenI was aemeo on  or6/2020 \4 28 19	underthe Ierms of AIA
coc..mems on Demand' Order No  20'0616046	s no1 for resale ,s licensed tor one-tome use only and may only oe used ,n accordance wth the AIA Cont,�ct Cocurrents� Oocumen1s-on,Demaoo . End user License Agreement  To report copyngnl v,!>la11ons  e-ma,1 copynght@a1a.org

Ora" ings
Number	Title
See Exhibit A (Contractor's Proposal) for listing of Drawings

Specifications
Section	Title
Not Applicable

Addenda. ifan�.

Number	Date
Not Applicable

Date

Date	Pages

Pages

Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidd ing or proposal requirements are al�o enumerated in this \rticle 9

'"J!

Other 1:xhib ii ts:

□

rChec/.. all hox11J that apph mill i11chlllt> t1pproprim11 i11/or111c1tio11 llle111i{.I	1he exhihit ll'ho?re reqmr,!d I

A I,\ l )ocumcm t-..204 1 " 20 1 7. Sustainable Project� Exhibit. dated as indicated beloo/ rtnseu 1he dale <!fth<t L!0-1-]IJI .,. 111cmp,ira111d into tl11s  lgreemellf J	(
Not Applicable
D	The Sustainal'lilit) Plan:
Title	Date	Pages
Not Applicable

lnit.

AIA Document A101• -2017. Copynght � 1915  '918  1925  1937 1951  1958 1961   1963   1967t974 1977  1987 1991. 1997, 2007 and 2017 hy The
Amencan Institute of .brch1tects. All nghts reserved	Ii ., t,,1   ..., Ar.,•,   .    Al	'""t· :;;,.   ..-. "      •	a.11     I\IA �.....   arae. '1 M'1�nc:'t     .re 	9

,,    ,, ,,,,,      ·••� d"''   �Yo•	,o., ·	c

This document was created on ·0"6'2020 14 28 19	under the terms ol AIA
1

OocoMents  on  Oem�nd'  Order No  2010616046	1s not or resale 1s t:censed for one-time use only  and may only be used 10 accordance w11h the AIA
Con:rae1 Documents® ::>ocaments-on-Oemand - Eno User License Ag,eemenl To report copynght violalions e-mail copynghl@a1a.org

D	Supplemental) and other Conditions ofthe Contract:
Document	. Title
Not Applicable

Date	Pages

Other documents. if any. listed below:
(U,r hi!rt! aIIy add11io11al d1x·11111e111s //w/ are /mended ro[orm pan of1he < 'on1rac1 !)oc11men1s. .·II. !
Doc11111e111 .L?O1 1 " 20J "' prol'ide,- 1ha1 thl' 111/n:nisemenl or im•11alio11 10 bid. h1s1rnc1icJ11s 10 Bidden.
samplejimns. the Comracwr s bid or propolal. I1orIIm1I· <�f. lddemla r.:lating to hrddmg or proposal req11ire111e111.t. 011d 01ht>r infor111a1ionji1rni�l1t:d b) 1he Ownl!r /11 an1icipatio11 <fr,1ceil'ing bids or proposals. arr: nol pan o/'1he Co111racl Documents 11nle.1s e1111ff111l!rt11ed in 1his ..lw<!emenr  Any such
doc11111<1nts .,houltl he li.11ed lwre 011/y (limended 10 he pao r! r/1c' Co11/ract /Jooom.'111.U

Exhibit A: Contractor's Proposal- Scope of Work & Contract Document Listing

This Agreement entered into as of the day and year first wrinen above.

