Bonnet Creek Resort Community 
Development District 
Agenda 
December 7, 2023 


MINUTES OF MEETING 

BONNET CREEK RESORT 

COMMUNITY DEVELOPMENT DISTRICT 

 

 The regular meeting of the Board of Supervisors of the Bonnet Creek Resort Community 
Development District was held Thursday, November 2, 2023 at 2:00 p.m. in the Astor Ballroom 
in the Waldorf Astoria, 14200 bonnet Creek Resort Lane, Orlando, Florida. 

 

 Present and constituting a quorum were: 

 

 

 Randall Greene Chairman 

 Herb Von Kluge Assistant Secretary 

 Becky Frasier Assistant Secretary 

 Richard Scinta Assistant Secretary 

 

 

 Also Present were: 

 

 

 George Flint District Manager 

 Jan Carpenter District Counsel 

 Jim Nugent District Engineer 

 Clayton Smith Field Manager by telephone 

 Jarett Wright GMS 

 

 

 The following is a summary of the discussions and actions taken at the November 2, 2023 
meeting. An audio copy of the proceedings can be obtained by contacting the District Manager. 

 

FIRST ORDER OF BUSINESS Roll Call 

 Mr. Flint called the meeting to order and called the roll. 

 

SECOND ORDER OF BUSINESS Public Comment Period 

 There being no comments, the next item followed. 

 


THIRD ORDER OF BUSINESS Approval of the Minutes of the September 29, 
2023 Continued Meeting 

 

On MOTION by Mr. Greene seconded by Mr. Scinta with all in 
favor the minutes of the September 29, 2023 continued meeting 
were approved as presented. 

 

FOURTH ORDER OF BUSINESS Consideration of Fiscal Year 2023 Audit 
Engagement Letter from Berger Toombs 
Elam Gaines & Frank 

 

On MOTION by Mr. Scinta seconded by Mr. Von Kluge with all in 
favor the engagement letter with Berger Toombs to perform the 
Fiscal Year 2023 audit in an amount not to exceed $3,225 was 
approved. 

 

FIFTH ORDER OF BUSINESS Ratification of Contract Renewal with BDA 
Environmental Consultants 

A. Bonnet Creek 
B. Crosby Island 


 

On MOTION by Mr. Von Kluge seconded by Mr. Greene with all 
in favor the proposals from BDA Environmental Consultants for 
Fiscal Year 2024 for Bonnet Creek in the amount of $5,000 and 
Crosby Island in the amount of $4,500 were approved. 

 

SIXTH ORDER OF BUSINESS Consideration of Fiscal Year 2024 Aquatic 
Maintenance Renewal with Solitude 

 

On MOTION by Mr. Von Kluge seconded by Mr. Scinta with all in 
favor the Fiscal Year 2024 renewal with Solitude Lake 
Management in the amount of $2,892 was approved. 

 

SEVENTH ORDER OF BUSINESS Consideration of Maintenance and 
Indemnification Agreement for Golf Course 

 Ms. Carpenter stated this is the bridges for the Hilton and Signia expansion where we had 
a temporary agreement’ we now have a permanent maintenance indemnification agreement. Parc 
Hotels counsel has approved the form of agreement but is still doing some research on insurance. 


 

On MOTION by Mr. Greene seconded by Mr. Von Kluge with all 
in favor the maintenance and indemnification agreement with 
G/B/H Four Star, LLC and G/B/H Golf Course, LLC was approved 
in substantially final form. 

 

EIGHTH ORDER OF BUSINESS Consideration of Resolution 2024-01 
Amending the Fiscal Year 2023 Budget 

 Mr. Flint stated this is an amendment to the FY23 budget. If our total expenses exceed 
our total budget, we are required to amend the budget within 60-days of the end of the fiscal 
year. In our current year budget we maximized the amount of money we could transfer to the 
capital reserve because of the paving project. We recognized additional fund balance that wasn’t 
appropriated and transferred that this year. It ended up making our bottom-line expenses exceed 
our bottom-line budget. This amendment increases some line items, reduces others, it recognizes 
an additional $38,000 in carry forward and under the expenses some of the line items are 
adjusted up or down and we increased the transfer out to capital reserve by $100,000. The result 
of that is that our end of the year actuals is about $45,000 higher than what our total budget was. 

 

On MOTION by Mr. Von Kluge seconded by Mr. Greene with all 
in favor Resolution 2024-01 Amending the Fiscal Year 2023 
Budget was approved. 

 

NINTH ORDER OF BUSINESS Staff Reports 

A. Attorney 


 There being none, the next item followed. 

 

B. Engineer 
i. Review and Acceptance of Annual Engineer’s Report 


 This item completed prior to the meeting. 

 

ii. Status of Entry Monument Project Completion 


 Mr. Nugent stated we did a walkthrough of the completed work on the east side sign, 
where we had the impacts and they had no questions or comments; everything looked good on 
the east side. I asked that he send a confirmation email to that affect noting that all the 


landscaping that was not consistent with the terms of the settlement agreement have been 
addressed. 

 He was looking for a little more sod around the frontend of the west sign behind the back 
of curb up to where our sod starts because it was left a little bare. The RCID staff was supposed 
to take care of the irrigation. Sam said he would prepare a markup and send confirmation of the 
area that he wants sodded. There will probably be a small change order for the additional sod 
since we took some up, now we have to put it back with the last change order. The sign 
construction is effectively complete as long as we get these last two little details done. Clayton 
looked at it and thought it looked complete and 100% better. 

 One question came up about a clump of overgrown brush that is farther to the east side, in 
our easement but not part of the landscape area. The question was do we want to trim up that 
area. 

 George, Jan and I have to get together to discuss the mitigation costs and the Don Bell 
signs, counteroffer to what we figure the assessments were on an acreage basis. 

 

iii. Update of Status of Chelonia Parkway Repaving Project 


 Mr. Nugent stated the invitation to bid went out, and Middlesex, Ranger Construction, 
Preferred Materials and Timothy Rose Contractor plus a clearing house picked up bid 
documents. There was a series of questions and addendum no. 1 will go out today to all the 
prospective bidders. We had a voluntary prebid meeting onsite last week and Middlesex was the 
only contractor that attended. Bids are due on the 10th; I will put a bid tabulation together and 
circulate it for review and have it at the December board meeting. 

 

C. District Manager’s Report 
i. Consideration of Check Register 


 

On MOTION by Mr. Scinta seconded by Mr. Greene with all in 
favor the check register was approved. 

 

ii. Balance Sheet and Income Statement 


 A copy of the balance sheet and income statement were included in the agenda 
package. 


 

iii. Presentation of Arbitrage Rebate Calculation Report 


 Mr. Flint presented the arbitrage rebate calculation report for the special assessment 
refunding bonds, series 2016. 

 

On MOTION by Mr. Von Kluge seconded by Mr. Greene with all 
in favor the Arbitrage Rebate Calculation Report was accepted. 

 

D. Field Manager’s Report 


 Mr. Wright reviewed the field manager’s report, copy of which was included in the 
agenda package. 

 

TENTH ORDER OF BUSINESS Supervisor’s Requests 

 There being no comments, the next item followed. 

 

ELEVENTH ORDER OF BUSINESS Other Business 

 There being no comments, the next item followed. 

 

TWELFTH ORDER OF BUSINESS Adjournment 

 

On MOTION by Mr. Greene seconded by Mr. Scinta with all in 
favor the meeting adjourned at 2:29 p.m. 

 

 

 

 

 

 

Secretary/Assistant Secretary Chairman/Vice Chairman 

 

 


THIS IMPROVEMENT AGREEMENT (this “Contract”) is made effective as of the ______ 
day of __________________, 2023, (the “Effective Date”)by and between the Bonnet Creek 
Resort Community Development District , a local unit of special-purpose government established 
pursuant to Chapter 190, Florida Statutes (the “District”) and 
________________________________________, a Florida corporation (the “Contractor”). 

Background 

 A. District was established by an ordinance adopted by Orange County, Florida, for the 
purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including 
but not limited to roads, streets and associated surface water management, utilities, landscaping, irrigation, 
entry features and other infrastructure. 

 B. District is undertaking the development of real property within the District, which consists 
generally of Chelonia Parkway Resurfacing Project for the Bonnet Creek Resort Community 
Development District as more particularly described in the Proposal and the Plans defined below (the 
“Project”). 

 C. District desires to retain Contractor to provide certain construction and other services and 
activities in connection with the Project all in accordance with the plans, specifications, and other 
documents prepared by Donald W. McIntosh Associates, Inc. (the “Engineer” or “District Engineer”) 
and the terms and conditions of this Contract. 

 D. Contractor desires to perform such construction and other services and activities as more 
specifically described in this Contract. 

 In consideration of the covenants and agreements herein contained, and other good and valuable 
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as 
follows: 

ARTICLE 1. THE WORK OF THIS CONTRACT 
1.1. Contractor shall execute the entire work described in the Contract Documents listed in 
ARTICLE 6 and more particularly set forth on Exhibit “A” of this Contract or reasonably inferable by 
Contractor from the Contract Documents as necessary to produce the results intended by the Contract 
Documents including, without limitation, all labor, materials, equipment and services provided or to be 
provided by Contractor to fulfill Contractor’s obligations (collectively, the “Work”), except to the extent 
specifically indicated in the Contract Documents to be the responsibility of others. 



