The URL can be used to link to this page

Item F20a r County of Monroe - Me Florida Keys BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tem George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: F20 Agenda Item Summary #2297 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Doug Sposito (305) 292 -4416 N/A AGENDA ITEM WORDING: Approval of Addendum to the Amended and Restated Contract between Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA) and Monroe County providing funding for the Construction of the New Animal Control Shelter in Key West ITEM BACKGROUND: Monroe County and the FKSPCA entered into an Amended and Restated Agreement on May 1, 2014 whereby the County agreed to a long term agreement for services in exchange for the FKSPCA to build a much needed new animal control facility in Key West to serve the citizens of Monroe County. To date the FKSPCA has raised over $6 million to build and construct a new animal control shelter, but due to rising construction cost, the responses received were above the anticipated construction budget. The County at its final budget hearing agreed to grant the FKSPCA $750,000 in County FY 2016/2017 and another $750,000 in County FY 2017/2018 for a total amount not to exceed $1.5 Million. This agreement provides for payments for construction of the new shelter to be made on a reimbursement basis. This additional funding will allow the Project to proceed with construction as planned on December 7 2016. The County agrees that this Facility will serve a public purpose and will greatly benefit the citizens of Monroe County with little contribution of public funds for the Project. Since the County intends to use 304 infrastructure surtax funds for this Project, in accordance with F.S. 212.055(2)(d)(1)(d), the FKSPCA agrees to make the Facility available for use at no cost to the County on a temporary basis as needed by the County as a public emergency shelter or a staging area for emergency response equipment during an emergency officially declared by the state or the local government. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Amended and Restated Agreement on May 1, 2014. The BOCC approved funding at its September 12 final budget hearing. CONTRACT /AGREEMENT CHANGES: Addendum to Agreement with FKSPCA providing funding for KW animal shelter STAFF RECOMMENDATION: Approval DOCUMENTATION: Funding Addendum with FKSPCA for KW Animal Shelter includes DLPorterContract and General Conditions Amended and Restated Connract FKSPCA BOCC Sp Mtg 5 1 14 FINANCIAL IMPACT: Effective Date: 10/1/2016 Expiration Date: 9/30/2018 Total Dollar Value of Contract: $ 1.5 Million Total Cost to County: $1.5 Million Current Year Portion: $750,000 Budgeted: Yes Source of Funds: 304 Infrastructure Surtax Funds CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: $750,000 will be funded in County FY 2016/2017 and $750,000 will be funded in County FY 2017/2018 for total not to exceed $1.5 Million 10/01/16 304 -24000 - GEN GOVT CAP PROJECTS CJ1708 $750,000.00 REVIEWED BY: Doug Sposito Completed 11/01/2016 9:47 AM Christine Limbert Completed 11/01/2016 3:53 PM Budget and Finance Completed 11/02/2016 9:27 AM Maria Slavik Completed 11/02/2016 9:41 AM Kathy Peters Completed 11/02/2016 12:54 PM Board of County Commissioners Pending 11/22/2016 9:00 AM Addendum to the Amended and Restated Contract between Florida Keys Society of Prevention of Cruelty to Animals, Inc. and Monroe County providing funding for the Construction of the New Animal Control Shelter THIS ADDENDUM (addendum) is entered into this 22 day of November, 2016 by and between MONROE COUNTY (County or Grantor), a political subdivision of the State of Florida and the Florida Keys Society of Prevention of Cruelty to Animals, Inc. (FKSPCA or Grantee), a Florida (501)(c)(3) not - for - profit corporation. WHEREAS, the parties entered into an Amended and Restated Agreement on May 1, 2014 (Amended and Restated Agreement); and WHEREAS, to date, the FKSPCA has raised over $6 million to build and construct a new animal control shelter (the "Facility" or "Project "), but due to rising construction cost, the responses received were above the anticipated construction budget; and WHEREAS, the agreement between the parties and the City of Key West, specifically the 99 -Year Amended and Restated Lease Agreement between County and the City of Key West requires for the Contractor to provide a performance guarantee to the County demonstrating that there are sufficient funds to construct the Facility before a building permit will be issued by the City for the Project; and WHEREAS, the County agrees to grant the FKSPCA an amount not to exceed $1.5 Million on a reimbursement basis to allow for the Project to proceed with construction as planned; and WHEREAS, the County agrees that this Facility will serve a public purpose and will greatly benefit the citizens of Monroe County with little contribution of public funds for the Project; and WHEREAS, the FKSPCA agrees to make the Facility available for use on a temporary basis as needed by the County as a public emergency shelter or a staging area for emergency response equipment during an emergency officially declared by the state or the local government as set forth in F.S. 212.055(2)(d)(1)(d) since the County intends to utilize infrastructure surtax funds for the funding of this Project; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This agreement is for the period of October 1, 2016 through to September 30, 2018 (Fiscal Year (FY) 2016/2017 and FY 201717/2018). This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7, 12 or 13 below. The Project work described in Exhibit A must commence within the fiscal year funded which is October 1, 2016 to September 30, 2017. Proof that the c.) Grantee shall exercise good internal controls to assure that the Project as described shall be completed on a timely basis within the proposed budget and shall provide to County any certifications, including those • the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be applied to the Project are in fact so applied. I I iupporting documentation shall be submitted to the Project Management W, b.) Since payment request must be reviewed and approved by the County prior to submission to the Clerk Finance Department for payment, all payment requests must be submitted to the County no later than July 31, 2017 for FY 16/17 funding and no later than July 31, 2018 for FY 17/18 funding. Invoices received after July 31, 2018 will not be considered for payment. e.) The Grantee shall maintain, preserve, and operate the property which was acquired or improved under this agreement and in accordance with the Amended and Restated Agreement for the exclusive uses and purposes for animal control services, an animal shelter and its related and associated uses. The following terms shall apply: Liu; 1110 M GIMMITUMMIRIM ran 11"ArrOmfill I ir 1 1 b.) Since payment request must be reviewed and approved by the County prior to submission to the Clerk Finance Department for payment, all payment requests must be submitted to the County no later than July 31, 2017 for FY 16/17 funding and no later than July 31, 2018 for FY 17/18 funding. Invoices received after July 31, 2018 will not be considered for payment. e.) The Grantee shall maintain, preserve, and operate the property which was acquired or improved under this agreement and in accordance with the Amended and Restated Agreement for the exclusive uses and purposes for animal control services, an animal shelter and its related and associated uses. The following terms shall apply: Liu; 1110 M and as set forth in this agreement and the Amended and Restated Agreement. If agreed, authorized and requested by the County, Grantee shall transfer ownership and possession of equipment and personal property • the County in an effort to remedy any damages to the County. I- t any time that the Grantee. (a) elects to stop the Project or otherwise N Agreement. 0 (13 (1v) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or tquipment purchased through funding under this agreement. 0 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this agreement shall bind and inure to the benefit of the County and Grantee and their R a.) Venue. In the event that any cause • action or administrative proceeding is instituted for the enforcement • interpretation • this agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. N a.) Covenant • No interest. County and Grantee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this agreement, and that only interest of each is to perform and receive benefits as recited in this agreement. M The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. The Contractor shall not transfer custody, release, after, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. A 19. LICEftShl.G AND PERMITS: Grantee warrants that it shall have, prior tQ, commencement of work under this agreement and at all times during said work, required licenses and permits whether federal, state, county or city. I 21. NOTICE. Any notice required or permitted under this agreement shall be in writing , .nd hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following For Grantee: Florida Keys SPCA 5230 College Road Key West, FIL 33040 For Grantor: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 Nionroe County Project Management 1100 Simonton St., Rm. 2�231 Key West, FL 33040 in 1111 1: 2 te 408 " St., Sui Key West, FL 33040 2■ . EXECUTION IN COUNTERPARTS. This agreement may be executed in a number of counterparts, each of which shall be regarded as an original, aloof which tak together shall constitute one and the same instrument and any of the parties hereto m execute this agreement by signing any such counterpart. 29 SECTION HEADINGS. Section headings have been inserted in this agreement a matter of convenience of reference only, and it is agreed that such section headings a n a par t of this agreement and will not be used in the © terpretation of any provision this agreement. I no 2 As used herein, the terms "contract" and "agreement" shall be read interchangeably. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executei the day and year first above written. (SEAL) Attest Amy Heavilin, :< v I dt > «f2 y2 I LTA 11 1111111 a r p Florida Key SPCA B y U-WaWKIFIS, President IN EXHIBIT 13 Exhibit B REIMBURSEMENT REQIJLJEC COVER S�ri"A"1-1`1E'T Mail or deliver completed reimbursement requests to the following address: Monroe County Project Management 1100 Simonton Street, Suite 2-216 Key West, FL 33040 The information below must refer back to work within the Contract/Exhibit A. Name of Grantee: FKSPCA Name of Project: Key West Animal Shelter $ 750,000 FY 16/17; $750,000 FY 17/18 Project Expiration Date: 9/30/18 Note: County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' form included within the PaymenUReimbursement Kit attached hereto as Exhibit B. us Che Che--,:ck Payee Reason Amount Name of or Pa'pd Credit C re d ift Card Used Card Date ""F ol[ a I U Above S u b s s o r s: B) Tots',d olf F , C I TOI La� Requested and Paid WiB)" D) Tota� Cor? hrnOLIHrlt' IE) Balance of Contrac, (D- Extra expenditure listing sheets are available for your use at the back of this packet — please insert behind page I if needed. 15 A11""'N"IPM ' F J " "%fl 1EH PKI (Complete and Submit with Reimbursement Request) ❑ I am the President of the Organization/ Grantee or the Project Manager listed within the signed Agreement. 0 1 have reviewed Exhibit A of the Agreement and there are no changes (Contact Project Management immediately if there are differences) between Exhibit A and the work you have completed. El I am submitting payment request for completed work (insert Segment of work as outlined in Exhibit A. El I understand that I will only be reimbursed for costs directly related to items listed in Exhibit A. El I have paid 100% of the segment or project cost up front to the entity completing work and have enclosed invoices and proof of payment to that entity in the form of a copy of the check with bank statement showing check has cleared-, or credit card statement showing payment made — credit card used must be in the name of the Grantee who the agreement is entered into. [I I have attached copies of all contracts not included in Exhibit A. F I have enclosed before and after pictures of the completed project. El I have completed the Reimbursement Req�uest Cover Sheet and have securely attachEro all of the above mentioned documents. F I have contacted the Monroe County Project Management Department at the number listed in my Agreement and they have inspected my project and signed off approval. I have attached the signed approval as part of my reimbursement packet. F I have attached a notarized verification statement to this request for reimbursement. IN "r MANAGEMENT' REVIEW AND APPROVAL BY MONROE COUNTY F` DEPARTMENT (Must be completed before submitting for reimbursement) I certify that as a representative of the Monroe County Project Management Department, I have reviewed and inspected the segment(s) of the project outlined under this request for reimbursement and it is my determination that the scope of services outlined in Exhibit A have been met. 17 VERflCATION (To be completed by the President of the Grantee or Project Manager; notarized and returned with submission for reimbursement) swear amdu cer fl Lile informat,�M conkalried vvithlin this st.ibrl ,ol , nen't isl ar,d corre and �ha` I an 'he d..fly aufl , ofth' capit.a� proie(-'-, SUbrnissior�. 11 P� or� Rojed MaIrlagem Narne (Pr�nt&.,2) - " -, I ge� &gna'01.re of P, ,, ,-, or IVI,34 a Svvom to ard sijbsci before me 1 1.1 - 0s day of a form, d idenflifica VV; is perSonal k��owri to L Notary Pu My Co� Expiles, Notary S3„wnp1 ilm 1, 20 by 0 r p ro d ce d VERFICATION notarized , 'To be completed by the Project Manager and/ Architect/Engineer of Record and returned with submission for reimbursement) swear and certifi fl! "U wo - k has been covnple ed in cord fonn winhi flne , K - �- 'Ut A), an�.rj ff-iat 1 arr� the CiLfly aU'ffi(,-,!J7ed des�gn/rflans and Coj- 'Fx[ Project Man age. of Recxd For P-"( I UHS r I "DIEK"; Jr Manag er's ol Arcl U Enqineer (. 'R-cor Name (Flnnted) 9 Arc-'JI nee- of S,igriat1,,i re of Project Swo,rr to and before rn- fl dav of J U U "'Jvho is pe,rsonal known tc me a forrrn of MV C'OITWII�� E'Ixp�Fes Nof.,ary San' p by or prodt., 19 M Check or Check Payoe Reason Arnount Name of or Paild Credft Card Credit Used Card Date ME Exhibit A AIA Document A101 T11 S �, ' b of t - - Agreement t t r r - � 1 Owner + t 1 C ontractor + `,?�. r i s. paym AGREEMENT made as of the day of in the year 7016 (In words, indicate dqy, month andyear°.) BETWEEN the Owner: (Nome, legal sialus, address and other infer, ntation) Florida Keys Society for Prevention of Crue lty to f P1E[TtalSIC2C This document has important legal consequences. Consultation with 5230 College Road an attorney is encouraged with Ivey West, FL 33040 respect to Its completion or modification. AIA Document A201 TM - 2007, General Conditions of the Contract for Construction, is adopted in this document by and the Contractor: reference. Do not use with other (iV arne, legal stators, address and other information) general conditions unless this D.L. Porter Constructors, Inc. document is modified. 6574 Palmer Park Circle Sarasota, 3'L 34238 for the following Project: (Y aware, location and detailed description) Florida Keys SPCA Animal Shelter 5711 College Road, Ivey West, FL 33040 The Architect: (Narne, legal ,status, address and other irrfcrrnlat an) Richard S. Bacon, S A A, President, Bacon Group, Inc. 2641 Sunset Point road Clearwater, FL 33759 The Owner and Contractor agree as follows. AIApocurnenYAIOI- -24157 oopydgheC�1915 1918 1925 1937 19551 , 1958 1977 1587 1991 1997 and 2007by The American Institute of iFhi � Architects. AH Hghfs reserved r` NN € 3mh v U3 4 r ruaUan. o an Of !' , ,r r m, flt lNdil nrn, px, _"" and" wi p ,. r�ors . Wed W t1 °r s .hams„, a .re.. pr "s lb1e j ,r, d . r-t. ,. This doerlmentwas created on 07114!2016 65:01:48 under the terms of AIA Documents -on- Demand " order no. 200933850/ . and is not for resale. This docuiTSertt is licensed by fl7e Americas i Institute of Architects for one-time use only, and may not be reproduced prior to its compfetion. r ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawin s, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and I\lodi ications issued after execution of this Agreement, all of which fbrrn the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Docurnents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3,3 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner, (Ira,ser i the date of aornmencement €i fa rl(fferfs fi - oin the date of this Agreement or, of applicable, state that the date will be fixed in a notice to proceed) The latest of (1) Execution of this Contract, (2) Receipt of Notice to Proceed, (a) receipt of the initial building permit If, prior to the commencement of the Work, the Owner requires tirne to file mortgages and other security interests, the Owner's time requirement shall be as follows: /A .2 The Contract Time shall be measured from the date of cominencernent. Init. MA Document A101 —2007 Copyright@ 191 19 08 1925 1937,1951 1958 196' 1993 196x7 1570 1977 1967 1991 1997 and 2007 by The American lnstikite of Architects. All rights reserve 't&ARNi 1 Gti f,,,r- MA" Mcrcunmnvrl i3 3f r , E d -y U.S Ccpye Lax an d �r ter - 4.a on al r e , urn"' .. ,, s wen r"ruc.Soap or dsunl rnion r dhis A}. e O urn- nt r r any on"N: n WE Era, is r .sWI.: W) sLvu ci'V4 ...r eniminat peni a14:_ , -cnd wi I. Ni, pro C4 CUIed ¢ e r z _ y71'.,r n �, W f pc - Ve P Linc.c, e.,e !, - , . , vv, This document was created on 0711 412016 15 .01.48 under the terms of AIA Documents- on- DemandThl order no. 2009338501 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion 33 The Contractor shall achieve Substantial Completion of the entire Work not later than three hundred sixty five ( 365 ) days from the date of commencement, or as follows: (Insert number of calendar days. Aher y, a calendar date mcry be used when coordinated ivith the date tyf conninence ent. If arTp-opriate, insert requirements fir earlier Substantial Completion of certain portions of the Work) Final completion within thirty (30) days thereafter. CD 04 , subject to adjustments of this Contract Tune as provided in the Contract Documents. (Insert provisions, if arid, Ibr liquidated daniage,s relating tO.lbilW -e to achieve Substantial Completion on throe or ° bonus pctyraaenis for early completion of the T+or1i.) lJquidated damages relating to failure to achieve substantial completion on time are as provided in the R.eyuest for Proposal dated April 8, 2016. AR TICLE 4 CONTRACT SUM 41 The Owner shalt pay the Conti the Contract Sung in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Six Million Four hundred Twenty -Eight `l'huusand Two :hundred Twenty Four and 00/100 Dollars ( 6,428,224.00 ), subject to addition and deductions as provided in the Contract Documents. 4.2 The Contract Sunr is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other id€antificatiorr of accepted alternates. If the bidding or proposal documents permit the C)1. wer to accept other altern ales subsegzient to the execution oj'lhis Agreement, altach a schedide c f,suc h other alternates showing the amount for each and the date when that amount expires.) ,3 Unit prices, . if any: (Identify and state the unit price; state gifantity hinitatioaas, if any, to which the unit price hill be applicable.) Item Units and Limitations Price per Unit ($0,00) Tw hk AAA Document A1 01 11 -2007 Copy4igEit cc 1915 1918, 1925 1937 1951 1958 1997 and 2007 by TheArnencan Insotut of -- Init. Architects. All rights reserved. ti,tA` NNING: T!Z r A u :, 12 € i Cr nd b.. € 4sit tr Z ot¢ x c r rt rGC rf €¢*u t rr €- € t a dll ri toni ofthi�ALA" DGcumat A,(ar nyponion in v«c hAf ou ndcriviW p. rralti_,. r€11 VFM, i1 1R08 ,eC uza , ,Jto the inn.4ivno, sF,wd,a. t -,u or r.: Law, This document was created on 07/1412016 15:01:45 under the terms of NA Documents -on- Demand T" order no. 2009338501 , and is not For resale. This document is licensed by the A ne6can Institute of Architects for onetime use only, and may not be reproduced prior to its completion 4.4 Allowances included in the Contract Sung, if any: ( Identify allorst once and state exclusions, ij i om the allowance pr ice. Item Price ($0.00) ry 04 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5,1.1 Lased upon Applications for Payment submitted to the architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shalt make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shalt be one calendar nionth ending on the last day of the month, or as follows. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 15th day of the following month. if an Application for Payment is received by the architect after the application date Axed above, payment shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. ( -a oral, .slate or local latvs may require payment within ca certain period of time.) § 5,1 .4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 51.5 Applications for Payment shall shoe. the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.5 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 'fake that portion of the Contract Sum properly allocable to completed Warp as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work, in the schedule of values, less retainage of teat percent ( 10 a ir). Pending final determination of cost to the Owner of changes in the Weak, amounts not in dispute shall be included as provided in Section 7.3.9 of AfA Document A201"' 1 -007, General Conditions o`the Contract for° Construction; .2 Add that portion of the Contract Sum properly allocable to materials arid equipment delivered and suitably stared at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), Iess retainage of ten percent ( 10 slip); Subtract the aggregate of previous payments trade by the Owner; and A Subtract amounts, if any, for which the .Architect has withheld or nulli a Certificate for Payment as provided in Section 9.5 of ATA Document A201 -- 2007. ACA Document AI01 T" a 2007 Gopydght@ 1915 1918 ' 1961, 1963 , 19677 , 1974 19x7 198! 199 ] 1997 and 2007 by The Amencan Institute of Intl Architects AR rights reserved rAFVv9 a s 1111,- t 'Ek.c r n cte v by U& r 3 v i 8r "[ "," a rnr ,, w r d una reproch r r rfrsts bubon o 3t . +,l. 't t „r r =_. rt: < r rA n rt ton fit., <,bri r ,u[r in s"v . nr'` I l c, 4nin nl penrdP r s, art c �= .r . Fmrs ;ute B to Vat, r.te.r. , ass r . +crc,..t � � a.e.,}� j cmdr , t e 3 rx,. This document was created on 07/14/2016 15:01:48 under the terms of AiA Docu'nelts - on - Demand - order no. 2109338501 , and is not for resale. This document is licensed by tine Amedcan Institute of Architects for one use only, and may not he reproduced priorto its completion. 5,1.7 The progress payment amount determined in accordance with Section 5.1,5 shall be further modified under the following circumstances: — .1 Add, upon Substantial Completion of the Work, a sung sufficient to increase the total payments to the full amount of the Contract SLIM, less such amounts as the Architect shall deterinine for incomplete Work, retainage applicable to such work and unsettled claims; and rd (Section 9.8,5 of'A1A Document A201-2007 requires release of applicable retainage capon Subsiantial Completion of'Tl%ork 1vith consent pf surety, rf any.) 2 Add, if final completion of the Work is thereafter materially delayed through no fault of the. Contractor, any additional amounts payable in accordance with Section 9.101.; of AIA Document A201--2007. 5,1.6 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of'dhe entire Work, to reduce or limit the retainage resithing fr�orn the percentages inserted in Sections 5.1.6.1 and 5.1.6:2 above, and this is not explained elsewhere in the: C ontract Documents, insert here provisions for such redaction or liarritation.) At Owner's option and subject to Contractor's written request, when the project reaches fifty percent (50%) completion, retainage may be reduced from ten percent (10 %) to five, percent (5%). 5.1.9 Except with the Owner's prior approval, the Contractor shall no[ inake advance payments to suppliers for materials or equipinent which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Suez, shall be made by the Owner to the Contractor when .1 the Conti has hilly performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 122.2 of AIA Document A201 -2007, and to satisfy other requirements, if arty, which extend beyond final payment; and ,2 a final Certificate for Payment has been issued by the Architect.. 5,2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows; In addition to Section 52.1 above, a final Certificate for Payment will be issued after the following have been completed: (1) Punch lists to be completed by Contractor within thirty (30) days of receipt of the same from the Architect; (2) As -built and Operation & vlaintenance_Manuals have been received and approved by the Architect; (3) Final Certificate of Occupancy has been issued from the authority having usisdietion; and (d) a properly executed and notarized release and Affidavit (conditioned only upon receipt of final payment) is received by the Architect. ARTICLE 6 DISPUTE RESOLUTIO 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of ACA Document A201 2007, unless the parties appoint below another individual, not a part) to this Agreement, to serve as Initial Decision Maker. (If the parties r ideally agree, insert the name, address and other contact h1forme'� ion pf'the Initial Decision adslcrkei, if other than the A rchitect) Snit. AM 6ocurnent Al 01 —2607 Copyi fight C 1915 1918, 1925 193 195 i 1958 1961 1963 1967 1974 1977 1987 1991 1997 and 2007 by The American Ins€itute of Architects An rights reserved R i a ''kk N r (¢q AEA [ xrr r n'o to t ,. - lntsrnad Tre Uriawlnno -f, or cr era or asaiffl.icrr,unatthirstEA t.Dx tunan'L o r angrortrrr,c.t. ?,rn-ryrrs,u[tGr .F� a.mau t s n,s1a rim s, u€ pen p€.. w, anrtlrn6,51o,3.cs�earxrre7roslG r..ax.E,ruin, r , dunrt_±o,.s,Uk= u niier it e i , :r. This daswment was created an 07/ 6412016 15:01:4B under the terms of AIA Documents on- DemandTM order no 2009338601 and is not far resale. This document is licensed by the American Institute of Architects for on &-tirna use: on fy, and may not be reproduced prior to its ccmpletion. § 6.2 BINDING DISPUTE RESOLUTION tM For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201- 2I1117, the method of binding dispute resolution shall be as follows: Check the appropriate br x_ I the Oiw?er crnnd Contractor do not select ca method cf hindin� dis axle resolution below, 07- (- f P do not subsequently ccgrtte in iwitzng to a binding di,s73arte resolution method other than fitigation, CIaims 1f be ry re,soltvd by litigation h? a :✓curl of competent jurisdiclion.) 04 Arbitration pursuant to Section 15.4 of AIA Document A201- 2007 FxJ Litigation in a court of cornpetentjurisdiction [) Other: (S�veciijjj The venue for any mediation, arbitration or litigation shall be in C OUT - Ity, FL. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 'nie Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2007. 7.2 The Work may be suspended by the Owner as provided in Article 14 of ALA Document A201-2.007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8,1 Where reference is rmade in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is Located (litsert rate of interest agreed zq?o 7, 1f o y) § 8.3The Owner's representative: (glare, address and other inf rraaation) I3iltmore Construction Co., Inc. 1055 Ponce de loon Boulevard I3elteair, FL 31756 8.4 The Contractor's representative: (Nuine, address and other infortntetion) D.L. Porter Constructors, Inc, 6574 Palmer Dark Circle Sarasota, FL 34238 § &5 Neither the Owner's nor the Contractor's representative shall be clanged without ten days written notice to the other party. Init. A IAD ccata» ntA IOI' 2007.Copynght(L)19151978, 1 925, 1937, 1951, 1958, M - 1,' 1963, 1907 ,1574,1977,1987,1991,1997and 20 by The Ametican Instbute of mhitects All tights reserved 1+tr R t[ rt 1-hi Document Is r3rotecte h o U.S Co pyri ght and nt a s e . cs S r '?vcn e s „up roduc c 1 or d1a� rbLydo s of this Al A" L ' 0?, 1 n.e.rit, v any no r1 `,rI of ,"_ , rr� y re s ,t. r I F e rvII anti c.a Batt.,. p aIt Fv, sat ° W! ina Visas €r e ..S .o.tas r, r v3.. "ar ..flacr. gy ros �,ib,a p rr v f.. f::uv; This document was created on 07114/2016 15:0 1:48 _ruder the terms of AIA Documents- cri- Dernand" order no. 2009358501 , and [s not for resale This o0curnent rs licensed by the Anneric an Insti rite of Architects for one -Dime use only, and may not he reproduced Prior to its completion. § &6 Other provisions: See the attached Addendum I to the AIA Contract dated October 1, 2016 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AlA Document A01 ---2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A20 t- -2007, General Conditions of the Contract .for Construction, § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages I FKSCPA Enumeration of Does List September 19, 2016 7 2 Letter from D.L. Porter September 21, 2016 4 I 2 Leiter front D.L. Porter September 27, 2016 1 4 Letter from D.L. Porter September 27, 2016 2 5 Schedule of Values/Pay Application 3 § 9.1.4 The Specifications: (F,'iiher list the Specifications here or r�fer to an exhibit attached to this Agreen'te"I.) Contractor aurees, to obtain and provide all warranty books and manuals from all vendors working all the project, complete with warranty start dates. Section Title Date Pages AIA Document A101— – 2007. Copyright 0 1915 1916 1925, 1937, 1951, 1958, 1961, 1963, 1 ,967, 1974, 1977 1987 1991, 1997 and 2097 by The American Institute of �n €t® Architects. All rights reserved. WAFRMEWG I his AI A " Do It is ray U.S. cop" i �Aw' �rd' Tn@atlas kJnfu ropnonducticr, cw 7 undert" raw, This docurnentwas created on 0711412016 15:01:48 under the terms ofAIA Documents -on- Demand T"° order nc 2009338501 and is not Tor resale. This document is fice9sed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its rompletion.. I § 9,1,6 The Drawings: (Either list the Drawings awings here or rq,ier to an exhibit attached to this Agreement) Number Title RE 9.1,6 The Addenda, if any: Number _ Addendum I to AFB Contract Date 1 October , 2016 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1..7 Additional docurnents, if any, forming part of the Contract Doculnents: .1 AI.A Document E201TT c- .2007, Digital Data Protocol Exhibit, it completed by the parties, or the following: .2 tether documents, if any, listed below: (List here any additional doeumenis that are intended to fbrm part of'the Contract Documents. AIr1 Docurnent r f 2171 -- 007 provides that bidding requirements such as advertisement or invitation to bid, Insiructions to Bidders, san2pie forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be fisted here only i f'iratended to be part of the Contract Documents) A IA Document A2II1 -2007 Proposal Documents, including Request for Proposal ( "R P ") dated April 8, 2016 Contractor's bid, including required insurance and bands Addenda I to :ItFP dated May 11, 20 1 16 Addenda 2 to RFP dated May 17, 2016 Addenda 3 to RFP dated May 20, 2016 In the event any of the Contract Doc.turaents contain conflicting terms or provisions, the term or provision contained in the most recent Contract Doctlrrtent shall control to the eextent of such conflict. lrllt. AIA Document A101 114 --2007 CopynghtQ 1915 1918 1958 1397 and 2007 Fey the American fnslitute of Architects. All dghts reserved Ar rR�,lf This r rs , r z i N s J LLS, copqrl- gh'a x rr !n rri s s p Ef€ ; aE, E9'. n4BU re siCSes - alT - Cat ty,r., ;, 4' crti r mfluo 0"' 21., nla resm, in srrvrre cr .. colnhlat p , �F. �r:1 ..., and v"sl4 he prod xecr',r to"he rnax67Y urn extant po ibb This document was created on 07/14/2016 15:0 under the terms of AIF Documents -on- demand " order no. 2009338501 , and is not for resale, This docurnent is licensed by the Arne6can institute oi' A.rchitecis for one -time use only, and may not he reproduced prior to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 1 I of AIA Document A201-2007. (Stale bonding requirements, if rasps, and luniis uj'licabiditj fear insurance required in ,irticle II of Allf Isar. €anent A201-2 Type of Insurance or Bond Limit of Liability or Bond Amount ($0,40) Insurance and bond requirements are sett forth in the Request for Proposal dated April 8, 2016 Builders Risk Insurance per requirements of'RFP This Agreement entcre into as of t e day and year first written above. i OWNER ('ag catz re) CO NTRACTOR ( Signature) Jane Dawkins, President (Printed name and title) C. Marshal Whi tes, Vice President (Printed name and tide) AIADocurnentA101- -2007 Copyright 0 19151918 1925 1931 1951 19.8 961 1963,1967,1974,1977,1987,1991,1997 and 2007 by The Annencan institute of In it. Architects All rights reserved X -' tN R n r r F nrr d. i „, , pr r , s d by LL& t 3 Cop yrig ht . Lavj and intzmn '2ficon Tntwija& '.h d �3s 4 r a� 3zf disMr ltion ti'this A” Do , nnen , o r awy 7 srVon t, ma r .art in -tev_a a ciAl mild cAr€ 4ml c 6 ,wUr "'s, �"". 