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, February 10, 2021 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
Consideration of the Minutes of the January 13, 2021 Board of Supervisors’ Meeting
Ratification of Revised Jan-Pro Manasota Cleaning Agreement for Brightwood Pavilion
Ratification of E-Verification Application for the District
Consideration of Resolution 2021-06, Adopting an Internal Controls Policy Consistent with Section 218.33
Review and Consideration of Change Order No. 2, North River Ranch Phases 1C & 1D West
Review and Consideration of Change Order No. 9, Morgan’s Glen Phases 1&2
Review and Consideration of Change Order No. 10, Fort Hamer Road Extension Phase 1
Review and Consideration of Advantage Engineering, Inc. Proposal
Review and Consideration of ProStudios Proposal
Review and Consideration of the ONSIGHT Industries Proposals for Morgan Glen
Ratification of Funding Requests # 2021-11 – 2021-16
Ratification of Payment Authorizations # 11-14
Ratification of Requisitions # 2019-195 – 2019-197
Ratification of Requisitions Morgan’s Glen Project # 2019-59 – 2019-63
Review of District Financial Statements

Other Business
Staff Reports
District Counsel
District Engineer
District Manager
Audience Comments
Supervisors Requests

Adjournment

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of the Minutes of the January 13, 2021 Board of Supervisors’ Meeting

MINUTES OF MEETING

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING
Wednesday, January 13, 2021 at 1:30 PM 8141 Lakewood Main Street,
Bradenton, FL 34202
Board Members present at roll call via speaker phone or in person: Sandy Foster	Vice Chairperson
Priscilla Heim	Assistant Secretary
John Blakley	Assistant Secretary Dale Weidemiller	Assistant Secretary

Also Present at roll call via speaker phone or in person:

Vivian Carvalho      District Manager-PFM Group Consulting, LLC.
Venessa Ripoll	Assistant District Manager- PFM Group Consulting, LLC (via phone)
Kevin Plenzler	Neal Communities	(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
Mark Roscoe	Neal Communities	(via phone)
Pam Curran	Neal Communities	(via phone)
Jonathan Johnson	Hopping Green Sams	(via phone)

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

Ms. Carvalho call the meeting to order at 1:58 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 December 9, 2020 Board of Supervisors’ Meeting

The Board reviewed the Minutes of the December 9, 2020 Board of Supervisors’ Meeting.

On MOTION by Mr. Weidemiller, seconded by Mr. Blakley, with all in favor, the Board approved the Minutes of the December 9, 2020 Board of Supervisors’ Meeting.

Consideration of Resolution 2021- 04, Updating Registered Agent

Ms. Carvalho explained this resolution updates the Registered Agent from Dr. Fishkind to Ms. Carvalho.

On MOTION by Mr. Weidemiller, seconded by Ms. Foster, with all in favor, the Board approved Resolution 2021-04, Updating Registered Agent.

Consideration of Draft Merger Agreement

Mr. Johnson reviewed the Draft Merger Agreement between Fieldstone CDD and North River Ranch Improvement Stewardship District with the Board.

The Agreement is the same in format that has already been approved by the North River Ranch Community Development District. The plan of the Landowner and the Legislature is seeking the establishment of the Legislation was to consolidate the governance of these properties within one entity and avoiding the use of multiple community Development Districts inclusive within an entity which has both powers and authority which are greater than those typically granted under Chapter 190. He suggested the Board approve the Merger Agreement in substantial form subject to any comments or changes that may be requested by District Counsel or the Landowner within the Districts.

The plan is to set a public hearing and allow landowners and other affected parties to comment hopefully resulting in a request by all three parties for this merger which would go to Manatee County for approval.

On MOTION by Mr. Weidemiller, seconded by Mr. Blakley, with all in favor, the Board approved the Draft Merger Agreement in substantial form subject to any comments or changes by District Counsel or the Landowner within the Districts

Consideration of Resolution 2021- 05, Setting a Public Hearing on Merger and Other Matters

Mr. Johnson stated this Resolution will initiate the process of the merger and set a public hearing which needs to occur at least 45 days from today’s date. The North River Ranch CDD set their Public Hearing for March 10, 2021 and he suggested Fieldstone CDD do the same.

On MOTION by Mr. Blakley, seconded by Mr. Weidemiller with all in favor, the Board approved Resolution 2021-05, Setting a Public Hearing on Merger and Other Matters for March 10, 2021 at 1:30 PM at this location.

Ratification of the Ardurra Contract for Professional Environmental	Consulting Services

The Board reviewed the Ratification of Ardurra Contract for Professional Environmental Consulting Services

On MOTION by Mr. Blakley, seconded by Ms. Foster, with all in favor, the Board ratified the Ardurra Contract for Professional Environmental Consulting Services.

Ratification of the Waterscapes Pool & Spas Proposal

The Board reviewed the Waterscapes Pool & Spas Proposal.

On MOTION by Mr. Blakley, seconded by Ms. Foster, with all in favor, the Board ratified the Waterscapes Pool & Spas Proposal.

Consideration of Windward Building Group, Inc North River Ranch Riverfield Westside Entry Hardscape

Mr. Roscoe reviewed the Windward Building Group, Inc North River Ranch Riverfield Westside Entry Hardscape.

On MOTION by Mr. Weidemiller, seconded by Ms. Foster, with all in favor, the Board ratified the Windward Building Group, Inc North River Ranch Riverfield Westside Entry Hardscape.

Consideration of Windward Building Group, Inc North River Ranch Riverfield Southside Entry Hardscape

Mr. Roscoe reviewed the Windward Building Group, Inc North River Ranch Riverfield Southside Entry Hardscape

On MOTION by Mr. Weidemiller, seconded by Ms. Foster, with all in favor, the Board ratified the Windward Building Group, Inc North River Ranch Riverfield Southside Entry Hardscape.

Ratification of Change Order No. 1

Mr. Engle explained that this Change Order relates to the District’s contract with Jon & Hall Company for the construction of North River Ranch Phases 1C & 1D in the deduct amount of $1,035,560.86 for material and taxes.

On MOTION by Mr. Blakely, seconded by Ms. Weidemiller, with all in favor, the Board approved Change Order No 1 to the Jon & Hall Contract in the deduct amount of
$1,035,560.86.

Ratification of Funding Requests 2021-05– 2021-10

The Board reviewed Funding Requests 2021-05– 2021-10.

On MOTION by Mr. Weidemiller, seconded by Ms. Foster with all in favor, the Board ratified Funding Requests 2021-05 – 2021-10.

Ratification	of	Payment Authorizations #06-10

The Board reviewed the Payment Authorizations #06-10.

On MOTION by Mr. Blakley, seconded by Ms. Heim, with all in favor, the Board ratified Payment Authorizations #06-10.

Ratification of Requisition 2019- 192 – 2019-194

The Board reviewed the requisition 2019-192 – 2019-194.

On MOTION by Mr. Weidemiller, seconded by Ms. Heim, with all in favor, the Board ratified Requisition 2019-192 – 2019-194.

Review	of	District	Financial Statements

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

On MOTION by Mr. Weidemiller, seconded by Ms. Foster, with all in favor, the Board accepted the District Financial Statements through December 31, 2020.

Ratification	of	the	Sunrise Landscape Contract

The Board reviewed the Sunrise Landscape Contract.

On MOTION by Mr. Weidemiller, seconded by Ms. Blakley, with all in favor, the Board ratified the Sunrise Landscape Contract.

THIRD ORDER OF BUSINESS	Staff Reports

District Counsel –	No Report

District Engineer – Mr. Engle presented Change Order No. 8 to the Woodruff & Sons for the construction of Morgan’s Glenn Phases 1 & 2 in the increased amount of $36,018.67 to create an out of phase entrance on Moccasin Wallow Rd. That will serve as the construction entrance for home building.

On MOTION by Mr. Blakley, seconded by Mr. Weidemiller, with all in favor, the Board ratified Change Order No. 8 to the Woodruff & Sons for the construction of Morgan’s Glenn Phases 1 & 2 in the increased amount of $36,018.67.

Mr. Roscoe presented the PRECO Lighting Agreement Phase 1 A, B & C and Phase 2 A & B. Mr. Weidemiller asked if the cost has been anticipated with the budget and Mr. Roscoe replied yes.

On MOTION by Mr. Weidemiller, seconded by Ms. Heim, with all in favor, the Board approved the PRECO lighting Agreement Phase 1 A, B & C and Phase 2 A & B.

District Manager –
Ms. Carvalho noted the next meeting is scheduled for February 10, 2021. The District is getting a lot more residents moving into the community and more interaction around the Amenities. She was requested by Pulte who is constructing the community to look into the situation regarding non-resident use of the Amenity Facilities. This particular Board is in the process of looking into hiring a company on site to manage and facilitate the Amenity Center use. She discussed the option of a non-resident user fee but there must be someone on site to monitor and verify individuals. She asked Mr. Panaseny about where he is with hiring an on-site management company. He replied it is in process and he is negotiating a contract to be presented to the Board. Mr. Vogler will be looking at the form of the Contract and Neal Communities is working on the scope of services. He hopes to bring it to the Board for consideration next month. Mr. Roscoe is looking into one of the doors locks to ensure it is working properly.

Ms. Carvalho will contact the representative of Pulte and let them know the means of how the District is addressing the request.

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 Mr. Blakley, seconded by Ms. Foster, with all in favor, the January 13, 2021 Meeting of the Board of Supervisor’s for the Fieldstone Community Development District was adjourned at 2:15 p.m.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Revised Jan-Pro Manasota Cleaning Agreement for Brightwood Pavilion

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	, 2021, by and between the Fieldstone Community Development District, a local unit of special-purpose government established

pursuant to Chapter 190, Florida Statutes, (hereinafter, "District"); and Agreement for Brightwood Pavillion (hereinafter, the "Contractor").

WITNESSETH

 	Jan-Pro Manasota Cleaning

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 clarify the Agreement, 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 the mutual covenants set forth herein, and other good and 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, as applicable, each in form and 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 are 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 Contractor an amount 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 its discretion, may require Contractor to furnish a surety bond satisfactory to District guaranteeing such protection, which bond shall be furnished by Contractor within five (5) days after written demand has been made therefore.

The Contractor shall prepare and maintain complete records and comprehensive books relating 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 amount 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 and any other material prepared 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 laws 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 negotiations, representations and 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 invalid 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 and the remaining provisions of the Agreement, Addendum and Terms and Conditions to CDD Addendum shall remain in full 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, and notwithstanding anything to the contrary herein, in the event of any conflict between the terms of this Addendum [which specifically includes by incorporation the Terms and Conditions to 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 Chairperson of 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; and 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 shall at all times have access to review all plans, specifications, permits, approvals and all other matters of and associated 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 may be necessary to determine the Cost of the Work. District shall have access to the Work at all reasonable times and 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 than five (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 related 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 the contrary 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, supplemented and modified by the Addendum and this Terms and Conditions to CDD Addendum).