OWNER (Sig1111111reJ	CONTRACTOR rSignat11re1

(Primed name and 111/e)	(Primed name mu/ ri1/eJ

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AIA Oocument A101• - 2017. Copynght C 1915. 1918  1925  1937  1951   1958. 1961   1963  1967  1974  1977  1987   \991   1997, 2007 and 2017 by The

10 

Amencan (ns1Jtu-te of Arehdects. All nghts reserved. Tho A, i;;c ..;.ar- ,»11h.;�•.. of Au;h,lec1s AlA tr'\;. \IA <. oqo 1,,o, J'ld Ali\ Cootroci DOlumer:ts ort:

.

re911ste1e<J 1,.;,cerm,rks and ffiilY no1 �- u:,ed wlho1a per<TH.SO"  Th,s document was crea1ed on    ·o,•512020 '.4.28.19	underihe terrn• of AIA Documents on Demand• Order No 2010616046 . ,s not (0< ,,sale ,s licensed for one-hme use only and may only oe used ,n accordance w;th the AIA Contract Documentstl Documents-on-Demand • End User License Agreemem.To report copyright v1ota11ons e-ma,1 copynght@a,a.org

lf((t

WIN DWARD 

650 2ND AVENUE SOUTH
ST. PETERSBURG. FL 3370 1

\�	BUI LDING GROUP 

September 28, 2020
Mr. Mark Roscoe Neal Land
5824 Lakewood Ranch Blvd N. Sarasota, FL 34240

!EXHI BIT A I

TEL/FAX - (727) 31 4-8220
WEB- WWW.WINDWAr<DElUILDING.COM

RE:	Riverfield Verandah at North River Ranch Cabana Finishes Proposal Dear Mark,
Thank you for the opportunity to provide you with a proposal for the Amenity Work at the above mentioned location. We propose to do this work for the Sum of One Hundred Sixty	ine Thousand Four Hundred Thirty and o/100 Dollars ($169,430.00).
Scope of Work
Cabana
I.	Stone
Steel: supports for countertops
Aluminum Frame
Handrails
Exterior finish carpentry: hardie softit & siding
Counlertops (3cm thickness)
Waterpro"ting
lnsulation:j batt insulation in ceiling (only in mechanical and bathrooms, not covered porch area)
Rooting: metal
Fascia: aluminum wrapped
Tower Ceiling: aluminum
Doors, Frames, Hardware
Stucco
Drywall
Ceramic floor & wall tile
Painting
1 7. Toilet Accessories
Signage: restroom
Fire Extinguisher & Cabinet
Knox Box
Screens- Power coasted aluminum
Inclusions
I.	Builders Risk Insurance
Storage Container
Supervision
Daily Clean Up
Dumpsters
Temporary Toilet
Final Clean Up
Electrical Service Lateral per plan
Knock down drywall finish on walls and ceilings I 0. (I) Mobilization figured for all work listed above
Exclusions
I.	Plan Review, Impact Fees, and Permit Fees
Payment & Performance Bonds
Page I of3

Proposal (Continued): Riverfield Verandah at North River Ranch Cabana Finishes September 28, 2020

Clearing, Fill, or Grading prior to installing the scope ofwork listed above
'Compaction Testing & Material Testing
Road Sleeves to be installed and located
Erosion control & maintenance
Field Engineering & Asbuilts
Landscaping
Irrigation
I 0. Window treatments
11. Interior furniture
1 2. Backflow Devices
Parking Lot, Site Utilities, Mass Grading
Swimming pool
Gravel at pool equipment area
Pool Furniture & Day Beds
Security system
Wifi
1 9. Low Voltage Site Lighting
20. Yard Drain & Roof leaders 21 . Gutters & Downspouts
Audio
Televisions
Envera
Site Furnishings
Dumpster Enclosure
Gas
Gable & Dormer Lights shown on exterior elevation (not shown or specified on electrical plans)
Sid�alks
Mailb�xes
Bid Documents
Our proposal is based offof"Riverfield Verandah at Norih River Ranch" drawings prepared by Ugarte & Associates

