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CONSTRUCTION MANAGER AT RISK AGREEMENT FOR NEW CITY HALL AND MSB RENOVATION - RFQ 59-23DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. '; Document A133® — 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the I`(7.'day of December in the year 2023, (In words, indicate day, month, and year) BETWEEN the "Owner": (Name, legal status, address, and other information) City of Clearwater, a Florida Municipal Corporation Attention: Marcus Williamson, Public Works Director 100 South Myrtle Avenue Clearwater, Florida 33756 Phone: (727) 562-4750 Email: Marcus.Williamson@MyClearwater.com and the "Construction Manager": (Name, legal status, address, and other information) Ajax Building Company, LLC, a Florida limited liability company Florida License No. CGC 1520391 Attention: Tim Sewell, Regional Director - Florida 109 Commerce Boulevard Oldsmar, Florida 34677 Phone: (813) 792-3900 Email: tim.sewell@ajaxbuilding.com for the following "Project": (Name, location, and detailed description) New City Hall South Myrtle Avenue and Pierce Street, Clearwater, Florida 33756 Construction of a new, standalone City Hall ("City Hall") and renovations to the existing Municipal Services Building ("MSB") totaling approximately 109,742 square feet, including 41,680 square feet of new construction for the new, standalone City Hall and 66,063 square feet of renovations to the existing MSB. The "Architect": (Name, legal status, address, and other information) Wannemacher Jensen Architects, Inc., a Florida corporation Attention: Jason Jensen, AIA, LEEP AP, Principal 132 Mirror Lake Drive North, Suite 301 Saint Petersburg, Florida 33701 Phone: (727) 822-5566 Email: jason@wjarc.com The Owner and Construction Manager agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201'10-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A133 — 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS EXHIBIT C A201-2017 EXHIBIT D OWNER’S PRELIMINARY PROGRAM EXHIBIT E SCHEDULE OF KEY PERSONNEL EXHIBIT F SCHEDULE OF GENERAL CONDITIONS COSTS EXHIBIT G FORM OF PURCHASE ORDER FOR DIRECT PURCHASE MATERIALS EXHIBIT H NOT USED EXHIBIT I TRUTH IN NEGOTIATION CERTIFICATE EXHIBIT J PUBLIC CONSTRUCTION BOND EXHIBIT K CONSENT OF SURETY TO FINAL PAYMENT EXHIBIT L NON-COLLUSION AFFIDAVIT EXHIBIT M SCRUTINIZED COMPANIES FORMS EXHIBIT N VERIFICATION OF EMPLOYMENT ELIGIBILITY EXHIBIT O PINELLAS COUNTY CONSTRUCTION LICENSING BOARD CERTIFICATIONS/FDBPR LICENSES EXHIBIT P CITY OF CLEARWATER TECHNICAL SPECIFICATIONS EXHIBIT Q CITY OF CLEARWATER GREENPRINT 2.0 REQUIREMENTS EXHIBIT R CITY HALL PRECONSTRUCTION FEE BREAKDOWN EXHIBIT Q MSB RENOVATION PRECONSTRUCTION FEE BREAKDOWN ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.") DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 3 § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) The scope of Work for the Project (summarily described on Page 1 of this Agreement) includes, without limitation, professional general contracting services for the development of the design development and subsequent construction document level cost models, proposed staging, constructability, and schedule and subsequent occupancy of the Project. The professional general contracting services will include, but are not limited to pre-construction services during the design development phase, finalized in construction documents, including but not limited to pre-construction services of site planning, finalized in construction documents and, forecast permitting of scope. The Owner’s preliminary program for the Project is further generally described in Exhibit D, attached hereto and incorporated herein by reference. The Owner’s program shall be further defined and refined during the preconstruction phase of the Project. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) To be further developed as the Project is refined in consultation with the Owner, Architect and Construction Manager § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Architectural Schematic Design – November 1, 2023 Early Release Package 1 – February 19, 2024 Architectural Design Development 60% - February 8, 2024 Contract Documents 90% - May 17, 2024 Final Construction Documents – July 5, 2024 .2 Construction commencement date: Early Release Package 1 GMP Amendment – January 25, 2024 Permit Submission Early Release Package 1 – June 13, 2024 Building Construction GMP Amendment – August 8, 2024 Notice to Proceed Building Construction – August 19, 2024 .3 Substantial Completion date or dates: Substantial Completion – March 18, 2026 Final Completion – May 1, 2026 .4 Other milestone dates: Information Technology Testing – March 19, 2026 FF&E Installed – April 22, 2026 Computer Hardware on Desktops – May 4, 2026 Miscellaneous Installations – May 11, 2026 Move Date – May 18, 2026 § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 4 (Identify any requirements for fast-track scheduling or phased construction.) The Construction Manager shall cooperate with and support the Owner and the Owner’s Architect in the performance of preconstruction activities to support the Owner’s Architect’s and other design consultants’ development of the design of the Project, including issuing multiple design and bid packages. § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) LEED Silver and the City of Clearwater’s Greenprint 2.0 requirements attached hereto as Exhibit Q. § 1.1.6.1 Intentionally deleted. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) See Page 1 of this Agreement § 1.1.9 The persons or entities who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) Tara Kivett, P.E. City of Clearwater, City Engineer (727) 444-8202 tara.kivett@myclearwater.com David Lutz, P.E. City of Clearwater, Traffic Engineering Manager (727) 562-4592 david.lutz@myclearwater.com Paul Chastant, Architect Broaddus & Associates, Inc. (803) 807-1174 pchastant@broaddususa.com Jason Rupe, CCM, LEED AP Broaddus & Associates, Inc. (330) 979-9513 jrupe@broaddususa.com § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: Not applicable. .2 Civil Engineer: Not applicable. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 5 .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) Broaddus & Associates, Inc. (the "Owner’s Representative") 1301 South Capital of Texas Highway, Suite A-302 Austin, Texas 78746 § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) See Page 1 of this Agreement. § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) See Page 1 of this Agreement. § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) See Section 3.1.9. § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) See Section 3.1.11.3 and Article 9. § 1.1.15 Other Initial Information on which this Agreement is based: Exhibit P – City of Clearwater Technical Specification § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both Parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall discuss whether and to what extent adjustment of the Project schedule, the Construction Manager’s services, and/or the Construction Manager’s compensation may be appropriate. The Owner may adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The Construction Manager’s representative shall not be changed without ten (10) days’ prior notice to the Owner and Owner’s written approval of a successor representative. The Owner may from time to time change its designated representative with written notice to the Construction Manager. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, AIA Document A201™–2017, General Conditions of the Contract in the modified form as mutually agreed to by the Owner and the Construction Manager, attached hereto and incorporated herein as Exhibit C ("A201–2017"), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents incorporated by reference in and Exhibits to this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Parties’ execution of a Guaranteed Maximum Price Amendment ("GMP Amendment"), the Contract Documents will also include the documents described in Section 3.2.3 and identified in the GMP Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the Parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. The intent of the Contract Documents is to include all items necessary for the proper execution and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 6 completion of the Work by the Construction Manager. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Construction Manager shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement. The Construction Manager represents it has substantial experience in conceptual estimating, scheduling and construction means and methods and experience with work of similar scope, size and complexity as the Work of the Project. The Construction Manager covenants with the Owner to cooperate with the Architect and other consultants and contractors, and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, at the times or times set forth in a schedule agreed to by the Owner in writing, or in the absence of such an agreed schedule, with reasonable promptness, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Construction Manager is an independent contractor, and not an agent or employee, of the Owner. Nothing herein shall be construed to make the Construction Manager the agent, servant, or employee of the Owner or create any partnership, joint venture, or other association. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, the A201™–2017 shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Sections 3.17 and 3.18, Indemnification; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 7 § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. The Construction Manager shall consult with the Owner and the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, and periodically thereafter, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; activity sequences and durations of components of the Work; milestone dates for receipt and approval of pertinent information; times of commencement and completion required of each Subcontractor; times of commencement and completion required of the Owner and of the Owner’s consultants, including the Architect, and Separate Contractors, ordering and delivery of products, including those that must be ordered well in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, availability of labor and materials, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Owner, the Architect or the Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect’s review and the Owner’s review and approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. In addition to cost estimating services provided by the Architect and Construction Manager, the Owner’s Representative will verify all cost estimates during design and the development of the Guaranteed Maximum Price. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 8 § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall furnish only skilled and properly trained staff for the Project. The key members of Construction Manager’s staff ("Key Personnel") shall be persons agreed upon by Owner and Construction Manager set forth in the Schedule of Key Personnel attached hereto as Exhibit E. Such Key Personnel shall not be changed without the written consent of the Owner, unless such person(s) become unable to perform any required duties due to death, disability or termination of employment with the Construction Manager. If the Key Personnel are no longer capable of performing in this capacity, Owner and Construction Manager shall agree on a mutually acceptable substitute. The Owner reserves the right to require the Construction Manager to change a member of the Key Personnel when the Owner reasonably deems such change to be in the Owner’s best interests and the Construction Manager shall promptly comply with the Owner’s request at no additional cost to the Owner. § 3.1.10 Intentionally deleted. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project. As part of this process, the Construction Manager shall familiarize itself with the Owner’s process for the purchase of Direct Purchase Materials (defined below) and endeavor to obtain prospective Subcontractors’ and suppliers’ agreement with the Owner’s form of purchase order for Direct Purchase Materials. § 3.1.11.3 The processes described in Article 9 shall apply. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s and Owner’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered well in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered well in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, including requirements of, and conditions of any approvals, or permits given by all public authorities, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities for inclusion in the Contract Documents (collectively, "Applicable Laws"). The Construction Manager is not responsible to ensure that the Drawings and Specifications conform to the requirements of Applicable Laws; provided, however, the Construction Manager shall promptly notify the Owner should it observe or learn of any noncompliance of the Drawings and Specifications with Applicable Laws. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) § 3.1.14.1 The Construction Manager shall assist the Owner and Architect in expediting the development of the final Drawings and Specifications by furnishing recommendations to the Owner and Architect for alternatives to construction means and methods of performing the Work as well as substitution of materials or equipment required for the Work. The purpose of value engineering is to assist in achieving all of the Owner’s objectives for the Project, including the schedule, the budget, functional performance and aesthetic goals. Factors that the Construction Manager shall consider in making such recommendations include site use, selection of building materials and systems, availability of labor, methods of DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 9 construction and other similar items benefiting from evaluation prior to the completion of the Drawings and Specifications. Particular attention shall be given to alternatives for materials, equipment and systems, possible economies and identification of options that will maximize the benefits that the Owner will derive from the completion of the Work. When requested by Owner, the Construction Manager: (1) prepare a specific analysis of the cost-effectiveness and performance capabilities of any building system or component under consideration or specified for the Work and provide other relevant information; and (2) make recommendations on field logistics and any other studies that are required to complete the Work successfully. The Construction Manager acknowledges that it will not rely on any value engineering proposals unless approved in writing by the Owner. The Owner is under no obligation to accept any pending or future value engineering proposal submitted by the Construction Manager. The Construction Manager may render opinions, advice and recommendations to the Owner and the Architect as value engineering to help reduce the overall Cost of the Work. By doing so, the Construction Manager has not assumed any of the duties or obligations of the Owner or Architect. The final decision as to the use of any value engineering opinions, advice or recommendations supplied by the Construction Manager is, and remains, the right and responsibility of the Owner and Architect, respectively. Except as may otherwise be expressly provided in the Contract Documents, the Construction Manager makes no guarantees or warranties regarding its value engineering opinions. § 3.1.14.2 At intervals appropriate to the progress of the Project and established by the Owner or Architect, the Construction Manager shall meet with the Owner and the Architect, and the Owner’s and the Architect’s other design consultants to coordinate the Contract Documents, including for the purpose of a construction feasibility and coordination analysis, identifying conflicts, missing information or gaps in the planned scope of Work and determining appropriate corrective action to ensure the full scope of intended Work is performed efficiently and economically. § 3.1.14.3 In performing its Preconstruction Phase services, including participating in design reviews and making value engineering suggestions, the Construction Manager shall not be deemed to have assumed any design responsibility of the Architect or of the Owner’s other design consultants. § 3.1.14.4 Without limitation of the Construction Manager’s other coordination responsibilities, the Construction Manager shall coordinate the Construction Manager’s services and work relating to the procurement and installation of furniture, fixtures and equipment, including IT equipment, with the Owner’s FF&E and IT planning departments, and shall coordinate relevant portions of the Construction Manager’s services and work with the City of Clearwater Police Department, Building and Maintenance, Utilities, and Public Works. § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The "Guaranteed Maximum Price" or "GMP" in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. The Construction Manager shall deliver to the Owner’s Project Manager complete copies of all Subcontractor and supplier bids obtained in accordance with Article 9 for the Owner’s review in conjunction with the Guaranteed Maximum Price proposal. § 3.2.1.1 The Owner may elect to issue a written authorization to proceed with certain segments of Work (each a "Project Segment") prior to full agreement on the final Guaranteed Maximum Price for the entire Work, in which event each such Project Segment shall be authorized by the Owner pursuant to a separate GMP Amendment (as defined herein). If the Owner so elects in writing, then the Construction Manager shall prepare a separate Guaranteed Maximum Price proposal specific to each Project Segment as requested by the Owner for the Owner’s and the Architect’s review and the Owner’s acceptance. Upon the Owner’s approval of the Construction Manager’s Guaranteed Maximum Price Proposal for a Project Segment, a separate GMP Amendment setting forth key terms of the Agreement applicable to the specific Project Segment shall be prepared. Subsequent GMP Amendments shall incorporate the amounts of the prior GMP Amendments until the final GMP Amendment is executed. The "Contract Documents" applicable to each Project Segment shall be those described in Section 2.1 and Article 15 of this Agreement, including the "GMP Amendment" specific to the Project Segment. Terms and provisions of the Contract Documents shall be deemed to refer and shall apply separately to a separate Project Segment if and to the extent (i) the terms are specified in a GMP Amendment as applying to a particular Project Segment, (ii) the provisions depend for their meaning or application on terms specified in a particular GMP Amendment, or (iii) the provisions, based on their language, are intended by the Parties to apply to a Project Segment separately. For the avoidance of doubt, it is not the Parties’ intent that the Project be divided into separate sub-Projects for each Project Segment with each such sub-Project having its own Guaranteed Maximum Price. Rather, it is the Parties’ DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 10 intent that the Guaranteed Maximum Prices from each Guaranteed Maximum Price Amendment be aggregated with the others, such that there is one overall Guaranteed Maximum Price for the entire Work for which GMP Amendments have been executed by the Parties. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, or material changes in systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order or Construction Change Directive. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following unless otherwise agreed by the Owner in writing: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A list of allowances and a statement of their basis; .4 A schedule of alternates and their prices, including the dates by which the alternates must be selected for the specified prices to remain available; .5 schedule of unit prices; .6 The initial construction schedule referenced in Section 3.3.2.2 below; .7 A statement of the proposed Guaranteed Maximum Price, to be prepared using each component of the MasterFormat (CSI) list approved by the Owner, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; the Construction Manager’s Fee; and any other items that are included in the Guaranteed Maximum Price, which shall be based on (a) competitive bids obtained in accordance with Article 9, and which shall be used to prepare a schedule of values to be attached as an exhibit to the GMP Amendment and made part of the Contract Documents if agreed by the Owner, as further provided in Section 3.2.10; .8 A schedule of General Conditions Costs (as defined and described in Section 6.1.7); .9 A logistics plan that, among other things, shows the proposed locations for the parking of the Contractor’s and its Subcontractors’ and suppliers’ and their respective personnel’s vehicles and the storage and staging of materials and equipment to be incorporated into, or used in connection with, the Work; .10 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based and the anticipated dated of Final Completion (as defined in Section 3.3.1.3); and .11 An updated list of Key Personnel for the Construction Phase of the Project. § 3.2.4 Contingency shall be included only as a single, separate line shown in both the statement of the proposed Guaranteed Maximum Price provided pursuant to preceding Section 3.2.3, and in the schedule of values provided in accordance with Sections 3.2.10 and 11.1.5, shall not exceed the amount agreed upon by the Owner and the Construction Manager set forth in the GMP Amendment. Such contingency shall be for the Construction Manager’s use to cover unforeseen costs considered reimbursable as the Cost of the Work, but that are not the basis of a Change Order, that result from: (a) errors by the Construction Manager in estimating time or money, (b) items omitted by the Construction Manager in the formulation of the Guaranteed Maximum Price, (c) costs to the extent the sum of the subcontract costs exceed the sum of the subcontract costs in the Guaranteed Maximum Price, (d) any matters with respect to which the costs thereof may, pursuant to the express provisions of the Contract Documents, be paid for out of the contingency; and (e) other events or circumstances not foreseen by the Construction Manager that are not otherwise accounted for in the GMP, if approved by the Owner’s Designated Representative in writing. Any use of the contingency shall require the prior written approval of the Owner’s Designated Representative, which shall not be unreasonably withheld. Notwithstanding anything herein to the contrary, contingency shall not be used for: (i) any losses or expenses for which the Construction Manager would have been indemnified or compensated by bonds or insurance required to be maintained by the Construction Manager or its Subcontractors, but for the failure of the Construction Manager to procure and maintain bonds or insurance in accordance with the requirements of the Contract, or the failure of the Construction Manager to comply with the requirements of any of Construction Manager’s or its Subcontractors’ sureties or insurance carriers providing coverage required by the Contract for the Project; (ii) costs which arise out of the Construction Manager’s intentional misconduct; (iii) costs which arise out of disputes with employees of the Construction Manager or any Subcontractor or Sub-subcontractor working on the Project or with any union representing such employees; (iv) costs not DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 11 otherwise subject to inclusion in a cost category of the Guaranteed Maximum Price; (v) liquidated damages; (vi) sums which are otherwise properly chargeable to the contingency to the extent (A) such sums are reasonably chargeable to a Subcontractor or other responsible person or entity, or (B) the Construction Manager failed to notify the Owner or its insurance carrier, if applicable, of the event which results in a coverage disclaimer from such carrier for improper or untimely notice. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both; provided, however, that nothing herein imposes any duty on the Owner to identify any such inconsistencies or inaccuracies or any responsibility for any failure to do so. § 3.2.6 The Construction Manager’s Guaranteed Maximum Price proposal shall constitute a "firm offer" by the Construction Manager and available for acceptance by the Owner for the period specified in the proposal but in any event not less than thirty (30) days after receipt by the Owner. If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Owner and Construction Manager shall execute a GMP Amendment the Owner and Construction Manager shall execute the GMP Amendment amending this Agreement, in substantially the form attached hereto as Exhibit A, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. However, for the avoidance of doubt, the Owner may, at its sole discretion and based upon its sole judgment, (a) indicate its acceptance of the Construction Manager’s Guaranteed Maximum Price proposal; (b) reject the Construction Manager’s Guaranteed Maximum Price proposal; (c) terminate the Project; or (d) obtain bids from other contractors and proceed to construct the Project using a party or parties other than the Construction Manager. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the GMP Amendment and commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the GMP Amendment. The Owner shall direct the Architect to promptly furnish such revised Contract Documents to the Construction Manager as they are revised. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the GMP Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the GMP Amendment is executed. § 3.2.10 The Construction Manager shall prepare a schedule of values consistent with its statement of the proposed Guaranteed Maximum Price pursuant to Section 3.2.3.7 for the Owner’s and Architect’s approval. It is the Owner’s intent that the proposed Guaranteed Maximum Price be based, to the extent reasonably practicable, on hard bids, such that subcontracts and supply agreements will be bought at the bid amounts on which the Guaranteed Maximum Price is based. However, if thereafter there remain subcontracts or supply agreements to be "bought out", as the Construction Manager finalizes agreements with Subcontractors and suppliers, all "buy-out" savings (i.e. difference between amounts shown in the schedule of values attached to the GMP Amendment for an item of Work, services, materials or equipment and the amount for which the Construction Manager obtains a binding commitment from a Subcontractor or supplier to supply or furnish such item) ("Buy-Out Savings") shall be carried as a separate line item in the schedule of values. Once the final Buy-Out Savings amount is determined, a Change Order shall be prepared that transfers such Buy-Out Savings to the Construction Manager’s contingency line item in the schedule of values described in (and to be managed in accordance with) Section 3.2.4. The Construction Manager shall continuously track Buy-Out Savings and provide an interim reconciliation of such Buy-Out Savings in or with the Construction Manager’s monthly Applications for Payment. References hereto to "Schedule of Values" mean the most recent version approved by the Owner. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 12 § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201–2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the latest to occur of: (a) the Owner’s execution of the GMP Amendment; (b) the date specified in the Owner’s written Notice to Proceed; or (c) the issuance of the requisite permit(s) by the applicable governmental authority necessary to commence the Work of the Project. The Construction Manager shall proceed diligently in applying for and expediting issuance of the requisite permit(s). § 3.3.1.3 The Construction Manager shall achieve Substantial Completion (as defined in Section 9.8 of the A201-2017) of the entire Work within the time period or by the date specified in the GMP Amendment (the "Contract Time"). The Construction Manager shall achieve Final Completion within forty-five (45) days after the Construction Manager achieves Substantial Completion (the "Final Completion Date"). The term "Final Completion" as used herein shall mean the date on which the Architect has certified that the Construction Manager has fully completed all of the Work of the Project, including all Punch List items, and all conditions precedent to final payment have been satisfied (other than Owner’s auditor’s final report). Time is of the essence in the performance of the Construction Manager’s obligations under the Contract. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 The Construction Manager shall submit with the Guaranteed Maximum Price proposal a construction schedule for the Work, including the Owner’s occupancy requirements, activity sequences and durations of components of the Work; milestone dates for receipt and approval of pertinent information, using the critical path method and otherwise in a format acceptable to the Owner for the Owner’s and the Architect’s review and the Owner’s approval and, upon the execution of the GMP Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a submittal schedule in accordance with Section 3.10.2 of A201–2017. The approved construction schedule shall be updated in accordance with Section 3.10 of the A201-2017. § 3.3.2.2.1 The Construction Manager shall include in its original construction schedule and updates thereto a "phasing plan", which phasing plan shall account for the needs of the Owner’s operations at any existing buildings or facilities located and operating at the Project site ("Existing Facilities"). The Construction Manager shall perform and coordinate its work in such a manner as to avoid interference with the operations of Existing Facilities, including equipment and employee areas of and access to Existing Facilities (including access by emergency vehicles, delivery trucks and other vehicles) and provide for the safety of the Existing Facilities’ staff and visitors. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. The monthly reports shall be submitted with each Application for Payment and shall include a detailed breakdown of the status and use of the contingency as provided in Section 3.2.4. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner or the Architect. § 3.3.2.5 Cost Control The Construction Manager shall develop and implement a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 13 and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide, with reasonable promptness, information reasonably requested by Construction Manager and under Owner’s control regarding requirements for and limitations on the Project, including a written program, if any, which shall set forth the Owner’s objectives, constraints, and criteria, schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager 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. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and may periodically update the Owner’s budget for the Project, which may include, as the Owner deems appropriate, (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and, if required by the Owner, the Architect, in consultation with the Construction Manager, shall thereafter discuss whether a corresponding change in the Project’s scope and quality is necessary or appropriate. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work and shall promptly notify the Owner in writing should it identify any inaccuracy in the information or services furnished by the Owner. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required of the Owner by law and as otherwise agreed to by the Parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are reasonably requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information. § 4.1.6 Intentionally deleted. § 4.1.7 Direct Purchase Materials. The Construction Manager acknowledges and agrees that the Owner may elect to directly purchase certain materials from vendors and provide the same to the Construction Manager for the Construction Manager’s incorporation into the Project. The Owner’s election in this regard may be the result of certain tax advantages DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 14 (including sales tax exemptions afforded by Section 212.08(6), Florida Statutes) or for the purpose of other discounts or deductions, including those in kind. Before placing orders for material and equipment that are anticipated, in good faith to exceed the pre-tax purchase price of $5,000 (including categories of items for which the ultimate aggregate purchase price is expected to exceed $5,000) the Construction Manager shall inform the Owner in writing of the various sources from which the materials or equipment may be purchased and the purchase price thereof and afford the Owner ten (10) business days after the Owner receives such written information, within which to issue a direct purchase order to the Owner’s vendor of choice for the item or items to be purchased at the Owner’s election (such materials and equipment that the Owner elects, in its sole discretion, to procure directly from vendors referred to herein as "Direct Purchase Materials"). The following provisions shall apply to such Direct Purchase Materials: (a) the Construction Manager shall prepare and provide to the Owner a purchase order in the form attached hereto as Exhibit G containing the name and address of the material supplier, a list of required items, the quantity needed, the price of the materials, and other information called for by Exhibit G or otherwise reasonably required by the Owner; (b) the Owner shall issue a purchase order directly to the material supplier for such materials; (c) the Owner shall issue its exemption certificate; (d) the materials shall be delivered to the Owner at the Project site and title to the materials shall be transferred directly from the material supplier to the Owner; (e) the Construction Manager shall be responsible for all matters relating to the receipt of the materials, including verifying correct quantities, inspection and acceptance of the materials at the time of delivery; (f) the Owner shall be billed directly by the material supplier; (g) the Owner shall pay the material supplier directly; and (h) the Owner shall bear all risk of loss or damage to the materials from the time of purchase and prior to their installation into the Project. Title to the materials purchased directly by the Owner shall vest in the Owner at the time the materials are delivered to the Project site. The Guaranteed Maximum Price shall, by Change Order or Construction Change Directive, be reduced by the cost of such Direct Purchase Materials, including sales tax thereon; provided, however, the cost of such Direct Purchase Materials shall be considered a Cost of the Work for purposes of the calculation of the Construction Manager’s Fee. For the avoidance of doubt, the Construction Manager shall be entitled to Construction Manager’s Fee on the cost of Direct Purchase Materials but not on the tax saved. To the extent permitted by Applicable Laws, the Construction Manager shall be responsible for coordinating and receiving delivery of, inspecting, accepting delivery of, handling, safeguarding, and installing Direct Purchase Materials to the same extent as if the Construction Manager itself had procured such Direct Purchase Materials. The Construction Manager shall cooperate with the Owner and shall assist the Owner with any other processes necessary for the Owner to take full advantage of any available tax advantages, discounts or deductions associated with the purchase of materials. § 4.2 Owner’s Designated Representative The Owner shall identify one or more representatives authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Notwithstanding anything in the Contract Documents to the contrary, for any decision, approval or consent of the Owner to be binding against the Owner it must be in writing and signed by the Owner’s representative and for any Modification that changes the Contract Sum or Contract Time. Except as otherwise provided in Section 4.2.1 of A201–2017, the Architect does not have the authority to make a decision, approval or consent that is binding against the Owner. The term "Owner" means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish or cause to be furnished all legal, insurance and accounting services, including auditing services, that the Owner may determine to be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, other than services required of the Construction Manager by other provisions of the Contract Documents. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in the Owner’s agreement with the Architect. The Owner, upon the Construction Manager’s request, shall provide the Construction Manager a copy of the scope of services from the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 15 A lump-sum fee of Two Hundred Fifty-Nine Thousand Three Hundred Sixty Dollars ($259,360.00) for the City Hall, excluding a Ten Thousand Dollar ($10,000.00) allowance for utility locates, GPR, and exploratory, as set forth on Exhibit R, a lump-sum fee of One Hundred Ten Thousand Six Hundred Five Dollars ($110,605.00) for the MSB as set forth on Exhibit S. § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate Not applicable. § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the Parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement for the City Hall have not been completed within ten ( 10 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. If the Preconstruction Phase services covered by this Agreement for the MSB have not been completed within seven ( 7 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payment due for the Construction Manager’s Preconstruction Phase services shall be made within twenty (20) business days after receipt of an Owner-approved invoice accompanied by all required or reasonably requested supporting information. The Construction Manager will submit invoices to the Owner for the fees earned and for reasonable out-of-pocket expenses necessarily incurred in providing the Preconstruction Phase services, during the month covered by the invoice. All such invoices shall include: (a) for fees calculated on the basis of hourly rates, time sheets or other evidence reasonably acceptable to the Owner evidencing the hours spent in performing the relevant services, (b) an itemized statement of expenses incurred for such period with appropriate substantiation (such as copies of paid invoices), and (c) such other information as the Owner shall reasonably require to enable the Owner to verify, evaluate and approve the services completed, the fees earned and expenses incurred. § 5.2.2 (Paragraphs deleted) Amounts not paid when due shall accrue interest at the minimum rate promulgated or mandated, as applicable, by Applicable Law. § 5.3 Prior Work To the extent the Construction Manager has performed work or services for the Project before execution of this Agreement, all rights and liabilities of the Parties for performance of the prior work and services are merged and included within and shall be governed by the terms and conditions of this Agreement. No compensation is due the Construction Manager for any such work or services other than as set forth in this Agreement, notwithstanding anything in the Contract Documents to the contrary. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the GMP Amendment, subject to the Guaranteed Maximum Price specified in the GMP Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee (which Fee is inclusive of the Construction Manager’s overhead and profit): DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 16 (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) Three and 85/100 percent (3.85%) of the Cost of the Work (as defined in Article 7 of this Agreement), subject to the exclusions therefrom in calculating the Construction Manager’s Fee as provided for herein, which shall be converted to a lump-sum amount in each GMP Amendment. § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: For changes in the Work, Construction Manager’s Fee shall be three and 85/100 percent (3.85%) of the net change in the Cost of the Work for the changed Work. § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: For Change Order Work or Construction Change Directives as to which unit pricing in accordance with the Agreement is not the agreed upon pricing method, the maximum amounts payable for fees (including overhead, profit, and the like) are as follows: .1 For each Subcontractor, for Work performed by that Subcontractor’s own forces, five percent (5%) of the cost of the Work for the changed Work for overhead plus profit equal to five percent (5%) of the cost of the Work for the changed Work shall be paid to the Subcontractor. .2 For each Subcontractor, for Work performed by that Subcontractor’s Sub-subcontractor, no overhead charges, but a five percent (5%) profit on the amount due the Sub-subcontractor shall be paid the Subcontractor. .3 For each Sub-subcontractor, for Work performed by that Sub-subcontractor’s own forces, five percent (5%) of the cost of the Work for the changed Work plus a profit equal to five percent (5%) of the cost of the Work for the changed Work shall be paid to the Sub-subcontractor. .4 No further tiering of Sub-subcontractors will be allowed mark up for overhead or profit (fees). The combined aggregate mark-up payable to all Subcontractors of any tier collectively shall not exceed to fifteen percent (15%) of the cost of the Work for the changed Work. § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed one hundred percent ( 100 %) of the standard rental rate paid at the place of the Project, which rate shall be substantiated by the Construction Manager to the Owner’s reasonable satisfaction. In no event, shall the total rental cost of any Construction Manager-owned item exceed seventy-five percent (75%) of the purchase price of such item when new. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) § 6.1.6.1 The Construction Manager acknowledges and agrees that the Owner will suffer damages if the Construction Manager does not achieve Substantial Completion of the entire Work within the Contract Time. The specific damages for delay in timely achieving Substantial Completion of the Work within the Contract Time are difficult to determine at this time but the Parties agree that the liquidated damages for delayed Substantial Completion specified in this Section 6.1.6.1 represent a reasonable estimate of the damages the Owner will incur for each day of delay beyond the Contract Time and bear a reasonable relationship to the Owner’s risk of loss. Accordingly, as liquidated damages, and not as a penalty, the Construction Manager shall pay to the Owner liquidated damages in the daily amount specified in this Section 6.1.6.1 for each day of delay in achieving Substantial Completion of the Work beyond the Contract Time. The daily amount of liquidated damages for each day of delay in achieving Substantial Completion of the entire Work shall be One Thousand Dollars ($1,000.00) per day for each day of delay in achieving Substantial Completion of the entire Work; provided, however, a thirty-day (30-day) grace period will be allowed such that should the Construction Manager achieve Substantial Completion within the thirty-day (30-day) grace period, no liquidated damages shall be payable pursuant to this Section 6.1.6.1; provided, further, however, if the Construction Manager fails to achieve Substantial Completion within such thirty (30) day grace period, then the Construction Manager shall be liable for the liquidated damages that accrued during such thirty (30) day grace period (in addition to those that accrue thereafter). § 6.1.6.2 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 17 § 6.1.6.3 The Owner may deduct liquidated damages prescribed herein from any unpaid amounts then or thereafter due the Construction Manager under the Contract Documents. Any liquidated damages not so deducted shall be payable to the Owner by the Construction Manager upon demand by the Owner plus interest from the date of demand at the legal rate prevailing from time to time at the place where the Project is located. It is further mutually understood and agreed that the Owner’s assessment of liquidated damages for delays is intended to compensate the Owner solely for the Construction Manager’s failure to timely achieve Substantial Completion of the Work and shall not release the Construction Manager from liability from any other breach of the requirements of the Contract Documents. If the Contractor challenges the enforceability of the liquidated damages set forth in the Contract, and the liquidated damages set forth in the Contract are determined by a court of competent jurisdiction to be unenforceable, then the Owner instead shall be entitled to recover those actual delay damages that it sustained as a result of the Construction Manager’s delay in achieving Substantial Completion. The Owner’s right to liquidated damages hereunder is self-executing and no Claim by the Owner is required as a condition precedent to the Owner’s right to offset liquidated damages from amounts otherwise due the Construction Manager or to otherwise pursue recovery of liquidated damages. However, the Owner shall deliver notice to the Construction Manager at least five (5) days prior to offsetting liquidated damages from amounts otherwise due the Construction Manager. If the Construction Manager disputes any liquidated damages to which the Owner asserts it is entitled, the Construction Manager may make a Claim in accordance with the terms of the A201-2017. § 6.1.7 Other: § 6.1.7.1 The Construction Manager’s "general conditions costs" and "general requirements costs" (collectively, "General Conditions Costs"), which are included in the Cost of the Work, shall be a lump sum, which lump sum amount shall be drawn in equal monthly installments over the duration of the Project. The General Conditions Costs shall be subdivided into General Conditions that are based on a time component ("Timed General Conditions Costs") and General Conditions Costs that are a single flat-rate change ("Flat Rate General Conditions Costs"). A schedule of the items included in the General Conditions Costs is attached hereto as Exhibit F. § 6.1.7.2 For Change Order or Construction Change Directive Work there shall be no increase in the Construction Manager’s General Conditions Costs unless Change Orders and Construction Change Directives have resulted in an extension of the Contract Time. In the event that Construction Manager is entitled to an increase in the General Conditions Costs, the increase shall be calculated using the approved costs or rates for Timed General Conditions Costs set forth in the GMP Amendment, which per diem amount shall be calculated by dividing the Contract Time applicable to such GMP Amendment by the Timed General Conditions Costs for such GMP Amendment (the "Per Diem Timed General Conditions Costs"). § 6.1.7.3 There shall be no reduction in the Construction Manager’s General Conditions Costs for changes to the Work, unless there is a reduction in the Contract Time or decrease in the Work requiring reduced supervision. In the event of a change to the Work resulting in a reduction in the Contract Time, the General Conditions Costs shall be reduced by the Per Diem Timed General Conditions Costs for each day by which the Contract Time is reduced. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the GMP Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. On the other hand, to the extent the final Contract Sum (i.e. the Cost of the Work plus the Construction Manager’s Fee) is less than the Guaranteed Maximum Price for the Project (as it may have been adjusted in accordance with the terms of the Contract Documents), the Construction Manager shall not be entitled to any additional payment on account of such difference. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 18 § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the GMP Amendment may be determined by any of the methods listed in Section 7.3.3 of A201–2017. § 6.3.3 In calculating adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement, subject to Sections 6.1, 6.2, and 7.1 through 7.9, and Article 8 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts, subject to the provisions of Section 6.1.4 above. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of the A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 Intentionally deleted. § 6.3.6 Notwithstanding anything in the Contract Documents to the contrary, no Modification to the Contract, including a change to the GMP and/or Contract Time, shall be valid and binding as against the Owner unless signed by the Owner’s representative and City Manager or City Counsel, respectively, and should the Construction Manager perform work for which it believes an increase in the Guaranteed Maximum Price is required without such a signed Modification, it shall be deemed to have waived any entitlement to an extension of the Contract Time and an increase in the Guaranteed Maximum Price as a result thereof. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work, less all discounts and rebates that shall be taken by the Construction Manager, subject to Article 8 of this Agreement. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. Items of Work not included in Sections 7.1 through 7.7 are compensable only as part of Construction Manager’s Fee and are otherwise not reimbursable. Certain of the costs itemized in Sections 7.1 through 7.7 are or may be included in General Conditions Costs, whether or not specifically noted as such, and in no event shall the Construction Manager charge for or recover costs included in General Conditions Costs separately in an Application for Payment in addition to General Conditions Costs (i.e. there shall be no duplication of such costs). § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.1.4 All per diem and travel expenses to be reimbursed as part of the Cost of the Work, if any, shall be subject to the legal requirements and limitations imposed upon the Owner by Florida Statutes § 112.061, as amended, and the Owner’s internal policies with respect to travel reimbursement in place from time to time. All such expenses and request for reimbursement therefor are subject to, to the extent applicable, Florida Statutes § 112.061, as amended. The Owner shall not be responsible for paying for, or reimbursing, expenses incurred or billed contrary to such Vendor Guidelines or Applicable Laws. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 7.2.2 General Conditions Costs as described in Exhibit F. (Paragraphs deleted) § 7.2.3 Intentionally deleted. § 7.2.4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for employees not covered by such agreements, customary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 19 benefits such as sick leave, medical and health benefits, holidays, vacations and pensions (collectively, "Labor Burden"), provided Labor Burden is based on wages and salaries included in the Cost of the Work under Section 7.2.1. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates are all-inclusive and shall remain unchanged throughout the duration of this Agreement, unless the Parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement including subcontractor bond costs for all subcontracts in excess of Forty Thousand Dollars ($40,000.00). § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Except for Direct Purchase Materials, unused excess materials, if any, shall become the Owner’s property at the completion of the Work and the Construction Manager shall deliver such materials to the Owner as a Cost of the Work or, at the Owner’s option, such materials shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, tools and equipment required for the Work and not included in subcontracts that are provided by the Construction Manager at the Project site. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval and shall not exceed rates determined as provided in Section 6.1.5. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Intentionally deleted. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required of the Construction Manager by the Contract Documents that can be directly attributed to this Contract at the following rates: (a) The cost of other insurance required of the Construction Manager at the rate of one and five one-hundredths percent (1.05%) of the Cost of the Work; and, (b) Bond costs based on the Contract Value not including reductions for Direct Purchase Materials and sales tax savings, which bond costs the Construction Manager represents to the Owner are the Construction Manager’s actual out-of-pocket bond premium costs. Notwithstanding anything to the contrary, bond costs shall be subject to verification and audit. All of the percentages set forth in this Section 7.6.1 shall apply to all scope changes that are the subject of a duly executed Change Order or Construction Change Directive. Insurance costs and bond premiums shall not be considered a Cost of the Work for purposes of calculating the Construction Manager’s Fee. § 7.6.1.1 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 20 § 7.6.1.2 Intentionally deleted. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority on materials or equipment incorporated into the Work and for which the Construction Manager is liable. § 7.6.3 Intentionally deleted. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded by Section 13.4.3 of A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the fault or negligence of the Construction Manager, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, or the Construction Manager’s failure to fulfill a responsibility in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager relating to the Drawings and Specifications, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 7.6.10 Subject to Owner’s prior approval, expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s personnel required for the Work who are identified in the GMP Amendment, provided that all per diem and travel expenses are subject to the legal requirements and limitations and the Owner’s internal policies, including the Vendor Guidelines, addressed in preceding Section 7.1.4. § 7.6.11 Intentionally deleted. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs necessarily incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Section 10.4 of A201–2017. § 7.7.3 Costs of repairing damaged Work executed by the Construction Manager, Subcontractors or suppliers, provided that such damage was not caused by negligence or failure to fulfill a specific responsibility of the Construction Manager or anyone for whom the Construction Manager is responsible and only to the extent that (i) the Construction Manager maintains all required and insurance coverages and bonds, and (ii) the cost of repair is not recoverable by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 21 § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager owns any interest in excess of ten percent in the aggregate; (3) any person or entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who owns any interest in, or has the right to control the business or affairs of, the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner in writing of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office and in other offices, including the site office, except to the extent included in the Construction Manager’s General Conditions Costs; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor; .3 Expenses of the Construction Manager’s principal office and other offices, including the site office, except to the extent included in and reimbursable as part of the Construction Manager’s General Conditions Costs; .4 Overhead and general expenses, including the Contractor’s information technology costs; .5 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .6 Costs due to the negligence or fault of, or failure to fulfill a specific responsibility of the Contract or Applicable Laws by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in duly-executed Change Orders or Construction Change Directives approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 The intent of the Parties is that all Work, materials, equipment and services be obtained at competitive prices. Unless otherwise authorized by the Owner in writing, the Construction Manager shall obtain at least three (3) bids from qualified bidders on all of the Work (unless the Construction Manager provides to the Owner reasonable evidence that it was not able to obtain three (3) bids), including on any Work that Construction Manager desires to self-perform. The DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 22 Construction Manager shall prepare and submit its own bids on any Work it intends to self-perform. Those portions of the Work that the Construction Manager does not self-perform with the Construction Manager’s own personnel shall be performed under written subcontracts or other appropriate written agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids, provided that no recommendation or approval of a bidder by the Owner shall be deemed to make the Owner responsible for such bidder’s performance. The Construction Manager may obtain bids from other qualified bidders in addition to any bidders recommended by the Owner. The Construction Manager shall prepare bids for Work it intends to self-perform and shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver to the Architect and Owner all such bids (without redaction), a bid recap table, and copies of the bid solicitation materials that the Construction Manager provided to the bidders, with an indication as to which bids the Construction Manager recommends accepting. The Owner shall then determine, with the advice of the Construction Manager and the Architect, which bids will be accepted. Any advice of the Architect, or determination by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. The Construction Manager shall deliver copies of all signed subcontracts and purchase orders with Subcontractors and suppliers to the Owner promptly after the full execution thereof. § 9.1.1 If the Guaranteed Maximum Price has been established, and a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of five (5) years after final payment, or for such longer period as may be required by Applicable Laws. Furthermore, Construction Manager shall cooperate with the reasonable requests from the Owner’s auditors for documentation and other information related to the Project. Notwithstanding the foregoing, the calculations of the rates or amounts, as applicable, agreed to herein for the Construction Manager’s General Conditions Costs shall not be subject to audit, except to confirm that the required services or items were provided and that such agreed rates were correctly applied and charged. In the event any such audit discloses that the Owner has overpaid the Construction Manager, the Construction Manager shall refund the amount of such overpayment to the Owner. Additionally, in the event any audit reveals one or more overcharges exceeding Seventy-Five Thousand Dollars ($75,000) in the aggregate, the Construction Manager shall promptly reimburse the Owner for the reasonable cost of such audit capped at Forty-Five Thousand Dollars ($45,000). In no event shall any audit increase the amount of the Guaranteed Maximum Price. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon properly completed Applications for Payment, together with all required supporting documentation and information required by the Contract Documents, submitted to the Owner and the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 23 § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 11.1.3 Provided that a properly-completed Application for Payment, together with all required supporting documentation and information required by the Contract Documents, is received by the Owner and the Architect, the Owner shall make payment of the amount certified to the Construction Manager not later than twenty-five ( 25 ) business days after the Owner’s and the Architect’s receipt of such properly-completed Application for Payment, together with all such required supporting documentation and information required by the Contract Documents. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.3.1 The Construction Manager shall submit to the Owner before its first Application for Payment, all evidence of insurance required by the Contract Documents (in accordance with the requirements of Exhibit B), a listing of all Subcontractors (awarded at that time), a schedule of values (with any proposed revisions to the previously-approved Schedule of Values as described in Sections 3.2.10 and 11.1.5). If an Applicable for Payment includes a request for payment for Work that is to be completed within thirty (30) days after the date of the Application for Payment, the Construction Manager shall provide the Owner with reasonably satisfactory evidence that the subcontracts for such Work are in place or bid out. § 11.1.3.1.1 Each Application for Payment shall constitute a certification and representation by the Construction Manager to the best of its knowledge to the Owner that: (i) the construction has progressed to the point indicated; (ii) the quality of the Work covered by the Application is in accordance with the Contract Documents; (iii) there are no liens or claims outstanding or known to exist at the date of the Application; (iv) all due and payable bills with respect to the Work have been paid to date or included in the amount requested in the current Application, and there is no known basis for the filing of any construction liens or claims or any other lien or claim on the Work; (v) the Construction Manager is entitled to payment in the amount requested; (vi) such Application represents a just estimate of cost reimbursable to Construction Manager under the terms of the Contract Documents, and (vii) such Application has not been front-end-loaded either by Construction Manager or, to the best knowledge of the Construction Manager, by any of its Subcontractors (including placing a value on a line item that is in excess of its cost, increasing unit prices on early completed items while decreasing unit prices on later completed ones, and/or inflating the percentage of completion on line items). § 11.1.3.1.2 Intentionally deleted. § 11.1.3.2 Each Application for Payment shall be notarized and provided in the form of AIA Documents G702GMP-2021 and G703CW-2021, or other form the Owner may approve, and shall be itemized by operations completed in accordance with the Schedule of Values that has been submitted by the Construction Manager in accordance with the Contract Documents and approved in writing by the Owner and Architect. All blanks and columns on the forms must be filled in, including every percentage completed figure. § 11.1.3.3 In addition to other required items, each Application for Payment shall be accompanied by the following, all in form and substance satisfactory to the Owner and the Architect and in compliance with Applicable Laws: .1 A duly executed and notarized unconditional partial release of lien and bond claims from the Construction Manager effective through the last date the Owner has paid the Construction Manager; .2 A duly executed and notarized partial release of lien and bond claims from the Construction Manager effective through the date of the Construction Manager’s current Application for Payment (which may be conditioned upon receipt of payment of the amount specified in the partial release of lien and bond claims); .3 An updated list of Subcontractors and suppliers in privity with the Construction Manager; .4 An updated schedule of values (including detailed breakdown of contingency usage), buy-out log and cash flow projections; .5 All new Change Orders executed since the last progress payment and the Change Order Log, including a list of any Change Orders contemplated or under negotiation at the date of such payment request; .6 Copy of monthly progress report (if not previously delivered); .7 An updated construction schedule, including Primavera P6 backup files (.xer format) and PDF files; .8 If reasonably requested by the Owner, a consent to payment from the surety issuing the Performance Bond and Labor and Material Payment Bond; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 24 .9 For the final site Work draw, (a) all as-built drawings and an as-built survey for the site Work, prepared in accordance with ALTA-ACSM standards by a properly licensed surveyor showing the location of all site Work improvements constructed on the Project site and showing the location of all water, sewer, gas and electric lines and mains and all existing utility easements as may be more particularly described in the site plan set for the Project, and (B) copies of all soil reports, compaction reports and tests performed by or obtained by the Construction Manager with respect to the Project site; and .10 Such other information, documentation, and materials as the Owner or the Architect may reasonably require. § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. § 11.1.5 Each Application for Payment shall be based on the most recent Schedule of Values. The Schedule of Values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager’s Fee, contingency, and allowances shall be shown as single separate line items (and, for the avoidance of doubt, all unused allowance amounts shall accrue to the benefit of the Owner). Each item shall show its total scheduled value, value of previous Applications, value of the Application, percentage completed, value completed and value remaining to be completed. Values for materials and equipment stored offsite shall be shown in a separate column. § 11.1.5.1 The Schedule of Values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner or the Architect may require. The Schedule of Values last approved by the Owner shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. If the Schedule of Values is unbalanced, the Construction Manager will, after review and agreement with the Owner, adjust the Schedule of Values accordingly. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 The Construction Manager shall submit to the Owner monthly requests, if any, for use of the contingency, specifying the amount of contingency the Construction Manager requests to use and the justification for such use. No sums may be charged to the contingency except with prior written approval of the Owner, which will not be unreasonably withheld. All unspent contingency shall accrue to the benefit of the Owner and at Final Completion of the Work the Guaranteed Maximum Price shall be reduced by Change Order by the amount of the unspent contingency. The Construction Manager shall reconcile the contingency in the schedule of values monthly. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values. § 11.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives reasonably justified, as provided in Section 7.3.9 of A201–2017; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 25 .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Owner may withhold payment, or the Architect may withhold or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of the A201–2017, and any other amounts properly withheld by the Owner; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Sections 11.1.3.3 and 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five percent (5%). § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) General Conditions Costs and bond and insurance premiums. § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) Not applicable. § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) The Owner may continue withholding as retainage, through Final Completion of the entire work and satisfaction of all conditions precedent to final payment, (a) an amount equal to one hundred fifty percent (150%) of the cost to correct and complete the Work, including items on the Punch List per Section 9.8.4 of the A201-2017, as determined by the Owner, and (b) other amounts the Owner is entitled to withhold. § 11.1.9 Intentionally deleted. § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 26 § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors. The percentage of retainage held on subcontracts shall be the same percentage as withheld from the Construction Manager, unless otherwise agreed to by the Owner and the Construction Manager in writing. The Construction Manager shall execute subcontracts in accordance with the foregoing. Upon mutual written agreement between the Owner and Construction Manager and before Substantial Completion of the entire Work, reduction of retainage or payment in full, including release of applicable retainage, may be made to the Construction Manager for a particular Subcontractor’s Work that is fully and satisfactorily completed, provided that such Subcontractor and the Construction Manager have complied with all applicable requirements for final payment thereof in accordance with the Contract Documents, provided that, in no event, shall retainage withheld by the Owner from the Construction Manager on the remaining Work be reduced below the levels specified in Section 11.1.8.1. Any reduction or release of retainage, or portion thereof, however, shall not be a waiver of (i) any of the Owner’s rights to retainage in connection with other payments to the Construction Manager or (ii) any other right or remedy the Owner has under the Contract Documents, at law or in equity. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Owner or the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Owner or the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager after: .1 the Construction Manager has fully performed the Contract, including all punch list items, except for the Construction Manager’s responsibility to correct Work as provided in Article 12 of the A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment and the Owner’s auditors report has been completed and delivered in accordance with Section 11.2.2.1 below; .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. .4 the Construction Manager has delivered to the Owner final, fully consolidated, accurate and legible As-Built Drawings and Record Documents and the As-Built Survey (each as defined in Section 3.11 of the A201 – 2017) in format specified by the Owner; .5 the Construction Manager has delivered to the Owner a complete list of Subcontractors and principal suppliers on the Project, including addresses and telephone numbers; .6 a permanent Certificate of Occupancy or Temporary Certificate of Occupancy has been issued for the Project by the applicable building authority and the Construction Manager has delivered to the Owner evidence reasonably acceptable to the Owner that the Work has passed all requisite governmental inspections; .7 the Construction Manager has delivered to the Owner all operation and maintenance manuals, permits, and certificates of completion or occupancy, as applicable, material data sheets and third-party warranty documents applicable to the Work; .8 the Construction Manager has delivered to the Owner a properly completed and duly executed and notarized Final Payment Affidavit in statutory form; .9 Intentionally deleted; .10 the Construction Manager has completed its final site cleanup and restoration, including removal of all excess materials, rock, sand, paving and miscellaneous debris, supplies, equipment and trailers; .11 all temporary utilities (if any) are disconnected; .12 the Construction Manager has delivered to the Owner evidence that all training, testing balancing and HVAC commissioning (if applicable) has been completed in accordance with the Contract Documents; .13 the Construction Manager has delivered to the Owner any and all other items required by the Contract Documents, including those items specified in Section 9.10.2 of A201-2017; .14 the Construction Manager has delivered to the Owner the consent to final payment from the surety issuing the Performance Bond and Labor and Material Payment Bond; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 27 .15 the Construction Manager has delivered to the Owner such other information, documentation, and materials as the Owner or the Architect may reasonably require. § 11.2.2 Within thirty (30) days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. § 11.2.2.1 If the Owner elects to conduct an audit of the Cost of the Work, the Owner shall complete such audit within thirty (30) days of its receipt of the Contractor’s final accounting and, within ten (10) days after completion of the audit, shall submit a written report based upon the auditors’ findings to the Architect. § 11.2.2.2 Within seven (7) days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of the A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of the A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within thirty (30) days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this thirty- (30-) day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner, subject to the satisfaction of all other conditions precedent to payment, shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment up to the amount substantiated in the Owner’s auditor’s report as being due and unpaid. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than twenty-five (25) days after receipt of the final Certificate for Payment and the completion or satisfaction of all other conditions precedent to final payment specified in this Section 11.2. § 11.2.4 If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct damaged Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest (Paragraphs deleted) Amounts not paid when due shall accrue interest at the minimum rate promulgated or mandated, as applicable, by Applicable Laws. ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and in Article 15 of A201–2017. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of A201–2017 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the Parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) The Owner’s Representative, as identified in Section 1.1.10 above. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 28 § 12.2 Binding Dispute Resolution It is the intent of the Parties to attempt to resolve any disputes between in an amicable and voluntary matter and avoid the time and expense of formal dispute resolution proceedings. For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ]Arbitration pursuant to Article 15 of AIA Document A201–2017 [ X ]Litigation in a court of competent jurisdiction. In that connection, each of the Parties hereto hereby: (a) irrevocably and unconditionally consents to submit itself to the sole and exclusive personal jurisdiction of the federal or state court located in the state and county where the Project is located (the "Applicable Courts"), (b) waives any objection to the laying of venue of any such litigation in any of the Applicable Courts, (c) agrees not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum and agrees not otherwise to attempt to deny or defeat such personal jurisdiction or venue by motion or other request for leave from any such court, and (d) agrees that such Party will not bring any action, suit, or proceeding in connection with any dispute, claim, or controversy arising out of or relating to this Agreement in any court or other tribunal other than any of the Applicable Courts. THE PARTIES EXPRESSLY AGREE THAT THE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES, SHALL NOT APPLY TO THIS AGREEMENT, ANY CONTRACT OR ANY DISPUTE RELATING TO IT OR THE PROJECT. [ ]Other: (Specify) If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. § 12.3 Jury Trial Waiver To the extent allowed by Applicable Laws, the Owner and the Construction Manager expressly covenant and agree to waive the right to trial by jury in connection with any litigation or judicial proceeding arising from or related to, directly or indirectly, this Agreement, the Contract, or the conduct, omission, action, obligation, duty, right benefit, privilege or liability of a Party. This waiver is intended to and does encompass each instance and each issue as to which the right to a jury trial would otherwise accrue. This waiver shall apply to this Agreement, to any future amendments, supplements or modifications hereto. § 12.4 Joinder Notwithstanding the provisions of Section 12.2 above, in the event that the Owner is made a party to a litigation proceeding in a venue other than the County in which the Project is located, then the Owner may join the Construction Manager in such proceeding and the Construction Manager hereby consents, if requested by the Owner, to its joinder in such proceeding notwithstanding the different venue, provided that the dispute resolution proceeding involves substantially common questions of law or fact. The Construction Manager shall include a substantially similar provision in its agreements with the Construction Manager’s Subcontractors. § 12.5 Attorneys’ Fees In any suit, action, or other proceeding, including arbitration or bankruptcy, arising out of or in any manner relating to the Contract or the Project, including (a) the enforcement or interpretation of either Party’s rights or obligations under the Contract whether in contract, tort, or both, or (b) the declaration of any rights or obligations under the Contract, the prevailing Party, as determined by the court or arbitrator, shall be entitled to recover from the losing Party Attorneys’ Fees. For purposes of this Section, "Attorneys’ Fees" shall mean all reasonable fees and disbursements (including disbursements that would not otherwise be taxable as costs in the proceeding) which are incurred by a Party, including all legal assistants’, paralegals’, law clerks’, and experts’ fees and all fees incurred through all post award or judgment and appellate levels and in connection with arbitration, bankruptcy, and collection proceedings (post judgment and otherwise). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 29 ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven (7) days’ written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven (7) days’ written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven (7) days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven (7) days’ written notice to the Owner, for the reasons set forth in Article 14 of A201–2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work (authorized by the Owner in writing) performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the GMP Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services and any other amounts properly withheld by the Owner. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above and in Section 5.4 of the A201-2017. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs accruing under the subcontract, purchase order or rental agreement, after the date of assignment if those costs would have been reimbursable as Cost of the Work if the Contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this Agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201–2017. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 30 § 13.2.2 Termination by the Owner or Construction Manager for Cause § 13.2.2.1 If the Owner or the Construction Manager terminates the Contract after execution of the GMP Amendment, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, for Construction Phase services and any other amounts properly withheld by the Owner. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above and in Section 5.4 of the A201-2017. § 13.2.3 (Paragraphs deleted) Intentionally deleted. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of A201–2017. In such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Section 14.3.2 of A201–2017. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201–2017. Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither the Owner nor the Construction Manager shall assign the Contract, in whole or in part, without the written consent of the other. If either Party attempts to make an assignment without such consent, such assignment shall be void and the Party attempting to assign the Contract, or portion thereof, shall nevertheless remain legally responsible for all obligations under the Contract. Further, the Construction Manager may not assign rights to recover payments without the Owner’s prior written consent. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing financing for the Project, if the lender agrees to assume the Owner’s rights and obligations thereunder and, as to an affiliate or transferee, provides reasonable evidence that it has made financial arrangements to fulfill the balance of the Owner’s obligations under the Contract. After final payment, the Owner may assign the Contract and its rights under it to anyone, in whole or in part, without the Construction Manager’s consent or any other preconditions or limitations. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the insurance specified in Exhibit B for the duration of the Preconstruction Services performed under this Agreement. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 31 § 14.3.1.1 Intentionally deleted. § 14.3.1.2 Intentionally deleted. § 14.3.1.3 Intentionally deleted. § 14.3.1.4 Intentionally deleted. § 14.3.1.5 Intentionally deleted. § 14.3.1.6 (Paragraphs deleted) Intentionally Deleted (Table deleted) § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include as additional insureds the persons and entities required to be included as additional insureds in Exhibit B for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the additional insureds’ insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide evidence of insurance to the Owner required to be provided by the Construction Manager pursuant to Exhibit B that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, as modified by the Parties and attached hereto as Exhibit B and incorporated herein by reference, and elsewhere in the Contract Documents; provided, however, insurance and bond costs shall not be included in the Cost of the Work for the purposes of calculating the Construction Manager’s Fee. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in Exhibit B, and elsewhere in the Contract Documents. § 14.3.2.2 The Construction Manager shall purchase and maintain insurance as set forth in Exhibit B, including Schedule 1 to Exhibit B. § 14.3.2.3 The Construction Manager shall cause each Subcontractor to procure insurance in accordance with Schedule 2 to Exhibit B, attached hereto, unless otherwise agreed by the Owner in writing. The Construction Manager shall be responsible for managing Subcontractors’ compliance with the insurance requirements of the Contract and maintain evidence of such compliance. § 14.3.2.4 Intentionally deleted. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) Notice may be given as provided in Section 1.6 of the A201-2017. § 14.5 Other provisions: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 32 § 14.5.1 Other Representations and Warranties. The Construction Manager represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement or the Contract, and Final Completion of the Work: (a) that it is authorized to do business in the State in which the Project is located; (b) that its execution of this Agreement and its performance hereof is within its duly-authorized power; and (c) that it is, and throughout the performance of the Work shall remain, financially solvent, able to pay all debts as they mature and possessed of sufficient working capital to complete the Work and perform all obligations hereunder; and, (d)that it possesses a high level of experience and expertise in the business administration, construction and superintendence of projects of the size and nature of the Work and will perform the Work with care, skill and diligence. § 14.5.2 Interpretation. The failure of a Party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of Contract, or to exercise any right therein, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right as respects further performance. In the Contract, unless otherwise expressly provided, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. Unless expressly provided otherwise, in the Contract Documents, the term "including" is not limiting, and the terms "hereof," "herein," "hereunder" and similar terms in the Contract Documents refer to the Contract Documents as a whole and not to any particular provision of the Contract Documents. Each Party, together with their respective legal counsel, has contributed substantially to the preparation of the Contract, and, as such, the Contract shall not be interpreted more favorably against one Party than the other solely upon the basis of which Party actually drafted the Contract. Headings are for convenience only and shall not be used for interpretation of the language in the Contract. § 14.5.3 Additional Site Rules. Smoking is prohibited on the Project site, except in areas, if any, specifically designated for same by the Owner. Neither the Construction Manager, nor any of its personnel or consultants ever shut off any utilities, including power, medical gas and water systems at any time for any reason. For all other utilities, the Construction Manager, its personnel, and consultants shall follow the Owner’s written procedures for shutting off, adjusting, switching, or modifying any utility service. § 14.5.4 Sovereign Immunity. No indemnification provision in the Contract Documents shall act to waive the Owner’s sovereign immunity or impose any liability that would be restricted by sovereign immunity in a non-contractual arrangement. Furthermore, the Owner shall not waive any right it may have to assert sovereign immunity against any claim asserted against, or that could be asserted against, the Owner related to the Project for which the Construction Manager has an indemnification obligation under the Contract. This provision shall survive the termination of this Agreement. § 14.5.5 No Commissions. The Construction Manager warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Construction Manager to solicit or secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Construction Manager any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from any fees due the Construction Manager, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. § 14.5.Public Records. In addition to all other contract requirements as provided by Applicable Laws, the Construction Manager executing this Agreement agrees to comply with public records law. IF THE CONSTRUCTION MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSTRUCTION MANAGER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE OWNER’S CUSTODIAN OF RECORDS, Rosemarie Call, Phone 727-562-4092 or Email: Rosemarie.Call@myclearwater.com, 600 Cleveland Street, Suite 600, Clearwater, FL 33755. The Construction Manager shall: .1 Keep and maintain public records required by the Owner to perform the Construction Manager’s services; .2 Upon request from the Owner’s custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; .3 Ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of the Contract and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 33 following completion of the Contract if the Construction Manager does not transfer the records to the Owner; .4 Upon completion of the Contract, transfer at no cost to the Owner all public records in possession of the Construction Manager or keep and maintain public records required by the Construction Manager to perform its services. If the Construction Manager transfers all public records to the Owner upon completion of the Contract, the Construction Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Construction Manager keeps and maintains public records upon completion of the Contract, the Construction Manager shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner’s custodian of public records, in a format that is compatible with the information technology systems of the Owner. .5 A request to inspect or copy public records relating to the Contract must be made directly to the Owner. If the Owner does not possess the requested records, the Owner shall immediately notify the Construction Manager of the request and the Construction Manager must provide the records to the Owner or allow the records to be inspected or copied within a reasonable time. .6 The Construction Manager hereby acknowledges and agrees that if the Construction Manager does not comply with the Owner’s request for records, the Owner shall enforce the Contract provisions in accordance with the Contract. .7 If the Construction Manager fails to provide the public records to the Owner within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes. .8 If a civil action is filed against Construction Manager to compel production of public records relating to a this Contract, the court shall assess and award against the Construction Manager the reasonable costs of enforcement, including reasonable attorney fees, if: (1) the court determines that the Construction Manager unlawfully refused to comply with the public records request within a reasonable time; and (2) at least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Construction Manager has not complied with the request, to the Owner and the Construction Manager. .9 A notice complies with Section 14.5.8(2). if it is sent to the Owner’s custodian of public records and to the Construction Manager at the Construction Manager’s address listed on this Contract or to the Construction Manager’s registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. .10 If the Construction Manager complies with a public records request within eight (8) business days after the notice is sent, the Construction Manager shall not be liable for the reasonable costs of enforcement. § 14.5.7 For the avoidance of doubt, the Work shall include all services, work, materials, labor, equipment and other items necessary to provide for all temporary and permanent connections of the Project to Existing Facilities to the extent indicated on the Contract Documents as applicable and the Construction Manager shall use best efforts to minimize the impacts of the Work to the operations of Existing Facilities. § 14.5.8 Convicted Vendor List. By its execution of this Agreement, the Construction Manager acknowledges that it has been informed by the Owner of the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. § 14.5.9 Public Entity Crimes. The Construction Manager must notify the Owner within thirty (30) days after a conviction of a public entity crime applicable to the Construction Manager or to any employee, consultant or affiliate of the Construction Manager providing services on any Project for the Owner. § 14.5.10 No Conflicts of Interest. The Construction Manager represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 34 hereunder or under any Contract with the Owner. The Construction Manager further represents that no persons having any such interest shall be employed to perform those services. § 14.5.11 Non-discrimination. Construction Manager represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Construction Manager and Construction Manager’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement. § 14.5.12 Discriminatory Vendor List. Consistent with Section 287.134, Florida Statutes, the Construction Manager or any consultant or affiliate of the Construction Manager, who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to the Owner; may not submit a bid, proposal, or reply on a contract with the Owner for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to the Owner; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Owner; and may not transact business with the Owner. § 14.5.13 Intentionally Deleted. § 14.5.14 Truth-In-Negotiation Certificate. At the time this Agreement is executed, the Construction Manager shall sign and deliver to the Owner a Truth-In-Negotiation Certificate in the form attached hereto and made a part hereof as Exhibit I. The Construction Manager’s compensation shall be adjusted to exclude any sums by which the Owner reasonably determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within one (1) year following the completion or earlier termination of this Agreement. § 14.5.15 E-Verify. The Construction Manager shall, and shall require its Subcontractors to, register with and use the E-Verify system operated by the United States Department of Homeland Security to verify the work authorization status and employment eligibility of all newly hired employees, including each employee hired on or after January 1, 2021 and each contract employee upon the renewal or extension of his or her contract. Additionally, the Construction Manager shall require each of its Subcontractors to provide an affidavit stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien, and shall maintain copies of all such affidavits and make them available to the Owner promptly upon the Owner’s request. § 14.5.16 Drug-Free Workplace. The Construction Manager is hereby advised that the Owner has adopted a policy establishing a drug-free workplace for itself and those doing business with the Owner to ensure the safety and health of all persons working on Owner contracts and projects. The Construction manager will require a drug-free workplace for all Construction Manager personnel and any personnel of the Construction Manager’s Subcontractors, sub-subcontractors and suppliers working under this Agreement. Specifically, all Construction manager personnel who are working under this Agreement must be notified in writing by the Construction Manager that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace. The Construction Manager agrees to prohibit the use of intoxicating substances by all Construction Manager personnel and all personnel of the Construction Manager’s Subcontractors, sub-subcontractors and suppliers and will ensure that such personnel do not use or possess illegal drugs while in the course of performing their duties. § 14.5.17 Federal and State Immigration Laws. Construction Manager agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the Owner and its agents to inspect applicable personnel records to verify such compliance as permitted by Applicable Laws. Construction Manager will ensure and keep appropriate records to demonstrate that all Construction Manager personnel have a legal right to live and work in the United States. .1 As applicable to Construction Manager, under this provision, Construction Manager hereby warrants to the Owner that Construction Manager and each of its Subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees (hereinafter "Contractor Immigration Warranty"). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 35 .2 A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Construction Manager to penalties up to and including termination of this Agreement at the sole discretion of the Owner. .3 The Owner retains the legal right to inspect the papers of all Construction Manager personnel who provide services under this Agreement to ensure that Construction Manager and its Subcontractors are complying with the Contractor Immigration Warranty. Construction Manager agrees to assist the Owner in regard to any such inspections. .4 The Owner may, at its sole discretion, conduct random verification of the employment records of Construction Manager and all Subcontractors to ensure compliance with the Contractor Immigration Warranty. Construction Manager agrees to assist the Owner in regard to any random verification performed. .5 Neither Construction Manager nor any Subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Construction Manager or the Subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act. § 14.5.18 Sales/Use Tax, Other Taxes. Construction Manager is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Construction Manager’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Construction Manager or Construction Manager’s employees an employee of the Owner or should otherwise claim the Owner is liable for the payment of taxes that are Construction Manager’s responsibility under this Agreement, Construction Manager will indemnify the Owner for any tax liability, interest, and penalties imposed upon the Owner, except for any tax liability resulting from Direct Purchase Materials procured directly by the Owner. The Owner is exempt from paying state and local sales/use taxes and certain federal excise taxes and will furnish an exemption certificate upon request. § 14.5.19 Audits and Records. Construction Manager must preserve the records related to this Agreement for five (5) years after completion of the Agreement. The Owner or its authorized agent reserves the right to inspect any records related to the performance of Work specified herein. In addition, the Owner may inspect any and all payroll, billing or other relevant records kept by Construction Manager in relation to the Agreement. Construction Manager will permit such inspections and audits during normal business hours and upon reasonable notice by the Owner. The audit of records may occur at Construction Manager’s place of business or at the Owner’s offices, as determined by the Owner. § 14.5.20 Background Check. The Owner may conduct criminal, driver history, and all other requested background checks of Construction Manager personnel who would perform services under the Agreement or who will have access to the Owner’s information, data, or facilities in accordance with the Owner’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by Applicable Laws. § 14.5.21 Security Clearance and Removal of Contractor Personnel. The Owner will have final authority, based on security reasons: (i) to determine when security clearance of Construction Manager personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Construction Manager personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the Owner objects to any Construction Manager personnel for any reasonable cause not prohibited by Applicable Laws, then Construction Manager will, upon notice from the Owner, remove any such individual from performance of services under this Agreement. To the extent that the requirements for clearance were not provided in advance of the execution of a GMP Amendment for which such Work included in the GMP Amendment requires clearance of Construction Manager’s personnel, the Construction Manager shall be entitled to a Change Order for an equitable adjustment to the GMP to the extent permitted by Article 7 of the A201. § 14.5.22 Use of Name. Construction Manager will not use the name of the City of Clearwater in any advertising or publicity without obtaining the prior written consent of the Owner. § 14.5.23 Trench Safety Act. Construction Manager shall comply with the provisions of the City of Clearwater’s Ordinance related to trench digging (Ordinance No. 7918-08) along with the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes) and the provisions of the Occupational Safety and Health Administration’s (OSHA) excavation safety standards, 29 C.F.R.s 1926.650 Subparagraph P, or current revisions of these laws. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 36 § 14.5.24 Construction Site Erosion and Sediment Control Management Measures. Construction Manager shall comply with the provisions of the Environmental Protection Agency (EPA) National Pollution Discharge Elimination System (NPDES) stormwater permit and implement stormwater pollution prevention plans (SWPPP’s) or stormwater management programs (both using best management practices (BMPs) that effectively reduce or prevent the discharge of pollutants into receiving waters. The control of construction-related sediment loadings is critical to maintaining water quality. The implementation of proper erosion and sediment control practices during the construction stage can significantly reduce sediment loadings to surface waters. Prior to land disturbance, Construction Manager shall execute and implement an approved erosion and sediment control plan or similar administrative document that contains erosion and sediment control provisions. NPDES Management Measures available at City of Clearwater Engineering Environmental Division and EPA websites to help address construction-related Best Management Practices. § 14.5.25 Roll-Off Containers and/or Dumpsters. All Owner construction projects shall utilize City of Clearwater Solid Waste roll-off containers and/or dumpsters for their disposal and hauling needs. For availability or pricing, contact City of Clearwater, Solid Waste Department, by phone: (727) 562-4929. § 14.5.26 Project Information Signs. The Owner desires to inform the general public on the Owner’s use and expenditure of public funding for general capital improvement and maintenance projects. To help accomplish this purpose, the Construction Manager is required to prepare and display public project information signs during the full course of the Project. These signs will be displayed at all location(s) of active work. Payment to Construction Manager for the preparation, installation and management of Project sign(s) shall be included in the Cost of the Work. .1 Project Sign, Fixed or Portable. Sign type shall be "fixed" on stationary projects and "portable" on projects which have extended locations or various locations. The particular wording to be used on the signs will be determined after contract award has been approved. Construction Manager will be provided the wording to be used on signs during the Construction Phase. .2 Fixed Signs. Fixed signs shall be 4-foot by 6-foot (4’x6’) in size. Sign material shall be Aluminum DIBOND or exterior grade plywood with a minimum thickness of 1/2-inches painted white on both sides with exterior rated paint. Sign shall be attached to a minimum of two (2) 4-inch by 4-inch (3½"x3½") below grade pressure treated (P.T.) wooden posts and braced as necessary for high winds. Posts shall be long enough to provide secure anchoring in the ground. Bottom of sign must be a minimum of 24-inches above the ground. Alternate mounting system or attachment to fencing or other fixed structure can be considered for approval. .3 Portable Signs. Portable signs shall be a minimum of 24-inches by 30-inches (24"x30") in size and will be attached to a standard sized portable traffic barricade. Sign material shall be aluminum, 0.080-inches or thicker, background of white reflective sheeting, and shall be silkscreen or vinyl lettering. Portable sign shall be two signs located and attached to each side of the traffic barricade. .4 Sign Coloring. Background shall be white. Project Descriptive Name shall be in blue lettering. All other lettering shall be black. Basic lettering on sign shall be in all capital letters, of size proportional to the sign itself. Each sign shall depict the Owner’s logo. The Owner shall provide the appropriate electronic logo file(s) to the Construction Manager. .5 Sign Placement. Signs shall be placed where they are readily visible by the general public which pass by the Project site. Signs are not to be placed where they may become a hazard or impediment to either pedestrian or vehicular traffic. For construction projects outside of the Owner’s right-of-way, the signs will be placed on the Project site. For projects constructed inside of the Owner’s right-of-way, the signs will be placed in the right-of-way. Portable signs are to be moved to the locations of active work on the Project. Multiple portable signs will be necessary where work is ongoing in several locations at the same time. Fixed signs are to be placed at the start of construction and will remain in place until the request for final payment. .6 Sign Maintenance. The Construction Manager is responsible for preparation, installation, movement, maintenance, replacement, removal, and disposal of all Project signs during the full course of the Work. The Construction Manager will place and secure portable signs from dislocation by wind or other actions. Signs are to be cleaned as necessary to maintain legibility and immediately replaced if defaced. .7 Typical Project Sign. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 37 ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 This modified AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133™-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133™–2019, Exhibit B, Insurance and Bonds .4 The modified AIA Document A201™–2017, General Conditions of the Contract for Construction attached hereto as Exhibit C .5 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Not applicable. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 38 .6 Other Exhibits: (Check all boxes that apply.) [ ]AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) Not applicable. [ ]Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit D – Owner’s Preliminary Program Exhibit E – Schedule of Key Personnel Exhibit F – Schedule of General Conditions Costs Exhibit G – Form of Purchase Order for Direct Purchase Materials Exhibit H – Not Used Exhibit I - Truth-In-Negotiation Certificate Exhibit J – Public Construction Bond Exhibit K – Consent of Surety to Final Payment Exhibit L – Non-Collusion Affidavit Exhibit M – Scrutinized Companies Forms Exhibit N – Verification of Employment Eligibility Exhibit O – Pinellas County Construction Licensing Board Certifications/FDBPR Licenses Exhibit P – City of Clearwater Technical Specifications Exhibit Q – City of Clearwater Greenprint 2.0 Requirements Exhibit R – City Hall Preconstruction Fee Breakdown Exhibit S – MSB Renovation Preconstruction Fee Breakdown In the event of conflicts or discrepancies among the Contract Documents, the Construction Manager shall proceed with the Work that is unaffected by the conflict or discrepancy and interpretations of the conflict will be based upon the following Contract Documents, which are set forth and ranked in order of precedence: (a) Duly executed Modifications, including the GMP Amendment for a given Project, if agreed to and executed by the Owner and the Construction Manager, Change Orders and Construction Change Directives with those of a later date having precedence over those of an earlier date; (b) The Agreement, not including the Exhibits, which are addressed below; (c) The A201-2017, attached hereto as Exhibit C; (d) The other Exhibits to the Agreement, with more stringent requirements thereof taking precedence over any less stringent requirements, such that in the event of conflicts the Construction Manager shall provide the higher level of service or quality of materials that has been specified; and (e) All other Contract Documents, if any. § 15.3 Each of the individuals executing this Agreement represent and warrant that hde or she has been duly authorized by the respective Party on whose behalf he or she is executing this Agreement to execute this Agreement on such Party’s behalf and that once executed by him or her, this Agreement shall be valid and binding upon such Party. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 39 § 15.4 This Agreement may be signed in counterparts, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of execution and delivery of this Agreement, a document signed and transmitted by: (i) emailed PDF scan, or (ii) by electronic signature using DocuSign or other similar technology, shall be treated as an original document. The signature of either Party on an emailed PDF scanned version of this Agreement or a copy of this Agreement signed by electronic signature using DocuSign or other similar technology shall be considered as an original signature and the document transmitted shall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, any PDF scanned document or document signed using DocuSign or other similar technology shall be re-executed by both Parties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology or the fact that any signature was transmitted by email as a defense to the enforcement of this Agreement. This Agreement is entered into as of the day and year first written above. CITY OF CLEARWATER, a Florida Municipal Corporation AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company OWNER (Signature)CONSTRUCTION MANAGER (Signature) William P. Byrne , CEO (Printed name and title)(Printed name and title) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BD Attest:Approved as to form: Rosemarie Call, City Clerk Brian J. Aungst, Sr., Mayor David Margolis, City Attorney DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 40 Exhibit A GMP Amendment (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Document A133® – 2019 Exhibit A Guaranteed Maximum Price Amendment Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This Guaranteed Maximum Amendment (this "Amendment") dated the _____ day of _______________ in the year 202___, is incorporated into the accompanying AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the _____ day of December in the year 2023 (the "Agreement") (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) New City Hall South Myrtle Avenue and Pierce Street, Clearwater, Florida 33756 THE OWNER: (Name, legal status, and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE CONSTRUCTION MANAGER: (Name, legal status, and address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS A.5 MISCELLANEOUS PROVISIONS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Sections 3.2.1.1 and 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price for that certain Project Segment referred to as " " (the " Project Segment"), which Project Segment is further described in the exhibits attached hereto and incorporated herein by reference. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed, as specified below in Section A.1.1.1. The Contract Sum for the Project Segment consists of the Cost of the Work (as that term is defined in Article 7 of the Agreement) for the Project Segment plus the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 2 Construction Manager’s Fee thereon at the rate specified in Section 6.1.2 of the Agreement. By executing this Amendment and furnishing the Owner with a Guaranteed Maximum Price and a construction schedule, the Construction Manager represents and warrants that the Contract Documents, including the Drawings and Specifications, as well as other materials, and information furnished the Construction Manager as of the date of this Amendment have described the scope, construction requirements, and design intent of the Work in detail sufficient to enable the Construction Manager to establish the Guaranteed Maximum Price, Contract Time and the construction schedule for the Project Segment. To the extent that the Drawings and Specifications designate further development, the Construction Manager has provided in the Guaranteed Maximum Price for the Project Segment for such further development consistent with the Contract Documents and reasonably inferable therefrom. Capitalized terms used but not defined herein shall have the meaning given to them in the Agreement or other Contract Documents referenced therein. The Construction Manager further represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents) as an inducement to the Owner to execute this Amendment, which representations and warranties shall survive the execution and delivery of this Amendment, any termination of this Agreement or the Contract, and Final Completion of the Work: (a) it is, and to the best of its knowledge after reasonable inquiry, its Subcontractors are, properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Project; (b) that it is able to furnish the tools, materials, supplies, equipment and labor required to complete the Work and perform its obligations hereunder and has sufficient experience and competence to do so; (c) that, prior to the execution of this Amendment, it has obtained and carefully studied the geotechnical report for the Project site and all other reports of explorations and tests of surface and subsurface conditions at the Project site and drawings of physical conditions in or relating to existing surface and subsurface structures which are at or contiguous to the Project site made available to it by the Owner (collectively, the "Geotechnical Report"); (d) that it has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities (as defined in Section 3.2.2.1 of the A201-2017) at or contiguous to the Project site and assumes responsibility for the accurate location of said Underground Facilities; and (e) it has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents and by executing the GMP Amendment shall be deemed to have acknowledged that such information is all that is necessary for the performance or furnishing of the Work at the Guaranteed Maximum Price, within the Contract Time and in accordance with all other terms and conditions of the Contract Documents, provided that such activities are performed to the best of Construction Manager’s ability as a licensed general contractor experienced with projects similar in nature and complexity to the Project and not as a licensed architect or engineer. § A.1.1.1 The Contract Sum for the Project Segment is guaranteed by the Construction Manager not to exceed __________ Dollars ($ __________ ), subject to additions and deductions by Change Order or Construction Change Directive as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price for the Project Segment organized by trade categories, including allowances; the Construction Manager’s contingency; alternates; the Construction Manager’s Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) See Exhibit 2, attached hereto and incorporated herein by reference. § A.1.1.3 The Construction Manager’s Fee for the Project Segment is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager’s Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates for the Project Segment, if any, included in the Guaranteed Maximum Price: Item Price DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 3 § A.1.1.5.2 Subject to the conditions noted below, the following alternates for the Project Segment may be accepted by the Owner following execution of this Amendment. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § A.1.1.6 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § A.1.1.7 The Guaranteed Maximum Price includes the Construction Manager’s contingency for the Project Segment (as described in Section 3.2.4 of the Agreement) in the amount of: __________ Dollars ($__________). ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ]The date of execution of this Amendment. [ X ]Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) The date of commencement of the Work shall be the later of the following (i) the date specified in the Owner’s written notice to proceed to the Construction Manager and (ii) the Construction Manager records the payment and performance bonds required by Section B.3.4 of Exhibit B and provides the Owner with a certified copy of same. If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time for the Project Segment shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work of the Project Segment: (Check one of the following boxes and complete the necessary information.) [ ]Not later than ( ) calendar days from the date of commencement of the Work. [ ]By the following date: § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 4 Portion of Work Substantial Completion Date § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment for the Project Segment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See the Index of Drawings and Specifications attached hereto as Exhibit 1. The drawings and specifications themselves that are listed in the index are the "Drawings" and "Specifications" and are incorporated into this Amendment by reference. Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner’s Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s and Construction Manager’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Other identifying information: § A.3.1.5 Allowances for the Project Segment, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price See Exhibit 4. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 5 § A.3.1.6 Assumptions and clarifications for the Project Segment, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption and clarification.) See Exhibit 5. Notwithstanding any description of proposed construction means, methods, techniques, sequences or procedures or safety procedures, safety precautions or programs in connection with the Work specified in Exhibit 5 or elsewhere in the Contract Documents, in no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work. § A.3.1.7 The Guaranteed Maximum Price for the Project Segment is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) The initial construction schedule required by Section 3.3.2.2 of the Agreement is attached hereto as Exhibit 7. The Construction Manager hereby confirms that, as of the date of the full execution and delivery of this Amendment, to the best of the Construction Manager’s knowledge, information and belief, there is no basis for an extension of the Contract Time. The updated list of Key Personnel attached hereto as Exhibit 8 and incorporated herein by reference, as required by Section 3.2.3.11 of the Agreement. The Construction Manager’s Logistics Plan attached hereto as Exhibit 9 and incorporated herein by reference in accordance with Section 3.2.3.9 of the Agreement. ARTICLE A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) ARTICLE A.5 MISCELLANEOUS PROVISIONS § A.5.1 Each of the individuals executing this Amendment represent and warrant that he or she has been duly authorized by the respective Party on whose behalf he or she is executing this Amendment to execute this Amendment on such Party’s behalf and that once executed by him or her, this Amendment shall be valid and binding upon such Party. § A.5.2 This Amendment may be signed in counterparts, each of which when executed and delivered shall be deemed to be an original and all of which, taken together, shall be deemed to be one and the same instrument. For purposes of execution and delivery of this Amendment, a document signed and transmitted by: (i) emailed PDF scan, or (ii) by electronic signature using DocuSign or other similar technology, shall be treated as an original document. The signature of either Party on an emailed PDF scanned version of this Amendment or a copy of this Amendment signed by electronic signature using DocuSign or other similar technology shall be considered as an original signature and the document transmitted shall be considered to have the same binding legal effect as if it were originally signed. At the request of either Party, any PDF scanned document or document signed using DocuSign or other similar technology shall be re-executed by both Parties in original form. Neither Party may raise the use of emailed PDF scan or DocuSign or other similar technology or the fact that any signature was transmitted by email as a defense to the enforcement of this Amendment. § A.5.3 This Amendment, once duly executed by the Owner, shall constitute the Owner’s written Notice to Proceed with the Construction Phase of the Work of the Project Segment. § A.5.4 To the extent the Construction Manager has performed Work within the scope of this Contract before execution of this Amendment all rights and liabilities of the Parties for performance of the prior Work are merged and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 6 included within and shall be governed by the terms and conditions of this Amendment. All compensation paid for prior Work performed by or on behalf of the Construction Manager related to the Project is included in the Contract Sum. § A.5.5 Policies and Procedures. The Construction Manager shall at all times comply, and the Construction Manager shall ensure that all of the Work at all times complies, with the Owner’s policies and procedures which have been provided by the Owner to the Construction Manager prior to or with this Amendment. While at any or on any of the Owner’s premises, the Construction Manager’s and Subcontractors’ employees, personnel, agents, shall comply with all lawful and reasonable requests, standard rules, and regulations of the Owner communicated to the Construction Manager regarding personal and professional conduct, including any security or privacy requirements, and shall otherwise conduct themselves in a businesslike manner. The Construction Manager shall not act (nor permit any omission) or provide Work in a manner which would be disruptive to the Owner, or which would jeopardize the health or safety of any person. The Construction Manager shall not engage in any verbal or physical conduct that adversely affects any person, or any disruptive behavior that interferes with any person’s ability to work in at the Owner’s premises or with any person providing administrative, maintenance, or other services of any kind to, for, or on behalf of the Owner, whether such person is an employee or a contractor. In addition, the Construction Manager shall reasonably assist the Owner in maintaining compliance with all professional and ethical requirements and standards established by applicable federal, state, and local licensing or accrediting agencies and bodies and professional associations, including assistance in achieving and maintaining accreditation, certification and/or any licensure applicable, in whole or in part, to the items or services provided by the Construction Manager. This Amendment to the Agreement entered into as of the day and year first written above. CITY OF CLEARWATER, a Florida Municipal Corporation AJAX BUILDING COMPANY, LLC, a Florida Limited Liability Company OWNER (Signature)CONSTRUCTION MANAGER (Signature) (Printed name and title)(Printed name and title) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 7 Exhibit 1 to GMP Amendment Index of Drawings and Specifications AN INDEX OF THE DRAWINGS AND SPECIFICATIONS HAS BEEN PROVIDED IN THIS EXHIBIT FOR EXPEDIENCY. HOWEVER, THE DRAWINGS AND SPECIFICATIONS THEMSELVES THAT ARE LISTED THEREIN ARE THE "DRAWINGS" AND "SPECIFICATIONS" AND ARE INCORPORATED INTO THIS AMENDMENT BY REFERENCE. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 8 Exhibit 2 to GMP Amendment GMP Breakdown DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 9 Exhibit 3 to GMP Amendment Alternates DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 10 Exhibit 4 to GMP Amendment Allowances DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 11 Exhibit 5 to GMP Amendment Assumptions and Clarifications DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 12 Exhibit 6 to GMP Amendment Not Used DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 13 Exhibit 7 to GMP Amendment Construction Schedule DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 14 Exhibit 8 to GMP Amendment Key Personnel DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:33:27 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1365726022) 15 Exhibit 9 to GMP Amendment Logistics Plan ORLDOCS 20767802 13 57165.0001 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 41 Exhibit B Insurance and Bonds (See attached) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Document A133® – 2019 Exhibit B Insurance and Bonds Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the _____ day of December in the year 2023, (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 THE OWNER: (Name, legal status, and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Ajax Building Company, LLC, a Florida limited liability company 109 Commerce Boulevard Oldsmar, Florida 34677 TABLE OF ARTICLES B.1 GENERAL B.2 OWNER’S INSURANCE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER’S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager’s request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 2 § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § B.2.3 Required Property Insurance § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion. This coverage shall not extend to any of the Construction Manager’s, Subcontractors’ or Sub-subcontractor’s vehicles, mobile equipment, tools or items of personal property and shall not respond or provide coverage for the loss of use of these items. The Construction Manager shall make its own arrangements for any insurance it may require on such vehicles, mobile equipment, tools and other similar items. Any such policy obtained by the Construction Manager under this Section shall include a waiver of subrogation in accordance with the requirements of Section 11.3 of the A201-2017. This insurance shall include the interests of mortgagees as loss payees. This insurance shall name the Owner and the Construction Manager as named insureds, and the Subcontractors and all tier Sub-subcontractors in the Project shall be additional insureds. The insured status of Construction Manager, Subcontractors and all tier Sub-subcontractors shall not be modified by the phrase "as their interests may appear" or other any language which could restrict an insured’s coverage to only that of its interest in the Project. § B.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance may provide, at the Owner’s election in its sole discretion, coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Cause of Loss Sub-Limit § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Construction Manager’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § B.2.3.1.3 Intentionally deleted § B.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section B.2.3 is subject to deductibles or self-insured retentions, the Owner shall pay costs not covered because of such deductibles or self-insured retention, unless the loss is caused by the negligent, reckless or intentionally wrongful acts or omissions of the Construction Manager, or any of the Construction Manager’s Subcontractors, suppliers, or agents of any tier or their respective employees, in which event the Construction Manager shall be responsible for the payment of such deductibles or self-insured retentions up to Twenty-Five Thousand Dollars ($25,000.00) per loss or damage. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 3 coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure against direct physical loss or damage from the causes of loss identified in Section B.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ ]§ B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ B.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ ]§ B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 4 engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ ]§ B.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS § B.3.1 General § B.3.1.1 Evidence of Insurance. Upon the Owner’s reasonable request, including, without limitation, in the event of a claim under policies, the Construction Manager shall provide to the Owner true and complete copies of the required policies and of any other policies maintained by the Construction Manager for which the Construction Manager seeks reimbursement as part of the Cost of the Work , including all endorsements thereto, or, if acceptable to the Owner, certificates of insurance, declarations pages and additional insured endorsements, or certificates of insurance acceptable to the Owner. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3.1. The certificates will show the Indemnitees as an additional insured on the Construction Manager’s Commercial General Liability and excess or umbrella liability policy or policies. These certificates and the insurance policies required by the Contract Documents shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days’ prior written notice has been given to the Owner, provided only ten (10) days’ prior written notice shall be required for cancellation for nonpayment of premium. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Construction Manager to the Owner with reasonable promptness. The Owner’s failure to demand or inspect a policy or other evidence of insurance, and/or the Owner’s failure to identify or object to any discrepancy therein, is not a waiver of any requirement contained in the Contract. The obligation to procure and maintain insurance required by this Exhibit is a separate responsibility of the Construction Manager an independent of its duty to furnish a certified copy or certificate of such insurance policies. Should the Construction Manager fail to deliver the evidence of insurance required by the Contract Documents when so required, the Owner may, and the Construction Manager hereby authorizes the Owner to, obtain from the Construction Manager’s insurance carriers the required evidence of insurance coverage. § B.3.1.2 Deductibles and Self-Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. Any deductibles or self-insured retentions shall be subject to the Owner’s approval, and the Construction Manager shall be solely responsible for the payment of all deductibles and self-insured retentions. The coverage afforded to the Additional Insureds under the policies required of the Construction Manager shall not be conditioned on the payment of any deductible or self-insured retention. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 5 § B.3.1.3 Additional Insured Obligations. The Indemnitees (as defined in the A201 – 2017) and such other parties as the Owner may designate and to which the Construction Manager agrees, such agreement not to be unreasonably withheld, (collectively, the "Additional Insureds") shall be named as additional insureds under the Construction Manager’s commercial general liability, comprehensive automobile liability, and excess/umbrella liability policies. Each policy, including the excess/umbrella liability policy, shall be endorsed to state that the insurance provided to the Additional Insureds is primary and non-contributory to any other insurance (including primary, excess, self-insurance, or on any other basis) available to the Additional Insureds. The coverage provided to the Additional Insureds must be at least as broad as that provided to the first named insured on each policy. The additional insured endorsement must include coverage for any liability arising out of any operations, including Products and Completed Operations, with no exclusions or restrictions to on-going operations In the event that any policy provided in compliance with the Contract states that the coverage provided to an Additional Insured shall be no broader than that required by contract, or words of similar meaning, the Parties agree that this Contract shall require coverage for Additional Insureds at least as broad as that provided to the first named insured on each policy. Additional insured status must be provided on forms of endorsement specified in Schedule 1 hereto. If the Construction Manager fails to purchase and maintain any insurance required by the Contract Documents, the Owner may but shall not be obligated to, upon three (3) days prior written notice to the Construction Manager, purchase such insurance on behalf of the Construction Manager and shall be entitled to be reimbursed by the Construction Manager upon demand. § B.3.2 Construction Manager’s Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the types and limits of insurance specified in Schedule 1 and elsewhere in the Contract Documents, and shall cause its Subcontractors to purchase and maintain the types and limits of insurance specified in Schedule 2 and elsewhere in the Contract Documents from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager and its Subcontractors shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) For such longer periods as are specified in Schedule 1 or Schedule 2 attached hereto with respect to particular coverages § B.3.2.2 Intentionally deleted (Paragraphs deleted) § B.3.3 Construction Manager’s Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) See Schedule 1 and Schedule 2, attached hereto and incorporated herein by reference. § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 except to the extent provided below. The Construction Manager shall disclose to the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 6 Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below: (Where the Construction Manager’s obligation to provide property insurance differs from the Owner’s obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) [ ]§ B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. [ ]§ B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. [ ]§ B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide performance and payment bonds compliant with Florida Statutes, including, without limitation, Section 255.05, Florida Statutes, and otherwise in form and substance acceptable to the Owner and, without limitation, complying with the following specific requirements. .1 Bonds shall name the Owner as obligee; .2 Bonds shall be executed by a responsible surety licensed in the State in which the Project is located, with a Best’s rating of no less than A/X, and shall remain in effect for a period not less than the applicable statute of limitations period; .3 The penal sum of the Performance Bond and Payment Bond shall equal the Guaranteed Maximum Price specified in the GMP Amendment and adjust automatically commensurate with subsequent adjustments in the Guaranteed Maximum Price via Modification; .4 The attorney-in-fact who executes the bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney; .5 Every bond under this Subsection must display the Surety Bond Number; (Table deleted) .6 The bonds must provide that the surety is obligated to the obligee for the payment of liquidated damages to the same extent that the Construction Manager is obligated under the Contract; .7 Any increase in the GMP that exceeds ten percent (10%) in the aggregate shall require a rider to the bonds increasing the penal sums accordingly; up to such ten percent (10%), the penal sum of the bond shall automatically adjust; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 7 .8 Each bond shall include the following language or substantially similar language acceptable to the Owner: (a) the surety hereby agrees that it consents to and waives notice of any addition, alteration, omission, change, or other modification of the Contract Documents; (b) the surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Construction Manager shall automatically increase the obligation of the surety on the bond and notice to the surety is not required for such increased obligation; (c) any addition, alteration, change, extension of time, or other modification of the Contract Documents, or a forbearance on the part of the Owner or of the Construction Manager to the other, shall not release the surety of its obligations hereunder, and notice to the surety of such matters is hereby waived; and (d) the surety agrees that it is obligated under the bonds to any successor, grantee, or assignee of the obligee. § B.3.5 Subcontractor Bonds The Construction Manager shall, with the Owner’s prior written approval, require Subcontractors to procure and maintain payment and performance bonds naming the Construction Manager as an obligee and the Owner as an additional obligee thereunder. ARTICLE B.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: See Schedule 1, Schedule 2, and Schedule 3 attached hereto and incorporated herein by reference. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 8 Schedule 1 Schedule of Insurance Requirements (Construction Manager) A. Construction Manager’s Insurance. The Construction Manager, shall purchase and maintain, the following insurance without interruption from the date of commencement of the Work until the date of Final Completion and for the additional periods specified herein: 1.Commercial General Liability insurance on an "occurrence" basis for bodily injury and property damage that may arise out of or result from the Construction Manager’s operations and completed operations under the Agreement, whether such operations be by the Construction Manager or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Claims Made Commercial General Liability policies will not be accepted. Such insurance shall include each of the following: (a) At a minimum, the following limits and coverages: (i) not less than $2,000,000 each occurrence (ii) not less than $2,000,000 personal and advertising injury (iii) not less than $5,000,000 general aggregate (reinstated annually) (iv) not less than $5,000,000 products-completed operations aggregate (v) not less than $500,000 Damage to Rented Premises (vi) not less than $300,000 Fire Legal Liability Occurrence / annual aggregate (vii) not less than $10,000 Medical Expense (any one person) (b) Coverage for ongoing operations, premises/operations, independent contractors, underground, explosion and collapse (XCU) (for trades with trenching or excavation activities within their scope of work), and any persons or entities performing work on behalf of the Construction Manager. (c) Products and completed operations coverage, which coverage shall be maintained in effect for 10 years from final completion of the Project or for a period equivalent to the statute of repose for the state in which the Project is located, whichever is shorter. Provisions excluding products and completed operations, or those that limit completed operations coverage to ongoing operations only, will be unacceptable. (d) The Commercial General Liability insurance policy must be endorsed to state that general aggregate limits apply per project. (e) Contractual liability coverage to the same or greater extent as covered under ISO commercial general liability coverage form CG 00 01 10 01. (f) Contain a severability or separation of insureds clause. (g) Include CGL policy Additional Insured Endorsement that includes Ongoing and Completed Operations on Form CG 2010 11 85 or Form CG 2010 10 01 and CG 2037 10 01 edition, or an equivalent endorsement acceptable to the Owner, naming the Indemnitees as additional insureds. (h) Provide that such insurance is primary and non-contributing to any insurance maintained by the additional insureds. (i) NO limitation of the ISO standard "insured contract" exception to the contractual liability exclusion. (j) NO exclusion or limitation of coverage for injury to employees or independent contractors other than that contained in the standard coverage ISO form. Include insured contract coverage, including indemnity for damages or injuries to the Construction Manager’s employees and shall not exclude any Additional Insured claims pertaining to damages or DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 9 injuries to the Construction Manager’s employees. (k) NO limitation of the ISO standard "occurrence" definition. (l) NO conditions on coverage based on any insured’s compliance with risk transfer mechanisms through insurance, indemnity clauses, or otherwise. (m) NO form of exclusion of subcontracted work, and no deletion of or modification to the subcontractor exception to the "damage to your work" exclusion. (n) No exclusion or restriction of coverage for the following: (i) Claims by an insured against another insured; (ii) Cross suits or cross-liability; (iii) Claims for property damage to the Construction Manager’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor; (iv) Claims for bodily injury other than to employees of the insured; (v) Claims for indemnity under Section 3.18 of the A201 - 2017 arising out of injury to employees of the insured; (vi) Claims or loss excluded under a prior work endorsement or other similar exclusionary language; (vii) Claims related to roofing, if the Work involves roofing; (viii) Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces; however, it being understood that the Drawings and Specifications are not anticipated to require such systems but, to the extent they are included in the Drawings and Specifications, the Contractor shall be entitled to an equitable adjustment in the GMP to the extent the Owner requires such coverage, provided that an exclusion for application of EIFS over wood frame construction shall be permitted if the Work does not include application of EIFS over wood frame construction; (ix) Claims related to earth subsidence or movement, if the Work involves such hazards; (x) Claims related to explosion, collapse and underground hazards, if the Work involves such hazards; or (xi) Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. (o) NO exclusion for crane operation. If the Construction Manager is operating, hiring or contracting others to use operate or hire a crane with an updated crane certification and adherence to OSHA Standard # 1926.550. The crane certification shall be kept on the Project site at all times. Construction Manager waives and shall cause all applicable insurance carriers providing physical damage insurance on the crane to also waive all right of recovery against Indemnitees. 2.Commercial Automobile Liability covering all owned, hired and non-owned automobile liability insurance covering all use of all automobiles, trucks and other motor vehicles utilized by the Construction Manager or its Subcontractors, with a combined single limit for bodily injury and property damage of not less than $2,000,000 per accident. Without limitation, the policy must include coverage for bodily injury, death and property damage arising out of ownership, maintenance or use of any motorized vehicle on or off the Project site. If hauling of hazardous waste is part of the scope of the Construction Manager’s Work, the Construction Manager’s Commercial Automobile Liability insurance with a $2,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles shall be required, which policy shall include an MCS 90 endorsement and the ISO Form CA 9948 (Pollution Liability Broadened Coverage for Business Automobile). 3.Workers’ Compensation insurance, including employer’s liability, for all persons whom the Construction Manager employs (or uses as subcontract labor if the Subcontractor is uninsured) in carrying out any Work. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers’ compensation insurance laws in effect from time to time in the state(s) where the Work is performed, and shall include the following: (a) Coverage A (Workers’ Compensation) - Statutory (b) Coverage B (Employer’s Liability) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 10 At a minimum, the following limits and coverages: (i) not less than $1,000,000 for each accident, for bodily injury by accident (ii) not less than $1,000,000 for each employee, for bodily injury by disease (iii) not less than $1,000,000 for each disease policy limit (c) Contain endorsements that provide: (i) Voluntary Compensation (ii) If the Construction Manager will borrow or otherwise use loaned employees (including if the Construction Manager leases a piece of equipment and it comes with an operator or the Construction Manager obtains employees from temporary agencies), the Construction Manager shall obtain an Alternate Employer’s Endorsement (WC 00 03 01 A). (iii) If the Construction Manager will lease "employees" from a professional employer organization, the Construction Manager shall obtain from the professional employer organization a PEO Extension endorsement (WC 00 03 20 B).. (iv) If the Work is taking place on or adjacent to navigable waters, then USL&H and Jones Act coverage is required. (v) Waiver of subrogation against the Indemnitees. 4.Property insurance providing coverage for property in which the Construction Manager retains the risk of loss including its own equipment, (stationary or mobile), tools (including employee tools), supplies, materials. or any other property owned or leased by the Construction Manager. If the Construction Manager chooses to self-insure any of the property described under this Section, it is agreed that the Construction Manager shall hold the Indemnitees harmless for any loss or damage to that property. 5.Professional Liability/Errors and Omissions (to the extent the Work requires professional services) on a claims made basis with limits for each claim not less than $10,000,000 per claim, which Professional Liability insurance policy shall: (a) be maintained until the expiration of the statute of repose in the jurisdiction in which the Project is located, (b) have a retroactive date prior to the performance of any services to be provided under this Agreement, and (c) state that in the event of cancellation or non-renewal, the discovery period for insurance claims (tail coverage) shall be at least twenty–four (24) months. 6.Pollution Liability that provides coverage for liability arising from the Construction Manager’s Work or construction activities, whether occurring on or off of the Project site, as well site conditions about which the Construction Manager is unaware but are made worse by the Construction Manager or those for whom the Construction Manager is responsible, with limits of not less than $1,000,000 for each loss (providing coverage for liability arising from, or made worse by, the Work or the Construction Manager’s or its Subcontractors’ construction activities, which insurance shall cover property damage, bodily injury (including death and disease), environmental damage, remediation, clean-up costs and defense costs). The Construction Manager’s pollution liability insurance shall insure against and provide coverage for property damage, abatement/cleanup, whether on or off of the Project site, as well as bodily injury, repair and defense costs resulting from liability arising out of pollution conditions, including exposures arising from any solid, liquid, gaseous or thermal pollutant, irritant or containment including smoke, vapors, odors, soot, fumes, acid, akalis, toxic chemicals, hazardous substances, electromagnetic fields, low level radioactive waste and material, mold matter, Legionella, and waste materials, including medical infectious and pathological waste. The Construction Manager’s pollution liability insurance must cover the liability of the Construction Manager during the process of construction, installation, removal, storage, encapsulation, loading, unloading, transport and disposal of hazardous materials or substances, and shall include coverage for bodily injury and loss of, damage to, or loss of use of property, arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, water materials or other irritants, contaminants or pollutants into or upon the Project site, the Project, the atmosphere, any water course or body of water. The Construction Manager must maintain, without interruption, its DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 11 pollution liability insurance coverage and renew the pollution liability insurance policy annually from the date of commencement of the Work through and including the expiration of the applicable statute of repose. 7.Riggers Legal Liability Insurance to the extent the Construction Manager’s Work requires it to provide a crane to hoist, lower or otherwise move a suspended load, then it shall provide riggers liability insurance. The limit for this coverage shall equal or exceed the full replacement cost value of the most expensive hoist intended to be made within its Scope of Work. This insurance shall name Construction Manager and Owner as loss payees to this insurance. 8.Insurance Required by Law the Construction Manager shall maintain any and all additional insurance coverages as required by applicable law 9. The above insurance limits may be achieved by a combination of primary and Excess/Umbrella Liability (that is not more restrictive than the primary insurance). Coverage shall be excess of the Employers Liability, Commercial General Liability, Automobile Liability and coverages required herein and shall include all coverages on a "following form" basis. Coverage shall drop down as primary on the exhaustion of any underlying policy limit specified herein. The Construction Manager shall maintain the Excess/Umbrella Liability coverage for 10 years from final completion of the Project or for a period equivalent to the statute of repose for the state in which the Project is located, whichever is shorter. B.Minimum Limits. The limits of insurance provided by the Construction Manager shall be the greater of the limits maintained in the normal course of the Construction Manager’s business or the minimum limits specified above. The limits of insurance stated above for each type of insurance are minimum limits only; in the event the Construction Manager’s policy provides greater limits, then the Additional Insureds shall be entitled to, or to share in, the full limits of such policy, and this Agreement shall be deemed to require such full limits. C.Severability Clause. All insurance shall include a severability of insured clause for all named insureds and additional insureds. None of the insurance policies that the Construction Manager is required to procure shall contain insured versus insured exclusions. D.Carrier Rating. All insurance coverage procured by the Construction Manager shall be provided by insurance companies satisfactory to the Owner who are lawfully authorized to do business in the jurisdiction in which the Project is located having policy holder ratings no lower than "A-" and financial ratings not lower than "VII" in the Best’s Insurance Guide, latest edition in effect as of the date of the Contract, and subsequently in effect at the time of renewal of any policies required by the Contract Documents. E.Waivers of Subrogation. The Construction Manager and its insurance carriers waive, release, and shall not exercise any right of recovery or subrogation for any claim, damage, or loss covered or insured by any insurance policy required under the Contract Documents, that the Construction Manager or its insurers may have at any time against the Indemnitees. F.No Limitation. Insurance coverage required in this Contract shall be additional security for the obligations assumed by the Construction Manager and in no event shall the types or limits of coverage required be deemed to limit any obligations or liabilities assumed under this Contract. The carrying of insurance shall not be deemed to release the Construction Manager or in any way diminish its liability or obligations, by way of indemnity or otherwise, under the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 12 Schedule 2 Schedule of Insurance Requirements (Subcontractors) 1.1 SUBCONTRACTOR’S INSURANCE OBLIGATIONS. Before commencing the Work, Subcontractor shall procure and maintain, at its own expense, until completion and final acceptance of the Work (or for such longer periods as stated below or otherwise required by applicable legal requirements) at least the following insurance from insurance companies satisfactory to Construction Manager and Owner who are lawfully authorized to do business in the jurisdiction in which the Project is located and have an A.M. Best rating of A- VIII or better: 1.1.1 WORKERS’ COMPENSATION INSURANCE, including employer’s liability, for all persons whom the Subcontractor employs in carrying out any Work. Such insurance shall be in strict compliance with the requirements of the most current and applicable workers’ compensation insurance laws in effect from time to time in the state(s) where the Work is performed, and shall include the following: (a) Coverage A (Workers’ Compensation) - Statutory (b) Coverage B (Employer’s Liability) At a minimum, the following limits and coverages: (i) not less than $500,000 for each accident, for bodily injury by accident (ii) not less than $500,000 for each employee, for bodily injury by disease (iii) not less than $500,000 for each disease policy limit (c) Contain endorsements that provide: (i) If the Subcontractor will borrow or otherwise use loaned employees (including if the Subcontractor leases a piece of equipment and it comes with an operator or the Subcontractor obtains employees from temporary agencies), the Subcontractor shall obtain an Alternate Employer’s Endorsement (WC 00 03 01 A). (ii) If the Subcontractor will lease "employees" from a professional employer organization, the Subcontractor shall obtain from the professional employer organization a PEO Extension endorsement (WC 00 03 20 B). (iii) If the Work is taking place on or adjacent to navigable waters, then USL&H and Jones Act coverage is required. (iv) Waiver of subrogation against the Indemnitees. 1.1.2 COMMERCIAL GENERAL LIABILITY INSURANCE on a current ISO occurrence coverage form policy, INCLUDING, without limitation, coverage for damages because of BODILY INJURY, PROPERTY DAMAGE, INDEPENDENT CONTRACTORS LIABILITY COVERAGE and PERSONAL AND ADVERTISING INJURY. This insurance shall include, without limitation, coverage for the PRODUCTS/COMPLETED OPERATIONS HAZARD. The COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE shall have limits not less than the following: Each Occurrence $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 The general aggregate shall be on a "per project" basis, and a statement to that effect will be contained on the certificate that this Commercial General Liability policy has been so endorsed. Subcontractor shall maintain the Commercial General Liability Insurance from commencement of the Work until not less than 10 years after substantial completion and acceptance of the Project by the Owner, or to the expiration of the applicable statute of repose in the jurisdiction where the Project is located, whichever is shorter. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 13 The COMMERCIAL GENERAL LIABLITY INSURANCE COVERAGE shall not be subject to any exclusions or exclusory endorsements that are not acceptable to Construction Manager and Owner, in their sole discretion. This COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE shall also comply with the following terms: (a) no limiting modification of the ISO standard "insured contract" exception to the contractual liability exclusion; (b) no exclusion or limitation of coverage for injury to employees or independent contractors other than that contained in the standard coverage ISO form; (c) no deletion of or modification to the subcontractor exception to the "damage to your work" exclusion; and (d) no limiting modification to the ISO standard "occurrence" definition. If the Subcontractor is not enrolled in a Wrap-Up insurance policy application to the project (e.g. CCIP or OCIP), then the COMMERCIAL GENERAL LIABILITY policy shall not include a wrap-up exclusion applicable to the project. Furthermore, without limitation, the COMMERCIAL GENERAL LIABLITY INSURANCE COVERAGE shall not exclude coverage for the following: (i) explosion, collapse and underground hazards; (ii) conditions on coverage based on any insured’s compliance with risk transfer mechanisms through insurance, indemnity clauses, or otherwise; (iii) soils subsidence or earth movement of any kind regardless of cause; (iv) for punitive damages, where allowable by applicable law; or (v) elevators, if applicable. In the event a Subcontractor is not able to meet the requirements of this paragraph, the Contractor may request in writing from the Owner a written waiver of such requirements by a Modification. NO exclusion for crane operation. If the Subcontractor is operating, hiring or contracting others to use operate or hire a crane with an updated crane certification and adherence to OSHA Standard # 1926.550. Further, the Subcontractor’s excess liability insurance limits for crane operations shall be not less than: (1) if the crane is a tower crane, $25,000,000 per occurrence/$25,000,000 in aggregate; or (2) if the crane is other than a tower crane, $10,000,000 per occurrence/$10,000,000 in aggregate, The crane certification shall be kept on the Project site at all times. All damages to the crane are the sole responsibility of the Subcontractor and the Subcontractor waives and shall cause all applicable insurance carriers providing physical damage insurance on the crane to also waive all right of recovery against Indemnitees and all other parties with interest in the Project for all damages to the crane. A Form CG 2010 07 04 and CG 2037 07 04 edition, together as additional insured endorsements, or an equivalent endorsement acceptable to the Construction Manager and Owner, naming the Construction Manager and Indemnitees as additional insureds. 1.1.3 COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE on a current ISO coverage form or equivalent, covering all owned, non-owned and hired automobiles used in connection with Subcontractor’s performance hereunder, with the following minimum limits: Bodily Injury (including death) and Property Damage $1,000,000 per accident Without limitation, the policy must include coverage for bodily injury, death and property damage arising out of ownership, maintenance or use of any motorized vehicle on or off the Project site. If hauling of hazardous waste is part of the scope of the Work, Commercial Automobile Liability insurance with a $1,000,000 combined single limit per occurrence for bodily injury and property damage applicable to all hazardous waste hauling vehicles shall be required, which policy shall include an MCS 90 endorsement and the ISO Form CA 9948 (Pollution Liability Broadened Coverage for Business Automobile). 1.1.4 PROFESSIONAL LIABILITY INSURANCE shall be provided to the extent Subcontractor’s performance includes or requires professional services, including, without limitation, the stamping by a professional engineer (P.E.), with a minimum limit of $1,000,000.00. If Subcontractor utilizes testing companies or surveying companies, then Subcontractor also shall require such testing companies or surveying companies to obtain professional liability coverage with a minimum limit of $1,000,000 per claim. The professional liability insurance shall, at a minimum, have a retroactive date which is the same as or predates the commencement of the Subcontractor’s performance. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 14 1.1.5 POLLUTION LIABILITY for any Subcontractor’s whose work involves providing pollution services that include, but are not limited to, performing: investigation and characterization of contamination of land, groundwater or structures, demolition of structures, abatement of hazardous or regulated materials (Hazardous or regulated materials shall include, but are not limited to, asbestos, petroleum products, lead, mold, mercury or polychlorinated biphenyls ("PCBs")), remediation of contaminated soil or groundwater including transportation and disposal of contaminated media, installation or removal of underground storage tanks, or any storage, transportation or disposal of materials that are hazardous or regulated under environmental laws by the Subcontractor or by subcontractors on behalf of the Subcontractor’s behalf, the Subcontractor shall provide Contractor’s Pollution Liability Insurance, with limits of not less than $1,000,000 for each occurrence (providing coverage for liability arising from, or made worse by, the Work or the Subcontractor’s or its Sub-subcontractors’ construction activities, which insurance shall cover property damage, bodily injury (including death and disease), environmental damage, remediation, clean-up costs and defense costs). The Subcontractor’s pollution liability insurance shall insure against and provide coverage for property damage, abatement/cleanup, whether on or off of the Project site, as well as bodily injury, repair and defense costs resulting from liability arising out of pollution conditions, including exposures arising from any solid, liquid, gaseous or thermal pollutant, irritant or containment including smoke, vapors, odors, soot, fumes, acid, akalis, toxic chemicals, hazardous substances, electromagnetic fields, low level radioactive waste and material, mold matter, Legionella, and waste materials, including medical infectious and pathological waste. The Subcontractor’s pollution liability insurance must cover the liability of the Subcontractor during the process of construction, installation, removal, storage, encapsulation, loading, unloading, transport and disposal of hazardous materials or substances, and shall include coverage for bodily injury and loss of, damage to, or loss of use of property, arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, water materials or other irritants, contaminants or pollutants into or upon the Project site, the Project, the atmosphere, any water course or body of water. The Subcontractor must maintain, without interruption, its pollution liability insurance coverage and renew the pollution liability insurance policy annually from the date of commencement of the Work through and including the expiration of the applicable statute of repose. 1.1.6 RIGGERS LIABILITY INSURANCE: To the extent the Subcontractor’s Work requires it to provide a crane to hoist, lower or otherwise move a suspended load, then it shall provide riggers liability insurance. The limit for this coverage shall equal or exceed the full replacement cost value of the most expensive hoist intended to be made within its Scope of Work. This insurance shall name Construction Manager and Owner as loss payees to this insurance. 1.1.7 OWNED OR LEASED PROPERTY: It shall be Subcontractor’s sole responsibility to insure all property, tools, equipment and machinery owned, leased or rented by Subcontractor and used in its performance hereunder or brought to the Project. Subcontractor shall defend, indemnify, and hold Indemnitees and all other parties with interest in the Project harmless from any and all claims arising from the possession or use of such equipment, or from damage to such equipment. 1.1.8 The above insurance limits may be achieved by a combination of primary and EXCESS/UMBRELLA LIABILITY (that is not more restrictive than the primary insurance): Coverage shall be excess of the Employers Liability, Commercial General Liability, Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. Coverage shall drop down as primary on the exhaustion of any underlying policy limit specified herein. . Subcontractor shall maintain the Excess/Umbrella Liability coverage for 10 years after substantial completion and acceptance of the Project by the Owner. 1.2 GENERAL INSURANCE REQUIREMENTS 1.2.1 Additional Insureds. Construction Manager and Indemnitees (the "Additional Insureds") shall be listed as additional insureds on Subcontractor’s Commercial General Liability, Comprehensive Automobile Liability, and Excess/Umbrella Liability insurance policies. Each policy, including the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:15:54 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1985563212) 15 Excess/Umbrella Liability policy, shall be endorsed to state that the insurance provided to the Additional Insureds is primary and non-contributory to any other insurance (including primary, excess, self-insurance, or on any other basis) available to the Additional Insureds. The coverage provided to the Additional Insureds must be at least as broad as that provided to the first named insured on each policy, subject to the terms and conditions of the specified additional insured endorsement. The additional insured endorsement must include coverage for any liability arising out of any operations, including Products and Completed Operations. In the event that any policy provided in compliance with this Exhibit states that the coverage provided to an Additional Insured shall be no broader than that required by contract, or words of similar meaning, the Parties agree that nothing in this Exhibit is intended to restrict or limit the breadth of such coverage. Additional insured status must be provided on forms of endorsement acceptable to the Owner. 1.2.2 Minimum Limits. The limits of insurance provided by Subcontractor shall be the greater of the limits maintained in the normal course of Subcontractor’s business or the minimum limits specified in this Exhibit. The limits of insurance stated above for each type of insurance are minimum limits only; in the event Subcontractor’s policy provides greater limits, then the additional insureds shall be entitled to, or to share in, the full limits of such policy. 1.2.3 Waivers of Subrogation. To the fullest extent permitted by law, all insurance Subcontractor furnishes in compliance with this Exhibit shall include a waiver of subrogation in favor of the Additional Insureds. 1.2.4 Evidence of Insurance. Before commencing performance hereunder and upon any renewal of the foregoing required policies of insurance, Subcontractor shall furnish, in form and substance satisfactory to Construction Manager, true and complete copies of the required policies, including, without limitation, all endorsements thereto, or, if acceptable to Construction Manager, in its sole discretion, certificates of insurance ("COIs"), declarations pages and additional insured endorsements, from each insurance company showing that the insurance required under this Exhibit is in force, and stating policy numbers, dates of expiration, and limits of liability thereunder. Subcontractor’s failure to provide copies of policies and/or COIs shall not relieve it of its responsibility to carry and maintain the insurance required by this Exhibit. 1.2.5 Notice of Cancellation. All policies required under this Exhibit shall contain a provision that the insurance will not be canceled or materially changed until the expiration of at least thirty (30) days after written notice of such cancellation or change has been mailed to and received by the Construction Manager and Owner, provided that only ten (10) days’ prior written notice shall be required of cancellation for non-payment of premium. 1.2.6 Deductibles and Self-Insured Retentions. Subcontractor shall be solely responsible for the payment of all deductibles and self-insured retentions. The coverage afforded to the Additional Insureds under the policies set forth in this Exhibit shall not be conditioned on the payment of any deductible or self-insured retention. 1.2.7 No Limitation. Nothing contained herein is to be construed to limit the type, quality or quantity of insurance Subcontractor shall procure and maintain or the extent of Subcontractor’s responsibility or liability for payment of damages resulting from the Work or Subcontractor’s performance or operations under this Agreement. 1.2.8 Legal Limits. IN THE EVENT THAT THE LAW OF THE STATE IN WHICH THE PROJECT IS LOCATED (OR APPLICABLE LAW) LIMITS THE APPLICABLITY OF ANY OF THE INSURANCE COVERAGE THAT CONSTRUCTION MANAGER MAY REQUIRE FROM SUBCONTRACTOR, THEN SUBCONTRACTOR SHALL BE REQUIRED TO OBTAIN COVERAGE TO THE FULLEST EXTENT OF COVERAGE AND LIMITS ALLOWED BY APPLICABLE LAW AND THIS EXHIBIT SHALL BE READ TO CONFORM TO SUCH LAW. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 42 Exhibit C A201–2017 (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) New City Hall South Myrtle Avenue, Clearwater, Florida 33756 THE OWNER: (Name, legal status and address) City of Clearwater, a Florida Municipal Corporation 100 South Myrtle Avenue Clearwater, Florida 33756 THE ARCHITECT: (Name, legal status and address) Wannemacher Jensen Architects, Inc., a Florida corporation 132 Mirror Lake Drive North, Suite 301 Saint Petersburg, Florida 33701 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 3 INDEX (Topics and numbers in bold are Section headings.) NOTE: This index does not incorporate references to any alterations that have been made to the AIA Document A201-2017, General Conditions for the Contract for Construction. 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, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 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, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 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, 2.3.3, 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, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 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 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 4 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 5 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 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, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 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, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 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, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 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 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 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, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 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, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 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 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 6 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 7 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 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 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 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, 9.6.3, 9.7, 9.8.5, 9.10.1, 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, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 8 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 9 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 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, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 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 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 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 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the "Agreement") and consist of the Agreement, these General Conditions of the Contract, any Supplementary and other Conditions identified in the Agreement, Drawings, Specifications, Addenda issued prior to execution of the Contract, if any, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A "Modification" is (1) a written amendment to the Contract signed by both Parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the "Contract" or "Contract for Construction". The Contract represents the entire and integrated agreement between the Parties and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, except as set forth in Sections 5.3 and 5.4, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. The Contract shall not be construed as conferring on any third parties any rights or claims against the Owner. § 1.1.3 The Work The term "Work" means the construction and services required of the Contractor by the Contract Documents (whether expressly or by reasonable inference), whether completed or partially completed, and includes all other labor, materials, supplies, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The "Project" is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The "Drawings" are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The "Specifications" are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service "Instruments of Service" are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The "Initial Decision Maker" is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. § 1.1.9 Product The term "product" includes materials, systems and equipment. § 1.1.10 Furnish The term "furnish" means to supply and deliver to the Project site, ready for unloading, unpacking, assembly, erection, placement or similar requirements. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 11 § 1.1.11 Install The term "install" means to unload, unpack, assemble, erect, place, finish, protect, adjust, and clean, or similar requirements. § 1.1.12 Provide The term "provide" means to furnish and install. § 1.1.13 Knowledge The terms "knowledge", "recognize" and "discover", their respective derivatives, and similar terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to mean that which the Contractor knows, recognizes or discovers in exercising the care, skill and diligence required by the Contract Documents. Analogously, the expression "reasonably inferable" and similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a contractor familiar with the Project and exercising the care, skill and diligence required of the Contractor by the Contract Documents. § 1.1.14 Party and Parties The term "Party" means each of the Owner and the Contractor, individually. The term "Parties" means the Owner and the Contractor, together. § 1.2 Correlation and Intent of the Contract Documents (Paragraphs deleted) § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. In the event of inconsistencies within or between parts of the Contract Documents, or between the Contract Documents and Applicable Laws (as defined in Section 3.1.13 of the Agreement) or applicable industry standards, the Contractor shall (i) provide the better quality or greater quantity of Work or (ii) comply with the more stringent requirement; either or both in accordance with the Architect’s interpretation. The terms and conditions of this Section 1.2.1, however, shall not relieve the Contractor of any of the obligations set forth in Sections 3.2, 3.4.2, or 3.7. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents, or the application thereof to any person or circumstance, violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the Parties’ intentions and purposes in executing the Contract. § 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. § 1.2.3.1 Whenever a product is specified in accordance with a Federal Specification, an ASTM Standard, an American National Standards Institute Specification, or other Association Standard, the Contractor shall present an affidavit from the manufacturer when requested by the Owner or the Architect certifying that the product complies with the particular standard or specification. When requested by the Owner or the Architect or otherwise required by the Contract Documents, support test data shall be submitted to substantiate compliance. If test data was not specified as a requirement in the Contract Documents, the cost associated with the testing, if any, shall be the basis of a Modification as provided in Article 7. § 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. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 12 § 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 (Paragraphs deleted) § 1.5.1 Except to the extent transferred to the Owner in accordance with the Owner’s agreement(s) with the Architect, 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 retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and 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 the Project is not to be construed as publication in derogation of the Owner’s, Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, 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 suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. All copies of the Instruments of Service shall be returned to the Owner upon completion of the Work, provided, however, that the Contractor shall be entitled to retain one (1) set of Record Documents and Record Drawings. § 1.5.3 Upon execution of the Agreement, the Contractor grants to the Owner a fully-paid up, royalty free, perpetual and nonexclusive license to use the Contractor’s and Contractor’s Subcontractors’ and consultants’ representations, in any medium of expression now known or later developed, of the tangible and intangible creative work created, prepared or issued by the Contractor or its Subcontractors or consultants, for purposes of constructing, using, maintaining, altering and adding to the Project, including Shop Drawings, design drawings and specifications and electronic data for design-build systems delegated to the Contractor in the Contract Documents. The Contractor shall obtain similar nonexclusive licenses from the Contractor’s Subcontractors and consultants consistent with this Section. The license granted under this Section permits the Owner to authorize contractors, consultants and material and equipment suppliers, to reproduce applicable portions of such work product for use in performing services or construction for the Project. Project estimates by the Contractor are considered proprietary and confidential. In the event the Owner receives a written request for such Project estimates, the City shall provide the Contractor with written notice of such request such that the Contractor shall have an opportunity to redact any confidential and/or proprietary information prior to its disclosure. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one Party to notify or give notice to the other Party or a third party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 1.6.2 Notice of Claims as provided in Section 15.1.3, default, or termination shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the Party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. Further, in addition to sending such notice to the person designated as the Owner’s representative in the Agreement (or such other person as the Owner may later designate in writing), a copy of such notice by the Contractor to be valid must also be delivered to the Architect and to the City Attorney. § 1.7 Digital Data Use and Transmission The Parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. (Paragraphs deleted) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 13 § 1.8 Intentionally Deleted ARTICLE 2 OWNER § 2.1 General (Paragraphs deleted) § 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 one or more representatives 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 Owner may from time to time change its designated representative with ten (10) days’ prior written notice to the Contractor. The term "Owner" means the Owner or the Owner’s authorized representative. Notwithstanding anything in the Contract Documents to the contrary, for any decision, approval or consent of the Owner to be binding against the Owner it must be in writing and for any Modification that changes the Contract Sum or Contract Time to be valid it must be signed by either the Owner’s representative or the City Manager or City Attorney. § 2.1.2 Intentionally deleted. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Upon written request by the Contractor, the Owner shall provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract, including, without limitation, that such funds for the Project have been encumbered in accordance with Applicable Laws. (Paragraphs deleted) § 2.2.2 Intentionally deleted. § 2.2.3 Intentionally deleted. § 2.2.4 Where the Owner has designated information furnished to the Contractor as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner (Paragraphs deleted) § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for development of real estate, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner has retained an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and general locations of known utilities for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner, except as otherwise provided therein or in the Contract, but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 14 relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, and any delay resulting from such work stoppage shall not extend any Milestone Date identified in the Contract for Construction or the required dates of Substantial Completion or Final Completion. Nothing herein shall be deemed to limit the Owner’s rights with respect to termination as set out in Article 14 herein. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a twenty-four (24) hour period in the event of an emergency threatening imminent harm to person or property, or otherwise within seven (7) days, after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. The Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses (including attorneys’ fees) and compensation for the Architect’s and other consultants’ additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. § 2.6 Rapid Response to Emergencies If the Contractor neglects to prosecute the Work properly or to perform any provision of the Contract Documents, or does, or omits to do, anything, whereby the safety or proper construction may be endangered or whereby damage or injury may result to person or property, then the Owner, after twenty-four (24) hours’ written notice to the Contractor, may, but shall not be obligated to, without prejudice to any other right or remedy of the Owner, take such action as the Owner deems necessary or desirable to endeavor to correct such condition, and may deduct the cost thereof from the amounts then due or thereafter due the Contractor. No action taken by the Owner pursuant to this Section 2.6 shall affect or diminish any of the Owner’s other rights or remedies under the Agreement, at law or in equity, nor shall it relieve the Contractor from any consequences or liabilities arising from its acts or omissions. § 2.7 Extent of Owner’s Rights The rights and remedies stated in this Article 2 and elsewhere in the Contract Documents are cumulative and not in limitation of any other rights and remedies of the Owner: (i) granted in the Contract Documents, (ii) at law, or (iii) in equity. In no event shall the Owner have control over, charge of, or any responsibility for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the Work, notwithstanding any of the rights and authority granted the Owner in the Contract Documents. ARTICLE 3 CONTRACTOR § 3.1 General (Paragraphs deleted) § 3.1.1 The "Contractor" (the terms "Contractor" and "Construction Manager" are intended to be interchangeable in the Agreement and these General Conditions of the Contract) 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 Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under the Contract. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under the Contract. The Contractor may from time to time change DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 15 its designated representative with ten (10) days’ prior written notice to the Owner. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents, and also in accordance with approved submittals as provided in and subject to Section 3.12 below. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Owner or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.1.4 The Contractor shall coordinate and hold at least weekly jobsite meetings with the Architect, the Owner and representatives of such Subcontractors and suppliers as the Contractor or the Owner may reasonably deem advisable, for the purpose of: (a) reviewing status of the Work, (b) the progress of the Work as compared to the most recent construction schedule, (c) responses to submittals and requests for information, (d) proposed and pending Change Orders and Construction Change Directives, (e) Applications for Payment, (f) and other items relevant to the Project. The Contractor shall prepare an agenda for each such meeting and deliver the agenda at least three (3) business days in advance of the meeting and, after the meeting, shall prepare minutes of the meeting and deliver such minutes to the Owner and the Architect with reasonable promptness after the meeting. Further, the Contractor shall send a representative, with full authority to act on behalf of and bind the Contractor, to the foregoing weekly meetings and to such other meetings and conferences relating to any Work as may be requested from time to time by the Owner. § 3.1.5 Without limitation of the Contractor’s other coordination responsibilities, the Contractor shall coordinate the Contractor’s Work relating to the procurement and installation of furniture, fixtures and equipment, including IT equipment, with the Owner’s FF&E and IT planning departments. § 3.2 Review of Contract Documents and Field Conditions by Contractor (Paragraphs deleted) § 3.2.1 Execution of the GMP Amendment by the Contractor is a representation that the Contractor has visited and inspected the site, become familiar with local conditions under which the Work is to be performed, correlated personal observations with requirements of the Contract Documents, and evaluated and satisfied itself as to the condition and limitations under which the Work is to be performed, including: (a) the location, condition, layout and nature of the Project site and surrounding areas, including conditions bearing upon ingress to and egress from the Project site, delivery, handling and storage of materials, disposal of waste, availability of water and electric power, ground water table or similar physical conditions of the ground, the character, quality and quantity of surface and sub-surface conditions and materials to be encountered, and the character of equipment and facilities needed prior to and during the execution of the Work; (b) generally prevailing climatic conditions, (c) anticipated labor supply and costs, (d) availability and cost of materials, tools and equipment, and (e) all other matters which can in any way affect the Work or the cost thereof under this Contract. The Contractor shall locate prior to performing any Work all utility lines, telephone company lines and cables, sewer lines, water pipes, gas lines, electrical lines, and shall perform the Work in such a manner so as to avoid damaging any such lines, cables, and pipes. The Contractor shall be able to rely on survey information provided by the Owner as it relates to locating and avoiding damage to said utilities, except to the extent the Contractor knows such information to be inaccurate. As it relates to ground water table or similar physical conditions of the ground, the character, quality and quantity of surface and sub-surface conditions and materials to be encountered, the Contractor may rely of the geotechnical report provided by the Owner or its consultant, except to the extent Contractor knows such information to be inaccurate. The Contractor shall make reasonable assumptions based on the information in the report and shall request clarification of any ambiguity. The Owner shall not be required to make any adjustment in either the Guaranteed Maximum Price or Contract Time in connection with any failure by the Contractor or any Subcontractor to comply with the requirements of this Section 3.2.1 except as otherwise provided in Article 7. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting and while executing each portion of the Work: (a) carefully study and compare the various Contract Documents relative to that portion of the Work with the other Contract Documents and with information provided or otherwise reasonably available to the Contractor, (b) take field measurements of any existing conditions related to that portion of the Work, including existing structures, (c) confirm the accuracy of all grades, elevations, dimensions, and locations given on any Drawings and Specifications, and (d) in all cases of interconnection of its Work with existing or DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 16 other work, verify at the site all dimensions relating to such existing or other work. Any errors due to the Contractor’s failure to so verify such grades, elevations, dimensions, or locations shall be promptly rectified by the Contractor without additional cost to the Owner. Further, figures on Drawings take precedence over measurements by scale, and scaling is done at the Contractor’s own risk. The Contractor shall promptly notify the Owner and Architect in writing of any errors, inconsistencies or omissions, including omissions from the Drawings and Specifications of figures that are necessary to a clear understanding of the Work, that are discovered by or made known to the Contractor as a request for information in such form as the Owner or 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. Failure of the Contractor to discover an error or omission of the Contract Documents shall not constitute a waiver of the Contractor’s right to an equitable adjustment in the Contract Sum or Contract Time to the extent permitted by, and subject to the requirements of, Section 7.5. § 3.2.2.1 The Owner shall not be responsible for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to existing underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems (collectively, "Underground Facilities") at or contiguous to the Project site. The Contractor shall: (a) review and check all such information and data; (b) locate all Underground Facilities shown on the Contract Documents; (c) coordinate the Work with the owners of such Underground Facilities during construction; and (d) provide for the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. If an Underground Facility is uncovered or revealed at or contiguous to the Project site which was not previously identified and accounted for by the Contract Documents, the Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency that threatens imminent damage to property or injury or death to person), identify the owner of such Underground Facility and give written notice to that owner and to the Owner and the Architect. § 3.2.2.2 The Contractor shall be responsible for laying out the site Work, shall protect and preserve reference points and property monuments, and shall make no changes or relocations without the prior written approval of the Owner and the Architect. The Contractor shall report to the Owner and the Architect whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. If Owner’s survey crew is assigned to the Project and there is excessive reference point replacement caused by the Contractor or those for whom the Contractor is responsible after initial lines and grades have been set, as determined by the Owner, the Contractor will be charged at the rate of $200.00 per hour, which shall be computed for actual time on the Project. All time shall be computed in one-hour increments with a minimum charge of one hour. § 3.2.2.3 All grade lines, levels and bench marks shall be established and maintained by the Contractor. The Contractor shall establish bench marks in no less than two widely separated locations. Bench marks established by others shall be verified and may be used for the Work but shall be maintained in correct position, and if moved or damaged, shall be replaced by a registered civil engineer or land surveyor at the expense of the Contractor. The Contractor shall submit certification by civil engineer for established building corners and finish floor elevations prior to commencing placement of the slab on grade. § 3.2.2.4 The Contractor shall be responsible for assuring that fill on the Site shall consist of well to moderately-well graded soils consistent with the Drawings and Specifications and acceptable to the Architect, consisting of sands, silts, non-plastic clays and gravel and shall be free from detrimental quantities of debris, muck, peat, roots, grass, leaves, humus, sewage and other organic material, clods, lumps, balls of clay, rocks, trees, stumps, branches, twigs, limbs, trash, refuse, development debris, non-plastic soils and frozen materials (collectively, "Unsuitable Materials") in accordance with the Architect’s instructions. The Contractor shall remove all Unsuitable Materials and deposit them in areas specified by the Owner. No Unsuitable Material shall be located within the boundary of a building pad or on pond banks that abut or are adjacent to a building pad. The Contractor shall compact all fill areas within the Project site as necessary in order to comply with the structural requirements set forth in the Drawings and Specifications. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 17 § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with Applicable Laws, but the Contractor shall promptly report to the Owner and Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Owner or Architect may require. (Paragraph deleted) § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Owner or Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit a PCO, ROM and COR in accordance with Section 7.5. 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. § 3.2.5 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect or to the Owner’s other consultants for evaluating and responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation. § 3.2.6 Notwithstanding anything herein to the contrary, the Contractor shall be responsible for the satisfactory and complete execution of the Work described in the Contract Documents. By executing the GMP Amendment, the Contractor shall be deemed to have represented that it has carefully examined all Drawings and Specifications for the Work to be performed, that it has made investigations essential to the construction methods for the Project, and that it has the experience to complete the Work in a good workmanlike manner in accordance with the Contract Documents without defects in materials or workmanship. The Owner and the Contractor acknowledge that questions may arise concerning the level and scope of performance required under the Contract Documents. The Owner and the Contractor will in good faith attempt to resolve such conflicts and uncertainties in a manner that is consistent with the design intent of the Contract Documents and without adjustment to the Guaranteed Maximum Price or Contract Time. § 3.3 Supervision and Construction Procedures (Paragraphs deleted) § 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. § 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. § 3.3.4 The Contractor shall ensure that all material suppliers and Subcontractors, their agents and employees, adhere to the Contract Documents, and that they order materials on time, taking into account the current market and delivery conditions and that they provide materials on time. The Contractor shall require all Subcontractors have a competent supervisor assigned to the Project and who shall be on site whenever the Subcontractor’s work is being performed. The Contractor shall coordinate its Work with that of all others performing work for the Project, including deliveries, storage, installations and construction utilities. The Contractor shall be responsible for the space requirements, locations and routing of its equipment. § 3.3.5 The Contractor shall prepare and maintain daily reports recording the date, weather conditions, deliveries received, Subcontractors on site, general description of work accomplished, problems or conflicts in the field, and other important details. Said reports shall be maintained at the job site in an orderly manner and available to the Owner, the Architect, and the Owner’s representatives for review at any time. The Contractor shall submit the format of such daily report to the Owner for approval prior to commencement of the Work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 18 § 3.3.6 Upon Contractor’s receipt of Direct Purchase Materials (as provided in Section 4.1.7 of the Agreement), the Contractor shall promptly notify the Owner in writing of any known damage to defects in the Direct Purchase Materials, failing which the Contractor shall bear full responsibility for removing the damaged and/or defective Direct Purchase Materials, for procuring and installing replacement materials or equipment, and for remedying losses and damage arising from or relating to same as the Contractor’s expense, and without adjustment in either the Guaranteed Maximum Price or Contract Time. § 3.3.7 All Work shall be executed in a neat, skillful workmanlike manner in accordance with the best recognized trade practices in the area in which the Project is being constructed. § 3.4 Labor and Materials (Paragraphs deleted) § 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 approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 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. If the Contractor desires to submit or submits an alternate product or method in lieu of what has been specified in the Contract Documents, subsections 3.4.2.1 and 3.4.2.2 apply. § 3.4.2.1 The Contractor must submit to the Architect and the Owner (a) a full explanation of the proposed substitution and submittal of all supporting data including technical information, catalog cuts, warranties, test results, installation instructions, operating procedures, and other like information necessary for a complete evaluation of the substitution; (b) a written explanation of the reasons for the substitution is advantageous and necessary, including the benefits to the Owner and the Work in the event the substitution is acceptable; (c) the adjustment, if any, in the Guaranteed Maximum Price, in the event the substitution is acceptable; (d) the adjustment, if any, in the time of completion of the Work and the construction schedule in the event the substitution is acceptable, and (e) an affidavit stating that the proposed substitution meets all requirements of the pertinent Specifications and the requirements shown on the Drawings, and the Contractor accepts the warranty and correction obligations in connection with the proposed substitution as if originally specified by the Architect. Proposals for substitutions shall be submitted in triplicate to the Architect and Owner in sufficient time to allow them no less than ten (10) business days for review. No substitutions will be considered or allowed without the Contractor’s submittal of complete substantiating data and information as stated herein. § 3.4.2.2 In addition to and without limitation of the requirements of subsection 3.4.2.1, by making requests for substitutions, the Contractor: (a) represents that it has investigated the proposed substitute product and determined that it appears equal or superior in all respects to that specified; (b) represents that it believes itwill provide the same or better warranty for the substitution as it would have provided for the product specified and the manufacturer will provide the same or better warranty for the substituted product; (c) certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be changed as a result of the substitution, except for the Architect’s redesign costs, and waives all claims for additional costs related to the substitution that subsequently become apparent; and (d) shall coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. The Contractor shall also be responsible for labor peace on the Project and shall at all times use its best efforts and judgment as an experienced contractor to adopt and implement policies and practices designed to avoid work stoppages, slowdowns, disputes or strikes where reasonably possible and practical under the circumstances and shall at all times maintain Project-wide harmony. The Contractor shall be responsible to control any labor disputes that may arise among its employees or the employees of its Subcontractors. Only competent laborers who satisfactorily perform their duties shall be employed on Work. When requested by the Owner or Architect, the Contractor, without entitlement to adjustment of the GMP or Contract Time, shall discharge and shall DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 19 not reemploy on work any person who commits trespass or who is, in the Owner’s opinion, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable. § 3.4.3.1 The Contractor shall be responsible to the Owner for all actions, omissions, breaches, negligence, recklessness and misconduct of the Contractor’s Subcontractors, Sub-subcontractors, materialmen, or agents of any tier or their respective employees. § 3.4.3.2 At the Owner’s request, the Contractor, without additional cost to the Owner and without any increase of the Contract Time, shall reassign, replace or remove from the Project site any of the Contractor’s or its Subcontractors’ personnel who, in the Owner’s opinion, acting in good faith, (a) negatively affect (i) the efficiency or safety of the Project or (ii) the timely progress or completion of the Work, or (b) who have (i) acted in a threatening or offensive manner or (ii) who have otherwise committed a violation of the Owner’s job site policies. § 3.4.4 Materials shall be installed in accordance with manufacturer’s directions, unless the Contract Documents indicate otherwise. All packaged materials shall be shipped to the site in the original containers clearly labeled, and delivery slips can be submitted with bulk materials identifying thereon the source and warranting quality and compliance with Contract Documents. The Contractor shall check all materials and services to be incorporated into the Work, including quality and quantity. All materials delivered to the job site shall be so stored and handled as to preclude inclusion of foreign substance or causing any unwanted discoloration therein and to prevent any damage thereto which might reduce the materials’ effectiveness as part of the Work. § 3.5 Warranty (Paragraphs deleted) § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work that the Contract Documents expressly require or expressly permit, if any, and will be performed in a good and workmanlike manner an in compliance with Applicable Laws. The Contractor is not responsible for ensuring that the design meets Applicable Laws. Work, materials, or equipment (including items specified as sole source) not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. Further, the Contractor hereby assigns to the Owner, on a non-exclusive basis, all third-party warranties pertaining to the Work and the materials and equipment incorporated therein that are not issued in the name of the Owner, including warranties of all Subcontractors and suppliers, and, upon completion of the Work, as a condition to final payment, the Contractor shall deliver to the Owner all such warranty documents. The Contractor shall perform the Work in such manner so as to preserve all such warranties. All warranty periods shall commence as of the date of Substantial Completion unless otherwise provided in the Certificate of Substantial Completion (as provided in Section 9.8.4). All manufacturer warranties shall be: (i) for a minimum of one (1) year for parts and labor (and for HVAC equipment, such longer manufacturer warranties as provided by such manufacturer) and (ii) endorsed to provide that the warranty shall recommence and be reinstated in full in connection with, and on completion of, any corrective work required in connection with any item covered by such warranty. § 3.5.3 The Contractor’s warranties given herein are not in derogation of such longer warranties as may be provided by the Contractor’s Subcontractors, suppliers and the manufacturers of equipment and materials incorporated into the Project. Further, the Contractor’s warranties will not be affected or limited by the terms of any manufacturer’s warranty that has lesser terms or otherwise, except as otherwise permitted by the Contract Documents. The Contractor is responsible for ensuring that all warranties and guarantees required by the Contract Documents for materials, systems, equipment and work provided to and incorporated into the Work shall be issued in the name of and for the benefit of the Owner. The Contractor shall perform the Work in such a manner so as to preserve any and all such warranties. The Contractor shall assist the Owner without additional charge in asserting manufacturer and other third party warranty claims. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 20 § 3.5.4 The Contractor is responsible for any Subcontractor’s nonperformance of warranty Work. The refusal of a Subcontractor or supplier to correct defective Work for which it is responsible will not excuse the Contractor from performing under the Contractor’s warranty. § 3.5.5 As a condition precedent to final payment under the Contract, the Contractor shall deliver to the Owner one (1) bound volume and one (1) digital copy of all guarantees and warranties on material furnished by all manufacturers and suppliers to the Contractor and its Subcontractors, with duly-executed instruments properly assigning the guarantees and warranties to the Owner. The guarantees and warranties in each bound volume shall be grouped together by trade and properly indexed. The Contractor shall obtain from manufacturers and suppliers, the guarantees and warranties according to the Contract terms . The documentation must also clearly describe proper operational and maintenance activities required to sustain said warranties. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted as of the date of the GMP Amendment, whether or not yet effective or merely scheduled to go into effect, including all taxes, withholdings, contributions and/or premiums payable in respect of its employees or on its operations, including under workers’ compensation laws, unemployment compensation laws, the Federal Social Security Act, health and welfare benefit plans, gross business taxes, sales and use taxes and any other taxes, contributions and/or premiums which are payable by the employees. The Contractor shall provide reasonable evidence to the Owner to substantiate the Contractor’s compliance with this Section. § 3.7 Permits, Fees, Notices and Compliance with Laws (Paragraphs deleted) § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work, including all inspections by government authorities required for certificates of occupancy, and all charges for all approvals for street closings, parking meter removal or rental, and other similar matters as may be necessary or appropriate from time-to-time for the performance of the Work. § 3.7.2 The Contractor shall comply with and give notices required by Applicable Laws, shall make copies of such notices available to the Owner and its representatives, and shall pay all fines, penalties and interest levied as a result of such Work. Without limitation of the foregoing, the Contractor shall fully comply with and remain in full compliance with the Immigration and Control Act of 1986 as applicable to the Contractor, including all required employment and identity verification procedures and record keeping requirements. In the event the Contractor fails to comply in any respect with the applicable requirements of Applicable Laws, including the Immigration Reform and Control Act of 1986, the Contractor shall indemnify and hold harmless the Owner for all penalties, fines, charges, assessments, claims, demands, actions, or causes of action by the United States Government or by any other entity or person. Further, the Contractor shall pay any expenses, including attorneys’ fees, incurred by the Owner as a result such failure to comply with Applicable Laws and all penalties and interest levied or assessed as a result thereof by applicable governmental authorities. § 3.7.3 If the Contractor performs Work knowing it to be contrary to Applicable Laws, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction, which costs shall not be a Cost of the Work and shall not entitle the Contractor to adjustment of the Guaranteed Maximum Price. The Contractor is not responsible for ensuring that the design meets Applicable Laws. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents and are not the Contractor’s responsibility to identify and address under the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents and are not the Contractor’s responsibility to identify and address under the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than five (5) business days after first observance of the conditions. The Owner and/or Architect will promptly investigate such conditions. If the Contractor believes such conditions differ materially and are not the Contractor’s responsibility to identify and address under the Contract DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 21 Documents and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall submit a PCO, ROM and COR in accordance with Section 7.5. (Paragraph deleted) § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Guaranteed Maximum Price and Contract Time arising from the existence of such remains or features may be made as provided in Section 7.5. § 3.7.6 The Contractor warrants it is familiar with Applicable Laws concerning the recognition, handling and disposal of waste materials and rubbish and it will obey all such Applicable Laws. The Contractor shall provide to the Owner copies of all manifests and disposal records required by any Applicable Laws for any hazardous or other substances that have been handled or disposed by or through the Contractor. § 3.8 Allowances (Paragraphs deleted) § 3.8.1 The Contractor shall include in the Guaranteed Maximum Price 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. Only items clearly specified as "allowances" in the Contract Documents shall be deemed allowances for purposes of this Section 3.8. For the avoidance of doubt, allowances shall be stated in such detail as required by the Owner to show how or for what the allowance amounts are designated. Further, allowances shall be shown as separate line items in the schedule of values and shall not be included in other GMP line items. § 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 Guaranteed Maximum Price but not in the allowances; and .3 whenever costs are more than or less than allowances, the Guaranteed Maximum Price 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 after the Contractor notifies the Owner of the need to make a selection. § 3.8.4 The Contractor shall submit a written proposal to the Owner of the costs associated with an allowance before incurring any such costs. Under no circumstances shall the Contractor incur any costs related to an allowance on behalf of the Owner without the prior written authorization of the Owner. § 3.9 Superintendent (Paragraphs deleted) § 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 notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Owner or Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of both the Owner and Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 22 § 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 written request or consent, which shall not unreasonably be withheld or delayed. § 3.9.4 If, in the opinion of the Owner, the Contractor’s superintendent, any other personnel of the Contractor or Subcontractors, or any laborers by whomever employed, are not qualified to supervise or perform work considered as first class quality for the area, or do not conduct themselves in a proper manner, or are interfering with the operations of any facility on or adjacent on the site of the Work, the Contractor shall cause such persons(s) to be replaced with qualified personnel immediately upon written notice from the Owner, without any additional cost to the Owner and without extension of the Contract Time. Neither the Owner’s rights herein, nor the Owner’s exercise or failure to exercise such rights, shall relieve the Contractor of the obligations to select, assign, and supervise competent and qualified personnel or otherwise make the Owner responsible for original or replacement personnel. § 3.10 Contractor’s Construction and Submittal Schedules (Paragraphs deleted) § 3.10.1 The Contractor, as a part of the Contractor’s Guaranteed Maximum Price proposal, shall submit Contractor’s initial construction schedule for the Work. This schedule and all updates thereto shall contain detail appropriate for the Project, be maintained in Primavera P6 with full backup (.xer) files, including (1) the date of commencement of the Work, interim schedule milestone dates, the date of Substantial Completion, and the dates for completion of punch list work and the closeout requirements; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule, including all updates thereto, shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. The Contractor’s construction schedule, including all updates thereto, shall include all significant activities required to complete the Work, including all field tasks, significant material deliveries, other off-site constraints such as permits, inspections, approvals, and milestones for start dates, completion dates and availability dates, and other activities the Contractor, the Owner, or the Architect deem significant. The construction schedule shall be in time-scaled precedence format with the critical path clearly indicated, and shall indicate Float (as defined in Section 8.2.4 below) values. Tasks shall be broken down into activities that allow monitoring their monthly progress. The Contractor shall submit monthly an updated schedule accurately reflecting progress achieved and any changes in the Contractor’s planned activities. The Contractor shall give specific notice to the Owner and its consultants of any material change in the logic of the schedule or any part thereof, or the removal of any critical restraints, or the material deduction of any duration. If any schedule update shows that the progress of the Work is delayed in comparison to the construction schedule, the Contractor shall, if required by the Owner, provide a proposed "recovery schedule" showing how the Contractor proposes to correct the delay, including overtime and additional labor. No schedule updates shall modify any milestone dates identified as a "Milestone Date" ("Milestone Dates")in the initial construction schedule or subsequently agreed to by the Parties in any update thereto, the Contract Time, the Substantial Completion Date, or the Final Completion Date, unless the Parties execute a Change Order which modifies the Contract Time. § 3.10.2 The Contractor, promptly after execution of the GMP Amendment and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) indicate the dates each specific Shop Drawing or sample required by the Contract Documents will be submitted for approval (2) be coordinated with the Contractor’s construction schedule and otherwise allow for orderly review of submittals by the Architect and its Consultants, and (3) allow the Architect reasonable time (such time to be agreed upon in the submittal schedule) to review submittals, including reasonable added time according to the number or complexity of drawings in each submittal and for checking, correction and rechecking or corrections, as well as for return of approved or rejected Shop Drawings and samples to the Contractor and, in turn, to any Subcontractor. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Guaranteed Maximum Price 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 and approved by the Owner, provided that no such schedule may adjust the Milestone Dates, Contract Time, the Substantial Completion Date, or the Final Completion Date without the Owner’s written approval pursuant to a Change Order or Construction Change Directive. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 23 § 3.10.4 In the event the performance of the Work, as of a Milestone Date, as such Milestone Date may have been adjusted in accordance with the Contract Documents, has not progressed or reached the level of completion required by the Contract Documents, the Owner shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities, and (iii) other similar measures (hereinafter referred to as "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion required by the Contract Documents. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the construction schedule. Unless the delay giving rise to the need for Extraordinary Measures is a delay for which the Contractor is entitled to an increase in the Guaranteed Maximum Price pursuant to Section 8.3.3 below, the Contractor shall not be entitled to an adjustment of the Guaranteed Maximum Price in connection with Extraordinary Measures required by the Owner under or pursuant to this Section 3.10.4. The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10.4 as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Milestone Dates or completion deadlines set forth in the Contract Documents. § 3.10.5 In addition to construction schedule updates, the Contractor shall deliver to the Owner and the Architect monthly written reports on the progress of the entire Work with each Application for Payment. The progress report shall specify, among other things, a narrative summary of the Work performed and significant events occurring during the month, an estimated percentage of completion, whether the Project is on schedule and, if not, the reasons for the delay and a recovery schedule, as well as the projected Work to be completed the following month. § 3.10.6 By submitting the initial construction schedule and each update thereto, the Contractor shall be deemed to warrant that the schedule has been prepared in good faith, is accurate to the best of the Contractor’s knowledge and the Owner may rely thereon in regard to any and all decisions or actions by the Owner in regard to the Project. § 3.11 Documents and Samples at the Site § 3.11.1 The Contractor shall maintain at the Project site and shall make available to the Owner and the Architect: (a) one copy of the Architect’s record Drawings marked-up to show "as-built" information as provided in this Section ("As-Built Drawings"), and (b) Specifications, Addenda, requests for information and responses thereto, bulletins, Change Orders and other Modifications to the Contract Documents, approved Shop Drawings and a log of such Shop Drawings, Product Data, Samples and mock-ups, permits, inspection reports, test results, daily reports, field notes, accident reports, schedules, subcontracts, and purchase orders (collectively, "Record Documents"), in good order. The As-Built Drawings shall be prepared and continuously updated during the prosecution of the Work but no less than once per month. The As-Built Drawings will be a set of electronic prints of the record Drawings provided by the Architect to the Contractor at the start of construction. The Contractor shall maintain said set in good condition and shall use colored markings or some other method acceptable to the Owner to mark-up said set with "as-built" information in a legible manner to show: (a) deviations from the Drawings made during construction; (b) details in the Work not previously shown; (c) changes to existing conditions or existing conditions found to differ from those shown on any existing Drawings; (d) the actual installed position of equipment, piping, conduits, light switches, electric fixtures, circuiting, ducts, dampers, access panels, control valves, drains, openings, and stub outs; and (e) such other information as either the Owner or the Architect may reasonably request (collectively, "Updated Information"). Additionally, the Contractor shall cooperate and coordinate with the Architect concerning the maintenance of a building information model (BIM) for the Project in format acceptable to the Owner that shall be continuously updated to show all Updated Information. For design-build and/or design-assist systems, the Contractor shall continuously update As-Built Drawings reflecting the as-built condition of design-build and/or design-assist systems. § 3.11.2 The Contractor’s obligation to make As-Built Drawings and Record Documents, updated with current Project information, available for inspection by the Owner, the Architect, and their respective consultants, shall be a condition precedent to Owner’s duty to process payment applications. The Contractor, as part of the Guaranteed Maximum Price, as a precondition to Final Completion, or upon earlier termination of the Agreement, and as a condition precedent to the certifying of the final payment under the Contract, shall forward to the Owner and Architect electronic copies of the As-Built Drawings and Record Documents in hard copy, .pdf format, and such other format as the Owner requires, along with a certification that such As-Built Drawings and Record Documents are true, correct and complete to the best of the Contractor’s knowledge, information and belief. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 24 § 3.11.3 The Contractor shall prepare an as-built per chapter 5J-17.052, Florida Administrative Code (see definition below), signed and sealed by a Florida registered land surveyor (the "As-Built Survey"). 5J-17.050 Definition: (10)(a) As-Built Survey: a survey performed to obtain horizontal and/or vertical dimensional data so that constructed improvements may be located and delineated: also known as Record Survey. This As-Built Survey shall be clearly titled "AS-BUILT SURVEY" and shall be signed and sealed by a Florida registered land surveyor. The As-Built Survey must be delivered to the Owner of Clearwater Construction Division upon Substantial Completion of the Project. If this condition is not met, the Owner may procure the services of a Professional Surveyor and Mapper registered in the State of Florida and will charge back to the Contractor a fee of $1,800 per day or any portion thereof to provide the Owner with the required As-Built Survey. § 3.12 Shop Drawings, Product Data and Samples (Paragraphs deleted) § 3.12.1 "Shop Drawings" are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 "Product Data" are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (Paragraph deleted) § 3.12.3 "Samples" and mock-ups are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. Required mock-ups shall be provided in the Contract Documents. (Paragraph deleted) § 3.12.3.1 Prior to constructing the building slab, the Contractor shall build a mockup using selected products depicting examples of each element of the exterior of the Project, which shall be installed progressively to include all exterior components, including, without limitation, framing, finishes, damp proofing, water proofing, insulation, flashing, and fenestrations. The requirements of the mockup shall be specified in the Contract Documents. § 3.12.3.2 Interior mockups shall be completed in two phases of delivery. The building is under frame, the Contractor shall provide physical finished Samples of all components of the interior. The Samples shall be no smaller than 24" x 24" or a 24" section of framed components. Each product is to have installed the final finishes planned for the building. When not pre-finished by the manufacturer, the selected Subcontractor shall install the finish to compliance with the Contract Documents. Wood products for millwork, trim and doors shall be of the selected type and sawing profile. (Paragraph deleted) § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. All Shop Drawings shall (i) comply with performance specifications and other criteria established by the Architect, (ii) comply with all governmental requirements; and (iii) permit the Work, when completed, to perform as specified by the Contract Documents. Shop Drawings shall be modified at no cost to the Owner as necessary to obtain any permits or approvals and as required to comply with any requirement of the Contract Documents. The Contractor is not responsible for ensuring that the design meets Applicable Laws. (Paragraph deleted) § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect (with copies to the Owner), Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 25 the activities of the Owner or of Separate Contractors. Shop Drawings found to be inaccurate or otherwise in error are to be returned for correction before submittal to the Architect. The Contractor shall verify the Shop Drawings of all Subcontractors or trades for interrelated work, as required for proper and complete performance of the Work. All Shop Drawings submitted by the Contractor shall be stamped by the Contractor with the wording "APPROVED FOR SUBMITTAL" or marked through some other means to clearly indicate to the Architect the submittals have been reviewed and approved by the Contractor and the date of submittal. Submittals not conforming to all the foregoing or which are not marked as received for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. Contractor shall be responsible for any delay as a result of any improper submittal. (Paragraph deleted) § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them for the purpose described in Section 3.12.5, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. (Paragraphs deleted) § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved in writing by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work (e.g. design-build and/or design-assist systems delegated to the Contractor) or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of Applicable Laws. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, unless the Contract Documents otherwise specify or require, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional and who shall comply with reasonable requirements of the Owner regarding qualifications and insurance. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled 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 the performance and design criteria that such services must satisfy (unless the Contract Documents impose upon the Contractor the obligation to specify the performance or design criteria). Pursuant to this Section 3.12.10, the Architect will review and 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. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 26 § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Owner and Architect at the time and in the form specified by the Architect. § 3.12.11 The Contractor shall make submittals in the manner and number of copies specified in the Contract Documents. The Contractor shall furnish required submittals with complete information and accuracy in order to achieve required approval of an item within two (2) submittals. Owner reserves the right to charge back to the Contractor for Owner’s costs for resubmittals that account for a number greater than thirty-five percent (35%) of the total number of first-time submittals, per the approved initial submittal schedule. Owner reserves the right to charge back to the Contractor for all third submittals, provided the Contractor is at fault for the initial submittals. The number of first-time submittals shall be equal to the number of submittals agreed to by the Owner and Contractor. All costs to Owner involved with subsequent submittal of Shop Drawings, Samples or other items requiring approval will be charged back to the Contractor at the rate of 1.0 times direct technical labor cost by deducting such costs from payments due the Contractor for Work completed. In the event that the Contractor requests a substitution for a previously approved item, all of Owner’s costs in the reviewing and approval of the substitution will be back charged to the Contractor, unless the need for such substitution is beyond the control of the Contractor. § 3.12.12 The Architect’s review or approval of Shop Drawings and samples shall not be construed as authorizing additional work or increased cost to the Owner, as all changes to the Work, Contract Sum and Contract Time may only be made by a duly-executed Modification. § 3.12.13 Substitutions of material or equipment on an "or equal" basis shall not be proposed or requested in Shop Drawings or sample submittals unless (a) approval is requested within thirty (30) days after award of any subcontract, and (b) the Contractor provides the Owner and Architect with supporting data and documentation compliant with Sections 3.4.2 and 7.1.4 herein. Samples may not be employed in the Work without the expressed written permission of the Architect. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by Applicable Laws and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 As part of the Contractor’s Guaranteed Maximum Price proposal, the Contractor shall deliver to the Owner and the Architect a proposed logistics plan that, among other things, shows the proposed locations for the parking of the Contractor’s and its Subcontractors’ and suppliers’ and their respective personnel’s vehicles and the storage and staging of materials and equipment to be incorporated into, or used in connection with, the Work. Only materials and equipment that are to be used directly in the Work shall be brought to and stored on the Project site by the Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, damage, and all other adversity is solely the responsibility of the Contractor. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas adjacent to the site of the Work shall be free from all debris, building materials, and equipment likely to cause hazardous conditions. § 3.13.3 The Contractor shall use best efforts to minimize any interference with the occupancy or beneficial use of (i) any areas and buildings adjacent to the site of the Work and (ii) the building in the event of partial occupancy, as more specifically described in Section 9.9. § 3.13.4 The Contractor shall comply with all rules and regulations promulgated by the Owner and communicated to the Contractor in connection with the use and occupancy of the Project site and structures, as amended from time to time. The Contractor shall immediately notify the Owner in writing if during the performance of the Work, the Contractor finds compliance of any portion of such rules and regulations to be impracticable, setting forth the problems of such compliance and suggesting alternatives through which the same results intended by such portions of the rules and regulations can be achieved. The Owner may, in the Owner’s sole discretion, adopt such suggestions, develop new alternatives or require compliance with the existing requirements of the rules and regulations. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 27 § 3.13.5 Neither the Contractor nor any entity for whom the Contractor is responsible shall erect any sign on the Project site without the prior written consent of the Owner, which may be withheld, conditioned or delayed in the sole direction of the Owner. § 3.14 Cutting and Patching (Paragraphs deleted) § 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 and to the Owner’s and the Architect’s reasonable satisfaction. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or 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 construction by the Owner or a Separate Contractor except with the prior written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up (Paragraphs deleted) § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and 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, and, as applicable (a) remove putty stains from glazing, then wash and polish glazing; (b) remove marks, stains, fingerprints and other soil or dirt from painted, stained or decorated work; (c) remove temporary protection and clean; (d) clean and polish hardware and plumbing trim; (e) remove stains, dust, dirt, plaster and paint; (f) remove spots, soil, plaster and paint from, and clean, all marble, granite, wood work, and tile; (g) clean all fixtures and equipment, remove excess lubrication, clean light fixtures and lamps, and polish metal surfaces, (h) vacuum-clean carpeted surfaces; (i) clean windows, sliding doors and window and door frames, and (j) remove debris from drainage system, service area and service elevator. The Contractor shall be responsible for the coordination and direction of the cleanup and maintenance work of all trades. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. In the event the Owner undertakes the removal of same from the Project site, such removal will in no way qualify or limit the Contractor’s obligations under the Contract Documents, including the Contractor’s indemnity obligation under Section 3.18 hereof. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with 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 Indemnitees harmless from loss on account thereof, but shall not be responsible for 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 an infringement of a copyright or patent is discovered by, made known to, or reasonably should be known to the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Owner and Architect. § 3.18 Indemnification (Paragraphs deleted) § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and its officers, directors and employees (collectively, "Indemnitees") from liabilities, damages, losses and costs, including reasonable attorney’s fees (collectively, "Indemnity Claims"), arising out of or resulting from performance of the Work, including Indemnity Claims attributable to bodily injury, sickness, disease or death, or to damage to or destruction of tangible property (other than to the Work itself that is covered by the Owner’s property DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 28 insurance required by the Contract), but only to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of the Contract, regardless of whether or not such Indemnity Claim is caused in part by any act, omission, or default of an Indemnitee arising out of the Contract or its performance, provided that the Contractor shall not be obligated to indemnify the Indemnitees to the extent a court of competent jurisdiction determines (on a comparative negligence basis) that the Indemnity Claim was caused by the act, omission or default of an Indemnitee arising out of the Contract or its performance. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to an Indemnitee. The Owner and the Contractor acknowledge and agree that Section 725.06, Florida Statutes, does not require a monetary limitation on the extent of the indemnification provisions of this Section 3.18. If, notwithstanding this agreement, a court of competent jurisdiction determines that a monetary limitation on the extent of indemnification required under this Section 3.18 is required to make the provisions of this Section 3.18 enforceable, the specifications for the Project shall be deemed to include a monetary limitation on the extent of the indemnification required by this Section 3.18 equal to the greater of, on a per occurrence basis: (a) the Guaranteed Maximum Price, or (b) the amount of all deductibles and self-insured retentions applicable to the Contractor’s insurance policy or policies applicable to such Indemnity Claim(s) plus the amount of insurance proceeds paid or payable under the Contractor’s insurance policy or policies required to be maintained by the Contract applicable to such Indemnity Claims, and the Contractor and the Owner expressly agree that this monetary limit bears a reasonable commercial relationship to the Contract. The Contractor’s indemnification obligations under the Contract, including those in this Section, shall be deemed to fully comply with Sections 725.06 and 725.08, Florida Statutes, to the extent applicable, including any amendments thereto, in all respects. If any word, clause or provision of any of the indemnification provisions of the Contract is determined by a court of competent jurisdiction not to be in compliance with Sections 725.06 and 725.08, Florida Statutes, to the extent applicable, including any amendments thereto, it shall be deemed stricken and the remaining words, clauses, and provisions shall remain in full force and effect. To the greatest extent permitted by Applicable Laws, the Contractor waives for itself and its insurers any and all claims that the indemnification obligations under the Contract violate Applicable Laws. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. § 3.18.3 The Contractor’s indemnity obligations shall also specifically include all fines, penalties, damages, liabilities, costs, expenses (including reasonable attorneys’ fees and court costs), and punitive damages (if any) arising out of, or in connection with, any (a) violation of or failure by the Contractor or its Subcontractors to comply with any law, statute, ordinance, rule, regulation, code or requirement of a public authority that bears upon the performance of the Work by the Contractor, a Subcontractor, or any person or entity for whom any of them is responsible, (b) means, methods, techniques, procedures or sequences of execution or performance of the Work, and (c) failure to secure and pay for permits, fees, approvals, licenses, and inspections as required of the Contractor under the Contract, or any violation of any permit or other approval of a public authority applicable to the Work, by the Contractor, a Subcontractor, or any person for whom any of them is responsible. § 3.18.4 The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by the Contractor of the tender of any Indemnity Claim from an Indemnitee which under the written content of the claimant’s description of its claim reasonably appears to be within the Contractor’s indemnification obligation. By proceeding to defend an Indemnity Claim, the Contractor shall not be deemed to have admitted to an obligation to provide indemnification and defense and Contractor may provide a defense under a written reservation of rights. Should the Contractor breach its defense and indemnity obligations, the Owner may, and without relieving the Contractor of its indemnity obligations, assume any defense obligation and try or settle such claim, and the Contractor: (1) shall reimburse the Owner for all costs and expenses incurred or paid by any Indemnitee in such defense, settlement, trial or arbitration, and (2) pay any judgment or award obtained against the Indemnitees or any of them to the extent the Contractor is responsible pursuant to the Contract Documents. This provision is separate and distinct from, and in addition to, any other provision, paragraph or section in the Contract Documents, including any provision, paragraph or section concerning indemnification and procurement of insurance. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 29 § 3.18.5 In cases where more than one of the Contractor and/or any of its Subcontractors are responsible in part for an Indemnity Claim, all of such parties shall be jointly and severally responsible to the Indemnitees for the indemnification, defense and hold harmless obligations hereunder. § 3.18.6 The provisions of Sections 3.17 and 3.18 shall survive Substantial Completion and Final Completion of the Work, and the termination or expiration of this Contract, and no payment or partial payment shall waive or release any rights afforded by Sections 3.17 and 3.18. ARTICLE 4 ARCHITECT § 4.1 General (Paragraphs deleted) § 4.1.1 The "Architect" is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 At the Owner’s discretion, the duties of the Architect described herein, other than those that require licensure as an architect under applicable law, may be performed by the Owner or the Owner’s other designated representative (e.g., the role of reviewing and certifying Applications for Payment and approving Change Orders). The Owner may do so by providing the Contractor written notice of any such role which the Owner or other designated representative is to assume. Neither this nor any other provision of the Contract Documents shall be deemed to relieve the Architect of its obligations to the Owner under the separate agreement between the Owner and the Architect. § 4.2 Administration of the Contract (Paragraphs deleted) § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become familiar with the progress and quality of the portion of the Work completed, and to determine if the Work observed is being performed in a manner indicating that the Work is being performed in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall promptly notify the Architect of all communications between them that relate to or affect the Architect’s services or professional responsibilities. Communications by and with the Architect’s consultants shall be through the Architect. Contractor shall make all communications with the Owner through the Owner’s authorized representatives. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. (Paragraphs deleted) § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 30 § 4.2.6 The Architect has authority to recommend rejection of Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will recommend that the Owner require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the 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, 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, 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. Review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12 and shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. Approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 At the Owner’s request, the Architect will prepare Change Orders and Construction Change Directives, and the Architect with the Owner’s written consent may order 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 Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will provide a written opinion on 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. The Contractor shall copy the Owner’s Representative on any such written requests to the Architect submitted pursuant to this Section, and decisions of the Owner’s Representative shall take precedence over the decisions of the Architect in the event of conflict with opinions of the Architect. § 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 Owner’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. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 31 ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions (Paragraphs deleted) § 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 the subcontractors of a Separate Contractor. § 5.1.2 A "Sub-subcontractor" is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work (Paragraphs deleted) § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including, as to proposed self-performed Work the Contractor, and those who are to furnish materials or equipment fabricated to a special design. Within fourteen (14) days of receipt of the information, the Owner or Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of both the Owner and Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. The Owner’s recommendation and/or approval of a Subcontractor or supplier is for its own benefit and in no way shall make the Owner responsible for such Subcontractor or supplier or make the Owner responsible for the means and methods of performing the Work. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner and the Architect have no reasonable objection. The Contractor shall not award subcontracts to, person or entities to whom the Owner has objected. If after award of a subcontract, the Owner objects to a person of or entity to whom the Owner has previously consented, the Guaranteed Maximum Price and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Guaranteed Maximum Price or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. The Contractor shall cause the Contract to be incorporated by reference in all agreements entered into between it and its Subcontractors, such that the terms and conditions of the Contract flow down to and bind all Subcontractors, whether specifically required or not by any provision of the Contract Documents except as it relates to conditions precedent to payment terms that are more stringent than this Contract. Additionally, unless otherwise agreed by the Owner in writing, each subcontract agreement shall require or provide that: (a) nothing in the Contract Documents will create a contractual relationship between the Owner and a DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 32 Subcontractor unless the Owner elects to accept contingent assignment of the Subcontract as provided in Section 5.4 below, (b) the Owner and its successors and assigns, if any, are each intended third-party beneficiaries of the subcontract having a direct right of action against the Subcontractor for breaches of warranties; (c) the Work being performed pursuant to such subcontract, as the case may be, shall be performed in accordance with the requirements of the Contract Documents; (d) the Subcontractor shall submit Applications for Payment in form acceptable to the Owner, together with reasonable backup and supporting information, which will be consistent with each Subcontractor having a stipulated sum subcontract price and not a cost-plus subcontract price; (e) the Subcontractor’s obligations to indemnify, defend and hold harmless the Indemnitees shall be at least as broad as the Contractor’s obligations hereunder; (f) each Subcontractor shall maintain insurance coverage as provided in the Contract Documents, shall deliver to the Owner required certificates of such coverage, and, upon Owner’s request, shall provide copies of such insurance policies, and if not included in such policies, additional insured endorsements, to Owner; (g) each Subcontractor and supplier shall continue to perform under its subcontract if the Contract is terminated and if Owner takes an assignment of the subcontract or supply agreement and requests the Subcontractor or supplier to continue such performance, in which event the Subcontractors’ and vendors’ rights and claims as against the Owner shall be limited as provided below in Section 5.4.2; (h) the termination and suspension provisions set forth in Article 14 below are included; and (i) the Subcontractor shall resolve all disputes involving the Owner in the same manner as provided in the Agreement. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. The Contractor shall deliver copies of all signed subcontracts and purchase orders with Subcontractors and suppliers to the Owner promptly after the full execution thereof. § 5.4 Contingent Assignment of Subcontracts (Paragraphs deleted) § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, (a) the Owner assumes all of the Contractor’s rights under the subcontract, and (b) the Owner assumes all of the Contractor’s obligations under the subcontract that accrue after the date of assignment. The Contractor shall indemnify and hold harmless the Owner from any expenses or liability arising from or related to Work by any Subcontractor prior to the date of assignment, and from any Subcontractor rights or claims accruing prior to the date of assignment except only if and to the limited extent such Subcontractor claims include amounts the Owner undisputedly owed but failed to pay to the Contractor in accordance with the Contract. § 5.4.2 Each subcontract shall specifically provide that (a) the Owner shall only be responsible to the Subcontractor for those obligations of the Contractor that accrue subsequent to the date of assignment of such subcontract, and (b) to the fullest extent permitted by law, the Subcontractor hereby waives and releases all rights and claims against the Owner for those obligations of the Contractor that accrue prior to the date of assignment of such subcontract. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts (Paragraphs deleted) § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 33 § 6.1.2 The Owner shall require that its Separate Contractors maintain liability insurance appropriate to the work provided by such Separate Contractors in such amounts as determined by the Owner to be reasonable but similar to the requirements of the Contractor. However, nothing herein shall make the Owner responsible or liable to the Contractor for the Owner’s Separate Contractors’ failure to maintain required insurance. § 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 any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its 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 or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility (Paragraphs deleted) § 6.2.1 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. § 6.2.2 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 notify the Owner and Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Owner and Architect of apparent discrepancies or defects prior to proceeding with the Work 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. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 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 defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s: (a) delays that delay the critical path of the Work, (b) improperly timed activities that delay the critical path of the Work, and (c) damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor 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. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Owner will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General (Paragraphs deleted) § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Except as permitted in Section 7.3 and Subsection 9.7.2, a change in the Guaranteed Maximum Price or Contract Time shall be accomplished only by a Change Order. Accordingly, no course of conduct or dealings between the Parties, nor express or implied acceptance DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 34 of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or addition to the Work, whether or not there is, in fact, any unjust enrichment, shall be a basis of any claim to an increase in any amounts due under the Contract Documents or a change in any time period . § 7.1.2 A Change Order shall be based upon agreement between the Owner and Contractor. A Construction Change Directive requires agreement by the Owner and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone, subject to the Owner’s prior written approval. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.1.4 In order to facilitate checking of quotations for extras or credits, all proposals (including as part of CORs, as defined below in Section 7.5) shall be accompanied by a complete itemization of both budgeted costs and actual costs, including labor hours, labor burden and labor rates used, and material, equipment, and subcontract costs, all of which shall be broken down by CSI Division (or by line item in the approved Schedule of Values, if different) and supported by Subcontractor and supplier quotes and other actual cost documentation, and such other supporting documentation and information as reasonably requested by the Owner or the Architect. Where major cost items are subcontracts, they shall be itemized also. § 7.2 Change Orders (Paragraphs deleted) § 7.2.1 A Change Order is a written instrument prepared by the Contractor or the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Guaranteed Maximum Price; and .3 The extent of the adjustment, if any, in the Contract Time. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including all direct and indirect costs associated with such change and any and all adjustments to the GMP and Contract Time, except to the extent clearly specified otherwise in the Change Order. § 7.3 Construction Change Directives (Paragraphs deleted) § 7.3.1 A Construction Change Directive is a written order signed by the Owner and, if required by the Owner, the Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Guaranteed Maximum Price or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Guaranteed Maximum Price and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Guaranteed Maximum Price, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost of the Work for the changed Work to be determined in a manner specified in the Agreement or as otherwise agreed upon by the Parties in writing and a fixed or percentage fee as set forth in the Agreement; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Guaranteed Maximum Price, the Owner shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including an amount for the Contractor’s Fee as set forth in the Agreement. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 35 Owner may prescribe, an itemized accounting together with appropriate supporting data, including that required by Section 7.1.4. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the Cost of the Work for the changed Work as set forth in the Agreement. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15 subject to the Contractor’s compliance with notice requirements and other preconditions to and limitations on claims for adjustment in the Contract Time in the Contract. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and notify the Owner and Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Guaranteed Maximum Price or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Guaranteed Maximum Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 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 Guaranteed Maximum Price shall be actual net cost as confirmed by the Owner as set forth in Section 7.3.4 and Contractor’s Fee thereon. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for the Contractor’s Fee shall be figured on the basis of net increase or decrease 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 Owner will make an interim determination for purposes of monthly certification for payment for those costs and permit the Architect to certify for payment the amount that the Owner determines, in the Owner’s reasonable judgment, to be reasonably justified. The Owner’s interim determination of cost shall adjust the Guaranteed Maximum Price on the same basis as a Change Order, subject to the right of the Contractor 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 Owner concerning the adjustments in the Guaranteed Maximum Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Contractor, or at the Owner’s request, 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, with the Owner’s prior written approval, may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Guaranteed Maximum Price or extension of the Contract Time. § 7.5 If the Contractor becomes aware of any circumstance that may be a change in the scope of the Work, or of an act or failure to act by the Owner, the Architect, or the Owner’s other consultants, that in the Contractor’s opinion justifies a change to the Guaranteed Maximum Price or Contract Time, or if the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, then the Contractor must within five (5) business days submit a written Notice of Potential Change Order (a "PCO") to the Owner and the Architect, in the form attached as an exhibit to the Agreement, advising the Owner of the potential change and specifying the reasons for such proposed change and the anticipated time and cost impacts. The Contractor shall submit a written Rough Order of Magnitude ("ROM"), which shall include a more detailed description of the changed Work, an estimated price for such changed Work and estimated adjustment to the Contract Time related to such changed Work, together with any substantiating data required by Sections 7.1.4 or 15.1.6, or otherwise required by the Owner or the Architect, within ten (10) business days after delivery of the PCO. The Contractor shall promptly submit a written DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 36 Change Order Request ("COR"), which shall include a final detailed description of the changed Work, a final price proposal for such changed Work and any requested adjustment of the Contract Time, together with any additional substantiating data required by Sections 7.1.4 and 15.1.6 not previously delivered to the Owner, or otherwise required by the Owner or the Architect. The Contractor shall clearly label PCOs, ROMs and CORs as such when submitting them to the Owner. In the event that the scope of changed Work, the price of such changed Work and the time impact of such changed Work is known within the time for submitting an ROM, the Contractor may elect not to deliver to the Owner an ROM but rather proceed directly to the delivery to the Owner of a COR within the time for delivery of an ROM. The Contractor may request additional compensation and/or time through a COR but not for instances that the Contractor knew or reasonably should have known occurred more than twenty-one (21) calendar days prior to the date an ROM or COR (if the Contractor elects to deliver a COR within such twenty-one (21) calendar-day period) is submitted. The Contractor’s failure to deliver a ROM or COR within such periods shall be deemed a waiver of the right to adjustment of the Guaranteed Maximum Price or the Contract Time for the alleged change. Any COR that is approved by the Owner will be incorporated in a Change Order or Construction Change Directive. If the Owner determines that the Work in question is not a change in the scope of the Work and the COR is denied but the Contractor believes that it does have merit, the Contractor may submit a Claim in accordance with the procedures set forth herein. The time frames in this Section 7.5 shall control over those specified in Article 15. Further, notwithstanding anything herein to the contrary, the Contractor must comply with the provisions of this Section 7.5 as a condition to entitlement to any Claim for an increase in the Contract Time or Guaranteed Maximum Price. § 7.6 The Owner may issue a request, in writing, to the Contractor, describing a proposed change to the Work and requesting the Contractor submit an itemized proposal in a format acceptable to the Owner within ten (10) business days after the Owner issues the request. The Contractor’s proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates of costs and the Contractor’s proposed methods to minimize costs, delay and disruption to the performance of the Work. If the Contractor fails to submit a written proposal or request additional time for submitting the proposal within the 10-business day time period, then the Owner may send a subsequent written notice to the Contractor requesting the Contractor’s proposal. If the Contractor fails to submit a written proposal or request for additional time for submitting the proposal within ten (10) business days after receipt of such subsequent written notice, it shall be presumed that the change described in the Owner’s request for a proposed change will not result in a modification to the Guaranteed Maximum Price or Contract Time and the change shall be performed by the Contractor without additional compensation. The Owner’s request for a proposed change does not authorize the Contractor to commence performance of the change, unless otherwise specified in writing. If the Owner decides that the proposed change shall be performed, the Work shall be authorized according to the Change Order or Construction Change Directive procedures set forth above. § 7.7 The Contractor shall make a good faith determination of the validity of the nature and amount of changes requested by Subcontractors before passing through such requests to the Owner. It is the Contractor’s responsibility to check all Subcontractor and supplier questions for correctness, completeness, detail and fairness before submitting to the Owner. ARTICLE 8 TIME § 8.1 Definitions (Paragraphs deleted) § 8.1.1 Unless otherwise provided, "Contract Time" is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date established 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 (Paragraphs deleted) § 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. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 37 § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time and Final Completion by the Final Completion Date. § 8.2.4 In performing any critical path method (CPM) analysis relating to the Work, float or slack time ("Float") associated with one chain of activities is defined as the amount of time between earliest start date and latest start date or between earliest finish date and latest finish date for such activities, as described in the approved construction schedule for the Work, including any revisions or updates to the schedule. The Project owns the Float, which means Float is not for the exclusive use of any of the Parties and it serves whoever needs it first as long as it is used in good faith. § 8.3 Delays and Extensions of Time (Paragraphs deleted) § 8.3.1 If the Contractor is delayed at any time in the critical path of the Work by (1) an act or neglect of the Owner, a Separate Contractor, or the Architect, of an employee of either, or of a Separate Contractor; (2) changes ordered in the Work; (3) labor disputes, government shut downs for pandemics, epidemics or similar events, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) delay authorized by the Owner pending mediation and binding dispute resolution; or (5) other causes beyond the Contractor’s control that the Contractor asserts, and the Owner determines, justify delay, then the Contract Time shall be extended by Change Order or Construction Change Directive to the extent such delay will prevent the Contractor from achieving Substantial Completion within the Contract Time (or, in the case of Final Completion after having achieved Substantial Completion, delay the Contractor in achieving Final Completion by the Final Completion Date) and by exercise of reasonable diligent effort, the Contractor is unable to prevent or overcome. However, adjustments in the Contract Time (or Final Completion Date) will be permitted for a delay only to the extent such delay (a) is not caused by the acts, omissions, or other fault of the Contractor, any Subcontractors or vendors of any tier, any of their employees, or anyone else for whom any of them is responsible, and was not reasonably anticipatable by any of them at the time of execution of the Guaranteed Maximum Price amendment, (b) could not be limited or avoided by the Contractor’s timely notice to the Owner of the delay or reasonable likelihood that the delay will occur, (c) delays the critical path of the Work, and (d) written notice is provided to the Owner and the Architect in writing within five (5) business days after Contractor knows of the commencement of each such delay. For the avoidance of doubt, the preceding notice requirement only pertains to notice of the delay, not a Change Order or Claim based thereon (which Change Orders and Claims are subject to the notice provisions of Section 7.5 and Article 15). To the extent the Contractor is entitled under the Contract Documents to an extension of time due to a delay, but the performance of the Work is independently suspended, delayed, or interrupted during the same time period by a delay for which the Contractor is not entitled to an extension of time, that period of delay shall be deemed to be a "Concurrent Delay." In the case of a Concurrent Delay, the Contractor shall be entitled to an extension of the Contract Time but the Contractor shall not be entitled to any additional compensation whatsoever during the period of Concurrent Delay. The Contractor shall take all reasonable steps to mitigate the impact of any delays, however caused, regardless of whether the Contractor might otherwise be entitled to adjustment of the Contract Sum or Contract Time for such delays. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Section 7.5 and Article 15. § 8.3.3 Notwithstanding anything herein to the contrary, an adjustment in the Guaranteed Maximum Price shall only be allowed for delays for which, pursuant to Section 8.3.1, the Contractor is entitled to an extension of the Contract Time but not for Concurrent Delays, and such adjustment under or pursuant to this Section 8.3.3 shall be limited to adjustment of General Conditions Costs as provided in Section 6.1.7 of the Agreement. The Contractor waives and releases any and all other rights to reimbursement or other compensation for time related losses and expenses, whether direct or indirect, and other delay-related rights and claims, including: (1) Contractor’s Fee markup on extended General Conditions Costs, (2) loss of anticipated profit, (3) indirect expenses, (4) impact costs, (5) loss of productivity, (6) inefficiency costs, (7) home-office overhead, (8) consequential damages, including loss of bonding capacity, loss of bidding opportunities and insolvency; and (9) attorneys’ fees, claims preparation expenses, and all other costs of dispute resolution. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 38 § 8.3.4 While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for, and the Contractor shall not be entitled to, an adjustment of the GMP or to any additional costs or damages, including claims for increased or extended General Conditions Costs or any other general requirements costs, home office overhead, jobsite overhead and management or administrative costs, or compensation whatsoever for use of Float or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including delay caused by Owner. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum (Paragraphs deleted) § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values The Contractor shall submit a schedule of values to the Architect and the Owner before the first Application for Payment for the Owner’s review and approval, which shall allocate the entire Guaranteed Maximum Price to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Owner. The most recent schedule of values approved by the Owner (i.e. the "Schedule of Values") shall be used as a basis for reviewing the Contractor’s Applications for Payment. The Schedule of Values shall be updated each month by the Contractor, subject to the Owner’s review and written approval, to reflect all approved Change Orders and Construction Change Directives which may have been issued by the Owner during the period covered by the current Application for Payment. Any changes to the Schedule of Values shall be submitted to the Owner and Architect and supported by such data to substantiate its accuracy as the Owner or Architect may require. Without limiting the foregoing, Schedule of Values line items and line-item amounts shall not be modified by the Contractor unless the Owner executes a Change Order or Construction Change Directing expressly authorizing specified additions, deletions or revisions to specific Schedule of Values line items and/or line-item amounts. § 9.3 Applications for Payment (Paragraphs deleted) § 9.3.1 At the times established in the Agreement therefor, the Contractor shall submit to the Owner and Architect an itemized Application for Payment prepared in accordance with the approved Schedule of Values for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage as provided for in the Contract Documents. Upon request of the Owner, Contractor shall provide a certified statement accounting for the disbursement of funds received from the Owner, which shall itemize all disbursements to Subcontractors and suppliers and shall be accompanied by copies of Subcontractor payment vouchers, suppliers’ invoices, payrolls, and other data substantiating actual expenditures. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier because of a dispute or any other reason, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents or approved by the Owner in writing, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 39 Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment (Paragraphs deleted) § 9.4.1 The Architect will, within ten(10) days after receipt of the Contractor’s properly completed Application for Payment and all supporting documentation and information required by the Contract Documents, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole 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 in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. 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. 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 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 (Paragraphs deleted) § 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, and the Owner may withhold a payment, or because of subsequently discovered evidence, offset against any current payment otherwise due amounts previously paid, to such extent as may be necessary in the Architect’s or the Owner’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 suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price (in which event no additional payments will be due the Contractor hereunder unless and until the Contractor, at its sole cost, performs a sufficient portion of the Work so that the portion of the Guaranteed Maximum Price then remaining unpaid is sufficient to complete the Work); .5 damage to the Owner or a Separate Contractor; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 40 .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either Party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that Party may submit a Claim in accordance with Article 15. No interest shall be payable to the Contractor for amounts properly withheld pursuant to Section 9.5.1. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment, or the Owner withholds payment, under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. Further, the Owner may, in its sole discretion, issue joint checks to the Contractor and to any Subcontractor or supplier as provided in preceding Section 9.5.4, for any reason other than that specified in Section 9.5.1.3, upon five (5) days prior written notice to the Contractor. If the Owner makes payments by joint check, (a) the Owner shall notify the Architect, (b) such amount shall be credited against any payment due to the Contractor hereunder and the Owner shall be relieved and released from the obligation to make such payment to the Contractor, and (c) the Contractor shall reflect such payment on its next Application for Payment. The Owner’s reserved right to issue joint checks shall not be construed as imposing any obligation upon the Owner to do so. The Owner’s exercise of its right to make payment by joint check to particular Subcontractors or suppliers shall not be construed as imposing any obligation upon the Owner to make such payments to other Subcontractors or suppliers. The Owner’s exercise of its right to make payments by joint check to some or all Subcontractors or suppliers during particular pay periods shall not be construed as imposing any obligation upon the Owner to make such payments to such Subcontractors or suppliers for other pay periods. § 9.6 Progress Payments (Paragraphs deleted) § 9.6.1 After the Architect has issued a Certificate for Payment, subject to the satisfaction of all other conditions precedent to payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven (7) days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Guaranteed Maximum Price, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 41 herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend, indemnify and hold harmless the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If any lien or liens are claimed on the Owner’s or any other person’s or entity’s property by any person or entity as a result of the Work, to the extent of payments received by Contractor, Contractor shall cause the lien or liens to be satisfied or transferred to other security in accordance with Section 713.24, Florida Statutes. If the Contractor fails to do so within twenty (20) days after receiving notice of such lien or claim of lien, the Owner may take such action as it deems advisable to protect itself from such lien or claim of lien and the Contractor shall pay to the Owner the reasonable amounts incurred by the Owner, including reasonable attorneys’ fees in taking such protective action. The obligations of the Contractor under this Section 9.6.8 are in addition to and in no way to be construed as a limitation of the obligations of the Contractor’s or any Subcontractors’ surety under any payment bond. § 9.7 Failure of Payment § 9.7.1 If the Owner does not pay the Contractor within the time period established in the Contract Documents the undisputed amount due the Contractor, then the Contractor may, upon seven (7) days’ notice to the Owner and Architect, stop the Work until payment of the undisputed amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the reasonable amount of the Contractor’s out-of-pocket costs necessarily incurred as a direct result of shutdown, delay and start-up, subject to the preconditions and limitations of Sections 7.5, 8.3 and other provisions of the Contract. § 9.7.2 If the Owner is entitled to reimbursement or payment from the Contractor pursuant to the Contract Documents, such payment shall be made within ten (10) days after the Owner’s written demand (unless a different time for such payment is expressly provided for in the Contract Documents). Notwithstanding anything in the Contract Documents to the contrary, if the Contractor fails to timely make any payment due the Owner or if the Owner incurs any costs and expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have the right to offset such amount against the Guaranteed Maximum Price and may elect either to: (a) deduct an amount equal to that which the Owner is entitled from any payment then or thereafter due the Contractor from the Owner, or (b) issue a written notice to the Contractor reducing the Guaranteed Maximum Price by an amount equal to that which the Owner is entitled. § 9.8 Substantial Completion (Paragraphs deleted) § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can lawfully occupy or utilize the Work for its intended use without material interference from unfinished or improperly finished items of Work and the Owner has accepted the Work as evidenced by the delivery from the Owner to the Contractor of a Certificate of Acceptance in form acceptable to the Owner; provided, however, (and without limitation) as conditions precedent to Substantial Completion, (a)the Owner must have received all required permits, approvals, licenses and other documents from any authority having jurisdiction thereof necessary to allow the Owner to occupy and operate the Project for its intended use, (b) all Project systems included in the Work are operational, and (c) all necessary instruction and training has been provided to the Owner’s personnel. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to Owner and the Architect a comprehensive a proposed "Deficiency List" setting forth any items that are incomplete or found not to be done in accordance with the Contract Documents. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. In connection with the preparation of the Deficiency List, the Contractor shall communicate with applicable Subcontractors to identify and explain all items that are found to be defective, incomplete or otherwise not in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s proposed Deficiency List (as provided in Section 9.8.2 above), the Architect (and, at the Owner’s option, the Owner) will make an inspection to determine whether the Work, or designated portion DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 42 thereof, is substantially complete and make any revisions to the proposed Deficiency List determined to be necessary and issue a list as the formal punch list (the "Punch List"). If such inspection discloses any item, whether or not included on the Contractor’s Deficiency List, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall complete or correct such item upon notification by the Owner or Architect as a precondition to issuance of a Certificate of Substantial Completion. In such case, the Contractor shall then submit a request for another inspection by the Architect (and, at the Owner’s option, the Owner) to determine Substantial Completion. If more than two (2) inspections by the Architect are required for the same portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents, or more than two (2) inspections by the Architect for any portion of the Work are required to determine whether completion of the same Punch List has been achieved, the Owner may require the Contractor to pay for any extra fees charged by the Architect for such additional inspections unless such additional inspections are required due to no fault of the Contractor or those for whom the Contractor is responsible. § 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; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the Punch List accompanying the Certificate to include other items identified by the Owner or the Architect as requiring completion or correction (but minor enough so as not to preclude determination of Substantial Completion), such that the revised list does not constitute an additional punch list as defined in the Florida Prompt Payment Act. 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 the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the 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 in accordance with Section 11.1.8.3 of the Agreement. § 9.9 Partial Occupancy or Use (Paragraphs deleted) § 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 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 of the Work, which the Owner has agreed in writing to accept separately, to be substantially complete (which, without limitation, requires a temporary or permanent Certificate of Occupancy for such portion from the governing authorities having jurisdiction over the Work and that all mechanical and electrical work be complete and functional within such portion of the Work), the Contractor shall prepare and submit a list to the Owner and 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 Owner. § 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. Further, partial occupancy shall not: (1) constitute final acceptance of any Work or (2) relieve the Contractor for responsibility for loss or damage because of or arising out of defects in, or malfunctioning of, any Work, material, or equipment, nor from any other unfulfilled obligations or responsibilities under the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 43 § 9.10 Final Completion and Final Payment (Paragraphs deleted) § 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 a final Application for Payment, the Architect (and, at the Owner’s option, the Owner) will promptly make such inspection. When the Owner and Architect find 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 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 by the Architect that all conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Final payment shall not become due until all conditions precedent to final payment set forth in the Contract have occurred or been satisfied and the Contractor submits to the Owner and Architect (1) a duly executed and notarized Contractor’s Final Payment Affidavit in statutory form confirming 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, (3) a written statement that the Contractor knows of no 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, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, (6) with the Owner’s maintenance personnel, the Contractor shall have directed the checkout and/or commissioning of utilities, operations systems, and equipment for readiness, and assisted in their initial start-up and testing, and performed training as required by the Contract Documents for same (including videotaping of such training for archival purposes) and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and 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, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance 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 the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted, provided that all other conditions precedent to final payment have occurred or been satisfied. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Owner and Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances and unsettled; .2 failure of the Work to comply; .3 terms of special warranties; .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment; .5 the Contractor’s indemnification obligations under the Contract; or, .6 any of other provisions of the Contract that expressly or by their nature shall survive termination or expiration of the Contract. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 44 ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract and for providing a safe workplace for performance of the Work, including devising a Project-specific safety program with a qualified and dedicated safety representative. The review of any safety plan by the Owner or Architect shall not, and shall not be deemed to, release the Contractor or in any way diminish its liability, by way of indemnity or otherwise, as assumed by it under the Contract Documents. The Contractor expressly agrees that it is in charge of and in control of the Work and that it shall have sole exclusive responsibility to comply with the requirements of any and all Applicable Laws pertaining thereto. The Owner and the Architect are not in charge of the Work or in control of the execution of the Work. The Contractor shall, and shall cause its Subcontractors and suppliers to (in connection with any Work), comply with all Applicable Laws bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2 Safety of Persons and Property (Paragraphs deleted) § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by Applicable Laws bearing on safety of persons or property or their protection from damage, injury, or loss. Without limitation of the foregoing, the Contractor shall, and shall cause its employees, agents (including Subcontractors) and other representatives to, comply with the requirements of the Occupational Safety and Health Act of 1970, as amended, and similar Applicable Laws. The Contractor shall be deemed the "employer" within the meaning of such Applicable Laws, and neither the Owner nor its consultants shall be responsible for any OSHA non-compliance in connection with performance of the Work. The Contractor shall notify the Owner immediately in the event of an Occupational Safety and Health Administration inspection when no Owner personnel are on site. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. Further, the Contractor shall employ all necessary measures to protect adjoining adjacent property and shall provide barricades, temporary fences and covered walkways required to protect the safety of passersby, as required by prudent construction practices, the Contract Documents and Applicable Laws. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified and licensed personnel. Without limitation of the foregoing, the Contractor is solely responsible for maintaining and implementing at the Project site a "Hot Works Program" at no additional cost or charge to the Owner to fully protect against a loss resulting from work being performed that includes an open flame or producing heat or sparks, or both, including when welding, cutting, brazing, grinding, soldering, or using a torch to thaw piping or to heat material. The "Hot Works Program" shall at the very least require at a minimum precautionary safeguard checklists and proper instruction on the implementation to monitor and safeguard the area where work is being performed. § 10.2.5 The Contractor shall promptly remedy damage and loss to property referred to in Sections 10.2.1.2 and 10.2.1.3 (other than damage or loss insured under property insurance required of the Owner under the Contract Documents) caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 45 attributable to the fault or negligence of the Contractor or anyone for whom the Contractor is responsible or liable. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 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. Without limitation, when required by Applicable Laws or for the safety of the Work, the Contractor shall shore up, brace, underpin, and protect foundations and other portions of existing structures which are in any way affected by the Work. The Contractor, before commencement of any part of the Work, shall give any notices required to be given to adjoining landowners or other parties. § 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, notice of the injury or damage, whether or not insured, shall be given to the other Party within a reasonable time not exceeding ten (10) business days after discovery. The notice shall provide sufficient detail to enable the other Party to investigate the matter. Further, the Contractor shall promptly report in writing to the Owner and Architect all accidents which cause death, bodily injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious bodily injuries or serious property damage occur, the Contractor shall immediately report the accident by telephone or messenger to the Owner and Architect. § 10.3 Hazardous Materials and Substances (Paragraphs deleted) § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and otherwise concealed and not disclosed, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including 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 notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s 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 the material or substance or who are to perform the task of removal or safe containment of the 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 by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up, subject to the provisions and limitations of Articles 7 and 8. As used herein, the term "rendered harmless" shall be interpreted to mean that levels of asbestos, polychlorinated biphenyl (PCB) or any hazardous materials are less than any applicable exposure standards set forth in EPA and OSHA regulations. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, and the employees of any of them from and against claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the hazardous 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 non-compliance with Section 10.3.4 below or otherwise is due to the fault or negligence of the Contractor, Subcontractors, or the employees of any of them. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 46 § 10.3.4 The Contractor shall not knowingly use or permit the use of any hazardous substance at the Project site without the express written consent of the Owner. The Contractor agrees not to use any fill or other materials to be incorporated into the Work which are hazardous, toxic or comprised of any items that are hazardous or toxic. The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor or anyone for whom the Contractor is responsible or liable brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous 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 reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances 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 fault or negligence on the part of the Contractor or anyone for whom the Contractor is responsible, 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 reimburse the Contractor for all cost and expense thereby incurred. § 10.3.7 The Contractor shall provide the Owner with Material Safety Data Sheets for all hazardous substances prior to bringing such materials to the Project site. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act promptly, at the Contractor’s reasonable discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Articles 7, 8 and 15. § 10.5 Mold, Mildew, Fungi and Other Airborne Microbial Conditions The Contractor shall perform the Work with all reasonable steps and precautions to minimize as much as reasonably practicable potential danger to person or property exposed to mold, mildew, fungi, or other microbial conditions, including Aspergillosis ("Airborne Fungi") caused by the Contractor’s performance of the Work. Without limitation, the Contractor shall comply with all Applicable Laws relating to: (1) the inspection for, (2) testing of, and (3) control of any mold, fungi, or other microbial contamination that is created by the Contractor or anyone for whom the Contractor is responsible for during the course of the Work, without additional charge or expense to Owner. For the avoidance of doubt, Applicable Laws include: (a) all of the requirements of the current Federal Occupational Safety and Health Act ("Act"), as well as any amendments thereto and all regulations promulgated under the Act, (b) all guidelines developed by the U.S. Environmental Protection Agency, (c) all orders of public authorities having jurisdiction, (d) all statutes regulating the licensure of persons or business entities engaged in the control or remediation of mold, fungi, or other microbial contamination, and (e) the Infection Control Risk Assessment ("ICRA") standards and requirements for the Project. The Contractor shall be responsible for all damages caused by any Airborne Fungi arising from or created by the Contractor’s or its Subcontractors’ negligence or wrongful actions and shall indemnify and hold harmless Indemnitees from and against any and all claims, damages, losses or expenses, including attorneys’ fees, associated with any actual or alleged bodily injuries or property damage sustained by any person, arising out of or in consequence of Airborne Fungi to the extent caused by or created by the Contractor’s or its Subcontractors’ negligence or wrongful actions. Upon the discovery of any such contamination, the Contractor shall immediately provide written notice to Owner and any insurance carrier(s) providing applicable coverage. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds (Paragraphs deleted) § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Indemnitees shall be included as additional insureds under the Contractor’s commercial general liability policy and as DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 47 otherwise described in the Contract Documents. The amount of the insurance liability under this insurance policy shall not be reduced by the existence of other insurance. Information concerning reduction of coverage shall be furnished by the Contractor promptly but in no event later than three (3) business days after the Contractor obtains knowledge that coverage either will be reduced or has been reduced. Insurance coverage required in this Contract shall be additional security for the obligations assumed by the Contractor and in no event shall the types or limits of coverage required be deemed to limit any obligations or liabilities assumed under this Contract. The carrying of insurance shall not be deemed to release the Contractor or in any way diminish its liability or obligations, by way of indemnity or otherwise, under the Contract Documents. If the Contractor fails to purchase and maintain any insurance required under the Contract Documents, the Owner may but shall not be obligated to, upon three (3) business days prior written notice to the Contractor, purchase such insurance on behalf of the Contractor, and shall be entitled to be reimbursed by the Contractor upon demand for the costs incurred by the Owner to procure such insurance. In no event shall any failure of the Owner to receive required evidence of insurance or to demand receipt of evidence prior to the Contractor’s commencing the Work be construed as a waiver by the Owner of the Contractor’s obligations to obtain insurance pursuant to the Contract Documents. The obligation to procure and maintain insurance required by the Contract Documents is a separate responsibility of the Contractor and independent of its duty to furnish the required evidence of such insurance policies. The delivery of the required evidence of insurance is a condition precedent to the Owner’s obligation to make payments. In the event of any conflict or inconsistency in the insurance requirements of the Contractor under the Contract Documents, the Contractor shall deliver prompt written notice to the Owner, but shall provide the insurance that meets the higher standard or better quality unless otherwise agreed in writing by the Owner. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation, expiration or non-renewal of, or material adverse change to, any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 The Contractor shall cause each Subcontractor to purchase and maintain the insurance as is required of the Subcontractors under the Contract Documents. The coverage afforded under any insurance policy obtained under or pursuant to the Contract Documents shall be primary to and non-contributory with any valid and collectible insurance carried separately by any of the additional insureds. If the additional insureds have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurance liability under this insurance policy shall not be reduced by the existence of other insurance. § 11.2 Owner’s Insurance (Paragraphs deleted) § 11.2.1 The Owner shall purchase and maintain property insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in Exhibit B to the Agreement. The Owner shall purchase and maintain the required property insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of such notice from the Owner, the Contractor may delay commencement of the Work and may, after the expiration of five (5) business days’ prior written notice to the Owner, obtain insurance that will protect DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 48 the interests of the Owner, the Contractor, Subcontractors, and Sub-subcontractors in the Work. The cost of such insurance obtained by the Contractor shall be charged to the Owner by an appropriate Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto that would have been covered and paid by the insurance required of the Owner. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within five (5) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required of the Owner by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; and (2) after five (5) business days prior written notice to the Owner, obtain replacement coverage, the cost of which shall be charged to the Owner by an appropriate Change Order. § 11.3 Waivers of Subrogation (Paragraph deleted) § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent of insurance proceeds received for those losses from property insurance required by the Contract or other property insurance applicable to the Project. Notwithstanding the foregoing, the insurer providing the property insurance (including Builder’s Risk insurance) may be subrogated to all of the Owner’s rights of recovery against: (a) any architect or engineer, whether named as an insured or not, for any loss or damage arising out of the performance of professional services in their capacity as such and caused by an error, omission, deficiency or act of the architect or engineer, by any person employed by them or by any others for whose acts they are legally liable, and (b) any manufacturer or supplier of machinery, equipment or other property, whether named as an insured or not, for the cost of making good any loss or damage which said party has agreed to make good under a guarantee or warranty, whether expressed or implied. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. The foregoing waiver of subrogation is applicable regardless of whether property insurance is obtained from private sector insurer or by self-insurance programs. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. (Paragraphs deleted) § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused, except to the extent of any deductibles or self-insured retentions as provided in Section B.2.3.1.4 of Exhibit B. § 11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner in good faith for the benefit of the insureds, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 49 Subject to the foregoing, the Owner shall have the full power to adjust and settle all losses and claims under the Owner’s property insurance policy or policies. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have five (5) business days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work (Paragraphs deleted) § 12.1.1 If a portion of the Work is covered contrary to the Owner’s or Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Owner or Architect, be uncovered for the Owner’s or Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Owner, Architect, or any governing authority has not specifically requested to examine prior to its being covered, the Owner, the Architect, or any governing authority may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, remove from the Project site, or commence removal to the extent such removal cannot reasonably be completed within such time, of any Work that the Owner rejects as unsound or improper or in any way fails to meet the requirements of the Contract Documents, discovered before 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. If the Contractor fails to timely take such corrective action, the Owner shall have the right to do so. Costs of such corrective action, including additional testing and inspections, the cost of uncovering and replacement, and reasonable compensation for the Architect’s and the Owner’s other consultants’ services and expenses made necessary thereby shall be deducted from payments then or thereafter due the Contractor. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner promptly upon demand. § 12.2.2 After Substantial Completion (Paragraphs deleted) § 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 any applicable 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, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, commence correction and thereafter diligently prosecute such correction to completion. Without limitation, the Contractor shall provide all labor, engineering, supervision, equipment, tools, and materials necessary to effect the remedy and shall bear all of the Contractor’s expenses in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 50 connection therewith. The cost of all work incidental to such remedy, including the removal, replacement, or installation of conforming Work or materials or equipment, and the cost of transporting required items to and from the site, shall be borne solely by the Contractor. Contractor also shall, at no cost to the Owner, perform such tests as Owner may require verifying the corrected or re-performed Work or the repaired, replaced, or modified item of material or equipment is satisfactory. If the Contractor fails to fully and timely correct nonconforming Work as provided herein, the Owner may correct it in accordance with Section 2.5. § 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. The Contractor’s obligations under Section 12.2 shall survive acceptance of the Work under the Contract and termination of the Contract. § 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. (Paragraphs deleted) § 12.2.3 The Contractor shall, within twenty-four (24) hours in the event of an emergency threatening imminent harm to person or property or, otherwise, within seven (7) days of receipt of notice from the Owner, remove from the site, or commence removal to the extent such removal cannot reasonably be completed within such time, portions of the Work that are defective or otherwise not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner in writing. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, 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 The remedies expressed herein are cumulative and in addition to any other right or remedy available to the Owner under statute or Applicable Laws. 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 Guaranteed Maximum Price will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. § 13.2 Successors and Assigns (Paragraphs deleted) § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither Party shall assign the Contract as a whole without written consent of the other. If either Party attempts to make an assignment without such consent such assignment shall be void and the Party attempting to assign the Contract, or portion thereof, shall nevertheless remain legally responsible for all obligations under the Contract. Further, the Contractor may not assign any monies due to it under the Contract without the prior written consent of the Owner. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 51 § 13.2.2 Prior to final payment, the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner’s rights and obligations under the Contract Documents. After final payment, the Owner may assign the Contract and its rights under it, in whole or in part, without the Contractor’s consent. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies (Paragraphs deleted) § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections (Paragraphs deleted) § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by Applicable Laws. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Owner and Architect timely notice of when and where tests and inspections are to be made so that the Owner and/or Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or other Applicable Laws so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect or Owner will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Owner and Architect of when and where tests and inspections are to be made so that the Owner and/or Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work, or materials to be incorporated into the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates and reports of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Owner and Architect. § 13.4.5 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. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate established by Applicable Laws. § 13.6 Survival All of the Contractor’s representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 52 ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor (Paragraphs deleted) § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of thirty (30) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, 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. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work (a) suspension of the entire Work by the Owner as described in Section 14.3 continues for more than one hundred twenty (120) consecutive days, or (b) issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped, in the aggregate, more than 100 percent of the total number of days scheduled for completion. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven (7) days’ additional notice to the Owner and Architect, terminate the Contract and shall, as the Contractor’s sole remedy, receive payment for unpaid amounts for Work executed based on the Cost of the Work plus the Contractor’s Fee thereon at the percentage rate specified in Section 6.1.2 of the Agreement (or if the Contractor’s Fee is a lump sum, a percentage of the Contractor’s Fee equal to the percentage completion of the Work). Further the Contractor shall be entitled to recover reasonable costs of demobilization, re-stocking fees, purchase order cancellation fees and similar direct costs of termination. The Owner shall be credited for (i) payments previously made to the Contractor for the terminated portion of the Work, (ii) claims which the Owner has against the Contractor under the Contract, and (iii) the value of the materials, supplies, equipment and other items that are part of the Contract Sum but are not fully consumed in the performance of the Work (and are not transferred to the Owner in accordance with the Owner’s instructions, if the Owner so elects). Upon termination pursuant to this Section and payment of the amounts owing the Contractor, the Owner shall have no further obligation to the Contractor. The Owner shall in no event be liable to the Contractor for any unabsorbed overhead or unrealized profits with respect to the terminated Work. § 14.1.4 If the Work is stopped for a period of one hundred twenty (120) consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work 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 (7) additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause (Paragraphs deleted) § 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 or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards Applicable Laws; .4 is adjudged a bankrupt, files for bankruptcy protection, or makes a general assignment for the benefit of its creditors, if a receiver is appointed on account of insolvency, or in the event of other evidence of the Contractor’s insolvency; .5 fails to prosecute the Work to completion in a diligent and timely manner and in accordance with the provisions of the Contract Documents; .6 fails or refuses to provide insurance or proof of insurance as required by the Contract Documents; or .7 otherwise is guilty of a material or substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven (7) days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 53 .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 The Owner may withhold payments to the Contractor until the Work is fully completed, and shall thereafter pay the Contractor for the Work the Contractor satisfactorily completed prior to termination, less cost and damages incurred by the Owner as a result of the Contractor’s default. If the costs and damages incurred by the Owner as a result of the Contractor’s default exceed the unpaid balance otherwise due to the Contractor, the Contractor shall pay the difference to the Owner with interest thereon at the rate at the legal rate prevailing from time to time at the place where the Project is located. This obligation for payment shall survive termination of the Contract. Nothing herein shall be deemed to limit the Owner’s rights at law or in equity. § 14.3 Suspension by the Owner for Convenience (Paragraphs deleted) § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. Upon receipt of a written notice, Contractor shall proceed with the orderly cessation of the Work to accomplish such suspension and take steps as well to protect and preserve the Work completed and permit the resumption of the Work if and when directed by the Owner. In this regard, the Contractor shall cooperate with the Owner in good faith and minimize the Cost of Work that accrues during the period of suspension. § 14.3.2 The Contractor shall promptly recommence the Work upon written notice from Owner directing Contractor to resume the Work. The Guaranteed Maximum Price and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1; provided, however, that adjustment of the Guaranteed Maximum Price shall include only reasonable out-of-pocket costs, including, General Conditions Costs, necessarily incurred by the Contractor for demobilization, remobilization, and protection of the Work during the suspension, and those General Condition Costs that will continue to accrue during the period of the suspension. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience (Paragraphs deleted) § 14.4.1 The Owner may, at any time at the Owner’s sole discretion, terminate the Contract, in whole or in part, for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders; .4 transfer title and deliver to Owner Work in progress, specialized equipment procured for the project, the As-Built Drawings and Record Documents; and .5 except for Work directed by the Owner to be performed, incur no further costs or expenses. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall, as the Contractor’s sole remedy, pay the Contractor for (a) unpaid Costs of the Work properly completed prior to the effective date of termination, together with direct costs incurred by reason of the termination, including costs attributable to termination of Subcontracts (b) Contractor’s Fee thereon at the percentage rate specified in Section 6.1.2 of the Agreement (or if the Contractor’s Fee is a lump sum, a percentage of the Contractor’s Fee equal to the percentage completion of the entire Work), and (c) the Costs of the Work for items properly and timely fabricated off the Project site, delivered and stored DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 54 in accordance with the Owner’s instructions. The Cost of the Work to be paid the Contractor as provided herein shall be the amount determined by audit of the Contractor’s records. The Contractor’s invoice for compensation in the event of termination must be supported by sufficient records and documentation to enable the Owner and its auditors to verify all amounts claimed by the Contractor. The Owner shall be credited for (i) payments previously made to the contractor for the terminated portion of the Work, (ii) claims which the Owner has against the Contractor under the Contract, and (iii) the value of the materials, supplies, equipment and other items that are to be disposed of by the Contractor that are part of the Guaranteed Maximum Price. Upon termination pursuant to this Section and payment of the amounts owing the Contractor, the Owner shall have no further obligation to the Contractor. The Owner shall in no event be liable to the Contractor for any unabsorbed overhead or unrealized profits with respect to the terminated Work. § 14.4.4 If the Owner terminates the Contract for cause (as distinguished from termination for its convenience) and it shall be determined that the Owner’s termination was unjustified, such termination shall be deemed to have been a termination for the Owner’s convenience under Section 14.4 hereof, and the Contractor’s sole rights, remedy and recourse shall be governed and determined by this Section 14.4. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A "Claim" is a demand or assertion by one of the Parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract; provided, however, a request for a Change Order shall not constitute a Claim (and a request for a Change Order shall be governed by the provisions of Article 7 hereof). The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the Party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law. § 15.1.3 Notice of Claims (Paragraphs deleted) § 15.1.3.1 Claims by the Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the Owner and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Unless a shorter period of time is specified elsewhere herein, Claims by the Contractor under this Section 15.1.3.1 shall be initiated within ten (10) business days after occurrence of the event giving rise to such Claim or within ten (10) business days after the Contractor first recognizes or reasonably should have recognized the condition giving rise to the Claim, whichever is later. Denial in whole or part of a COR submitted in accordance with Section 7.5 shall be deemed the occurrence of the event giving rise to a Claim for any adjustment of the Contract Sum or Contract Time sought in the COR but denied in whole or in part. For the avoidance of doubt, the Contractor shall be deemed to waive any Claims for adjustment of the Contract Sum or Contract Time: (a) which the Contractor sought via COR that was denied and as to which the Contractor did not submit a Claim within ten (10) business days thereafter; (b) which the Contractor failed to timely and properly request as provided in Section 7.5; and (c) based on changes in the Work or other events or circumstances for which a Change Order was previously executed. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other Party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance (Paragraphs deleted) § 15.1.4.1 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 of undisputed amounts due in accordance with the Contract Documents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 55 § 15.1.4.2 The Guaranteed Maximum Price and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either Party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Guaranteed Maximum Price, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4, provided that notice shall be given as soon as is reasonably practicable. The costs to the Contractor of preparing and negotiating PCOs, ROMs, CORs, and Claims shall not be reimbursable under this Contract. § 15.1.6 Claims for Additional Time (Paragraphs deleted) § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 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. Further, with Claims for additional time, the Contractor shall submit all of the following, without limitation of other requirements under the Contract: (a) the Contractor’s PCO, ROM and COR per Section 7.5; (b) the approved, as planned construction schedule in accordance with Section 3.10; (c) identification and explanation of the basis for (i) the duration start and finish dates of each impacted activity, (ii) the successor and predecessor events affected in the construction schedule, and (iii) the duration of any lead/lags inserted into the construction schedule and the duration-related activity duration; and (d) a mark-up construction schedule indicating the causes responsible for changes between the as-planned and as-built schedule and establishing the required cause and effect relationships. In the case of an acceleration Claim in connection with the exercise of the Owner’s rights to require the Contractor to implement Extraordinary Measures for which the Contractor is entitled to an increase in the GMP pursuant to Section 3.10.4, the Contractor also shall submit other documentation for typical acceleration consequences, including comparison of anticipated manpower, equipment and material utilization, increased levels of manpower/overtime, and duplicated sets of equipment or materials, indicating the acceleration that occurred. A detailed explanation of how the planned manpower/equipment levels could have achieved the planned schedule and a comparison of the levels actually consumed in performing the work must be included in the Claim. § 15.1.6.2 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. Only unusual or severe weather conditions for the time of year will be considered as a potential justification for a delay in the completion of the Work and the Contractor agrees than an extension of time will only be granted for actual days lost due to adverse weather conditions that are in excess of the normal days lost due to inclement for the given period, and then only if the excessive actual days lost due to adverse weather conditions negatively impact the critical path of the Project. No extension will be requested for days of adverse weather conditions occurring after the building or buildings are enclosed, unless the exterior site work remains on the critical path to construction completion. Lost time resultant from the preparation for, during and after a named storm event shall be a basis for time extension. § 15.1.6.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the basis for the Claim, the date upon which each cause of delay began to affect the progress of the Work, the date upon which each cause of delay ceased to affect the progress of the Work and the number of days’ increase in the Contract Time claimed as a consequence of each such cause of delay. The Contractor shall provide such supporting documentation as the Owner may require including, where appropriate, a revised construction schedule indicating all the activities affected by the circumstances forming the basis of the Claim. § 15.1.6.4 The Contractor shall not be entitled to a separate increase in the Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on the progress of the Work. § 15.1.7 Waiver of 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 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 56 .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 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. Additionally, and notwithstanding anything to the contrary herein, the Parties expressly acknowledge and agree that this waiver of claims for consequential damages does not apply to any damages, liabilities, costs or expenses: (i) proximately caused by either Party’s fraud, gross negligence or willful misconduct, (ii) covered by insurance required to be maintained by the Contractor or Owner, or (iii) for which the Contractor has an indemnification obligation under the Contract. § 15.2 Initial Decision (Paragraphs deleted) § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, 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. If an initial decision has not been rendered within thirty (30) days after the Claim has been referred to the Initial Decision Maker, the Party asserting the Claim may demand mediation and binding dispute resolution without a 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 (10) 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. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either Party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a Party to provide a response to a Claim or to furnish additional supporting data, such Party shall respond, within ten (10) days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the Parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Guaranteed Maximum Price or Contract Time or both. The initial decision shall be final and binding on the Parties but subject to mediation and, if the Parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either Party may file for mediation of an initial decision at any time. § 15.2.6.1 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:16:36 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1281444406) 57 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the Party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation (Paragraphs deleted) § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.5 and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. (Paragraph deleted) § 15.3.2 The Parties shall endeavor to resolve their Claims by mediation which, unless the Parties mutually agree otherwise, shall be administered by a Florida Circuit Certified Civil Mediator who is a Florida licensed attorney with at least ten (10) years’ experience and who is mutually acceptable to both the Owner and the Contractor. In the event that the Parties fail to agree in writing on a mediator within fifteen (15) days after a request for mediation is made pursuant to this Section, then the mediation shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other Party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the Parties or court order. (Paragraph deleted) § 15.3.3 Intentionally deleted (Paragraph deleted) § 15.3.4 The Parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraph deleted) § 15.4 Intentionally deleted § 15.4.1 Intentionally deleted. § 15.4.1.1 Intentionally deleted. § 15.4.2 Intentionally deleted. § 15.4.3 Intentionally deleted. § 15.4.4 Intentionally deleted § 15.4.4.1 Intentionally deleted. § 15.4.4.2 Intentionally deleted. § 15.4.4.3 Intentionally deleted. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 43 Exhibit D Owner’s Preliminary Program (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 CLEARWATER CITY HALLCONCEPTUAL DESIGN OPTIONS August 11, 2023 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 CONCEPTUAL SITE PLAN Total GSF: 41,679SF OPTION 2A: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OVERALL SITE VIEW OPTION 2A DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A PUBLIC PLAZA VIEW DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A SCREEN CONCEPT DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A PUBLIC PLAZA ENTRANCE DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A MYRTLE AVENUE VIEW DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A Level 1 . BREAK ROOM 251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SF PUBLICHR 7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS 3500 SF TRAINING (2) 1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM 251 SF CONFERENCE 192 SF PRINT 120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A LEVEL 1 - LOBBY DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A Level 2 . CITY ATTORNEY 4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK 2000 SF S CHAMBER 2400 SF OPEN TO BELOW WC WC PRE- FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING 150 SF CONFERENCE 612 SF CONFERENCE 308 SF CONFERENCE 192 SF CONFERENCE 142 SF PRINT 120 SF CONFERENCE 142 SF BREAK ROOM251 SF RECEPTION 200 SF WAITING 150 SF PRINT 120 SFCIRCULATION CIRCULATION DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 OPTION 2A Level 3 . CHAMBER BELOW ROOF S WC WC ROOF-TOP EXTERIOR GATHERING SPACE 1000 SF DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATIONCITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 . OPTION 2A OVERALL BUILDING SIZE: Total GSF: 41,679 SF BREAK ROOM251 SF CONFERENCE 142 SF PRINT120 SF RECEPTION300 SF CONFERENCE 308 SFPUBLICHR7000 SF SS BOH 2000 SF PUBLIC COMMUNICATIONS 3500 SF TRAINING (2)1900 SF LOBBY WC WC RECEPTION RECEPTION300 SF CONFERENCE 152 SF CONFERENCE192 SF BOARD ROOM600 SF BREAK ROOM251 SF CONFERENCE 192 SF PRINT120 SF ENTRANCE GRAND STAIRS MYRTLE ENTRANCE CITY ATTORNEY4200 SF COUNCIL 1800 SF CITY MANAGER 3800 SF CITY CLERK 2000 SF S CHAMBER 2400 SF OPEN TO BELOW WC WC PRE- FUNCTION S CONFERENCE308 SF RECEPTION300 SF WAITING150 SF CONFERENCE612 SF CONFERENCE308 SF CONFERENCE 192 SF CONFERENCE142 SF PRINT120 SF CONFERENCE142 SF BREAK ROOM251 SF RECEPTION200 SF WAITING150 SF PRINT120 SFCIRCULATION CIRCULATION CHAMBER BELOW ROOF S WC WC ROOF-TOPEXTERIOR GATHERING SPACE1000 SF Level 1 Level 2 Level 3 DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY DEPARTMENT LEGEND BACK OF HOUSE LEVEL 1 LEVEL 2 CITY MANAGER COUNCIL PUBLIC COMMUNICATION CITY CLERK ATTORNEY LEVEL 3 HUMAN RESOURCES BALCONY CONCEPTUAL FLOOR PLANSDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 44 Exhibit E Schedule of Key Personnel (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Exhibit E - Key Personnel PERSONNEL - At Project Site Principal In Charge Bill Byrne Operations Manager Tim Sewell Sr. Project Manager Chris Brown Project Manager TBD Assistant Project Manager Brady Baldree Project Engineer TBD General Superintendent Rick Guerra Sr. Project Superintendent Donnie Roberts Project Superintendent Mike McKnight MEP Superintendent Tim Hurst Safety Director / Inspector Frank Quarrella Project Secretary TBD Home Office Secretary *Paula Gresham Project Accountant *TBD Precon Manager *Mike Dumas BIM Manager *Sean Akkvan Estimator *Kristi Sharpe Chief Estimator *Jeff Stephenson *Denotes Personnel Assigned at Home/Branch Office DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 45 Exhibit F Schedule of General Conditions Costs On-Site Project Management Staff Safety Coordinator/Assistant(s) Office Engineer Superintendent, Assistant Superintendent, MEP Superintendent Project M anager, Asst. Project Manager, Project Engineer On and Off-Site Project Support and oversight Staff Superintendent/Supervisor Vehicle and Vehicle Allowances Jobsite Related Travel & Per Diem Temporary Project Utilities Dumpsters Project Electricity through substantial completion. Monthly Hardwire Telephone I Internet Service Street Rental and Barricades Fencing Temporary Electrical Distribution and Meters Temporary Water Distribution and Meters Site Erosion Control (BMP) and Project Entrance(s) Project Water Temporary Toilets Temporary Fire Protection Temporary Fencing and Windscreen / Visual Barrier Field Offices & Office Supplies Specific Signage Postage/Special Shipping Project/As-Built Drawings in .pdf format Contractor Move-In/Out and Office S etup Employee Identification System Monthly Office Trailer Rental & Setup Mobilization and Demobilization (General Requirement Equipment Only) Office Supplies Office Equipment (Computers / Cell Phones / Copiers / etc.) Office Furniture Data Processing Materials Software licenses and User Fees Remote Reference Manuals Security System Contractor Drinking Water and Accessories Field Support and Logistics Carpenter / Laborer Construction Clean up and Clean up specific Equipment Temporary Handrails Temporary Dry-in Temporary Doors Security/Watchman Safety Material and Equipment Temporary Roof Access Tower / Rails Material Handling & Distribution Offsite Parking / Material Storage Layout Equipment and Labor DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 46 Finishes Protection Small Tools Equipment Storage Equipment Transport Specific justification and all estimated costs shall be submitted and approved by the Owner prior to any travel, expenditure or event. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 47 Exhibit G Form of Purchase Order for Direct Purchase Materials (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 48 Exhibit H Not Used DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 49 Exhibit I Truth in Negotiation Certificate (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 50 Exhibit J Public Construction Bond Bond No.: ________________ PUBLIC CONSTRUCTION BOND (1) This bond is given to comply with § 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in subsections (2) and (10). Pursuant to § 255.05(1)(b), Florida Statutes, "Before commencing the work or before recommencing the work after a default or abandonment, the contractor shall provide to the public entity a certified copy of the recorded bond. Notwithstanding the terms of the contract or any other law governing prompt payment for construction services, the public entity may not make a payment to the contractor until the contractor has complied with this paragraph." CONTRACTOR SURETY OWNER [name] [principal business address] [phone number] [name] [principal business address] [phone number] City of Clearwater Engineering 100 S. Myrtle Avenue Clearwater, FL 33756 (727) 562-4750 PROJECT NAME: [project name] PROJECT NO.: [project number] PROJECT DESCRIPTION: [A description of the project sufficient to identify it, such as a legal description or the street address of the property being improved, and a general description of the improvement] BY THIS BOND, We, __________________________________, as Contractor, and __________________________________________________, a corporation, as Surety, are bound to the City of Clearwater, Florida, herein called Owner, in the sum of $[x,xxx,xxx.xx], for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the contract dated _________________, between Contractor and Owner for construction of [project name], the contract documents being made a part of this bond by reference (which include the Advertisement for Bids, Proposal, Contract, Surety Bond, Instructions to Bidders, General Conditions, Plans, Technical Specifications and Appendix, and such alterations as may be made in said Plans and Specifications as therein provided for), at the times and in the manner prescribed in the contract; and 2.Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Contractor with labor, materials, or supplies, used directly or indirectly by Contractor in the prosecution of the work provided for in the contract; and DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 51 Bond No.:________________ PUBLIC CONSTRUCTION BOND (2) 3. Pays Owner all losses, damages, expenses, costs, and attorney’s fees, including appellate proceedings, that Owner sustains because of a default by Contractor under the contract; and 4. To the limits of § 725.06(2), Florida Statutes, shall indemnify and hold harmless Owner, their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of the construction contract; and 5. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise, it remains in full force. 6. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 7. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety’s obligation under this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this __________ day of ________________, 20___. (If sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). [TYPE LEGAL NAME OF CONTRACTOR] By: ____________________________ Title: ____________________________ Print Name: ____________________________ WITNESS: WITNESS: _______________________________________ _______________________________________ Corporate Secretary or Witness Print Name: ____________________________ Print Name: _____________________________ (affix corporate seal)_______________________________________ (Corporate Surety) By: _________________________________ ATTORNEY-IN-FACT Print Name: ___________________________ (affix corporate seal) (Power of Attorney must be attached) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 52 Exhibit K Consent of Surety to Final Payment CONSENT OF SURETY TO FINAL PAYMENT TO OWNER:City of Clearwater PROJECT NAME: [__________] (Row deleted) [Dept. owning project]PROJECT NO.: [__________] 100 S. Myrtle Ave.CONTRACT DATE: [__________] Clearwater, FL 33756 BOND NO.: [__________], recorded in O.R. Book [____], Page [____], of the Public Records of Pinellas County, Florida. CONTRACTOR: [__________] Pursuant to § 255.05(11), Florida Statutes, and in accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the: [insert name of Surety] [address] [address],SURETY, on bond of [insert name of Contractor] [address] [address],CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve Surety of any of its obligations to City of Clearwater [Dept. owning project] 100 S. Myrtle Ave. Clearwater, FL 33756 ,OWNER, as set forth in said Surety’s bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand this ___ day of ___________, ______ __________________________________________ (Surety) __________________________________________ (Signature of authorized representative) __________________________________________ (Printed name and title) Attest: (Seal): DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 53 Exhibit L Non-Collusion Affidavit (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 54 Exhibit M Scrutinized Companies Forms (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 55 Exhibit N Verification of Employment Eligibility (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 56 Exhibit O Pinellas County Construction Licensing Board Certifications/FDBPR Licenses (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESWELLS, APPLING SPEAKES VDo not alter this document in any form.AJAX BUILDING COMPANY, LLCLICENSE NUMBER: CGC1520391EXPIRATION DATE: AUGUST 31, 2024This is your license. It is unlawful for anyone other than the licensee to use this document.1080 COMMERCE BOULEVARDMIDWAY FL 32343Always verify licenses online at MyFloridaLicense.comDocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 57 Exhibit P City of Clearwater Technical Specifications The City of Clearwater Technical Specifications can be found online at: https://www.myclearwater.com/files/sharedassets/public/v/1/engineering/documents/sectioniv.docx and are hereby incorporated herein by reference. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 58 Exhibit Q City of Clearwater Greenprint 2.0 Requirements (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Clearwater Greenprint 2.0 Competitive. Vibrant. Green. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page i ) Clearwater Greenprint 2.0 This Climate Action Plan was developed using a template provided by ICLEI – Local Governments for Sustainability, USA. This template and its appendices were published in April 2018. The icons are licensed under Creative Commons Attribution 3.0 imported from Smashing Magazine. City of Clearwater City Council • Frank Hibbard — Mayor, Seat 1 • Mark Bunker — Councilmember, Seat 2 • Kathleen Beckman — Councilmember, Seat 3 • David Allbritton — Councilmember, Seat 4 • Hoyt Hamilton — Councilmember, Seat 5 City Administration • Bill Horne — City Manager • Micah Maxwell — Assistant City Manager • Michael Delk — Assistant City Manager 2021 Clearwater Greenprint Update Contributors • Lauren Matzke – Assistant Director of Planning and Development • Heather Parsons – Senior Public Information Coordinator • Sheridan Boyle – Sustainability Coordinator 2021 Consultants • WGI, Inc. • PFM Group Consulting LLC 2011 Greenprint Stakeholder Steering Committee • Richard Adelson • Ronald Altic • Lidiya Angelova • Cory Brennan • George D. Davis III • Chris Dulligan • Blain Enderle • Michael Engelmann • Jason Green • Marc Hayes • Michael Henkel • Mike Flanery • Dr. Marcus Milnes • Elvira Morgan • Mary Marrow • JoAnna Siskin • Dr. Joseph Smiley • R. Peter Stasis • Alexander Todrow • John Ungerer • Thomas Wright 2011 Greenprint Technical Advisory Staff • Nan Bennett • Paul Bertels • Tracey Bruch • Rick Carnley • Kristi Cheatham • Glenn Daniel • Allen Del Prete • Leslie Dougall-Sides • Bennett Elbo • Kevin Garriott • Diane Hufford • Sarah Josuns • Brian Langille • Felicia Leonard • Heather Parsons • Himanshu Patni • John Pittman • Clement Vericker 2011 Greenprint Consultants • Renaissance Planning Group • ECO2ASSET SOLUTIONS 2018 Greenhouse Gas inventory assistance from ICLEI, Local Governments for Sustainability. Front cover image provided by the Spring Branch Neighborhood and Park Association. Credits and Acknowledgements DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page ii ) Clearwater Greenprint 2.0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page iii ) Clearwater Greenprint 2.0 Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 1 ) Clearwater Greenprint 2.0 Affordable Housing housing in which the occupant pays no more than 30% of their gross income in housing costs Biomass plant or animal material that is used to produce energy Bioswale ground channels that are typically vegetated and designed to gather and transfer stormwater runoff while removing debris and pollution from the water Brownfield previously developed land, usually with prior industrial uses, that is not currently in use and may be contaminated with potentially hazardous waste Bus Rapid Transit (BRT) a bus-based public transportation system that has been designed to improve the reliability of bus services. Climate Adaptation as defined by the Intergovernmental Panel on Climate Change (IPCC), it is the process of adjusting to an actual or expected climate and its effects with the ultimate goal of moderating or avoiding harm Climate Change a long-term change in average global or regional climate patterns. This term specifically refers to the change noted in the late 20th century and scientific projections of continued change in the future. Climate Change is largely attributed to the increased levels of atmospheric greenhouse gases due to human activity Climate Mitigation the act of limiting the magnitude or rate of climate change, generally done by reducing greenhouse gas emissions from human activity Compostable materials that can break down naturally into organic matter to create nutrient-rich soil Complete Street streets designed and operated to prioritize safety, comfort, and access to destinations for all people who use the street, especially people who have experienced systemic underinvestment or whose needs have not been met through a traditional transportation approach Congestion an excess number of vehicles on a portion of roadway at a particular time that results in slower than normal flow of traffic Critical Infrastructure the physical and digital systems and assets that are so vital to the community that their incapacity or destruction would have a debilitating impact on physical or economic security or public health or safety Energy Efficiency technology that reduces the energy needed to produce a desired effect Environmental Justice (EJ) as defined by the Environmental Protection Agency, it is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies Green Glossary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 2 ) Clearwater Greenprint 2.0 Equity shared economic, legal, environmental, and developmental rights of access to collective resources amongst all people within a society Food Security the state of having reliable access to affordable, nutritious, and sufficient food Foodshed a geographic area that produces the food for a specific population Fossil fuels fuels created by the anerobic breakdown of dead organisms that release energy when combusted, these include fuels such as gasoline, oil, and coal Gentrification a process in which lower-income areas of a community experience an increase in middle class to wealthy land buyers who renovate homes and businesses, resulting in an increase in property values and the displacement of lower income residents who have historically lived or owned land in the area of interest Greenhouse Gas Emissions (GHGs) any gas that is capable of absorbing heat energy from earth surface and readmitting that heat back to earth’s surface, creating a “greenhouse effect”. The most common greenhouse gases include carbon dioxide, methane, nitrous oxide, and fluorinated gases. Greenspace an area within an urban environment that is mostly vegetation (such as grass, trees, wildflowers, shrubs, etc.) and is set apart for ecological, recreational, or aesthetic purposes Greyfield land that contains a large structure, like a shopping mall or commercial facility, that has been abandoned Invasive Species an organism that is introduced to a new area and causes ecological harm within its new environment Livability all of the factors that comprise a community’s quality of life, which may include both the built and natural environments as well as economic prosperity, social stability and equity, educational opportunity, and cultural, entertainment and recreation possibilities Local Food food that is produced within a short distance of where it is consumed Municipal relating to a local governing body such as city, town, or village Native Plant a plant species that is indigenous to a specific area, meaning it has occurred naturally in that area for a long time Ocean-friendly an item or business that reduces or eliminates the use of single use plastics such as plastic bags, Styrofoam, plastic straws, and so on Organic Waste material that naturally breaks down and comes from a plant or animal Photovoltaic (PV) Systems systems that collect and concentrate sunlight to produce the heat needed to generate electricity Public Transit a system of transportation available to the general public in which groups of people travel on established routes and schedules DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 3 ) Clearwater Greenprint 2.0 Public-private Partnerships a cooperative arrangement between two or more organizations within the public and private sectors, usually between a governing body and a business, that works to complete a project or provide services to a community Recycling the process of collecting and processing materials that would otherwise be thrown away and turning them into new products benefiting the community and the environment Re-commissioning a structured process of testing a facility’s systems and equipment to ensure they are functioning efficiently Redevelopment the process of changing a property or an area of a city by replacing old structures (such as buildings, roads, etc.) with new ones Remediation the removal of contaminants from soil, groundwater, sediment, or another environmental substance Renewable Energy energy from a source that is not depleted when used (such as wind or solar power) Resilience the ability of a piece of infrastructure, system, environment, or community to sustain or recover its essential functions when presented with a disruption Retrofit the process of modifying something after it has been constructed Sea Level Rise a global phenomenon in which global warming causes an increase in volume and quantity of water in the world’s oceans. Thought it occurs globally, symptoms of sea level rise can vary based on geographic location Sequester (carbon) the process by which atmospheric carbon dioxide is taken up by trees, grasses, and other plants through photosynthesis and stored as carbon in biomass (trunks, branches, foliage, and roots) and soils Solid Waste a waste type that consists of everyday items discarded by the public, also called garbage or trash Stormwater surface water that is produced in excess due to heavy rainfall Sustainability meeting current needs without compromising the ability of future generations to meet their own needs Trip a one-way person movement by a mechanized mode of transport Triple Bottom Line a measurement of the financial, social, and environmental performance of an organization Urban Agriculture the process of growing, processing, and distributing food within or near highly populated areas Vehicle Miles Traveled (VMT) a measurement of the amount of travel all vehicles within a specific geographic region performed within a given time period (generally one year) Vulnerability Assessment the process of defining identifying, classifying, and prioritizing different parts of a system that may be adversely affected during a hazardous event Wastewater water that was previously used in a home, business, or industrial facility DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 4 ) Clearwater Greenprint 2.0 In 2011, Clearwater Greenprint was adopted through the help of many residents, businesses, and city staff members. Clearwater Greenprint creates a vision to make the city of Clearwater a vibrant community for current residents and future generations. In 2021, Clearwater Greenprint 2.0 was published to advance that vision. While this Executive Summary provides a quick overview of the contents of the Clearwater Greenprint, it cannot be substituted for the main document. • Defines sustainability, resilience, adaptation, mitigation, and other pertinent terms, and discusses their relevance to the document • Communicates results of the 2010 and 2019 Greenhouse Gas Inventories • Includes projections for business-as-usual emissions and emissions with interventions by Duke Energy • Defines overarching Goals and Objectives for the city of Clearwater to mitigate climate change impacts, actualize adaptation measures, and improve local resilience • Defines Target Timelines for more specific reductions toward accomplishment of overarching Goals and Objectives • Provides reader-friendly Strategies toward compliance with Target Timelines • Expounds on specific actions and identifies assumptions and limitations associated with accomplishment of Strategies in Implementation and Measurement Methodologies • Sources input on relative cost and benefit from staff • Gauges staff’s perception of specific actions’ efficacy Executive Summary DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 5 ) Clearwater Greenprint 2.0 Notes on Document Structure Clearwater Greenprint 2.0 document is comprised of a hierarchy of four components: goals, objectives, targets, and strategies. • Goals and Objectives are defined in section 2 titled, “Welcome to Clearwater Greenprint 2.0,” • Targets are provided in section 3, titled, “Target Timelines,” and • Strategies are outlined in sections 5-12 and elaborated on further in Appendix II. Refer to Figure 1.1 to the right which breaks down the overall document structure. Appendix II specifies actions to be carried out in order to achieve each Strategy. It also suggests methods for measuring progress through identification of technical standards and weighs the costs and benefits associated with the attainment. An excerpt from Appendix II is shown in Figure 1.2 showing the cost/benefit comparison matrix and the Implementation and Measurement Methodologies for each Core Topic Strategy. Figure 1.2.- Excerpt from Appendix II Figure 1.1.- Detailed Document Hierarchy Chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 6 ) Clearwater Greenprint 2.0 Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 7 ) Clearwater Greenprint 2.0 What is Sustainability? Sustainability means different things to different people. Some people might think of recycling, and others might think of solar panels or growing their own organic food. What is sustainability, really? The United Nations defined the word sustainability in 1987 as the ability to, “meet the needs of the present without compromising the ability of future generations to meet their own needs.” In essence, sustainability is about helping the people of today and people of tomorrow meet their needs. Sustainable communities work with and within nature. They use resources that can be renewed, and attempt to reduce waste, reuse materials, and find ways to safely return resources back to the environment. Sustainable communities also make plans and decisions that balance the three parts of a triple bottom line: economic prosperity, environmental quality, and human quality of life. If we think about sustainability in terms of a triple bottom line, we realize that it is not an unfamiliar concept. For most of our history, humans have lived in a way that had minimal impact on the world’s natural resources. However, over the course of the last century, we have caused large-scale declines in the quality of water, air, and soil, and devastated animal and plant species worldwide. Since communities depend on natural resources to maintain a prosperous economy and good quality of life, working hard to preserve the integrity of the environment helps ensure our communities’ continued prosperity. Why Sustainability? Recent human actions such as unchecked pollution and mass deforestation have negatively impacted the climate and degraded natural ecosystems causing high rates of species extinction, global temperature increase, rising seas, and dying coral reefs. Scientists expect Americans to experience more severe heat waves, droughts, flooding, wildfires, and hurricanes in the future if we continue with current trends in fossil fuel usage. Studies show that these impacts will afflict our economy, strain our natural resources, and worsen inequalities for many Americans. These are only a fraction of the negative impacts stemming from climate change, but they speak to the urgency of countering its effects. Welcome to Clearwater Greenprint 2.0 A community plan for sustainability DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 8 ) Clearwater Greenprint 2.0 Despite all this, we have only recently begun to take action. Thankfully, local governments and community residents can contribute to a solution to the climate change problem by building low-carbon communities which are not dependent on carbon intensive resources. Cities use 75% of the world’s energy and produce 80% of the world’s greenhouse gas emissions. Though this fact may not seem like a positive thing at first, it means that the collective actions of cities, including the city of Clearwater, will result in an appreciable reduction in the world’s greenhouse gas emissions. The city of Clearwater has an opportunity to set an example for other cities and have a positive impact on the world. Sustainability isn’t just about the planet, it’s about people. Sustainable communities are stronger communities. In addition to addressing climate change, being a sustainable community has other important benefits such as: 1. Saving Money The city of Clearwater spent over seven million dollars in 2018 on energy to power buildings and streetlights. Many of the measures in Greenprint 2.0 “pay for themselves” quickly by reducing direct costs, such as fuel or energy used, as well as indirect costs such as maintenance. For instance, a “right-sized” vehicle fleet is less expensive to purchase and fuel, while also being less costly to maintain. Encouraging energy efficiency, public transit use, building improvements, and other measures will also result in lower energy and water bills for residents and employers. The economy benefits by reducing the amount of money each person spends on energy and water. This money can instead be used at local businesses, supporting the city of Clearwater’s economy. Acting now will also save on runaway costs on climate change—especially in the long term. These costs range from infrastructure damage in extreme storms and pest control, to industry losses, particularly for industries that depend on environmental conditions, such as tourism. 2. Creating Jobs New green sectors such as sustainable tourism, green construction, and urban agriculture provide additional job opportunities in growing economic sectors. These activities can spur business and job growth through the design, manufacturing, and installation of energy efficient technologies, presenting a special opportunity to reinvest in the local economy and generate green jobs. For example, a 2019 Environmental Entrepreneurs’ report estimated that the solar industry employed nearly 335,000 workers. Solar professions within the United States have increased 167% over the past decade according to the National Solar Jobs Census and Florida leads the nation for the number of jobs added. 3. Improving Public Health Our health improves with cleaner air and water and more time spent outside engaging in physical activities such as walking and biking. Sustainable changes, including using different modes of transportation, helps clean the air and improve public health by reducing DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 9 ) Clearwater Greenprint 2.0 vehicle emissions. Improvements that promote alternative transportation also give Clearwater residents more options for getting around. When combined with other activities like redevelopment of underutilized properties, these improvements create more vibrant, livable community with shorter commute times and more opportunities for active transport. Sustainable changes create equitable access to amenities for residents living in low-income areas across the country. Many of these low-income areas lack the trees and greenery that create shade and improve the appearance of more affluent neighborhoods. Residents of these low-income areas also have a higher likelihood of living in or near areas covered in dark surfaces. The overabundance of blacktop causes residents to suffer more from summer heat, leading to higher health costs. What is Resilience? Community resilience is defined as, “a measure of the sustained ability of a community to utilize available resources to respond to, withstand, and recover from adverse situations.” Therefore, a resilient community is one that can face a challenge and still retain its essential function. “Sustainability” and “resilience” are qualities of a community that complement each other. While sustainability focuses on having a brighter future, resilience is all about adapting to the different stressors we face now. Whether it’s a natural disaster, sea-level rise or a drastic change in economy, a resilient community is one that can anticipate and positively adapt to changing conditions. Why Resilience? 1. Creating Proactive Communities Resilience transforms reactive communities into proactive communities. Rather than solely developing plans to deal with the aftermath or a natural disaster or economic downturn, resilient communities develop measures to prevent massive disruptions from harming its people and systems. While Clearwater Greenprint 2.0 focuses on resilience through the lens of climate adaptation, resilience is a practice that can be implemented in all aspects of an organization. 2. Promoting Energy Stability The farther energy travels from its source, the more energy that is wasted. Most electrical power in Clearwater is currently supplied by Duke Energy. The closest energy source for Clearwater is a fossil fuel power plant approximately 15 miles away near Holiday. This creates an opportunity to improve energy efficiency by generating more energy locally. Renewable energy can be generated in many ways including through the power of the sun, wind, and water. Installing solar panels on homes and businesses reduces energy waste since energy generated does not need to travel far from its source before it is used. Renewable energy is also a sustainable solution to the problem of meeting energy needs in times when energy is in high demand or unavailable from far away powerplants. This means DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 10 ) Clearwater Greenprint 2.0 that on hot summer days, and in the aftermath of major storms, renewable energy can keep lights on and air conditioning running within the homes, businesses, and municipal facilities of Clearwater. 3. Ensuring Food Security Like energy, transportation of food over long distances results in waste and negative environmental impacts. Currently, nearly all of Clearwater’s food is imported from elsewhere. The city’s resiliency can be improved by producing more food locally to reduce inefficiencies caused by transporting food over long distances. Local food production also protects against service disruptions caused by a variety of factors, including the effects of climate change, economic change and political conflict. 4. Establishing Economic Security The Fourth National Climate Assessment estimates the costs of climate change in the United States could total more than $2 trillion a year by the end of this century. Much of this cost results from the damage intense storms and flooding are expected to inflict on infrastructure and private property. Adopting resilient solutions saves cities a significant amount of money on future energy, water, and infrastructure needs. This is due to the increased ability of these systems to adapt or withstand future climate stressors, which are events, trends or conditions that result from climate change that can magnify hazards. Resilient communities face fewer system failures and costly repairs. Innovative cooling technologies and adaptions further cut energy bills while the benefits these innovations bring to health and livability are expected to compound over time. While cities drive the national economy, small businesses drive the local economy. Small businesses make up 99.7% of all US employers. Small businesses are threatened by the effects of climate change and the increasing number of disaster events. Small firms are especially challenged by disaster events, as the U.S. Chamber of Commerce notes that 43% of small businesses do not recover from natural disasters. Let’s Learn from Each Other The complex problems of climate change affect each municipality differently. Therefore, detailed insights about current conditions and prospective solutions from citizens and stakeholders is critical in the process of identifying and implementing effective measures for adaptation and mitigation. Clearwater can provide invaluable guidance on the concrete impacts of proposed remedies—parsing out measures that will provide the greatest benefit from those that can only offer marginal relief. Figure 2.1 The impact of local actions DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 11 ) Clearwater Greenprint 2.0 Where Are We Coming From? Clearwater Greenprint was adopted in 2011 through the collaboration of residents, businesses, and the City. Clearwater Greenprint creates a vision to make Clearwater a vibrant community for everyone who lives here now and for generations to come. Figure 2.2.- Clearwater Greenprint timeline graphic Reducing the city’s greenhouse gas emissions was determined to be the number one goal of Clearwater Greenprint. Why? Because The current over-abundance of greenhouse gases in the atmosphere caused by human activity is a major contributor to climate change and closely related to other environmental concerns within the city of Clearwater. Large amounts of greenhouse gases in the atmosphere are known to worsen sea-level rise, drought, flooding and so on. It is critical that we reduce our greenhouse gas emissions to ensure that Clearwater remains a great place to live, work and visit. Measuring Our Greenhouse Gas Emissions (GHGs) In addition to being caused by human activities, climate change also occurs because of the earth’s natural cycles. For example, the amount of the best-known greenhouse gas, Carbon Dioxide (CO2), in the northern hemisphere changes from one season to the next as plants undergo cycles of growth. Despite this, scientists have observed an enduring upward trend in greenhouse gases that are attributed solely to ongoing human activities such as the burning of fossil fuels, commercial animal agriculture, and land development. In fact, about half of all carbon dioxide emitted between 1750 and 2010 occurred in the last 40 years. Therefore, even though the natural greenhouse effect is needed to keep the earth warm, the consensus among publishing climate scientists (97% in agreement according to the National Aeronautics and Space Administration) is that the accelerated rate at which humans are producing GHGs causes global warming and climate change. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 12 ) Clearwater Greenprint 2.0 The 2014 Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (AR5), was written by a panel of hundreds of climate experts and scientists and was approved by a team of external reviewers. The report states unambiguously that anthropogenic (human- made) GHG emissions are causing global climate change. For this reason, the city of Clearwater is joining an increasing number of local governments committed to addressing climate change at the local level. The city of Clearwater recognizes the risk climate change poses to its residents and business owners. The city is actively acting to reduce the GHG emissions, or “carbon footprint”, of both its government operations and the community at-large through innovative programs laid out in Clearwater Greenprint. Furthermore, it is recognized that Clearwater needs to address existing climate risks, such as sea level rise and temperature increase, and adapt its systems and infrastructure to new conditions. With more than 80% of Americans living in urban areas, cities play a powerful role in addressing climate change. Adjusting the design of cities—how we use our land, how we design our buildings, how we get around—greatly impacts the amount of energy we use and the volume of GHG emissions we produce. Cities such as Clearwater can demonstrate that it is possible to dramatically reduce GHG emissions while creating vibrant and prosperous places to live by making appropriate and manageable adjustments. The city of Clearwater first began monitoring its GHG emissions in 2007. It conducted a follow-up study in 2018. The following subsections summarize the results of both studies and compare city emissions levels over the span of approximately 10 years. 2007 GHG Emission Levels The city took its first step in improving its carbon footprint in 2011 by calculating its community- wide GHG emissions. The study was based off of the city’s 2007 GHG levels. In 2007, city-wide greenhouse gas emissions totaled 1,295,619 metric tons of carbon dioxide equivalent (MTCO2e). Emissions from energy consumption and transportation fuels were the largest contributors to the city-wide greenhouse gas inventory (65% and 30%, respectively). Solid waste contributed 5% while the city’s water and waste-water operations accounted for 0.1% of emissions. The average GHG emissions per capita was 11.72 MTCO2e based on the city's 2007 population of 110,469. Based on these 2007 levels, GHG emissions were forecasted for 2035. It was projected that if city continued with “business as usual”, city-wide emissions would grow by 4% to 1,347,443 MTCO2e by 2035. Figure 2.3.- 2007 Emissions chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 13 ) Clearwater Greenprint 2.0 Initial Clearwater Greenprint Goals The City established two emission reduction goals based on the GHG inventory results: 1. Reduce city-wide greenhouse gas emissions 10% below 2007 levels by the year 2020 2. Reduce city-wide greenhouse gas emissions 25% below 2007 levels by the year 2035 The original Clearwater Greenprint was created to reach these emission reduction goals. The plan included real strategies that the city, businesses and local residents could bring into their daily lives to reduce greenhouse gas emissions. These strategies were selected to help create a sustainable community by making buildings and transportation systems more energy-efficient, maintaining a healthy local economy, creating “green” jobs, reducing waste, and encouraging shoppers and restaurants to buy locally grown foods. Since 2011, the city has made significant progress towards its initial sustainability goals. Many of the original Clearwater Greenprint Plan strategies have been completed or are in progress. A Sustainability Coordinator was hired to facilitate fulfillment of the Greenprint strategies and ensure that the city’s sustainability goals are reached. In 2021, Clearwater Mayor Frank Hibbard signed on as a Climate Mayor. The Climate Mayors group is a network of U.S. mayors who work together to address climate change by creating meaningful actions in their own communities. 2018 GHG Emission Levels A second GHG inventory was conducted in 2019 using 2018 data to track the City's progress toward its 2020 climate goals. According to the inventory, the community-wide GHG emissions for 2018 were 1,128,690 MTCO2e, 12.9% below its 2007 levels. Together, we achieved our first goal! Like 2007, emissions from energy use and transportation fuels continued to be the largest contributors to the city-wide GHG inventory. However, emissions from energy consumption decreased from 65% in 2007 to 59% in 2018, while emissions from transportation fuels increased from 30% to 38%. This is thought to be a result of Duke Energy increasing its reliance upon renewable energy and natural gas which decreased emissions for the city of Figure 2.4. Climate Mayors logo Figure 2.5.- 2018 Emissions chart DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 14 ) Clearwater Greenprint 2.0 Clearwater. Solid waste emissions were reduced from 5% of the 2007 inventory to 3.3% of the 2018 inventory. The city’s waste-water operations continued to have a marginal effect on the city’s total emissions, reducing from 0.13% of the 2007 inventory to 0.12% of the 2018 inventory. Where Are We Going? Based on the city's population of 116,478 in 2018, average GHG emissions per person were 9.69 MTCO2e. Based on the 2018 levels, Clearwater's community-wide emissions were forecasted for the next three decades. Figure 2.3.- Clearwater Business as Usual / Duke Renewable Energy & Carbon Neutral Goals Not Included; Projected CO2e Values Under this "business as usual" scenario, in which Clearwater does not make or experience any major changes to its emissions, the community's total greenhouse gas emissions would stand at nearly 1.1 million MTCO2e by 2035, increasing to over 1.2 million MTCO2e by 2050. This is largely due to the increased number of miles traveled by automobile per person. However, in 2019 Duke Energy announced its goal of becoming carbon neutral by 2050. To achieve carbon neutrality, the utility company will shift its electricity energy sources away from coal and towards lower-carbon energy solutions. If this goal was to be achieved by Duke Energy, Clearwater's greenhouse gas emissions would fall to roughly 972,000 MTCO2e DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 15 ) Clearwater Greenprint 2.0 in 2035 and further to 823,000 MTCO2e in 2050. This decrease would occur even if the city did not pursue further greenhouse gas reduction measures of its own. Figure 2.4.- Clearwater Business as Usual / Duke Renewable Energy & Carbon Neutral Goals Included; Projected CO2e Values with Reductions Applied In December of 2015, 197 countries, including the United States signed onto the historic Paris Climate Agreement. The overarching goal of this international climate accord is to limit global warming to well below 2° Celsius compared to pre-industrial levels. Though the United States temporarily withdrew from the agreement in 2020, the nation rejoined in 2021. In the years since the announcement to withdraw from the accord, local implementation of the Paris Climate Agreement has been a focus for local governments nationwide—including the city of Clearwater. The decision to rejoin the accord bolsters the city’s ongoing GHG reduction efforts and opens the door to opportunities for much-needed federal aid. With new, more ambitious GHG reduction goals, Clearwater Greenprint 2.0 is anticipated to reduce community-wide greenhouse gas emissions to under 260,000 MTCO2e by 2050. Envision Our Future Clearwater Greenprint 2.0 has two overarching Goals: • Reduce the city’s GHG emissions 25% below 2007 levels by 2035 and; • Reduce the city’s GHG emissions 80% below 2007 emission levels by 2050 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 16 ) Clearwater Greenprint 2.0 And also seeks to accomplish the following Objectives: • Transform Clearwater into a community where people walk, bike, take transit, or carpool for most trips in a safe, accessible and affordable transportation network. • Make Clearwater a leader in clean and local renewable energy opportunities. • Transform our buildings into high-performing places to live, work, learn and play. • Inspire community action and ensure environmental justice and equity as we transition to a lower carbon, more sustainable community. • Create a thriving urban agriculture community in order to increase the local knowledge and abundance of healthy, sustainable food. • Become a leader in sustainable, smart transportation through innovative partnerships, policies, programs and technology. • Understand potential climate-related risks and mitigate these risks while preparing our community to chronic and extreme weather events. The following lists the targets Clearwater Greenprint aims for in order to maintain a competitive, vibrant, and green Clearwater for future generations, while improving the quality of life for those who live here today. Often, world problems can seem so daunting. But positive change is possible. And maybe it’s not from one person doing a big thing but from many people doing small things. Chinese philosopher, Lao Tzu, stated “a journey of a thousand miles begins with a single step”. Greenprint invites you to find your “single step” and run with it. We are each essential to creating a sustainable city. Together, we can go far. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 17 ) Clearwater Greenprint 2.0 Learn More About Climate Change and GHG Mitigation Benefits: Climate Change Impacts Cho, R. (2019, June 20). How climate change impacts the economy. EI State of the Planet. https://blogs.ei.columbia.edu/2019/06/20/climate-change- economy-impacts/. Diffenbaugh, N. S., & Burke, M. (2019). Global warming has increased global economic inequality. Proceedings of the National Academy of Sciences, 116(20), 9808–9813. https://doi.org/10.1073/pnas.1816020116 Benefits of Energy Efficiency Florida Public Service Commission. (2004, June 8). 105 Causes of High Utility Bills - Florida Public Service Commission. http://www.psc.state.fl.us/Publications/CausesOfHighBill. Weisbrod, G., & Reno, A. Economic Impact of Public Transportation Investment. American Public Transportation Association. Report available online at http://onlinepubs.trb.org/onlinepubs/tcrp/docs/TCRPJ- 11Task7-FR.pdf Public Health Benefits United States Environmental Protection Agency. (2021, February 5). Progress Cleaning the Air and Improving People's Health. https://www.epa.gov/clean-air-act-overview/progress- cleaning-air-and-improving-peoples-health. Harvard Health Publishing - Harvard Medical School. (2010, July). A prescription for better health: go alfresco. Harvard Health Letter - A prescription for better health: go alfresco. https://www.health.harvard.edu/newsletter_article/a- prescription-for-better-health-go-alfresco. Food Import Environmental Impacts Hannah Ritchie (2020). Environmental impacts of food production. OurWorldInData.org. https://ourworldindata.org/environmental-impacts-of-food. Rosenthal, E. (2008, April 26). Environmental Cost of Shipping Groceries Around the World. The New York Times. https://www.nytimes.com/2008/04/26/business/worldbusine ss/26food.html. Duke Energy Climate Report Duke Energy 2020 Climate Report. (2020). Retrieved February 22, 2021, from Duke Energy website: https://www.duke- energy.com/_/media/pdfs/our-company/climate-report- 2020.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 18 ) Clearwater Greenprint 2.0 Target Timelines DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 19 ) Clearwater Greenprint 2.0 Clearwater Greenprint 2.0 takes advantage of common-sense approaches and policies that our local government is uniquely positioned to implement – actions that can reduce energy use and waste, create local jobs, improve air quality and benefit Clearwater for years to come. Document Structure The diagram shown below outlines the document structure of Clearwater Greenprint 2.0. Some of the components of the plan, namely goals and targets have already been defined. Core Topics and Strategies are defined in the sections below. Figure 3.5.