As a condition precedent to each payment under the Agreement, Contractor shall furnish to District a partial wavier and release of lien, in a form satisfactory to the District, from all subcontractors, materialmen and 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 shall so lie or attach, and the Contractor shall indemnify and hold District harmless from and against such liens, claims, rights and any and 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 and the land and 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” drawings and 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 and maintain, at 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 original 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' compensation and 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 furnish 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 provisions 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 against 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 Agreement are 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 any other breach or default by such party hereunder. Unless the Agreement specifies a time period for notice of a particular claim, 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 party 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 for an 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 and 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 and all other activities in connection with the Work in accordance with all applicable laws, rules and regulations of all governmental authorities 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 Agreement in the event of the happening of any of the following or any other comparable event: (a) insolvency of the Contractor, (b) filing of a voluntary petition in bankruptcy against 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 complete the Work without delay, (i) failure of Contractor to perform any of its obligations under this Agreement, 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 immediately 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 performed (accepted and 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 anything 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 party'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 for 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 Tax"). 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 its entirety as defined in the Agreement dated		shall be free and clear from defects 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 and expense, 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 law and equity, and shall in no way restrict, limit or impair those additional rights of the District.

CONTRACTOR (OR SUBCONTRACTOR):

(Name)

By:   	

Title:	 	

Date:	, 2021 	

ClEANING AGREEMENT

This Agreement ismade between JAN-PRO OF MANASOTA f'JAN-PRO ") AND Fieldstone COD ("CLIENT'').CLIENT and JAN-PRO agree that JAN-PRO will begin service at the location(s) identified above and under the below terms.

JAN-PROagrees to perfonn the recurring janitorial services and at the frequencies stated inpricing agreement
JAN-PRO will provide all chemicals, equipment, labor, and supervision. CLIENT will provide all restroom paper products, hand soap and can liners.
JAN-PRO will fulfill its obligations under this Agreement through its franchised system. JAN-PRO will identify the franchisee selected to service CLIENT before the start date of service. Each franchisee has been successfully trained on the JAN-PRO methods and procedures and is bound by the terms of thisAgreement CLIENT has the right to request a change in franchisee at any time.
JAN-PRO sends invoices at the beginningof each month for the recurring janitorial services, with payment terms at net 30 days. All additional services are invoiced as incurred, with payment terms at net 30 days.
This Agreement will startwith a 90 day probation period and then a term of one year from the later date of signing or the start of services. This Agreement automatically renews every year with the same terms. unless either party gives written notice of non-renewal at least 30 days before the expiration date. 8
CLIENT agrees to verbally notify JAN-PRO of any service issues before CLIENT provides any written notification.
This Agreement may be terminated for non-performance only and the terminating party must give the other party written notice specifying in detail the nature of any non-preformance. The non-terminating party will then have 5 working days to cure to the reasonable satisfaction of the terminating party. If the non-performance is not cured within the 5 working days the terminating party will notify the non-terminating party in writing of the failure to cure, and this Agreement will terminate 30 days after the date of thenotice. All written notices must be timelyand by overnight courier. This contract will be evaluated yearly for a 3% price increase to keep up with rising cost of suppiel s,labor and insurance.  No price increase will occur without prior discussion with client.
CLIENT agrees that during the term of this Agreement and for 180 days after the expiration or terminationof this Agreement. CLIENT will not employ directly or indirectly any JAN-PRO employees. agent representatives, franchisees, or former franchisees.
In addition to any other rights, JAN-PRO may have, if CLIENT breaches this Agreement, JAN-PRO is entitled to all costs of JAN-PRO's costs of collection, including reasonable attorney fees, paralegal fees, and collection agency fees, in addition to JAN-PRO 's lost revenues for the remainder of the term.
JAN.PRO annually observes the following federally recognized holidays: New Years' Day, Memorial Day, Fourth of July. Labor Day, Thanksgiving, and Christmas. JAN-PRO will not provide services on these days. Other conditions may apply that preempt a cleaning. No credit will be given for holiday as this is already factored into pricing.
JAN-PRO and JAN-PRO's franchisee will each maintain commercial general liability insurance of at least $1,000,000per occurrenc.e$2,000,000 in the aggregate automobile liability. coverage of at least $1,000,000 and janitorial bonding of at least $50,000.

By signing below, CLIENT and JAN-PRO agree to the terms of this Janitorial Services Agreement

r
CLIENT 'r ( '=U > Si Ol'--t	(',i)_i)	JAN-PRO

BY:

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NAME:	11--eK	w	i  lLwfvv-. 5	NAME:	i (\UUC U1.(\.f\
DATE:	I I J_< /}() (	DATE:	\\1- \-w'll

PRICING AGREEMENT

CUENT:

ClEANll\!G LOCATION:

Fieldstone COD {12051 Corporate Blvd, Or!ando Fl 32817)
Brightwood Pavilion 11510 Little River Way Parrish, FL 34219

DESCRIPTION OF CLEANABLE AREA:	Clubhouse, Pool Nea, Fire Pit, Playground, Game Room, Fit Pod Area
START DATE:	TBD

2x's Per Week	$895

Option 2	$$$

Option 3	$$$
TOTAL REGULAR SERVICES	$895

Special Service 1	NA

Special Service 1	N.f.\

Special Service 1	NA
TOTAL SPECIAL SERVICES	NA

TOTAL COMBINED SERVICES	$895

NOTES:
Pricing is valid for 30 days from the proposal date unless specifically extended by JAN-PRO at its sole discretion.
Holidays (days not serviced): New Year's, Labor Day, Memorial Day, Thanksgiving Day, Independence Day & Christmas Day

By executing this Agreement, the parties agree to be bound by these terms and the conditions set forth

cuENT	fi eb-D srov-f	c.:ti,J
SIGNATURE:
PRINT:	f--e).-e_	W I    LC,AJ .M-5 DATE:		/ / ;.z/ MJ--1

JAN-PRO

SIGNATURE:
PRINT:	i'.K luV\A­
DATE:	lll_t;, h,01J

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of E-Verification Application for the District

Company ID Number: 1631483

THE E-VERIFY MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS

ARTICLE I PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the Fieldstone Community Development District (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify.

E-Verify is a program that electronically confirms an employee’s eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form I-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, “Employment Eligibility Verification” and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts.

ARTICLE II RESPONSIBILITIES
RESPONSIBILITIES OF THE EMPLOYER
The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system:

Notice of E-Verify Participation
Notice of Right to Work
The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives’ contact information changes.

The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee’s E-Verify access if the employer is separated from the company or no longer needs access to E-Verify.

Company ID Number: 1631483

The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual.

The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases.

The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify.
The Employer agrees to comply with current Form I-9 procedures, with two exceptions:

If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
If an employee presents a DHS Form I-551 (Permanent Resident Card), Form I-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee’s Form I-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form I-9.
The Employer agrees to record the case verification number on the employee's Form I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-9.

The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form I-9 procedures.

The following modified requirements are the only exceptions to an Employer’s obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly

Company ID Number: 1631483

employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify.
DHS reserves the right to conduct Form I-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify.
The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form I-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form I-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability.

The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize.

The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.

The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge.

The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(l)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee’s perceived employment eligibility status

Company ID Number: 1631483

(including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee’s employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline).

The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound “foreign” or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).

The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes.

The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify@dhs.gov. Please use “Privacy Incident – Password” in the subject line of your email when sending a breach report to E-Verify.

The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties.

The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon

Company ID Number: 1631483

reasonable notice, to review Forms I-9 and other employment records and to interview it and its employees regarding the Employer’s use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify.

The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally-approved, federally-certified, or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.

The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS.

The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer’s services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.

The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU.

RESPONSIBILITIES OF FEDERAL CONTRACTORS
If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors.

In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any “employee assigned to the contract” (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify.

An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.

Company ID Number: 1631483

Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later.
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee’s assignment to the contract, whichever date is later.
Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election.
The Employer may use a previously completed Form I-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as:
That Form I-9 is complete (including the SSN) and complies with Article II.A.6,
The employee’s work authorization has not expired, and
The Employer has reviewed the Form I-9 information either in person or in communications with the employee to ensure that the employee’s Section 1, Form I-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen).
The Employer shall complete a new Form I-9 consistent with Article II.A.6 or update the previous Form I-9 to provide the necessary information if:
The Employer cannot determine that Form I-9 complies with Article II.A.6,
The employee’s basis for work authorization as attested in Section 1 has expired or changed, or
The Form I-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form I-9 is otherwise valid and up-to-date and the form otherwise complies with

Company ID Number: 1631483

Article II.C.5, but reflects documentation (such as a U.S. passport or Form I-551) that expired after completing Form I-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual.
The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article.
The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer’s compliance with Federal contracting requirements.

RESPONSIBILITIES OF SSA
SSA agrees to allow DHS to compare data provided by the Employer against SSA’s database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA’s database.

SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).

SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer.

SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer.

Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218.
RESPONSIBILITIES OF DHS
DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU:

Automated verification checks on alien employees by electronic means, and

Company ID Number: 1631483

Photo verification checks (when available) on employees.
DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process.

DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify.

DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.

DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.

DHS agrees to issue each of the Employer’s E-Verify users a unique user identification number and password that permits them to log in to E-Verify.

DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements.

DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry.

DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions.

ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS

REFERRAL TO SSA
If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify

Company ID Number: 1631483

case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.

The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.

After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so.

The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.

While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA.

REFERRAL TO DHS
If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee’s E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending.

The Employer agrees to obtain the employee’s response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation.

The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation.

If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the

Company ID Number: 1631483

employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days.

If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally.

The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee’s Form I-551, Form I-766, U.S. Passport, or passport card to DHS for review by:

Scanning and uploading the document, or
Sending a photocopy of the document by express mail (furnished and paid for by the employer).
The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee’s documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch.

DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary.

While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates.

ARTICLE IV SERVICE PROVISIONS
A. NO SERVICE FEES
SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access.

ARTICLE V MODIFICATION AND TERMINATION
MODIFICATION
This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties.

Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes.

Company ID Number: 1631483

TERMINATION
The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties.

Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer’s participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer’s business.

An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees.

The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify.

ARTICLE VI PARTIES
Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void.
Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,

Company ID Number: 1631483

Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA).
The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension.
The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218.

Company ID Number: 1631483

Approved by:

Employer
Fieldstone Community Development District	
Name (Please Type or Print)
Vivian Carvalho	Title	
Signature

Electronically Signed	Date

01/20/2021	
Department of Homeland Security – Verification Division	
Name (Please Type or Print)
USCIS Verification Division	Title	
Signature
Electronically Signed	Date
01/20/2021	

Company ID Number: 1631483

Information Required for the E-Verify Program

Information relating to your Company:	

Company Name	Fieldstone Community Development District	

Company Facility Address	12051 CORPORATE BLVD
ORLANDO, FL 32817	

Company Alternate Address		
County or Parish	
ORANGE	
Employer Identification Number	
320464955	
North American Industry Classification Systems Code	
925	

Parent Company		
Number of Employees	1 to 4	
Number of Sites Verified for	1	

Company ID Number: 1631483

Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State:

FLORIDA	1 site(s)

Company ID Number: 1631483

Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:
Name	Vivian Carvalho Phone Number	(407) 723 - 5900
Fax Number	(407) 723 - 5901 Email Address	carvalhov@pfm.com

Company ID Number: 1631483

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FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Consideration of Resolution 2021-06, Adopting an Internal Controls Policy Consistent with
Section 218.33

RESOLUTION 2021-06

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT ADOPTING AN INTERNAL CONTROLS POLICY CONSISTENT WITH SECTION 218.33, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.

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

WHEREAS, consistent with Section 218.33, Florida Statutes, the District is statutorily required to establish and maintain internal controls designed to prevent and detect fraud, waste, and abuse as defined in Section 11.45(1), Florida Statutes; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets; and

WHEREAS, to demonstrate compliance with Section 218.33, Florida Statutes, the District desires to adopt by resolution the Internal Controls Policy attached hereto as Exhibit A.