Sheet	Drawings		Date	
A00I	Title Sheet		07-3 1 -20	
AIOI 	Architectural Site Plan		07-3 1 -20	
A201	Proposed Floor Plan		07-3 1 -20	
A202	Roof Plan		03-20-20	
A301	Door and Window Schedule		03-20-20	
A401	Exterior Elevations		07-31-20	
A402	Exterior Elevations		07-31-20	
A403	Interior Elevations		03-20-20	
A501	Building Sections		07-31-20	
A502	Wall Sections		03-20-20	
A503	Wall Sections		07-31-20	
A601	Reflected Ceiling Plan		07-31-20	
A801	Details		03-20-20	
A802	Details		03-20-20	
SI00	General Notes		03-20-20	
S200	Foundation Plan and Details		07-31-20	
S300	Roof Framing Plan		03-20-20	
S400	Sections and Details		03-20-20	
S500	Details Contd.		03-20-20	
E00 I	Legends and otes		07-31-20	
E002	Specifications		07-31-20	
E003	Specifications		07-31-20	
E I00	Site Plan		07-31-20	
E200	Floor and Ceiling Plan	
Page 2 of 3	07-31-20	

Proposal (Continued): Riverfield Verandah at orth River Ranch Cabana Finishes September 28, 2020

E300 E400 E40I POOi P002
PI OO P200 P300 P400 P500

Schedules and Riser Diagram Details
Details
Legends and otes Specifications
Site Plan
Gravity and Pressure Plans Schedules
Riser Diagrams Details

07-3 1 -20
07-31 -20
07-3 1 -20
07-31 -20
07-31 -20
07-31 -20
07-3 1 -20
07-31 -20
07-3 1 -20
07-3 1-20

Windward Building Group looks forward to working with you on this project. Should you have any questions, please do not hesitate to contact me.
Sincerely,

-- --�

Windward Building Group

Page 3 of3

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Windward Building Group, Inc. Agreement, North River Ranch Riverfield Verandah Amenity Hardscape Parrish (under separate cover)

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Funding Requests # 2021-01 – 2021-04

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Funding Request 2021-01 - 2021-04

FR #	Description	Amount	Total	
				
2021-01	Detweiler's Propane Gas	$5,307.00		
	Greene Marine Construction	$45,000.00		
	RIPA & Associates	$318,203.93		
	SignPro Studios	$	16,172.50		
		$	16,172.50		
		$	6,375.00		
		$	18,072.50		
			$425,303.43	
				
2021-02	Stewart's Tree Service	$79,250.00		
			$79,250.00	
2021-03	Detweiler's Propane Gas	$	4,062.90		
			$4,062.90	
				
2021-04	Booth Design Group	$	1,500.00		
	Solar Vision	$	269.00		
	Windward Building Group	$	6,230.00		
		$	1,240.00		
			$9,239.00	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Funding Request No. 2021-01
1 0/23/2020

Item No.

Payee

Invoice No.

General	Brightwood	Fiscal Fund		Year

By Amanda Lane at 8:46 am, Oct 28, 2020

Detweiler's Propane Gas
Propane Tank Installation	
35388	
$	
5,307.00	
FY 2021	
2	Greene Marine Construction
Grande Reserve Boardwalk Construction - Piling Installation		
$ 45,000.00	
FY 2020	
3	RIPA & Associates
North River Ranch Ph 1D East - Pay App 10 Through 07/31 /2020		
$ 318,203.93	
FY 2020	
4	SignPro Studios
Median Sign - Riverfield East - 50% Deposit	
1 77-2020	
$ 16,172.50	
FY 2021	
Median Sign - Riverfield South - 50% Deposit	178-2020	$ 16,1 72.50	FY 2G21	
Median Sign - Riverfield Verandah - 50% Deposit	179-2020	$	6,375.00	fY 2Q21	
Box Logo Tower - Ft. Hamer Road SE Corner - 50% Deposit	1 80-2020	$ 18,072.50	FY 2021	
	Subtotal	$	$ 425,303.43		
	TOTAL	$425,303.43		

363,203.93
62,099.50

Secretary I Assistant Secretary

Make check payable to:
Fieldstone COD
c/o Fishkind Associates 12051 Corporate Boulevard
Or1ando, FL 32817
(407) 382 3256	Page 1 of 1

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Funding Request No. 2021 -02
1 0/30/2020

Item No.

Payee

Invoice No.