7 "r"d 'i'le I wect.r.a _a the m.axi' un s :xie nt possible nAp, %, ta This document was created on 0711412016 15:01:48 under the terms of AIA Documents -on- Demand T" order no. 200933850/ , and is not Tor resale. This document is licensed by the American Institute of Architects for one time use only, and may net be reproduced prior to its completion. Insurance Notice �� eq ~ �m Cance �� u� In September of 2009, the Association for Cooperative Operations Research and Deve|opmen1(A[CIRD) amended its Form 25 Certificate of Liability insurance (ACORD Form 25) as it relates an insurer's duty to give notice ofcancellation of an insurance policy. The changes, and related rulings by state insurance administrative agencies, make it difficult or impossible for construction industry professionals to satisfy some requirements found in severa|A|A Contract Documents. Due tothese developments, edits may be required to the standard text ofthe following AlA Contract Documents: A107-2007 Sections 1T1 and 17.32 A141-2004 Exhibit A Sections A9.1U.2,Al1I3 and A.11.4.6 A142-20O4 Exhibit A Sec A9.10.2 A142-2OO4 Exhibit E Section E.13 A202-2007 Sections 9.1O],lI.l3 and 2l.3.6 A201-2007 SP Sections 9.10.2, 11.1.3 and 1.1.3.6 A232-2809 Sections 9,1B.2,11.1.3 and 11.3.6 A232-2009 SP Sections 9.1Q,2,11.13 and 133.6 A251-2007 Section 13-1.3 AZg5-2U88 A401-2007 A401-2007 SP A441_Z008 C101—I993 [1y1-20O9 Exhibit A C186—ZQD8 Cl97_2OOX C29Q-2O10 [199—ZO10 Exhibit A Sections 1l2.2,1113 and Il3.6 Section 13.3 Section 13.3 Section 13.3 Section 9.3 Sections Al2.9.2 and A14.1.3 Section 2.4.5 Section 2.7.5 Section 2.9.3 Sections A.5.Z6.2.2,A6.I.S arid A6.3.6 For more information, please visit AIA.org and read m memorandum entitled "Changes |n tile Insurance Industry impact Notice of Policy Cancellation." This memorandum (1) provides an overview of the ACORD Form 25 changes and related rulings by state agencies, and (2) suggests edits that users might incorporate into standard AUAContract Documents to respond 1n these changes and rulings. To read the memorandum, visit the A|A Contract Documents Reference Material Web site, www.a|a.org/contractdocs/reference. At the bottom of the Reference Material page, click other Reference Material. On the Other Reference Material page, the memorandum is listed under the subheading "Cor/ectionn, Modifications and Innportan1|nfurmation.~ You may also access the memorandum by typing thefollowing URL into your Web browser: www.aia.org/grmups/uia/docume |abIO1644,pdf This Addendum to AIA Document A101 -2007 between FLORIDA KEYS SOCIETY FOR THE PREVENTION TIO I+ CRUELTY TO ANITMALS, INC. ( "Owner ") and D.L. PORTER CONSTRUCTORS, INC, (`Contractor ") concerning the Project described as: New Animal Shelter at 5711 College Load, Key West, Florida 33040 shall be effective as of the _ _. day of October, 2016. The parties hereto agree as follows OTHER TERMS S CONDITIONS: 1. Each Application for Payment shall include a detailed Schedule of Values acceptable to Owner and broken down by trade, including all major equipment and materials for both labor and materials. 2. Each Application for Payment shall include an updated Critical Path Method Schedule, which incorporates the milestones in the Master Project Schedule and which are updated monthly by the Contractor. Receipt of said Schedules shall be a condition precedent to Owner's obligation to pa Contractor. 3, Each Application for Payment shall include all Lien Releases through the previous period for an subcontractor or supplier who has properly filed a Notice to Owner. 4. Any and all Change Orders are to be all - inclusive, including cost of work, General Conditions, and overhead and profit, No Change Order for additional General Conditions at the end of the project shall be accepted. 5. Contractor shall prepare and submit to Owner a hurricane preparedness plan. Contractor is responsible for its own hurricane preparedness plan, and roust enforce same upon all subcontractors who will be working on the project. 6. The parties hereby waive the provisions of Chapter 558 of the Florida Statutes. 7. The Owner states the following as true; a. The Owner has funds in a building fund held at various financial institutions in the amount of $4,627.050.26 as of September 30, 2016; and b. The funds for the building are restricted funds and will not be used for non- building-related expenditures; and c. If, at any time, the balance in the fund goes below that which is needed to timely pay the Contractor, the Contractor reserves the right to stop work and the Owner agrees to pay the Contractor for the additional general conditions costs incurred during the downtime. 8. The Owner has retained Biltmore Construction, Inc. as to act as Construction Manager on its behalf for the project. The Bacon Group, Inc., as Architect, and Biltrnore Construction, Inc., as Construction Manager, will each be handling various aspects of the construction management on behalf of the Owner as well as advising the Owner on the project pursuant to the contracts that the Owner has with each organization. The Bacon. Croup, Inc.. however remains primarily responsible for approvals. 1 The contact information for Biltmore Construction, Inc. is as follows: Tony Jenkins John O'Connor Biltmor°e Construction, Inc. 1055 Pence de Leon Blvd Belleau{, FL., 33756 9. Contractor acknowledges and understands that Owner requires and is relying can One Million Five - Hundred Thousand and 00 /100 Dollars ($1,5001,000.00) (the "County Funding,") of project funding from Monroe County, Florida ( "County ") pursuant to the terms and conditions of that certain AddenciuM to the Amended and Restated Contract between Owner and County (the "County Addendum "), and further acknowledges that Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000,00) of the County Funding will be available no sooner than October 15, 20117. Contractor shall make commercially reasonable ef1`or°ts to assist Owner in securing the County Funds and complying with the County Addendum. 10. The parties acknowledge that the County Addendum in the form attached hereto as Exhibit A., is expected to be approved by the board of County Commissioners ("BOCC ") at its next meeting on Novernber 22, 2016, In the event that the Addendum is root approved by the BOC;C at this meeting, this Construction Agreement may be terminated by either party upon giving written notice of termination to the other within two (2) clays of the meeting elate. FLORIDA KEYS SOCIETY FOR THE PREVENTION CF CRUELTY 1 ANIMALS, , C., I , y: Vident Dawkins As: CONTRACTOR I ,L. PORTER CONSTRUCTORS, INC. By: C. Marshall White As: Vice .President N .. �� Porter � �� - ��0��Q �, V� ��»"��+��»~� c^«�~ Innovation on Solid Foundation September 21.2816 Mr. John O'Connor Mr. Tony Jenkins B|ltnoreCunstnuubmn Co., Inc. 1055 Ponce de Leon Blvd. 8eUeair 33750 (via email: hvimenai|: Mc Rick Bacon (Via email: Bacon Group, Inc. 2641 Sunset Point Rd. Clearwater, FL33759 RE: Florida Keys SPCA New Facility Revised Pricing per 8/31/1Smeeting The following isa recap uf the revised pricing based on our recent meet ef August 31.2O18 with the representatives for the FKSpCA, The first item will be the decisions made after reviewing for original letter dated 8/29/16. Change door numbers 110D, 110E, 111A, 111B. 111D, 111E, 112A, 112B, 112C, 112O.113A.113B, 113D.113E.114&114B.114C.114O.114E127A&127B.tm aluminum doorwhh full height Y4" tempered glass ( door Type C) connected to aluminum frame system- Add $28,870,00 Change elevations 2OSF 21 SF, 22SF,23GF,24SF25SF.2OSF.27SF.1OSF, 11 SF, 128F.13SFand 14SF on A-91 0, from the specified hollow metal frames, with wood doors and aluminum sidelights to aluminum storefront doors with aluminum sidelights and wood doors. When you factor in the epoxy paint requirement going aluminum frames and s[de([ghts io cheaper than an all hollow metal product. Deduct ($7 Builders risk Insurance: Price tn add for DL Porter to provide the Builders Risk insurance. ADD $11.595.00 Additional cost for concrete curb work based onthe revised sheet C-2 Add $ 8 Additional cost to add 3" to4" thickness nf mulch. to the West Side Dog Play Area. Add $ 2,530.00 6E74 Palmer Park Circle. Sarasota, Florida 34238 t L �� [£�)924'�00�x(g4D9Z9-9500 d1pOrtV[00 Packet Florida Keys SPCA New Facility September 21.2O10 � Page 2 C14 Bl Additional slabs, 8\/1O'x4"thbck on the shelters west side per revised drawings. As requested, the following is pricing tu add a waterproof membrane, Vm|kem350/351 Deck System, over the 2" concrete topping nn the NVV roof a1 the mechanical entrance, The membrane will run upthe wall 4" where it ties into the building. Also, as part of the change, the aluminum handrail will have a peened finish. Add $5,590-00 Provide the lanai screen system eu specified in the clarifications with pet and claw resistant screening. Add $2.8OO.00 Installation of T&G wood ceiling (1x6 pine) over 5/8" plywood to the underside of the 1 ceiling along the east elevation per detail 1nnA-51Band|nmomu21O.212.214&225in|ieuofbeadboardand drywall originally shown. Add $9.816.00 The parapet walls shown onS401 &S4U2.S4O5. etc. have now been rev which will require engineering by the specialty contractor's engineer. This engineering will also be required on the cold formed "C" joist that serve as the roof structure over the east elevation 2 nd floor balcony, Cost hoprovide engineering. Add $3.750.00 The door and window schedule have been revised to show door marks 210& 212A and 214A along with the respective sidelights as aluminum storefront. It was also determined that these openings would be impact rated. Add $4,222,00 Vinyl base ishube installed wherever concrete and stained concrete floor finishes are indicated. Add $2.644.08 Additional hardware requiii-ed based on revised hardware schedule Add $15,468M Changes requested Overhead &profit Bond Total changes Original Bid prior 10 clarifications and requested changes Ad based on the above information Revised Pricing The FKSPCA has decided to select the jollowingVoluntary Alternates: 1 . Suggested Interior glass partition option selected as follows: � Change interior partition system shown as details 15GL, 16GL, 17GL 18GL and 1 I 9GL to standard non-impeot clear anodized . storefront with 'Msmpenadglass. Doors to have butt h|ngeo, surface mounted closers, standard push /pull hand|ou, key cylinder with thumb turn and threshold. Deduct ($33.236.00) 6574 Palmer Park Circle, Sarasota, Florina�4/38 'D 0f�[ (�Q 9Z9 4�8Q��{��}929-950A I Packet _ � � � � Florida Keys SPCA New Facility September 21.2O1B Page C14 = 2. Use mnEnglert Series 13OO standing seam roof system with the same profile, height, gauge, material and warranties in lieu of the specified Firestone UC-3 assembly, The material is more readily available Deduct (S10,000.00) 3, Change grey reflected insulated glass in SF13 & SF14 to clear insulated glass, see A 701 Deduct ($7,486M) Alternates #educt Revised contract amount from above $6,863.946.00 Voluntary alternates accepted ($ 50.722.80) Credit for permit fee |n original bid, Owner to pay for permit fees ($ 50.000,00) Credit for aOuwmsnce/oonbmgency included in original bid Revised contract amount $6,813,224.00 Additional Items included in the original bid that the FKSPCA has elected to exclude from the contract at this time: 1. Elevator- the elevator equipment for one elevator will not be provided at this time. The elevator shaft will be built as drawn and 2 temporary wall will be installed at each floor covering the access points. The credit tu eliminate the equipment for one elevator is: Deduct ($65.000.00) Note: should the FKSpCA elect to have this equipment furnished and installed ada later date there is a 14 week lead time from shop drawing approval to secure the equipment and 30 days for the installation. Should romnbUizotion be required there could be additional charges. 2. Commercial Laundry equipment: deleted from the scope ofwork, Deduct ($28.000.00) Note: should the FKSPCA elect to have this equipment furnished and installed ata later date there is a 6 week lead time from shop drawing approval to secure the equipment. Should nemubiliza§onbe required there could beadditimna|charges. 3. Generator - delete generator equipment only Contract shall still include Automatic Transfer evvtch and underground conduit kn the future location. Deduct ($ 97 Note: should the FK8PCA elect to have this equipment furnished and installed mlo later date there is a 14week lead time from shop drawing approval to secure the equipment and two weeks for installation. Should remobilization be required there could be additional charges, 4. Delete all Cat Lanai Bench & Feline Play structures |n Rooms, 2U1,2O9,210.211.212.213.214 &218 Deduct ($35,000-00) Note: should the FKSPCA elect to have this material furnished and installed at a later date there 2aa12+maek lead time from shop drawing approval to secure the material and two weeks for installation. Should remobilization be required there could be additional charges. 0�� f�P�e[��{i�Sd��3� m� Office (941) 929-9400 Fax (941) 929-9500 d|Q0rterl&0 Packet Pg. 539 Florida Keys SPCA New Facility September 21.2O18 u- Page4 CD 04 5, Delete all mdhmnrk and cab form the project. Delete ($152,000.00) Note should the FKGPCA elect to have this material furnished and installed at later date there |sa12'week lead time from shop drawing approval 1u secure the material and two weeks for 0 instsDution Should remubUzetiunbe required there could be additional charges. ~~ G. Delete the following akJmmQe Florida Keys SPCA and ^oonuh^logo. Delete ($20.000.08) LD Note: should the FKSPCA efect to have this material furnished and installed at a later date there is a 12-week lead time from shop drawing approval to secure the material and two weeks for � installation. Should o*mobi|izatiombe required there could be additional charges. Total deferred items OQO.00) The contract amount less the deferred items would be: $6,428,224.00 As you determine how you want to approach these items please keep in mind that we are unable to control raw material price increases that may affect the final price, CL -J a The following alternates are not part mf the contract and can beadded: U) 4) Labor and Materials pricing for the addition of fencing separating the various dog play areas on the west side of the building. The fencing will attach to the building on one end and the fence on top of the retaining wall om the opposite end. There will bee gate allowing access bo each play area. The area will also have a chain link roof over each area, which will require intermediate supports in the play area. This number now includes OH, pnzfit& bond Add $31,707.00 Bid Alternate #1 Addition ofshutters Add $39.382.00 Addition of the Night Drop structure Add $26.771,00 As I mentioned, I will be out of town the next two weeks so if there are any questions with the information I've provided please contact Jeremy Mosher at (786) 423-0864 or Jeremy(o�dlporter.com VVe look forward 0o working with your firms and the SPCA on this exciting project D.L. PORTER CONSTRUCTORS, INC. � / y- �— , C. Marshall White Vice President CMW:kam CC: Jeremy Mosher, O.L Porter Constructors, Inc. 1, en-ngy(a)-diporter.com) Job File 6574 Palmer Park Circle, Sarasota, Florida 34238 _9r00 �m= Packet D.L. Porter Constructors, I nc September 27, 2016 Mr. John O'Connor (via email: JOConnor Biitmore construction.coi -r } Mn Tony Jenkins (via ernail: TJenkins PB - n ) Biltmore Construction Co., Inc. 1055 Ponce de Leon Blvd. Belleair, FL 33756 RE: Florida Keys SPCA New Facility Deferred Items Gentlemen: The suppliers /subcontractors have agreed to the follow timeframe for holding their current prices on the items the Florida Keys SPCA has elected to defer at this time. Please keep in mind that these subcontractors and suppliers have already held their prices for 4 months. Elevator equipment for one elevator 3 months Commercial laundry equipment 2 months, however the increase would only be in the $800 range. Generator 5 months Millwork and cat play structures 5 months Signage 3 months These timeframes are based from the start of construction which i have told them is 11/1/16 My letter of 9/21/16 provides the timing required to secure and install these deferred items. In the event there is a delay in accepting deferred or alternate items, which would require extending the contract time ILL Porter will require additional general conditions. Let me know if you have any additional questions. 'fie look forward to working with your firms and the SPCA on this exciting project. Sincerely; D.L. PORTER CONSTRUCTORS, INC e _ C. Marshall White Vice President CMW:karra CC: Jeremy Mosher, D. L. Porter Constructors, Inc. (jermey @dlporter.corn) Job File 6574 Palmer Parts Circle, Sarasota, Florida 34 30 Office (941) 92M400 Fax (941) 929 -9500 -_ d1porier.com Packet,Pg. 541 Por Constructors, Inc. �nnovation on a Solid Foundation Mr. John O'Co Mr. Tony Jenkins @iltmone Construction Ca,Inc. 1Qss Ponce de Leon Blvd. soMca|r,FL 33756 (via ema (via email: RE: Flor Keys SPCA New Facility Post clarifications to the Contract Documents Gentlemen: Below please find an itemized list of post-bid clarifications. ThcsehrmshaveaUbeend|soumsedwithaUtbeparUes involved and agreed to, however at this time they are not part of the contract documents and should be. 0 Test Pile is not included 'in our Scope of Work 0 Mater testing bbyOwner a Permit and impact fees are by Owner ° $50,00U cont allowance b not included in our scope ° There is no floor nr wall tile in the project • Maverick Elevator isan acceptable elevator equipment supplier. • Grouting of hollow metal frames located in metal frame/drywati walls will not be required • Specification requirement 0811l3 page s that the HxO frames be factory pre-paint edis eliminated, frames shall be field painted. • Change details I & 2 on A-901 to show no reveal, drywall shall tuck behind the throat of the HM door. • Solid Phenolic Core Panels are %~tbick • Mulch in planting areas and Dog Play areas shall benatural undyed ~F|oMK4u[cb" NlaUa|ucamu|ch • The fence on the top uf the concrete retaining waif isG^high. There ismo other permanent fencing |nour scope ofwork. • Without a geotechnical report it has been determined that the Auger Cast piles lengths are as follows,- 16" dia. piles shall be20' long; 1Z"dia. plies shale be1U'long. • Disregard the lines on Sheet C-2 & C-3 near the future cistern area. No Cistern work is included in this scope of work. • Fire line shall befyPVC. • Discharge of roof drains not shown — stubbed out S' from building • There isnoGED requirement for this buildin • There bno dry retention nnsite • The underside uf all pre-engineered roof truss nags and the underside cf the 'C" joist framing over the 2" floor balcony will now be covered with 4x8 sheets of Hardie Soffit • Board panels in lieu of the individual encapsulation of each tail and joist with 1X Hardie board as shown on the current documents. ° Siding clarification: the requirement for 5/8~ plywood under the Hardie board sid nn the exter ofthe building shown on the rev documents is eliminated. The exterior system mdHbeas follows; Hardie Plank Lapsidingover2 = There are nn play structures |n rooms IZ4&2z5 w The 7°sound board insulation shall only be installed in Lobby IO8 (as shown in Sections 1/A- 10& 1/A-512 and all Canine Housing Areas including Canine Adnpt>on2z0, Canine Healthy Hold/Adoption D],lI2 z14 and Canine Isolation z27. 6574 P Ilarl( Circle, Sarasotd, FlV[idDAM �� Office (941) 929-9400 Fax (941) 929-9500 ~ d1p0[tte[[Q0 I Packet Florida Keys SPCA New Facility September 27, 2016 Page 2 • Some of the details on A -911. i.e. 1, 2 & 3 show 1" rigid insulation on the interior of a portion of the South wall and the East wall on the 1" floor, however rigid insulation is not necessary at these locations. Gypsum board can be furred out with metal furring as required. Keep Barring to a minimum. • Window type 10 and Door 1000 shall be aluminum storefront. Please let me know if you have any questions. Sincerely, D.L. PORTER CONSTRUCTORS, INC. c - L12� C. Marshall White Vice President CM1N:kam CC: Jeremy Mosher, 17, L. Porter Constructors, Inc. {7;e rmey(@dlporter .com) Job File 6574 Palmer Park Circle, Sarasota, Florida 34238 Office (941) 929 -9400 Fax (941) 929 -9500 dIporter.com Packet,Pg. 543 C54 2 u z 0 42 LLI 'I— ib E f 2 0 - 0 0 Z A fiY c3 LL r . LLI 0 cv w rd -ci 0 0 '70 al 2 .0 0 LLJ u C 2 -0 t bh o LLI Rj 0 C) G . Z, �3 E td 0 Z3 p 48 >1 CL C7 CD C-D c� C) C) Ca Z i ID C, C7 � � c3 ca lzr c� C) o � 1 = v c7 ca p cq cq Ul CA os 0a 06, c,q CN CN k6 u z uj Ge 6 GIs Er, 6A, 6q C� CD c C5 U— 1:5 z 0 0 0 a$ 1 5 : v) uo C -F� (D o 0 0 F A a U 7j 0 Z cl� 1 8 o L—L cq - It � 00 CDri IF Pmr-kc > 0 z 0 42 LLI 'I— ib E f 2 0 - 0 0 Z A fiY c3 LL r . LLI 0 cv w rd -ci 0 0 '70 al 2 .0 0 LLJ u C 2 -0 t bh o LLI Rj 0 C) G . Z, �3 E td 0 Z3 p 48 >1 CL C7 CD C-D c� C) C) Ca Z i ID C, C7 � � c3 ca lzr c� C) o � 1 = v c7 ca p cq cq Ul CA os 0a 06, c,q CN CN k6 u z uj Ge 6 GIs Er, 6A, 6q C� CD c C5 U— 1:5 z 0 0 0 a$ 1 5 : v) uo C -F� (D o 0 0 F A a U 7j 0 Z cl� 1 8 o L—L cq - It � 00 CDri IF Pmr-kc 0 GN cli I o 70 vi C-q U u CIS z 17, C's o cd 0 n Cd cl� C 0 Q 0 U 0 42 LLI 'I— ib E f 2 0 - 0 0 Z A fiY c3 LL r . LLI 0 cv w rd -ci 0 0 '70 al 2 .0 0 LLJ u C 2 -0 t bh o LLI Rj 0 C) G . Z, �3 E td 0 Z3 p 48 >1 CL C7 CD C-D c� C) C) Ca Z i ID C, C7 � � c3 ca lzr c� C) o � 1 = v c7 ca p cq cq Ul CA os 0a 06, c,q CN CN k6 u z uj Ge 6 GIs Er, 6A, 6q C� CD c C5 U— 1:5 z 0 0 0 a$ 1 5 : v) uo C -F� (D o 0 0 F A a U 7j 0 Z cl� 1 8 o L—L cq - It � 00 CDri IF Pmr-kc Q CD C: � C) O c) C? :7) c) Ci d C:) C? c) <D = O = C) C CD C> C5 C> O O O O 7 Q Z> Z 2 C7 C:. c: O C:) C? O CD <D O C) Z) C:, C:, CD 4z, G7 'D C, 0 C7 O O C7 C7 C7 > 6 6 6 C 6 6 1=1 CD ci 6 6 6 6 6 6 6 6 6 C, Le C" 59 6 6h Gq W) (,3 Gs is Hs C� G,) FA L." 49 69 v E 7 G V C 5n cn C 6 � v) W) � + o C� 1=1 Cl C: fl 'D C. CD (D C7 C C� C:) c C7 C3 C] C� C? O O c � c� c C:7 lz Ch C4 C7% Ch zj r �f- C�� C=, C5 C� 'e3 0 'D e t N q g N " C, to 'o W) r �o C) — r- �o t U- t C:, Il i — m �o w w C3 r L er eo W) CD � n <D CD zr 6 ,r \6 r -: \,5 ,t r 'n C-4 4 Z, 69 6✓3 64 61 64 C", Z's Z GS Els CIS Cq 0 C) 04 CD 1= O CS C> IM C7 C CD C� C? I:> C, <D O Cl C, C, CD C) C, CD CD C� C3 Cl CD C? C7 C� C O C:l CD C Cl S > — c— a, 00 t r- JY -Ir in N m a, Cl C:l CD �o fV C� r- C) m C C-4 C, C CZ) M 'o vo 'r U) < 0 r_ O 5 oo Q Q " rl � 1- 1 --: 0 co rq m Ca N 'n 0 N �,c fq m 'D - 4 rl CD d 17 Cl CD Ca c: C� C7 C.) C�? CD CD CD c, C� 6 c, c, <:) C CD 0 H C7 Cl CD C7 ea C] CD C, Ch 0 C) C7 <D CP O CD c , CD O C:� Cl C� c) C? c, CD CD CD CD CD c, G-) ;Oa rS � CA 6 69 G-, r� C9 6q 6q V! 69 C 6S Cq �,q Gq 6S 6S 69 C") LA Gq L" 69 C-,} 0 < ' T, 5H 69 69 69 V (A G llq 6 us f9 9 os Gt G-) Gl, 6n us 419 Ss &S tAl }A cli CIS V) V) S3 &S Gn V) 10, 0 7 LU 0 C) o -x CL Z Z g U) C) Z 2 > + CD 1= O CS C> IM C7 C CD C� C? I:> C, <D O Cl C, C, CD C) C, CD CD C� C3 Cl CD C? C7 C� C O C:l CD C Cl S — c— a, 00 t r- JY -Ir in N m a, Cl C:l CD �o fV C� r- C) m C C-4 C, C CZ) M 'o vo 'r O 5 oo Q Q " rl � 1- 1 --: rq m Ca N 'n 0 N �,c fq m 'D - 4 rl 0 5H 69 69 69 V (A G llq 6 us f9 9 os Gt G-) Gl, 6n us 419 Ss &S tAl }A cli CIS V) V) S3 &S Gn V) 10, T, 7 LU -x Z Z g C) 'Z= o cd 71 A vz D > > cr "I m bD P. cL b cL C > Ca o CL C o A u cl g CD c, c, c, o 'D C3 �o cl C3 - cD c, O c, cD c> c� o CD CD o E, N 9 'r " 'a r N CD 1= N CD O w N 0 Q CD 0 o c) o cD C, c) 1 �1 0 ? C — — — .w — — — — — — N N N C rq N cq CN EN m m m "t sn W)� 6' r Qq E�l r10 6s rIq - ld - Elq Gq ba ss bs V, 0 00 ( D C CD C:l CD O O CD CD c, <D C) c, CD c, C:) C::) CD O c CD T=) C3 C7 cz, O O c:, Z? <D CD c. C c CD O O O C:3 C3 ® O O O :7 C7 C7 <:] O C=! O C3 Z> :? q q C7 Lj c, E Cry 63 Gl� Els 11) EP E`3 wi 59 6S &q Egg 09 6, V) 69 69 by LU 0 cn + 0 0 a4 u Z W cz) o �-,- 2o + 0 6s Z) Cl CD c3 c Ca o r c=, C� C C 7 , CR C� C� C� C:, C C� C� C? 00 m N N CT G1 ol � lz � n 14 � r4 l n lzt 'C� m m 6 r- 6 q C r s q Gn 6" Gn En LU LU Z 0 r, Z, CO 0 9 V) to P-i 00 l o n m 0 to 0 r- qZ 0 Ea. 75 0 Z �l c 60 C. �J- = CD C) C:D C7 C3 O CJ CD C C;) cz) C3 0 CD Cl O CJ CD u u oc C; l z> CD C C� = = 7: O CIO C7 c C7 C) = C c) CD g :7 c =) C3 CD CD m c? 7, CD c, C? C2, 1? CJ 7 C3 O CR c 4 c5 C3 C� C� Z c O C� C7 <? C7 C:l C C7 C> 'D C C, O = CD = O <D :� C3 C, C:, O C) 4 'D En 6n cl) 6.9 64 E Eq S,q G L-9 "q � F 6 q &q Sq Gq Gq > Q ✓ L L > CD C7 cz5 Ca C c: O 9 9 C Ca C3 CD :D CD C:p C;, C7 C? IR C7 =3 :Y C? 3 q Cz :3 O O O u 0 00 CD CN CD 'n 'o C:) C:, O LU �4 0 rq C CD cr, N - 'n CN N Cy r) 1c 16 � C4 as vi ti �-,- 2o + 0 6s Z) Cl CD c3 c Ca o r c=, C� C C 7 , CR C� C� C� C:, C C� C� C? 00 m N N CT G1 ol � lz � n 14 � r4 l n lzt 'C� m m 6 r- 6 q C r s q Gn 6" Gn En LU LU Z 0 r, Z, CO 0 9 V) to P-i 00 l o n m 0 to 0 r- qZ 0 Ea. 75 0 Z �l c 60 C. �J- = CD C) C:D C7 C3 O CJ CD C C;) cz) C3 0 CD Cl O CJ CD u u oc C; l z> CD C C� = = 7: O CIO O CIO FLORIDA KEYS SPCA Enumeration of Documents. 