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

SECTION 1. The attached Internal Controls Policy attached hereto as Exhibit A is hereby adopted pursuant to this Resolution.

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

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

PASSED AND ADOPTED THIS 10TH DAY OF FEBRUARY, 2021.

ATTEST:	FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

EXHIBIT “A”

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT INTERNAL CONTROLS POLICY

Purpose.

The purpose of this internal controls policy is to establish and maintain internal controls for the Fieldstone Community Development District.

Consistent with Section 218.33(3), Florida Statutes, the internal controls adopted herein are designed to:

Prevent and detect Fraud, Waste, and Abuse (as hereinafter defined).

Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices.

Support economical and efficient operations.

Ensure reliability of financial records and reports.

Safeguard Assets (as hereinafter defined).

Definitions.

“Abuse” means behavior that is deficient or improper when compared with behavior that a prudent person would consider a reasonable and necessary operational practice given the facts and circumstances. The term includes the misuse of authority or position for personal gain.

“Assets” means District assets such as cash or other financial resources, supplies, inventories, equipment and other fixed assets, real property, intellectual property, or data.

“Auditor” means the independent auditor (and its employees) retained by the District to perform the annual audit required by state law.

“Board” means the Board of Supervisors for the District.

“District Management” means (i) the independent contractor (and its employees) retained by the District to provide professional district management services to the District and (ii) any other independent contractor (and its employees) separately retained by the District to provide amenity management services, provided said services include a responsibility to safeguard and protect Assets.

“Fraud” means obtaining something of value through willful misrepresentation, including, but not limited to, intentional misstatements or intentional omissions of amounts or disclosures in financial statements to deceive users of financial statements,

theft of an entity’s assets, bribery, or the use of one’s position for personal enrichment through the deliberate misuse or misapplication of an organization’s resources.

“Internal Controls” means systems and procedures designed to prevent and detect fraud, waste, and abuse; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets.

“Risk” means anything that could negatively impact the District’s ability to meet its goals and objectives. The term includes strategic, financial, regulatory, reputational, and operational risks.

“Waste” means the act of using or expending resources unreasonably, carelessly, extravagantly, or for no useful purpose.

Control Environment.

Ethical and Honest Behavior.

District Management is responsible for maintaining a work environment that promotes ethical and honest behavior on the part of all employees, contractors, vendors and others.

Managers at all levels must behave ethically and communicate to employees and others that they are expected to behave ethically.

Managers must demonstrate through words and actions that unethical behavior will not be tolerated.

Risk Assessment.

Risk Assessment. District Management is responsible for assessing Risk to the District. District Management’s Risk assessments shall include, but not be limited to:

Identifying potential hazards.

Evaluating the likelihood and extent of harm.

Identifying cost-justified precautions and implementing those precautions.

Control Activities.

Minimum Internal Controls. The District hereby establishes the following minimum Internal Controls to prevent and detect Fraud, Waste, and Abuse:

Preventive controls designed to forestall errors or irregularities and thereby avoid the cost of corrections. Preventive control activities shall include, but not be limited to, the following:

Identifying and segregating incompatible duties and/or implementing mitigating controls.

Performing accounting functions in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards.

Requiring proper authorizations to access and/or modify accounting software.

Implementing computerized accounting techniques (e.g. to help identify coding errors, avoid duplicate invoices, etc.).

Maintaining a schedule of the District’s material fixed Assets.

Maintaining physical control over the District’s material and vulnerable Assets (e.g. lock and key, computer passwords, network firewalls, etc.).

Retaining and restricting access to sensitive documents.

Performing regular electronic data backups.

Detective controls designed to measure the effectiveness of preventive controls and to detect errors or irregularities when they occur. Detective control activities shall include, but not be limited to, the following:

Preparing financial reports in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards.

Reviewing financial statements and investigating any material variances between budgeted expenses and actual expenses.

Establishing and implementing periodic reconciliations of bank, trust, and petty cash accounts.

Establishing an internal protocol for reporting and investigating known or suspected acts of Fraud, Waste, or Abuse.

Engaging in periodic physical inventory counts and comparisons with inventory records.

Monitoring all ACH (electronic) transactions and the sequencing of checks.

Implementation. District Management shall implement the minimum Internal Controls described herein. District Management may also implement additional Internal Controls that it deems advisable or appropriate for the District. The specific ways District Management implements these minimum Internal Controls shall be consistent with Generally Accepted Accounting Principles (GAAP) and otherwise conform to Governmental Accounting Standards Board (GASB) and American Institute of Certified Public Accountants (AICPA) standards and norms.

Information and Communication.

Information and Communication. District Management shall communicate to its employees (needing to know) information relevant to the Internal Controls, including but not limited to any changes to the Internal Controls and/or changes to laws, rules, contracts, grant agreements, and best practices.

Training. District Management shall regularly train its employees (needing the training) in connection with the Internal Controls described herein and promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices.

Monitoring Activities.

Internal Reviews. District Management shall internally review the District’s Internal Controls at least once per year. In connection with this internal review, District Management shall:

Review its operational processes.

Consider the potential risk of Fraud, Waste, or Abuse inherent in each process.

Identify the controls included in the process, or controls that could be included, that would result in a reduction in the inherent risk.

Assess whether there are Internal Controls that need to be improved or added to the process under consideration.

Implement new controls or improve existing controls that are determined to be the most efficient and effective for decreasing the risk of Fraud, Waste or Abuse.

Train its employees on implemented new controls or improvements to existing controls.

External Audits and Other Reviews. Audits and other reviews may be performed on various components of the District’s Internal Controls by the Auditor consistent with Government Auditing Standards (GAS). Audits may identify material deficiencies in the Internal Controls and make recommendations to improve them. District Management

shall communicate and cooperate with the Board and the Auditor regarding the potential implementation of Auditor recommendations.

Specific Authority: §§ 190.011(5), 218.33(3), Florida Statutes
Effective date:	, 2021

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of Change Order No. 2, North River Ranch Phases 1C & 1D West

Change Order
No.	2_

Date of Issuance:      	February 5, 2021		Effective Date:	  February 10, 2021		
Project: North River Ranch Phase 1C & 1D West	Owner: Fieldstone Community Development District	Owner's Contract No.:	
Contract: $7,291,514.51			Date of Contract: 01/04/2021	
Contractor: Jon M Hall Company, LLC		Engineer's Project No.: 215613809	
			
The Contract Documents are modified as follows upon execution of this Change Order:	
Description:				
Phase 1C and 1D Earthwork Deduction; 1D West Roadway: Deduction of 8’ Boardwalk.	
Time extension: 26 days for delay in burning to date and delay in precast sanitary structure delivery.	
Attachments: (List documents supporting change):	
John M Hall Company proposals dated 12/9/2020 and 1/20/2021, Time Ext request dated 2/3/2021.	
Email approval from District Engineer approving 26 days time extension dated 2/5/2021.	

 	CHANGE IN CONTRACT PRICE:		 	CHANGE IN CONTRACT TIMES:		
Original Contract Price:	Original Contract Times:	 Working days	 Calendar days	
Substantial completion (days or date):	150 Days (6/3/2021)		
$ 7,291,514.51		Ready for final payment (days or date):	180 Days (7/3/2021)		
[Increase] [Decrease] from previously approved Change Orders No.	1	to No.	1	:	[Increase] [Decrease] from previously approved Change Orders No.	1	to No.	1	:	
Substantial completion (days):  		
$(1,035,560.86)	Ready for final payment (days):  		

Contract Price prior to this Change Order:	
Contract Times prior to this Change Order:		
Substantial completion (days or date):	150 Days (6/3/2021)		
$ 6,255,953.65		Ready for final payment (days or date):	180 Days (7/3/2021)		

[Increase] [Decrease] of this Change Order:	
[Increase] [Decrease] of this Change Order:		
Substantial completion (days or date):	26 Days (6/29/2021)		
$ (445,406.89)	Ready for final payment (days or date):     26 Days (7/29/2021)		

Contract Price incorporating this Change Order:	
Contract Times with all approved Change Orders:	
Substantial completion (days or date):	176 Days (6/29/2021)	
$ 5,810,546.76		Ready for final payment (days or date):	206 Days (7/29/2021)		

RECOMMENDED:	ACCEPTED:	ACCEPTED:	
By:  		By:  		By:  		
Engineer (Authorized Signature)	Owner (Authorized Signature)	Contractor (Authorized Signature)	
Date:  		Date:  		Date:  		

Approved by Funding Agency (if applicable):    			
Date:	
V:\2156\active\215613809\civil\construction_phase_documents\phase_1c_1d_west\change_orders\received\con_fieldstone_nrr-1c-1d-west_co-2_-445406-89_deduct-8-ft-boardwalk-earthwork_time-ext_jon-m-hall-co_rae_20210205.docx

EJCDC No. C-941 (2002 Edition)	Page 1 of 1
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

From:	Engel, Rob
To:	Abbey Boyle; Vega, Joyce; AJ Gross; Mark Roscoe; Saxon, Sean
Cc:	Noy Rivers; Tom Panaseny (TPanaseny@nealland.com); Kris Watts; Andrew Goulish, PE, CGC; Johnson, Alexandra
Subject:	RE: North River Ranch 1C & 1D-West - Purchase Orders #2 and #5
Date:	Friday, February 5, 2021 9:26:46 AM
Attachments:	image001.png image002.png image003.png

Based upon the facts that the shop drawings were approved on 1/6 and the purchase orders were signed on 2/1 I will approve a 26 day time extension. Any other delay would run parallel with that delay and not be added to it.

Rob

From: Abbey Boyle <aboyle@jonmhallcompany.com>
Sent: Wednesday, February 3, 2021 3:52 PM
To: Vega, Joyce <Joyce.Vega@stantec.com>; AJ Gross <agross@jonmhallcompany.com>; Engel, Rob
<Rob.Engel@stantec.com>; Mark Roscoe <mroscoe@nealland.com>; Saxon, Sean
<Sean.Saxon@stantec.com>
Cc: Noy Rivers <nrivers@jonmhallcompany.com>; Tom Panaseny (TPanaseny@nealland.com)
<TPanaseny@nealland.com>; Kris Watts <kwatts@nealcommunities.com>; Andrew Goulish, PE, CGC
<agoulish@jonmhallcompany.com>; Johnson, Alexandra <Alexandra.Johnson@stantec.com>
Subject: RE: North River Ranch 1C & 1D-West - Purchase Orders #2 and #5 Joyce
Please see attached change order request and additional information for burn credit.

Abbey Boyle
Pre-Construction Coordinator
Office. 813-499-0016 (Ext. 402)
Fax. 813-524-5520
8409 Laurel Fair Circle, Suite 100
Tampa, FL 33610 www.jonmhallcompany.com aboyle@jonmhallcompany.com

NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Jon M Hall Company may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system.