- Document hierarchy diagram Core Topics Clearwater Greenprint 2.0 contains the same eight topics found in the original Clearwater Greenprint plan. These eight topics were identified as areas in which the city can achieve greenhouse gas reductions and cost savings: • Education and Awareness, • Green Energy & Buildings, • Transportation, • Livability, • Water Conservation, • Waste Reduction, • Local Food, and • Green Economy. How to read Clearwater Greenprint 2.0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 20 ) Clearwater Greenprint 2.0 Strategies The Clearwater Greenprint 2.0 includes measurable and achievable strategies that the city, businesses, and residents can incorporate into their daily lives to accomplish each target outlined in the previous section. In this document, strategies provide the foundation for addressing sustainability issues over a 30-year planning period and beyond. The strategies focus on actions that can be implemented at the local level over the span of 0-5 years (short-term), 6-10 years (medium-term) and 11-30 years (long-term). The Clearwater Greenprint 2.0 is intended to be a framework for specific action with built-in flexibility for timing and emphasis. Each Strategy corresponds to a Core Topic. For example, the “Community Education” Strategy is presented under the “Education and Awareness” Core Topic. Green Glossary Each of us has a different level of understanding and exposure when it comes to the environment, sustainability, and government functions. In order to make Clearwater Greenprint 2.0 accessible to everyone, a Green Glossary is provided at the beginning of the document. Words in green can be found there with an explanation. Mitigation and Adaptation The city of Clearwater is already experiencing effects of climate change. The 2020 Atlantic hurricane season was the busiest ever recorded with 31 tropical cyclones. The same year, the state of Florida experienced record-breaking temperatures for six months of the same year. Water levels in Tampa Bay have also increased nearly eight inches over the last 60 years. Reducing community GHG emissions is climate mitigation, meaning it will reduce the negative impacts of climate change in the future. Clearwater Greenprint 2.0 also considers climate adaptation, the need to address the climate hazards that Clearwater already experiences in order to make the city resilient. Climate adaptation is a form of risk management. Current hazards, like increased heat, sea levels and precipitation levels, are magnified by climate change and the city needs to plan accordingly. As such, Clearwater Greenprint 2.0 proposes climate change mitigation strategies that support adaptation and avoid those that may contribute to anticipated climate change impacts. Equity and Inclusion Equity and inclusion components are interwoven throughout this document. Low-income populations, communities of color, people with disabilities, elders, refugees, immigrants, and other frontline communities often bear the brunt of climate impacts. Even worse, these communities often go without the necessary infrastructure and support systems to manage climate impacts and frequently do not receive any of the benefits of a clean and sustainable future. Inequity correlates with greater vulnerability to physical challenges, making many in Clearwater disproportionately at risk from the impacts of natural disasters and climate DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 21 ) Clearwater Greenprint 2.0 change. Creating a resilient community entails addressing the social inequities that cause disparities in health outcomes, income, educational attainment, and more. Emissions Reduction Potential Calculating expected GHG emissions reductions for each mitigation strategy requires making assumptions about degree of implementation, technology, and individual behavioral changes several years into the future. Since the desired GHG emissions reductions have yet to occur, other measurable factors are used to predict their outcomes. The strategies discussed in this report are the predictive factors, and the symbols shown below represent their respective impacts on GHG reductions and Target Timeline items. The symbols distinguish between strategies with low potential impact, medium potential impact, and high potential impact on the Clearwater’s GHG reduction goals. Strategies with an unknown impact are assigned their own symbol as well. This “unknown potential impact” symbol is used in cases where is difficult to gauge how certain tactics, like education and the localization of resources, will be embraced and acted upon. Low Potential Impact Medium Potential Impact High Potential Impact Unknown/Undefined Potential Impact Strategy Status Indicators Clearwater Greenprint 2.0 includes a combination of existing policies and programs as well as new ideas based on best practices locally and nationwide. The document notes whether a Strategy is currently ongoing, in-progress or not yet started. There are a few Strategies from the first Clearwater Greenprint plan that are no longer goals. These strategies will be listed in Appendix IV alongside an explanation as to why they are no longer included in the city’s plan. Learn More! Interested in learning more about the topics covered in this document? Try clicking on the green leaves scattered throughout this document. The leaf will take you to an article or website with more background information. Links are indexed by subject matter topic at the end of each report section. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 22 ) Clearwater Greenprint 2.0 Not Started In Progress Strategy has been completed or is ongoing Evaluation of Strategies and Their Benefits In addition to measuring the GHG reduction potential, each Strategy is also marked for other benefits that may be experienced from implementing each Strategy. These benefits include public health, equity and justice, jobs and prosperity, environmental conservation, and resilience. The symbols below indicate the co-benefits each Strategy are likely to generate (if any). Supports jobs and prosperity Advances equity, inclusion, and justice Improves local environmental conservation initiatives Improves public health Increases community resilience DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Welcome to Clearwater Greenprint ( Page 23 ) Clearwater Greenprint 2.0 Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 23 ) Clearwater Greenprint 2.0 It’s going to take the entire community to create a sustainable, vibrant Clearwater. Raising community awareness with compelling and useful information about the importance of sustainability is vital. In addition to understanding the benefits of sustainability on Clearwater’s environment, it is important to demonstrate that sustainability will result in improved human health and happiness, economic advancement, and a greater sense of community overall. To achieve this awareness, the city will create and provide information to educate and involve Clearwater citizens in green best practices and programs. The city will incorporate Clearwater Greenprint 2.0 strategies and initiatives into its ongoing communications activities, creating opportunities to encourage responsibility and foster participation in making Clearwater a sustainable community. Opportunities for education and awareness can be realized by creating venues for different groups to work together. These include neighborhood associations, organizations, schools, businesses, utilities, and government agencies. Mission Statement Community Education Community Outreach Youth Programs Municipal Staff Education Continuous Reporting Resilience Planning and Outreach Education and Awareness Photo Credit: Maranda Douglas Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 24 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 5.1 Mission Statement A. Write or re-write mission statement for city of Clearwater to include environmental commitment. B. Incorporate the mission statement into the local government’s comprehensive plan. 5.2 Community Education A. Promote education through publications and public events. B. Provide pertinent local GIS and other data online. 5.3 Community Outreach A. Develop new events that engage the community in sustainability through fun and innovative activities. B. Continue to host an annual sustainability conference. 5.4 Youth Programs A. Continue youth education programs to educate students about resource conservation. B. Further current efforts by coordinating with the Pinellas County School Board. 5.5 Municipal Staff Education A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities. B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public. Education and Awareness – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 25 ) Clearwater Greenprint 2.0 5.6 Continuous Reporting A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation. 5.7 Resilience Planning and Outreach A. Form a Resilience Committee comprised of city staff and community partners. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 26 ) Clearwater Greenprint 2.0 5.1.- Mission Statement A. Write or re-write mission statement for city of Clearwater to include environmental commitment. B. Incorporate the mission statement into the local government’s comprehensive plan. The city of Clearwater is committed to accomplishing the strategies outlined in this document. In recognition of the fact that that other municipalities throughout the State of Florida have done the same, the city’s mission statement and comprehensive plan will be revised to formalize this commitment. 5.2.- Community Education A. Promote education through publications and public events. B. Provide pertinent local GIS and other data online. In early 2020, a Sustainability & Resilience webpage was created to inform the public about the city’s sustainability goals and progress. This website also functions as a resource center, where Clearwater residents, businesses, and tourists can learn how to become more sustainable in their own lives. The city will promote education through its publications and public events. A quarterly report about the city’s sustainability progress will be available online and will be promoted through the city’s email and social media accounts. The city will also create an annual workshop series that covers each of the Greenprint topic areas and will involve various staff and community members who are experts in each focus. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 27 ) Clearwater Greenprint 2.0 5.3.- Community Outreach A. Develop new events that engage the community in sustainability through fun and innovative activities. B. Continue to host an annual sustainability conference. Engagement is at the core of education. The city is committed to developing new events that engage the community in sustainability in fun and innovative ways. Examples include art contests, speaker and film series, and neighborhood campaigns. In 2019, the city held its first sustainability conference. Created in partnership with the Clearwater Neighborhoods Coalition and Suncoast Sierra Club, the conference was titled “Building Better Neighborhoods Through Sustainability: A Toolkit for Positive Change”. Topics included energy efficiency for the home, Florida-friendly landscaping, waste reduction, composting, and ocean-friendly lifestyle practices. The conference was well received, and the city intends to make this an annual event. 5.4.- Youth Programs A. Continue youth education programs to educate students about resource conservation. B. Further current efforts by coordinating with the Pinellas County School Board. Figure 1.- Recycling education center at 2020 SeaBlues Festival Figure 2.- 2019 Sustainability Conference DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 28 ) Clearwater Greenprint 2.0 A successful education initiative must also engage Clearwater youth. Various departments, like the Public Utilities and Solid Waste/Recycling departments, have programs to educate students about resource conservation. The city will further this effort by coordinating with the Pinellas County School Board to create a School Sustainability Committee. 5.5.- Municipal Staff Education A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities. B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public. The city will organize educational workshops and presentations to keep decisionmakers up to date on sustainability initiatives and opportunities as well as to keep City Council members connected to the Greenprint 2.0 goals, strategies, and initiatives. Designated city staff will pursue ongoing education and will maintain certifications pertaining to green project design. In addition, staff will integrate sustainable practices into daily operations while serving as ambassadors and educators for city sustainability programs and projects through their interaction with the public. Clearwater staff will also be encouraged to engage personally with the city’s sustainability efforts. Specifically, they will be encouraged to use fewer single-use plastics through distribution of reusable water bottles to all employees, and review Clearwater’s commitment to the environment during new employee orientation. 5.6.- Continuous Reporting A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation Sustainability is an ongoing process. Communities must celebrate their successes while continuing to pursue further emission reductions and resilience improvements. While Clearwater has already begun to reduce GHG emissions and climate risk through a variety of actions, it must continuously measure, evaluate, and address both mitigation and adaptation progress. Thankfully, two approaches to achieve this ongoing work have been DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 29 ) Clearwater Greenprint 2.0 developed by the International Council for Local Environmental Initiatives (ICLEI). These are known as the Five Milestones for Climate Mitigation and Adaptation. Figure 1 Five Milestones for Climate Mitigation Figure 2 Five Milestones for Climate Adaptation Furthermore, tracking the success of existing and future green initiatives is a vitally important component of Clearwater Greenprint. To lead by example, the city will continue to highlight its green initiatives and report the associated benefits. Environmental, economic, and social metrics will be collected and reported. The benefits, costs, and lessons learned of the various efforts will be shared with the Clearwater community as well as other local governments through the Sustainability & Resilience website. Furthermore, the city will commit to conducting a GHG inventory every two years to assess progress. 5.7.- Resilience Planning and Outreach A. Form a Resilience Committee comprised of city staff and community partners. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work. COBENEFITS: DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Education and Awareness ( Page 30 ) Clearwater Greenprint 2.0 Becoming a resilient community requires climate adaptation measures. According to the Fourth National Climate Assessment, climate adaptation has five general stages: 1. Awareness, 2. Assessment, 3. Planning, 4. Implementation, and 5. Monitoring and Evaluation. The city will begin with Stage 1 and form a Resilience Committee to increase resilience planning and awareness throughout Clearwater. The committee will be comprised of city staff and community partners, such as teachers, neighborhood leaders, artists, and financial and insurance industry representatives who can explain financial risks. The committee will be responsible for creating an educational outreach and communications program to raise awareness of climate change risks and emergency preparedness in our residents and business owners. The Resilience Committee will also be responsible for initiating vulnerability assessments throughout the Clearwater area to identify the factors most at risk to climate change stressors. From these assessments, a Climate Action Plan will be pursued to address these vulnerabilities and further direct the city’s resilience work. This plan could be included as a section in the next Clearwater Greenprint edition. Learn More About Topics in Education and Awareness: Employee Education and Emissions Reduction U.S. Energy Information Administration - About 13% of U.S. electricity generating capacity can switch between natural gas and oil (2020, February 2). Retrieved January 28, 2021, from https://www.eia.gov/todayinenergy/detail.php?id=4 2776 Clean Energy Solutions Center: Natural Gas Fuel Switching. (n.d.). Retrieved January 28, 2021, from https://cleanenergysolutions.org/resources/technology/na tural-gas-fuel-switching Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 31 ) Clearwater Greenprint 2.0 Photo Credit: Dondi Guiterrez Most buildings in Clearwater were built during a time when electricity was cheap and abundant and less was known about the potential environmental impacts. Today, the effects of conventional energy sources on our global and local environments is better understood. Reducing the amount of energy used through efficiency improvements to existing buildings and the development of new buildings to high-performance standards, coupled with shifting to renewable energy sources, is now recognized as one of the most important actions needed to create a more sustainable community and future. Electricity continues to be the biggest contributor to our community-wide GHG emissions, with most of that electricity being used for the lighting, heating and cooling of buildings. Clearwater purchases all electricity from Duke Energy, a private utility company. As of 2017, Duke Energy relied on fossil fuels (i.e., coal and natural gas) to generate 61.7% of the electricity it produced. Nuclear energy accounted for 33.7% of the remaining electricity, while wind and solar accounted for 3.9%. Making a positive impact on the city’s energy use is a community effort and will require the participation of residents, businesses, and institutions alike. Each can reduce energy use by implementing such measures as attic insulation, duct leak repair, replacing incandescent light bulbs with LED light bulbs and upgrading air conditioning units, windows, and appliances to more efficient ones. In addition to reducing the amount of energy used, it is also important to find opportunities for renewable energy. Without action, the community will continue to rely on fossil fuels, leading to significant increases in energy costs and GHG emissions over the next 25 years. With Clearwater being a mostly developed city, the potential for renewable energy expansion will rely on the installation of smaller systems distributed across the city as opposed to large-scale centralized plants. Green Energy and Buildings DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 32 ) Clearwater Greenprint 2.0 PACE - Energy Finance Program Resource Conservation Program Incentives for Upgrades Performance Standards Natural Gas Expansion Local Power Generation Renewable Energy Challenge Renewable Energy Finance Energy-Efficient Streetlights Municipal Energy Management Program and Policy Municipal Re-Commissioning Plan Municipal Performance Standard Phase-Out of Environmentally Harmful Refrigerants Resilient Infrastructure Photo Credit: Bryan Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 33 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 6.1 PACE - Energy Finance Program A. Partner with public and private organizations to establish an energy finance program. 6.2 Resource Conservation Program A. Develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation. 6.3 Incentives for Upgrades A. Implement a “feebate” program. 6.4 Performance Standards A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance, and operations plans. B. Encourage the use of national building performance standards. 6.5 Natural Gas Conservation A. Continue offering programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances in place of alternatives that produce more emissions upon combustion. 6.6 Local Power Generation A. Request proposals from private companies to design, build, install and operate small-scale energy generation facilities that can utilize available resources to generate electricity and/or heat. Green Energy and Buildings – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 34 ) Clearwater Greenprint 2.0 6.7 Renewable Energy Challenge A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies. B. Support code changes that remove obstacles to installing renewable energy systems. C. Provide information to assist residents with purchasing renewable energy equipment. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options. E. Create a website that allows the Clearwater community to submit property information and view addresses where renewable energy systems have been installed. 6.8 Renewable Energy Finance A. Investigate financing mechanisms for expanding renewable energy generation. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price. 6.9 Energy-Efficient Streetlights A. Request conversion of all Duke Energy-owned electric streetlights to LED. 6.10 Municipal Energy Management Program and Policy A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings. 6.11 Municipal Re- Commissioning Plan A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. B. Create an LED lightbulb conversion program for city buildings. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 35 ) Clearwater Greenprint 2.0 C. Train key staff that do not have the appropriate skills to test the equipment. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re- commissioning process (see Green Energy and Buildings Strategy #11). 6.12 Municipal Performance Standard A. Build all new municipal facilities to a nationally recognized high-level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star). 6.13 Resilient Infrastructure A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. B. Prioritize resilience upgrades in capital and operational budgets. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. D. Explore grant opportunities for municipal photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted-living homes) to protect vulnerable populations and reduce GHG emissions. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 36 ) Clearwater Greenprint 2.0 6.1.- PACE – Energy Finance Program A. Partner with public and private organizations to establish an energy finance program. Many properties in Clearwater can reduce energy use significantly through minor improvements, such as adding insulation, high-efficiency appliances (e.g., water heater) and high-efficiency lighting. Properties can also generate a percentage of their electricity use through installation of renewable energy systems. This includes solar and geothermal systems which run on thermal energy found below the earth’s surface. While basic energy efficiency improvements are the most economical way to reduce energy use, property owners may be discouraged by up-front investment costs. The city will partner with public and private organizations to establish an energy finance program that provides commercial property owners with long-term, low-interest loans for energy improvements. The program would target older, inefficient commercial and industrial buildings and prioritize retrofits that result in cost savings that exceed, or at least offset, the original investment. Loan payments will be assessed to the property tax bill (e.g., Property Assessed Clean Energy) so that the loan is assigned to the property instead of the property owner. 6.2.- Resource Conservation Program A. Develop and implement a program the performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation. Commercial and industrial properties are responsible for more than half of the electricity use in the city. With the help of private companies and educational organizations, the city will develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and tracks the environmental and economic benefits after implementation. Program DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 37 ) Clearwater Greenprint 2.0 partners, such as local vendors and utilities, could offer discounted products to incentivize improvements that increase resource conservation. 6.3.- Incentives for Upgrades A. Implement a “feebate” program. Major renovations on commercial buildings in Clearwater provide a great opportunity to improve existing buildings with energy efficiency improvements. To encourage both improvements on existing buildings and building preservation, the city will implement a “feebate” program, a self-financing system of fees and rebates that would reward developers that renovate buildings to a nationally recognized high-performance standard using fees charged to developers that do not. 6.4.- Performance Standards A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance and operations plans. B. Encourage the use of national building performance standards . During redevelopment projects, the city will work with and encourage developers to incorporate green building practices and standards into their design, construction, and maintenance and operation plans. For example, a builder could construct solar-ready homes to facilitate installation of solar panels by the property owner. The city will encourage the use of national building performance standards, such as Leadership in Energy and Environmental Design (LEED), Florida Green Building Coalition and Energy Star. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 38 ) Clearwater Greenprint 2.0 6.5.- Natural Gas Conservation A. Continue offering programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances in place of alternatives that produce more emissions upon combustion. Natural gas generally emits less CO2 during combustion than coal, gasoline, and propane. Lower CO2 emissions and widespread availability makes natural gas comparatively less environmentally harmful, and therefore, a preferable substitute where there isn’t sufficient infrastructure to support emission-free energy generation and distribution. Clearwater Gas System launched several programs to increase the number of residents and businesses that use natural gas to power appliances (e.g., water heaters and ranges). Clearwater Gas System will continue to offer these programs to provide natural gas as an alternative to standard electricity. It is worth noting that natural gas is itself a GHG and still produces CO2 upon combustion. Consequently, campaigns promoting use of natural gas will be paired with educational materials promoting energy efficiency and conservation. 6.6.- Local Power Generation A. Request proposals from private companies to design, build, install and operate small-scale energy generation facilities that can utilize available resources to generate electricity and/or heat. B. Set municipal renewable energy targets COBENEFITS On average, Clearwater receives 361 days of sunshine each year. That sunshine can be captured and used to generate energy through installation of photovoltaic (solar) systems. The city also has the potential to generate energy from a variety of local sources, including biogas from wastewater treatment facilities and biomass (i.e., yard and food waste). The city will request proposals from private companies to design, build, install and operate small- scale energy technologies that can utilize available resources to generate electricity and/or heat energy. The most viable technologies will generate energy at a competitive rate for the city while also reducing other sources of GHG such as those from solid waste and biogas. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 39 ) Clearwater Greenprint 2.0 6.7.- Renewable Energy Challenge A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies. B. Support code changes that remove obstacles to installing renewable energy systems. C. Provide information to assist residents with purchasing renewable energy equipment. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options. E. Create a website that allows the Clearwater community to submit property information and view addresses where renewable energy systems have been installed. COBENEFITS There is ample space for installing renewable energy systems (e.g., photovoltaic systems and geothermal) on already existing residential, commercial, industrial and city properties. The city will prepare a marketing and outreach campaign to challenge property owners to install renewable energy technologies. As part of the challenge, the city will strive to meet the goal by purchasing and installing renewable energy systems that are economically viable and that have the quickest return on investment. To assist residential, commercial, and industrial property owners in meeting the challenge, the city will support code changes that remove obstacles to installing renewable energy systems and provide information to assist the consumer in purchasing renewable energy equipment. Information may include local, state, and federal incentives, local contractors, economic and environmental benefits of the technology, potential ways to finance the systems and a website that allows the Clearwater community to view and post where installations have been made. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 40 ) Clearwater Greenprint 2.0 6.8.- Renewable Energy Finance A. Investigate financing mechanisms for expanding renewable energy generation. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price. Aside from energy finance programs (Green Energy & Buildings Strategy #1), there are other public and private financing tools that can be used to lower up-front costs of renewable energy systems for property owners. The city will investigate various financing mechanisms for expanding renewable energy generation and share its findings with the community at large. Some financing mechanisms include clean renewable energy bonds, power purchase agreements, net metering, and bulk purchasing of renewable energy. The United States Internal Revenue Service administers the Clean Renewable Energy Bond program which provides funding to public organizations for renewable energy projects. Power Purchase Agreements are agreements between power producers and customers in this case, for the purchase of renewable energy. Net metering is a system in which solar panels or other renewable energy generators are connected to a public utility power grid and surplus power is transferred onto the grid allowing customers to offset the cost of power drawn from the utility. In 2020, the city enrolled in Duke Energy’s Clean Energy Connection program. The program will enable the city to receive 40% (11,284 kW) of its annual municipal electricity consumption from Duke’s solar systems starting in 2022. The city also partnered with Solar United Neighbors (SUN), a non-profit that enables residential groups to purchase photovoltaic systems at lower prices. By participating in the SUN Greater St. Pete Solar Co-op program, interested Clearwater residents joined with other Pinellas County residents to organize and purchase photovoltaic systems in bulk. This enables each household to receive the system at a significant reduction in price. The city will continue partnering with SUN to enable future solar co-ops across Clearwater. Another option that is available to residents is the Solar and Energy Loan Fund (SELF). SELF is a nonprofit organization that provides loans, project management and contractor vetting for home improvement options that improve energy efficiency, water conservation and storm preparedness. The organization prioritizes low- and moderate-income neighborhoods to achieve positive environmental impacts while reducing the costs of home ownership. The city will work to publicize the availability of SELF programs at events and in its publications. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 41 ) Clearwater Greenprint 2.0 6.9.- Energy-Efficient Streetlights A. Request conversion of all Duke Energy-owned electric streetlights to LED. Compared to conventional lighting, light emitting diode (LED) lighting can reduce energy use by 50% and requires less maintenance. Since 2015, the city has converted over 11 thousand streetlights to LED bulbs. All traffic signals, including pedestrian signals, now use LED lighting as well. With support from local governments such as Pinellas County and St. Petersburg, Clearwater will approach Duke to request conversion of the electric utility’s streetlights to LED lighting for lights that have yet to be converted. 6.10.- Municipal Energy Management Program & Policy A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings. B. Develop a formal energy management policy for city buildings and operations. Behavior change can go a long way when it comes to saving energy. The city will work with a third-party company to create an energy savings program for its facilities. This program will include staff training, web-based energy tracking of individual buildings and energy benchmarking. From this program, the city will develop a formal energy management policy for city buildings and operations with the intent to reduce electricity intensity (kilowatt-hours per square foot) an additional 10% below our 2019 levels by 2025. The policy will set reduction targets and dates, standardize operation practices (e.g., thermostat set points), establish energy benchmarking protocol and specify acceptable and prohibited equipment use and purchases. Best practices and results will be shared with the business community to expand the energy efficiency practices city-wide. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 42 ) Clearwater Greenprint 2.0 6.11.- Municipal Re-commissioning Plan A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. B. Create an LED lightbulb conversion program for city buildings. C. Train key staff that do not have the appropriate skills to test the equipment. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (see Green Energy and Buildings Strategy #11) COBENEFITS The city has made investments in energy efficiency upgrades of its buildings and has been able to save hundreds of thousands of dollars in energy and operational costs. Through these upgrades, the city is expected to continue saving money, with an expectation that these upgrades could create millions of dollars in savings over the next six years. However, the full energy savings will not be achieved without ongoing maintenance of the equipment. The city will establish a re-commissioning plan to inspect, test and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment. An LED light bulb conversion program will be created for city buildings in order to strategically change out energy-wasting light bulbs and quantify the resulting energy savings on a building-by-building basis. Where necessary, the city will provide training to key staff that currently do not have the appropriate skills to test the equipment. In addition, certain chilling appliances have a high impact on the climate due to the refrigerants they use. These refrigerants are powerful GHGs called hydrofluorocarbons (HFCs). HFCs are short-lived pollutants, but they have a heat-trapping impact on global warming that’s thousands of times more powerful than that of carbon dioxide. Appliances such as chillers, refrigerators, freezers, ice makers, dehumidifiers and air conditioners likely contain HFCs. Unfortunately, as the world gets hotter, demand for air conditioning increases. In fact, by 2050, Florida is projected to experience some of the highest frequencies of extreme heat in the nation. Thankfully, HFC substitutes, like propane and ammonia, are available. The city will identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (Green Energy and Buildings Strategy #11). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 43 ) Clearwater Greenprint 2.0 6.12.- Municipal Performance Standard A. Build all new municipal facilities to a nationally recognized high- level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star). The city will lead by example by building all new municipal facilities to a nationally recognized, high-level performance standard such as LEED, Florida Green Building Coalition or Energy Star. Within a chosen standard, the city will prioritize energy and water efficiency as well as waste reduction features. 6.13.- Resilient Infrastructure A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. B. Prioritize resilience upgrades in capital and operational. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. D. Explore grant opportunities for municipal solar photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted-living homes) to protect vulnerable populations and reduce GHG emissions. COBENEFITS: Existing city facilities and infrastructure may need to be retrofitted extensively in order to withstand local climate change impacts. The vulnerability assessment, outlined in item 5.7(c) of the Resilience Planning and Outreach Strategy, will provide a greater understanding of the projected climate change impacts and risks, as well as the city infrastructure that is most vulnerable. The city will aim to have both existing and new buildings and infrastructure comply with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition. The city will also routinely update its design criteria and community development code to further advance this shift towards resilience. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Energy and Building ( Page 44 ) Clearwater Greenprint 2.0 The city will also prioritize resilience upgrades in its capital and operational budgets in order to reduce the long-term risk and negative economic impact of climate change. Finally, the city will create educational materials and events for the public to improve the adaptive capacity their own buildings, structures, and properties. Information such as FEMA flood zone identification, hurricane preparedness, living shoreline or sea wall installation, sea level rise projections and more will be provided in an understandable and reoccurring manner. To protect vulnerable populations while reducing GHG emissions, the city will also explore grant opportunities to add photovoltaic and energy storage for critical building infrastructure, including emergency shelters, schools, cooling centers and nursing or assisted-living homes. Learn More About Green Energy and Building: Renewable Energy Financing Guide to Purchasing Green Power (Rep.). (2018, September). Retrieved February 21, 2021, from United Stated Environmental Protection Agency website: https://www.epa.gov/sites/production/files/2016- 01/documents/purchasing_guide_for_web.pdf Fuel Switching U.S. Energy Information Administration - About 13% of U.S. electricity generating capacity can switch between natural gas and oil (2020, February 2). Retrieved January 28, 2021, from https://www.eia.gov/todayinenergy/detail.php?id=4 2776 Clean Energy Solutions Center: Natural Gas Fuel Switching. (n.d.). Retrieved January 28, 2021, from https://cleanenergysolutions.org/resources/techn ology/natural-gas-fuel-switching Building Energy Benchmarking Benchmarking. (n.d.). Retrieved January 28, 2021, from https://www.energystar.gov/partner_resources/residential_ new/program_reqs/mfhr/benchmarking Extreme Heat in Florida Killer Heat in the United States Climate Choices and the Future of Dangerously Hot Days (Rep.). (2019, July). Retrieved February 22, 2021, from Union of Concerned Scientists website: https://www.ucsusa.org/sites/default/files/attach/2019/07/ killer-heat-analysis-full-report.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 45 ) Clearwater Greenprint 2.0 Transportation is a key sustainability issue for the city of Clearwater, as the combustion of fuels for transportation is the second-largest contributor to the city’s greenhouse gas emissions. The ability to travel easily and affordably using multiple types of transportation is also essential to a healthy local economy. Therefore, providing safe, convenient, and affordable transportation options for residents, workers, and visitors is an important component of the city’s sustainability plan. Having true transportation choices requires continued investment in “complete streets,” which accommodate pedestrians, bicyclists, transit, and cars; and in designing communities that make these transportation options possible. Clearwater is a largely developed community and most of the major streets in the city have been widened to the maximum extent. This means that new street widening projects to accommodate greater traffic flow are not possible in most areas. With this constraint in mind, we will need alternatives to automobile travel to meet the travel demands that come with increasing population. The pattern and design of our urban places should better support walking, transit, and bicycling. At the same time, the design and function of our street network needs to be rearranged to achieve a balance that meets the needs of all. In addition to promoting alternatives such as public transit, bicycling and walking, the city will prepare for the next major shift in the automobile industry: the electrification of vehicles. Electric vehicles have no direct emissions and are three to six times more energy efficient than a car that runs on gasoline. In addition to their lack of GHGs, switching to electric vehicles decreases the pressure for offshore drilling in the search of oil and results in healthier environments for people by decreasing air pollution. Improvements in the production of electric vehicles over the years have made them increasingly efficient and affordable. Vehicle Mile Reduction Complete Streets Policy Local Transit Improvement Low Emission Vehicles Municipal Fleet Conversion Congestion Management Municipal Telecommuting Policy Healthy Street Design k Transportation Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 46 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 7.1 Vehicle Mile Reduction A. Launch a VMT reduction campaign. B. Reduce city-wide VMT by 10%. C. Launch an internal VMT reduction program for employees. 7.2 Complete Streets Policy A. Complete actions outlined in the Complete Streets Plan B. Healthy street design is local government policy.. 7.3 Local Transit Improvement A. Continue to advocate for more funding to increase bus and trolley stops on existing routes. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling. C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services). 7.4 Low Emission Vehicles A. Support construction of infrastructure for low-to-zero emission vehicles. B. Continue to install public EV charging stations. C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies. D. Host a minimum of one event per year at which the public is encouraged to try an electric vehicle. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clean Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles. Transportation – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 47 ) Clearwater Greenprint 2.0 7.5 Municipal Fleet Conversion A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles. B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit). C. Increase the share of municipal light-duty vehicles running on alternative fuels. 7.6 Congestion Management A. Manage traffic congestion by considering alternative intersection designs. B. Continue to include roundabouts in new road construction projects. C. Consider use of other congestion management practices. 7.7 Municipal Telecommuting Policy A. Increase the alternative work schedule and telecommuting opportunities available to city workforce. B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible. Photo Credit: Bryan Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 48 ) Clearwater Greenprint 2.0 7.1.- Vehicle Mile Reduction A. Launch a VMT reduction campaign. B. Reduce city-wide VMT by 10%. C. Launch an internal VMT reduction program for employees. COBENEFITS Success in meeting the city’s GHG reduction goals will require each of us to commit to reducing the amount of driving we do. The city will promote this change by initiating a vehicle miles traveled (VMT) reduction campaign. This campaign will educate residents with the aim of reducing city-wide VMT by 10%. By setting a challenge to reduce VMT by 10%, businesses and residents who participate will consciously consider the amount of driving they do and take specific steps to reduce it. The city will promote a web based VMT reduction challenge tool that will track goals and results and encourage individuals and businesses to develop their own VMT reduction plans. The city will also lead by example through an internal VMT reduction program for their employees, which will require a shift in how employees get to work and conduct city business. 7.2.- Complete Streets Policy A. Complete actions outlined in the Complete Streets Plan. B. Healthy street design is local government policy COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 49 ) Clearwater Greenprint 2.0 Streets are a vital part of livable, attractive communities. Everyone, regardless of age, ability, income, race or ethnicity, should have safe, comfortable and convenient access to community destinations and public places—whether walking, driving, bicycling or taking public transportation. The city has a long-standing commitment to pedestrian and bicycle- friendly infrastructure, which reduces transportation-related GHG emissions, reduces traffic congestion, promotes a healthier lifestyle for Clearwater residents, and creates community cohesion. Providing sidewalks, trails, and bike lanes along city streets is a matter of policy for the city. According to Smart Growth America, Complete Streets are, “designed and operated to prioritize safety, comfort, and access to destinations for all people who use the street, especially people who have experienced systemic underinvestment or whose needs have not been met through a traditional transportation approach”. The city has made significant progress on its complete streets efforts since City Council approved the original Greenprint in 2011. Multiple trails were constructed to connect larger trails, and trail users can now travel all the way from Tampa to Clearwater Beach. A transportation planner position was created in 2016 to focus on the future of the city’s transportation and a Complete Streets Advisory Committee was also established to review future plans. Many residents from the Skycrest Neighborhood worked with city staff to secure a state grant for the Skycrest Complete Streets project in 2018. The intent of the project is to balance accessibility for all modes of transportation, enhance safety, and to encourage economic revitalization and reinvestment along Drew Street and surrounding neighborhoods. Most recently, Clearwater’s city council approved the Complete Streets Implementation Plan to achieve appropriate, active, and safe streets. Such streets can occur by analyzing the types of land uses (residential, commercial, industrial, public, and so on) within an area and understanding how the surrounding streets can be re-designed to meet the mobility needs of people who use them. According to the article, “Street Design Guidelines for Healthy Neighborhoods”, by Dan Burden of Walkable Communities, Inc., healthy streets are, “networks of roadways and connector trails in communities designed primarily for use by people, not just motorized vehicles.” Such streets are designed for motorists to feel comfortable operating at low speeds. Low traffic volume and low noise, easy access, and multiple routes to destinations are also features. Pedestrian and bicycle movements are favored.” The city of Clearwater will implement healthy street design principles as part of local government policy. The city will also consider the 12 Steps of Walkable Communities according to the Florida Department of Transportation Pedestrian and Bicycle Program and the Street Design Guidelines for Healthy Neighborhoods from Walkable Communities, Inc. in formulating new strategies and policy, and in daily operations. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 50 ) Clearwater Greenprint 2.0 7.3.- Local Transit Improvement A. Continue to advocate for more funding to increase bus and trolley stops on existing routes. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling. C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services). COBENEFITS Improving the transit system will give residents, employees, and visitors access to jobs, services and tourist destinations. In 2017, the city partnered with the Pinellas Suncoast Transit Authority (PSTA) to construct the Clearwater Beach Transit Center. The center added a bus bay, multiple covered pedestrian waiting areas, and new stops for riders making connections along the beach. Most notably, the Clearwater Beach Transit Center included Pinellas county’s first queue-jump, signal prioritization which allows buses to pull ahead of traffic to shorten travel times. The city also funds additional trolley services during the time period in which most schools have spring break in order to reduce the amount of congestion to and from the beach. Most recently, the city is working with the Florida Department of Transportation and the PSTA to form a Memorial Causeway Busway Plan to improve traffic flow to Clearwater Beach. The PSTA has also made significant advancements in its ability to keep passengers informed about real-time bus schedules and wait times. Both a website and a downloadable phone application are available to improve user experience and increase ridership. The city has and will continue advocating for more funding to increase bus and trolley stops on existing routes, which will improve ridership by increasing convenience. The city can also work with the PSTA to prevent poor scheduling of buses and require a minimum amount of wait time between buses. Public transit has also evolved beyond what was envisioned at the time Clearwater Greenprint was first created. Public transit now includes Bus Rapid Transit, carpooling, car share systems (i.e. Uber, Lyft, etc.), zip cars, bike share, and scooters. Water transportation with ferry services, like the Clearwater Ferry, have also become a possibility. The city will explore and further encourage these initiatives. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 51 ) Clearwater Greenprint 2.0 7.4- Low Emission Vehicles A. Support construction of infrastructure for low-to-zero emission vehicles. B. Continue to install public EV charging stations. C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies. D. Host a minimum of one event per year at which the public is encouraged to try an electric vehicle. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clean Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles. COBENEFITS The city will create an environment where low-to-zero emission vehicles have infrastructure that supports them. This includes opportunities for different fueling, parking, and operational needs. High fuel efficiency combustion engine vehicles of all kinds have a place in the future community vehicle fleet mix. This includes high fuel efficiency cars, hybrid vehicles, electric vehicles, motorcycles, mopeds, scooters, and golf carts. Electric driving requires a shift in how we fuel our vehicles as fueling can take place at home, in the community, or along our highways. Perceived lack of charging stations is cited as one of the top barriers to electric vehicle ownership. Therefore, increasing awareness and access to charging infrastructure is one of the best things the community can do to encourage electric vehicle use. The city will continue installing public EV charging equipment and will adopt policies to encourage private investment in charging infrastructure. The city will also adopt “EV ready” policies and changes to the Community Development Code that include charging stations for electric vehicles in new developments. The city will also aim to hold at least one event each year that encourages the public to try an electric vehicle. Multiple organizations, including the Sierra Club and Southern Alliance for Clean Energy can assist in creating an educational and engaging event. Through readiness, the city will provide residents and local businesses encouragement to shift to hybrid and electric vehicles and lower their transportation related GHGs. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 52 ) Clearwater Greenprint 2.0 7.5- Municipal Fleet Conversion A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit) C. Increase the share of municipal light-duty vehicles running on alternative fuels. Over the last ten years, a number of vehicles within the city’s fleet, including 70 garbage and recycling trucks, have been converted to run on compressed natural gas instead of conventional gasoline. While natural gas does produce GHG emissions, current energy-use models find it to produce 6-11% less emissions than gasoline. The city will continue to improve the sustainability of its municipal fleet by adopting a Green Fleet Policy to govern its vehicle purchases and driving practices. As part of this policy, the city will create a vehicle replacement procedure to replace all light duty vehicles with alternative fuels as replacement is needed. This will also require that the city install EV charging stations at key places in order to allow its electric vehicles to charge. The city will investigate the use of certain financing mechanisms, such as vehicle leasing, to participate in the federal tax credit available on electric vehicles. 7.6.- Congestion Management A. Manage traffic congestion by considering alternative intersection designs. B. Continue to include roundabouts in new road construction projects. C. Consider use of other congestion management practices. COBENEFITS Projects that reduce congestion and idling have a significant effect on GHG emissions from vehicles. Since the first version of Greenprint, multiple intelligent transportation systems (ITS) and advanced traffic management systems (ATMS) have been installed around the city to improve congestion, and pedestrian signals have been installed at key intersections. Furthermore, all ATMS facilities have dynamic message signs (DMS) that relay real-time DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 53 ) Clearwater Greenprint 2.0 information to travelers, allowing drivers to prepare for road closures, accidents, or emergency news. The city can further manage traffic congestion by considering alternative intersection designs. Continuing to include roundabouts in new road construction projects can have multiple benefits including the reduced frequency and severity of crashes, reduced traffic delays, increased traffic capacity, reduced long-term operational costs, and reduced emissions and noise. To date, there are 34 roundabouts throughout the city. Additional congestion management practices include: ITS technology that includes real-time congestion and auto travel information; transit trip planning; mobile ticketing; bike/car sharing; and vanpooling technology. 7.7.- Municipal Telecommuting Policy A. Increase the alternative work schedule and telecommuting opportunities available to city workforce B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible With transportation being a large and increasing contributor to our city-wide GHG emissions, the city will lead by example in reducing vehicle miles traveled within city boundaries by using alternative work schedules and increasing telecommuting opportunities within its workforce. It will also encourage virtual meetings, rather than in-person meetings that require driving, wherever possible. The city will develop a Telecommuting Policy to establish alternative work schedule options and define eligible positions and candidates. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Transportation ( Page 54 ) Clearwater Greenprint 2.0 Learn More About Transportation: Complete Streets What are Complete Streets? Smart Growth America. (2020, December 2). https://smartgrowthamerica.org/program/national- complete-streets-coalition/publications/what-are- complete-streets/. Complete Streets. U.S. Department of Transportation. (2015, August 24). https://www.transportation.gov/mission/health/complete- streets. Electric Vehicles Hofstatter, T., Krawina, M., Muhlreiter, B., Pohler, S., & Tschiesner, A. (2020, November 6). Reimagining the auto industry's future: It's now or never. McKinsey & Company. https://www.mckinsey.com/industries/automotive-and- assembly/our-insights/reimagining-the-auto-industrys- future-its-now-or-never. Fleet Replacement and Energy Efficiency US Department of Energy. Strategies for Fleet Managers to Conserve Fuel. Alternative Fuels Data Center: Strategies for Fleet Managers to Conserve Fuel. https://afdc.energy.gov/conserve/behavior_strategies.html. Electric Vehicle Adoption Linke, R. (2017, August 3). The real barriers to electric vehicle adoption. https://mitsloan.mit.edu/ideas-made-to- matter/real-barriers-to-electric-vehicle-adoption. Egbue, O., & Long, S. (2012). Barriers to widespread adoption of electric vehicles: An analysis of consumer attitudes and perceptions. Energy Policy, 48, 717–729. https://doi.org/10.1016/j.enpol.2012.06.009 Healthy Street Design Burden, D., Wallwork, M., Sides, K., Trias, R., & Rue, H. (1999). Street design guidelines for healthy neighborhoods (pp. 1 -15). Sacramento, Calif: Center for Livable Communities. Report available online at http://onlinepubs.trb.org/onlinepubs/circulars/ec019/ec019_b1.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 55 ) Clearwater Greenprint 2.0 The city of Clearwater was shaped during a time when fuel was cheap and abundant and driving was the primary mode of transportation. These conditions resulted in important destinations such as workplaces, homes, schools, and commercial centers being built far apart from one another. Clearwater’s sprawling development pattern contributes to residents’ heavy dependence on personal automobiles for travel. Because most of Clearwater is already developed, the city must look towards improving vacant or underutilized properties to make it easier to access resources and promote growth. Creating conditions that enable sustainable growth requires thoughtful consideration of the relationships between how a property is used and the transportation options available to the surrounding community. Many areas in the city are either stable in redevelopment or are attracting new building development at a very slow rate. Where redevelopment is not occurring, buildings will need to be maintained, repurposed, or retrofitted. This will ensure that quality housing, jobs, goods and services are available throughout the community. Improving existing buildings was identified as one of the biggest long-term challenges facing the city in the original Clearwater Greenprint plan. That challenge continues to exist. There has been an increasing rate of building obsolescence due to rapid residential and commercial growth using infrastructure that regularly needs to be replaced. These buildings require a large amount of ongoing maintenance and energy to operate. The present and future owners of Clearwater’s existing buildings will be challenged to invest enough money to successfully maintain the building frame while upgrading the infrastructure inside to be more energy efficient. In addition to challenges in the existing building stock, there are demographic trends that need to be considered when designing a sustainable approach to land use. According to United States Census Bureau estimates, Pinellas County was one of only two counties in Florida that did not increase in permanent population from 2000 to 2010. Permanent population consists of those residents who live in the county year-round. However, other local projects from the Pinellas County planning agency and Forward Pinellas anticipate some population growth in the decades to come. This growth is not expected to be as large as what is expected in other neighboring counties with more vacant land. There is also the potential for change in the retired population that moves to the area. Clearwater will continue to attract new retirees over time, but it will most likely be a population of retirees with less spending money than past generations. If the retiree migration rate declines over time, that population will need to be replaced to keep the local Livability Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 56 ) Clearwater Greenprint 2.0 economy growing and strong. As a result, there is a need to attract different demographics to the city including young and working-aged people to the city. In light of this information, the city will need to find a balance between encouraging high quality, energy-efficient development and maintaining an economic environment that is attractive to developers to create new homes and jobs. At the same time, the city will need to incentivize reuse and revitalization of the existing structures so they can remain usable over the long term. Finally, the city has the opportunity to improve quality of life and mitigate greenhouse gas emissions by improving or transforming land area that is currently underutilized. The city will continue to increase the tree canopy through its own plantings and by encouraging plantings on private property. It will also continue to seek opportunities to create and maintain areas for recreational purposes and protect environmental resources. Ultimately, the city wishes to create a livable neighborhood, or one that is pleasant, safe, affordable, and supportive of its members. Such a neighborhood may include attractive pedestrian-oriented streets with low traffic speed and congestion as well as affordable, sustainable housing that is within reasonable distance to employment opportunities that offer living wages. Development Incentives Property Revitalization Diverse Housing Options Greenspace Expansion Urban Tree Program and Canopy Target Environmental Conservation Integrated Pest Management Energy Efficient Streets and Parking Environmental Justice Photo Credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 57 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 8.1 Development Incentives A. Continue to provide for mixed-use development in livable, transit-oriented neighborhoods. B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs. 8.2 Property Revitalization A. Encourage restoration and reuse of buildings as an alternative to demolition. B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use. C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development. D. Consider partnership with an educational institution or non- profit organization to demonstrate the benefits of compost in a pilot program or through a publication. 8.3 Diverse Housing Options A. Continue to cultivate a self-sustaining community and local economy to reduce VMT and increase accessibility. 