9/19/16 03 05 00 lCONCRETE 4/4/2016 03 41 00 1PRICAST STRUCTURAL CONCRETE 4/4/2016 nrtlr6rrs K] @ _ UACZn Pd PV 04 06 50 Issue Date Issue Date Issue Bate Issue Date Mark Tittle (Bid Set) (A Rev 1) (A Rev 2) (A Rev 3) , 4/4/2016 04 20 30 REINFORCED UNIT MASONRY 4/4/2016 STRU CTU RAL M ETA L FRAM I N G SPECIFICATIONS: 414/2016 042126 ISTRUCTURAL GLAZED FACE MASONRY 4/4/2016 05 2100 STEEL JOIST FRAMING 4/4/2016 EXTERIOR FINISH CARPENTRY 4/4/2016 05 30 00 METAL DECKING DIVISION 1 - GENERAL REQUIREMENTS 4/4/2016 05 40 00 COLD- FORMED METAL FRAMING FELINE FEATURE 4/412016 05 44 00 COLD- FORMED METALTRUSSES 011000 SUMMARY 4/4/2016 01 20 00 PRICE AND PAYMENT PROCEDURES 4/4/2016 AMn AM ICTI IDS: vpnTCrTlnhl 01 25 00 SUBSTITUTION PROCEDURES 4/4/2016 01 26 00 CONTRACT MODIFICATION PROCEDURES 4/4/2016 01 30 00 1 ADMINISTRATIVE REQUIREMENTS 4/4/2016 ' 014000 IQUALITY REQUIREMENTS 4/4/2016 01 50 00 TEMPORARY FACILITIES AND CON "MOLS 4/4/2016 016000 PRODUCT REQUIREMENTS 4/4/2016 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 4/4/2016 DIVISION 2 - SITE CONSTRUCTION 02 32 00 GEOTECHNICAL INVESTIGATION 4/4/2016 n3 % /I SRP 3. _. rrwro CTC 03 05 00 lCONCRETE 4/4/2016 03 41 00 1PRICAST STRUCTURAL CONCRETE 4/4/2016 nrtlr6rrs K] @ _ UACZn Pd PV 04 06 50 MASONRY MORTAR AND GROUT 414/2016 04 20 00 UNIT MASONRY 4/4/2016 04 20 30 REINFORCED UNIT MASONRY 4/4/2016 STRU CTU RAL M ETA L FRAM I N G 414/2016 042126 ISTRUCTURAL GLAZED FACE MASONRY 4/4/2016 05 2100 STEEL JOIST FRAMING 1'.3CVIV 3 _. IxICIH4.J � 07 26 00 DECORATIVE PLASTIC LAMINATE 4/4/2010 E 060620 06 10 00 ROUGH CARPENTRY 051000 STRU CTU RAL M ETA L FRAM I N G 414/2016 061600 SHEATHING 4/4/2016 05 2100 STEEL JOIST FRAMING 4/4/2016 EXTERIOR FINISH CARPENTRY 4/4/2016 05 30 00 METAL DECKING 064000 4/4/2016 4/4/2016 05 40 00 COLD- FORMED METAL FRAMING FELINE FEATURE 4/412016 05 44 00 COLD- FORMED METALTRUSSES I 4/4/2016 UIVIJI IV O WVVV ,'i PVU rLNarP94.3 4/4/2016 07 26 00 DECORATIVE PLASTIC LAMINATE 4/4/2010 E 060620 06 10 00 ROUGH CARPENTRY 4/4/2016 061600 SHEATHING 4/4/2016 06 2013 EXTERIOR FINISH CARPENTRY 4/4/2016 064000 IARCHITECTURAL WOODWORK 4/4/2016 06 40 24 FELINE FEATURE 4/4/2016 06 60 00 PLASTIC FABRICATIONS 414/2016 31i�frS €Y5A1 T _T3FCr�Fif[dl AMn AM ICTI IDS: vpnTCrTlnhl 072100 ITHERMAL INSULATION 4/4/2016 07 26 00 VAPOR RETARDERS 4/4/2016 07 41 13 METAL ROOF PANELS 4/4/2016 07 46 46 FIBER CEMENT SIDING 4/4/2016 07 52 00 MODIFIED BITUMEN MEMBRANE ROOFING 4/4/2016 07 62 00 SHEET METAL FLASHING AND TRIM 4/4/2016 07 62 13 I METAL FLASHINGS COPINGS AND FASCIAS 4/4/2016 P<- N N FLORIDA KEYS SPCA Enumeration of Documents 9/19/16 Issue [late Issue Date Issue Date Nsu9e Date Mark Title (Bid Set) (A Rev 1) (A Rev Z) (A Rev 3) 077200 ROOF ACCESSORIES 4/4/2016 07 92 00 1.10INT SEALANTS 4/4/2016 08 11 13 IHOLLOW METAL DOORS AND FRAMES 4/4/2016 4/4/2016 414/2016 09 26 00 08 14 16 FLUSH WOOD DOORS 4/4/2016 09 29 00 IGYPSUM BOARD 08 36 00 OVERHEAD DOORS 10 26 00 4/4/2016 093000 , TILING 4/4/2016 0844113 ALUMINUM FRAMED ENTRANCES AND 7/8/2016 4/4/2016 ACOUSTICAL PANEL CEILINGS 4/4/2416 08 62 00 TUBULAR DAY LIGHTING DEVICE 0 4/4/2416 4/4/2016 FIRE EXTINGUISHER CABINETS 387100 DOOR HARDWARE RESILIENT SHEET FLOORING 4/4/2016 088000 GLAZING 4/4/2016 4/4/2016 098100 09 22 16 NON- STRUCTURAL METAL FRAMING 4/4/2016 414/2016 09 26 00 PCIRTLAND CEMENT PLASTER 4/4/2016 GLASS PARTITION SYSTEMS 09 29 00 IGYPSUM BOARD 4/4/2016 10 26 00 093000 , TILING 4/4/2016 7/8/2016 095113 ACOUSTICAL PANEL CEILINGS 4/4/2416 4/4/2016 0 RESILIENT BASE AND ACCESSORIES 4/4/2016 FIRE EXTINGUISHER CABINETS 09 65 16 RESILIENT SHEET FLOORING 4/4/2015 09 67 23 DECORATIVE FLAKE FLOOR SYSTEM 4/4/2016 098100 ACOUSTICAL INSULATION 4/412016 09 91 00 IPAINTING 4/4/2016 101400 ISIGNAGE 414/2016 10 22 01 GLASS PARTITION SYSTEMS 4/4/2016 10 26 00 WALL AND DOOR PROTECTION 4/4/2016 10 28 00 JANIMAL TOILET, BATH, LAUNDRY, AND MISCELLANEOUS ACCESSORIES 4/4/2016 104413 FIRE EXTINGUISHER CABINETS 4/4/2016 112300 ICOMMERCIAL LAUNDRY EQUIPMENT 4/4/2016 11 31 00 RESIDENTIAL APPLIANCES 4/4/2016 117440 ANMALCARE EQUIPMENT AND ACCESSORIES 4/4/2416 117200 JANIMAL BATHING EQUIPMENT 4/4/2416 1131900 IPRE- MANUFACTURED CAGE ASSEMBLIES ( 4/4/2016 I I ( 1 113 19 13 IKENNEL ENCLOSURES AND GATES 4/4/2016 7 LAE V 131Ui''d by ... LUJMVr T etldc3 3 r3 i Crva3 142400 1 HYDRAULIC ELEVATORS 4/4/2016 P<- 1 210000 1 FIRE PROTECTION REQUIREMENTS 4/4/2016 1211000 IWATER BASED FIRE PROTECTION SYSTEMS 4,/4/2016 FLORIDA KEYS SPCA Enumeration of DoCUments 9/19/16 Issue Date Issue Date Issue Date Issue Date Mark ITItle I (Bid Seth I (A Rev 1) (A Rev 21 (A Rev 3) 220000 IPLUMBING REQUIREMENTS 414/2016 22 05 S3 PLUMBING IDENTIFICATION 4/4/2016 220719 PLUMBING PIPING INSULATION 4/412016 2210113 IPLUMBING VALVES 4/4/2016 221060 PLUMBING PIPE AND PIPE, FITTINGS 4/4/2016 221117 PLUMBING SUPPORTS AND ANCHORS 4/4/2016 22 1118 PLUMBING METERS AND GAUGES 414/2016 22 11 19 PLUMBING PIPING SPECIALTIES 4/4/2016 223330 PLUMBING EQUIPMENT 4/4/2016 224300 PLUMBING FIXTURES 4/4/2016 23 00 00 JHVAC MECHANICAL REQUIREMENTS 4/4/2016 23 05 48 VIBRATION ISOLATION 4/4/201,6 23 05 93 TESTING, BALANCING AND COMMISSIONING FOR HVAC SYSTEMS 4/4/2016 23 07 19 HVAC MECHAN IN SULATION 4/4/2016 23 09 00 CONTROL SYSTEMS 4/4/2016 23 10 60 HVAC PIPES AND PIPE FITTINGS 4/4/2016 23 11 17 HVAC SUPPORTS AND ANCHORS 4/4/2016 231119 HVAC PIPING SPECIALTIES 4/4/2016 232300 REFRIGERANT PIPING 4/4/2016 233113 LOW PRESSURE- DUCTWORK 4/4/2016 23 33 00 DUCTWORK ACCESSORIES 4/4/2016 23 34 16 CENTRIFUGAL FANS 4/4/2016 23 34 23 POWER AND GRAVITY VENTILATORS 4/4/2026 23 36 00 TERMINAL UNITS 4/4/2016 23 37 13 AIR OUTLETS AND INLETS 4/4/2016 23 81 26 SPLIT SYSTEM HEATING AND COOLING UNITS 4/4/2016 23 81 26.13 DUCTLESS SPLIT SYSTEM AIR CONDITIONERS 4/4/2016 DIVISION 26 - ELECTIRCAL 260000 BASIC METHODS AND REQUIREMENTS (ELECTRICAL) 4/412016 260519 WIRES AND CABLES 41412016 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 4/4/2016 26 05 29 SUPPORTING DEVICES 4/4/2016 26 05 33 RACEWAYS 4/4/2016 26 05 34 ELECTRICAL BOXES AND FITTINGS 4/'4/2016 26 05 35 ELECTRICAL CONNECTION FOR EQUIPMENT 4 /4/2016 26 05 53 ELECTRICAL IDENTIFICATION 4/4/2016 26 22 00 DRY TYPE TRANSFORMERS 4/4/2016 26 2416 PANELBOARDS 4/4/2016 2617 26 WIRING DEVICES 4/4/2016 262816 CIRCUIT AND MOTOR DISCONNECTS 4/4/2016 262817 OVERCURRENTPROTETIVEDEVICES 4/'4/2016 262913 MOTOR CONTROLLERS AND CONTRACTORS 414 /2016 2632.13 ENGINE 6ENERAQTOR SET 414/2016 26 36 00 AUTOMATIC TRANSFER SWITCHES 4/4/2016 264113 LIGHTNING PROTECTION SYSTEM 4/4/2016 26 43 13 SURGE PROTECTION DEVICES 4/4/2016 26 S1 00 INTERIOR BUIL.DIONG LIGHTING 4/4/2016 26 56 00 EXTERIOR BUILDING LIGHTING 4/4/2ni F, ME FLORIDA KEYS SPCA Enumeration of Documents 9/19/16 Issue Date Issue Date Issue Date Issue Date Dark ITItle I (Bid Set) (A Rev 1) (A Rev 2) (A Rev 3) 1283111 1 FIRE ALARM AND SMOKE DETECTION SYSTEMS 4/4/2016 rnatarcInM 1-F - cADTWA ODW 311100 CLEARING AND GRUBBING 4/6/2016 4/4/2016 6/1/2016 C -2 312300 TRENCH EXCAVATION AND FILL 41412016 7/8/2016 !C-3 UTILITY PLAN 33.2500 EROSION AND SEDIMENTATION CONTROLS 6/1/2015 4/4/2016 ,C -4 CIVIL DETAILS 4/6/2016 313116 TERMITE CONTROL 7/8/2016 4/4/2016 CIVIL DETAILS 4/6/2016 31 63 16 AUGER CAST GROUT PILES C -6 4/4/2016 4/6/2016 321216 JAS PHALTPAVING 4/4/2016 1 321723 IPAVEMENT MARKINGS 4/4/2016 1323113 ICHAIN LINK FENCES AND GATES 4/4/2016 33 16 00 ISIDEWALKS, CURBS AND GUTTERS 4/6/2016 4/4/2016 6/1/2016 C -2 332510 DRILLING OF.DRAINAGE WELLS 4/4/2016 7/8/2016 !C-3 UTILITY PLAN 33 25 20 STEP DRAWDOWN PUMPING TEST 6/1/2015 4/4/2016 ,C -4 CIVIL DETAILS 4/6/2016 334101 STORM PIPING 7/8/2016 4/4/2016 CIVIL DETAILS 4/6/2016 33 44 13 STORM STRUCTURES C -6 4(4/21716 4/6/2016 7/8/2016 A -102 PARTIALSECOND FLOOR DIMENSIONED PLAN 4/4/2016 DRAWINGS: G -001 ICOVER SHEET 4/4/2016 6/1/2016 G -002 ABBREVIATIONS, NOTES, AND SYMBOLS 4/4/2016 7/8/2016 L5 1(t0 FIRST FLOOR LIFE SAFETY PLAN 4/4/2016 7/8/2016 LS -101 ISECOND FLOOR LIFE SAFETY PLAN 4/4/2016 IL -1 ]LANDSCAPE PLAN IL-2 19RRIGATION PLAN C -1 GENERAL NOTES 4/6/2016 6/1/2016 C -2 GRADING AND DRAINAGE PLAN 4/5/2016 7/8/2016 !C-3 UTILITY PLAN 4/6/2016 6/1/2015 7/812016 ,C -4 CIVIL DETAILS 4/6/2016 7/8/2016 C -5 CIVIL DETAILS 4/6/2016 7/812016 C -6 CIVIL DETAILS 4/6/2016 7/8/2016 A-001 ARCHITECTURAL SITE PLAN & SITE DATA TABLES 4/4/2016 6/1/2016 A -002 ARCHITECTURAL SITE PLAN 4/4/2016 A -010 FIRST FLOOR REFERENCE PLAN 4/4/2016 7/812016 A-011 SECOND FLOOR REFERENCE PLAN 4/4/2016 7/8/2016 A -100 PARTIAL. FIRST FLOOR DIMENSIONED PLAN 4/412016 A -101 PARTIAL FIRST FLOOR DIMENSIONED PLAN 4/4/21736 7/8/2016 A -102 PARTIALSECOND FLOOR DIMENSIONED PLAN 4/4/2016 P<- N N FLORIDA KEYS SPCA Enumeration of Documents 9/17/16 Mark Title Issue Date (Bid Set] Issue Bate (A Rev 1) Issue Coate (A Rev 2) Issue Cate (A Rev 3) ' A -103 PARTIAL SECOND FLOOR DIMENSIONED PLAN 4/4/2016 A -110 ENLARGED FLOOR PLANS 4/4/2016 A -111 FLOOR PLAN DETAILS 4/4/2016 7/8/2016 A -112 RAMP PLAN, ELEVATION, AND SECTION 4/4/2016 A -130 FIRST FLOOR SLAB PLAN 4/4/2016 A -131 SECOND FLOOR SLAB PLAN 4/4/2016 A -140 IFIRST FLOOR EQUIPMENT PLAN AND SCHEDULES 4/4/2016 A -141 SECOND FLOOR EQUIPMENT PLAN AND SCHEDULES 4/4/2016 A-200 FIRST FLOOR REFLECTED CEILING PLAN 4/4/2016 7/8/2016 A -201 SECOND FLOOR REFLECTED CEILING PLAN 4/4/2016 7/8/2016 A -202 CEILING DETAILS 41412016 A-300 ROOF PLANS 4/4/2016 A -301 ROOF DETAILS 4/4/2016 7/8/2016 A -302 - ROOF DETAILS 4/4/2016 7/8/2015 A -400 EXTERIOR ELEVATIONS 4/4/2016 6/1/2016 7/8/2016 A -401 EXTERIOR ELEVATIONS 4/4/2016 6/1/2016 7/8/2016 A -510 WALL SECTIONS 4/4/2016 6/1/2016 7/8/2016 A-511 WALL SECTIONS 4/4/2016 6/1/2016 7/8/2016 A -512 WALL SECTIONS 4/4/2016 6/1/2016 7/812016 A -513 WALL SECTIONS — 414/2016 6/1/2016 7/8/2016 A -514 STAIR SECTIONS 4/4/2016 6/1/2016 A -515 STAIR SECTIONS 41412016 6/1/2016 A -516 ELEVATOR SECTIONS 4/412016 6/112016 A -517 ELEVATOR AND MECHANICAL PLATFORM SECTIONS 4/4/2016 611/2016 7/812016 A-600 CANINE DETAILS 4/4/2016 A -601 CANINE DETAILS - 4/4/2016 A -602 CANINE DETAILS 4/4/2016 - A -603 CAT FEATURE DETAILS 4/4/2016 A -604 CAT FEATURE DETAILS 4/4/2016 A -605 CAT FEATURE DETAILS 4/4/2016 A -700 INTERIOR ELEVATIONS 4/412016 A -701 INTERIOR ELEVATIONS 4/4/2016 A -702, INTERIOR ELEVATIONS 4/4/2016 5/18/2016 A -703 FRONT DESK DE"T"AILS 4/4/2016 7/8/2016 A -704 FRONT DESK DETAILS 4/4/2016 7/8/2016 A -705 FRONT DESK DETAILS 4/4/2416 7/8/2016 A -710 FIRST FLOOR FINISH PLAN AND SCHEDULE 4/412416 7/8/2016 A -711 SECOND FLOOR FIN[SH PLAN AND SCHEDULE 4/4/2016 7/8/2016 A -712 FIRST FLOOR WALL FINISH PLAN AND DETAILS 4/4/2016 A -713 SECOND FLOOR WALL FINISH PLAN AND DETAILS 4/4/2016 7/8/2016 A -720 FIRST FLOOR SIGNAGE PLAN AND DETAILS - 4/4/2016 A -721 SECOND FLOOR SIGNAGE PLAN AND DETAILS 4/4/2016 A -800 M I LLWORK DETAILS 4/4/2016 A -801 MILLWORK DETAILS 4/4/2016 A -802 MILLWORK DETAILS 4/4/2016 A -900 DOOR SCHEDULE 4/4/ 7/8/2016 A -901 DOOR SCHEDULE AND DETAILS 4/4/2016 7/8/2016 A -910 WINDOW SCHEDULE 4/4/2016 7/8/2016 A -911 WINDOW DETAILS 4/4/2016 A -912 WINDOW DETAILS 4/4/2016 7/8/2016 ' STRUCTURAL S -101 GENERAL STRUCTURAL NOTES 4/4/2016 611/2016 S -102 VIAND DESIGN DATA AND LOAD SCHEDULE 4/4/2016 S -201 IFOUNDATION PLAN 4/4/2016 7/8/21716 S -202 SECOND FLOOR FRAMING PLAN 4/4/2016 S -203 IROOF FRAMING PLAN 4/4/2016 FLORIDA, KEYS SPCA Enumeration of Documents 0/19/16 Mark Title Issue Date (Bid Set) Issue Date (A Rev 1) issue Coate (A Rev 2) issue Date (A Rev 3) 5-204 ROOF TRUSS FRAMING PLAN 4/4/2016 HVAC - FIRST FLOOR 7/8/2016 S -301 TYPICAL DETAILS 4 /4/2016 M- 102 S -302 TYPICAL DETAILS 414/2016 S -303 TYPICAL DETAILS 4/4/2016 6/1/2016 S -304 TYPICAL DETAILS 4/4/2016 61112016 S -305 TYPICAL DETAILS 4/4/2016 M-301. S -306 TYPICAL DETAILS - 4/4/2016 S -307 TYPICAL DETAILS 4/4/2016 4/4/2016 5 -308 TYPICAL DETAILS 4 /4/2016 5 -300 STEEL AND CONCRETE COLUMN SCHEDULES 4/4/2016 7/8/2016 S -310 PILE CAP DETAILS 4/412016 S -401 SECTIONS AND DETAILS 4/4/2016 718/2016 5-402 SECTIONS AND DETAILS 4/4/2016 7/8/2016 5-403 SECTIONS AND DETAILS 4/4/2016 S-404 SECTIONS AND DETAILS 4/4/2016 S -405 SECTIONS AND DETAILS 4/4/2016 7/8/2016 5 -406 SECTIONS AND DETAILS 4/4/2016 7/8/2016 M-001 LEGEND, SCHEDULE AND GENERAL NOTES IGENERAL HVAC NOTES AND LEGEND 41412016 E -002 LUMINAIRE CUT SHEETS M -101 HVAC - FIRST FLOOR 4/4/2016 LUMINAIRE CUT SHEETS 4 /4/2016 M- 102 HVAC - SECOND FLOOR LUMINAIRE CUT SHEETS 4/4/2016 M, -201 ELECTRICAL SITE PLAN HVAC SCHEDULES 4/4/2016 E -101 LIGHTING PLAN - FIRST FLOOR M -202 HVAC SCHEDULES 4/4/2016 LIGHTING PLAN -SECOND FLOOR - 4/4/2016 M-301. HVAC DETAILS POWER AND SYSTEMS PLAN - FIRST FLOOR 4/4/2016 M -401 POWER AND SYSTEMS PLAN - SECOND FLOOR HVAC CONTROLS 4/4/2016 E -203 MECHANICAL EQUIPMENT CONNECTION SCHEDULE E -001 JELECTRICAL LEGEND, SCHEDULE AND GENERAL NOTES 4/4/2016 E -002 LUMINAIRE CUT SHEETS 4/4/2016 E -003 LUMINAIRE CUT SHEETS 4 /4/2016 E-004 LUMINAIRE CUT SHEETS 4/4/2016 E -100 ELECTRICAL SITE PLAN 4/4/2016 E -101 LIGHTING PLAN - FIRST FLOOR 4/4/2016 E -102 LIGHTING PLAN -SECOND FLOOR - 4/4/2016 E -201 POWER AND SYSTEMS PLAN - FIRST FLOOR 4/4/2016 E -202 POWER AND SYSTEMS PLAN - SECOND FLOOR 4/412016 E -203 MECHANICAL EQUIPMENT CONNECTION SCHEDULE 4/4/2016 E -301 FIRE ALARM SYSTEMS - PLAN FIRST FLOOR 4/4/2016 E -302 FIRE ALARM SYSTEMS - PLAN SECOND FLOOR 4/4/2016 E -401 LIGHTNING PROTECTION PLAN 4/4/2016 E- 501 ELECTRICAL RISER DIAGRAM - 41412016 E-502 PANEL SCHEDULES 4/4/2416 E -503 PANEL SCHEDULES 4/4/2016 E -601 RRE ALARM RISER DIAGRAM 4/4/2016 E -701 ELECTRICAL DETAILS 4/4/2016 PLUMBING P °001. GENERAL PLUMBING NOTES AND LEGEND 4 /4/2016 P -101 FIRST FLOOR PLUMBING PLAN 4/4/2016 P -102 SECOND FLOOR PLUMBING PLAN - 4/4/2016 P -103 FIRST AND SECOND STORM PLAN 4/4/2016 P -201 PLUMBING FIXTURE SCHEDULE 4/4/201,6 P -301 SANITARY RISER DIAGRAM 4/4/2016 P<- 04 FLORIDA KEYS SPCA Enumeration of Documents 9/19/16 Issue Date Issue Date Issue Date Issue Date Mark Title I (Hid set) I (A Rev 1) (A Flea 2) (A Rev 3) P -401 DOMESTIC WATER RISER DIAGRAM 4/4/2016 P -5[31 PLUMflING OXYGEN AND SCAVENGING ISOMETRIC 4/4/2016 P -G01 IPLUMBING DETAILS 41412016 FP -001 FIRE PROTECTION DETAILS, GENERAL NOTES, AND LEGEND 4/4/2016 FP 1Q1 FIRE PROTECTION PLAN FIRST FLOOR 4/412016 FP -102 IFIRE PROTECTION PLAN SECOND FLOOR 4/4/2016 1111111 a r ri ll Insurance Cancellation Notice Requirements In September of 2009, the Association for Cooperative Operations Research and Development (ACORD) amended its Form 25 Certificate of Liability Insurance (ACORD Form 25) as it relates an insurer's duty to give notice of cancellation of an insurance policy. The changes, and related rulings by state insurance administrative agencies, make it difficult or impossible for construction industry professionals to satisfy some requirements found in several AIA Contract Documents. Due to these developments, edits may be required to the standard text of the following AIA Contract Documents: A107 -2007 Sections 17.1 and 17.3.2 A141 -2004 Exhibit A Sections A9.10.2, A11.2.3 and A.11.4.6 A142 -2004 Exhibit A Section A9.10.2 A142 -2004 Exhibit E Section E.13 A201 -2007 Sections 9.10.2, 11.1.3 and 11.3.6 A201 -2007 SP Sections 9.10.2, 11.1.3 and 11.3.6 A232 -2009 Sections 9.10.2, 11.1.3 and 11.3.6 A232 -2009 SP Sections 9.10.2, 11.1.3 and 11.3.6 A251 -2007 Section 13.1.3 A295 -2008 Sections 10.2.2, 11.1.3 and 11.3.6 A401 -2007 Section 13.3 A401 -2007 SP Section 13.3 A441 -2008 Section 13.3 0101 -1993 Section 9.3 C191 -2009 Exhibit A Sections Al2.9.2 and A14.1.3 C196 -2008 Section 2.4.5 C197 -2008 Section 2.7.5 C198 -2010 Section 2.9.3 C199 -2010 Exhibit A Sections A.5.26.2.2, A6.1.3 and A6.3.6 For more information, please visit AIA.org and read a memorandum entitled "Changes in the Insurance Industry Impact Notice of Policy Cancellation." This memorandum (1) provides an overview of the ACORD Form 25 changes and related rulings by state agencies, and (2) suggests edits that users might incorporate into standard AIA Contract Documents to respond to these changes and rulings. To read the memorandum, visit the AIA Contract Documents Reference Material Web site, www.aia.org /contractdocs /reference. At the bottom of the Reference Material page, click Other Reference Material. On the Other Reference Material page, the memorandum is listed under the subheading "Corrections, Modifications and Important Information." You may also access the memorandum by typing the following URL into your Web browser: www.aia.org/groups /aia /documents /pdf /aiab101644.pdf 1111111 a r ri ll INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3 9.10,1., 9.10.3,12A Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions. 3.2, 3.32, 3,12.8, 3.18, 4,23, 8.3.1„ 95,1, 10.2.5 10.2.8„ 13.4.2, 117, 14„1, 15.? Addenda 1.1.1, 3.11.1 Additional Costs, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15 -1-4 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.2.4, 3-7.4,335, 3.102, 8.3.2, 15.1.5 Administration of the Contract 3.1.3, 4.2, 9.4, 9 -5 Advertisement or Invitation to Bid Aesthetic Effect 4.2.13 Allowances 3.8, 7.3.8 All -risk Insurance 113.1, 113.1.1 Applications for Payment 4.2.5,7,3,9,9 2,9.3,9.4,9.5;1,9.6.3,9.7,9.10, 11.1.3 Approvals 2.1.1, 22,2, 2,4, 3.1.3, 3,10.2, 3.12.8, 3.12.9, 3.12.10, 42.7, 9.3.2, 115.1 Arbitration 8. 3.1,11.3.10,13,1.1,153.2,15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.4.1, 3.12.7, 4.1, 4.2, 512, 6.3, 7.1.2, 7.3.7, 7.4, 92, 9.3.1,9 4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 14.2.2, 14,2.4, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.I, 3.114, 3,12,8, 3.12.10, 4.1.2, 4,2, I, 4.2.2, 4.2.3,4.2.6,42. 7,4.2.10,42.12,4.2.13,52.1,7.4, 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Architect's Additional Services and Expenses 2.4.1,11. 3.1.1,12:2.1,13.52,13.5.3,142.4 Architect's Administration of the Contract 3.1.3, 4.2, 3.7.4, 15.2,9.4.1,9.5 Architect's Approvals 2.4.1,3.1.3,3.5,3.102,42.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.5.2, 15.2, 15.3 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.93, 3,10, 3.1 I, 3.12, 3.16, 3.18, 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 99, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6,4, 11.3.7 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4,4.2.2 ,4.29,9.4.2,9.5.1,9.9.2,9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.33 Award of Separate Contracts 6.1.1, G.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4,1 Binding Dispute Resolution 9.7,11.39,11.3.10, 13.1,1, 15.2.5,152.6.1,15.3.1, 15.3.2, 15.4.1 Boiler and Machinery Insurance 11.3.2 Bonds, Lien 7.3.7.4, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 3.7.1 Cnpitalization 1.3 Ir1 A1A Document A201 rl — 2007. Copyright m 1888 1911, 1915, 1918, 1925, 1937. 1951, 1958 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects® All rights reserved. WARDING: This AIA` Document Is protected by U.S, Copyright Law and International Treaties, Unauthorized repro- Z duction or distdbu#E n of ttris AIA' u nt, r any portion of It, may result In severe civil and criminal penardes, and will b ecuted to the maximum f extant possible under the taw. This document was created on 07/1412016 15 01 49 under the terms of AIA Documents -on- Demand order no 2009338501 and is not for male This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion 1111111 a r ri ll Contractor's Employees 3.3.2,3.4 .3,3.8.1,3.9,3.182,4.2.3,4.2.6, 102, 10.3, 11.1.1,11.3.7,14.1,14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Farces 3.12.5, 3.14.2, 4,14, 6, 11.3.7, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2,3.3.2,3.18.1,3.18 2, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2 11.3.7, 11.3.8 Contractor's Relationship with the Architect 1. 1.2, 1.5,3.1.3, 322,32.3,3.2.4,3.3.1,3.4.2,3.5, 3.7.4, 3.10, 3. I 1, 3;12, 3.16, 3.18, 4.1.3, 42, 5.2, 6.2.2, 7, 83.1, 9,2, 9.3, 9.4, 9.5, 9.7, 9.8, 9,9, 10.2.6, 10 .3,11.3.7,12,13.5,15.1.2,152.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6,6.2.2,82.1,9.3.3,9.82 Contractor's Responsibility for Those Performing the Work 3 .3.2,3.18,5.3.1,61.3,6.2,9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1, 15.1.6 Contractor's Submittals 3.10,3.11,3.12.4,4.2.7, 5.2.1,5.2.3, 9.2, 9.3, 9.82, 9.8.3, 9.9,1, 9,10,2, 9.103, 11.1.3, 11,42 Contractor's Superintendent 3.9,10-2-6 Contractor's Supervision and Construction Procedures 1,22, 3.3,14, 112.10, 422 42.7, 6.1,3,6.'2.4, 7.1.3, 73.5, 7.3.7, 82, 10, 12, 14, 15.1.3 Contractual Liability Insurance 11.1:1.8, 11.2 Coordination and Correlation 1.2,3.2. 1,3„3.1,3.10,3.12,6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1.5, 12.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 14,, 3-7.3, 9.4.2, 9;8.2, 9.8.3, 9.9.1, V. I . 2, 12.2 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.7 Costs 2.4.1, 3,2.4, 3,7.3, 3..8.2, 3.15.2, 5.4.2, 6.1.1. 6.23, 7333, 7.3.7, 7.3.8, 7.19, 9.102, 10.32, 10.3.6, 113, 12. 12, 12.2.1, 12.2.4, 13.5, 14 Cutting and Patching 3.14 62,5 Damage to Construction of Owner or Separate Contractors 3.14.2,6.2.4,10 .2.1.2,10.2.5,10.4,11.1.1,11.3, l 22.4 Damage to the Work 3.14.2,9.9.1,10.2. 1.2,10.2.5,10.4.1,11.3.1,12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.1.3, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2 Date or Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.13 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6.3, 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3.1,2.4.1,3.5,4.16 ,6.2.5,9.5.1,9.5.2,9.6.6,9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1, 3.5,3.12.1,3.12.2,3.12.3,4.1.1, 15.1.1, 5.1, 6.1.2, 72.1, 73.1, 8.1, 9.1, 9.8.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1,7.4,8.3,9,5;1,9.7„ 10 .32,10.4.1,14.32,15.1.5,15.2.5 Disputes 6.3,7.3.9,15.1,152 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.32, 3.4.3, 3.8.1, 3.9, 3.18.2, 423, 4.2.6, 10,.?, 10. 3.3,11.1.1,11.3.7,14.1,14.2.1:1 Equipment, Labor, Materials or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12 3.13 e1, 3: 15.1 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3,2, 9.3:3, 9,5.1::3, 9.102, 102.1, 10.2.4, 14.2.1.1, 142.1.2 Execution and Progress of the Work 1.1.3, 12.1, 1.2.2, 2.23, 2.2.5, 3.1,.111, 3.4.1, 33 1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 82, 9-5.1, 9.9. 1, 102, 10.3, 122, 142, 1 4.3.1, 15.1 3 AIA Document 1*" -2007. Copyrightt 1888 1911, 1915, 1918, 1925 11937,19!31.11968,19611,1963 1966 1970, 1976, 1987, 1997 and 2007 by The American InstitutedArchitects. All rights msemed. WARNING. This AIA" Document is protected by US, Copyright Law and International Treaties. Unauthorized repro- 4 duction or distribution f this AIA €tocumerlt, or any portion of 3t y result In save civil and criminal psna des, and will be prosecuted to the maximum JI extent possible under the law. This document was created on 07/1412016 1501 49 under the terms of AIA Documents -on- Demand order no 2009338501 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only and may not be reproduced pnor 60 is Completion Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1,3.12,10 „4.2.2,.42.7,9.42 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.15, 10.16, 15 1I, 15.15, 152.6, 15.3, 15.4.1 Minor Changes in the Work 1.1,1,3,12.8,4.18,7.1,7,4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1,.1.2, 3.11,, 4.1.2, 42.1, 5.2-3, 7, 8.3.1, 9;7,. 10.3;?:, 113 ,1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.93, 12.3 Nonconforming Work, Rejection and Correction of 23.1, 2.4.1, 3.5, 41.6, 62,4, 9,5.1, 9,8?, 9.9,3, 9.10.4, 112.,1 Notice 2.2.1, 2.3x1, 2.4.1, 32,4, 3.3.1, 3.7,2 5.2 9.7, 9.10, 10.12, 11.1.3, 12.21 1, 13 3, 13.5.1 13.51, 14,1, 141, 15.18, 15.4.1 Notice, Written 2.3.1,2:4.1,3.3.1 ,3;92,3.12.9,3.12.10,5.2.1,9.7, 9.10,102.2,10.3, 11.1.3,11.3.6,12.2.2.1,13.3,14, 15.2.8, 15A.1 Notice of Claims 3.7.4, 10.2.8, 15.1.2, 15.4 Notice of Testing and Inspections 13.5,1, 13.52 Observations, Contractor's 3.2, 3.7.4 Occupancy 22.2, 9 6:6, 9.8, 11.3.1.5 Orders, Written 1.1.1, 23, 3.9,2, 7, 82.2, 11.3.9, 12.1, 12.2.2. 1, 13.5.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.12,2.2,32.2, 3.12.10,6.1.3,6.1.4,6.2.5,9.32, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3 , 13.5.1, 13.5.2,14.1.1.4,14,1.4,15.1.3 Owner's Authority 1.5,2.1,1,2.3.1,2.4.1,3.42, 3.8.1, 3.12.10, 3.14.2, 4.1.2,4.1,3,4.2.4,42.9,52.1,52.4,5.4.1,6.1,6.3, 7.2.1, 7.3.1, 8.22, 8.3.1, 9.3.1, 9.3.2, 9.5.1, 9,6.4, 9.9.1, 9.10.2, 10.32, 11.1.3, 11.3.3, 1 1.3.10, 12.2.2, 12.3.1,1322,14.3,14.4,152.7 Owner's Financial Capability 12J, 11:2.2, 14.1.1.4 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1,1.2„ 52, 53, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 142.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14,2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1,1,1, 1.1.6, 1.1.7, 1.5, 2.2.5, 3.2.2, 3.11.1, 3.17, 4.2,1?, 5.3,1 Partial Occupancy or Use 9.6.6, 9.9, 113,1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5,7.3.9,9.2,9.3,,9 .4,9.5 14.2.3, 14.2.4, 14.4,3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5„ 9.6.1, 9.6,6, 93, 9,10,1, 9.103, 133, 14.1.1.3, 14.14 Payment, Failure of 9.5.1.3, 9.7, 9, 10.2, 13,6, 14.1.13, 14.2.1.2 Payment, Final 42.1,42 - 9,9.82,9.10, 11,1, , 1 1.1.3, 11.4.1, 12.3.1, 133, 14,2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.7.4, 9.6.7, 9.103, 11.4 Payments, Progress 9.3, 9.6, 9.8.5, 9.103,11-6, 14.23, 15.1.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.42, 9.5,1.3, 9.62, 9.6.3, 9.6.4, 9.6.7 14-2-1-2 PCB 10,3.1 Performance Bond and Payment Bond 7.3.7.4, 9.6.7, 9.10.3, 11,4 Permits, Fees, Notices and Compliance with Laws 22.2, 3.7, 3.13, 7.33.4, 10.222 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 AIA Document A201 T — 2007. CopydghtO 1888, 1911,1915, 1918 1925,1937,1951,1958,1961,1953.1%6 1970,1976, 1987,1997 and 2007 by The Arnenen InIt. Institute of Architects. All rights reserved. WARNING This AIA' Document Is protected by U& Copyright Low and International Treaties.. Unauthorized repro- duction or distribution of this AIA * Docurnerfl, or any portion of it, may result In severe civil and criminal penattl s, and will be prosecuted to the maximum extent possibla under the law. This document was created on 07/14/2016 15:0149 under the terms of AIA Documents -on- Demand order no. 2009338501 and is not for resale This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to He m 6 ion Substitutions of Materials 3.4.2, 3.5, 7.3:8 Sub- subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1,3, 6.14, 7.1.3, 7.3.7, 8.2, 83.1, 9.4.2, 10, 12, 14, 15.1.3 Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.23 Surety, Consent of 9.10.2, 9.10.3 Surveys 2.23 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.82.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 151,6 Termination by the Owner for Convenience 14.4 Termination of the Architect 4.1.3 Termination of the Contractor 14,2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 41.2, 426, 4.2.9, 9.4.2, 9.83 9:92, 9.10.1, 10.3.2, 11 .4,1,1, 112.1, 13.5 TIME 8 Time, Delays and Extensions of 32.4,3.7.4,5.2.3 ,72.1,7.3.1,7.4,8.3,9,5.1,9:.7, 10.3.2, 10.4, 1, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2A, 3-2-2, 3.10, 3.11,3.I2.5,3.15A,4.2,. 52,5.3,5A,62 4,73,7.4,8.2,9.2,93.1,9.33, 9 .4.1,9..5,9.6,9.7,9.8,9.9,9.10, 11.1.3, 12.2, 133 13.7, 14, 15.1.2, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 733.2, 73.4 Use of Documents 1.1,1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6-2-1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4,2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.93 9. 103, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.14, 15.1,6 Waiver of Liens, 9,10.2, 9.10 A Waivers or Subrogation 6.1.1, 11.3.7 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.52,3.4.2,3.7.4,3 .12.8,3.14.2,4.1.2,9.3.2,9.8.5, 9.9.1,9.10.2,9.10.3, 11.4.1, 132, 13.42, 15.4.42 Written Interpretations 4,2-11,,4,2,12 Written Notice 2.3,2.4,3.3.1,3.9 ,3.12.9,3.12.10,5.2.1,8.22,9.7, 9. 10, 10. 2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 15,4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12. 1, 122, 13.5.2, 14.3.1, 15.1.2 —2007. CopyrightO r 1966,1970,1976 1987,1997 . extent possible under the law This document was created on 07114r2016 A Documents-on-Demand Documents-on-Demand order no 2009 338501 and is not for resale This document is licensed by the Amencan Institute ofArrhitects, for one-time use only and may not be reproduced prior to Its completion. 1111111 a r ri ll § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights.. § 1.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any„ shown on the Instruments of Service. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants, § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2. 1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. AIA Document A201 T° — 2007. Copyright 1888, 1911. 191S, 1918 1925, 1937, 1951, 1958, 1961, 1963 1966. 1970, 1976, 1987, 1997 and 2007 by The American Ink Institute of Architects. All rights reserved. A I C: This AIA "' bocumant Is protected by US. Copyright Law and International Treaties, Unauth repro- 10 duction or distribution of this AIA" Document, or any portion of it may result in severe civil and crindnal penalties, and will be prosecuted to the maximum 1' extent possible under the law, This document was created on 07/14/2016 15:01;49 under the terms of AIA Documents -on- Demand order no 2009338501 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only and may not be reproduced prior to its completion, § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it, These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 32.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3,3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention, The 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 the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect.. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner - required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work, § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. t9tt. AIA Document A201 i 1 -2007. Copyright 1888, 1911, 1915, 1918, 1925, 1537 1951, 1958, 1061, 1 3. 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNIN is Ale Document Is protected by 11.5. Copyright Law and International Treaties, Unaudsorlaed repro 12 ducdon or distribution of this AIA'' Docn t, r any portion of It y result In severe civil and criminal penalties, and will be prosecuted to the maximum p extent possible under the law. This document was created an 11711412016 15 01.49 under the terms of AIA Documents -on- Demand order no 2009338501 and is not for resale This document is licensed by the American Institute of Architects for onetime use only, and may not be reproduced prior to its completion 1111111 a ri ll § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order, The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (I ) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection, The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. tnit AIA Document A201 "'— 2407. Copyright 0 1866, 1911.1915, 1919 1925. 1937, 1951 1956, 1 1 1966 1970 1976, 1987. 1997 and 2007 by The American Institute olArchitects. All rights reserved- WARNING: This Ale Document is protected by U.& Copyright Low and International Treaties. Unauthorized repro- .� 4 duction or distribution of this Ale Dona nt, or any portion of It y nit ins ere civil and a mina! pears , and will prosecuted to the maximum p extent possible under the law This document was created on 071 4?2C 16 15 01:49 under the terms of AIA Documents -on- Demand order no. 2009338501 , and is not for resale. This document is licensed by the American, Institute of Architects for one -time use only and may not be reproduced prior to its completion 1111111 a r ri ll to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The 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, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect 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, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property {other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce Init. AIA Document A281 *" — 2087. Copyright 1888 1911, 1915, 1918 1925 1937, 1951, 1958 1961.1963, 1 1970, 1976, 1987, 1997 and 2007 by The n Institute of Architects. All rights reserved. WARNING; This AlA Is protected by U & Copyright Law and International Trustee. unauthorized repro- duction or disbidution of this Al ` Document, or any portion of P may result In severe civil and criminal panaffies, and will be prosecuted to the maximum f extent possible under the law. This documentwas created on 0711412016 15 0149 under the terms of AtA Documents -on- Demand order no. 2009338501 . and is not for resale This document is `icensed by the American Institute of Architects for one -time use only, and may not be reproduced r to its completion 1111111 a ri ll Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed_ However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the 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 design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents, The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2,9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating, to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information.. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. AIA Document A201 TM' — 2007. Copyright 1888, 1911, 1915 1918, 1925 1937,1951,1958 1961, 1963, 1966 1970.: 1976, 1987, 1997 and 2007 by The American Init. Institute of Architccts. All rights reserved, WARNING : This MA' Document Is protected by U S. Copyright Law and international Treaties. Unauthodzed pros- .� a duction or diststbutlon of this AI ' Doc ument or any portion of it may res ult In severe civil and criminal ponaftles, and will be prosectAod to the maximum extent possIble under the laws. This document was created on 0711412016 15 0149 under the terms of AIA Documents -on- Demand order no. 2DO9338501 and is not for resale This document is licensed by the American Institute of Arthilects for one-Urns use only, and may rot be reproduced prior to its completion 1111111 sr p § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1A The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article G and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2A The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.21 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. AlAt)ocumentA201TO-2007.CopydghtOI888,1911,1915 1918, 1925, 1937, 1951, 1958, 1961;1963 IM, 1970, 1976, 1987, 1997 and 2007 by The American InIL Ins of Architects, All rights reserved. WARNING: This MA" Document Is protected y US copydght Law and international Treaties. Unauthorized io ro 2� duction or dlstribullon of M AIA" Document, or any of It y utt in severe cla 1 and cimaanal naftl .. and will be p uted tts the maximum 1 extent possible under the lawn. This domment was created on 07114/2016 15A7;49 under the terms of A °A Documents -on- Demand order no 2009338591 and is not for resale This document is ficatised by the American Institute of Architects for ane -time use only and may not be reproduced prior to its completion. 