From: Vega, Joyce <Joyce.Vega@stantec.com>

To: Address:	Fieldstone Community Development District Sarasota	Contact:

Phone: Fax:	Robert A Engineer	Engel, PE, District	
Project Name:
Project Location:	North River Ranch Ph 1C 1D West - RCO 001 - Clearing Deduct
Moccasin Wallow Rd, Parrish, FL	Bid Number:
Bid Date:	20-752	

Item Description	Estimated Quantity	Unit	Unit Price	Total Price	
Phase 1C Earthwork 03 EARTHWORK
DELETE Clear, Grub, And Disk Site (Chip & Haul Off)	

-23.00	

ACRE	

$7,280.25	

($167,445.75)	
Clear And Grub (Burning) - Phase 1D West	23.00	ACRE	$5,897.32	$135,638.36	
	Total Price for above 03 EARTHWORK Items:	($31,807.39)	
	
Total Price for above Phase 1C Earthwork Items:	
($31,807.39)	

Phase 1D West Earthwork 03 EARTHWORK
DELETE Clear, Grub, And Disk Site (Chip & Haul Off)	

-36.00 ACRE	$7,280.25	

($262,089.00)	
Clear And Grub (Burning) - Phase 1C	36.00 ACRE	$5,897.32	$212,303.52	
	Total Price for above 03 EARTHWORK Items:	($49,785.48)	
	
Total Price for above Phase 1D West Earthwork Items:	
($49,785.48)	

Total Bid Price:	

($81,592.87)	
Payment Terms:
Credit given for clearing and grubbing burning vs. clear, mulch and haul off. Credit is dependent on ability to burn.

Authorized Signature:
Estimator: James Justice
407-215-0410 jjustice@jonmhallcompany.com

CONFIRMED:
Jon M. Hall Company

ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer: Signature:
Date of Acceptance:

12/9/2020 8:46:15 AM	Page 1 of 1

To: Address:	Fieldstone Community Development District Sarasota	Contact:

Phone: Fax:	Robert A Engineer	Engel, PE, District	
Project Name:
Project Location:	North River Ranch Ph 1C 1D West - RCO 002 Boardwalk Deduct
Moccasin Wallow Rd, Parrish, FL	Bid Number:
Bid Date:	20-752	

Item Description	Estimated Quantity Unit	Unit Price	Total Price

Phase 1D West Roadway 05 PAVING
Deduct For 8' Boardwalk (Removed At The Direction Of The Owner)

1,206.00 LF	($301.67)	($363,814.02)

Total Price for above 05 PAVING Items:	($363,814.02)	

Total Price for above Phase 1D West Roadway Items:	
($363,814.02)	

Total Bid Price:	

($363,814.02)	
Payment Terms:

Authorized Signature:
Estimator: James Justice
407-215-0410 jjustice@jonmhallcompany.com

CONFIRMED:
Jon M. Hall Company

ACCEPTED:
The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer: Signature:
Date of Acceptance:

1/20/2021 3:15:43 PM	Page 1 of 1

JON M HALL
COMPANY
Florida's Premier Site Developer

February 3, 2021

North River Ranch Ph IC & ID West Change Order Request

Jon M Hall Company is requesting the following changes for North River Ranch Ph IC & ID West project.

Deduction in the contract for the amount of $81,592.87 to clear and bum in lieu of clear and haul off.
Addition of 10 contract days for the delay in burning to date. The Forestry Department would not allow burning due to the moisture content of the material and instructed the bum crew to wait 10 days until the material dried out.
Addition of 42 contract days for the delay in precast sanitary structure delivery. The ODP requests were initially submitted on 12/18/2020 and the POs were not received from Fieldstone until 2/1/2021. The precast structures could not go into production until the POs had been executed by Fieldstone CDD. JMH was scheduled to begin sanitary installation on 1/19/2021. Due to the delay in receiving the POs, installation is now scheduled to begin 3/1/2021.

Andrew Goulis 1
West Coast Division Manager Jon M Hall Company

8409 Laurel Fair Circle, Suite 100, Tampa, FL 33610
Phone: 813-499-0016 * Fax : 813-524-5520

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of Change Order No. 9, Morgan’s Glen Phases 1&2

Change Order
No.	9	

Date of Issuance:      January 28, 2021	Effective Date: February 10, 2021	

Project: Morgan’s Glen Phases 1 & 2 (Site Civil) & Phase 3 (Earthwork)	Owner: Fieldstone Community Development District	Owner's Contract No.:	
Contract: $7,407,885.73	Date of Contract: October 14, 2019	
Contractor: Woodruff & Sons, Inc.	Engineer's Project No.: 215614811	
2730
The Contract Documents are modified as follows upon execution of this Change Order:

Description:

Extras and Credits: 3A Asphalt Section & Mix Redesign; 3A Pond 20 Outfall Revision; Re-staking Sanitary Clean Outs Curb, Water Services; Grade & Compact Sidewalk and Install & Remove Forms for Walk.

Attachments: (List documents supporting change):
Woodruff & Sons Proposals, Worksheet for Extras dated 01/26/2021.

		
 	CHANGE IN CONTRACT PRICE:		 	CHANGE IN CONTRACT TIMES:		
Original Contract Price:	Original Contract Times:	 Working days	 Calendar days	
Substantial completion (days or date): 1A: 150 days		
$ 7,407,885.73		Ready for final payment (days or date): 1A: 180 days		
[Increase] [Decrease] from previously approved Change Orders No.	1	to No.   8	:	[Increase] [Decrease] from previously approved Change Orders No.	1	to No.	8	:	
Substantial completion (days):  		
$      42,195.56		Ready for final payment (days):  		

Contract Price prior to this Change Order:	
Contract Times prior to this Change Order:		
Substantial completion (days or date): 1A: 150 days		
$ 7,450,081.29		Ready for final payment (days or date): 1A: 180 days		

[Increase] [Decrease] of this Change Order:	
[Increase] [Decrease] of this Change Order:		
Substantial completion (days or date):	1A: 90 days		
$      44,105.13		Ready for final payment (days or date):	1A: 90 days		

Contract Price incorporating this Change Order:	
Contract Times with all approved Change Orders:	
Substantial completion (days or date): 1A: 240 days (11/21/2020)		
$ 7,494,186.42		Ready for final payment (days or date): 1A: 270 days (12/21/2020)		

RECOMMENDED:	ACCEPTED:	ACCEPTED:	
By:  		By:  		By:  		
Engineer (Authorized Signature)	Owner (Authorized Signature)	Contractor (Authorized Signature)	
Date:  		Date:  		Date:  		

Approved by Funding Agency (if applicable):    	
V:\2156\active\215614811\civil\construction_phase_documents\change_or	

ders\phases_1_2_3\con_morgans-glen-1-2-3_co-9_44105-13_jan-extras_3a-asphal	
Date:
t-mix_pond-20-outfall_restake_walks_woodruff_ejcdc_c941_rae_20	

210128.docx

EJCDC No. C-941 (2002 Edition)	Page 1 of 1
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute.

WOODRUFF & SONS, INC - WORKSHEET for EXTRAS
P.O. Box 10127, Bradenton, Florida 34282-0127 ~ T# 941.756.1871 ~ F# 941.755.1379 ~ www.woodruffandsons.com

NAME   OF   JOB: Morgan's Glen Phases 1 & 2 (Site Civil) and Phase 3 (Earthwork)	JOB/WORK ORDER NO:			2730 JOB     LOCATION: Fort Hamer Road off Moccasin Wallow Road - Parrish, FL	DATE:	Jan 26, 2021 NATURE OF JOB: Extra Work Performed Outside The Scope Of The Original Contract	REFERENCE NO:	 	PCO-09
 	   W&S INVOICE NO:	 	

BILL TO:     A/R C#     Fieldstone CDD		ORDERED BY:	Mark Roscoe COMPANY:   Fieldstone Community Development District		TAX LOCATION:	 	Manatee ADDRESS:		TAX PERCENTAGE:	 		7.00%	
			11,408.00	sy	F&P 1.25" Type SP 9.5 Asphalt-Ph 2A/3A	$8.48	$96,739.84	
			76.00	lf	F&I 34"x53" ERCP Pond 20 Outfall Mod.	$230.51	$17,518.76	
			1.00	ea	F&I 34"x53" ERCP Endwall Pipe Support	$4,061.20	$4,061.20	
			1.00	ls	F&I Modified Double Grate Control Str	$13,113.71	$13,113.71	
			1.00	ls	Re-stake Sanitary Clean Outs Hit By Bldg Trd	$1,080.00	$1,080.00	
			1.00	ls	Re-stake Curb Run Over By Bldg Trades	$540.00	$540.00	
			1.00	ls	Re-Stake Water Services Run Over By Deliv	$810.00	$810.00	
			109.00	sy	Grade & Compact For Walk Before Deletion	$1.90	$207.10	
			1.00	ls	Install / Remove Forms For Deleted Walk	$506.00	$506.00	
			-6,908.00	sy	Phase 2A 1" Type S-3 Asphalt Credit	$5.99	($41,378.92)	
			-4,500.00	sy	Phase 3A 1" Type S-3 Ashpalt Credit	$6.07	($27,315.00)	
			-77.00	lf	Delete 42" RCP Pond 20 Outfall	$139.83	($10,766.91)	
			-1.00	ea	Delete 42" Endwall Pipe Support	$2,693.67	($2,693.67)	
			-1.00	ea	Delete Double Grate Control Structure	$8,316.98	($8,316.98)	
								
SUBTOTAL	$44,105.13	
TAX %		
		TOTAL		

DATE	WORKMAN	TICKET #	QTY	UNITS	DESCRIPTION OF WORK	UNIT $	EXTENSION $	

					

								

PCO-09 Jan. Billable Extras worksheet - Pgs 1 of 1

CO-09

To:	Fieldstone Community Development District
Address:	12051 Corporate Blvd.
Orlando, FL 32817	Contact:	Robert Engel Phone:
Fax:	
Project Name:	Morgan's Glen 2A - 3A Asphalt Section & Mix Redesign
Project Location:	Parrish, FL	Bid Number: 2730-P018
Bid Date:	1/7/2021	

Thank you for the opportunity to quote.		
Item Description	Estimated Quantity	Unit	Unit Price	Total Price	
Phase 2A, 3A Furnish & Place 1.25" Type SP 9.5 Asphaltic Concrete	11,408.00	SY	$8.48	$96,739.84	
Phase 2A, 1" Type S-III Asphaltic Concrete	-6,908.00	SY	$5.99	($41,378.92)	
Phase 3A, 1" Type S-III Asphaltic Concrete	-4,500.00	SY	$6.07	($27,315.00)	
			
Total Bid Price:	
$28,045.92	

Notes:					
Prices are for Phase 2A & 3A.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the proposal.
Any item not specifically listed in this proposal is not included.
The items within this proposal are presented as the entire project, whereby an individual line item may not be removed or eliminated without prior approval.
Woodruff & Sons, Inc. will not be responsible for identifying or handling any hazardous or contaminated material that may be encountered.
Prices may be withdrawn by Woodruff & Sons, Inc. if not accepted within 45 days of receiving this proposal. Payment Terms:
Payment due within 30 days of date of invoice, regardless of when payment is made by Owner.