ARTICLE 2. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 
2.1. The “Date of Commencement” shall be the Effective Date of this Contract. 
Notwithstanding the foregoing, a Notice to Proceed will be issued based on an agreed upon start of the 
Contract Time, as hereinafter defined. 
2.2. Contractor shall diligently prosecute the Work and achieve Substantial Completion (as 
defined in Paragraph 14.2) within 45 days of the Effective Date of this Contract, and Final Completion (as 
defined in Paragraph 5.1) within 75 days of the Effective Date of this Contract, subject to any extensions 
of time provided herein. The dates for Substantial Completion and Final Completion are hereinafter 
sometimes individually and collectively referred to herein as the “Contract Time.” The parties agree that 
it would be extremely difficult and impracticable under the presently known and anticipated facts and 






circumstances to ascertain and fix the actual damages District would incur should Contractor delay in 
achieving Substantial Completion or Final Completion, or both, on or before the dates established. 
Accordingly, the parties agree that if Contractor fails to so achieve Substantial Completion and/or Final 
Completion by the dates established for the same pursuant to this ARTICLE 2, then District shall be entitled 
to recover liquidated damages in the amount of Five Hundred and No/100 Dollars ($500.00) for each 
calendar day beyond the dates established hereunder until Substantial Completion and/or Final Completion 
is achieved. 
2.3. Within ten (10) days of the Effective Date of this Contract, Contractor shall submit to the 
Engineer and District for approval a detailed schedule of Contractor’s operations showing that they conform 
to the Contract Time (“Contractor’s Detailed Schedule”). Contractor’s Detailed Schedule shall be 
attached hereto as Exhibit “B” and become a part of the Contract. In general, the Work shall be so 
scheduled as to expedite the completion of the Work and to interfere as little as possible with the operations 
of District and other contractors. 
3.1. District shall pay Contractor in current funds for Contractor’s proper performance of the 
Contract and the completion of the Work, the Contract Sum (including general conditions and Contractor’s 
overhead and profit) in an amount equal to 
_________________________________________________________ ($_________________), subject 
to authorized additions and deductions as provided in the Contract Documents. The parties acknowledge 
that Contractor’s proposal attached hereto as Exhibit “C” (the “Proposal”) contains a schedule of values, 
quantity estimates prepared by the Contractor and reviewed by the District Engineer and Engineer. In the 
event that the actual field quantities certified by Contractor vary from the estimates, Contractor will be 
responsible for any additional material necessary to complete the Work. Contractor’s unit costs specified 
in the Proposal shall be considered complete and includes, without limitation, all materials, equipment, 
labor, installation costs, overhead and profit. This Contract is a lump sum contract. The parties therefore 
acknowledge that Contractor’s lump sum cost breakdowns specified in the Proposal have been provided 
solely for the purpose of establishing the amounts set forth in Applications for Payment and unit prices for 
additional work to be provided pursuant to Change Orders. 
4.1. Based upon Applications for Payment substantially in the form of a standard EJCDC 
Document C-620 Pay Application, attached as Exhibit “D,” submitted to District Engineer by Contractor, 
including all supporting documentation as hereinafter provided, and Certificates for Payment (also referred 
to as the Certification of Contractor) as included within the Pay Application, when reviewed and 
recommended by District Engineer, District shall make progress payments on account of the Contract Sum 
to Contractor as provided below and elsewhere in the Contract Documents. Each Application for Payment 
shall cover one (1) calendar month, the first such period commencing on the Date of Commencement of 
this Contract and ending at the end of such month. Contractor shall submit to District Engineer for approval 
an Application for Payment on account of the Contract Sum in proportion to Work completed through the 
last day of the month prior to the current month in which the application is made. Each Application for 
Payment shall show the percentage of completion of the Work based upon Contractor’s estimate of the 
portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work 
during the period commencing on the date covered by the preceding Application for Payment (or the 
Effective Date of this Contract if no payments have been made) and ending on the last day of the month for 
which the Application for Payment is made (the “Application Period”). Except as otherwise expressly 
provided herein, no payment will be made for materials stored, whether on- or off-site, and in order for 
payment to be made for materials, they must be incorporated in the Work. Contractor’s estimate of the 





ARTICLE 3. CONTRACT SUM 
ARTICLE 4. PROGRESS PAYMENTS 



percentage of completion shall be subject to final review and certification by Engineer and District Engineer 
and approval by District. In addition to other required items, each Application for Payment shall be 
accompanied by the following, all in form and substance satisfactory to District and in compliance with 
applicable Florida Statutes: 
4.1.1. A duly executed and acknowledged Contractor’s Sworn Statement showing all 
subcontractors and material suppliers of all tiers (hereinafter “Subcontractors”) with whom Contractor has 
entered into subcontracts, the amount of such subcontract, the amount requested for any Subcontractor in 
the Application for Payment and the amount to be paid to the Subcontractor from such progress or final 
payment, together with duly executed Waivers of Construction Liens from all Subcontractors and, where 
appropriate, from sub-Subcontractors; 
4.1.2. Duly executed Waivers of Construction Liens from Contractor and all 
Subcontractors, establishing payment or satisfaction of the payment requested by Contractor in the 
Application(s) for Payment; and 
4.1.3. Such other information, documentation and materials as District or District 
Engineer may require. 



4.2. District Engineer shall review each Application for Payment and the supporting 
documentation and shall submit to District the Certificate for Payment certifying the amounts owed 
Contractor based on the percentage of completion of the Work for the Application Period, or reject the 
Application for Payment and return it to Contractor, together with a written explanation of the basis of 
District Engineer’s rejection thereof. If the Application for Payment and all supporting documentation is 
in accordance with the Contract Documents, payment shall be made to Contractor on or about the thirtieth 
(30th) day of the month in which such Application for Payment and Certificate for Payment is received. An 
Application for Payment received after the tenth (10th) of the month shall be payable in the subsequent 
month provided all conditions for payment have been satisfied. The amount paid pursuant to each 
Application for Payment shall be ninety percent (90%) of the amount certified by District Engineer in the 
applicable Certificate for Payment. District shall be entitled to retain ten percent (10%) of the value of the 
Work as certified by District Engineer as having been completed to assure the faithful performance of the 
Work and the other obligations hereunder by Contractor (hereinafter referred to as the “Retainage”). Any 
Retainage (less any amounts District is otherwise entitled to withhold pursuant to the Contract Documents) 
shall be paid to Contractor at the time of final payment. 
4.3. District Engineer may decline to certify payment and may withhold the Certificate for 
Payment in whole or in part to the extent necessary to reasonably protect District, if in District Engineer’s 
opinion, District Engineer is unable to certify that the quality and quantity of the Work is in accordance 
with the Contract Documents and the Application for Payment. District Engineer may also decline to certify 
a payment or, because of subsequently discovered evidence or subsequent observations, District Engineer 
may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may 
be necessary, in District Engineer’s opinion, to protect District from loss because of (1) defective Work not 
remedied; (2) third-party claims filed or reasonable evidence indicating probable filing of such claims; (3) 
failure of Contractor to make payments properly to Subcontractors for labor, materials or equipment; (4) 
reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) 
damage to District or another contractor; (6) reasonable evidence that the Work (or any portion thereof) 
will not be completed within the time periods specified herein; or (7) persistent failure by Contractor to 
carry out the Work in accordance with the Contract Documents. 
4.4. District shall have the right (but not the obligation), at any time, without further notice to 
Contractor, to pay directly or by joint check any laborers, Subcontractors or other persons or entities who 






are either listed in Contractor’s Sworn Statement or who have filed a lien or notice to owner under the 
Florida Construction Lien Law. 
5.1. Final payment, constituting the entire unpaid balance of the Contract Sum including the 
Retainage, shall be made by District to Contractor pursuant to an Application for Payment submitted by 
Contractor after the date when Contractor shall have completed all Work of the Contract in accordance with 
the Plans and Specifications described in Exhibit “E” hereof, District Engineer having first received notice 
of acceptance of the work by Engineer who shall have certified that the Work has been completed in 
accordance with the Contract Documents and is capable of being beneficially occupied or used for its 
intended purpose, Contractor’s obligations are fully performed in accordance with the Contract Documents, 
a satisfactory final inspection has been completed by the applicable governmental authorities, including, 
without limitation, Orange County, Contractor has obtained a certificate of completion therefor and all 
punchlist items have been completed to Engineer, Orange County and District’s satisfaction (“Final 
Completion”). In addition, before final payment is due, Contractor shall deliver certain items to District, 
including, but not limited to, (1) all maintenance and operating manuals, (2) As-Built Drawings signed and 
sealed by a Professional Land Surveyor reflecting “as-built” conditions, including the location of any 
concealed utilities, mechanical or electrical systems and components along with an AutoCAD digital file 
of the as-builts, (3) any special guarantees or warranties required by the Contract Documents, (4) 
assignments of all guarantees and warranties from Subcontractors, vendors, suppliers or manufacturers, (5) 
a list of the names, addresses, and telephone numbers of all Subcontractors and any other persons providing 
guarantees and warranties, (6) satisfactory evidence that all testing requirements have been met, and (7) if 
requested and paid for by District, any bonds. 
6.1. The Contract Documents are enumerated on Exhibit “A” hereto. 
6.2. In the event anything contained in any of the other Contract Documents conflicts with the 
terms and conditions of this Contract, the terms and conditions of this Contract shall govern and control. 
7.1. The intent of the Contract Documents is to include all items necessary for the proper 
execution and completion of the Work by Contractor. The Contract Documents are complementary, and 
what is required by one shall be as binding as if required by all. Performance by Contractor shall be required 
to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary 
to produce the intended results. In general, the Plans will show dimensions, positions, type of construction, 
and the Specifications will define materials, qualities, and methods. Work not particularly detailed, marked 
or specified shall be the same as similar parts that are detailed, marked or specified. The Plans shall be 
accurately followed as to scale, except where figures are given for dimensions, which shall in all cases, be 
taken in preference to the scale measurements. Large size details take precedence over small drawings in 
all cases. In the case of discrepancies or ambiguities between the Plans and Specifications, the 
Specifications shall govern. Should there be any error in the Plans or Specifications, Contractor shall notify 
District Engineer at once and District Engineer will issue instructions to Contractor. If Contractor proceeds 
without notifying District Engineer and/or complying with District Engineer’s instructions, Contractor shall 
be fully responsible for any resulting damage or defects. For convenience, the Specifications may be 
arranged in various trade sections, but such segregation shall not be considered as limiting the Work of any 
subcontracts or trade and District will not be responsible for any division of Work by subcontracts. Unless 