1111111 sr ri ll § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents, Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor, ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.4 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.4.2 The date of commencement of the Work is the date established in the Agreement. § 8,4.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8: § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work, § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operat on the site or elsewhere prior to the effective date of insurance required by Article 1 I to be ALA Document A201 m — 2007. Copyright 0 1888, 1911, 1915 1918,1925, 1937. 1951, 1958 1961 1963, 1966, 1979,1976, 1987, 1997 and 2067 by The American Wt LnstUe of Architects. All rights reserved. MIND: This AiA' Document Is protected by tf.8. Copyright Law and Inte ational Treaties. Unauthorized repro- 22 duction or distribution of this Ale Document, or any portion of It may result in severe civil and criminal panalliles : and will be prosecuted to the maximum extent possible under the lava. This document was created on 67/1412616 15:01 49 under the terms of AIA Documents-on-Demand order no 2009330501 and is not for resale This document Is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the 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 the Owner or a separate contractor; .ti 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 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 1111111 a ri ll § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A201 — 2007. Copyright 0 1689, 1911,1915 1918, 1925, 1937, 1951, 1958,1961. 1 3, 1966. 1970, 1976, 1987, 1497 and 2007 by The American Init. Institute of Architects. All rights reser. FARNING: This A6A� Document is protected by . Copyright Law a International Trances. Unauthorized repro - ducbon or distribution of this AIA "' Document, or any port! on of it rna res uft In severe civil and criminal penalties, and will be prosecuted to the maximurn extent possible under the law. This document was created on 07/14/2016 15:01:49 under the terms of AIA Documents -on- Demand order no. 2009338501 , and is not for resale This document is licensed by the American Institute of Architects for one -time use only and may not be reproduced priorto its completion. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start -up; § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances, § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (1) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3, 1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. [nit, ALA DocumentA201T —2087. Copyright 1aaa, 1911, 1915, 1918, 1925, 1997, 1951, 7959, 196 88 1, 1963, 99 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This AW Domavand is pootatted by U 8. Copyright Law and International Treatise, Unauthorized rep - 2B t#a€c ors or dletribas n of tt3is AI A" Document, or any portion of It y u In s ere civil and criminal densities, and will rsteri to the ximum extant possible under the law, This document was created on 07/14/2016 15:01:49 under the terns of AIA Documents -on- Demand order no 2009338501 , and is rot for resale This document is ficensed by the American Institute of Architects for one-time use only and may not be reproduced prior to its completion. risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation„ insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub- subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3 1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurances § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent 1111111 a r ri ll § 12.1.2 If portion of the Wort: has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORK § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. I f the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4° § 12,2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work; § 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12,2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the 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 the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. tni AIA Document A201 Tu — 2007. Copyright 0 1888.1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1 , 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING This AW'Docurnant is p rotect ed by U.& copyright Law and international Treaties, Unauthadzed repro- duction or distribution of this AW' cu nt, or any portion of It may uh:In severe civil and criminal penalties, and will be prosecuted to the maximum extent pos3ible under the taw. This document was created on 07/14/2016 15:0149 under the terms of AIA Documents -on- Demand order no 2009338501 and is not for resale This document Is lkensed by Ste American Institute of Architects for time ise only, and may not be reproduced prior to its come n. 1111111 a r ri ll § 13.5,5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons: described in Section 14.1.1 or 14.1? exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages, § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.13, § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; ,3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents, AIA Document A201 "' —20(17. CopydghtD 1888, 1911, 1915, 1918, 1925, 1937, 1951. 1958, MI, 1903, 1966, 1970. 1976, 1987„ 1997 and 2007 by The American IML Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by US. Copyright Law and International Treaties unauthorized repro- 34 duction or distribution of this AIA u nt any portion of it y ult in severe civil and criminal penalties, and will prosecuted t the maximum extent possible under the law. This document was created on 07714!2016 15 01:49 under the terms of AIA Documents -on- Demand order no. 2009338501 . and is not for resale This document is licensed by the American Institute of Architects for onetime use only and may not be reproduced par to its completion. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 71 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4- § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss, of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement, Except for those Claims excluded by this Section 15.2. 1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions= (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. AMENDED AND RESTATED CONTRACT BETWEEN FLORIDA KEYS SOCIETY OF PREVENTION OF CRUELTY TO ANIMALS, INC. AND MONROE COUNTY This Amended and Restated Contract is entered into this 1st day of May, 2014, between Florida Keys Society of Prevention of Cruelty to Animals, Inc., a Florida (501)(c)(3) non - profit corporation, ( "CONTRACTOR" or "FKSPCA ") and Monroe County ( "COUNTY"). WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006, September 20, 2006, May 17, 2007 and February 16, 2011, May 18, 2011, August 17, 2011 and as renewed on April 21, 2010; and WHEREAS, the FKSPCA has provided animal control enforcement and services in Key West and the Lower Keys since 1999; and WHEREAS, the animal control facility on Stock Island has been in poor condition and in order to build a new and improved animal shelter, the FKSPCA as a 501(c)(3) non - profit corporation has raised funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S. 287.05712; and WHEREAS, the City of Key West has amended its 99 -year Lease Agreement with the County to provide a new location for an animal control facility to be built; and WHEREAS, the County and FKSPCA further intend to enter into this comprehensive agreement pursuant to F.S. 287.05712 for long -term animal control services and enforcement in exchange for an animal control shelter to be built by the FKSPCA; and WHEREAS, the BOCC finds that the development of a new animal control shelter serves a paramount public purpose and would otherwise be a permissible use of County funds; and WHEREAS, pursuant to F.S. 287.05712, the County has further determined that the proposed project and partnership is in the public's best interest and provides an overall public benefit and that the financial plan submitted by FKSPCA is reasonable and consistent with F.S. 287.05712(11); and WHEREAS, in consideration of the savings to the County taxpayers in that FKSPCA will be building a new animal control facility to serve the public, the BOCC finds that it is appropriate to enter into this agreement in consideration of that promise; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to enter into a comprehensive agreement and amend and restate the contract as follows: 1. TERM OF AGREEMENT This agreement shall be for a period of 20 years beginning May 1, 2014 and ending at 12:00 midnight on April 30, 2034. The term of this agreement shall be renewable in accordance with Section IV. 2. AMOUNT OF AGREEMENT /AVAILABILITY OF FUNDS The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties of the County as to providing animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay to the Contractor a not to exceed amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS ($515,000) per year on a reimbursement basis equal to 1/12 of this amount or $42,916.67. If a reimbursement request is less than the per month reimbursement amount of $42,916.67, the unused balance will be rolled over and available for future reimbursement request. The contract amount, upon mutual agreement by the parties, can be adjusted based upon an analysis of increased shelter operations, increased operational cost or other justified reasons relating to animal control services and enforcement as set forth in this agreement. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise required by law. A. PAYMENT Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will be submitted to the Public Works Department. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and Attachment A - Expense Reimbursement Requirements. Evidence of payment by the Contractor shall be in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. The Contractor's final invoice must be received within sixty (60) days after the termination date of this contract as shown in Article I above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article II of this agreement. The Contractor, as a 501(c)(3) non - profit corporation, agrees to provide the documentation listed in (a)- (f) on an annual basis and upon request by the County. Payments are subject to this information being provided on an annual basis or upon request by the County. (a) IRS Letter of Determination indicating 501(c)(3) status; (b) List of the Organization's Board of Directors of; for each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; and 2 (f) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions. The Contractor shall cooperate with County monitoring visits that the County may request during the contract year, and shall provide such other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 3. SCOPE OF SERVICES: A. The Contractor shall provide all staffing, equipment, and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida 33040 and upon completion at the new "Facility" and provide complete animal control enforcement services from Mile Marker 0 to 16.7 (the Harris Channel Bridge), including the City of Key West. i. STAFF The Contractor will fully staff, operate and perform all current functions of the Shelter, as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the Director of Public Works or designee prior to implementation. The contractor shall provide a list of employees by name and title, including but not limited to, shelter manger(s) and animal control officer(s). Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: 1. The Contractor shall provide all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. ii. COMPLIANCE WITH LAW The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. 10D- 3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16 -29, Animal Control Shelter Permits. iii. CARE OF ANIMALS The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. Each shelter facility has a perimeter fence to confine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the Shelter's fenced area(s) unless it is in an appropriate cat or raccoon trap. 3 1. The Contractor shall provide appropriate care for sick and injured animals in its custody and shall obtain the services of a veterinarian who is licensed by and in good standing with the Board of Veterinary Medical Examiners for the State of Florida for consultations and /or professional services. 2. The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors or designees of the Shelters. The primary drug to be utilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director of Public Works or designee. 3. The Contractor shall provide heartworm testing to all adoptable dogs, provide deworming to all adoptable animals, and shall have a program in place for flea and tick control. The Contractor shall provide FIV and Feline leukemia testing for all cats retained in the facility for adoption. iv. ADOPTIONS 1. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. 2. The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long -term homes. The screening procedures shall be reviewed periodically by the Director of Public Works or designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "Gl" unless modified by written and signed directive from the Director of Public Works or designee. 3. The Contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. v. ISSUANCE OF COUNTY LICENSES The Contractor will issue license certificates and corresponding tags for dogs, cats and ferrets as required by the Monroe County Code and collect and remit to the County the fees established by the County Resolutions attached hereto as Exhibit "B." The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and 4 tracked, and Contractor is responsible for returning copies of each numbered certificate that is either issued or voided (including tag for all voids) to the Director of Public Works or designee on a bi- weekly basis. vi. POLICIES AND PROCEDURES MANUAL The Contractor shall maintain a Policies and Procedures Manual for guidance of all staff. At a minimum, it shall set forth the following: Goals and Objectives of the Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature of law enforcement, pick -up of dead animals, or other. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a) prerequisites for certain positions b) keeping staff current 6. Training provided* shall include: a) Shelter Policies & Procedures (required of all staff, including volunteers) b) Basic Pet Care c) Veterinary Health Care d) Animal Behavior e) Animal Handling f) Breed Identification & characteristics g) Obedience Training h) Behavior Problem Solving i) Counseling Methods j) Conflict Management (required of all law enforcement personnel) k) Grief Counseling 1) Telephone Manners and Customer Service Skills *Items a & j must be at least in part provided in a classroom or seminar type setting, with live or video teaching. All other training may be self - study, although some in- person or video training is highly recommended. Training shall be provided appropriate to the position filled by the worker, whether that worker is an employee or a volunteer. Adoption Guidelines, which shall absolutely require sterilization of all animals prior to release to adopter Other guidelines shall address, at a minimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life of the animal. c. Animal's disposition and that of members (human and animal) of the household to enhance as well as possible the probability of successful placement. vii. HOURS OF OPERATIONS At a minimum: the Shelter shall be open to the public at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays. The Contractor shall provide the shelter schedule to the Public Works Department. 5 Hours of operation as set forth above may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties. B. SHELTER FACILITY/ PREMISES Due to the poor condition of the current animal control facility, The Contractor shall construct a new animal shelter ( "the Facility" or "Project ") on the "Relocated Premises ", which is more particularly described on Schedule B of the Amended and Restated Lease Agreement, which is attached hereto an incorporated by reference. The Contractor's unsolicited proposal is attached hereto as "Unsolicited Proposal for a New Animal Shelter" and incorporated by reference. The County understands that the Contractor is building the new Facility with tax - deductible donations to the Contractor, which is a 501(c)(3) non - profit organization. To maintain the tax - deductible status of donations, the Facility is required to be an asset of the Contractor with the understanding that the Facility and any improvements thereto will become the property of Monroe County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor shall execute any and all documents required to convey clear title of the Facility to the County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor will use the Facility to provide the services as outlined above. The County must review and consent to the design, development and construction of the Facility before the Contractor proceeds with work. The Contractor must comply with the County's competitive bidding procedures as set forth in Section 2 -347, Monroe County Code and the Monroe County Purchasing Policy and Procedures. Also pursuant to F.S. 287.05712(9), the Contractor shall provide delivery of performance and payment bonds, letters of credit, or other security acceptable to the County in connection with the development or operation of the Facility in the form and amount satisfactory to the County. For components of the Facility which involve construction, the form and amount of the bonds must comply with s. 255.05, Florida Statutes. Unless the County finds that the security provided is insufficient, the County will accept security in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; and /or documentation provided by a financial institution of a line of credit assigned to the construction of the Facility. The Contractor shall file on a quarterly basis, the appropriate financial statements that pertain to the Facility and other security as set forth above or that may be required by the County. If this agreement is terminated by the County, the Contractor shall be entitled to reimbursement only for the actual cost of work completed in construction of the Facility, including architecture fees and permits fees. The total reimbursement will not exceed the total cost of the construction minus depreciation, using a straight -line method of depreciation and will be amortized over a period of 30 years. After 30 years, the Contractor will not be entitled to any reimbursement for construction and the Facility and any improvements to the Relocated Premises becomes the property of Monroe County. The County grants and authorizes the Contractor to use and develop the Relocated Premises described as Schedule B in the Amended and Restated 99 -year Lease Agreement with the City of Key West as attached hereto and incorporated by reference. The Contractor agrees to be bound by all of the terms and conditions as set forth in the Amended and Restated Lease Agreement and Joint Participation Agreement (JPA) attached hereto and incorporated by reference. The Relocated Premises is to be used exclusively for animal control services, an animal shelter and its related and associated uses. The Contractor shall develop and use the Relocated Premises as an animal control facility for animal control enforcement and services in Key West and the Lower Keys. The development and construction of the Facility shall comply with the provisions in the Amended and Restated Lease Agreement. Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in consideration of additional cost directly related to operation of the new Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, in an amount to be determined, on a reimbursement basis in compliance with the provision for payment as set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over $1,000.00 and are approved by the Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation amount set forth in paragraph 2. The County grants and authorizes Contractor to use City property as set forth in the Revocable and License Agreement for Use of City Property, as attached hereto and incorporated by reference. The Contractor agrees to all of the terms and conditions as set forth in the License Agreement. As per the License Agreement the Licensor /City of Key West and the County do not assume any liability whatsoever for any damage which may occur on the Licensed parcel. C. ENFORCEMENT SERVICES The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited to: 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after a 90 -day probationary period. The Contractor is to provide the Director of Public Works, or designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24 -hours per day /7 -days a week) for Priority One calls which are: a. Injured animal; b. Bite cases; person bit by any warm - blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; f. Animal cruelty investigations; g. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; 4. Picking up dogs that are running at- large; 5. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the public of the availability of cat and raccoon traps. 6. Non - emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights -of -way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 8. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations and ordinances. 9. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations (Resolution No. 290 -2010 and animal control citation form attached hereto in Exhibit "G3 "), and /or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Monroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all cases originated by Contractor including representing the County in court if necessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. D. FEES. The Contractor shall collect and remit to the County all funds that are collected for fees, such as license certificates, citations, penalties, adoptions etc., required to be collected pursuant to Monroe County Code Sections 4 -39, 4 -45, 4 -46 and 4 -66, and Monroe County Resolution No. 240 -2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit "B." Checks received for these fees shall be made payable to Monroe County and remitted directly to the County. In this regard, the Contractor shall issue numbered receipts and keep appropriate records of all funds received and shall provide to the Director of Public Works or designee on a bi- weekly basis copies of daily cash reconciliation forms, daily bank deposit information and original license certificates that are issued or voided. All funds must be deposited into specific Monroe County bank accounts, and all requests for waiver of any fines or fees owed to the County must be submitted in writing on the County- approved affidavit form to the Director of Public Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." The Contractor shall only charge fees as outlined in Monroe County Resolution No. 240- 2006, as amended by Resolution Nos. 386 -2006 and 599 -2006, as same may be amended from time to time; said Resolutions are attached hereto and marked Exhibit "B." The Contractor shall not charge any fees for services at the Shelters unless approved in writing by the Contractor and the Board of County Commissioners in the form of a contract amendment. 8 In addition to the transactional fees as set forth in the resolutions and as required to be remitted to the county pursuant to Sec. 4 -39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(s) for services, including sterilization pursuant to Sec. 823.15, Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more to the public than the average cost of any of the services provided which are not required under this contract. E. REPORTS On a bi- weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4" as same may be amended from time to time. F. HURRICANE OR OTHER NATURAL DISASTER In the event of a hurricane or other natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. In this regard, the Contractor shall designate sufficient staff who will be able to remain in the County hurricane or similar natural disaster to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are at large. The Contractor will supply those employees' names, addresses and telephone numbers to the County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or similar natural disaster. G. PETS IN SHELTERS Contractor shall provide the services designated for the Animal Control /Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. 4. RENEWAL: The County shall have the option to renew this agreement for an additional ten (10) year period after the initial 20 year period. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the consumer Price Index (CPI) for all urban consumers (CPI -U) for the most recent 12 months. S. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelters. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. 6. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, 0 the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. 7. UTILITIES: The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility accounts will be held in the Contractor's name. 8. VEHICLES Contractor shall provide a list of all vehicle(s) currently used and any vehicle(s) that the Contractor acquires or uses in performing /providing services under this agreement, the Contractor shall include and list those vehicle(s) under this agreement with the VIN (vehicle identification number) and the Contractor must adhere to all insurance coverage requirements under this contract. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. 9. HOLD HARMLESS /INSURANCE REQUIREMENTS: The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. General Insurance Requirements As a pre- requisite of the activities governed by this contract (including the pre- staging of personnel and material), the FKSPCA shall obtain, at their own expense, the types and amounts of insurance specified below, which are made part of this contract. The FKSPCA will not be permitted to commence any activities governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The FKSPCA shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated or replaced. The FKSPCA will be held responsible for all deductibles and self insured retentions that may be contained in the FKSPCA's Insurance policies. 10 The FKSPCA shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non - renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and /or approval of the FKSPCA's insurance shall not be construed as relieving the FKSPCA from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Specific Insurance Requirements Employee Dishonesty Insurance The FKSPCA shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the FKSPCA's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: $100,000 per Occurrence Commercial General Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: 11 $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. Business Automobile Liability Insurance Recognizing that the work governed by this contract requires the use of vehicles, the FKSPCA, prior to the commencement of activities governed by this contract, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Workers' Compensation Insurance with limits as set forth in Florida Statute 440. In addition, the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of this contract. All Risk Property Insurance "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to CONTRACTOR Veterinarian Professional Liability Insurance 12 Recognizing that the activities governed by this contract may involve the furnishing of professional services by a licensed Veterinarian, the FKSPCA shall purchase and maintain, throughout the life of the contract, Veterinarian Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of a Veterinarian arising out of activities governed by this contract. The minimum limits of liability shall be: $1,000,000 per Occurrence /$2,000,000 Aggregate Insurance Requirements for Contractors and Subcontractors Engaged by the FKSPCA All provisions specified in the General Insurance Requirements (including the County being named as an Additional Insured) specified above shall apply to all Contractors and Subcontractors engaged by the FKSPCA. Prior to the commencement of any activities of Contractors and Subcontractors engaged by the FKSPCA, the FKSPCA shall ensure that the Contractors and Subcontractors are maintaining the following types and amounts of insurance. Commercial General Liability Insurance Coverage shall be maintained throughout the life of the agreement between the FKSPCA and the Contractor or Subcontractor and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of the contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA. The County must be named as an Additional Insured on all Contractors and Subcontractors Commercial General Liability policies. 13 Business Automobile Liability Insurance The FKSPCA, prior to the commencement of activities governed by the contract between the FKSPCA and any Contractor or Subcontractor shall ensure that all Contractors and Subcontractors will maintain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by a contract between the FKSPCA and any Contractor or Subcontractor, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Builders Risk Insurance Prior to any construction activities engaged by the FKSPCA, the FKSPCA shall obtain Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include coverages for: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the finished structure, shall be included as property covered. 14 Additionally the Contractor agrees to obtain and adhere to the insurance requirements as set forth in the Amended and Restated Lease Agreement Revised Joint Participation Agreement and Revo cable License Agreement for Use of City property 10. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a) At any Monroe County Animal Shelter; (b) For the benefit of animals in Monroe County; or (c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of County Said donations and grants shall be used by Contractor only for the benefit of shelter animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. 11. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the Shelter facilities and equipment in "as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the Contractor. A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing from the Public Works Department. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds or other funding sources and the Contractor shall provide said list to the Public Works Department, as amended, when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any 15 part thereof, from the premises during the term of this contract, at the expiration thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable damage to the Premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses of repairing damage caused by such removal. 12. INVENTORY: Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. 13. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS The Contractor hereby agrees that he has carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that such site(s) is (are) correct and suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 14. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS The Contractor shall be responsible for the shelter premises. The Contractor shall: a) Maintain the Shelters and Premises, including kennel areas, cages, and euthanasia room(s) and all equipment in a clean, safe and sanitary manner. b) Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment in order to keep same in proper working condition. Prior to commencement of any repairs, the Director of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost. The Contractor will accept the facilities and equipment in "as is" condition. All operating supplies and any additional equipment such as catch -all sticks, cages and the like shall be the responsibility of the Contractor. c) Contractor shall have the right during the term of the contract to construct, re- construct, re- model, paint, decorate and re- decorate the Shelter; provided however, that all such improvements to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits and prior written approval from the Director of Public Works or designee is obtained; written approval by the Director of Public Works or designee shall not be unreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. If at the expiration or termination of the contract the Contractor wishes to leave the improvements or personal property at the Shelter, Contractor shall obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor to remove them from the Shelter. If Contractor fails to remove personal property or improvements that a) Contractor leaves on site and b) the County requests removal, the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract, those assets will become the property of Monroe County, unless otherwise agreed to in writing by the County. 15. FUNDRAISING: The Contractor may not use the Shelter Facilities for fundraising events or for selling merchandise or services unless the County does not object after the Contractor notifies the County in advance and unless the funds raised, less related costs, are used to benefit the animals in Monroe County. The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4- 39, 4 -45, 4 -46 and 4 -66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from time to time. Said fines and fees shall be remitted to the County as set forth in Sec. 4 -39 of Monroe County Code. Contractor shall account separately for all donations and funds received: a) At any Monroe County Animal Shelter; b) For the benefit of animals in Monroe County; and c) Off of Monroe County premises for which the donors have a reasonable expectation that the funds may be used out of Monroe County. Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations received at Monroe County Animal Shelters shall only be used to benefit the animals in Monroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. 16. NON - DISCRIMINATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to 17 time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 17. INSPECTION OF BOOKS AND FACILITIES /AUDIT /ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. 18. PUBLIC RECORDS: Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 19. MEDICAL RESEARCH In no event shall any animals under the care, custody, or control of the Contractor be given, bartered or sold to any medical research company. 20. CAT /RACCOON TRAPS: 18 The County hereby leases its cat /raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat /raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. 21. BREACH OF TERMS BY CONTRACTOR The passing, approval, and /or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. 22. TERMINATION WITHOUT CAUSE The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty (60) days prior to the date of termination. 23. TERMINATION WITH CAUSE The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. 24. ASSIGNMENT The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this 19 agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 25. COMPLIANCE WITH LAW In providing all services /goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 26. DISCLOSURE AND CONFLICT OF INTEREST A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 27. FINANCIAL RESPONSIBILITY The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. The Contractor represents by signing this agreement that it has the financial ability and responsibility to develop and construct an animal control facility on the Relocated Premises and that it will be solely responsible for all cost associated with the Project and that funds reimbursed under this contract are not for the development and construction of the Project. As per the 99 -year Amended and Restated Lease agreement, the Contractor shall provide a performance guarantee to the County before a building permit will be issued. The Contract shall warrant, prior to issuance of a building permit, that Contractor has the financial capability to construct and complete the Project/The Facility as planned without the need to request further funding from County for same. The Contractor shall confirm in writing (in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; documentation provided by a financial institution of a line of credit assigned to the construction of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such to be in a position to construct and complete the Facility. The County /BOCC shall address any deficiencies in funding. The County /BOCC has the option to reduce the size of the project/The Facility in order to meet any deficiencies in funding. 28. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: F Monroe County Administrator and Dent Pierce, Director and County Attorney 1100 Simonton Street Monroe County Public Works 111112 th St., Suite 408 Key West, FL 33040 1100 Simonton St., Rm. 2 -231 PO Box 1026 Key West, FL 33040 Key West, FL 33041 -1026 FOR CONTRACTOR: Florida Keys SPCA 5230 College Road Key West, FL 33040 29. TAXES The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 30. GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 31. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $25,000.00). 32. AUTHORIZED SIGNATORY The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) He or she is empowered to act and contract for Contractor. (c) This agreement has been approved by the Contractor's Board of Directors. Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of its Board of Directors. 33. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. 34. NON - RELIANCE BY NON - PARTIES 21 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 35. SURVIVAL OF PROVISIONS Any terms or conditions of either of this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Agreement as of the date first written ahnvP_ Print Name: 0 4-o /PS A k &jmez,,,7 By: (' X / Lt WITNESS Print Print Name: 7S ikQ_ ' u-'r V) Q_. Ca Qr '" t �+ LLJ Q �Z O Cc � GOs U_ l W = �� 4 ` tai 22 BOARD OF UN MMISSIONERS OF ON COU OID By: ayoiKhairman CONTRACT By: Presiden Florida Keys Society for the PreventI f Cruelty to Animals, Inc. MONROE COUNTY ATTORNEY — APPROVED AS TO FORM: CHRISTINE M. L.IMBERT- BARROWS ASSISTAI`JT GCUNTY ATTORNEY Date �� (� Attest By: WITNESS ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all - inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305 - 292 -3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter- company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor Invoice must be included Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice Is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non - allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non - sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D -C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200_ by who is personally known to me. Notary Public Notary Stamp EXHIBIT "B" PAGE 1 OF 4 RESOLUTION Na 599- 2U06 A RESOLUTION OF THE BOARD OF COUNTY COMMiSSiONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUTION NO. 3 SSIO TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS, Resolution 386 -2006 was passed by the Board of County Commissioners on September 20, 2006 providing for one -year and three -year County licenses, fees for dogs, cats and ferrets and rsplacerntent li cense, , WHEREAS, a scrivener's error resulted in the omission of the 3 -year County license fee for cats that are "nor spayed'newrered and 6 nwwhs ofage or older", 2.E. (2)(b), and WHEREAS, the animal control cc)wmctms report that there are a sufficient number of people selecting the three -Year vaccine for their pets to make the alternative three -year license also desirable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: I. Section 2.E. of Resolution No. 386 -2006 is hereby amended to read a { a a ry CO 2. 04 (1 County License: ONE YEAR YEAR (1) Dogs: THREE (a) Anirrml is spayed/neuteted or trader 6months of age S 10 S20 (b) Animal is not spayed/nentered and 6 months of age or older S35 (2) Cats: $75 (a) Animal is spayed/neutered or under 6months of age SID $20 (b) Animal is not spayed/neutered and 6 months of age or older $35 7 (3) Ferrets: $6 SID (4) Replacement (per replacement, regardless of years covered) $2 (5) Dogs and cats with microchips or other means of permanent identification and with regi m the or a national ideudif cation service current to the owner, shall receive a SS discount from the annu fef PASSED AND ADOPTED by the Board of Coumy Commissioners of Monroe , meeting of the Board held on the 15th day of No vem b er, 2006. ate' !'aD'a C13" 0 0 Mayor McCoy Yes Mayor Spehu Yes S , n Commissioner Neugent Yea CA Commissioner Murphy Yea y rn j Comnjissioner DiGennaro Yes (SCSI) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Attest: DANNY L. KOLHAGE, Clerk By: � _.f �. L.E 'j�G�1 By. Y Deputy Clerk MONROE COUNTY ATTORNEY Mayor /Chairman AP VED AS TO ZANNE A. U ON COUNTY = oat• _�� a a' a a a EXHIBIT "B" PAGE 2 OF 4 A RB MU rM OF TM BOARD OF COUNTY COMUSBOWM OF K ONROJ A COUNTY, FLOmDA. AAffiKMNG RESOLUTION N0. 2467Mi TO PW TWan-YEAR ALTERNATIVE ]N TM DOG, CAT E 9MlWT LICENSEE nM& VnUMU %RmobM=No. 240 -2006 van pmd by the BOwdOf Canty Cammmtoaats (BOCC) to tevisa the Beat to be dwpd hr van= amUW oamd eavim ; and W itB,AS, Raobmw No. 240 2006 ehmmMd the W m em dn'ee'pear bmm atmisble is ootg�Aico with the thtae -year tabtat vaaane whirl am aid b soars Pets; and WHEREAS, iho aoittlal ooapd ooatraetots ntpott tut dtwe ste a a»B6cient number of people stdocotlg �° dn& ar vaccine for their pots to mks tk atemative duceyar hcme W o desks a Now, '1'mlF m BE rf RESOLVED BY THE BOARD OF COUNTY coNU SWNERS OF MONROE COUNTY, tut: 1. Sedioo 2.E. of Rmhmfm No. 240 -2006 is bweby amended to Iead: E. Canty Limey. (1) Dop: $10 $20 (a) Animal is epayedlneateeed anetder 6ntotttu of+Ba (b) AniaW is ad apyed/eeataed cad 6 moetlts of age or older $35 STS (2) Gds: is is (a) An $10 $2 ml not l gp nayee or dhmu and 6 momhe of ega or dder $35 (b) Animal no t epd/aeata�sd (3) Festers: $6 SI O (4) Replaoa vxl (par replacement, ragto&= of yearn oovered) $ 2 (5) Dogs sod dda with aaicmcbP a Odw means Of pwmmmW mkmbB.wbm and vith tegirfta000 to dm Comfy or a osbmW xk a ficx im savm asnam to dte owner, eba11 moeive a $5 amolmt from the smaid Hennas fee. PASSED AND ADOPTED by the Boxed of County Com ummooaa of Monroe County, Florida. st a medm of the Hood hdd an the 20th day of Septud er 2006. Mrjor McCoy Mayor Spam MONROE COUNTY ATTORNEY � APPROVED , aa, NATILFENE W. - n AWIatANT QQppUUNTr � ya Dan. cater tp ago BOARD OF COUNTY (70M11 a OF MONROE 9VUM, FLO z: Cl) arrk a D rn �r t� Mrjor McCoy Mayor Spam EXHIBIT "B" PAGE 3 OF 4 Companion to Alternate Versions RESOLUT WN NO. 240 206 A RESOLUTION OF THE BOARD OF COUNTY COMIMUSUONERS OF MONROE COUNTY, FLORIDA, RIPEALiNG AND REPLACING RESOLU77W NQ 261,2683 TO PROVIDE CHANGES TO DOG, CAT & FERRET 1JCENSE FEES, WHEREAS, Rexbdw Na 261 -2005 was paaeed by the Board of County Commissioners (BOCC) to require the issuance of a dog license to oomapond with the length of effectiveness of the rabies vwdaation actually admired; and WHEREAS, the BOCC has passed Oidt xwr Na 006 -2006 requiring licensurc of dogs, cuts and ferrets, and WHEREAS, the BOCC has determined that it is in the beat Werests of the pubic to change Chapter 3 of the Monroe County Code to ahio ra*dm lioamure of ferrets and to change the age at which licenses are required to conform licensure to the Soft rabies vaccination laws gad WMRFAS, the BOCC has determined that there a no public concern about the het previously fend by the BOCC that calls for pick up of un-na wmid and wuprayed dogs at large esoeed such cab for dogs who have been acute-ad or spayed; sad WHEREAS, it is desired to reduce the aopt of pet owners who do not keep their pets from roaming at large; NOW, THERXFOAE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: 1. ReaAdian Na 261 -2003 is hereby repelled. 2. Fees shall be collected fbr the following services as specified: smyn EW A- Pick-111t`: (1) First Time $25 (2) Second Time $50 (3) Third and each additional time within a 12 -mondt period $100 `Tbe above pick -up !lees WWI be doubled if the animal picked up was not vaaamted for rabies. (4) UnaMvd a omd at Im'VJL -mV a w prioa licanw. If an unaltered animal comes into the shelter, either by being picked up or brought in, there will be an additional $100 fine for the fact that it is unaltered and that fine will be waived if owner or assigned meWw &grow ro alter the animal prior to leaving the shelter. B. Bf a&u (per night) slo C. MOW= $10 D. Qitlt=L s10 Rona RM 261 -MOS I (C*=P=i sib oN AMrd 80&2006 Atrrrb VWnioe App 6 21 06) EXHIBIT "B" PAGE 4 OF 4 E. Sd2U0l7C Imo; PER YEAR* ( Togs= (a) Animal is spayedtneutaed or under 6months of age $10 (b) Animal is not spayedhmtered and 6 months of age or older S35 (2) Cats: (a) Animal is spayed/neutaod or rmdar 6months of age S 10 (b) Animal is not g ayedhmuserW and 6 months of age or older $3 5 (3) Ferrets: $6 (4) Replacement S 2 (5) Dogs and cots with microchips or other mans of permanent identification and with registration to the County or a national idendfication service current to the owner, shall receive a SS discount fi m the annual hown fee. * Licenses are to be issued on an annual basis. However, any thrwyear license previously isaacd in conformity to a three -year rabies vaccine and pursuar t to Rsoob wn 2612003 shall remain in effect until its natural expkation date. F. (1) First year $100 (2) Annual Renewal S SO G. $ (per litter) $ 50 Litter registration is requited before birth. The owner of a pregnant animal shall be assessed a litter fee of $50 for each lifter If the litter is not registered, there will be $100 fine for first ofibuse SM fine for second offme, SSW Sae on third offense. At the first ofl;ense, the fine of $100 will be waived if ownedonvtalmr qpm to alter the litter and breeding mother. PASSW AND ADOPTED by the Hoard of County Commissioners of Monroe County, ax a BOARD OF CO COhO ISSIONERS ( OF MONROE , FLORIDA After DANNY L. KOLHAGE, Clerk By: By. -�- MayorfiCheirnuui Dapdty Clark YONPM COUNTY Ar N 'Y APP gNED AS wws a... 261 soon 2 (Gbmpei YON Dam oo 100rd Mead 006.1006 AYer1s Ynim App 6 2106) meeting ofth Board Geld on the 2lat day of June ,2006. 3 p 'w 0 z � Mayor McCoy Te �*..� � � Mayne Spehar Tea r ,? r r - � o Commissioner Neugent tea C�ommustoner Patton Zea Z .r r ,r � r*t lglOner 8100 Tel O D C7 EXHIBIT "GI" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION'S NAME ) Monroe County, Florida This Agreement is entered into between (name of Adopter) the "Adopter," and name of organization) the "Agency" this (days day of (month l, 20_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not - for - profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay /neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES I, , (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certify that: I am the owner of (name(s) of animal(s) who are, respectively, , and (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to , $ (date of 1s charge) (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. 3. That I am unable to pay (check one) 1) the charges (or) 2) any more than S without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) I do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _day of ' 20 1 , by , who is personally known to me or who produced ,as identification. Concur Concur Notary Public - State of Florida at large Animal Control Director a a County Administrator EXHIBIT "GV FORMS REQUIRED TO BE USED BY CONTRACTOR RmOtXTION NO. m • IIA A RffSOLUtKW Of TIM BOARD OF COCWW C0Dv4fssw"m OF moplog COUNTY, VWItTDA, APPROVING THE AN 04AL COMIAL WATIM 10 IN URD PUMA W, TO SECTION 446 or Tom mOm"X CAXWW COOL ViEZUM Section 4-46, epos obmvin3a VXAxh= of Ovow 4,ofth,, MM an Wall Wdl-ral &*OMW Ot SHOW 00" OMM. Of any ocher law enraroeraent nl"soer, pray roue s citatiion; and l%W3XAS, tk- ammW cowft) c"on used OW1 be in O"Wigy the mm from U approved by Boot tew*jdm and WUNAS, the an word dkum Awk be approved by the Buvd or COMY C 4mmam " m r *r the p o f v Wmg en omment of L& Monm County Amml Contra OrdrAw, and WHIREAS, Section 4-46, MCC sea forth do requited wAnwfion dint shalt be can(Weed in the citslkml. NOW THERUMU, BS IT RZSOL'e%D IW INE BOARD OF COMY CM995FAMM (W MONEM MGM. IMMUD& THAT: 1. mm l e e r I er CAWKY commusimets of Mons" comsy on 0 Ow =MO castral '- - sftdW '- 1' =4 pmengad ft Sw. 4-46 et do )Mamme CWMq Code. rWpdrW &W ON SAIMA! 00♦11d C9111nKfOn M diffilbW M - t --- - da% the not hm a appo i id bembL MVWD AND ABOFM by the Bawd of County Commosiam of Mon= County. FWW on 0* 1 M day of Sca mbar. 2010. %UYIX sybis Murphy m"m Pro Teo Hemaw cvftdbm cmmbliow Kim wjj' von C4WftfK*PUW Cursor NW4pd COMM46ow M660 1> clumm (SM) Anew DAKRY L. X01 AAGF. CLERK r\ Deputy Ckwk Yet LV Ydim rg 11 OARD OF COUNTY CO M l aw i m - mem i l OF MEPME CXX T.M. FIDMA MoONAOE GM)PITY ATT0'::Nr.-'.' APP ()V!: 'j A" TP FOR164: EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RIVOLLTM NO. 290 .21110 A RIIAOLU" Of TW MAIM OF COLT W COWNSSWKM of MOWROZ COUM, rwinDA, APPRovM Tim ANWAL CoplIKOL CffAIM TO BR VM PURSUAYr TO SWnON 4.46 OF T" MONKM CI)UKW COOL WIMM pAgAn I M C Cab (MCC) UaWn 446. UM qbmmng a vi*WWo of MWw 4 oftho MM. an Phual toss A*mMwf or Atli" cMFQ Offim. Of any other 1A* "*new" nfilow. may 1we a cfttkmk and %IHKRL4A the wii" 40ft) Cb9i0" WW " be in A6%1tAWiW1Y the &am WM 1 $ approved by Board mwAd* and WHEREAS, the =Md 000W 4*01 *AM be wmwA by ft'kwd of Iruw%'v C offlo W l i Cen r the p of VWh* emfomemm of the Mmm Canty Aflitul co"01 owbenw; ow WX&MU, Section 4-46, We wo font & raped winsafin that sbaft be cnasimd in the ciiatkvn. NOW THMIGM, BE ff MOLIKID 1W THE BOARD OF CUUNW COMMUROKWOF MOM= C(PUM, FLOWA, THAT: 1. The Be" *r c""y c4asksiaam of M*"" copoly of 0, 00 on an cm d ckmdm aftschm! E r a to sz4 pwwwd to See; 446 d The )11 - 0 CAPEWy Coils, i m jpd m &W #A sabW cmad cutrwftn we cilefiew in - t - r - Walls the Mae bm so approwd A I! MWED AND ADOPIITD by the Board of County Comm6skwm of Monroe County, FI*Kft on 0* 1 Sth day orksamber. 2010. Mayer Sylvia Morey M"w FM TM Hefilber cvvhm commWow Kim W**on Conm6si~ Mario Di Gemwo (SEAL) Anew DANNY L. KOTRAGP. CLEM C. —LaLzrV- Depiy Ckwk yen ydev tv - I r-3 A) Tom BOARD OF COUNTY Co OFAWN10ECXY1NTV,FRT NIONROE r;c.%ulrry APP� 01.f TQF0RM: CHMTINE 10. t A$%NSTANZ iHlb Board of County Commissioners, Monroe County, Florida Animal Control Division In the County Court, In and for Monroe County, Florida Citation No. Citation Date: AM./P.M In the rune of Momoc County, Florida: the tmdetaigued certifies that hehhe had just and reasomble grounds to believe, and does believe that Fitt Name Middle Last Name (None of the OwnedAlleged Violator) Strad Adders. City Stork Tip On the day of 20 at A.M. / P.M. at Monroe Cotmty, Florida, did ammil the following offm w(s), contrary to laws. Facts coosfiruting probable eauae%lmxnts of offmse: Adel Daaer*d— (IfavallaW Name: Btead Color: Sex: — Age: — ❑ ANIMAL AT LARGE, SEC. 4.67(x) ❑ DOG BITE, SEC. 4.75(f) (] NO CURRENT RABIES VACCINATION, SEC. 4.64 ❑ NO VALID COUNTY LICENSE SEC. 4.65 ❑ FAILURE TO PROVIDE ADEQUATE SHELTER, SEC. 4-8 10) DANIMAL(S)CONFINED IN VENHICLE, SEC. 4.81(s) ❑ FAILURE TO NEUTER DOGS, CATS, RABBITS, SEC. 4.69(x) ❑ OTHER VIOLATION SEC. 4. Where triable in County Coot, Lower Keys Division - Monroe County Co rdio se Annex, 302FIenting Street, Key West, FL. 33040, or Middle Keys Division- Marathon Brawl Courthouse 3117 Overseas Highway., Marathwt, FL 33050; or Upper Keys Division- Upper Keys Governmmt Center. 88820 Ovaseas Highway, Pliuddion Key. Florida 33070 On: (Mouth) (Day). 20 u AMJPAi Judge: Courbmo:_ ❑ IT IS MANDATORY THAT YOU APPEAR W MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE. ❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY WfTHT THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUM[NT. ISSUING OFFICER: DATE: SIGNATURE PRINT NAME AND TITLE: 1 HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S) CHARGED M IF THE OFFENSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A CIVIL PENALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT, IF I DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN (101 DAYSOF DATE OF THIS CITATION (EXCLUDING SATURDAY, SUNDAYS AND HOLIDAYSI, I SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMENT MAYBE ENTERED AGAINST ME UP TO THE MAXIMUM AMOUNT OF THE CIVIL PENALTY OF 5500. IN ADDITION, FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT, WHICH MAI' FURTHER RESULT IN BEING HELD IN CONTEMPT OF COL71T. SIGNATURE OF OWNER/ALLEGED VIOLATOR DATE SIGNATURE IS= AN ADMISSION OF GUILT (Note: Front of citation) INSTRUCTIONS If the officer marred an "X" in the box preceding the words "YOU NEED NOT APPEAR IN COURT". You may answer this summons by either of the following methods: ICE o apt) you moat WITHIN IO DAYS of the issue of this I . if you desire to plead GUILTY or NOLO CONTEND this notice with a Cashier's Check or Money Order for the citation, (Saturdays, Sundays and Holidays excluded) MAIL cheered below, to CLERK OF CIRCUIT address T• prescribed amount for the violation charged, P a y able od bet our, vreen the hours MO NOT MAIL 5 :00 P.M., ., M — Friday CASH PE Saturdays, Sundays ari lidays excluded) and pay the prescribed amount. of 8:30 A.M. & 5 Lower Keys Clak's Offi- (or Midge or Upper Keys CIe S Office as appropriate) 500 Whitdwsd St, Suite 101, Key Wes. Fonda 33040 AMOUPtI TO BE PAID: f Note: Whirbeva Your mdhod of paymea. You must op the " PLEA OF GUILTY OR NOW CON E M AND WAIVER OF R1 below below and return it to the Cl with your dmek• 2. YOU MAY APPEAR IN COURT by requesting a cowl hearing on this clw8e. Your request MUST be made in person by appearing yourself or through an attomey at the address and time specified on the front side of this citation. This copy of the Notice to Appear must be presented to the court at such appearance. PLEA OF GUILTY OR NOW CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court; 1, the undersigned, do hereby enter my appearance on the affidavit for the offenses) charged on the other side of the citation. And waive the reading of the affidavit in the above named cause and the right to us pretreat plea o NOW CONTENDERE (No Contest) for the offenses) the trial of such action. I hereby enter at a p f: GUILTY OR error in such proceedings. I understand the nature of the charged. I waive my right to defend against such charge as s) or to appeal y s to this plea will have the charges) against me. I plead, as indicated above, to the charge(s) being fully aware that my ignature same effect as judgment of this Court. Sign ure Address Signature of person taking waiver if presented in person Tulle: (Clerk, Deputy Clerk) (Note: Back of citation) a { , , { a' { a a EXHIBIT "G4" DATA FOR MONTH OF: Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: ANIMAL SHELTER DOGS CATS Animals Transferred *: Animals Escaped: Animals Born at Shelter: Animals DOA: Animals Euthanized , Inc. Other Animals how manv what ** number sick, injured, or dangerous Animals on Hand NOTES: Service Calls: Bite Reports: Cruelty Cases: COUNTY FEES COLLECTED Failure to Spay /Neuter: Exemption License: License: Pick -Up Boarding: Adoption: Disposal: Euthanasia: Feline Leukemia test: Total County Fees Collected: $ - REPORTED BY: Date Reported: *List how many, type of animal and where animal was transferred Donations: Grants: Fundraisers: Other: F.20.b RESOLUTION NO. 14 -089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED AMENDED AND RESTATED LEASE BETWEEN THE CITY AND MONROE COUNTY FOR THE ANIMAL CONTROL PREMISES; APPROVING THE ATTACHED JOINT PARTICIPATION AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in Resolution No. 85 -224, the City Commission approved a 99 -year lease with Monroe County for Animal Control premises on Stock Island; and WHEREAS, the buildings at that location have reached the end of their useful life, and the City Commission finds that it would be beneficial to allow the construction of a new animal control building and shelter at an elevated site; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Section 1: That the attached Amended and Restated Lease Agreement between the City and Monroe County is hereby approved. Section 2: That the attached Joint Participation Agreement between the City and Monroe County is hereby approved. Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Page 1 of 2 F.20.b__ Passed and adopted by the City Commission at a meeting held this 18th day of March , 2014. Authenticated by the Presiding Officer and Clerk of the Commission on Zprh day of March , 2014. Filed with the Clerk on March 20 2014. Mayor Craig Cates Vice Mayor Mark Rossi Commissioner Teri Johnston Commissioner Clayton Lopez Commissioner Billy Wardlow Commissioner Jimmy Weekley Commissioner Tony Yaniz A CHERYL SMITH,<31TY CLERK Yes Yes Yes Yes Yes Yes Yes CRAIG CATES, - Page 2 of 2 F F.20.b EXECUTIVE SUMMARY TO: City Commission CC: Bogdan Vitas FR: David Fernandez Marilyn Wilbarger, RPA, CCIM DT: March 11, 2014 RE: Amended and Restated Lease Agreement and Joint Participation Agreement with Monroe County for the Animal Control Premises ACTION STATEMENT: This is a request to approve an amended and restated lease agreement, and joint participation agreement with Monroe County providing for the re- location to another parcel of land owned by the City and utilized by the County for animal control services, and construction of a new building thereon. BACKGROUND: LEASE AGREEMENT The City previously entered into a 99 year lease agreement with the County in December of 1985 for the use of a parcel of city owned land for the purposes of providing animal control services. The original premises have reached the end of their useful life and the County together with its animal control manager are raising the funds necessary to build new facilities. The City has another vacant parcel of land adjoining the City transportation site on College Road that can accommodate a new animal control building and shelter. The re- location will provide the opportunity for the construction and completion of a new facility without an interruption of services, at an elevated site, with the ability to exercise the animals on the adjoining property that will be mutually beneficial. Therefore, the lease must be amended to provide for the re- location, and the original terns that remain unchanged are restated in an updated form of agreement. A summary of the basic terms are as follows: PREMISES: The parcel will be re- located to a site on College Road as shown on exhibit "B" of the lease containing approximately 1.02 acres. TERM: The term remains unchanged and began retroactively on the 12' day of November 1985 and will expire in the 11 m day of November 2084. USE: The County shall be entitled to use the premises for the construction and continuous operation of the animal control program, animal shelter and related and associated uses. The County may enter into an agreement with a third party for the operation of the animal control facility and shelter. RENT: The rent for the re- located premises will be $10.00 per year pursuant to the original lease agreement. EXPENSES: The Tenant will pay for operating costs including all utilities, repairs and maintenance, replacements and to re- construct the property as necessary to keep the premises in good repair and condition. INSURANCE AND INDEMNIFICATION: The most current language and requirements have been added to the lease with language that will provide for periodic updating as may be necessary throughout the term of the lase. IMPROVEMENTS: The County, under separate agreement with its animal control contractor will develop and construct an animal control facility and shelter on the re- located premises at their sole cost and expense. The timeline and specific requirements for the development and construction of the improvements are detailed in Section 9 of the lease. The County will be solely responsible for the demolition, removal and remediation of the existing improvements on the original parcel. FINANCIAL: The County accepts the original and the re- located premises in an as is condition and all improvements will be at the sole cost and expense of the County. Further, before a building permit will be issued as set forth above, the County shall provide a performance guarantee. The County shall warrant that it has the financial capability of completing the project/ Facility as planned without the need to request further funding. JOINT PARTICIPATION AGREEMENT The City and the County entered into a joint participation agreement on May 16, 1978 wherein the County agreed to maintain an animal control program and to enforce animal control ordinances in exchange for the lease of City owned land. The proposed agreement has been updated to be consistent with the terms and conditions of the amended and restated lease agreement as outlined above. Further, the City will agree to cooperate with the County in making such changes to its ordinances that are reasonable and necessary as may be requested by the County to assure reasonable control by the County within the City. CONCLUSION• • Staff recognizes the need and importance of the construction of new facilities and supports the re- location of the facilities pursuant to the terms and conditions proposed in the amended and restated lease agreement and joint participation agreement. F F.20.b JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this i L 14111 lay ofggg,42014, between Monroe County, a political subdivision of the State of Florida (hereinafter, the COUNTY) and the CITY of Key West, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter, the CITY). WITNESSETH: WHEREAS, the CITY and the COUNTY entered into a 99 -year lease agreement on December 2&, 1985, whereby the CITY leased property to the COUNTY for use as an animal control facility and the COUNTY agreed to provide animal control enforcement and services in the CITY; and WHEREAS, the parties also entered into a Joint Participation Agreement on May 16, 1978, which outlined the arrangement of the parties at that time; and WHEREAS, the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (also referred to as "Florida Keys SPCA" or "FKSPCA ") has been the animal control contractor for the COUNTY and has provided animal care and enforcement for Key West and the Lower Key since 1999; and WHEREAS, due to the poor condition of the animal control facility, the Florida Keys SPCA has been raising funds to assist the County in building a new animal shelter and has requested that the parties support this effort by providing an appropriate site location; and WHEREAS, the CITY has agreed to amend the 99 -year lease agreement with the COUNTY to include a site location for a new animal control facility to be built by the County, with the assistance of its animal control contractor, the FKSPCA and used for animal control services and enforcement for Key West and the Lower Keys; and WHEREAS, the parties in conjunction with the amended 99 -year lease wish to enter into a new joint participation agreement to further outline the current obligations of the parties; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: General Terms and Conditions 1. The CITY currently leases to the COUNTY, the tract of land, together with improvements thereon, which is described on Exhibit A attached hereto and pursuant to the terms as outlined in the 99 -year lease agreement. 