To:	Fieldstone Community Development District
Address:	12051 Corporate Blvd.
Orlando, FL 32817	Contact:	Robert Engle Phone:
Fax:	
Project Name:	Morgan's Glen 3A Pond 20 Outfall Revision
Project Location:	Morgan's Glen Phase 3A, Parrish, FL.	Bid Number: P20-041
Bid Date:	1/15/2021	

Thank you for the opportunity to quote.		
Item Description	Estimated Quantity	Unit	Unit Price	Total Price	
F&I 34 X 53 ERCP	76.00	LF	$230.51	$17,518.76	
F&I 34 X 53 Endwall Pipe Support	1.00	EACH	$4,061.20	$4,061.20	
F&I Modified Double Grate Control Structure	1.00	EACH	$13,113.71	$13,113.71	
Delete 42" RCP	-77.00	LF	$139.83	($10,766.91)	
Delete 42" Endwall	-1.00	EACH	$2,693.67	($2,693.67)	
Delete Double Grate Control Structure	-1.00	EACH	$8,316.98	($8,316.98)	
			
Total Bid Price:	
$12,916.11	

Notes:					
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.
Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the proposal.
Any item not specifically listed in this proposal is not included.
The items within this proposal are presented as the entire project, whereby an individual line item may not be removed or eliminated without prior approval.
Woodruff & Sons, Inc. will not be responsible for identifying or handling any hazardous or contaminated material that may be encountered.
Prices may be withdrawn by Woodruff & Sons, Inc. if not accepted within 45 days of receiving this proposal. Payment Terms:
Payment due within 30 days of date of invoice, regardless of when payment is made by Owner.

ACCEPTED:
The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer:  	

Authorized Signature:

	
OFFICIAL USE ONLY	
 Job No:	 2730		
 Control No:	 2730 PO19		
 Log Date:		
 Invoice No:		
 Change Order		

To:	Fieldstone Community Development District
Address:	12051 Corporate Blvd.
Orlando, FL. 32817	Contact:	Mark Roscoe	
	Tel No:	941-376-8496	
	Email:	mroscoe@nealland.com	
Project Name:	Morgan's Glen Phase 1&2 (Site Civil) & Phase 3 (Earthwork)
Project Location:	Fort Hamer Road off Moccasin Wallow Road - Parrish, FL	Bid No:	P19-079
Bid Date: Tuesday, September 17, 2019	

Item #	Item Description:	Estimated Quantity	Unit	Unit Price	Total Price

This is a Change OrdeRequest
1.		Restake Sanitary Clean Outs Hit By Bldg. Trades		1.00		ls		$1,080.00		$	1,080.00	
2.		Restake Curb Staking Run Over By Bldg. Trades		1.00		ls		$540.00		$	540.00	
3.		Restake Water Services Hit By Bldg. Trades		1.00		ls		$810.00		$	810.00	

Total Price for above Items:		
$	2,430.00	
Total Bid Price:		$	2,430.00	

Notes:		Prices may be withdrawn, if not accepted within 45 days as of the date of this proposal.	
		This proposal require additional days ???????????????	
		This proposal includes ??????????????????	
		This proposal does not includes ????????	
		All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard	
		practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written	
		orders, and will become an extra charge over and above this proposal.	

Payment Terms:	Payment due within 30 days of date of invoice, regardless of when payment is made by Owner.	

CONFIRMED:	
Woodruff & Sons, Inc.	

Signature:  		
Printed Name:	
Date of Acceptance:  		

	Donald P. Woodruff, President	
Estimator:	Matt Anderson (matta@woodruffandsons.com)	

 	
 PCO-09	

 2730	
 2730 P020	

 Job No:
 Control No:
 Log Date:
 Invoice No:
 Change Order

OFFICIAL USE ONLY

To:	Fieldstone Community Development District
Address:	12051 Corporate Blvd.
Orlando, FL. 32817	Contact:	Mark Roscoe
Tel No:	941-376-8496
Email:	mroscoe@nealland.com	
Project Name:	Morgan's Glen Phase 1&2 (Site Civil) & Phase 3 (Earthwork)
Project Location:	Fort Hamer Road off Moccasin Wallow Road - Parrish, FL	Bid No:	P19-079
Bid Date: Tuesday, September 17, 2019	

Item #		Item Description:	Estimated Quantity		Unit		Unit Price		Total Price	
		This is a Change OrdeRequest								
1.		Grade And Compact For Sidewalk	109.00		sy		$1.90		$	207.10	
2.		Install And Remove Forms For Walk	1.00		ls		$506.00		$	506.00	

Total Price for above Items:	$
Total Bid Price:	$

713.10
713.10

Payment Terms:	Payment due within 30 days of date of invoice, regardless of when payment is made by Owner.

CONFIRMED:

Woodruff & Sons, Inc.

Authorized Signature:
Donald P. Woodruff, President
Estimator:	Matt Anderson (matta@woodruffandsons.com)

ACCEPTED:
The above prices, specifications and conditions are satisfactory and hereby accepted. Buyer:  	

Signature:  	
Printed Name:

Date of Acceptance:  	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of Change Order No. 10, Fort Hamer Road Extension Phase 1

Change Order
No.	10	

Date of Issuance:      February 3, 2021	Effective Date: February 10, 2021	

Project: Fort Hamer Road Extension Phase 1	Owner: Fieldstone Community Development District	Owner's Contract No.:	
Contract: $5,939,439.73	Date of Contract: August 29, 2017	
Contractor: Woodruff & Sons, Inc.	Engineer's Project No.: 215613562	
Contractor No.: 2677/ 2699
The Contract Documents are modified as follows upon execution of this Change Order:

Description:

Walk-thru extras: clean valve boxes/storm MH, silt/dirt pavement; remove curb/sidewalk; repair handrail; finished curb/sidewalk; grade behind curb/walk; replace threaded cleanout caps; add nut ext. Rebuild ARV
Attachments: (List documents supporting change):
Woodruff & Sons, Inc. Invoice 23746 dated 6/15/20 and Invoice 23771 dated 7/31/20..

		
 	CHANGE IN CONTRACT PRICE:		 	CHANGE IN CONTRACT TIMES:		
Original Contract Price:	Original Contract Times:	Working days	 Calendar days	
Substantial completion (days or date):	270 days (120 days utilities)	
$ 5,939,439.73		Ready for final payment (days or date):     300 days		
[Increase] [Decrease] from previously approved Change Orders No.	1	to No.	9	:	[Increase] [Decrease] from previously approved Change Orders No.	1	to No.	9	:	
Substantial completion (days):	-0-		
$	774,046.84		Ready for final payment (days):	-0-		

Contract Price prior to this Change Order:	
Contract Times prior to this Change Order:		
Substantial completion (days or date):	270 days (120 days utilities)	
$ 6,713,486.57		Ready for final payment (days or date):      300 days		

[Increase] [Decrease] of this Change Order:	
[Increase] [Decrease] of this Change Order:		
Substantial completion (days or date):	-0-		
$	43,929.16		Ready for final payment (days or date):	-0-		

Contract Price incorporating this Change Order:	
Contract Times with all approved Change Orders:	
Substantial completion (days or date):	270 days (120 days utilities)	
$ 6,757,415.73		Ready for final payment (days or date):      300 days – 6/25/2018		

RECOMMENDED:	ACCEPTED:	ACCEPTED:	
By:  		By:  		By:  		
Engineer (Authorized Signature)	Owner (Authorized Signature)	Contractor (Authorized Signature)	
Date:  		Date:  		Date:  		

Approved by Funding Agency (if applicable):    			
Date:  		

V:\2156\active\215613562\civil\construction_phase_documents\change_orders\con_fcdd_ft-hamer-rd_ext-1_co-10_43929-16_walk-thru-extras_rebld-arv_woodruff_c-941_ejcdc_rae_20210203.docx

EJCDC No. C-941 (2002 Edition)	Page 1 of 1
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the

Invoice No.	23746
Date	06/15/20	
Job No.	2677

Client
ID No       33020	
Name Fieldstone CDD			 Address     5800 Lakewood Ranch Blvd		 Address				 City	Sarasota	State    Florida	Zip 34240	

Description

 Location: Ft. Hamer Rd, Seg 1	
 		 Attn:	Tom Panaseny
 TPanaseny@nealland.com	

 	 INVOICE

Date	Qty	Units	Description	Unit Price	TOTAL	

Apr+May20	
1.00	
ls	
Walk-thru Extras			
$42,144.40	
$	42,144.40	
			[detail breakdown attached]					
						Subtotal	$	42,144.40	
								
			7.00%	Tax	n	FL-Manatee	$	-	
			8.20%	Tax	n	FL-Real Property	$	-	
			7.00%	Tax	n	FL-Sarasota	$	-	
TOTAL	$	42,144.40	

Office Use Only

1 1/2 % per month Service Charge will be added to all accounts over due.

23746-Fieldstone (2677 Walk-thru)	Page 1 / 1

WOODRUFF & SONS, INC - BILLING/INVOICE WORK-SHEET□	
□PO Box 10127, Bradenton, FL 34282-0127 ~ T 941.756.1871 ~ F 941.755.1379 ~ www.woodruffandsons.co	
	
NAME OF JOB:	Ft. Hamer Rd. Seg 1		JOB/WORK ORDER NO:	2677	
JOB LOCATION:				DATE:		06/08/20	
BILL TO:			Attention:	Tom P.	W&S INVOICE NO:	23746	
COMPANY:	Field Stone			TAX LOCATION:	Manatee	
ADDRESS:					TAX PERCENTAGE:	7.00%	
	
			DATE	DESCRIPTION OF WORK				
								
	03/24/20			$	3,437.50		
		Addressed County Inspector's issues at time of walk-thru, inc. cleaning valve boxes and storm manholes.				

								
	03/25/20			$	1,125.00		
		Cleaned silt and dirt off pavement due to construction traffic from other sites.				

								
	04/02/20			$	608.10		
		F&I brass ID tabs for underdrain clean-outs per the county's requirement.				

								
	04/15/20			$	2,990.00		
		Saw cut and removed concrete curb / sidewalk				

								
	04/16/20			$	3,897.50		
		Saw cut and removed concrete curb / sidewalk. Repaired handrail damaged by
mowers.				

								
	04/27/20			$	10,320.40		
		Furnished/Placed/Finished curb & sidewalk. Removal/Replacement of detectable warnings per the County Inspector				

						
								
	04/28/20			$	1,825.00		
		Clean up and graded behind curb/walk. Cleaned weeds and brush out of rip-rap east of mid block box culvert				

						
								
	04/30/20			$	495.00		
		Finished grading behind curb & sidewalk				

	05/19/20			$	869.78		
		Fixed & replaced threaded clean-out caps				

	05/20/20			$	4,377.96		
		Removed more broken curb & sidewalk. Cleaned weeds and brush out of rip-rap on the north side of mid block box culvert. F&I [4] 9-button signs at the end of walks and roadway turnouts.				

						

WOODRUFF & SONS, INC - BILLING/INVOICE WORK-SHEET□	
□PO Box 10127, Bradenton, FL 34282-0127 ~ T 941.756.1871 ~ F 941.755.1379 ~ www.woodruffandsons.co	
	
NAME OF JOB:	Ft. Hamer Rd. Seg 1		JOB/WORK ORDER NO:	2677	
JOB LOCATION:				DATE:		06/08/20	
BILL TO:			Attention:	Tom P.	W&S INVOICE NO:	23746	
COMPANY:	Field Stone			TAX LOCATION:	Manatee	
ADDRESS:					TAX PERCENTAGE:	7.00%	
	
			DATE	DESCRIPTION OF WORK				
								
	05/21/20			$	3,587.20		
		Formed, poured, and finished concrete curb/sidewalk . Raised ARV/Valve and finished assem. w/ pads. F&I replacement ARV cabinets				

						

	05/22/20			$	4,317.04		
		Dug up (3) valves to add operating nut extension and formed/repoured pads.Dug up and replaced (3) meter boxes at blow-off assem.				

						

	05/27/20			$	1,937.50		
		Saw cut, removed, formed and poured
additional curb per County Inspector.				