General Fund

Grand Reserve

Fiscal Year

1	Stewart's Tree Service

Grand Reserve Entrance Road Trees

1 661 5
Subtotal	$

$  79,250.00
$  79,250.00

FY 2021

//� �

TOTAL	$79,250.00

79,250.00

IFFFYY 22002201 1

By Amanda Lane at 4:28 pm, Nov 02, 2020

Secretary I Assistant Secretary

Make check payable to:
Fieldstone COD
c/o Fishkind Associates
12051 Corporate Boulevard
Orlando, Fl 32817
(407) 382-3256

Chain�na

Page 1  of 1

�

WWW

fce Chairman

F11 11u/nn6d//22in0022g0Req uest No. 2021 -03

FIELDSTONE
COMMUNITY DEVELOPMENT DISTRICT

ItNNeomm.	Payee

InvNNoooic.. e

GFFeuunnneddral

RGGerrsaaenrvrvde

FYYiseecaaarr l

1	DPPaaevvtwii lioenil ePr'r'rsopPParrnooepTTaaanen kGIIannsstallation

$	4,062.90	FY 2021

Subtotal	$	$	4, 062.90
TOTAL	$4,062.90

4,062.90	! FYFY 22200022201 :1

Secretary I Assistant Secretary

Make check payable to: Fieldstone COD
G/o Fi:,hkind A;3oooialc;,
12051 Corporate Boulevard
Orlando, FL 32817 
(407) 382-3256

Chairman / Vice Chairman

Page  1 of 1	[ RECEIVED

·'-'-

By Amanda Lane at 10:14 am, Nov 09, 2020]

FIELDSTONE
COMMUNITY DEVELOPMENT DISTRICT

1 1 /1 3/2020

Funding Request No. 2021- 04

ItNNeomm. 

Payee

InvNNoooi..ce	GFFeuunnneddra l

RGGerrsaaennrdve

FYYiseecaaarrl

1	Booth Design Group

Architectural Services Through 11 /09/2020

2	Solar Vision

Blackout Film Installation

3	Windward Building Group

AAAmmmeeenniiittyyy CCCeeennntteeerrr WMMaai Fiinni tIIennnsattaanlcclaeetion

2525	$	1, 500.00	FY 2021	
28883	$	269. 00	FY 2020	
111 222111 45 
Subtotal	$	6, 230.00

$	$	9,239.00	FY 2021
FY 2021	
TOTAL	$9,239.00		

$	1 ,240.00

Secretary I Assistant Secretary

8,926709 ...00000

Chairma�	,L./'

FFFYY 222002201 1

Make check payable to:
Fieldstone COD
c/o Fishkind Associates
1 2051 Corporate Boulevard
O�ando, FL 3281 7
(407) 382-3256

Page  1 of 1	[ RECEIVED	]

By Amanda Lane at 9:48 am, Nov 16, 2020

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Payment Authorizations # 01- 04

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Payment Authorization # 01-04

PA #	Description	Amount	Total	
				
1	Bradenton Herald	$70.20		
	Ml-BOX Gulf Coast	$189.00		
	PFM Group Consulting	$3,333.33		
	Supervisor Fees -10/14/2020 Meeting			
	Dale Weidemiller	$200.00		
	John Blakley	$200.00		
	Pete Williams	$200.00		
	Sandy Foster	$200.00		
	Priscilla Heim	$200.00		
			$4,592.53	

2021-02	DayStar Exterior Cleaning	$580.00		
		$410.00		
			$990.00	
2021-03	Frontier	$207.33		
	Manatee County Utilities Department	$	556.21		
		$	165.06		
		$	173.41		
	Peace River Electric Cooperative	$	1,052.84		
		$	659.67		
		$	32.00		
		$	53.83		
		$	177.42		
		$	285.02		
	Southern Land Services of Southwest Florida	$3,000.00		
	Sunrise Landcare	$	790.00		
		$	6,000.00		
			$13,152.79	
				
2021-04	Bradenton Herald	$264.42		
	Eco-Logic Services	$1,275.00		
	Grau and Associates	$1,500.00		
	MacroLease	$695.00		
	Neal Land & Neighborhoods	$459.89		
			$4,194.31	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Payment Authorization No. 001
1 0/1 6/2020