2. The CITY proposes to lease to the COUNTY, the tract of land, which is described on Exhibit B attached hereto and pursuant to the terms as outlined in the proposed Amended and Restated 99 -year Lease Agreement. Due to the poor condition of the animal control facilities, it is the intent of the parties that the tract of land described on Schedule A will continue to be used as an animal control facility until a new animal control facility is built by the COUNTY, on the tract of land described on Schedule B. In the event that the County does not operate an animal control facility or animal shelter and its related and associated uses, on the property described on Schedule A or Schedule B , then this agreement shall be null and void and possession of the premises shall revert to the CITY. The COUNTY will have 90 days from the date of the Certificate of Occupancy issuance for the premises located on Schedule B to vacate the premises located on Schedule A. 3. The CITY will cooperate with the COUNTY in making such changes in its ordinance as are reasonable and necessary as requested by the COUNTY to assure reasonable control of all animals within the CITY by the COUNTY. 4. The COUNTY agrees to maintain an animal control program and to enforce animal control ordinances within the City of Key West, Florida, in exchange for lease of land as set forth in the proposed Amended and Restated 99 -year Lease agreement. S. The parties agree to cooperate and encourage the aid and assistance of the Florida Keys SPCA and its successor in carrying out the objectives and obligations of this contract. 6. The failure of either party hereto to comply with any of its material obligations to the other party as provided for herein shall constitute a default under this Agreement. Upon any such default, the non - defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice ") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. This provision does not waive or negate the provisions of paragraph 21 and 22. 7. Notwithstanding the provisions contained in paragraph 6, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non - defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 8. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non- defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 9. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agrees to defend, indemnify and hold the CITY, its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and 2 expenses at both the trial and appellate levels) arising from the acts or omissions of the COUNTY or any third party vendor contracted by the COUNTY in connection with this Agreement. 10. Notices. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to County With a copy to: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041 -1026 If to CITY City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to City Attorney P.O. Box 1409 Key West, Florida 33041 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid, hand delivered, or sent by overnight delivery service. 11. Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Governing Law. 3 F.20.b This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida. This Agreement is not subject to arbitration. 13. Entire Agreement /Modification/Amendment. Subject to the Amended 99 -year lease, this writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 14. Nonassignability. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 15. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 16. Independent Contractor The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terns of this Agreement. 17. Non - reliance by non - parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the Contractor agree that neither the COUNTY nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement 18. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terns of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 19. Survival of Provisions. 4 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 20. Binding effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CITY and their respective legal representatives, successors, and assigns. 21. Adjudication of Disputes or Disagreements COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners and CITY. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 22. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CITY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 23. Non - waiver of immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 24. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree V and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. THE CITY OF KEY WEST, FLORIDA Crai Cate ayo MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date Thu 6 BOARD OF COUNTY COMIVIISSIONERS MONROE COUNTY, FLORIDA EXIlibit 64 Original Premises EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1.; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence Korth 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. F.20.b Exhibit B Relocated Premises F.20.b LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 51'6 of the said Public Records) and TIIF Deed No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 26 and 27. Township 67 South, Range 25 East; and the said parcel of land being described by metes and bounds as follows: COMMENCE at the intersection of the easterly right- of-way line of Junior College Road with the northerly right -of -way line of U.S. Highway # I (State Road #5); thence N 18 "4 I' l 8" W for 36.16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve having a radius of 265.00 feet and a central angle of 35 °06'00" for 162.34 feet to a point of tangency; thence N53 °47' 18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361.02 feet and a central angle of 14° 25'40- for 90.91 feet to a point of tangency; thence N39 °21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62 °35'30" for 488.15 feet to a point of tangency; thence N23° 13'52" E for 1 122.43 feet; thence N45 0 30'07" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve having a radius of 3686.55 feet and a central angle of 3 °4331 " for a distance of 239.69 feet; thence N4 I °46'36" E for a distance of 435.66 feet; thence N48° 13'24" W for a distance of 15.00 feet; thence N4 I °46'36" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48 °13'24" W for a distance of 206.71 feet; thence N36 °55'00" E for a distance of 251.34 feet; thence 527 °37'00" E for a distance of 243.58 feet; thence 541 °4G'36" W for a distance of 1 64.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02 acres MORE OR LESS. Amended and Restated Lease Agreement between The City of Key West, Florida as Landlord and Monroe County, as Tenant Dated Iq I a - DI y Page 1 of 22 F.20.b This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County, Florida, this I qa day of ft"2014, by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1409, Key West, Florida, 33041, (hereinafter "LANDLORD "), and Monroe County, a political subdivision of the State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040, (hereinafter "TENANT"). Whereas, on December 20, 1985, the LANDLORD and TENANT entered into a 99 year lease agreement for a parcel of land more particularly described on Exhibit "A", which is attached hereto and incorporated by reference, to be utilized for animal control purposes (hereinafter "Original Premises "); and Whereas, the TENANT agrees to maintain an animal control program and enforce the animal control ordinances of the City of Key West in accordance with the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement; and Whereas the LANDLORD and the TENANT now desire to relocate the demised premises referred to in the 99 year lease agreement to the parcel of land more particularly described on Exhibit `B ", which is attached hereto and incorporated by reference (hereinafter the "Relocated Premises "); and Whereas, the TENANT, through its animal control contractor, the Florida Keys Society of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and animal shelter on the Relocated Premises (hereinafter the "Facility "). Therefore, in consideration of the covenants and promises contained herein, the parties agree as follows: Page 2 of 22 1. DEMISE The LANDLORD does hereby lease to the TENANT, and the TENANT does hereby lease from the LANDLORD, the Relocated Premises, a parcel of land zoned for light industrial use containing 1.02acres located on College Road, Key West, Florida (hereinafter referred to as "Relocated Premises "), which is more particularly described on Exhibit B, which is attached hereto and incorporated by reference. The LANDLORD shall have unrestricted access and utilization of the fire road located within the Relocated Premises. 2. TERM The term of this Amended and Restated Lease Agreement shall be for a period of ninety nine (99) years commencing retroactively to the I P day of November, 1985, and ending at midnight on the 11 day of November, 2084. 3. RENT The TENANT agrees to pay to the LANDLORD an annual rent for the Relocated Premises of Ten Dollars ($10.00) per year, which rental amount shall be paid on an annual basis each year of the term of this Amended and Restated Lease Agreement and shall be due on the 12 day of November. 4. USE OF THE PREMISES The TENANT shall be entitled to use the Original Premises and the Relocated Premises for the continuous operation of TENANT'S animal control facility, animal shelter and related and associated uses and for no other purpose. TENANT may enter into an agreement with a third party for the operation of the animal control facility and animal shelter and related and associated uses. In the event the TENANT does not operate the Original Premises or the Relocated Premises as an animal control facility, or in the event the TENANT breaches any of the terms or conditions contained in the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement, this Amended and Restated Lease Agreement shall be cancelled, be of no further force or effect, and possession of the Original Premises and Relocated Premises shall revert to the LANDLORD. In addition, TENANT further agrees: Page 3 of 22 A. Any banners, pennants, search lights, signs, balloons, or similar temporary media on the Original Premises or Relocated Premises must be in accordance with Key West City Code; B. Not to commit waste in the Original Premises or Relocated Premises and to keep the Original Premises and Relocated Premises in a safe, neat, clean and orderly condition and to maintain the Original Premises and Relocated Premises in good condition; C. Not to use the Original Premises or Relocated Premises or permit the same to be used for any residential purpose or permit the same to be used in any manner that violates any law, ordinance, rules, or regulation of the LANDLORD, or other governmental agencies, as existing or promulgated during the term hereof, or in a manner that would constitute a hazardous use of the Original Premises or Relocated Premises or violate any insurance policy of the TENANT or the LANDLORD; D. To take no action that would: (i) violate the LANDLORD's contracts or (ii) cause any work stoppage or cause any manner of interference with LANDLORD; E. To abide by and observe all rules and regulations established from time to time by the LANDLORD and the LANDLORD's insurance carver; F. To obtain and maintain all licenses, permits, and other approvals necessary to conduct the TENANT's business during the Lease term. 5. COVENANT OF QUIET POSSESSION So long as the TENANT pays all of the rent and charges due herein, TENANT shall peaceably and quietly have, hold, and enjoy the Original Premises and Relocated Premises throughout the term of this Amended and Restated Lease Agreement without interference or hindrance by the LANDLORD or LANDLORD's agents. 6. INSURANCE: INDEMNIFICATION. Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file with the LANDLORD, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Original Premises and Relocated Premises and the operations of TENANT and any person conducting business in, on or about the Original Page 4 of 22 Premises and Relocated Premises in at least the minimum amounts with specification amounts, as may be determined from time to time by LANDLORD, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this Lease, TENANT shall provide the minimum limits of liability coverage as follows: Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal TENANT shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring TENANT'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to TENANT. (ii) Workers compensation coverage as required by the provisions of Florida statute. Any management agreement used by TENANT must provide that the LANDLORD does not have any liability whatsoever for any damage which may occur on the Original Premises or Relocated Premises. The TENANT must provide the LANDLORD with a copy of any management agreement used by TENANT regarding the Relocated Premises. LANDLORD shall not be responsible for damage to any property belonging to TENANT or Tenant's manager. TENANT completely indemnifies the LANDLORD with regard to any claims made by any manager for any reason. From time to time during this Lease, at LANDLORD's request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as LANDLORD shall require and (ii) increase the limits of such insurance as LANDLORD may reasonably require. Any general liability or other policy insuring the LANDLORD does not provide any contributing or excess coverage for TENANT. The policies TENANT procures for TENANT'S exposure are the only coverage available to TENANT. Page 5 of 22 F.20.b While the Facility, or any replacement thereof, is in the course of construction, and whenever appropriate while any alterations or renovations are in the course of being made, the aforesaid fire and extended coverage insurance shall be carried by Tenant in builder's risk form written on a completed value basis. TENANT shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to LANDLORD named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of LANDLORD on all policies. TENANT will maintain the General Liability coverage summarized above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this Lease. TENANT'S insurance policies shall be endorsed to give 30 days' written notice to LANDLORD in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by TENANT pursuant to this Lease shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by TENANT hereunder may be furnished by TENANT under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to LANDLORD prior to the commencement of the Term of this Amended and Restated Lease Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance, LANDLORD may, at its option, procure the same for the account of TENANT, and the cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15 %) percent to cover the cost of the LANDLORD's efforts to procure such policy. Certificates of Insurance submitted to LANDLORD will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, Page 6 of 22 F.2 0.b cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. Indemnification: Subject to 768.28, Florida Statutes, TENANT does hereby agree to indemnify, defend, and save LANDLORD, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property (including adjoining property for environmental damage) in any way arising out of or connected with the conditions, use or occupancy of the Original Premises and Relocated Premises, or in any way arising out of the activities of TENANT, its agents, employees, licensees or invitees on the Original Premises and Relocated Premises and/or the building, including reasonable attorney's fees and court costs incurred by LANDLORD in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by LANDLORD's gross negligence in its failure to perform any of LANDLORD's covenants, obligations or agreements of this Lease. Nothing herein is intended to waive the sovereign immunity afforded to LANDLORD pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this Section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for TENANT under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of TENANT or of any third party to whom TENANT may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 7. ASSIGNMENT AND HYPOTHECATION This Lease is not transferable or assignable, except as provided by Resolution of the Key West City Commission, whose consent may be withheld for any reason or no reason. The TENANT may not sublet the Relocated Premises or any part thereof. Any assignment, even with the LANDLORD's consent, shall not relieve the TENANT from the obligation to keep and be bound by the agreements of this Lease. The acceptance of Rent from any other person shall not be deemed to be a waiver of any of the agreements of this Lease or to be consent to the assignment for benefit of creditors or by operation of law and shall Page 7 of 22 F.20.b not be effective to transfer any rights to any assignee without prior consent of the LANDLORD. 8. DEFAULT CLAUSE A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the payment of rent, or in case the TENANT shall fail to keep the required insurance, or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, including, but not limited to, the provisions pertaining to tenant improvements contained in paragraph 9 herein below, then, in any of such events, TENANT shall be subject to eviction pursuant to Chapter 83, Florida Statutes. B. Or, the LANDLORD may have such other remedies as the law and this instrument afford, and the TENANT covenants and agrees that upon the termination of the demised term, at such election of the LANDLORD, or in any other way, the TENANT will surrender and deliver up the Original Premises and Relocated Premises and property (real and personal) peaceably to the LANDLORD, its agent, or attorneys, immediately upon the termination of the demised term. If the TENANT, its agents, attorneys, or tenants shall hold the Original Premises or Relocated Premises or any part thereof, one (1) day after the same should be surrendered according to the terms of this Lease, it shall be deemed guilty of forcible detainer of the Original Premises or Relocated Premises under the applicable statute and shall be subject to eviction or removal, forcibly or otherwise. C. Where the alleged default consists of some alleged violation of any term of this Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for thirty (30) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have undertaken, during this thirty (30) days' notice period, to cure said violation by vigorous and affiimative action, provided, however, that nothing herein contained shall be construed as precluding the LANDLORD from having such remedy as may be and become necessary in order to Page 8 of 22 F preserve the LANDLORD'S right and interest of the LANDLORD in the Original Premises and Relocated Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this paragraph, if, under particular circumstances then existing, the allowance of such grace or the giving of such notice would prejudice or endanger the rights and estate of the LANDLORD in this Lease and in the Original Premises or Relocated Premises. With respect to the payment of the insurance premiums, the same must be paid at least thirty (30) days prior to the time when the policies would lapse for the failure to pay premiums thereon, and evidence of such payment given to the LANDLORD without any written notice being required to be served upon the TENANT in connection therewith. D. All default and grace periods shall be deemed to run concurrently and not consecutively. E. It is mutually covenanted and agreed that the various rights, powers, options, elections, privileges, and remedies of the LANDLORD contained in this Lease shall be construed as cumulative and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law. F. It is fiuther covenanted and agreed by and between the parties hereto that the right given to the LANDLORD in this Lease to collect the rent that may be due under the terms of this Lease by any proceeding under same, or the right to collect any additional rent, money, or payments due under the terms of this Lease by any proceedings under same, or the right given the LANDLORD to enforce any of the terms and provisions of this Lease shall not in any way affect the right of such LANDLORD to declare this Lease void and the terms ended hereby, as herein provided, when default is made in the payment of rent or when default is made by the TENANT in any of the terms and provisions of this Lease. G. If at any time, by reason of the failure of the TENANT to keep and perform any covenant or agreement which, under the terms of this Lease, the TENANT is bound and obligated to keep and perform, it becomes necessary for the LANDLORD to employ an attorney to protect the rights and interests of the LANDLORD in the Original Premises or Relocated Premises or to enforce the Lease or proceed under it in any Page 9 of 22 Particular manner, then in any of such events, the TENANT will owe and will pay unto the LANDLORD all costs of Court and reasonable attorney's fees incurred or expended by the LANDLORD in taking such actions, including actions taken in all trial and appellate courts. 9. TENANT U"ROVEMENTS: TENANT agrees to develop and construct an animal control facility and animal shelter (the "Facility ") on the Relocated Premises at TENANT'S sole cost and expense and in accordance with all existing permits, restrictions and any other land use requirements including, but not limited to, the Solid Waste Closure Permit attached hereto as Exhibit "C" and incorporated by reference, and the Ground Water Permit attached hereto as Exhibit "D" and incorporated by reference. Building plans and specifications for the Facility must be approved by the LANDLORD and be in compliance with sustainable standards for government buildings as determined by the Florida Green Building Council. TENANT shall pay all fees applicable to development of the Facility, including, but not limited to, impact fees and permit fees. TENANT agrees that the site plan will be designed to provide an acceptable sound buffer from the adjoining school. TENANT shall not place structures or other improvements in that portion of Parcel F labelled "asphalt" and "dirt road" or the parcel identified as parcel "A" on the survey attached hereto and more particularly described as Exhibit "E ". TENANT shall submit an application for development plan approval of the Facility within 8 months of the approval of this Amended and Restated Lease Agreement. Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning TENANT'S development plan within 150 days following submission of the application for development plan approval. Thereafter, TENANT shall secure issuance of a City Commission resolution concerning TENANT'S development plan within 60 days following the Planning Board's action on the development plan. Thereafter, TENANT shall submit an application for building permits for construction of the improvements authorized under the development plan within 180 days of the effective date of the development plan approval. ( "Effective date of development plan approval" is the date Page 10 of 22 of any appeal or DEO challenge to development plan approval is finally determined, and if no such appeal or challenge is filed, 60 days following the rendition of the Commission resolution granting development plan approval). Thereafter, TENANT shall secure issuance of a building permit for construction of the improvements within 90 days after the building permit application is deemed complete by the chief building official. Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365 days of the issuance of the building permit. Before a building permit will be issued as set forth above, the TENANT shall provide a performance guarantee. The TENANT shall warrant that it has the financial capability to construct and complete the project/the Facility as planned without the need to request further funding. TENANT shall confirm in writing (in the form of bank statements, a signed letter from the bank stating that funds are in the bank for the specified project, documentation provided by a financial institution of a line of credit assigned to the construction of The Facility, and/or a line item budget for the construction and completion of the Facility approved by the Board of County Commissioners of Monroe County that TENANT has the funds in place at the time of issuance of the building permit such to be in a position to construct and complete the Facility. TENANT shall be permitted to occupy the Original Premises for the period ending 90 days from the completion of the construction of the Facility and receipt of a certificate of occupancy. Thereafter, TENANT shall remove all improvements located on the Original Premises and remediate all environmental contamination on the Original Premises within 180 days of vacating the Original Premises. TENANT shall be solely responsible for all costs and expenses associated with the demolition and removal of the existing improvements including, but not limited to, remediation of any environmental contamination. 10. TENANT'S DUTY TO KEEP PREMISES IN GOOD REPAIR The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Original Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Original Premises, the Page 11 of 22 F.20.b HVAC equipment, and the fixtures serving the Original Premises, and all furnishings brought or placed upon the Original Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re- construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Relocated Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Relocated Premises, the HVAC equipment, and the fixtures serving the Relocated Premises, and all furnishings brought or placed upon the Relocated Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re- construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. 11. ADDITIONAL COVENANTS OF THE TENANT A. The TENANT shall pay for all utilities associated with the use of the Original Premises and Relocated Premises including, but not limited to, water, electricity, sewer gas and solid waste. In the event that a separate bill for the Original Premises or Relocated Premises is not available for one or more of the utility services required by the Original Premises or Relocated Premises, then the TENANT shall pay a pro -rated share of that particular utility based on the square footage of the Original Premises or Relocated Premises and/or the parties' estimated usage of that particular utility, calculation of which to be mutually agreed upon. B. The TENANT covenants and agrees with the LANDLORD that no damage or destruction to any building or improvement by fire, windstorm, or any other casualty shall be deemed to entitle the TENANT to surrender possession of the Original Premises or Relocated Premises or to terminate this Lease or to violate any of its Page 12 of 22 F F.20.b provisions or to cause any abatement or rebate in the rent then due or thereafter becoming due under the terms hereof, unless otherwise specifically provided for herein. If the Lease is canceled for the TENANT'S default at any time while there remains outstanding any obligation from any insurance company to pay for the damage or any part thereof, then the claim against the insurance company shall, upon the cancellation of the Lease, be deemed immediately to become absolute and unconditional property of the LANDLORD. In the event of destruction of the Premises by casualty or hazard, the LANDLORD will have the option of canceling the Lease. C. The TENANT covenants and agrees with the LANDLORD that nothing in this Lease shall ever be construed as empowering the TENANT to encumber or cause the TENANT to encumber the title or interest of the LANDLORD. D. The TENANT covenants and agrees with the LANDLORD that, at the termination of this Lease, the TENANT will peaceably and quietly deliver unto the LANDLORD, possession of the Original Premises and Relocated Premises and all improvements located thereon, as well as all fixtures thereto provided by LANDLORD. TENANT shall retain ownership and possession of all fixtures, equipment, and other tangible personal property located thereto provided by TENANT or its agents.. E. The TENANT agrees not to make any changes or alterations to the Original Premises without written approval of the LANDLORD. 12. LANDLORD'S RIGHT OF ENTRY The LANDLORD or its agents shall have the right to enter upon the Original Premises and Relocated Premises at all reasonable times to examine the condition and use thereof, provided only that such right shall be exercised in such manner as not to interfere with the TENANT in the conduct of the TENANT's business on the Original Premises or Relocated Premises. 