	05/28/20			$	1,253.92		
		Replaced broken valve box. Cleaned up around new curb/walk and graded, installed
sod in all disturbed areas				

								
				$	1,102.50		
		Project Manager				
						
.					Total	$42,144.40	$42,144.40	

WOODRUFF & SONS, INC.
P.O. Box 10127 • Bradenton, Florida 34282-0127 (941) 756-1871 • fax: (941) 755-1379 www.woodruffandsons.com

Invoice No.	23771	

Date

Job No.

07/31/20

2677-    -    -    -    -

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! /  NVOICE

ID No
Name Address Address City

Client   	
33020

Fieldstone CDD
5800 Lakewood Ranch Blvd

 	

Sarasota -

- - - -

State	Florida

Zip 34240

Location: Ft. Hamer Rd, ·s eg 1	

Attn:	Mark Roscoe mroscoe@nealland.com

 	  Description    	

	Subtotal	$	
7.00%	Tax	n	FL-Manatee	$	
8.20%	Tax	n	FL-Real Prooerty	$	
7. 00%	Tax	n	FL-Sarasota	$	
			TOTAL	$	

Date

Qty

Jul8+9,20

- Units
Is

-

De_scripti n

--

Unit Price

TOTAL

1.00

Rebuild ARV

$1,784.76 $

1,784.76

1,784.76

-

-
1,784.76

-

I Office Use Only

1 112 % per month Service Charge will be added to all accounts over due.

23771-Fieldstone (2677 ARV)	Page 1 / 1

SEWER AND WATERLINE INSTALLATIONS • SITE DEVELOPMENT SUPPLIER OF CRUSHED CONCRETE BASE AND SOIL CEMENT

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of Advantage Engineering, Inc. Proposal

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 10th day of February, 2021, 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 	

February 1, 2021

Mr. Pete Williams
Fieldstone Community Development District 12051 Corporate Blvd.
Orlando, Florida 32817

Re:	Morgan’s Glen Phases 1A, 1B, 1C, IIA, and IIB 8401 Canyon Creek Trail, Parrish, Florida 34219 Manatee County, Florida
LOMR (Letter of Map Revision) for Phases 1A, 1B, 1C, IIA, and IIB Cost Proposal

Dear Mr. Williams:

Thank you for your recent request for providing professional engineering services for the referenced project. Advantage Engineering, Inc. (CONSULTANT) sincerely appreciates this opportunity to assist FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT (CDD) and STANTEC (ENGINEER) on this project. The intent for this scope of work is to provide a Letter of Map Revision for Morgan’s Glen – Phases 1A, 1B, 1C, IIA, and IIB located at 8401 Canyon Creek Trail, Parrish, Florida. It is our understanding that the proposed residential site development is currently under construction in 2021 which is a total of 81.64 acres and is identified by Parcel ID No 403600209. The property is located within Sections 19, 20 & 30 in Township 33 South and Range 19 East in Manatee County, Florida.

The LOMR modeling for Phases 1A, 1B, 1C, IIA, and IIB will need to be completed using the Effective (Overall) Model for Buffalo Canal Watershed Model. The detailed description of our services is outlined as follows:

SERVICES BY CONSULTANT

Phase I - Flood Study

Data Collection from the Southwest Florida Water Management District (SWFWMD), Manatee County, and FEMA. If the current model is not the Effective, the CONSULTANT will order and receive from the FEMA Library the Buffalo Canal ICPR Model which is deemed the “Currently Effective Model”.

Review FEMA FIRM compared to the “Current Effective Model”. This may include verification of existing boundary

Advantage Engineering, Inc.,
3914 Flatiron Loop #102, Wesley Chapel, Florida 33544
Office (813) 975-9638 Fax (813) 994-5265

1 of 4

conditions, channel geometry, basin flows and channel roughness coefficients used for modeling the 100-year storm or base flood event. The original contours or pre- development contours will be provided as a pre- development surface for reference.

Updated the new overall effective ICPR model that was created for Phases 1A, 1B, 1C, IIA, and IIB with the design conditions.

Prepare a brief letter report with appendices outlining our findings and recommendations based on all the model runs outlined above. The final report will be signed and sealed for submittal to Manatee County and FEMA.

Phase II – LOMR

Obtain Manatee County Approval by:
Submitting the Proposed Conditions Model (PCM) to Manatee County with other necessary documentation to secure County’s sign-off of the Community Acknowledgement Form.
Respond to 2 rounds of County Comments.

Complete the required FEMA MT-2 Application for LOMR, including:
ICPR model and Report signed and sealed
Riverine Hydrology & Hydraulics Form
Form 3 – Riverine Structures Form
Overview & Concurrence Form
Payment Information Form (review fee required)

Submit the LOMR package to FEMA including: Applications, Review Fee, Deed, Updated Flood Map, and ICPR model. CONSULTANT will make up to 2 rounds of comment revisions and re-submit. All mapping to be provided by the CONSULTANT with assistance from the ENGINEER.

CONSULTANT is anticipating submitting all information electronically to FEMA via their website.

INFORMATION PROVIDED BY ENGINEER

Electronic files of all relevant data (e.g., topography, grading and drainage sheets, wetland information, boundary survey, etc.) being used for the project. Wetland

information shall include jurisdictional lines and hydroperiods. Any hard copy data that may be relevant to the pre-development conditions.

The update of the existing FIRM and Topographic map shall be developed by the CONSULTANT with assistance from the ENGINEER. This shall include either a mark-up of the new "best available" base flood elevations per the CONSULTANT’s PCM with shading on a *.pdf FIRM map or a CADD file with the existing elevations showing the new AE elevations by shading.

As-Built Survey surface for all Phases to reference to the original plans along with the record drawings for referencing the control structures, weirs, pipes, etc. that will be used to update the ICPR model. Existing contours should extend well beyond the project limits for tie down purposes associated with and potential BFE adjustments off-site.

ASSUMPTIONS / ADDITIONAL SERVICES PROVIDED BY THE CONSULTANT

Any model changes or RAI responses beyond two (2) rounds of comments from the local government or FEMA as a result of the submittals are considered additional services requiring further compensation based on $180/hr.

Updating the Counties existing ICPR Model versus utilizing the currently permitted AdICPR model for the site to reflect the proposed conditions for the site.

COMPENSATION

Payment for Professional Engineering Services related to the Phase 1 and 2 are as follows:

Description	Amount	
Phase I - Quantitative Analysis / Report	$18,000.00	
Phase II – LOMR	$14,400.00	
Total	$32,400.00	

Phases 1 and 2 shall be a lump sum fee of $32,400 for all work up to addressing two (2) rounds of County comments and two (2) rounds of FEMA comments. These fees do not include the FEMA permitting fees. Additional fees associated with addressing any requests for additional information beyond (1) round of comments from reviewing agencies will be billed out based on an hourly rate of $180.00 per hour. The fees also do not include out of pocket expenses (e.g., mileage, printing and reproduction, etc.) which will be billed out at the actual cost. We will submit invoices monthly reflecting the services we have performed. We do not guarantee or insure the findings of this investigation.

We will begin working on this project immediately. We will keep you updated regarding our progress on a regular basis and notify you if any conditions develop which may have an impact on the schedule or on the scope of services needed.

We trust that this description of our services is consistent with your understanding. If not, please call me or Carl Irwin so that we can discuss any items in question and agree on the best

way to proceed. If the above description meets with your approval, please sign below, and send one copy back to our office.

Once again, we thank you for allowing us to be of service to you. We look forward to working with you on this project.

Sincerely,
AUTHORIZED BY:

Brian A. Acken, P.E.	Fieldstone Community Development District
Principal

cc: Carl H. Irwin, P.E.

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of ProStudios Proposal

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 10th day of February, 2021, 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 	

1/27/21

To:	Fieldstone CDD
12051 Corporate Blvd.
Orlando, FL 32817 Att: Mark Roscoe
Re:	Box Logo Tower / Letters and Graphics for 4th (South) Corner of Ft. Hamer Rd/Erie Rd.

Desc:	A: (1) Monument requiring the following…
Letters are 6” deep x 30” tall FACE LIT Channel letters - NORTH RIVER RANCH
Letters are mounted to the top of a 6” x 6” aluminum box which attaches to the top of the cement / stucco knee wall by Windward Building Group.
Installs in 3 equal sections for ease of installation. Needs one 120 v 15 amp circuit.
Wave logo Graphic is an internally lit cabinet 72” wide x 42” tall x 6” deep with push thru Acrylic Waves each having translucent colors. Background is pierce cut white aluminum.
Wave cabinet mounts to a 16’ tall x 8’ wide x 2’ deep aluminum box tower. Faux Corten Steel finish. Mounts to (2) 8” x 21’ steel posts (included in installation price).

PRICE:$31,250.00 each	$31,250.00	

INSTALLATION:	
$ 4,895.00	
PERMIT ACQUISITION: By Windward Building Group		
SUB-TOTAL:	$36,145.00	
SALES TAX: CDD PROJECT	$ EXEMPT	
TOTAL:	$36 ,145.00	

**All Measurements are to be verified with WBG to make sure they are building as we have Specified. Any changes or additions to the above description will affect the price.

TERMS: 50% Down Payment Required to start Job due upon receipt of invoice.
Balance is Due upon completion and receipt of invoice net 10 days.

Accepted By:	Date: 	

Submitted By:

 	 Date:_2/27/21	 Tom Bowers Pres. / Creative Director

SignPro Studios guarantees these prices for a period of 60 days after which we reserve the right to re-evaluate and resubmit new pricing if needed.
We also retain the rights to all items produced until the contract is paid in full and have the right to recover any signage and associated costs related to removal and or binding arbitration. Any artwork used without consent or compensation may result in a charge not to exceed $1 ,000.00

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review and Consideration of the ONSIGHT Industries Proposals for Morgan Glen

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 10th day of February, 2021, 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 	

PROPOSAL 291479
FIELDSTONE CDD

ESTIMATE #
DATE WRITTEN BY REFERENCE

006-21-291479
2/8/2021
RON SILVEIRA

CONTACT

ADDRESS

MARK ROSCOE
C/O PFM GROUP CONSULTING, LLC 12051 CORPORATE BLVD,
ORLANDO FL 32817

PHONE
EMAIL

(941) 376-8496
mroscoe@nealland.com

FAX

Submitted to

Project Detail - Page 1
LOCATION    MORGANS GLEN	DISTANCE	COORDINATES PROJECT NAME PHASE 1-A 58 LOTS	

Items

PRICE EACH	QTY

TOTAL

    1 	LABOR / INSTALLATION, MAILBOX	$475.00	1	$475.00	
    2 	MAILBOX, USPS COORDINATION		1	$0.00	
    3 	MAILBOX, CBU, 16 DOOR, DECORATIVE, BALL FINIAL - TRADITIONAL, SEQ NUMBERING, BLACK	$2,076.00	4	$8,304.00	
	Sided, INVOICED UPON RECEIPT				

INSTALLATION

ALL COORDINATION SERVICES INCLUDED

16 UNIT DECORATIVE PEDESTAL WITH CONSECUTIVE NUMBERING
PRE-TAX TOTAL   $8,779.00
EST TAX (.07)	$0.00

Approval

TOTAL	$8,779.00

TERMS & CONDITIONS	- All work will be completed in a workmanlike manner according to standard practice. All agreements are contingent upon delays and material cost increases beyond our control.
Pricing in this proposal is subject to acceptance within 14 days and is void thereafter.
Depending upon the agreed credit terms, a deposit may be required before work is to commence.
If a deposit is to be paid by credit card, you authorize OnSight Industries, LLC to charge 50% of the total project cost upfront and the balance of the project immediately upon completion.
Any labor and installation pricing is approximate and subject to change based upon actual time incurred.
Delivery/installation postponement will result in the client being progress billed for completed product. At this time, title for the product will transfer to the client. Product will be warehoused until the client is ready for installation, at which time applicable installation labor will be invoiced upon completion.
Sales tax is estimated and subject to change based upon the actual rate at time of invoicing.
Unless otherwise noted, client assumes all responsibility for permitting and utility locator services as necessary.
Customer is responsible for variations from customer supplied architectural drawings & hardscapes.
Signature on this proposal constitutes approval from the client on supplied artwork/graphics.
Invoices are due upon receipt. Any unpaid invoices are subject to late fees equal to 1.5% of the balance due per month (18% per year) , collection fees and/or court costs.	
ONSIGHT INDUSTRIES, LLC.