Item	

Payee	

Invoice	

General	

Fiscal	
No.		No.	Fund	Year	
1	Bradenton Herald
Legal Advertising on 1 0/07/2020	
4761079	
70.20	
FY 2021	
2	Ml-BOX Gulf Coast
Box Rental	
3730	
1 89.00	
FY 2021	
3	PFM Group Consulting
DM Fee: October 2020	
DM-1 0-2020-00011 	
3,333.33	
FY 2021	
4	Supervisor Fees - 1 0/14/2020 Meeting
Dale Weidemiller		
$	200.00	
FY 2021	
	John Blakley		$	200.00	FY 2021	
	Pete Williams		$	200.00	FY 2021	
	Sandy Foster		$	200.00	FY 2021	
	Priscilla Heim		$	200.00	FY 2021	
		Subtotal	$ 4,592.53		
			
4,592.53		

y� �	� /

By Amanda Lane at 11:26 am, Oct 19, 2020

Secretary I Assistant Secretary

Make check payable to:
Fieldstone COD
c/o Fishkind Associates
12051 Corporate Boulevard
Orlando, FL 32817 
(407) 382-3256

Page 1 of 1

Chairman I Vice Chairman

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Payment Authorization No. 002
1 0/23/2020

Item No.

DayStar Exterior Cleaning
October Amen ity Maintenance - Building and Pool	
11 846	
580.00	
FY 2021	
October Amen ity Maintenance - Walkways and Windows	11 847	$	41 0.00	FY 2021	
	Subtotal	$	990.00		

990.00	
FY 2020
FY 2021	

1

Payee

Invoice
No.

General Fund

Fiscal
Year

By Amanda Lane at 8:46 am, Oct 28, 2020

Secretary I Assistant Secretary	Cha�

Make check payable to:
Fieldstone COD
cto FlsnKma Associates
12051 Corporate Boulevard
Orlando, FL 32817 
(407)  382-3256	Page 1 of 1

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Payment Authorization No. 003
1 0/30/2020

Item No.

Payee

Invoice	General	Fiscal
No.	Fund	Year

1	Frontier
Pavilion Service 1 0/23/2020 - 11/22/2020		
207.33	
FY 202	
2	Manatee County Utilities Department
11 510 Little River Way ; Service 09/1 8/2020 - 1 0/1 9/2020		
$	556.21	
FY 2021	
8905 Grand River Pkwy ; Service Through 1 0/27/2020		$	1 65.06	FY 2021	
11 539 Little River Way ; Service Through 1 0/27/2020		$	1 73.41	FY 2021	
3	Peace River Electric Cooperative
11510 Little River Way Amenity Center ; Service 09/18/2020 - 1 0/1 9/2020		
$ 1,052.84	
FY 2021	
Grande River Parkway Roadway Street Lights ; Service 09/1 8/2020 - 1 0/1 9/2020		$	659.67	FY 2021	
11539 Little River Way Irrigation Control ; Service 09/1 8/2020 - 1 0/1 9/2020		$	32.00	FY 2021	
8905 Grand River Pkwy Monument Lighting ; Service 09/1 8/2020 - 1 0/1 9/2020		$	53.83	FY 2021	
7980 Ft Hamer Rd Street Lighting ; Service 09/1 8/2020 - 1 0/1 9/2020		$	177.42	FY 2021	
Fieldstone Lot Decorative Lights ; Service 09/1 8/2020 - 1 0/1 9/2020		$	285.02	FY 2021	
4	Southern Land Services of Southwest Florida
Phase 1 D Seed and Mulch	
1 02320-10	
$ 3,000.00	
FY 2021	
5	Sunrise Landcare
Phase 1B Landscape Installation	
71570	
$	790.00	
FY 2021	
Bush Hog Mowing	71720	$ 6,000.00	FY 2021	
	
TOTAL	
$13,1 52.79		
		
13,152.79		

By Amanda Lane at 4:28 pm, Nov 02, 2020

y� �
Secretary I Assistant Secretary

Make check payable to:
Fieldstone CDD
c/o Fishkind Associates 12051 Corporate Boulevard
Orlando, FL 32817
(407) 382-3256	Page 1 of 1

Ch�

FIELDSTONE
COMMUNITY DEVELOPMENT DISTRICT

Payment Authorization No. 004 11 /6/2020

Item	Payee
No.