13. FIXTURES, EOUIPMENT AND SIGNS. AND OTHER TANGIBLE PERSONAL PROPERTY All fixtures, equipment, signs, and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT but Page 13 of 22 F.20.b provided by the LANDLORD will at all times be and remain the property of the LANDLORD. All fixtures, equipment signs and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT and provided by the TENANT, or its agents, will at all times be and remain the property of the TENANT, or it agents. Provided that this Lease is in good standing, the TENANT will have the right to remove any equipment, fixtures signs or other tangible personal property provided by the TENANT, or any part thereof, from the Original Premises and Relocated Premises during the term of this Lease, at the expiration thereof, or within a reasonable time thereafter; provided, however, that the TENANT, in so doing, does not cause any irreparable damage to the Original Premises and Relocated Premises; and provided further, that the TENANT shall pay or reimburse the LANDLORD for the reasonable expense of repairing damage caused by such removal. 14. ACCEPTANCE IN AS-IS CONDITION The TENANT accepts the Original Premises and Relocated Premises in an as -is condition and all improvements and additions shall be at the sole expense of the TENANT. 15. NO MECHANIC'S LIENS It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the demised term, be no mechanic's liens upon any buildings or improvements that may at any time be put upon the Original Premises or Relocated Premises, and that in case of any mechanic's liens the TENANT must pay off the same; and that if default in payment thereof shall continue for thirty (30) days after written notice, LANDLORD shall have the right and privilege, at its option, to pay off the same or any portion of the same, and the amount so paid, including expenses, shall at the option of the LANDLORD, be so much additional rent due from the TENANT at the next rent due after such payment, with interest thereon at the maximum rate allowed by law. Nothing herein shall be construed to admit that a mechanic's lien may be enforced against municipal property. 16. MISCELLANEOUS PROVISIONS It is mutually covenanted and agreed by and between the parties as follows: Page 14 of 22 F 20.b A. That no waiver or a breach of any of the covenants in this Lease contained shall be construed to be a waiver of all succeeding breach of the same covenant. B. That time is of the essence in every particular and particularly where the obligation to pay money is involved. C. That all arrearages in the payment of rent or in the repayment to the LANDLORD of any sums which the LANDLORD may have paid in order to cure a default of the TENANT (as elsewhere herein provided for), shall bear interest from the date when due and payable at the highest rate permitted by law until paid. D. That no modification, release, discharge, or waiver of any provision hereof shall be of any force, effect, or value unless in writing and signed by the persons who are then LANDLORD and TENANT. E. That all covenants, promises, conditions, and obligations contained herein or implied by law, or covenants running with the land, shall attach to and be binding upon the heirs, executors, administrators, successors, legal representatives, and assigns of each of the parties to this Lease. F. That this instrument contains the entire agreement between the parties as of this date, and that the execution hereof has not been induced by either of the parties by representations, promises or understandings not expressed herein, and that there are not collateral agreements, stipulations, promises, or understandings whatsoever between the representative parties in any way touching the subject matter of this instrument which are not expressly contained in this instrument. G. That when either of the parties desire to give notice to the other or others in connection with and according to the terms of this Lease, such notice shall be deemed given when it shall have been deposited in the U.S. Registered or Certified mail with sufficient postage pre-paid thereon to carry it to its addressed destination. The notice shall be addressed as follows: If to Tenant: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Page 15 of 22 F.20.b With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041 -1026 If to Landlord: City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to: City Attorney P.O. Box 1409 Key West, Florida 33041 When the parties on either side (LANDLORD or TENANT) consist of more than one person, notice or default by one of the persons on that side shall constitute notice or default by all of the persons on that side. H. This Lease and the provisions thereof shall be governed by and construed and enforced in accordance with the laws of the State of Florida; venue for any action regarding this Lease shall be in Monroe County, Florida. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Amended and Restated Lease Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA THE CITY OF KEY WEST, FLORIDA BY: A /.V/ EraijCatig, Mayor Page 17 of 22 Exhibit "A" Original Premises Page 18 of 22 F.20.b EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. Exhibit B Relocated Premises Page 19 of 22 LEGAL DE5CRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G -52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 269 at Page 5 It of the said Public Records) and TIIF Deed No. 24067 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within 5ections 26 and 27, Township 67 5oath, Range 25 East; and the said parcel of land being described by metes and bounds as follows: COMMENCE at the intersection of the easterly right- of-way line of Junior College Road with the northerly right -of -way line of U.5. highway # I (state Road #5); thence N 18 °4 I' 18" W for 36.16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve having a radius of 265.00 feet and a central angle of 35 °06'00" for 162.34 feet to a pant of tangency; thence N53 °47' 18" W for 272.56 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361.02 feet and a central angle of 14° 25'40" for 90.91 feet to a point of tangency; thence N39 °21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 446.85 feet and a central angle of 62 °35 for 488.15 feet to a point of tangency; thence N23° 13'52" E for l 122.43 feet; thence N45 °30'07" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve hawng a radius of 3686.55 feet and a central angle of 3 °4331" for a distance of 239.69 feet; thence N4 I °46'36" E for a distance of 435.66 feet; thence N48° 13'24" W fora distance of 15.00 feet; thence N41 °46'36" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48° 13'24" W for a distance of 206.71 feet; thence N36 °55'00" E for a distance of 251.34 feet; thence 527 °37'00" E for a distance of 243.58 feet; thence 541 °4636" W for a distance of 1 64.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02 acres MORE OR LE55. Packet Pg. 645 F F.20.b Exhibit C Solid Waste Closure Permit Page 20 of 22 F.20.b April 18, 2011 Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myers, FL 33902 -2549 City of Key West c/o Jay Gewin, Utilities Manager &mailed to: i¢ewin ®keywestdiy.com 525 Angela Street Key West, Florida 33040 Subject: Site Assessment Flan Approval FDEP Facility ID: WAGS 7%36 Former Southernmost Waste -to- Energy Facility 5701 College Road Key West Florida, Monroe County Dear Mr. Gewin: APPENDIX 10 FDEP Concurrence Letter Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document (1RAR), submitted for the former Southernmost Waste -tor Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WACS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South East side's as indicated on the attached drawing (Attachment 1) and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62- 780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this WAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62 -780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate thew existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste -to- Energy (SWTE) Facility site located at { { F.20.b City of Key West FDEP Facility ID: WACS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62- 780.600, F.A.C., The Department approves the MAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however, should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62-780.690 and 62- 780.700, F.A.C., a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 344 -5658. Whenever possible, please submit written documentation to james.harcourt®de . state.fl.us and include the WACS ID number in your correspondence. Sincerely, James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R. J. Bruner III, P.B. CH2M Hill (via e-mail to bo.bruner ®ch2m.com) Bill Krumbholz (via e-mail to bill.krumbholz ®dep.state.fl.us) Barbara Nevins (via e-mail to barbara.nevins@dea.state.fl.us) F.20•b Attachment I i �' i tir- •ti .•, .�.•ti� . WhA to a �: •••t+ 1 ti� � � I r •' / •N ZI j � 1 ( VQ �. c \ X� 19 tai 1 � i i �6 • � ••� 1 O il 9 i: nt � IL =f1 * 1 C IY Exhibit D Ground Water Permit Page 21 of 22 F.20.b April 18, 2011 Florida Department of Environmental Protection South District P.O. Box 2549 Fort Myas, FL 33902 -2549 City of Key West c/o Jay Gewin, Utilities Manager &mailed to: Jgewin@keywestcitv.com 525 Angela Street Key West, Florida 33040 Subject: Site Assessment Flan Approval FDEP Facility ID: WAGS 7%36 Former Southernmost Waste -to- Energy Facility 5701 College Road Key West, Florida, Monroe County Dear Mr. Gewin APPENDIX 10 FdEP Concurrence Letter Rick Scott Governor Jennifer Carroll L1. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document PAR), submitted for the former Southernmost Waste -to- Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WACS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South East side's as indicated on the attached drawing (Attachment I) and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62- 780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this MAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62 -780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste- to-Energy (SWTE) Facility site located at { { a City of Key West FDEP Facility ID: WAGS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62- 780.600, F.A.C., The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however, should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62-780.690 and 62- 780.700, F.A.C, a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 3444648. Whenever possible, please submit written documentation to james.harcourt@dep.state.fl.us and include the WAGS ID number in your correspondence. Sincerely, James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R. J. Bruner III, P.E. CH2M Hill (via e-mail to bo.bruner@ch2m.com) Bill Krumbholz (via e-mail to bill.krumbholz®dep.state.fl.us� Barbara Nevins (via e-mail to barbara.nevins@dep.state.fl.us) Packet Pg. 652 Attachment I *• „ "'•.. • �. 1 •� , r s 11 1 "•� J i g r l e ' �� f i f fi • 7 0 J V jr ...r i 1, i �� ( I � I�� 5 • � • i. z hl- t •4 I.. 1 c \ Xq4' 8 14 " F"gl i i i ql •, V 5�.. r .�.o1 1� e Y wit xm F.20.b APPENDIX 11 Environmental Resource Permit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVNtONMENTAL RESOURCE STANDARD GENERAL PERMIT NO. 44-00076-S DATE ISSUED:August 23, 2010 Foam #0941 0!/95 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST, FL 33040 PROJECT DESCRIPTION: Modification of Permit No. 44- 00076 -5 for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as the City of Key West Public Transportation Facility. PROJECT LOCATION: MONROE COUNTY, SEC 27 TWP 67S RGE 25E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E4.321, Florida Administrable Code. This Is to aft you of mhe Dlskkft agency sc0on onnoerohng Notion of Intent for Perm9 AppftU m No. 090617.6, dated June 17. 2W9. Tthb argon Is Mw pwwsrt m Ruts 40E -1.603 and Chapter 40E-40 , Fbdde Admkdebadve Coda (FAC.). aesed on the Information provided. Dishid noes hove Oven maned to and an Enviromnentsi Resource General Pemdt Is in eBect for Phis poled *Limed to: 1. Nd receiving a Mod request for a Chapter 120, Florida Shdutes. adntinistratiw hearing. 2. the attached 19 Gone* Condilbrts (Sae pages: 2 - 4 of 6). 3. the 01softsd 14 spacial CortctMone (See Pages: 5 - 6 of 6) and 4. the alledhed 2 Ex1 Ws) Should you d*d to these condl ions, please refer to Mte ansdtsd 'NWc a of Rippe" whidt addresses Ote procedures to be followed N you desire s pL"c hewing or other review of the proposed puny ectbn. Please Dotted this ot0oe N you hew any questions concerning #6 mater. If we do not hear from you In accordance with the'Nodoe of Rights." we wid sawnte"you concur with the DkbWs action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a `Notice of Rights' has been mailed to the Permittee (and the persons listed in the aaached distribution fist) no later than 5:00 p.m. on this 23rd day of August, 2010, In accordance with Section 120.600), Florida S ut BY: I -1 Anits-R.—OWn 0. Director - Environmental Resource Permitting Division Palm Beach Service Center Certified mail number 7009 2250 0003 1260 9165 Page 1 of 6 Packet Pg. 654 Appiceson No.: 090617 -a Page 2 of 4 GENERAL CONDnWNS 1. AN activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance aws as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof. complete with all conditions, attedxnents, exhibits, and modifications shall ` be kept at the work site of the permitted activity. Th complete permit shall be available for review at the work site upon request by District staff. The pmmitbee shall require the contractor to review the complete permit prior to commencementn of the activity authorized by this permit. 3. Activities approved by this permit shall be conducted In a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and ` pollution control to prevent violation of State water quality standards. Temporary erosion control 0180 be implemented prior to and during constriction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barters shall be Installed and mairntatned at all locations where the possibtitiy of trarnsferring suspended solids into the receiving wderbody exists due to the permitted work Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. AN practices shall be In accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manuel; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E- 4.091, FAC. unless a prvjedrepecviiC erosion and sediment control plan is approved as part of the permit. Thereafter the permittea shall be responsible for the removal of the barriers. The permittee shall Correct any erosion or shoaling that causes adverse impacts to the water -' resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction commencement Notice Forth Number 0860 Indicating the actual start date and the expected construction completion date. 5. When the duration of construction will exceed one year, the perrndtee shall submit construction status reports to the District on an annual basis utilizing an annual status report font. Status report forms shall be submitted the following June of each year. 6. Wift 30 days after completion of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction CompletionlCertHicallon Form Number 0881A. or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 1]8818, incorporated by reference In Rude 40E- 1.0359, F.A.C. The statement of completion and cortiRcotim shall be based on omits observation of construction or review of as-buR drawings for the purpose of determining if the work was completed in compNence with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Addidonally, if deviation from the approved drawings are discovered during the cerffiimtion process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be dearly shown. The plane must be dearly labeled as "as•buNr or "record" drawings. All surveyed dimensions and elevatlons shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: urdl the permittee has compiled with the requirements of condition (6) above, and submitted a request for conversion of Erwrirormmerntal Resource Permit from Construction Phase to operation Phase. Form No. 0920; the District deterndnes the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 8.0 and 10.0 of the Basis of Review for Emrironmental Resource Permit a , a a { a a AppA obm No.: 090617.6 Papa 3 or 6 GENERAL CONDITIONS Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The pemdt shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective• Following inspection and approval of the permitted system by the District, the permittee shall inidete transfer of the permit to the approved responsible operating entity If dtiferent from the permlttes. Until the permit is transferred pursuant to Section 40E- 1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. S. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site Infrastructure located within the area served by that portion or phase of the system. Each phase or Independent portion of the system must be completed in aocordence with the permitted plans and permit conditions prior to inviter of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. ` 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction In order to enable that entity to operate or maintain the system In conformance with this permit, such easement or deed restriction must be recot ad in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of Stale, county or municipal entities. Final operation and maintenance documents must -' be received by the District when maintenance and operation of the system Is acoepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other pent conditions. 10. Should any other regulatory agency require changes to the permitted system, the pemtltee shalt notify the District In writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any Interest in real properly. nor does t authorize any entrance upon or activities on property which is not owned or controlled by the pamittee, or convey any rights or privileges other than those specified In the permit and Chapter 40E-4 or Chapter 40E -40, FAC.. 12 Th permittee is hereby advised that Section 253.77. F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease. license. easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state -owned lands. 13. The pamattee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., also known as the Tlo Notice Rule. 14. The permittee shall hold and save the District harmless from any and all damages. claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permi< 15. Any delineation of the extent of a wetland or other surface water subnttted as part of the permit a a { a a F.20.b AppOWIM No.: 090817 -e Pago4or6 GENERAL COMMONS application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S.. provides otherwise. 16. The permiltee shall notify the Dhd t in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system Is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.61 05 and 40E- 1.6107, FAC.. The permittee transferring the permit shag remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittes. District authorized staff with proper identification shall have permission to enter, inspect. sample and test the system to Insure conformity with the plans and specifications approved by the permit. 16. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shag immediately notify the appropriate District service center. ' 19. The permittee shall immediately notify the District In writing of any previously submitted Information that is later discovered to be inaaauate. r'1 �7 F.20.b Appicalm No.: OKS17-6 Pays 5 or e SPECIAL CONDITIONS I. The construction phase of this permit shall expire on August 23, 2015. 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: 1-2'W X 2' L drop Inlet with crest at elev. 5.65' NGVD 29. 12' dia. drop inlet with crest at elev. 7 NGVD 29. Receiving body: Groundwater Table Control elev: 2.5 feet NGVD 29. /2.5 FEET NGVD 29 DRY SEASON. 4. The pwmlttee shall be responsible for the correction of any erosion, shooting or water quality problems that result from the construction or operation of the surface water management system. S. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage system if such measures are shown to be necessary. 7. Faciilties other than those stated herein shall not be constructed without an approved modification of thls permit. e. A stable, permanent and accessible elevation rakmm ce shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report The location of the elevation reference must be noted on or with the certification report. 9. The pem**e shall provide routine maintenance of all of the components of the surface water management system In order to remove all trapped sediments/debris. AN materials shall be properly disposed of as required by law. Failure to properly maintain the system may result to adverse flooding conditions. 10. If prehistoric or historic artifacts. such as pottery or ceramics. stone Gods or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project are ova. the permitted project should cease all activities involving subsurface disturbance in the Immediate vicinity of such discoveries. The permittee, or other designee, should oonteat the Florida Department of State. Division of Historical Resources, Review and Compliance Section at (850) 245.8933 or (800) 847 -7278, as well as the appropriate permitting agency office. Project activities should not mum without verbal and/or written authorization from the Division of Historical Resources. In the event thai unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, Florida Statutes. 11. The permittee agmowledges that, pursuant to Rule 40E- 4.101(2). FAC., a notice of Envirormrnantai Resource or Surface Water Management Permit may be recorded in the county pubk records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. tAnimum building floor elevation: 12.0 Feet NGVD 13. SM fence shah be utfted during constnuctionand shall be installed and property 'trenched" etc. in accordance with Exhibit 2. AN areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and other surface waters. 14. The permittee shall install a chain link fence around the entire perimeter of the project site, which will Appkebm NO.: 090617.6 's Pope 8 d 8 SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove wetlands located along the southwest side of the project site. as shown in ExhNA 2. The fence shall be maintained in perpetuity. t � r.� (M F.20.b rj :3 , 4 (4194) SURFACE WATER MANAGEMENT CHAPTER 40E 40E -4.321 Duration of Permits � (1) Unless revoked or otherwise modified pursuant to Rules 40E -4.331 and 40E- 4.441, FA.C., the duration of a surface water management permit issued under this chapter is as follows: 4 (a) Two years from the date of issuance for Conceptual Approval, unless within that period an application for a constriction and operation permit is riled for any portion of the project. It an °' application for a construction and operation permit is tied, then the Conc:epkiat Approval remains valid until final aciion is taken on the application. If the application is granted. then the Conceptual Approval-is valid for an additional two years from the date of issuance of the construction and operation permit. ! Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expve automatically. (b) Five years from the date of issuance for a constrU tion permit. . (c) ` Perpetual,for an operation permit. r (2) The Governing Board shag issue permit extensions provided that a permittee files a written request with the District showing good cause. For the purpose of this rule, good cause shag mean a set of extenuating circumstances outside of the control of the permitter. Requests for extensions, which shall Idude documentation of the extenuating circumstances and hoer they have delayed this project, will not be accepted more than 100 days prior to the explralion date. ' application fi for developme roval (ADA)a d a local government �c comprehensive aammendm� the DRl) C) duration of to Conceptual Approval shall be two years from whichever one of the following occurs at the Westdati: (a) the effective date of ih6 local government's comprehensive plan amendment, (b) ." effective date d the local government development order, or 1c) tine date on which the distriO Issues the Conceptual Approval. or (d) the latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substantial modifications to Conceptual Approvals will extend the duration of-the .Conceptual Approval for two years from the date of Issuance of the modification: For the purpose:; of this section, the term'substantlal moditatlW shall mean a mofication which is rgasdmbly expected to , lead to substantially different water resource or environmental Impacts which require a detailed review. • (S) Modifications to construcQon peftits issued pursuant to a formal permit application extend file duration of the permit for three years from the date of Issuance of do modification. Construction permit modifications do not extend the duration of a Conceptual Approval. (6) Permit modifications issued pursuant to subsection 40E•4231(2)(b), FAC. (letter modfflm&lns) do not extend the duration of a permit. sp�cft suom* 3 F.S. Low N oemented 373.413.373.4 10(l) F.S. ►1a:b"ew 8.3.81, Amended 1•'1. 12,12 -1- 82, Fortnnty I d".07(4), Amended 7-146.4 Packet Pg. 660 !;7 r: 71 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You rimy wish to consuft an attorney regarding your legal rights. RIGHT TO REQUEST ADMIIfiSTRATIYE HEARDIG A person whose substantial Interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action _ pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apps: 1) within 14 days of the notice of consolidated Intent to grant or deny conorrentiy reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection !r 373.119(1), Fla Stat. 'Receipt of writes notice of agency decision" means receipt of either written notice through mail, or electronic mail, or posting that the District has or intends b take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and falls to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Flftng Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Flings with the Dot Clerk may be made by mail, hand - delivery or facsimile. FMngs by a -nnali will not be acceptmi Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing Is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters In West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8.00 a.m. on the necd regular business day. Additional filing instructions are as follows; • Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24660, West Palm Beach, Florida 33416. • Filings by hand4WIlvegy must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWWs security desk does not conafft filing. To ensure proper fang, fi will be necwseary to request the S'F1l Kit security officer to centred the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by facsimile must be transmitted to the SFWMD Clerk's Office at (561) 682.6010. Pursuant ID Subsections 28- 106.104(7), (8) and (9). Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that partly for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be property filed with the clerk as a result. The fling date for a document fled by facsbnile shall be the date the SFWMD Clerk receives the complete docaxnent. Rev. 07101M :i r' .J Initiation of an Administrative Hearing Pursuant to Rules 28- 106201 and 28- 106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and an 8 and 112 by 11 Inch white paper. �s All petitions shall contain: r:= 1. Identification of the action being contested, including the pemfd number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and peftner's representallive, ti any. 3. An explanation of how the petitioner's substantial interests unit be affected by the agency ' determination. 4. A statement of when and how the petitioner received notice of the SFWMI7s decision. 5. A statement of all disputed issues of material fact. if there are none, the petition must so indicate. 6. A concise statement of the ultimate fads alleged, including the specific fads the petitioner contends warrant reversal or modification of the SFWMD's proposed action. t =' 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the ' alleged fads relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes r the SFVVMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. I the District takes action with substantially ditierent impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28. 106.111 and 28- 106.401 -.405, Fla Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RMIT TO SEEI(dUDiC & REVIEW Pursuant to Sections 120.6x3) and 120.68, Fla. Stet, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate strict where a party resides and Tiling a second copy of the notice with the SFWMD Clerk wrtinin 30 days of rendering of the final SFWMD action. Rev. 0710112009 2 Packet Pg. 662 ' qrp staff_report.rdf Last Date For Agency Action: October 4, 2010 GENERAL EWAMMENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Of Key West Public Transportation Facility Permit No.: 44- 00076 -S Application No.: 090617 -6 Apptketion Type: Environmental Resource (General Permit Modification) Location: Monroe County, S27/T67SM6E Pennines : My Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres Project Land Use: Government Drainage Basin: GULF OF MEXICO " Receiving Body: Groundwater Table Class: WA Special Dral nags Dlsbict: NA Conservation Easement To Dktrict : No Sovereign Submerged Lands: No This application Is a request for modification of Permit No. 44.000765 for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as City of Key West Public Transportation Faddy. App.m : 090617-8 Pacts 1 Ora F.20.b �p staff ropat.ndf AS PROJECT EVALUATION: [4; r� The site Is located on the north side of East Junior College Road and on the south side of the Stocc r ' Island landfill, on Stock island in the City of Key West, Monroe County, as shown on Exhibit 1. W The 3.86 acre ect site proj currently contains a City of Key West resource recovery plant and ash transfer station. for which the surface water management system was previously permitted by the District under Permit No. 44- 000765, Application No. 921027 -8. The 3.86 we projed site is part of a larger overall parcel which is owned by the City of Key West, which contains a portion of the dosed out Stock Island landfill. City of Key West Unties, the Key West Golf Club, salt marsh and mangrove wetlands. and submerged lands. No wetlsnde or other surface waters are located within the 3.86 acre project eke, and no adjacent wetlands or other surface waters located outside of the project site will be adversely affected by the Prom Project. gig LVJRF.Jg� MWM 100 0 Maw t to Ou w The project includes constructing a surface water management system that will serve a new public r:r transportation facility for the City of Key West Department of Transportation, as shown on Exhibit 2. The ? facllfiy will Include a 2 -story admlMetrative office bulding, parking. service bays for buses. and a bus washing station. The proposed surface water management system will consist of site grading and stormwater Inlets that will direct all runoff to a series of buteroonneded dry retention areas for water quality treatment. After treabnent, the runoff will be directed to a drainage well for final disposal. No wetlands or other surface waters located a*oent to the project site on the southwest side of the site wiN be adversely affected by the proposed project Specifically, the per ittee will install and maintain a chain fink fence around the entire perimeter of the project site, which will eliminate or minimize secondary adverse Impacts to the mangrove wetlands located along the southwest side of the project site, as shown in Exhibit 2 and in accordance with the special conditions of this permit. r Y igfll I ' M f tki ' * , ' 2:. at Construction: Projects This Phase Total Project Dry Retention Areas .45 .45 acres Impervious 2.32 2.32 acres Pervious 1.09 1.09 saw Total: 3.86 3.86 �' j�� t ..w1 ,.e r:�'°��. �.a s.sr� .