ARTICLE 5. FINAL PAYMENT 
ARTICLE 6. ENUMERATION OF CONTRACT DOCUMENTS 
ARTICLE 7. CONTRACT DOCUMENTS 



otherwise provided, Contractor shall be solely responsible for all subcontract arrangements of Work, 
regardless of the location or provision in the Specifications. 
7.2. The Contract Documents shall not be construed to create a contractual relationship of any 
kind (i) between District Engineer and Contractor, (ii) between District and a Subcontractor or sub- 
Subcontractor or (iii) between any persons or entities other than District (and its assignees, if any) and 
Contractor. 
7.3. Execution of the Contract by Contractor is a representation that Contractor has visited the 
Project site and become familiar with the local and any special conditions under which the Work is to be 
performed. 
7.3.1. Contractor represents and warrants that its investigation of the Project site was 
performed in detail and was sufficient to disclose the condition of the Project site and all improvements 
thereon, and the conditions under which the Work is to be performed, including, without limitation (i) the 
location, condition, layout, and nature of the Project site and surrounding areas, (ii) continued use and 
occupancy of all buildings and improvements located on or adjacent to the Project site, (iii) anticipated 
labor supply and costs, (iv) availability and cost of materials, tools, and equipment, and (v) other similar 
issues pertinent to the performance of the Work. Contractor shall make its own investigation to determine 
the exact location of all existing and proposed utility lines and other subsurface structures, including soil 
conditions, prior to doing any Work and shall not rely on any information set forth in the Plans and 
Specifications with respect thereto. Contractor shall be fully responsible for taking all necessary steps to 
avoid damage to subsurface utility lines and structures and to prevent interference or disruption of utility 
service. 



7.4. District assumes no responsibility or liability for the physical condition or safety at the 
Project site or of any improvements thereon. Contractor shall be solely responsible for providing a safe 
place for the performance of the Work. 
7.5. Contractor hereby acknowledges and agrees that any information, materials, and test data 
furnished to Contractor by District or District Engineer, excepting the Plans and Specifications, are supplied 
solely for the convenience of Contractor. District makes no representation or warranty regarding the 
accuracy, completeness, or adequacy of such information, materials, and data, and Contractor must verify 
independently that such items are sufficient to be relied upon in connection with the Work. 
7.6. District shall not be required to make any adjustment in either the Contract Sum or Contract 
Time in connection with any failure by Contractor to comply with the requirements of paragraph 7.3 
through 7.5. 
7.7. Whenever in the Specifications or Plans, any material or process is indicated or specified 
by patent or proprietary name and/or by name of manufacturer, such item shall be deemed to be used for 
the purpose of facilitating description of the material and/or process desired and shall be deemed to be 
followed by the words “or District-approved equivalent.” 
8.1. District shall secure and pay for necessary approvals, easements, assessments and charges 
required for the construction; provided, however, that any approvals, easements, assessments, and charges 
required in connection with Contractor’s construction means, methods, techniques, sequences, or 
procedures are solely the responsibility of Contractor, regardless of the availability of any other construction 
means, methods, techniques, sequences, or procedures. 





ARTICLE 8. DISTRICT 



8.2. If Contractor fails to correct Work which is not in accordance with the requirements of the 
Contract Documents or in District’s reasonable judgment fails to carry out the Work in accordance with the 
Contract Documents, District, by a written order, may order Contractor to stop the Work, or any portion 
thereof, until the cause for such order has been eliminated; however, the right of District to stop the Work 
shall not give rise to a duty on the part of District to exercise this right for the benefit of Contractor or any 
other person or entity. Notwithstanding the foregoing, however, District shall not be responsible for, and 
will not have control or charge of, construction means, methods, techniques, sequences or procedures, or 
for safety precautions and programs in connection with the Work, and shall not be responsible for 
Contractor’s failure to carry out the Work in accordance with the Contract Documents. District shall not 
be responsible for or have control or charge over the acts or omissions of Contractor, Subcontractors or any 
of their agents or employees or any other persons performing any of the Work. 
8.3. District shall provide Contractor with only horizontal and vertical control for construction 
surveying. Construction stakeout and surveying is the responsibility of Contractor. 
9.1. Contractor shall lay out its Work as established by the Plans and shall be responsible for 
all measurements and construction stakeout in connection therewith. Contractor shall, at its own expense, 
furnish templates, platforms, equipment, and labor that may be required in setting or laying out any part of 
the Work. Contractor will be held responsible for the proper execution of the Work to such lines and grades 
as may be established or indicated by District Engineer from time to time in the Plans and Specifications. 
One set of horizontal and vertical control will be provided by District Engineer at District’s expense. 
Contractor will be responsible for the cost of any restaking of horizontal and vertical control required by 
Contractor. It is Contractor’s responsibility to protect construction stakes for as long as they are needed. 
Lot corners, designated by survey laths, must be available at Final Completion to verify accuracy of As- 
Built Drawings. It shall also be the responsibility of Contractor to protect all other established markers or 
survey monuments. Should it be necessary to remove any such markers or monuments, Contractor shall 
have them referenced and replaced by District Engineer at the expense of Contractor. 
9.2. Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. 
Contractor shall be solely responsible for and have control over construction means, methods, techniques, 
sequences and procedures and for coordinating all portions of the Work under the Contract, unless Contract 
Documents give other specific instructions concerning these matters. Contractor accepts the relationship 
of trust and confidence established between it and District under this Contract. Contractor covenants and 
agrees with District to furnish its best skill and judgment and to cooperate with District Engineer and any 
separate contractors in furthering the interests of District. Contractor further agrees to furnish efficient 
business administration and superintendence, to furnish at all times an adequate supply of workers and 
materials, and to perform the Work in the best way and in the most expeditious and economical manner 
consistent with the interests of District. 
9.3. Unless otherwise specifically provided in the Contract Documents, Contractor shall 
provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, 
heat, utilities, transportation, and other facilities and services necessary for the proper execution and 
completion of the Work, whether temporary or permanent and whether or not incorporated or to be 
incorporated in the Work. 
9.4. Contractor shall enforce strict discipline, safety and good order among Contractor’s 
employees and other persons carrying out the Contract. 





ARTICLE 9. CONTRACTOR 



9.5. Contractor shall furnish only skilled and properly trained staff for the performance of the 
Work. The key members of Contractor’s staff shall be personnel agreed upon with District as follows: 
9.6. Contractor warrants to District and District Engineer that materials and equipment 
furnished under the Contract will be of good quality and new unless otherwise required or permitted by the 
Contract Documents, that the Work will be free from defects not inherent in the quality required or 
permitted, and that the Work will conform to the requirements of the Contract Documents. Work not 
conforming to these requirements, including substitutions not properly approved and authorized, may be 
considered defective. If required by District Engineer, Contractor shall furnish satisfactory evidence as to 
the kind and quality of materials and equipment. 
9.7. Contractor warrants to the District that all work shall be constructed with asbestos 
free materials. Contractor agrees that if materials containing asbestos are subsequently discovered 
at any future time to have been included in the construction done by the Contractor or any of its 
Subcontractors or agents and were not specified in the design or required by the Agreement, the 
Contractor shall be liable for all costs related to the abatement of such asbestos and damages or 
claims against the District. 
9.8. Contractor warrants to the District that for any bad or defective base material, as 
identified by the District Engineer or the District’s authorized representative in their sole and 
absolute discretion, Contractor shall replace, at minimum, four (4) inches of the defective base 
material with new asphalt. 
9.9. Unless otherwise provided in the Contract Documents, Contractor shall pay sales, 
consumer, use, and other similar taxes legally enacted when bids are received or negotiations concluded, 
whether or not yet effective or merely scheduled to go into effect. 





Superintendent: 

Phone No. during working hours: 

Mobile Phone No.: 

Phone No. after hours, weekends 

 and holidays: 

Senior Project Manager: 

Phone No. during working hours: 

Facsimile during working hours: 

Mobile Phone No.: 

Phone No. after hours, weekends 

 and holidays: 

Such key members of Contractor’s staff shall be authorized to represent Contractor in connection with all 
aspects of the Project, including, without limitation, decisions affecting the performance of the Work, and 
shall be available to respond to District on a 24-hour-a-day, seven-days-a-week basis. Such key members 
shall not be changed without the written consent of District, unless such personnel become unable to 
perform any required duties due to death, disability, or termination of employment with Contractor. District 
and Contractor shall agree on mutually acceptable substitute personnel, if any. In the event any such key 
member shall be unable to act as District’s contact with Contractor during any 24-hour period, Contractor 
shall notify District of such key member’s unavailability prior thereto and the parties shall mutually agree 
upon Contractor’s personnel to act in a substitute contact capacity during the period of such key member’s 
unavailability. 