RON SILVEIRA	2/8/2021
  
SIGNATURE	NAME	DATE	
PROPOSAL ACCEPTANCE THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. ONSIGHT INDUSTRIES, LLC IS AUTHORIZED TO PROCEED WITH THE PROJECT AS STATED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.

  
SIGNATURE	NAME	DATE	
900 CENTRAL PARK DR., SANFORD, FL 32771-6634
P: 407.830.8861 • F: 407.830.5569

PROPOSAL 291480
FIELDSTONE CDD

ESTIMATE #
DATE WRITTEN BY REFERENCE

006-21-291480
2/8/2021
RON SILVEIRA

CONTACT

ADDRESS

MARK ROSCOE
C/O PFM GROUP CONSULTING, LLC 12051 CORPORATE BLVD,
ORLANDO FL 32817

PHONE
EMAIL

(941) 376-8496
mroscoe@nealland.com

FAX

Submitted to

Project Detail - Page 1
LOCATION    MORGANS GLEN	DISTANCE	COORDINATES PROJECT NAME PHASE 3-A 90 LOTS	

Items

PRICE EACH	QTY

TOTAL

    1 	LABOR / INSTALLATION, MAILBOX	$665.00	1	$665.00	
    2 	MAILBOX, USPS COORDINATION		1	$0.00	
    3 	MAILBOX, CBU, 16 DOOR, DECORATIVE, BALL FINIAL - TRADITIONAL, SEQ NUMBERING, BLACK	$2,076.00	7	$14,532.00	
	Sided, INVOICED UPON RECEIPT				

INSTALLATION

ALL COORDINATION SERVICES INCLUDED

16 UNIT DECORATIVE PEDESTAL WITH CONSECUTIVE NUMBERING
PRE-TAX TOTAL   $15,197.00
EST TAX (.07)	$0.00

Approval

TOTAL	$15,197.00

TERMS & CONDITIONS	- All work will be completed in a workmanlike manner according to standard practice. All agreements are contingent upon delays and material cost increases beyond our control.
Pricing in this proposal is subject to acceptance within 14 days and is void thereafter.
Depending upon the agreed credit terms, a deposit may be required before work is to commence.
If a deposit is to be paid by credit card, you authorize OnSight Industries, LLC to charge 50% of the total project cost upfront and the balance of the project immediately upon completion.
Any labor and installation pricing is approximate and subject to change based upon actual time incurred.
Delivery/installation postponement will result in the client being progress billed for completed product. At this time, title for the product will transfer to the client. Product will be warehoused until the client is ready for installation, at which time applicable installation labor will be invoiced upon completion.
Sales tax is estimated and subject to change based upon the actual rate at time of invoicing.
Unless otherwise noted, client assumes all responsibility for permitting and utility locator services as necessary.
Customer is responsible for variations from customer supplied architectural drawings & hardscapes.
Signature on this proposal constitutes approval from the client on supplied artwork/graphics.
Invoices are due upon receipt. Any unpaid invoices are subject to late fees equal to 1.5% of the balance due per month (18% per year) , collection fees and/or court costs.	
ONSIGHT INDUSTRIES, LLC.

RON SILVEIRA	2/8/2021
  
SIGNATURE	NAME	DATE	
PROPOSAL ACCEPTANCE THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE HEREBY ACCEPTED. ONSIGHT INDUSTRIES, LLC IS AUTHORIZED TO PROCEED WITH THE PROJECT AS STATED. PAYMENT WILL BE MADE AS OUTLINED ABOVE.

  
SIGNATURE	NAME	DATE	
900 CENTRAL PARK DR., SANFORD, FL 32771-6634
P: 407.830.8861 • F: 407.830.5569

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Funding Requests # 2021-11 – 2021-16

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Funding Request 2021-11 - 2021-16

FR #	Description	Amount	Total	
				
2021-11	Stantec Consulting Services	$54,916.84		
			$54,916.84	
				
2021-12	Stantec Consulting Services	$39,597.18		
	Winward Building Group	$53,479.18	$93,076.36	
			
2021-13	Green Marine Construction	$35,200.00		
			$35,200.00	
				
2021-14	Dewberry Engineers	$2,430.00		
			$2,430.00	
				
2021-15	Sunrise Landcare	$161,289.23		
			$161,289.23	
				
2021-16	Ripa & Associates	$2,725.00		
			$2,725.00	

By Amanda Lane at 3:01 pm, Dec 31, 2020

By Amanda Lane at 11:04 am, Jan 11, 2021

By Amanda Lane at 11:20 am, Jan 18, 2021

By Amanda Lane at 11:20 am, Jan 18, 2021

2021-15

By Amanda Lane at 11:20 am, Jan 18, 2021

By Amanda Lane at 9:14 am, Jan 25, 2021

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Payment Authorizations # 11-14

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Payment Authorizations #11-14

PA #	Description	Amount	Total	
				
2021-11	Bradenton Herald	$141.57		
	Clean Sweep	$150.00		
	Frontier	$207.33		
	Manatee County Utilities Department	$841.22		
	Southern Land Services of Southwest Florida	$600.00		
				
			$1,940.12	
				
2021-12	Brilliant Cleaning Corporation	$625.00		
	Jan-Pro Of Manasota	$470.00		
	MacroLease	$695.00		
	PFM Group Consulting	$2,500.00		
	S&G Pools	$900.00		
	Sunrise Landcare	$1,440.00		
				
			$6,630.00	
				
2021-13	Envera	$794.00		
	MI-BOX	$189.00		
	Southern Land Services of Southwest Florida	$2,880.00		
	Supervisor Fees- 1/13/21 Meeting	$800.00		
	Vglobal Tech			
	October-December ADA Audit	$300.00		
	January	$100.00		
	Vogler Ashton	$4,076.00		
				
			$9,139.00	
				
2021-14	DayStar Exterior Cleaning	$1,250.00		
	Peace River Electric Cooperative	$659.79		
	Southern Land Services of Southwest Florida	$450.00		
	Sunrise Landcare	$10,465.87		
				
			$12,825.66	

By Amanda Lane at 3:01 pm, Dec 31, 2020

By Amanda Lane at 11:04 am, Jan 11, 2021

By Amanda Lane at 11:20 am, Jan 18, 2021

By Amanda Lane at 9:14 am, Jan 25, 2021

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Requisitions # 2019-195 – 2019-197

Fieldstone Community Development District	

Number	
Fiscal Year	Date 
Prepped	
Vendor	
 Amount 	
 Amount 	
 Amount 	
 Amount 	
 Amount 	
S2019-195	2021	1/8/2021	Detweiler's Propane	$	-	$	-	$	-	$	-	$	6,806.74	
S2019-196	2021	1/8/2021	Driggers Engineering Services	$	-	$	-	$	-	$	-	$	9,700.00	
S2019-197	2021	1/8/2021	Dynamic Bicycles	$	-	$	-	$	-	$	-	$	12,505.00	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Ratification of Requisitions Morgan’s Glen Project # 2019-59 – 2019-63

Fieldstone Community Development District	

Number	
Fiscal Year	Date 
Prepped	
Vendor	
 Amount 	
 Amount 	
 Amount 	
 Amount 	
 Amount 	
S2019MG-059	2021	1/15/2021	Booth Design Group	$	-	$	-	$	1,000.50	$	-	$	-	
S2019MG-060	2021	1/15/2021	Dewberry Engineers	$	-	$	-	$	1,635.00	$	-	$	-	
S2019MG-061	2021	1/15/2021	Peace River Electric Cooperativ	$	-	$	-	$	129,939.96	$	-	$	-	
S2019MG-062	2021	1/15/2021	Woodruff & Sons	$	-	$	-	$	347,032.24	$	-	$	-	
S2019MG-063	2021	1/22/2021	Onsight	$	-	$	-	$	17,010.95	$	-	$	-	

FIELDSTONE COMMUNITY DEVELOPMENT DISTRICT

Review of District Financial Statements

Fieldstone CDD
Statement of Financial Position As of 1/31/2021

General Fund	Debt Service Fund

Construction Fund

Long-Term Debt Fund

Total

	Assets		
Current Assets
General Checking Account	
$137,630.38							
$137,630.38	
Assessments Receivable	135,444.35							135,444.35	
Prepaid Expenses	337.94							337.94	
Deposits	700.00							700.00	
Assessments Receivable		$520,420.19						520,420.19	
Due From Other Funds		67,470.00						67,470.00	
Debt Service Reserve (Series 2019)		166,061.20						166,061.20	
Debt Service Reserve (Morgan's Glen)		91,060.27						91,060.27	
Revenue (Series 2019)		297,266.74						297,266.74	
Revenue (Morgan's Glen)		1,609.12						1,609.12	
Interest A1 (Series 2019)		0.10						0.10	
Interest A2 (Series 2019)		0.03						0.03	
Interest A1 (Morgan's Glen)		0.06						0.06	
Interest A2 (Morgan's Glen)		0.06						0.06	
Prepayment A2 (Series 2019)		1,030,396.34						1,030,396.34	
Prepayment A2 (Morgan's Glen)		346,774.55						346,774.55	
Accounts Receivable - Due from Developer				$1,251,269.36				1,251,269.36	
Acquisition/Construction (Series 2019)				19,952.42				19,952.42	
Acquisition/Construction (Morgan's Glen)				2,879,046.57				2,879,046.57	
Restricted Acq/Constr (Morgan's Glen)				2.82				2.82	
Total Current Assets	$274,112.67	$2,521,058.66		$4,150,271.17		$0.00		$6,945,442.50	

Investments									
Amount Available in Debt Service Funds							$1,933,168.47		$1,933,168.47	
Amount To Be Provided							21,471,831.53		21,471,831.53	
Total Investments	$0.00		$0.00		$0.00		$23,405,000.00		$23,405,000.00	
Total Assets	$274,112.67		$2,521,058.66		$4,150,271.17		$23,405,000.00		$30,350,442.50	

Liabilities and Net Assets

Current Liabilities
Accounts Payable	
$147,578.89								
$147,578.89	
Deferred Revenue	135,444.35								135,444.35	
Deferred Revenue			$520,420.19						520,420.19	
Accounts Payable					$1,288,312.52				1,288,312.52	
Retainage Payable					666,725.32				666,725.32	
Deferred Revenue					1,248,544.36				1,248,544.36	
Total Current Liabilities	$283,023.24		$520,420.19		$3,203,582.20		$0.00		$4,007,025.63	

Long Term Liabilities
Revenue Bonds Payable - Long-Term							

$23,405,000.00		

$23,405,000.00	
Total Long Term Liabilities			$0.00		$0.00		$23,405,000.00		$23,405,000.00	
Total Liabilities	$283,023.24		$520,420.19		$3,203,582.20		$23,405,000.00		$27,412,025.63	