• �'�Zr7T. ,�s.W3`a/�i7N':'4 .,L Discharge Rate: App.no.: 090617.6 Pepe 2 d e s atp_staff reportadf 1 :L The surface water management system has been designed to retain the volume of runoff from the 25 year/3 day storm event onsite. Final disposal of the runoff is to a dralnage well. Control Elevation Basin Area Ctrl Bev WSW Chi Ebv Method Of . ; (Acres) (ft, NOW 29) (it, NWIM 29) Deterndnation KW Transport Fac. 3.86 2.5/2.5 2.50 Previously Permitted Receiving Body: Basin str.# Recehdng Body a Kw Transport Fee. Well Box (G Groundwater Table NAi c structures: Note: The units for all the elevation values of structuroa are (it, NGVD 29) i Inlets: Basin 8tr# Count Type Width Length Dia. Crest Elev. ' KW Transport Fac. Well Box 1 Drainage Well 7 3 (GW 1) KW Transport Fac. Well Box 1 Drop inlet r 2 5.65 aft (GW -1) 1. No adverse water quality impacts are anticipated as a result of the proposed project. The surface water management system has been designed to treat a volume of runoff equal to 2.5 inches times the percent Impervious area. The treatment is provided within Interconnected dry retention areas. To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the pemrittee will install and maWain temporary silt fends around the ImIls of construction In accordance with Exhibit 2 and as stipulated In the special conditions of this permit. The temporary erosion control barriers will be installed prior to and will be removed upon completion of won activities. Basin Treatment Method Vol Req.d Vol (ac 1t) ProWd KW Transport Fac. Treatment Dry Retention .45 acxes 24 24 The 3.86 acre project site does not contaln preferred habitat for wetland 4eperx!" endangered or threatened wildlife spades or spades of special concern. No welland-dependent endengmed/tlueatened species or species of special concern were observed on -site and submitted Information indicates that potential use of the site by such species Is minimal. This permit does not relieve the permittee from oomplying with all applicable rules and any other agencies' requirements If, in the future, endongeredAhmatened species or species of special concern are App.rm.: 090617 -6 Paps 3 d e @w slant reporLrdf discovered on the project site. T v - M E 1. it Is suggested that the permOse retain the services of a Professional Engineer registered In the State of Florida for periodic observation of constriction of the surface water management (SWM) system. This will facilitate the completion of construction completion orlon Form f10861 which is required pursuant to Section 10 of the Bests of Review for Environmental Resource Permit Applications within the South Florida f Water Management District, and Rule 40E -4.361(21 Florida Administrative Code (FA.C.). Pursuant to Chapter 40E4 FAC.. this permit may not be converted from the construction phase to the operation phase until certif>ostion of the SWM system Is submitted to and accepted by this District. Rule 40E- 4.321(7) FAC. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is dffferent from the pennittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 4013- 1.6107, FAC., the permittee Is liable for compliance with the terms of this permit The permittee is advised that the efficiency of a SWM system will normally decrease overtime unless the -' system is periodically maintained. A signdicend reduction In flow capacity can usually be attributed to pmrOM blodcages of the conveyance system. Once flow capacity is compromised, flooding of the project may resuit. Maintenance of the SWM system Is required to protect the public health, safety and the natural resources of the state. Therefore, the per ittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies In a timely manner. 4A. Aftafiahv: The proposed work is not looted within and Is not anticipated to adversely affect sovereign submerged lands. App.rw.: 080617 -e Peps 4 or 6 F.20.b . '1, etp_stafL report.rdf :a :3 .K t� RELATED CONCERNS• Wafer Use Permit Status: The permitlae has Indicated that dewatatng is not required for construction of thD project. The permtltee has also indicated that landscape Irrigation activities are not proposed as peat of the project. This perndt does not release the pemdttee from obtaining all necessary Wafer Use authorb abon(s) prior �., to the oommencement of activities which will require such auforizatlon. including construction dewatering and irrigation, unless the work qualifies for a No-Notioe Short -Term Dewatedng permit pursuard to Chapter 40E- 20.302(3) or is exempt pursuant to Section 40E2.051. FAC. r. CERP: The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration Projed component. Pobbla Water Supplier. fA , n_ r�Rio Keys AWeduct uMN7 '=' llllewte Water 8ystendSuppller. 0 a a Key West Resort Utilities Q3 Right4fMay Permit Status: A District Right -ol-Way Pert Is not required for this pncject. DRI Status: This pn3ject is not a DRI. HiatorleallAreheologleed Resources: The District has received correspondence from the Florida Department of Stab, Division of Historical Resources Indicating that the agency has no objections to the Issuance of this permit. This permit does not release the permlltee from compliance with any o#w agencles' requirements In the event that historical and/or archaeological resources are found on the site. DCAICI ConeMency Review: The Issuance of this permit constitutes a finding of consistency with the Flodde Coastal Management Program. Third Peaty Interest: No third party has contacted the District with concerns about this appticetion. Enforcennent: There has been no enforcement activity associated with this application. STAFF REVIEW: AW.w.: OMB17-6 Paps S d e a .; wq LO tM CL a • { a' { a a ___._....�.._ . _ ._._.... _ . ... ...._........ ..... F.20.b w f qp u J DNIMON APPROVAL: x RESOURCE T. t . i Barbera J. Conmy SURF ATER MANAGEMENT: Carlos A. de Rojas, P.E. �.7 .1 DATE: 4 DATE: 0 /I 9 I App.no.: 0808176 Palls 6 or 6 . . I Key West Atlantic Ocean FDOT. Rd CVMn MONROE COUNTY, FLORIDA N Legend A Application Map Date: 802010 Application Number. 050817-6 Permit Number. 44.00078 -S Project Name: CITY OF KEY WEST PUBLIC A '� TRANSPORTATION FACILITY AV -- -_ PROJECT SITE Exhibit: 1, Page 1 of 1 . • 0 Exhibit E Survey Page 22 of 22 F.20.b I �� e 4 s s` I � Y K . - Etq saI gE ILILD I� i 6A� �• • � • s� t o Ni 4�gEs• ?� =E� If FIB to It qu fit U �E��E al _ �g g s �3g P � ._, oil W12 I a_�" fit » � P V Yet �i R° yy � r� X rn 001AA is w 1 e 6865 a ♦ l D n rn f 4� ax -nb S a I T f, REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY This License Agreement is made this day of , 20 by and between the City of Key West, Florida, a municipal corporation, whose mailing address is P.O. Box 1409, Key West, Florida, 33041 (hereinafter "Licensor ") and Monroe County, a political subdivision of the State of Florida whose mailing address 1100 Simonton Street, Key West, Florida, 33040 (hereinafter "Licensee "). WPTNESSETH: WHEREAS, Licensee has requested the limited use of the parcel of land adjoining the re- located premises of the animal control facility for the purposes of exercising animals pursuant to the normal conduct of business; and WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel; and WHEREAS, pursuant to section 2 -939 of the Key West Code of Ordinances, Licensor may grant Licensee and its agents, a revocable license to use Licensor's property. NOW, THEREFORE, the parties agree as follows: 1. For the period beginning with the occupancy of the Re- located Premises in accordance with the Amended and Restated Lease Agreement between the City of Key West and Monroe County dated 2014, the Licensor hereby grants to the Licensee a revocable and non - assignable license to enter in, on, over, and across the land described on Exhibit "A ", which is attached hereto and incorporated by reference (hereinafter the "Licensed Parcel "), for use by the Licensee, its agents, its contractor, its representatives, employees, and contractor's working volunteers for the purpose of exercising the animals in the conduct of its business, reserving, however, to the Licensor, its successors and assigns, all such right, title, interest and privilege as may 1 be used and enjoyed without interfering with or abridging the rights and right -of -entry hereby acquired. 2. Licensee shall not be permitted to make any improvements, construct any cages, or utilize the parcel for special events or any other purpose. Licensee shall not penetrate the soils or permit the same by the animals. Licensee shall take all measures necessary to strictly enforce NO SMOKING on this parcel and to abide by all existing and any future permits, restrictions and any other land use requirements. All animals must remain on leash and under the control of the Licensee at all times. 3. In consideration for the grant of license in paragraph 1 herein above, Licensee herein expressly agrees to be solely responsible for all costs of any nature whatsoever associated with utilization of the Licensed Parcel by the Licensee. 4. If any action of the Licensee's employees or agents in the exercise of this License results in damage to the property, the Licensee will immediately repair such damage in a manner acceptable to the Licensor. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. 5. This License is personal to Licensee and may not be assigned or transferred, but allow use by Licensee's employees, its agents, its contractors, representatives or contractor's working volunteers. Licensor shall have the right to terminate this License with or without cause upon ninety (90) days written notice to Licensee. 6. At Licensee's sole cost and expense, Licensee will secure, pay for, and file with the Licensor, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Licensed Parcel and the operations of Licensee and any person conducting business in, on or about the Licensed Parcel in at least the minimum amounts with specification amounts, as may be determined from time to time by Licensor, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this 2 License Agreement, Licensee shall provide the minimum limits of liability coverage as follows Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal Licensee shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring Licensee's improvements and betterments, fixtures, furnishings, equipment and any other property belonging to Licensee. (ii) Workers compensation coverage as required by the provisions of Florida Statutes. Any management agreement used by Licensee must provide that the Licensor does not have any liability whatsoever for any damage which may occur on the Licensed Parcel. The Licensee must provide the Licensor with a copy of any management agreement used by Licensee regarding the Licensed Parcel. Licensor shall not be responsible for damage to any property belonging to Licensee or Licensee's manager. Subject to 768.28, Florida Statutes, Licensee indemnifies the Licensor with regard to any claims made by any manager for any reason. From time to time during this License Agreement, at Licensor's request, Licensee shall (i) procure, pay for and keep in full force and effect such other insurance as Licensor shall require and (ii) increase the limits of such insurance as Licensor may reasonably require. Any general liability or other policy insuring the Licensor does not provide any contributing or excess coverage for Licensee. The policies Licensee procures for Licensee's exposure are the only coverage available to Licensee. Licensee shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to Licensor named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of Licensor on all policies. Licensee will maintain the General Liability coverage summarized 3 above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this License Agreement. Licensee's insurance policies shall be endorsed to give 30 days' written notice to Licensor in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by Licensee pursuant to this License Agreement shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by Licensee hereunder may be furnished by Licensee under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to Licensor prior to the commencement of the Term of this License Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event Licensee shall fail to procure such insurance, Licensor may, at its option, procure the same for the account of Licensee, and the cost thereof shall be paid to Licensor as an additional charge upon receipt by Licensee of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the Licensor's efforts to procure such policy. Certificates of Insurance submitted to Licensor will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. 7. Subject to 768.28, Florida Statutes, Licensee does hereby agree to indemnify, defend, and save Licensor, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property in any way arising out of or connected with the conditions, use of the Licensed Parcel, or in any way arising out of the activities of Licensee, its agents, employees, licensees or invitees on the Licensed Parcel, including reasonable attorney's fees and court costs incurred by Licensor in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by Licensor's gross negligence in its failure to perform any of Licensor's obligations or agreements of this License Agreement. Nothing herein is intended 4 to waive the sovereign immunity afforded to Licensor pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Licensee under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of Licensee or of any third party to whom Licensee may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 8. The property can be used for the intended use as stated herein, but Licensor does not warrant or represent that the property is safe or suitable for the purpose for which Licensee is permitted to use it, and Licensee assumes all risks in its use. 9. Licensee shall pay to Licensor an annual fee of Two Hundred and No /100 Dollars ($200.00). Payment shall be made to the Licensor's Finance Department on each anniversary date of this License. 10. This License Agreement shall be recorded in the official public records of the City of Key West, Monroe County, Florida at the expense of Licensee. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date above written. ATTEST: Cheryl Smith, City Clerk LICENSOR: CITY OF KEY WEST, FLORIDA By: Craig Cates, Mayor 5 Licensee: BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA ATTEST: Amy Heavilin, Clerk By: 0 Deputy Clerk Mayor MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT- BARROWS ASSISTANT COUNTY ATTORNEY Date 311 ;� , R ■ : DESCRIPTION OF PARCEL LIC ENSED HEREIN � LEGAL oesiCRIPTIOW PARCEL A A pared of land OR and ad.pcent to 5444 IW PA, MOWVO COUttty- flortda* send pared b" a part of "iai & described in Tiff DO" No. t 9499 Pead Boon C-52 at Page 32 of the rdbaw. Racads of f SAW coonty, Tile peed No. 23257 (Offiwl Record Doak 269 at Prye 51 G of the 000111`01160 9e40rew" TW Dead Mo. 24067 (OffwN Record book 355 at Page: 32 of the red POW RrCOrds the sad F rd of WW V" W*W* WOW Ow composts of the sand nip oats► mikhred to above+ the said Paean w thuf Sections 2; and 27, Tea *w 67 South. Range 25 Ead: and the *ales PVT* of land harry dutnbad bs' 0MAa n *aA bomd* as MOOhitls C XWENCC at the wilertedball of the 006&W y 00 *40411110V Imo d A"W 001 Road Seth DO "WO►Wy n#"-%W We of U.S. hghlkW 01 (Stenos R?ssd Oft shwas on sad W&AV ' e oi'eway low of and 3urarx Cofiys Road for Ow foli*" awshn (7) eaweesn (1) shams N 18'4 t' I C W for 3G.1 G last to a pant of cwvaWra of a orcrlar aura cone we to this 5090nuw'14 (2) theme northwastoly an the arc of sad cows havwy s rarhw d 295.0o Mtatai& a carukral ar4a d 354]!x' ter 162.34 teat to Me rota of bmgenPA (3) thanes N 53 t 8' W for 272.5C fact to the M4 of 41WW arc of a arraular 4vtva fir to the Northeast., (4) pent owtW esterly om the 04 d sail **w h" a rarkw of S9 t.02 tact amd a central angls of 14 40' far 90.91 IWt to the rapt d tea wW. (5) themes N 33 W for 273.51 foes to the POW of 4ww mre of s smoulo curve ooneave to the Natheet; (9) them* northwasbe ry a+ red nordrmMIaety re on do a of awed rued having a radix d 446.65 last ands central eyla of G2'3530' ter 488. 11 last 19 a pant of to ngoW. (7) dmnrs N 23' 13'52' E for 1122.43 %atk th4nce N 45'30071 E for 106.37 last to the POINT OP bMMMING d the heren ffEer desahbed panaah thence N 27'37' West for a deftwo of 1372.29 lash, thence North 92'23' East for a distanri o f 1225.00 hid: thanes South 27`37 !ad for a dntarme of 915.62 feat to the southeasterly boundary Owe of the lands Aesctlbd on OWKW Record bode 6G7 at Pacts 1449 of the Pubic ftecorels of htarw 0M Caary I'IartAa: thanes South 41 Wad on the SouthaashrFY baunAaY ins of the finds dascnbW in the "a Offwaf beck 6G7 for a A*W" of 26.95 Fed to the Nortlwrostety boundary lines of the wade described in OMoM Back 880 at" 1964 d tars sawn Ptbia Rawrds: "Once on the Mathwe4t ry boundary ins of the iamb dasorbed in the said 06=1 Rwoul book 880 on the fol oW4 Im (5) cowsm (1) continue South 4140;36' Wet for a nstanGa of 438.20 f eel: (2) themes South 46' 1370 last for a dnato nca of 15.00 Peek; (3) thence south 414"39 West for a Astancs of 435.GG fast to the bsgvsany of a curve busy concave to the Nortlwe t and Iwaag a m4ae all 3G6G.5511441: 0) thence 900011401e4y on the *awl Curve for an sic .stance of 239.G9 fed; (5) !liars South 454007' West for a dralance of 1 47.97 lest bad* to the punt of begawang, U55 the Follo" sin (G) parcels, PARCI% 5 A parcel d twhd On and adpcerd to Stock Island. Mrnroe County, Plwnda* *aid Perot baring a pert of the Unck aleacrbOd at'fbr Decd firs. I OG99 (Deed 800k 0.62 at Page 32 of the fbtlm Racw* of the %WW County. Tiff Dead No. 23257 (Off owd Record 804 209 at P OV 5 ► G of the said mA*o Rocordh) pro TMir 1 sad No. 2401:7 (Olival Round Book 355 at Page 32 Of the said F&6M Ravonds, shit swat Off0 t of and +mt+ray WOUN the 0DOW0ets Of the sso TW 00008 rrofai to abovar tha said pared lying u4bri Sections 24; *W 27. TG7 South. R25 East: Asti the sad parcel of list b+artlp daeaibdd by moors and boor►" se low". COMMDOM at the intersection of the CaNAM* r4ht•d-tvay tnhs of *0W Go+s90 It"'A awn this ncreWV nrOW"My One of U.S. N If 1 `03tste Rost W thence MO 8 I6' W for 3G.1 G feat to a pone d cu vatvro d a curve e Go to the 9outlruatl t ema nortwreataalyan Ow arc of d� Irving a rata s of 2W-00 14A sad a 641*11 ands 0135VG4W for 16234 fed to a poet d taryrnoy, thence 1 18► W for 972.54 tart to the root Of Cwvtklws Of A save Comm W ON flmrthssft. thence ncrthwoaterly an the arro d said arcs tuvay a ache of 361.02 fart rW a awbrol **a of 1 A' 25' 40 for 90.91 #*a to a Mot of tanyarmy, thanes N99".•. I W W for 173.51 fast to the perm of Curvature of a caurwe wmGava to the Nwtharat, t ae4a Way an send uordwastarlyr an the arc 44 "d Guava twang s r a d ius o f 446.85 taut and a emus" ante d 62 for 488.15 hid to a Met of tmw)m ,, thenas N2V 1352• E for 1122.43 lset twnCe N4'S9 QVr G for 279.04 Feat to a point of aivtk" Of a rive Corheays to ohs. NOeMwmtt tom m note WA"V en the arc of *and PAW heN^9 a rrdn» of 3669.55 % t and a anti* anyk of 2 for s distance of 163.53 fast to this POINT OF lICCtNNIN12 of this hanhhnaftW 4100""d Parcel W theme NW49%V W fora dhstmcs of 220,84 Pod to a pant d eurvmtura of a are Carnve to the SoAketHk theme nothwagerOy on deeak of sad Cava h nit" a nwlrus 0140.00 teat std a cattral *"#a at 89'23'20' for 62.41 lad s a post d tsngori&A trance N42 C for a dallows at f 27.55 foot #term 848 l3l"+dM E for a dr Oa a12b8.C7 t lsh t+emc0 54l'4C3G' W far a drtaaw of 97.29 feat to s pant Of Gwv*Wr$ Of A Owve conic" to dal Northam* shames W00i l sterV on lha 04 d nerd co" hiwrag a Kw" of 3G6C.55 teat and a Central angle of 1.11'01 • for a distance of 70.16 #OTC back to flea POINT Or 0900&04. Cantu" 411,1110 art. 11. 11.0 1 a0va. PARCEL C A parcel of wed on and ad w4wlt to Stud* Island, tviawos County, mon& sod parcel beet' a part of the lands dewnbod in TOP Dead No. 19099 (Dead took 652 at Page 32 of no Pubis R of the sand County, nip Deed No. 23257 (Offtosl Record (look 2GS at rAV 51 G of the sad Pubic RMW60 and TOP Dead No. 24097 (ORwaw R r4wo book 353 at peeps 32 of the use! hdil a Raorwde.. the sand parcel of Std yi" soar ev hat i n the aamposba of the sad TOP Osw& rofearsd to alic"; the snd pave be" wMw Sedans 29 armor 27. T67 South. KU Cast and to *sad Fine" At and being 0"0* a W *tats And bounats a* t lower colalwivia at the "f*r*&A*" of this sastdV pins of iw- Cast" Rrwa1 %vm dm nneow* n#"-my line of U.S. hellhway tt I (SbpeRW 05). tWrnes Nh 6*4 VI C W kw 36.1 G teat to a print of cwvabm of a o wva conies to this SoAVwaok twice xvrtmvasterly on the arrr of saw conic K*k,mg a radme of 265.00 feet and a o col w46 d 36" O;W For 1 ;2.34 ket w a Moans of farn9oW,, chance V9347' f b' W for 272.59 fed to the part of curvature: d a curve concave to the Nortleeset: theme morgntrg"V an One arc d turd cure having a rsav*w of 3G 1.42 tart aid a Central angle at 14. 25P 40' fw 90.91 fast to a poet of tsnganq; !home N39.213C W for 273.51 fast b0 tha rout d asysture d • ors eenrave to the Norb+ease; tlemm nortlhsesteety on AW rardhaeMiy on end arc Of sad cu havey a radwa of 449.85 lad and a central &4& of 62 for 485.15feet to a pant of tangout, thence N23' 1 3.52' E for 1122.43 tint: thence M45'300r E for 27C.04 feet to a pautt d vvrobme of a cute: Gomrave to the Northwest " -, , e mortlwatay on lees are of sand are having a nadsa d 3G8G.55 feat and a car" angle of 3 f' for a #stmOS d 239,69 1044, thence N41 E for a dstanos of 97.29 fort to the POINT Or DEGINNING of the berembor dsecrksd Parcaf Gar tlnerhs N48.13'24' W for s dratenoc d 258.;7 test; shams NA2'3813• E for a Mbnes d 172.77 fad; thence 548'13'24 E for a Astams of 249.02 Feet; txce 3414G3C W for a dubms of 172.50 feet bade to the POINT OF SWIMMING. Ctribiring 43,769 sq. ft. / 141 acres. f ARGIL 0 A Parcel of led an and *Ajw. t to Stock Island. Monroe County, Honda: sod parcel o" a pert of th lands described in TW Dead No. I OG99 (Deed book "2 at rage 32 of the rubhe Records of the std County, Top Data No. 23257 (Olhual Record book 2G9 at Pa's S I C of the sad Public Reword.) and Tiff Dead No. 24067 (Official RecoN book 355 at Pager 32 Of the aed rMlic Records; the sod Parcel of land lyay enhrey NOW the composts, of to end nlr Deeds ratorred to absvar the sold prrod " uathn Sections 26 and 27. TG7 South. K25 East; and the sad Parcel of lard berg desenbed toy edes and bounds es kilo es: COMktMC E at the atar*$ofm o f the WA&V ry)hbo"W line of Junior College Road Seth the northerly nghFd-wsy ins OF U.S. tka3hwsy hf 1 (5tats Road I5): fume N 16 i' 18' W for 3G. I6 Feet to a pant of Gwwture of a owe concave to the South west; thenca northeasterly on the arc of mad curs haviol a radius of 295.00leet and a Central arhgla of 35'OGW for I62.34 fest to a Pant of bryarhty; thanes N53.47I C W far 272.86 Ito to tiro pOwt d arwture d a curs Gomsve to the Northeast: theme nortOwasterty on the arc d said cure having a raAw d 361.02 feet and a Cenral on" of 14' 25' 40' for 90.91 feet t0 a pant of tanganW; thaars N39'21'31r w for 273.51 fed to the Pont of caystars of a Curve GGncers to the Nsrtesek; thence northrestoV on and romdWNW4rAy on tine we d sad curve May a raAuu of 44G.65 fed Oct a control mod; d C2•SS'30l' for 466.15 pest to a pant of %"&W. . theme N23' 13'52' E for 1 122.43 feet then" 445 ! for 27G.04 feet to a Peat d turvsturs of a curve concave to the Northwest, thence nordaraatety on the arc of Ord cave having a rid" d 3666.55 Feat and a 4o" mr4a of 3 I' for a dstarme of 239.09 feat: thence 441.4636' ! for a dsWra of 269.79 pest to the POINT Or WINNING d the hereinafter dutrbsd Parcel 0: those N48' 1 3'24' W for a ehdsncs of 249.02 1st twee N42.3813' E for a &stoma of 15.71 feet t9 the pant of aRVaFwe of a cure sonars to the 5ardead; trance northeastaV on the pro of sate wm* hoary a radius d 300.00 kart and a central xqc of 23'5522' for 125.29 teat to a Part of tangency; thence NG8 E for a distance d C9.95 took buses 848.13'24' E fora slotance of 1 60.71 (44 1 thence 541 W for a AsIsms 0132,13 fast thence 548 E for a dsbna4 of 15.00 feet terms S4 I.4C3C' W for a dstuma of 195.87 feat batch to this POlt4f Of WG►NNING, Cantaatng 44.227 s4. ft. / 1.02 acres. , a { a a a , PARCEL c SAW s� se d Ow PVO4: orl a to wa tabPtd, haaxoe Canty. trl 257 sa"W w lt b srrg a taarp d the " 14 01 Ps xlW DOW *4% t 9699 gh"4 80(* r g2 at of fhsa Campy, tit Ro o ' 25297 QD1kr of R b e Boo ar ' t o at lS 5t 4 d tho scrod Prtbkc fteaerA).saW'y u r toad No. ^24067 {aH RsaaM Book 3811 at f 8Y ct the scud Ppblwz tt�"+'PA: tlta the seed parod fytag wN1w1 S4craony 2G cad 27, To"" 67 3ottth, JW" of WW h"""e a" _,%" the tom of OW sad T�' 060,10 laddn�od to *.MV At th, �t of bra a satC,ey rVhk,pFIA*y 6"01 of A~ z5 ItO and the saw M"Yet of trAd t'e"'Kd d+s5066d pY met arW kww * # 1 .. N 16%6 1't ty W for 3G. 34 kr t4 a P t""+t of cunNMm of , cinNffi armeays q ° N3 4 t w ° ^Sh inn of {15.1ti ,?way f44 1� 1 {}tAta Bard A51« t+�encr a cfeml fw#& d 35*007 for f 62,34 � ac + a perm of W fo. 272.56 t � an tm arc of iasd ON" Na iataa,e; "Pedro � tW+oe N53.47't 0' a4t to ft tL�a r o/ dta 2 �acaae to an Nta arc of sswr a ieve ! a 04" of 3C 1.02 feat MW a een d A• 2 Ate of e+a+uNrs d a tbeetaG ►138'2 i 30' 1N !w $73.51 ant to on pse of ewva�uea of a cu^ ae kr 90.81 #" to s poret d tk cPrwa havay a +ywbas of A4G.05 feat srwl a cefipral of G2*3s its* her conawa to N45*3at17' for ?74.04 twat to a 00, t 5 feat to tpol tsew�ano� , qlr� en 13 fact a '5'1' E l [3 tmh fh ad a C'ek" a tt5le d 3 t • lfW a4sUML of 2S9 C9 seat: thaw 0 1�'AC* tre of s f w faatk ehuras at4 1%463V c fAr a d�a d 32.13 teat to tapr f*Lhttf Of r to N46 for w# ar 15.00 1 +40.71 fast;. trteP» ffCi1'S53 ►` t for A. dnbM4 of 20.47 toot to ow LNG t>t c hwauaftp afast:r4rsd Pied "MOM N46*13`24 W bra dwtw" od 01 P 125.04 W4 d a+tce naretrasstarfy oo the arG d SOW ewrvc PQ11t on , cPare earteaAre to tw No�waot a dPOrd b" '1: fa a dream N3,5*f O'Zr E ter a drtanc, of 79, 13 foot, thence $46 g of a dats"o, d 186.56 twat: lhalet 541 + of 3 W Easy s P""T or Ltt:GdNN1tV6, a+�ff� of 38 5 i 7AG tar M 27.E imt M s Patr:ti the to s fJm+atbad trod e7 dam 046 A&VO Mtn OK US$, eLstanre eA 22 t.46 tort; brgc to the PAItGf� F A "rod of tans an an+ idprdtt to 5wck bland, Mvatae ter f Cow, 82 P ty.l7o+tido: aawl paPtGt1 b" a eat acs aadr dtiad t» xiif 4eud tw. I 9M Ss poaggoo a m occ& ftarrrordeP Of OW OW O la *ad T11P 4adi M 23257 fOMeaM Reaxd 044" Woit age at t� S t G d Nta ( aed Pabic mm" mm" Record f!c of 385 aE t'ygo 32 of ttta *ad f*�tbhc Rsa ard, eke owd tTMaM Do G 32 at eks cad paean yto4 nwehn F�eeGata 2G and 27.7 p+wro of 414 fywtg emf^'s►Y rA%n %a f aEOrM aad' fw f k i No. o K m dim Ot thu wborsochn a Ova east ow C7 °forth, r C 28 M cad tra a,td caa of ft+ by p TIM t7hrnds et+tmmd to abaa It 8' W for 86.14 tact tea a h ^ *y►Y Ned of nrlar Cata9e 1►euW *0 114 " of W W tea" dasarrlaad , Rates anf kwuvWe as taiwq e fa and i central p oak at a'Ya°" a o1, w>wt ,a, a to qta 9eatttereset t "g ^9i+t-of way Im d U.9, "A# wry# I {state hard >f ; t WMC N t d*4 t ttta Nodhaaa�ti tfPanoa M 3� 162.34 feac to a pw+K a trngracy tflerY,e %53 *47 16• w 272. fast said eAalp, h" i rs,fw► ta1 269.OG ewtlarart I Iyt " t t the mot apd sv"vo haonr� a r,dps d 3C I. 02 f eat and a corkea! a t °f +M^ rW"a of s eattoave td on aw r s of 4C" fa at iw 0 °f a'mlkwdr of a cww cow*c to the NptdPaast. N ce +art 14' 25 40" fa 94.91 feat to pp of tang N4SISO" P (pr 2716.04 feet to a Pao* of 00 of 3G ks a l S f oet r pock of tfttytoracy; thenos N 3 g r for 1122.43 3 6&dU prate fOA and ceMr, -46 of 3+4371* fora ddttanee of 238.Cce Ica flw t N4 t•AG ��` the era d sid to etwrcnas 44 1 *4434` iw a diseartce at 253X font to"rCWY or 6E&IffNitfG r"M�Ab a rarkwa of 3ClfG.gS • dabne4 at 251.34 fPiat; thence 527`3780' E ftx a aataPPCa ai 243.56 %Alt' f 574' W ' "wr4d %49.13'24 Kr ier x s ff0 C4%I NG. Cleacnbad t*ct e?anhrrna 1.42 acres f+AM OR tt's5. ► ehn»ae 34 ( 4GBf W tar a rheum" of t C4.7F I iaab back to row or 2 for be PAMIM G A pares! c e teed on sad ad}acmt to 9to4 W&rW. Monma Page 32 d the P,rbkc t4xor:kr d # ei aawl Corm', IN' tTaad '23 7 i b4 # pft W the Mods deaar**$ to TIFF poa¢ No. 19698 {4s" graak c•s2 rt tORwwl RacavM 600 355 at PWO 32 of the e,M Pabke gAGCrds: tlse aqd punael d 6oe>ic 248 at ryfle 3 f G tal G1a s+rd Pubkc the raW Food lymtg k bunt 5ect,ans 2C and 27, x gang ari4Pwtl. MOM dta *wpm" d "m On& f t> No. 24047 GaaAlr 4m at tee rttersoct." of oho o""r't•p G7 SaAh. 25 Casa mw the rah a& to abaft, N t &4 f' i !S W for 8G, f C fact M i oast" - Y# , I t kt� d Jmm Go" wmo t's"'� el lard bony by -aft and besatds aq, , tone xrtd a m Po(,t of 9 ,34 rs d a ewws � t WMO I�tarthwPral�d way b" d 1J 5. 4 ► i9otte RaAai N15h ekaace >H**a of SmKiGlpdr far 142.34 }rut to a a roneatra 9rs testy at the arc d sled CtnNe ° ttualPC�s e an Ow of ata,d ewvs�* d twWJmq- thow'd N53.4718 ° W hs 272.SG kttt to the a *adtw of 2 340 dPernee r 39'2136' W ear 873,51 feat fa Nis haventy a radius at EC 1.02 kett And A eattraf aegis of ! 4' 2� 40 for 90,9ai Ft to a l lea arve hwtry a r#" al 444 119 and a r d arrvat of a awm coomw to as t� "M N9 5"yGlp7' C for 274.04 foal to A pant d o f� � 15 toot to a paatt d rangat�� feet artd a os�gat anSle of 3'#5'31'" for a akrtarlesd 239.4$ : tftaeca N41 V� et�sPnee3�5.C #ha ire of ,rAd . fast: ehmits N4 t * 44'3{," E br a dP,itwtce d 4 i 0.34 tact asn+a tuwa5 a radaPS of StCOG.95 a data W4 of 40.22 feat thaap 627"37 f14' to eha °talftx Of t1fYiNtlttfG; fhsrtoa N27'S7Y7d W fw , t N40�t 384 W for s dtsharpa od t 5:00 Oewetftod fr,ct cantaats 0.25 �f'ea C for , dtet,nas 4f 247.95 facer tAaatoa �A f *46'34* YV to s er>< 245'30 tact; tfgtly N3G"5g"YJO" 2 far aft 11:16. dterancs d 40..81 foot WKti to eba f'Oft+P1' CiP OCGMIWNG, , , , r { a { a a