9.10. Contractor shall, at its expense, give all necessary notices and cause all Work done and 
materials and equipment furnished pursuant to the Contract Documents to comply strictly with all 
applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter referred 
to collectively as “Legal Requirements”). Further, Contractor covenants and warrants that it shall observe 
and comply strictly with all Legal Requirements in connection with the performance of the Work or 
otherwise. Contractor shall take and observe all necessary measures and precautions for the safety and 
protection of all property and persons in connection with the performance of the Work, including, without 
limitation, complying with all laws, ordinances and safety regulations. Contractor shall be responsible to 
District for the acts and omissions of Contractor’s employees, Subcontractors and their agents and 
employees and other persons performing portions of the Work under a contract with Contractor. 
9.11. Contractor shall review, approve and submit to District Engineer four (4) copies of any 
Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents or 
required for the prosecution of the Work in the shop or in the field, with reasonable promptness prior to 
performing any Work relating to said material(s) or method(s). The Work shall be in accordance with 
District Engineer, Engineer and County approved submittals. When professional certification of 
performance criteria of materials, systems or equipment is required by the Contract Documents, District 
Engineer shall be entitled to rely upon the accuracy and completeness of such certifications. Where 
specifically provided for in the Contract Documents, the inspection, testing of materials and finished articles 
to be incorporated in the Work shall be made by bureaus, laboratories or agencies approved by District 
Engineer. The cost of such inspection and testing shall be paid by District. Contractor shall furnish evidence 
satisfactory to District Engineer that the materials and finished articles have passed the required tests prior 
to the incorporation of such materials and finished articles in the Work. Contractor shall promptly segregate 
and remove rejected materials and rejected finished articles from the site of the Work. The purpose of shop 
drawings and other submittals is to demonstrate that Contractor understands the design concept, by 
indicating equipment and material it intends to furnish, and the fabrication and installation methods it 
intends to use. Sufficiently detailed shop drawings, supplemental drawings and technical data shall be the 
means to this end. 
9.11.1. Contractor shall maintain at the Project site, and shall make available to District 
and District Engineer, one record copy of the Plans (the “Record Drawings”) in good order. The Record 
Drawings shall be prepared and updated during the prosecution of the Work. The prints for Record Drawing 
use will be a set of the Plans provided by District Engineer to Contractor at the start of construction. 
Contractor shall maintain said set in good condition and shall use colored pencils to markup said set with 
“record information” in a legible manner to show: (i) deviations from the Plans made during construction; 
(ii) details in the Work not previously shown; (iii) changes to existing conditions or existing conditions 
found to differ from those shown on any existing Plans; (iv) the actual installed position of equipment, 
piping, conduits, utilities, etc.; and (v) such other information as either District or District Engineer may 
reasonably request. At the completion of the Work, Contractor shall deliver to District or District Engineer 
a plan showing all information included in the Record Drawings as required above and certified by a 
Professional Land Surveyor (the “As-Built Drawings”). Final payment and any Retainage shall not be due 
and owing to Contractor until the final As-Built Drawings above are delivered to District. 



9.12. Contractor shall keep the premises and surrounding area free from accumulation of waste 
materials or rubbish caused by operations under the Contract. At completion of the Work Contractor shall 
remove from and about the Project waste materials, rubbish, Contractor’s tools, construction equipment, 
machinery and surplus materials. Contractor acknowledges that a Stormwater Pollution Prevention Plan 
(“SWPPP”) has been created by Developer and made a part of the Plans and Specifications by reference 
and that Contractor is bound by the provisions of the SWPPP with respect to the Work. 






9.13. Contractor shall provide District and District Engineer access to the Work in preparation 
and progress wherever located. Contractor will attend regularly scheduled on-site meetings held by District 
and District Engineer. 
9.14. Contractor shall pay all royalties and license fees; shall defend suits or claims for 
infringement of patent rights and shall hold District harmless from loss on account thereof, but shall not be 
responsible for such defense or loss when a particular design, process or product of a particular 
manufacturer or manufacturers is required by the Contract Documents unless Contractor has reason to 
believe that there is an infringement of patent. 
9.15. Contractor, its employees, agents and subcontractors shall defend, hold harmless and 
indemnify the District, its directors, officers, employees, representatives and agents against any claims, 
damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent 
caused by any actions or inactions of Contractor, and other persons employed or utilized by Contractor in 
the performance of this Contract or the Work or services performed thereunder. This indemnification 
agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this 
Contract or otherwise. Nothing in this Contract shall be deemed as a waiver of immunity or limits of 
liability of the District beyond any statutory limited waiver of immunity or limits of liability which may 
have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and 
nothing in this Contract shall inure to the benefit of any third party for the purpose of allowing any claim 
which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. 
9.15.1. In claims against any person or entity indemnified under Paragraph 9.15 by an 
employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for 
whose acts they may be liable, the indemnification obligation under Paragraph 9.13 shall not be limited by 
a limitation on amount or type of damages, compensation or benefits payable by or for Contractor or a 
Subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee 
benefit acts. 



9.16. District reserves the right to request the removal from the Work of any of Contractor’s 
personnel or any Subcontractor or worker, who, in the reasonable discretion of District, is not properly 
performing its duties in accordance with the Contract Documents or is interfering with the operations of 
any facility on or adjacent to the Project site. 
9.17. Contractor shall keep the Project site clean and free from rubbish, excess debris, surplus 
and waste material and shall remove the same from the Project site as the Work progresses, as and when 
required by the Contract Documents. If Contractor fails to do so after three (3) days’ notice from District, 
District may remove same at Contractor’s expense. In the event District undertakes the removal of same 
from the Project site, such removal will in no way qualify or limit Contractor’s obligations under the 
Contract Documents, including, without limitation, Contractor’s indemnity obligations under Paragraph 
9.13 hereof. 
9.18. Contractor acknowledges and agrees that Contractor has carefully studied and analyzed the 
Contract Documents. Contractor agrees that Contractor’s acknowledgment of the sufficiency and adequacy 
of the Contract Documents, in light of the conditions observed by Contractor pursuant to Paragraph 7.3 
hereof, has been an inducement to District to enter into this Contract. By proceeding with the Work, 
Contractor indicates that: (i) all details, construction procedures and materials shown or specified in the 
Contract Documents are consistent with sound, standard and acceptable practices within the construction 
industry, and (ii) Contractor is willing and able to construct the Work in accordance with all requirements 
of the Contract Documents within the Contract Time and for the Contract Sum. If Contractor performs any 
portion of the Work knowing it to be in error or in violation of any Legal Requirement or which, from 






Contractor’s review of the Contract Documents, Contractor knew, or should have known, that the design 
of the Project or the Contract Documents contained errors, omissions, inconsistencies or discrepancies, 
Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 
9.19. Contractor shall furnish adequate forces, equipment, materials and shall work such hours 
as necessary to complete the Work (or any phase thereof) within the time periods specified herein. In the 
event District or District Engineer determines that the progress of the Work is insufficient to assure 
completion of the Work (or any portion thereof) within the time periods specified herein, then Contractor, 
upon notice by District or District Engineer, shall take such steps as District Engineer may deem necessary 
to improve Contractor’s progress at Contractor’s sole cost and expense. 
10.1. District Engineer will assist Engineer in connection with the administration of the Contract. 
10.2. District Engineer will visit the site at intervals appropriate to the stage of construction to 
become generally familiar with the progress and quality of the completed Work and to determine if the 
Work is being performed in accordance with the Contract Documents. However, District Engineer will not 
be required to make exhaustive or continuous on-site inspections to check quality or quantity of the Work. 
On the basis of on-site observations, District Engineer will keep District informed of progress of the Work 
and will endeavor to guard District against defects and deficiencies in the Work and any violation of Legal 
Requirements. 
10.3. District Engineer will not have control over or charge of and will not be responsible for 
construction means, methods, techniques, sequences or procedures, or for safety precautions and programs 
in connection with the Work, since these are solely Contractor’s responsibility as provided in Paragraphs 
9.2 and 16.1. 
10.4. Based on District Engineer’s observations and evaluations of Contractor’s Applications for 
Payment, District Engineer will review and certify the amounts due Contractor and will issue Certificates 
for Payment in such amounts as herein provided. 
10.5. District Engineer will interpret and decide matters concerning performance under and 
requirements of the Contract Documents on written request of either District or Contractor. District 
Engineer will make recommendations to District on all claims, disputes or other matters in question between 
District and Contractor, but will not be liable for results of any interpretations or recommendations rendered 
in good faith. The Engineer’s decisions in matters relating to aesthetic effect will be final if consistent with 
the intent expressed in the Contract Documents. 
10.6. District Engineer will have authority to reject Work which does not conform to the Contract 
Documents. 
10.7. District Engineer will review and approve or take other appropriate action upon 
Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose 
of checking for conformance with information given and the engineering and design concept expressed in 
the Contract Documents. 
11.1. Contractor shall contract with responsible Subcontractors from a list approved by District 
Engineer and shall take into consideration any recommendations District Engineer may make with respect 