Net Assets
Net Assets, Unrestricted	

$207,466.74								

$207,466.74	
Current Year Net Assets, Unrestricted	(159,164.09)								(159,164.09)	
Net Assets - General Government	5,970.95								5,970.95	
Current Year Net Assets - General Government	(63,184.17)								(63,184.17)	
Net Assets, Unrestricted			$676,334.67						676,334.67	
Current Year Net Assets, Unrestricted			1,324,303.80						1,324,303.80	
Net Assets, Unrestricted					$4,446,290.88				4,446,290.88	
Current Year Net Assets, Unrestricted					(3,499,601.91)				(3,499,601.91)	
Total Net Assets	($8,910.57)		$2,000,638.47		$946,688.97		$0.00		$2,938,416.87	
										
Total Liabilities and Net Assets	$274,112.67		$2,521,058.66		$4,150,271.17		$23,405,000.00		$30,350,442.50	

Fieldstone CDD Statement of Activities As of 1/31/2021

General Fund	Debt Service Fund

Construction Fund

Long-Term Debt Fund

Total

Revenues

On-Roll Assessments	$63,935.28								$63,935.28	
Off-Roll Assessments	75,892.88								75,892.88	
Developer Contributions	152.01								152.01	
Inter-Fund Transfers In	(159,164.09)								(159,164.09)	
On-Roll Assessments			$245,659.67						245,659.67	
Off-Roll Assessments			109,550.00						109,550.00	
Other Assessments			1,776,447.00						1,776,447.00	
Developer Contributions					$376,509.12				376,509.12	
Inter-Fund Transfers In					159,164.09				159,164.09	
Total Revenues	($19,183.92)		$2,131,656.67		$535,673.21		$0.00		$2,648,145.96	

Expenses

Supervisor Fees	$3,800.00	$3,800.00	
POL Insurance	2,421.00	2,421.00	
Trustee Services	11,183.94	11,183.94	
District Management	13,333.32	13,333.32	
Engineering	20,201.25	20,201.25	
Dissemination Agent	2,500.00	2,500.00	
District Counsel	6,154.00	6,154.00	
Assessment Administration	12,500.00	12,500.00	
Audit	1,500.00	1,500.00	
Postage & Shipping	168.76	168.76	
Legal Advertising	617.76	617.76	
Miscellaneous	782.89	782.89	
Property Taxes	47.90	47.90	
Web Site Maintenance	700.00	700.00	
Dues, Licenses, and Fees	175.00	175.00	
Electric	4,545.19	4,545.19	
Clubhouse Electric	4,294.22	4,294.22	
Water Reclaimed	3,642.46	3,642.46	
Amenity - Cable TV / Internet	1,088.64	1,088.64	
Amenity - Landscape Maintenance	13,696.00	13,696.00	
Amenity - Irrigation Repairs	2,135.00	2,135.00	
Amenity - Pool Maintenance	3,600.00	3,600.00	
Amenity - Janitorial	1,319.23	1,319.23	
Amenity - Pest Control	3,319.61	3,319.61	
Amenity - Security	794.00	794.00	

Fieldstone CDD Statement of Activities As of 1/31/2021

General Fund	Debt Service Fund

Construction Fund

Long-Term Debt Fund

Total

Equipment Rental	6,811.00								6,811.00	
General Insurance	2,960.00								2,960.00	
Property & Casualty Insurance	14,272.00								14,272.00	
Irrigation - Repair and Maintenance	128.01								128.01	
Lake Maintenance	10,950.00								10,950.00	
Landscaping Maintenance & Material	32,291.00								32,291.00	
Landscape Improvements	11,025.00								11,025.00	
Contingency	250.00								250.00	
Equipment Repair & Maintenance	625.00								625.00	
Cleaning	8,982.50								8,982.50	
Lighting	366.38								366.38	
Principal Payment - S19A2			$195,000.00						195,000.00	
Interest Payments - S19A1			253,938.75						253,938.75	
Interest Payments - S19A2			89,746.25						89,746.25	
Interest Payments - S19A1 Morgan's Glen			137,510.00						137,510.00	
Interest Payments - S19A2 Morgan's Glen			131,170.00						131,170.00	
Engineering					$211,871.02				211,871.02	
Contingency					3,823,466.60				3,823,466.60	
Total Expenses	$203,181.06		$807,365.00		$4,035,337.62		$0.00		$5,045,883.68	

Other Revenues (Expenses) & Gains (Losses)

Interest Income	$16.72								$16.72	
Interest Income			$12.13						12.13	
Interest Income					$62.50				62.50	
Total Other Revenues (Expenses) & Gains (Losses)	$16.72		$12.13		$62.50		$0.00		$91.35	
Change In Net Assets	($222,348.26)		$1,324,303.80		($3,499,601.91)		$0.00		($2,397,646.37)	

Net Assets At Beginning Of Year	
$213,437.69		
$676,334.67		
$4,446,290.88		
$0.00		
$5,336,063.24	

Net Assets At End Of Year	

($8,910.57)		

$2,000,638.47		

$946,688.97		

$0.00		

$2,938,416.87	

Fieldstone CDD
Budget to Actual
For the Month Ending 01/31/2021

Year To Date

Actual	Budget	Variance

FY 2021
Adopted Budget

Revenues

On-Roll Assessments	$	63,935.28		$	190,471.50		$	(126,536.22)		$	571,414.50	
Off-Roll Assessments	75,892.88		-		75,892.88		-	
Developer Contributions	152.01		-		152.01		-	
Net Revenues	$	139,980.17		$	190,471.50		$	(50,491.33)		$	571,414.50	

General & Administrative Expenses

Supervisor Fees	$	3,800.00		$	4,000.00		$	(200.00)		$	12,000.00	
POL Insurance	2,421.00		845.67		1,575.33		2,537.00	
Trustee Services	11,183.94		2,000.00		9,183.94		6,000.00	
District Management	13,333.32		13,333.33		(0.01)		40,000.00	
Engineering	20,201.25		8,333.33		11,867.92		25,000.00	
Dissemination Agent	2,500.00		3,333.33		(833.33)		10,000.00	
District Counsel	6,154.00		8,333.33		(2,179.33)		25,000.00	
Assessment Administration	12,500.00		4,166.67		8,333.33		12,500.00	
Reamortization Schedules	-		83.33		(83.33)		250.00	
Audit	1,500.00		2,000.00		(500.00)		6,000.00	
Arbitrage Calculation	-		400.00		(400.00)		1,200.00	
Postage & Shipping	168.76		33.33		135.43		100.00	
Legal Advertising	617.76		1,666.67		(1,048.91)		5,000.00	
Miscellaneous	782.89		1,666.67		(883.78)		5,000.00	
Property Taxes	47.90		-		47.90		-	
Web Site Maintenance	700.00		900.00		(200.00)		2,700.00	
Dues, Licenses, and Fees	175.00		58.33		116.67		175.00	
Activities Director of Fun	-		6,666.67		(6,666.67)		20,000.00	
Maintenance Staff	-		2,666.67		(2,666.67)		8,000.00	
Mitigation	-		400.00		(400.00)		1,200.00	
Stormwater - Repair and Maintenance	-		3,333.33		(3,333.33)		10,000.00	
Total General & Administration Expenses	$	76,085.82		$	64,220.66		$	11,865.16		$	192,662.00	

Brightwood Pavilion - Amenity

Clubhouse Electric	$	4,294.22		$	2,000.00		$	2,294.22		$	6,000.00	
Clubhouse Water	-		120.00		(120.00)		360.00	
Amenity - Cable TV / Internet / Wi-Fi	1,088.64		2,200.00		(1,111.36)		6,600.00	
Amenity - Landscape Maintenance	13,696.00		3,333.33		10,362.67		10,000.00	
Amenity - Irrigation Repairs	2,135.00		-		2,135.00		-	
Amenity - Pool Maintenance	3,600.00		3,600.00		-		10,800.00	
Amenity - Exterior Cleaning	1,319.23		2,280.00		(960.77)		6,840.00	
Amenity - Interior Cleaning	-		1,600.00		(1,600.00)		4,800.00	
Amenity - Pest Control	3,319.61		-		3,319.61		-	
Amenity - Fitness Equipment Leasing	-		2,780.00		(2,780.00)		8,340.00	
Amenity - Envera Security - 8 monitored Camaras	794.00		3,176.00		(2,382.00)		9,528.00	
Total Brightwood Pavilion - Amenity
Expenses	$	30,246.70		$	21,089.33		$	9,157.37		$	63,268.00	

Fieldstone CDD
Budget to Actual
For the Month Ending 01/31/2021

Year To Date

Actual	Budget	Variance

FY 2021
Adopted Budget

Riverfield Verandah - Amenity

Clubhouse Electric	$	-	$	1,250.00		$	(1,250.00)		$	3,750.00	
Clubhouse Water	-	90.00		(90.00)		270.00	
Amenity - Cable TV / Internet / Wi-Fi	-	1,000.00		(1,000.00)		3,000.00	
Amenity - Landscape Maintenance	-	1,500.00		(1,500.00)		4,500.00	
Amenity - Pool Maintenance	-	2,160.00		(2,160.00)		6,480.00	
Amenity - Exterior Cleaning	-	1,500.00		(1,500.00)		4,500.00	
Amenity - Interior Cleaning	-	1,185.00		(1,185.00)		3,555.00	
Amenity - Envera Security - 8 monitored Camaras	-	1,786.50		(1,786.50)		5,359.50	
Total Riverfield Verandah - Amenity Expenses	
$	-	$	10,471.50		$	(10,471.50)		$	31,414.50	

Field Expenses

Electric	$	4,545.19		$	4,000.00		$	545.19		$	12,000.00	
Equipment Rental	6,811.00		3,333.33		3,477.67		10,000.00	
General Insurance	2,960.00		939.67		2,020.33		2,819.00	
Property & Casualty Insurance	14,272.00		2,417.00		11,855.00		7,251.00	
Water Reclaimed	3,642.46		5,000.00		(1,357.54)		15,000.00	
Irrigation - Repair and Maintenance	128.01		1,666.67		(1,538.66)		5,000.00	
Lake Maintenance	10,950.00		8,333.33		2,616.67		25,000.00	
Landscaping Maintenance & Material	32,291.00		50,000.00		(17,709.00)		150,000.00	
Landscape Improvements	11,025.00		3,333.33		7,691.67		10,000.00	
Contingency	250.00		-		250.00		-	
Equipment Repair & Maintenance	625.00		1,666.67		(1,041.67)		5,000.00	
Street Sweeping	8,982.50		1,666.67		7,315.83		5,000.00	
Lighting	366.38		666.67		(300.29)		2,000.00	
Streetlights - Leasing	-		11,666.67		(11,666.67)		35,000.00	
Total Field Expenses	$	96,848.54		$	94,690.01		$	2,158.53		$	284,070.00	

Total Expenses

  $	203,181.06  

  $	190,471.50	$	12,709.56	$	571,414.50  

Interest Income	$	16.72		$	-	$	16.72		$	-	
Total Other Income (Expense)	$	16.72		$	-	$	16.72		$	-	
Net Income (Loss)	$	(63,184.17)		$	-	$	(63,184.17)		$	-	

Income (Loss) from Operations Other Income (Expense)

$	(63,200.89)	$

-	$	(63,200.89)	$	-