1	Bradenton Herald

Invoice No. 

General	Fiscal
Fund	Year 

Landowners' Meeting Legal Advertising

2	Eco-Logic Services	47641 92	264.42	FY 2021	
October Lake Maintenance	852	$ 1 ,275.00	FY 2021	
3	G rau and Associates				
FY 2020 Audit	2021 1	$ 1, 500.00	FY 202 1	
4	MacroLease				
FitRev Lease Installment	2951 27 	$	695 .00	FY 2021	

5	
Neal Land & Neighborhoods			
	Notice Boards	$	459 . 89	FY 2021 	

TOTAL	
$4, 1 94.31	

4, 1 94.31 	I FY 2020
FY 2021 	

Secretary I Assistant Secretary

Make check payable to:
Fieldstone COD
c/o Fishkind Associates
12051 Corporate Boulevard
Orlando, FL 32817 
(407)  382-3256	Page 1 of 1

[ RECEIVED

]

By Amanda Lane at 10:14 am, Nov 09, 2020

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Requisitions # 2019-188 – 2019-191

Fieldstone CDD Series 2019
Summary of Requisition(s): 188

Requisition	Vendor	Amount 	Special Instructions	Submit Payment	

188	

Driggers Engineering Services	

$	392.50	Please reference
invoice(s) SAL15050 with the payment.	Driggers Engineering Services
PO Box 17839
Clearwater, FL 33762	

Total	$	392.50	

Fieldstone CDD Series 2019
Summary of Requisition(s): 189-191

Requisition	Vendor	Amount 	Special Instructions	Submit Payment	

189	

Dewberry Engineers	

$	1,300.00	Please reference invoice(s) 1896374 on the
payment.	Dewberry Engineers PO Box 821824
Philadelphia, PA 19182-1824	

190	

SignPro Studios	

$	16,172.50	Please reference
invoice(s) 190-2020 with the payment.	SignPro Studios 827 Victoria Drive
Dunedin, FL 34698	

191	

Stantec Consulting Services	

$	123.00	Please reference invoice(s) 1724347 on the
payment.	Stantec Consulting Services 13980 Collections Center Drive
Chicago, IL 60693	

Total	$	17,595.50	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Requisitions Morgan’s Glen Project # 2019-44 – 2019-4

Fieldstone CDD Series 2019 - Morgan's Glen
Summary of Requisition(s): 44

Requisition	Vendor	Amount 	Special Instructions	Submit Payment	

44	

Woodruff & Sons	

$	189,665.19	

Please reference project 2730 and pay app(s) 10 with the payment.	Please overnight the payment to:

Woodruff & Sons 6450 31st Street East PO Box 10127
Bradenton, FL 34282-0127	

Total	$	189,665.19	

Fieldstone CDD Series 2019 - Morgan's Glen
Summary of Requisition(s): 45-46

Requisition	Vendor	Amount 	Special Instructions	Submit Payment	

45	

Booth Design Group	

$	1,200.00	
Please reference
invoice(s) 2440 on the payment.	Booth Design Group
146 Second Street North Suite 302
St. Petersburg, FL 33701	

46	

Driggers Engineering Services	

$	8,455.00	Please reference
invoice(s) SAL15040 and SAL15049 with the payment.	
Driggers Engineering Services PO Box 17839
Clearwater, FL 33762	

Total	$	9,655.00	

Fieldstone CDD Series 2019 - Morgan's Glen
Summary of Requisition(s): 47

Requisition	Vendor	Amount 	Special Instructions	Submit Payment	

47	

Woodruff & Sons	

$	987,381.93	

Please reference project
2730 and pay app(s) 11 with the payment.	Please overnight the payment to:

Woodruff & Sons 6450 31st Street East PO Box 10127
Bradenton, FL 34282-0127	

Total	$	987,381.93	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review of District Financial Statements (under separate cover)