ARTICLE 10. ADMINISTRATION OF THE CONTRACT 
ARTICLE 11. SUBCONTRACTS 



to the bids. Contractor shall not contract with any Subcontractor to whom District Engineer has made 
reasonable objection. Contracts between Contractor and Subcontractors shall be in writing and (1) require 
each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to 
Contractor by the terms of the Contract Documents, and to assume toward Contractor all the obligations 
and responsibilities which Contractor, by the Contract Documents, assumes toward District and District 
Engineer, and (2) allow the Subcontractor with respect to Contractor the benefit of all rights, remedies and 
redress afforded to Contractor with respect to District by these Contract Documents. 
12.1. District reserves the right to award separate contracts in connection with other portions of 
the Project or other construction or operations on the site. If Contractor claims that delay or additional cost 
is involved because of such action by District, Contractor shall make such claim as provided elsewhere in 
the Contract Documents. 
12.2. Contractor shall afford separate contractors reasonable opportunity for the introduction and 
storage of their materials and equipment and performance of their activities, and shall connect and 
coordinate Contractor’s construction and operations with theirs as required by the Contract Documents. 
12.3. Costs caused by Contractor, delays, improperly timed activities or defective construction 
shall be borne by Contractor. 
12.4. Contractor shall, as part of the Work, provide for the coordination of work to be performed 
by each separate contractor engaged by District, if any, with the Work to be performed by Contractor or its 
Subcontractors of any tier. Contractor shall use its best efforts to cooperate with District and all separate 
contractors, their subcontractors and any other entity involved in the performance of the Work. In order to 
cause the Work and any work to be performed by separate contractors to be completed in an expeditious 
manner, Contractor agrees that it will use all reasonable efforts in order to ensure that such separate 
contractors have a reasonable opportunity to complete their work as and when required. 
12.5. If any part of the Work depends upon the proper performance of the work of a separate 
contractor, Contractor shall, prior to proceeding with the Work, promptly report to District any apparent 
discrepancies or defects in such other work that render it unsuitable and prevent Contractor from proceeding 
expeditiously with the Work. Failure of Contractor to report such deficiencies or defects shall constitute 
an acceptance of such separate contractor’s work as fit and proper to receive the Work. 
12.6. If Contractor wrongfully causes damage to the Work or property of District, Contractor 
shall promptly remedy such damage. If Contractor wrongfully causes damage to the work or property of 
any separate contractor, Contractor shall promptly attempt to settle any resulting dispute or claim with such 
other contractor. 
13.1. District, without invalidating the Contract, may order changes in the Work consisting of 
additions, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. 
Such changes in the Work shall be authorized by written Change Order signed by District, Contractor and 
District Engineer, or by written Construction Change Directive signed by District and District Engineer. 
13.2. The Contract Sum and Contract Time shall be changed only by Change Order. Any 
adjustment to the Contract Sum by Change Order shall be in a lump sum amount mutually acceptable to 





ARTICLE 12. CONSTRUCTION BY SEPARATE CONTRACTORS 
ARTICLE 13. CHANGES IN THE WORK 



District and Contractor or based upon the unit costs set forth in the Proposal attached hereto as Exhibit “C” 
or as may be more particularly described in the Schedule of Values included within Exhibit “C”. 
13.3. The cost or credit to District from a change in the Work shall be determined by mutual 
agreement between District and Contractor. 
13.4. Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time 
for any concealed or unknown condition encountered in the performance of the Work if such condition: 
13.4.1. is of a usual nature or does not differ materially from those ordinarily encountered 
and generally recognized as inherent to work of the nature provided for in this Contract; 
13.4.2. is of a usual nature or does not differ materially from those conditions disclosed or 
which could have been investigated or were reasonably inferable from Contractor's prior Work or should 
have been reasonably inferable by Contractor from the Contract Documents and field conditions at the 
Project site; or 
13.4.3. is of a nature which Contractor should reasonably have known or anticipated based 
on the area in which the Project is located, the type of construction involved and the practices prevalent in 
the construction industry. 
13.4.4. Notwithstanding the foregoing, however, if Contractor makes a proper claim for 
an adjustment in the Contract Time or Contract Sum regarding special or concealed conditions which do 
not fall into the categories set forth above, District Engineer will promptly investigate such conditions. If 
such conditions differ materially and cause an increase or decrease in Contractor’s cost of, or time required 
for, performance of any part of the Work, and Contractor has timely and properly made its claim, District 
Engineer will recommend an equitable adjustment in the Contract Time or Contract Sum, or both. If District 
Engineer determines that the conditions at the site are not materially different from those indicated in the 
Contract Documents and that no change in either or both of Contract Time and Contract Sum is justified, 
then District Engineer shall so notify District and Contractor in writing, stating the reasons. For any claim 
for an adjustment in the Contract Time or Contract Sum to be made properly, such claim must be made by 
Contractor in writing with specific detail as to the special or concealed condition, and such notice shall be 
given to District and District Engineer promptly before conditions are disturbed, and in no event later than 
five (5) days after first observance of any such conditions. If Contractor is entitled to an adjustment in the 
Contract Time and/or Contract Sum, Contractor shall make such claim within the five (5) day period. If 
such claim is not timely and properly made, it shall be considered waived. In no event shall the existence 
of any concealed or unknown conditions qualify or limit any of Contractor’s obligations under the Contract 
Documents, including, without limitation, the indemnity obligations set forth in Paragraph 9.13. 



13.5. If District and Contractor are unable to agree on the amount of any cost or credit to District 
resulting from a change in the Work, Contractor shall promptly proceed with, and diligently prosecute, such 
change in the Work and the cost or credit to District resulting therefrom shall be determined on the basis of 
the reasonable expenditures and savings of Contractor attributable to any such change. Contractor shall 
keep and present to District an itemized accounting, together with appropriate supporting documentation, 
for use in determining the cost or credit to District. 
14.1. TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE 
ESSENCE OF THIS CONTRACT. By executing this Contract Contractor confirms that each component 





ARTICLE 14. TIME 



of the Contract Time is a reasonable period for performing the Work. Contractor shall diligently expedite 
the Work and achieve Substantial Completion and Final Completion within the applicable Contract Time. 
14.2. The date of Substantial Completion is the date certified by District Engineer (in accordance 
with Paragraph 15.3) that the entire Work is sufficiently complete in accordance with the Contract 
Documents so District can possess and utilize the Work for its intended use, as evidenced by Orange 
County’s willingness to issue such approvals, certifications or similar documentation with respect to the 
Project. Notwithstanding anything contained in the Contract Documents, the Work shall not be deemed 
Substantially Complete unless and until it complies with all Legal Requirements and all requirements of 
the Contract Documents. 
14.3. If Contractor is delayed at any time in progress of the Work by changes ordered in the 
Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not 
reasonably anticipatable, unavoidable casualties or any causes beyond Contractor’s control, or by other 
causes which District Engineer determines may justify delay, then the Contract Time shall be extended by 
Change Order for such reasonable time as District may determine. 
14.4. Notwithstanding anything contained to the contrary in this Contract or the Contract 
Documents, an extension of time in which to complete the Work shall be Contractor’s sole remedy for 
delay, any hindrance in performance of Work, loss in productivity, impact damages or other similar claims 
unless caused by acts constituting intentional interference by District with Contractor’s performance of the 
Work, but only to the extent that such acts continue after Contractor’s notice to District of such interference. 
District’s reasonable exercise of any of its rights or remedies under the Contract Documents, regardless of 
the extent or frequency, shall not under any circumstances be construed as intentional interference with 
Contractor’s performance of the Work. 
14.5. Extensions in the Contract Time shall be granted only to the extent that such delay: (1) 
warrants an extension in the scheduled completion of the Work, (2) has not been caused by Contractor, (3) 
is of a duration of not less than three (3) days, (4) is grounds for an extension in the Contract Time under 
the Contract Documents, and (5) is in addition to any time contingency periods set forth in Contractor’s 
critical path for completion of the Work. 
15.1. Payments shall be made as provided in ARTICLE 4 and ARTICLE 5 of this Contract. 
15.2. Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed, 
(3) failure of Contractor to make payments properly to Subcontractors or for labor, materials or equipment, 
(4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) 
damage to District or another contractor, (6) reasonable evidence that the Work will not be completed within 
the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages 
for the anticipated delay, or (7) failure in District’s reasonable judgment to carry out the Work in accordance 
with the Contract Documents. 
15.3. When District Engineer has completed its inspection of the Work and determines that the 
Work is Substantially Complete, District Engineer will issue a Certificate of Substantial Completion in the 
form attached as Exhibit “G”. Prior to issuance of a Certificate of Substantial Completion, however, 
Contractor, District, District Engineer and applicable governmental authorities shall inspect the Work and 
shall prepare a list of items to be completed or corrected by Contractor (the “Punchlist”). Such inspection 
and Punchlist, however, shall not relieve Contractor of its responsibility to correct any Work which is 
defective or does not otherwise conform with the requirements of the Contract Documents. The Certificate 





ARTICLE 15. PAYMENTS AND COMPLETION 



of Substantial Completion shall state the responsibilities of Contractor for completion of the items on the 
approved Punchlist. Warranties required by the Contract Documents shall commence on the date of Final 
Completion. Contractor’s acceptance of the Punchlist and agreement to complete the Work specified in the 
Punchlist within the time specified for Final Completion, shall be a condition precedent to District 
Engineer’s issuance of its Certificate of Substantial Completion. The failure to include any item on the 
Punchlist shall not alter the responsibility of Contractor to complete all Work in accordance with the 
requirements of the Contract Documents. 
15.4. Final payment shall not become due until Contractor has delivered to District a complete 
release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment 
for which a lien could be filed, or a bond satisfactory to District to indemnify District against such lien. If 
such lien remains unsatisfied after payments are made, Contractor shall refund to District all money that 
District may be compelled to pay in discharging such lien, including all costs and reasonable attorneys’ 
fees. 
15.5. Acceptance of final payment by Contractor, a Subcontractor or material supplier shall 
constitute a waiver and release of all claims by that payee except those previously made in writing and 
identified by that payee as unsettled at the time of final Application for Payment. The District’s review 
of, approval and acceptance of, or payment for the materials or services required under this 
Contract does not operate as a waiver of any rights under this Contract, or of any cause of action 
arising out of the performance of this Contract. Contractor is and will always remain liable to 
District in accordance with applicable law for any and all damages to District caused by 
Contractor’s negligent or wrongful provision of any of the materials or services provided under 
this Contract. 
15.6. Contractor warrants that (1) title to all Work, materials and equipment will pass to District 
(or its assignee) upon the receipt of payment by Contractor, free and clear of all liens, claims, security 
interests or encumbrances (collectively referred to as “liens”) and (2) Contractor shall acquire no work, 
materials or equipment whether directly or through a Subcontractor, subject to an agreement under which 
a lien is retained by the seller or otherwise imposed by Contractor, any Subcontractor or any other person 
or entity. Contractor also shall defend District (or its assignee), at Contractor’s sole cost and expense, 
against any actions, lawsuits or proceedings brought against District (or its assignee) as a result of liens 
filed against the Project site or otherwise. Contractor hereby indemnifies, defends and holds harmless 
District (or its assignee) against any such liens or claims for lien and agrees to pay any judgment or lien 
against District (or its assignee) or District’s (or District’s assignee’s) property resulting from any such 
actions, lawsuits or proceedings brought to enforce any such lien or claim. 
15.6.1. Notwithstanding anything to the contrary herein contained, District reserves the 
right to settle any disputed construction lien claims by direct payment to the lien claimant by District, if 
District, in its sole discretion, determines such payments are the most economical or advantageous method 
of settling any dispute. Contractor shall promptly reimburse District for such payment upon demand or 
District may elect to deduct the amount(s) of any such payment(s) from the Contract Sum. 
15.6.2. District may, in its sole discretion, release any payments withheld due to any 
construction lien if Contractor obtains a lien bond which is: (1) in form and substance satisfactory to District 
and (2) in an amount not less than One Hundred Fifty percent (150%) of such lien claim plus interest thereon 
at the statutory rate for a period of three years, and collateralized in a manner that is satisfactory to District. 
By posting a lien bond, Contractor shall not be relieved of any responsibilities or obligations under this 
Paragraph 15.6, including, without limitation, the duty to defend and indemnify District. The costs of any 









premiums incurred in connection with such bonds shall be the responsibility of Contractor and shall not be 
part of or cause any increase in the Contract Sum. 



15.7. Contractor shall promptly pay each Subcontractor upon receipt of payment from District 
out of the amount paid to Contractor on account of any Work performed by Subcontractors. District shall 
not have any obligation to pay or to cause payment of monies to any Subcontractor. Contractor shall not 
make requests for payment of monies if Contractor does not intend to pay same to Subcontractor(s). 
15.8. No Certificate for Payment, nor any payment by District, nor any partial or entire use of 
the Project by District, shall constitute an acceptance of any Work not performed in accordance with Legal 
Requirements and the Contract Documents. 
15.9. To the fullest extent permitted by law, Contractor covenants and agrees that no liens shall 
be filed or maintained by it against the Work or the Project site or premises or District’s funds or otherwise, 
for or on account of any such Work done or labor, equipment, materials or services furnished by it in 
connection with any such Work. 
16.1. Contractor shall be responsible for initiating, maintaining, and supervising all safety 
precautions and programs in connection with the performance of the Contract including, but not limited to, 
the completion of the Work. Contractor shall use its best efforts to provide for the safety and protection of 
the Work, all persons who may come in contact with the Work, and all real and personal property located 
at or adjacent to the Project site. Without limitation to the foregoing, Contractor shall, at Contractor’s sole 
cost and expense, take precautions for the safety of, and shall provide protection to prevent damage, injury, 
or loss to: 
16.1.1. employees on the Work and other persons who may be affected thereby; 
16.1.2. the Work and materials and equipment to be incorporated therein; and 
16.1.3. other property at the Project site or adjacent thereto. 



16.2. District reserves the right to bar access to any individual for reasonable security reasons. 
Furthermore, District reserves the right to limit the location of entries to the Project which may be used by 
Contractor, Subcontractors, sub-Subcontractors, or any party for whom any of them may be responsible. 
16.3. A reasonable amount of space at the Project site will be assigned to Contractor and all 
materials and equipment shall be kept within this area. Contractor shall be responsible for leaving the 
storage site in the same condition as when possession of the storage site was delivered to Contractor. In 





ARTICLE 16. PROTECTION OF PERSONS AND PROPERTY 


Contractor shall give notices and comply with all Legal Requirements, ordinances, rules, regulations and 
lawful orders of public authorities bearing on safety of persons and property and their protection from 
damage, injury or loss including, without limitation, the safety recommendations set forth in Accident 
Prevention in Construction, latest edition published by the Associated General Contractors of America. 
Contractor shall promptly remedy all damage and loss to property at the site caused in whole or in part by 
Contractor, a Subcontractor, a sub-Subcontractor, or anyone directly or indirectly employed by any of them, 
or by anyone for whose acts they may be liable, except for damage or loss attributable to acts or omissions 
of District or District Engineer or by anyone for whose acts either of them may be liable, and not attributable 
to the fault or negligence of Contractor. The foregoing obligations of Contractor are in addition to 
Contractor’s obligations under Paragraph 9.13. 


addition, Contractor will service all site construction equipment only at a designated area within the Project 
that is approved by District and District Engineer. 
17.1. Until Final Completion, all risk of loss to the Work at the Project site shall be assumed by 
Contractor. 
17.2. Intentionally Omitted. 
17.3. Contractor shall purchase from and maintain in a company or companies lawfully 
authorized to do business in the jurisdiction in which the Project is located insurance for protection from 
claims under workers’ or workmen’s compensation acts and other employee benefit acts which are 
applicable, claims for damages because of bodily injury, including death, and from claims for damages to 
property which may arise out of or result from Contractor’s operations under the Contract, whether such 
operations be by Contractor or by a Subcontractor or anyone directly or indirectly employed by any of 
them. This insurance shall be written for not less than limits of liability specified herein or in the Contract 
Documents or required by law, whichever coverage is greater, and shall include contractual liability 
insurance applicable to Contractor’s obligations under Paragraph 9.13. Certificates of such insurance shall 
be filed with District prior to the commencement of the Work. 
17.4. Each policy obtained by Contractor shall contain a provision that the policy will not be 
cancelled or allowed to expire until at least 30 days’ prior written notice has been given to District. 
17.5. Contractor, for the protection and benefit of District and any and all of its assignees, 
trustees, beneficiaries, agents and employees and any other party previously identified in Paragraph 9.13 
(collectively the “Indemnitees”) shall specifically procure, pay for, and maintain, in full force and effect 
until final payment (unless otherwise designated), at no expense to District, the following policies of 
insurance to be written by an insurer acceptable to District in its sole discretion, who is qualified to do 
business in the State of Florida and which shall, at a minimum, afford the following types and limits of 
coverage: 
17.5.1. Broad Form Commercial General Liability insurance written on an occurrence 
basis (including Premises/Operations Liability, Products and Completed Operations Liability, Independent 
Contractors Liability, Contractual Liability, Broad Form Property Damage Liability, Explosion, Collapse 
and Underground Hazard Liability and Personal Injury Liability) (“CGL”) in the minimum amount of One 
Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury and property 
damage and in the minimum amount of One Million Dollars ($1,000,000.00) total aggregate liability; 
17.5.2. Workers’ Compensation Insurance in the statutory amounts and Employer’s 
Liability Insurance in the minimum amount of One Million Dollars ($1,000,000.00); 
17.5.3. Comprehensive Automobile Liability Insurance to cover owned, long-term leased, 
hired, and non-owned automobiles (including medical payments and uninsured motorists coverages) in the 
minimum amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and One Million 
Dollars ($1,000,000.00) per occurrence for property damage; 
17.5.4. Umbrella Liability Insurance providing coverage in excess of the limits specified 
above (except Workers’ Compensation Insurance) in a minimum amount of One Million Dollars 
($1,000,000.00) per occurrence and in the aggregate; and 








ARTICLE 17. RISK OF LOSS AND INSURANCE 



17.5.5. Such other insurance as District may reasonably require. 



17.6. The CGL policy and the Umbrella Liability policy shall name all of the Indemnitees set 
forth in Paragraphs 9.13 and 17.5 as additional insureds and shall expressly provide that the interest of each 
Indemnitee shall not be affected by any breach by Contractor or any other Indemnitee of any policy 
provision. The coverage afforded under any insurance policy obtained under or pursuant to this ARTICLE 
17 shall be primary to any valid and collectible insurance carried separately by any of the Indemnitees. 
Furthermore, all policies and certificates of insurance shall expressly provide that no less than thirty (30) 
days’ prior written notice shall be given to District in the event of material alteration, cancellation, nonrenewal 
or expiration of the coverage contained in such policy or as evidenced by such certificate of 
insurance. 
17.7. In addition to the foregoing insurance requirements, Contractor, at District’s discretion and 
prior to commencing the Work, shall be required to execute, deliver to the public owner, and record in the 
public records of Orange County, Florida, a payment and performance bond with a surety insurer authorized 
to do business in Florida as surety or provide an alternative form of security as authorized under section 
255.05, Florida Statutes, to remain in effect until the date of Final Completion. Contractor shall also be 
required, at District’s expense as included in the Bid Form, to furnish a warranty bond upon the date of 
Final Completion in the amount of fifteen percent (15%) of the Contract Sum, which shall remain in effect 
until two (2) years after the applicable governmental or quasi-governmental authorities accept full 
responsibility for the maintenance of the improvements constructed under this Contract (“Governmental 
Acceptance”). Such bonds shall be issued by a surety company acceptable to District and shall be in the 
form of AIA warranty bond or other industry standard and shall name District as an obligee. Nothing in 
this Contract or the Contract Documents shall be deemed to require District to look to the surety in the 
event of a breach of, or default under the Contract Documents by Contractor or to prevent or impair the 
availability of any remedy otherwise available to District, at law or in equity, in the event of a breach of, or 
default under, this Contract by Contractor. Any and all extensions of time granted under the provisions of 
this Contract shall not release the sureties on any bond for the Work required herein; said bonds shall remain 
in full force and effect until the Final Completion of the Work and full performance of the obligations of 
Contractor hereunder. 
17.8. Contractor’s equipment shall be insured by Contractor with no obligation or liability 
extending to District. Contractor is solely responsible for any loss or damage to the machinery, equipment 
or tools owned or used by Contractor or Subcontractors in connection with the Work and must carry 
insurance at its own expense to cover such risk of loss. Contractor further agrees that nothing herein shall 
constitute or be construed as a waiver of the District’s limitations on liability contained in section 768.28, 
Florida Statutes, or other statute. 
18.1. Contractor, at its expense, shall promptly correct Work rejected by District Engineer or 
failing to conform to the requirements of the Contract Documents, whether observed before or after 
Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work 
found to be not in accordance with the requirements of the Contract Documents through the time of 
Governmental Acceptance. The provisions of this ARTICLE 18 apply to Work done by Subcontractors as 
well as to Work done by direct employees of Contractor. In addition to the costs of correcting rejected or 





If Contractor fails to purchase and maintain any insurance required under this ARTICLE 17, District may, 
but shall not be obligated to, upon five (5) days’ written notice to Contractor, purchase such insurance on 
behalf of Contractor and shall be entitled to be reimbursed by Contractor promptly upon demand or deduct 
the amount of such premiums from the Contract Sum. 

ARTICLE 18. CORRECTION OF WORK 



defective Work, Contractor shall bear all costs and expenses incurred by District for the additional services 
of District Engineer and testing laboratories, as well as charges made by the applicable governmental 
authorities for any required tests or reinspections. 
18.2. Nothing contained in this ARTICLE 18 shall be construed to establish a period of limitation 
with respect to other obligations which Contractor might have under the Contract Documents. 
Establishment of the time of Governmental Acceptance, as described in Paragraph 18.1 relates only to the 
specific obligation of Contractor to correct the Work, and has no relationship to the time within which the 
obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within 
which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s 
obligations other than specifically to correct the Work. 
18.3. Contractor hereby grants to District (or its assignee), through the date of Governmental 
Acceptance, its unconditional warranty of the quality and adequacy of all the Work, including, without 
limitation, all labor, materials, and equipment provided by Contractor and its Subcontractors of all tiers in 
connection with the Work. Upon completion of the Work, Contractor shall assign or cause to be assigned 
to District all manufacturers’ and other warranties with respect to all Work, including, without limitation, 
all materials and equipment which are to be incorporated into the Project. 
19.1. The Contract shall be governed by the laws of the State of Florida. 
19.2. Written notice shall be deemed to have been duly served if delivered in person to the 
individual or member of the firm or entity for whom it was intended, or if delivered at or sent by registered 
or certified mail to the following addresses: 





ARTICLE 19. MISCELLANEOUS PROVISIONS 


If to Contractor: ___________________________ 

 ___________________________ 

 ___________________________ 

 Attention: __________________ 

If to District: Bonnet Creek Resort Community Development District 

 c/o Governmental Management Services – Central Florida, LLC 

219 East Livingston Street 

Orlando, Florida 32801 

 Attention: District Manager 

With a copy to: Latham, Luna, Eden & Beaudine, LLP 

201 S. Orange Avenue, Suite 1400 
Orlando, Florida 32801 

 Attention: Jan Carpenter 

 

If to District Engineer: Donald W. McIntosh Associates, Inc. 

 2200 Park Avenue North 

 Winter Park, Florida 32789-2355 

 Attention: James C. Nugent, PE 

Notice shall be deemed effective (1) upon delivery, if personally delivered; (2) upon one (1) business day 
following deposit with a national overnight courier service, fee prepaid; or (3) upon two (2) business days 


following deposit in the United States mail, certified or registered mail, postage prepaid, return receipt 
requested. 

ARTICLE 20. TERMINATION OF THE CONTRACT 
20.1. If District Engineer fails to recommend payment for a period of forty-five (45) days from 
receipt of an Application for Payment through no fault of Contractor, or if District fails to make payment 
thereon for a period of sixty (60) days after receipt of a Certificate for Payment from District Engineer, 
Contractor may, upon seven additional days’ written notice to District and District Engineer, terminate the 
Contract and recover from District payment for Work executed and for proven loss with respect to materials, 
equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and 
damages applicable to the Project through the date of termination. 
20.2. If Contractor defaults or persistently fails or neglects to carry out the Work in accordance 
with the Contract Documents or fails to perform a provision of the Contract, District, after seven days’ 
written notice to Contractor and without prejudice to any other remedy District may have, may make good 
such deficiencies and may deduct the cost thereof, including compensation for District Engineer’s services 
and expenses made necessary thereby, from the payment then or thereafter due Contractor. Alternatively, 
at District’s option, and upon certification by District Engineer that sufficient cause exists to justify such 
action, District may terminate the Contract and take possession of the Project site and may finish the Work 
by whatever method District may deem expedient. If the unpaid balance of the Contract Sum exceeds costs 
of finishing the Work, including, without limitation, the cost of procuring applicable bonds and 
compensation for District Engineer’s services and expenses made necessary thereby, such excess shall be 
paid to Contractor, but if such costs exceed such unpaid balance, Contractor shall pay the difference to 
District. 
20.3. If the cost of finishing the Work, including compensation for the additional District 
Engineer’s services made necessary thereby, exceeds the unpaid balance of the Contract Sum, Contractor 
shall pay such difference to District promptly upon demand by District. The amount to be paid by 
Contractor to District shall be certified by District Engineer, upon application, in the manner provided in 
ARTICLE 15. Contractor’s obligation for payment of excess costs to complete the Work shall survive the 
termination of the Contract. 
20.4. Notwithstanding anything contained elsewhere in the Contract Documents, District may 
terminate Contractor for convenience upon twenty (20) days’ prior written notice. In the event of such 
termination, District shall have the same rights and Contractor shall be entitled to the same payments as 
provided for in the event of termination under Paragraph 20.1 above. If District terminates this Contract as 
provided in Paragraph 20.2, District, in its sole discretion, may require Contractor to complete any Work 
necessary to facilitate transfer of Contractor’s responsibilities to another contractor or to ensure that the 
Work is protected pending completion thereof. 
20.5. Contractor hereby assigns to District any and all rights that Contractor now has or hereafter 
may acquire pursuant to any contracts relative to the prosecution and performance of the Work (whether 
subcontracts, guarantees, warranties, or otherwise), which rights District shall thereafter be entitled to 
reassign to any other person or entity (whether to another general contractor, District’s construction lender, 
or otherwise). Although it is the intention of the parties that this assignment is a present assignment, it is 
expressly understood and agreed that District shall not exercise any of the rights conferred upon it by this 
Paragraph until and unless District shall terminate this Contract pursuant to the terms of the Contract 
Documents. Following such termination, District may exercise all of the rights of Contractor under the 
contracts relative to the prosecution and performance of the Work as provided in the Contract Documents. 
A provision shall be incorporated into each such contract entered into by Contractor which notifies such 






parties of this Paragraph and permits District to exercise its rights hereunder without creating a default 
under such other agreement. 
21.1. Terms used in this Contract which are defined in the Contract Documents shall have the 
meanings designated in the Contract Documents. Words and abbreviations that have well known technical 
or trade meanings are used in the Contract Documents in accordance with such otherwise recognized 
meanings. 
21.2. Except to the extent provided otherwise in the Contract Documents, including, but not 
limited to Paragraph 15.2 of this Contract, in the event of any dispute between District and Contractor, 
Contractor shall expeditiously proceed with the performance of the Work with reservation of all rights and 
remedies it may have at law or in equity, provided that District has made payments to Contractor as provided 
in the Contract Documents. 
21.3. Contractor shall not assign this Contract or any of its rights hereunder without the express 
written consent of District, which consent may be withheld in the sole discretion of District. Any purported 
assignment without such written consent shall be void. 
21.4. Contractor hereby agrees to consent in writing to any assignment by District. In connection 
with financing of this Project, Contractor and all Subcontractors of any tier shall execute and deliver any 
and all instruments reasonably required by District. 
21.5. Contractor represents and warrants the following to District (in addition to any other 
representations and warranties contained elsewhere in the Contract Documents) as an inducement to District 
to execute this Contract: 
21.5.1. that it will perform all Work called for hereunder in a good and workmanlike 
manner and in accordance with all Legal Requirements and the Contract Documents; 
21.5.2. that it shall strictly comply with and satisfy all Legal Requirements applicable to 
the Work. 
21.5.3. that it is financially solvent, able to pay its debts as they mature and possesses 
sufficient working capital to complete the Work and perform its obligations hereunder; 
21.5.4. that it is a sophisticated contractor who possesses a high level of experience and 
expertise in the business administration, construction, construction management and superintendence of 
projects of the size, complexity and nature of the Project, and it will perform the Work with care, skill and 
diligence of such a contractor; 
21.5.5. that it is able to furnish the plant, tools, materials, supplies, equipment and labor 
required to complete the Work and perform its obligations hereunder; 
21.5.6. that it is authorized to do business in the State of Florida and properly licensed by 
all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the 
Work and the Project; and, 
21.5.7. that its execution of the Contract and its performance hereunder are within its duly 
authorized powers. 








ARTICLE 21. OTHER CONDITIONS OR PROVISIONS 



21.6 When compliance with two or more requirements is indicated in any of the Contract 
Documents and when these requirements conflict in quantity or quality, Contractor shall comply with the 
most stringent requirement unless specifically indicated otherwise in the Contract Documents. In addition, 
when provisions in two or more of the Contract Documents are complementary, the more detailed provision 
shall control over the more general provision. It is the intent of the Contract Documents, and they shall be 
so construed, to require a high quality of Work and shall include all items necessary to produce the results 
intended by the Contract Documents and desired by District. 
21.7 Whenever any provisions of the Contract Documents conflict with any agreements or 
regulations of any kind in force among members of any trade associations, unions, or councils, which 
regulate what Work shall be included in the Work of particular trades, Contractor shall make all necessary 
arrangements to reconsider any such conflict without delay or cost to District and without recourse to 
District Engineer or District, and Contractor shall take action reasonably necessary without cost to District 
to provide for the elimination of such conflict and the restoration of harmony among trades. 
21.8 Contractor shall attend progress meetings to discuss matters pertaining to the performance 
of the Work, including, without limitation, procedures, progress, problems and scheduling. Such meetings 
shall be held as frequently as District reasonably requires. 
21.9 Contractor agrees to perform the Work without causing any: 
21.9.1 increase in the cost of constructing any improvements in connection with the 
Project premises; or, 
21.9.2 delay or unreasonable interference with any construction work being performed by 
others in connection with the Project premises, or any portion thereof. 



21.10 Should either party appoint an attorney or attorneys to enforce any of the provisions hereof, 
or to protect its interest in any matter arising under this Contract, the non-prevailing party in any final 
judgment agrees to pay the prevailing party all reasonable costs, charges and expenses, including attorneys’ 
fees through any appellate or bankruptcy proceeding, expended or incurred in connection therewith. The 
parties agree that the right to collect any such costs is separate and apart from any liquidated damages 
provided for herein and shall in no manner affect such liquidated damages provision. 
21.11 This Contract shall be binding upon and shall inure to the benefit of the parties hereto and 
their successors and assigns. 
21.12 Contractor agrees to promptly comply with any order of a court having competent 
jurisdiction which determines that records pertaining to Contractor’s provision of the Works under 
this Contract are “public records” which must be available to the public. Contractor agrees and 
acknowledges that any and all books, documents, records, correspondence or other information 
related to this Contract, the Services or the Subscriber’s facilities may also be subject to inspection 
and copying by members of the public under Chapter 119, Florida Statutes. If Contractor does not 





The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon 
Contractor by law with respect to Contractor’s duties, obligations and performance hereunder. Contractor’s 
liability hereunder shall survive District’s final acceptance of and payment for the Work. All 
representations and warranties set forth in this Contract, including, without limitation, this Paragraph 21.5, 
shall survive the Final Completion of the Work or the earlier termination of this Contract. Contractor 
acknowledges that District is relying upon Contractor’s skill and experience in connection with the Work 
called for hereunder. 


comply with a valid public records request, that failure to comply shall be considered a default 
under the terms of this Contract and applicable law, and the Subscriber shall enforce the 
Contract accordingly. In accordance with applicable Florida law: 
21.12.1 Contractor shall keep and maintain public records that ordinarily and 
necessarily would be required by the Subscriber in order to perform the 
Services. 
21.12.2 Contractor shall provide the public with access to public records on the 
same terms and conditions that the Subscriber would provide the records, 
and a cost that does not exceed the cost provided in Chapter 119, Florida 
Statutes, or as otherwise provided by law. 
21.12.3 Contractor shall ensure that public records that are exempt or confidential 
and exempt from public records disclosure requirements are not disclosed 
except as authorized by law. 
21.12.4 Contractor shall meet all requirements for maintaining public records and 
transfer, at no cost, to the District all public records in Contractor’s 
possession upon termination of this Contract and shall destroy any 
duplicate public records that are exempt or confidential and exempt from 
public records disclosure requirements. All records stored electronically 
shall be provided to the District in a format that is compatible with 
the information technology systems of the District. 



21.13 Nothing contained herein, or in the Contract, or in the Standard General Conditions, 
shall cause or be construed as a waiver of the District’s immunity or limitations on liability granted 
pursuant to section 768.28, Florida Statutes, or other law, and nothing in this Contract shall inure 
to the benefit of any third party for the purpose of allowing any claim which could otherwise be 
barred under the Doctrine of Sovereign Immunity or by operation of law. 
21.14 The Contractor shall comply with the State of Florida’s E-Verify System as defined 
herein. 
21.14.1 The Contractor shall comply with and perform all applicable provisions and 
requirements of Section 448.095, Florida Statutes and Section 448.09(1), 
Florida Statues. Accordingly, beginning on the Effective Date, to the extent 
required by Section 448.095, Florida Statutes, the Contractor shall enroll 
with and use the United States Department of Homeland Security’s EVerify 
system to verify the work authorization status of all newly hired 
employees. The District may terminate this Contract immediately for cause 
if there is a good faith belief that the Contractor has knowingly violated 
Section 448.091, Florida Statutes. 
21.14.2 If the Contractor anticipates entering into agreements with a subcontractor 
for the work, Contractor will not enter into the subcontractor agreement 
without first receiving an affidavit from the subcontractor regarding 
compliance with Section 448.095, Florida Statutes, and stating that the 









subcontractor does not employ, contract with, or subcontract with an 
unauthorized alien. Contractor shall maintain a copy of such affidavit for 
the duration of the agreement and provide a copy to the District upon 
request. In the event that the District has a good faith belief that a 
subcontractor has knowingly violated Section 448.095, Florida Statutes, 
but the Contractor has otherwise complied with its obligations hereunder, 
the District shall promptly notify the Contractor. The Contractor agrees to 
immediately terminate the agreement with the subcontractor upon notice 
from the District. Further, absent such notification from the District, the 
Contractor or any subcontractor who has a good faith belief that a person or 
entity with which it is contracting has knowingly violated Section 
448.09(1), Florida Statutes, shall promptly terminate its agreement with 
such person or entity. 
21.14.3 By entering into this Contract, the Contractor represents that no public 
employer has terminated a contract with the Contractor under Section 
448.095(2)(c), Florida Statutes, within the year immediately preceding the 
date of this Contract. 



21.15 Should any provision of this Contract require interpretation in any judicial, administrative 
or other proceeding or circumstance, it is agreed that the court, administrative body, or other entity 
interpreting or construing this Contract shall not apply presumption that the terms hereof shall be more 
strictly construed against one party by reason of the rule of construction that a document is to be construed 
more strictly against a party who by itself or through its agents prepared the same, it being agreed that both 
parties hereto and their respective agents have fully and materially participated in the negotiation of the 
terms of this Contract. 
21.16 If any one or more of the provisions of this Contract shall for any reason be held invalid, 
illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any 
other provision hereof or any valid portion of such invalid, illegal or unenforceable provision, and this 
Contract shall be construed as if such invalid, illegal or unenforceable provision or portion thereof had 
never been contained herein. 
21.17 The laws of the State of Florida shall govern the validity, enforcement and interpretation 
of this Contract. Venue for all actions or proceedings relating to or arising out of this Contract shall lie in 
the courts in and for Orange County, Florida. 





 


This Contract entered into as of the day and year first written above. 

 

 

 

Attest: BONNET CREEK RESORT COMMUNITY 

 DEVELOPMENT DISTRICT 

 

 

 

______________________________ ___________________________________ 

Secretary 

 

 ___________________________________ 

 Chairman, Board of Supervisors 

 

WITNESSES: CONTRACTOR 

 

_________________________ ____________________________________ 

 

_________________________ ____________________________________ 

[Print Name] 

____________________________________ 

 

_________________________ Print Name: __________________________ 

 

_________________________ Its:__________________________________ 

[Print Name] 

 License No. ___________________________ 

 


 


 

Bonnet Creek Resort CDD 

Field Management Report 

 

 

 

 

 

 

A sign on the side of a road
Description automatically generated 


 

 

December 7th, 2023 

Clayton Smith – Director of Field 

GMS 

 

 

 

 

 


 

 

 Holiday annuals were 
installed throughout the 
property to refresh the 
curb appeal for the 
holiday season. 
Ornamental grasses 
were installed along the 
entrance turn lane across 
from the Wyndham main 
entrance. Working with 
the vendor to clean up 
the debris in this area. 


 

 

 

 

 

Holiday Annuals / Ornamental Grasses 

Completed 


 

 The bollards at the 
bridge were faded and 
were repainted by GMS 
staff. 


 

 

 

 

 

 Bridge column topper 
became dislodged. 
Staff moved it back into 
place. 


 

 

 

 

Bollard Painting 

Completed 

Bollard Painting 


 

 Entry sign panels were 
removed and cleaned. 
The tile surface behind 
the tiles was also 
cleaned. 


 

 

 

 

 

Bollard Painting 

 Bonnet Creek directional 
sign was cleaned and 
buffed. 


 

 

 

 

 

A sign in a park
Description automatically generated
Bollard Painting 

Completed 


 

c 

 As a result of the weekly 
reviews with the vendor 
the overall quality of the 
property continues to 
improve. 
Detailing of the plant 
beds and ornamental 
grasses will continue to 
be the focus through the 
dormant period. 
Any issues that are 
identified during site 
inspections are 
documented and swiftly 
addressed by the vendor. 
Entry Palms were 
trimmed. 
Mulch application will be 
completed as soon as 
possible. 


 

 

 

 

Landscaping Update 

Site Items 


 

Site Items 

 

A road with trees on the side
Description automatically generated 
The West side of 
Chelonia Blvd is getting 
overgrown. 
Staff has coordinated 
with the vendor on a 
larger scale cleanup of 
this area. 
This is a good winter 
project, and we are 
waiting on pricing. 


 

 

 

 

Property Edge Clearing 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For any questions or comments regarding the above information, please contact me by phone at 
407-201-1514, or by email at csmith@gmscfl.com. Thank you. 

 

Respectfully, 

Clayton Smith 

 

Conclusion