8.4 Greenspace Expansion A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities. Livability – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 58 ) Clearwater Greenprint 2.0 8.5 Urban Tree Program and Canopy Target A. Continue to host an annual tree giveaway. B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate. C. Assess current tree canopy and set an increased canopy goal based on assessment results. D. Create an implementation plan to increase tree canopy coverage. E. Require mitigation for consumption of natural habitat or resources. F. Enact and enforce a tree preservation or land-clearing ordinance. G. Pilot a forest carbon sequestration project on municipal land which will sequester carbon to offset a portion of the community’s annual GHG emissions. H. Develop the planting program under an existing urban forestry project protocol to allow for recording and reporting the results of the program. 8.6 Environmental Conservation A. Become a certified community under National Wildlife Federation Wildlife Habitat Program. B. Enact a sea turtle ordinance. C. Create an endangered lands conservation/purchasing program . D. Promote eco-literacy. 8.7 Integrated Pest Management A. Create an IPM plan address invasive species and problematic insects at city-owned properties. B. Provide the public with educational materials concerning invasive species identification and IPM best practices. C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of S outh Florida) to develop an IPM plan and subsequent educational outreach. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 59 ) Clearwater Greenprint 2.0 8.8 Energy Efficient Streets and Parking A. Develop street design standards that maximize energy efficiency and minimize heat. 8.9 Environmental Justice A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color. B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities. C. Prioritize affordable housing for historically displaced groups to prevent green gentrification. D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants. E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 60 ) Clearwater Greenprint 2.0 8.1.- Development Incentives A. Continue to provide for mixed-use development in livable, transit- oriented neighborhoods B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs COBENEFITS The city has continued to provide for mixed-use development in livable, transit-oriented neighborhoods. Mixed-use development is development that consolidates commercial, residential, or industrial spaces on a single property. In 2012, the city’s Planning and Development department worked with a consultant to create US 19 Corridor Redevelopment plan. This plan focused on increasing the density of available commercial and residential buildings in order to allow for greater transportation options. In essence, the plan intends to bring a “live, work, and play” element to an area that previously experienced only heavy commuting traffic. Following this plan, amendments to the city’s Comprehensive Plan occurred in 2016 to support the new zoning district and development standards. The areas identified in the original Clearwater Greenprint document have not been formally established as Energy Conservation Areas; however, each of the identified areas have been included in the Citywide Design Structure as Activity Centers and Redevelopment Corridors. The city will work to improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs. Photo Credit: Maranda Douglas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 61 ) Clearwater Greenprint 2.0 8.2.- Property Revitalization A. Encourage restoration and reuse of buildings as an alternative to demolition B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development D. Consider partnership with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program or through a publication COBENEFITS A sustainable urban environment has a variety of building types, sizes, and ages. This variability allows buildings to be reused for different purposes over the course of their life. New buildings should be designed with flexible space to maximize the potential for reuse in the future. Designing buildings that can be used for many potential purposes reduces vacancy. It also reduces the need for costly demolition. In addition to economic benefits, reducing construction and demolition waste greatly reduces the amount of garbage generated by the city, as both practices make up a large percentage of the waste stream. Restoration and reuse of building materials prevent this waste. The city will encourage restoration and reuse of buildings rather than demolition. If demolition is needed, the city will look to deconstruct buildings, reusing or recycling the building’s materials wherever possible. The city will also maintain the historic designation process, which helps ensure certain properties and neighborhoods are stable, maintained, and available for long term use. The city will continue to implement its brownfields program and identify incentives, such as tax credits, for brownfield and greyfield development. These are properties that have a degree of hazardous waste or abandoned buildings on them and are difficult to sell as a result. Financial incentives will offset some of the cost of remediation and promote reuse of these usable but sometimes abandoned lands. When remediation is needed, the city will look towards adding compost as an amendment to disturbed land. In addition to preventing food waste from being discarded as trash, compost has a remediating quality for soil. It increases the needed beneficial micro-biotic life within soil, retains water, and allows the ground to sequester carbon. This reduces GHG emissions in the atmosphere. The city will consider working with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program site or publication. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 62 ) Clearwater Greenprint 2.0 8.3.- Diverse Housing Options A. Continue to cultivate a self-sustaining community and local economy to reduce VMT and increase accessibility COBENEFITS Available housing choices must have a range of prices to attract residents in all life stages and income levels. Affordable, energy-efficient, and location-ideal housing will increase the chances that Clearwater will continue to maintain and attract a diverse population. Monitoring and working toward creating the right mix of housing type and cost will create a balance of housing supply to jobs. This balance will reduce the need for Clearwater residents to commute outside the city to work. Reducing the distance residents drive to work not only reduces the city’s GHG emissions from fuel, it also creates a more affordable and enjoyable living experience for Clearwater residents. The city has created plans, known as the Consolidated Plan and Local Housing Assistance Plan, with policies that support a variety of housing types and prices. Furthermore, two new districts have been created to encourage further diversity of housing type and redevelopment within Clearwater’s downtown and U.S. Highway 19 areas. The city will continue to create a more self-sustaining community and local economy that will reduce the need for driving while increasing convenience and accessibility to employment. Photo Credit: Maranda Douglas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 63 ) Clearwater Greenprint 2.0 8.4.- Greenspace Expansion A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities COBENEFITS Maintaining passive parks with minimal recreation opportunities (i.e.. walking, biking only) and maximize natural greenspace and ecosystem function is a win-win. Our community benefits by having access to much needed natural landscape while providing ecosystem relief in a highly urbanized region. The city is continuing with its goals of preserving and expanding greenspace. In February 2019, Moccasin Lake Nature Park reopened after renovations and is now home to a butterfly garden and multiple native plant installations. By offering hiking trails and nature classes, the center is a beautiful resource for those interested in learning more about Florida’s natural ecosystems and wildlife. Clearwater’s Coachman Ridge Park also underwent renovations that were needed to allow greater stormwater flow from the city’s new Solid Waste Transfer Station. The Parks & Recreation department and Engineering department updated the park by increasing the number of trees from 300 to 1,911. Clearwater Greenies, a component of the city’s Parks and Recreation Department, hosts a number of beach, park, and neighborhood cleanup projects throughout the year. The department also offers Adopt-A-Trail, Adopt-A-Park, Adopt-A-Street, and Adopt-A- Waterway programs for citizens and businesses. In 2018, over a thousand hours were spent beautifying spaces and removing litter from areas within Clearwater. The city will continue to support and expand the community’s capacity to manage, develop, and enhance greenspaces for natural habitat, recreation, gardening, and outdoor education opportunities. This includes improving and maintaining public property, creating public- private partnerships to transition underutilized land to these uses and enabling and encouraging these uses on private property through public policies and programs. Enhancing and expanding greenspace will result in better stormwater management, higher carbon sequestration, and a better quality of life for residents. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 64 ) Clearwater Greenprint 2.0 8.5.- Urban Tree Program and Canopy Target A. Continue to host an annual tree giveaway B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate C. Assess current tree canopy and set an increased canopy goal based on assessment results D. Create an implementation plan to increase tree canopy coverage E. Require mitigation for consumption of natural habitat or resources F. Enact and enforce a tree preservation or land-clearing ordinance G. Pilot a forest carbon sequestration project on municip al land which will sequester carbon to offset a portion of the community’s annual GHG emissions H. Develop the planting program under an existing urban forestry project protocol to allow for recording and reporting the results of the program COBENEFITS For Arbor Day 2019, the city celebrated its 37th year as a Tree City USA by giving away thousands of young trees to residents. This tree giveaway is an annual tradition. The city will continue its legacy as a Tree City by developing a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate. The city will consider piloting a forest carbon sequestration project on municipal land, which along with other existing landscape installations will sequester carbon to offset a portion of the community’s annual GHG emissions. Carbon sequestration is the process by which atmospheric carbon dioxide is taken up by trees, grasses, and other plants through photosynthesis and stored as carbon in biomass (trunks, branches, foliage, and roots) and soils. The sequestration of carbon in forests and wood products helps to offset sources of carbon dioxide to the atmosphere, such as fossil fuel emissions. The planting program should be developed under an existing urban forestry project protocol to allow for recording and reporting the results of the program. The city will also assess its current tree canopy and set an increased canopy goal based on that assessment. The project will look at the three Ps of natural resource management (Possible, Potential, and Preferable), GIS methodology, and the Forest Opportunity Spectrum (FOS) for goal setting. From this goal, an implementation plan to increase the city’s tree canopy will be established. Local ordinances, regulations, and the city’s Comprehensive Plan will be updated as needed to accommodate the tree canopy goal. The city will maintain its current tree canopy through a tree preservation and protection ordinance requiring property DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 65 ) Clearwater Greenprint 2.0 owners to apply for permit and compensate the city when removing trees from the public right of way and apply for a permit for certain clearing activities on private property to the extent permitted by law. It’s important to note, however, that canopy size is just one of many criteria to consider when evaluating urban trees. For instance, a robust tree canopy comprised of largely invasive species is not desirable. Age and species diversity, condition of trees and equitable distribution across income levels, to name a few, should also be considered in any future targets. 8.6.- Environmental Conservation A. Become a certified community under the National Wildlife Federation Wildlife Habitat Program B. Adopt a sea turtle ordinance C. Create an endangered lands conservation/purchasing program D. Promote eco-literacy COBENEFITS The city will create programs to increase awareness of our region’s plants and animals and the importance of preserving our natural resources. These initiatives could build on existing partnerships with local organizations such as the Clearwater Marine Aquarium, the Florida Native Plant Society, the Audubon Society, the Tampa Bay Estuary Program, and others. These programs will further assist already existing efforts to raise public awareness of Clearwater’s green spaces and trees, including existing nature preserves such as Moccasin Lake Nature Park. The city of Clearwater will become a certified community under the National Wildlife Habitat Program. As part of this undertaking, the city will take the National Wildlife Foundation Mayor’s Monarch Pledge which involves committing to create habitat for the monarch butterfly and pollinators and educating residents. The city will also create and participate in programs that increase awareness of our region’s plants and animals and the importance of preserving our natural resources. These initiatives include creation of an endangered lands conservation and purchasing program and could build on existing partnerships with local organizations. These programs will further assist already existing efforts to raise public awareness of Clearwater’s green spaces and trees, including existing nature preserves such as Moccasin Lake Nature Park. To support program participation and creation, the city of Clearwater will draft and adopt regulations as necessary. For instance, DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 66 ) Clearwater Greenprint 2.0 the city has adopted language in Section 3-1302(D) of the City of Clearwater Community Development Code which protects sea turtle nesting areas through lighting regulations. 8.7.- Integrated Pest Management A. Create an IPM plan address invasive species and problematic insects at city-owned properties B. Provide the public with educational materials concerning invasive species identification and IPM best practices C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of South Florida) to develop an IPM plan and subsequent educational outreach COBENEFITS Integrated Pest Management (IPM), is a practice used to remove organisms that are causing harm to a desirable plant, ecosystem, or structure. IPM is designed to solve these problems while minimizing risks to people and the environment. IPM provides long-term pest prevention, using natural control methods and only uses pesticides if no other option is effective. IPM pest control materials are selected to affect a specific target organism without harming surrounding organisms. Furthermore, the pest control materials are applied in a manner that minimizes risks to human health. The city will create an IPM plan to alleviate city-owned properties of invasive species and problematic insects. The plan will provide guidance on non-native, invasive plants and species, as well as a detailed plan for removal and/or management of such species. The plan will emphasize non-toxic options and consider potential expansion of invasive species due to climate change. Educational materials about invasive species identification and best IPM removal practices will be provided to the public. Working with an educational institution, like Saint Petersburg College or the University of South Florida, should be considered for both the development of an IPM plan and the work of providing public education. Photo Credit: Spring Branch Neighborhood and Park Association DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 67 ) Clearwater Greenprint 2.0 8.8.- Energy-efficient Streets and Parking A. Develop street design standards that maximize energy efficiency and minimize heat COBENEFITS Energy-efficient street design reduces the amount of heat absorbed by streets, which translates into cooler neighborhoods and less air conditioning use in buildings and cars. Energy-efficient streets are often oriented to protect and enable solar access, and are narrower, better shaded, and constructed with cool paving materials. Tactics include utilizing shade from tree canopies and using cool pavements that enhance water percolation or reflect the sun’s energy rather than absorb it. Shading streets and other paved surfaces will minimize the pavement’s exposure to the sun thereby reducing ambient neighborhood temperatures by as much as 10°F. This, in turn, reduces the cooling loads in buildings. The city will develop street design standards that maximize energy-efficiency and minimize heat. 8.9.- Environmental Justice A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities C. Prioritize affordable housing for historically displaced groups to prevent green gentrification D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 68 ) Clearwater Greenprint 2.0 The U.S. Environmental Protection Agency defines environmental justice as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies.” In promoting environmental justice, the city will actively explore how it can prevent excessive levels of pollution and mitigate environmental and other impacts like noise, odor, and traffic in low-income and communities of color. This can be achieved by assessing current city zoning and land use policies to determine where environmental justice criteria can be incorporated. The city will also include the potential environmental and public health impacts of land use decisions into planning and zoning activities. In an effort to prevent green gentrification, a phenomenon in which the addition of parks, better transit options, and health measures push people out of newly improved neighborhoods, the city will prioritize affordable housing for historically displaced groups. Measures will be considered as to how the city can ensure rent in improved neighborhoods remains affordable and savings from energy-efficiencies can be passed along to tenants. Learn More About Livability: Building Resilience and Efficiency U.S. Climate Resilience Toolkit. U.S. Climate Resilience Toolkit | U.S. Climate Resilience Toolkit. https://toolkit.climate.gov/. Office of Energy Efficiency & Renewable Energy. Why Energy Efficiency Upgrades. https://www.energy.gov/eere/why- energy-efficiency-upgrades. Population Pinellas County. Demographics. Pinellas County, Florida - Planning - Demographic Reports and Data. http://www.pinellascounty.org/plan/demographics.htm . Adaptive Reuse Florida Housing Coalition. (2020). Eyesore to Asset: Building Housing Affordability + Sustainable Communities. Retrieved from https://www.flhousing.org/wp- content/uploads/2020/05/Fannie-Mae-SCIC-Guidebook- 04.2020-1.pdf DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 69 ) Clearwater Greenprint 2.0 Environmental Cost of Demolition Clark, D. (2008, April 1). Adapting an Older Building for a New Use. Buildings. https://www.buildings.com/articles/34689/adapting-older- building-new-use. Grimmer, A. E., Hensley, J. E., Petrella, L., & Tepper, A. T. (2011). The Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Building. National Parks Service. https://www.nps.gov/tps/standards/rehabilitation/sustaina bility-guidelines.pdf. Reuse of Building Materials Environmental Protection Agency. (2020, November 12). Sustainable Management of Construction and Demolition Materials. Environmental Protection Agency. https://www.epa.gov/smm/sustainable-management- construction-and-demolition- materials#:~:text=Demolition%20represents%20more%20tha n%2090,materials%20in%20the%20C%26D%20debris. Housing Diversity Chakraborty, A., & McMillan, A. (2018). Is Housing Diversity Good for Community Stability?: Evidence from the Housing Crisis. Journal of Planning Education and Research. https://doi.org/10.1177/0739456x18810787 Demographics and Growth Mackres, E. (2020, February 13). 4 Surprising Ways Energy- Efficient Buildings Benefit Cities. World Resources Institute. https://www.wri.org/blog/2016/05/4-surprising-ways- energy-efficient-buildings-benefit- cities#:~:text=Energy%2Defficient%20buildings%20reduce%20 indoor,better%20ventilation%20than%20traditional%20buildin gs.&text=Efficient%20buildings%E2%80%94those%20that%20 make,vital%20to%20achieving%20sustainable%20developmen t. Why is affordable housing important? Habitat for Humanity. https://www.habitat.org/stories/reinforcing-importance-of- our-work. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Livability ( Page 70 ) Clearwater Greenprint 2.0 Parks Ellis, D., & Schwartz, R. The Roles of an Urban Parks System. World Urban Parks. Report available online at https://www.worldurbanparks.org/images/Documents/The- Roles-of-an-Urban-Parks-System.pdf Levitz, D. (2014). The role of Parks in Shaping Successful Cities. National Recreation and Parks Association and American Planning Association. Report available online at https://planning-org-uploaded- media.s3.amazonaws.com/publication/download_pdf/Role- of-Parks-Shaping-Successful-Cities.pdf Carbon Sequestration Carbon Sequestration. UC Davis Science and Climate. (2020, May 13). https://climatechange.ucdavis.edu/science/carbon- sequestration/. Integrated Pest Management Eileen Buss and Adam G. Dale. (2020, November 23). Landscape Integrated Pest Management. EDIS New Publications RSS. https://edis.ifas.ufl.edu/in109. Energy Efficient Street Design New York State Energy Research and Development Authority. (2002). (rep.). NYSERDA How-to Guide to Effective Energy- Efficient Street Lighting for Planners and Engineers. Retrieved from https://www.rpi.edu/dept/lrc/nystreet/how- to-planners.pdf Sustainable Streetscape Design Environmental Protection Agency. (2019, September 6). Heat Island Cooling Strategies. Heat Islands - Heat Island Cooling Strategies. https://www.epa.gov/heatislands/heat-island- cooling-strategies. Rehan, R. M. (2013). Sustainable streetscape as an effective tool in sustainable urban design. HBRC Journal, 9(2), 173–186. https://doi.org/10.1016/j.hbrcj.2013.03.001 Public Health, Planning and Zoning Zoning, equity, and public health. (2001). American Journal of Public Health, 91(7), 1033–1041. https://doi.org/10.2105/ajph.91.7.1033 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 71 ) Clearwater Greenprint 2.0 Water has economic, social, and political implications that make it a unique and challenging natural resource to manage. Our habits, practices, and expectations about the availability of freshwater threaten long term enjoyment of this vital resource. Clearwater residents use approximately 11.2 million gallons of drinking water every day. Around 80% of this water is pumped from city-owned and operated groundwater wells. The remaining water is supplied by water purchased from Pinellas County Utilities. While vital to the community, the water treatment process requires a large amount of energy. Transporting and treating water is the highest energy user and greenhouse gas emissions source of all the municipal operations. Water use and the energy demand associated with it can be reduced through behavioral change. There are many behavior-related conservation strategies that can be implemented as first steps toward achieving a more sustainable water resource management system. These types of strategies simply require awareness of the issue and the corrective action, along with personal or organizational desire to be part of the solution. Although Clearwater residents use significantly less water per capita per day (81 gallons) than the national average (88 gallons), water conservation measures can still result in savings. Beyond behavioral changes, there is the installation of water-saving devices in homes and businesses. These low-cost investments produce long-term savings, especially when coupled with reduced need for hot water, which requires a significant amount of energy to produce. Limiting water used for irrigation is essential to reducing water use. Though it requires some knowledge, planning, and investment, landscaping can be designed to use small amounts of water and irrigation systems can be configured to operate only where and when needed. By watering lawns and gardens more efficiently, the U.S. Environmental Protection Agency estimates that Florida residents could save 46 million gallons of water each day, or the daily amount needed to supply every household in Tampa. As a coastal community, it is also important to consider potential impacts from the forecasted sea level rise in Clearwater; among them, flooding and reduced access to drinking water. Water Conservation Waterwise Landscapes Low Impact Development Water Conservation DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 72 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 9.1 Water Conservation A. Continue to encourage water conservation in homes, businesses and industries. B. Continue to consider changes to water use regulations and fees on an annual basis. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. 9.2 Waterwise Landscapes A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. C. Partner with neighborhoods and local organizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques. 9.3 Low Impact Development A. Identify and prioritize potential retrofits to city buildings for rainwater capture. B. Create guidance for private property owners to develop and implement rainwater collection plans. C. Increase awareness of co-benefits of low-impact development. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. Water Conservation – Strategies Photo Credit: Paul Sacca DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 73 ) Clearwater Greenprint 2.0 9.1.- Water Conservation A. Continue to encourage water conservation in homes, businesses and industries. B. Continue to consider changes to water use regulations and fees on an annual basis. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. COBENEFITS The city has and will continue to encourage water conservation in Clearwater homes, businesses, and industries. The city’s Public Utilities department actively educates community members about the availability of water-saving devices such as low-flow toilets and high-efficiency irrigation systems. These devices have been popular in the region and have resulted in significant water savings over the last decade. As a result, the city has a very low usage of water per person. Since the first Clearwater Greenprint plan, the city has continued to progress completing each of the reclaimed water services identified in its Water Supply & Treatment Master Plan. On an annual basis, the city will continue to consider changes to water use regulation and fees. The assessment will include continued evaluation of options to revise rates for promotion of water conservation. The city will encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction and will consider developing Figure 1.- Painted rain barrels (XXXX) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 74 ) Clearwater Greenprint 2.0 year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions. 9.2.- Waterwise Landscapes A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. C. Partner with neighborhoods and local organizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques. COBENEFITS The city will use code-based incentives (e.g. accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures such as Florida-Friendly Landscaping principles. Along with incentives, the city will promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices. The city will partner with neighborhoods and local organizations to recognize existing Florida-friendly yards and highlight effective and affordable xeriscaping techniques. Community members also have access to rainwater collection and water conservation workshops through Pinellas County. 9.3.- Low Impact Development A. Identify and prioritize potential retrofits to city buildings for rainwater capture. B. Create guidance for private property owners to develop and implement rainwater collection. C. Increase awareness of co-benefits of low-impact development. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 75 ) Clearwater Greenprint 2.0 Low Impact Development (LID) is a design approach that emphasizes conservation and use of on-site natural features to protect water quality. Collecting rainwater is a great example of LID. By collecting and using rainwater, we can greatly reduce the use of treated water for landscape irrigation. Rainwater collecting systems, especially from roof areas, are easy to install and there are a variety of sizes and styles of rain barrels and cisterns for rainwater storage. Other examples of LID include bioswales, rain gardens, green roofs, and more. The National Resource Defense Council analyzed 17 LID case studies comparing the cost of LID and conventional stormwater management practices. In most cases, LID methods were both economically and environmentally beneficial, with capital cost savings ranging from 15 to 80%. Since Clearwater Greenprint was first created, the city has incorporated LID elements into its Stormwater Drainage Criteria Manual and the development standards it uses for the US 19 and Downtown zoning districts. The Cleveland Streetscape Phase III design will also incorporate LID practices such as integrating stormwater detention into vegetated street areas so that it can be stored temporarily until it can drain naturally instead of diverting it directly into the city’s stormwater system. Looking forward, the city will identify and prioritize potential retrofits to city buildings for rainwater capture. Additionally, the city will create guidance for private property owners to develop and implement rainwater collecting plans with a goal of capturing runoff from at least 10% of impervious surfaces, or surfaces that prevent the entry of water (e.g., asphalt, concrete, brick, and stone). The focus of the efforts should be on roof area, but might include installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads. Rainwater collecting systems, in combination with reuse of greywater, which is relatively clean wastewater from baths, sinks or washing machines, will reduce demand for and expense of piped water for landscape irrigation. As part of the overall sustainable water resources program, integrating LID principles into building and site designs, such as bioswales, rain gardens, and other vegetated areas, will go a long way toward raising awareness of water resource issues. LID also has many non- water saving benefits, including conserving greenspace and stormwater retention. The city will work to increase awareness of these co-benefits. Learn More About Water Conservation: Importance of Water Conservation Conservation. United States Department of Agriculture. https://www.usda.gov/topics/conservation. Manage Every Drop. American Water Works Association Resources and Tools. https://www.awwa.org/Resources- Tools/water-knowledge/water-conservation. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Water Conservation ( Page 76 ) Clearwater Greenprint 2.0 Water Conservation. Pinellas County Florida - Utilities - Water Conservation. https://www.pinellascounty.org/utilities/water- conservation.htm. Florida Friendly Landscapes Florida Friendly Landscaping Program, UFIFASFFL Florida- Friendly Landscaping™ Program. Florida Friendly Landscaping. https://ffl.ifas.ufl.edu/. Environmentally Friendly Street Design Benefits of Low Impact Development: How LID Can Protect Your Community's Resources. United Stated Environmental Protection Agency. (2012, March). https://www.epa.gov/sites/production/files/2015- 09/documents/bbfs1benefits.pdf. Photo Credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 77 ) Clearwater Greenprint 2.0 Clearwater’s garbage is collected, transported, then processed at the Pinellas County Waste-to-Energy Facility in St. Petersburg, Florida. While the waste-to-energy process reduces the amount of solid waste deposited in landfills and generates electricity, it also produces greenhouse gas emissions from the burning of plastics, tires, and other carbon- based waste materials. 90% of the garbage created in the county is burned through waste- to-energy while 10% is landfilled. The landfilling of material also creates methane, a harmful GHG when produced in excess. In 2018, Clearwater residents and businesses generated 6.6 million tons of garbage and recycled 9.6 thousand tons of plastic containers, glass bottles, metal cans, mixed paper, and newspaper. Additionally, 3.7 thousand tons of yard waste was collected and repurposed. Both businesses and consumers can have a large impact on waste reduction. Business can make products using less toxins and packaging while increasing their use of packaging that is recyclable or compostable. Consumers can better manage their waste by reusing items, recycling properly, composting, and correctly disposing of electronics and other hazardous waste. We should all do our best to avoid products that generate large amounts of waste and choose to reuse items rather than placing them in the trash. Further sustainable practices include composting at home, recycling properly, and buying products that are made of material that was previously recycled. Yard Waste Collection Recycling Program Expansion Backyard Composting Program Commercial Composting Trash to Trends Event Municipal Waste Reduction Policy Waste Reduction DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 78 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 10.1 Yard Waste Collection A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. 10.2 Recycling Program Expansion A. Continue to offer recycling services to residents and businesses. 10.3 Backyard Composting Program A. Continue the virtual Clearwater Creates Compost course and complete an annual compost bin giveaway day 10.4 Commercial Composting A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program. 10.5 Trash to Trends Event A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream. 10.6 Municipal Waste Reduction Policy A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices. B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year. Waste Reduction Photo Credit: City of Clearwater Waste Reduction – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 79 ) Clearwater Greenprint 2.0 10.1.- Yard Waste Collection A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. In 2010, the city started a residential yard waste program to divert yard waste (i.e. leaves, grass clippings, branches) away from the county waste-to-energy facility and landfill. Instead, the yard debris material was collected and sent to a company that repurposes it into mulch or fuel. The program has reduced operating hours and solid waste disposal fees paid by the city’s Solid Waste and Recycling department. The city will continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting. 10.2.- Recycling Program Continuation A. Continue to offer recycling services to residents and businesses. The city expanded previous recycling options to include more types of plastic as well as glass. It also launched a single-stream recycling program in 2013 to make recycling more convenient and provided 90-gallon barrels to every single-family home. In the fiscal year that extended from 2016 to 2017, almost 14 thousand tons of material was recycled as opposed to the 6,000 tons in 2009. In January of 2018, China, which traditionally was the largest importer of the world's recycling - receiving over 30% of all global material, announced that it would not accept any recycling that contained more than 0.05% contamination. In regard to recycling, contamination is anything that is not recyclable – this includes plastic bags, food waste, containers with liquid, Styrofoam, fabric, hoses, wood, paint, scrap metal, etc. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 80 ) Clearwater Greenprint 2.0 An audit of Clearwater's recycling stream was also conducted in 2018 and found that the city’s recycling ranged from 25-30% contamination. This is a trend that can be seen across the United States, with many cities having a similar contamination rate in their recycling. Contamination can create very hazardous working conditions, as plastic bags and electronics can cause fires in our facilities. Contamination can also cause an entire load of true recyclables to be rejected by the city’s processors and then it all must be disposed of as trash. Furthermore, contamination also makes recycling programs costly. China's essential closure as a market, in addition to improper recycling practices across the U.S., has made recycling very expensive for cities - even more so than taking the material to a landfill or waste-to-energy facility. As a result, cities around the country have decided to end their recycling programs. Fortunately, the city of Clearwater remains committed to offering a recycling program to its residents and businesses. The city is actively focusing on improving the quality of its recycling and is educating the public about what is accepted in the city’s program. Focusing on waste reduction, first and foremost, is the best course of action – with proper composting and recycling being used as secondary practices to repurpose valuable material. 10.3.- Backyard Composting Program A. Continue the virtual Clearwater Creates Compost course and complete an annual compost bin giveaway day Organic waste, like food scraps and yard trimmings, release methane when placed within the oxygen-free conditions of a landfill. Methane is an incredibly potent GHG. In 2018, methane produced roughly 9.5% of all human made U.S. GHG emissions. While that percentage is small, methane has a global warming factor that is 25 times greater than carbon dioxide over a 100-year period. In an effort to reduce food waste as well as methane generation, the city launched an online “Create Compost” course in late 2020 that encourages people to learn to compost in their backyard. Program participation was incentivized by providing a starter composting bin to residents who enroll in the program and live within City of Clearwater limits. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 81 ) Clearwater Greenprint 2.0 10.4.-Commercial Composting A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program. With the help of local organizations, the city will develop a pilot composting program to divert food scraps from the landfill and demonstrate the viability of a city-wide program. The pilot program will initially target the commercial sector, with preference for high volume generators of food waste including hospitals, schools, hotels, and restaurants for on-site or collection composting programs. Information on participation rates, challenges, benefits, and costs will be tracked and monitored. If demonstrated that the program’s economic, environmental and social benefits outweigh the costs, the study may be expanded to collecting and processing food waste from select neighborhoods in the residential sector. 10.5.-Trash to Trends Event A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream. Similar to websites like FreeCycle and Craigslist that provide a platform for giving away or exchanging used goods, the city will organize an annual community event for swapping reusable goods. The event, like the Clearwater Community Swap held in downtown in 2010, would serve to divert reusable goods from the solid waste stream and could be combined with an educational and awareness campaign on waste reduction practices. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 82 ) Clearwater Greenprint 2.0 10.6.-Municipal Waste Reduction Policy A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices. B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year. COBENEFITS At present, the city promotes payment of bills online. Moving forward, where possible, the city will also transmit important billing documents on recycled paper. Furthermore, the city offers recycling at many of its facilities and has transitioned to paperless (i.e., electronic) systems in most of its departments. In 2018, the Clearwater City Council also unanimously passed Resolution 18-08 to encourage Clearwater businesses to adopt ocean-friendly practices. Ocean-friendly businesses choose reusable, paper-based biodegradable, compostable or recyclable materials instead and maintain a clean recycling program. Ocean-friendly practices include not using plastic bags, plastic straws, plastic utensils, Styrofoam, and balloons. The city’s next step will be to adopt a formal waste reduction policy and goals that address ocean-friendly, recycling, and printing practices. Also, standards for events held on municipal sites will be developed to reduce waste generation and use of single use plastics as well as increase recycling by thousands of event goers in Clearwater each year. Guidelines for this municipal waste reduction policy will be outlined under the city’s Green Procurement Policy (Green Economy strategy #8). Learn More About Livability: Waste Generation Environmental Protection Agency. Municipal Solid Waste. EPA. https://archive.epa.gov/epawaste/nonhaz/municipal/web/h tml. Waste Reduction. Florida Department of Environmental Protection. https://floridadep.gov/waste/waste-reduction. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Waste Reduction ( Page 83 ) Clearwater Greenprint 2.0 Recyclable Material Residential Recycling: City of Clearwater, FL. Residential Recycling | City of Clearwater, FL. https://www.myclearwater.com/government/city- departments/solid-waste-general-services- department/recycling-services/single-stream-recycling. Cost of Recycling Corkery, M. (2019, March 16). As Costs Skyrocket, More U.S. Cities Stop Recycling. The New York Times. https://www.nytimes.com/2019/03/16/business/local- recycling-costs.html Global Warming Potential Environmental Protection Agency. (2020, September 9). Understanding Global Warming Potentials. EPA. https://www.epa.gov/ghgemissions/understanding-global- warming-potentials. Photo Credit: Beth Davis Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 84 ) Clearwater Greenprint 2.0 Photo Credit: Beth Davis Pinellas County is largely developed with only a few small farms within its boundaries. As a result, most food consumed by Clearwater residents comes from other counties, states, and even countries. Transporting this food from far-away locations requires fuel and accounts 14% of the total energy used to get food from farm to market. A sustainable community provides healthy food for its people. The quality of food, health, and the natural environment are interconnected. The availability of healthy foods directly influences what people eat and therefore their physical well-being. Local foods are transported shorter distances from farm to consumer tables, ensuring fresher foods while reducing greenhouse gas emissions. Local foods also tend to be less processed and require less refrigeration, which also reduces GHG emissions. Local foods are generally fresher than foods transported long distances. Most locally-produced food also uses fewer toxic chemicals, which can impact community health and the natural environment. Eating a diet that is also rich in plants has a lower carbon footprint and conserves more water than diets with higher amounts of meat. While younger generations have grown up without great awareness of where their food comes from, there are many people in Clearwater that have substantial knowledge about small-scale food production that could provide guidance for community gardening. This presents a significant opportunity for learning, experimenting, and knowledge sharing within the community and even bridging cultural and generational divides. Growing food also brings about a greater knowledge of Clearwater’s seasons, soil, and wildlife. This knowledge adds to a greater sense of place and care for our land. Urban Agriculture Task Force Local Food Production Urban Agriculture Community Garden Grant Program Climate-Friendly Food Policy Local Food DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 85 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 11.1 Urban Agriculture Task Force A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. C. Leverage partnerships to obtain grant funding for planning and project start-up activities. 11.2 Local Food Production A. Define “local” in the context of food production and the community’s needs. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods. 11.3 Urban Agriculture A. Conduct an inventory of public and semi-public lands that would be suitable for food production for pilot projects. B. Amend the Community Development code to allow and support community gardens and other forms of urban agriculture. 11.4 Community Garden Grant Program A. Create a Community Garden Grant Program. 11.5 Climate-Friendly Food Policy A. Encourage staff and residents to a eat plant-rich meal at least once a week. B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy. C. Consider a resolution in support of “Meatless Mondays”. Local Food – Strategies Photo credit: Kathleen Beckman DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 86 ) Clearwater Greenprint 2.0 11.1.- Urban Agriculture Task Force A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. C. Leverage partnerships to obtain grant funding for planning and project start-up activities. COBENEFITS A new task force organized and facilitated by the city will assist in developing and implementing recommendations for expanding local food production. The task force will develop partnerships among non-profits, ministries, neighborhood associations and private interests to increase local food production and commerce, funding opportunities, and pooling of resources. Partnerships will increase opportunities for grant funding for planning and project start-up activities. The task force could create an educational campaign to bolster awareness and use of existing initiatives that promote local food consumption. 11.2.- Local Food Production A. Define “local” in the context of food production and the community’s needs. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods. COBENEFITS The Urban Agriculture Task Force should define what is “local” in the context of food production and the community’s needs and develop a “foodshed” program in collaboration with regional partners to increase the availability of local foods. A “Buy Fresh Buy Local” DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 87 ) Clearwater Greenprint 2.0 program will serve as a model program for strengthening local and regional markets. It will identify and highlight local growers, exposing them to the local Clearwater market. It will also provide general information on the benefits of locally sourced food. The program would create multiple food growing, processing, storing, and selling opportunities, increase awareness, and provide linkages between farmers, consumers and organizations. Developing more local food systems will also serve to create greater resilience throughout our community by increasing food security. 11.3.- Urban Agriculture A. Conduct an inventory of public and semi-public lands that would be suitable for food production for pilot projects. B. Amend the Community Development code to allow and support community gardens and other forms of urban agriculture. COBENEFITS The city will conduct an inventory of public and semi-public lands that would be suitable for food production for the purpose of identifying sites for food production pilot projects. The city will amend the Community Development Code to allow and support community gardens and other forms of urban agriculture. Amendments will address hydroponics or other food production facilities in existing and new buildings. 11.4.- Community Garden Grant Program A. Create a Community Garden Grant Program. COBENEFITS DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 88 ) Clearwater Greenprint 2.0 Getting outside and gardening has known physical, mental, and emotional health benefits. Participating in a community gardens can multiply these benefits. From a sustainability perspective, community gardens are great because they increase our community’s access to fresh and local produce, improving Clearwater’s carbon footprint by decreasing the travel distance food takes from farm to table. This close proximity also helps to encourage a more resilient food system. Community gardens go even further to enable additional social benefits, as they encourage neighbors to get to know one another and support a sense of place and pride within our community. To support Clearwater’s existing community gardens and encourage new community gardens to develop, the city of Clearwater will create a Community Garden Grant Program. The mission of the Program will be to advance the city’s sustainability goals by supporting the creation or development of community gardens within city limits. 11.5.- Climate-Friendly Food Policy A. Encourage staff and residents to a eat plant-rich meal at least once a week. B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy. C. Consider a resolution in support of “Meatless Mondays.” COBENEFITS U.S. citizens consume roughly 2.6 times more meat than the global per person average. Greenhouse gas emissions from agriculture have increased by 10.1% since 1990 and animal agriculture is now responsible for more than half of all food related greenhouse gas emissions. Alternatively, diets that are plant-rich, meaning they include more vegetables, fruits, and grains, have lower emissions than diets that mostly derived from animal products. There are also additional health benefit for plant-rich diets, including reducing the risk of heart disease and diabetes. As large population centers, cities and counties have a critical role to play. By reducing the amount of animal products purchased with municipal funds and serving more plant-rich options on city property and events, we can reduce our indirect greenhouse gas emissions and water footprints, all while offering healthier food. The city of Clearwater will consider a resolution in support of “Meatless Mondays” and will encourage staff and residents to eating more plant-rich meals at least once a week. The city will also integrate climate-friendly food procurement guidelines in its Green Procurement Policy (Green Economy strategy #8). DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Local Food ( Page 89 ) Clearwater Greenprint 2.0 Learn More About Local Food: Meatless Mondays Editorial Board. (2019, September 22). Give Up Meat (for a Day, at Least). Bloomberg.com. https://www.bloomberg.com/opinion/articles/2019-09- 22/meatless-mondays-small-diet-changes-have-big- climate-effects. Schiermeier, Q. (2019, August 8). Eat less meat: UN climate- change report calls for change to human diet. Nature News. https://www.nature.com/articles/d41586-019- 02409-7. Benefits of Gardening Soga, M., Gaston, K. J., & Yamaura, Y. (2017). Gardening is beneficial for health: A meta-analysis. Preventive Medicine Reports, 5, 92–99. https://doi.org/10.1016/j.pmedr.2016.11.007 Wang, D., & MacMillan, T. (2013). The Benefits of Gardening for Older Adults: A Systematic Review of the Literature. Activities, Adaptation & Aging, 37(2), 153–181. https://doi.org/10.1080/01924788.2013.784942 Low Meat Diet Health Benefits Mayo Foundation for Medical Education and Research. (2020, August 20). It's time to try meatless meals. Mayo Clinic. https://www.mayoclinic.org/healthy-lifestyle/nutrition- and-healthy-eating/in-depth/meatless-meals/art- 20048193. Photo Credit: Dondi Gutierrez DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 90 ) Clearwater Greenprint 2.0 “Greenwashing” is a new phenomenon in which a product or business is advertised as being better for the environment than it really is. As a result, it can be confusing when trying to choose the best item to purchase or business to support. Many people want to support a business that is doing something good for the world, but these businesses can be difficult to identify. Many businesses would consider more sustainable products and practices if they were provided with direction and shown that “going green” is a good financial decision. A green economy fosters businesses that help protect, restore, and enhance our natural environment. By supporting green businesses, Clearwater’s economy can thrive and prosper while achieving community goals of generating less waste and pollution, saving energy, restoring green spaces, growing food locally, and conserving water. Green businesses could include companies that develop renewable energy or alternative fuels, grow organic produce locally, make products from recycled materials, implement resource conservation practices, or choose to avoid single-use plastics. Traditional companies that modify their practices to be more resource efficient, such as builders who learn to use energy-efficient, environmentally sustainable materials and construction practices, could also meet the definition of green business. Green Business Database Best Practices Sharing Green Job Development Green Guide Regional Partnerships Municipal Green Revolving Fund Green Purchasing Policy \ Green Economy Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 91 ) Clearwater Greenprint 2.0 Section Strategy Name Strategies 12.1 Green Business Database A. Develop a database of green businesses and the number and types of green jobs within the city. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. 12.2 Best Practices Sharing A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, and Ocean Friendly certifications on the city website. 12.3 Green Job Development A. Become a member of Florida Local Environmental Resource Agencies (FLERA). B. Connect unemployed and underemployed people to local green job opportunities. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills. 12.4 Green Guide A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program). 12.5 Regional Partnerships A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area. B. Leverage economic development centers to spur local economic development in the green business sector. 12.6 Municipal Green Revolving Fund A. Develop a municipal GRF to fund sustainable projects and uphold cost-effective services. Green Economy – Strategies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 92 ) Clearwater Greenprint 2.0 12.7 Green Purchasing Policy A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact. B. Create procedures to help departments make the most sustainable purchases possible. Photo Credit: Matt Overdeer DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 93 ) Clearwater Greenprint 2.0 12.1.- Green Business Database A. Develop a database of green businesses and the number and types of green jobs within the city. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. COBENEFITS The city will develop a database of all green businesses including the number and types of green jobs in Clearwater. The city will need to establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise. This data can be collected through surveys, online business searches, and phone interviews with the development community and industry organizations. Clearwater can use the business tax receipt application and renewal process to facilitate data collection. 12.2.- Best Practices Sharing A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, and Ocean Friendly certifications on the city website. COBENEFITS The city Sustainability & Resilience website will recognize businesses that have received green certifications from Leadership in Energy and Environmental Design (LEED), the Florida Green Building Coalition (FGBC), the Florida Green Lodging Program, and Ocean Allies certified Ocean Friendly. The city will also develop a system to recognize and profile other businesses that are taking steps to become more sustainable and resource efficient DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 94 ) Clearwater Greenprint 2.0 without pursuing certifications. The profiles will highlight best practices and the environmental, economic, and social benefits of different companies’ efforts. 12.3.- Green Job Development A. Become a member of Florida Local Environmental Resource Agencies (FLERA). B. Connect unemployed and underemployed people to local gre en job opportunities. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills. COBENEFITS In conjunction with generating green jobs locally, the city will also work to connect people who may be unemployed or underemployed to these new opportunities. The city will partner with existing institutions and organizations, like St. Petersburg College and CareerSource Pinellas, to offer workforce training programs in green job skills, such as renewable energy, energy efficiency, waste reduction, food production, and green building. The program will be implemented in tandem with programs and initiatives that are available in Clearwater to ensure that training results in job placement. 12.4.- Green Guide A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program). COBENEFITS Many businesses in Clearwater rely on tourism, including local hotels, restaurants, real estate rentals, tour operators, and visitor travel outlets. People now want to spend money DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 95 ) Clearwater Greenprint 2.0 at businesses that align with their personal values. As a result, the city will partner with these tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that have made a commitment to green practices. This partnership can also create participation in green business designation programs for the hospitality industry, such as the Florida Green Lodging Program, and for other types of businesses that qualify under programs such as Pinellas County’s Green Business Partnership. The city may choose to create its own designation criteria or registration program in implementing this strategy. 12.5.- Regional Partnerships A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area. B. Leverage economic development centers to spur local economic development in the green business sector. COBENEFITS Economic development centers can be leveraged to spur local economic development in the green business sector. Collaborations are being developed at many levels in the Tampa Bay region, from local municipalities, including the city, up to regional levels like the Tampa Bay Partnership which encompasses eight counties. In 2015, Clearwater Business SPARK was formed to provide a variety of services to developing businesses, including educational resources, mentoring programs, and networking opportunities. The city’s Economic Development department also directs businesses and entrepreneurs to additional facilities and programs, such as the Tampa Bay Innovation Center (TBIN). TBIN is committed to cultivating entrepreneurs and developing technology startups. Other regional organizations include the Tampa Bay Entrepreneur Center, Tampa Bay Wave, USF Connect, and Pasco SmartStart. The city will also become a member of Florida Local Environmental Resource Agencies (FLERA), an organization formed in the 1960s that aims to enhance communication, education, and advocacy for Florida local environmental protection efforts. The city will continue to partner with local and regional organizations and will focus on devising new strategies to specifically attract green businesses to the area. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 96 ) Clearwater Greenprint 2.0 12.6.- Municipal Green Revolving Fund A. Develop a municipal GRF to fund sustainable projects and uphold cost-effective services. COBENEFITS A Green Revolving Fund (GRF) is an internal funding pool that is reserved for financing energy efficiency improvements, renewable energy projects, and other sustainability projects that produce a cost savings. A portion of those savings are then used to replenish the fund and enable an organization to reinvest in future sustainable projects that produce similar savings. Thus, a revolving source of capital is generated to facilitate more green projects and financial savings. The city will develop a municipal GRF to fund sustainable projects and uphold cost-effective services. The Better Buildings Solution Center, a program of the U.S. Department of Energy, offers a number of tools and example programs that the city can use to form its own GRF. 12.7.- Green Purchasing Policy A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact. B. Create procedures to help departments make the most sustainable purchases possible. In order to ensure that the city is purchasing goods and services that best align with the city’s environmental values and sustainability goals, the city will develop a Green Purchasing Policy to encourage the purchasing of environmentally preferable products that improves the city’s overall impact on the environment. Preferred products or services are those that have the most positive effect on human health and the environment when compared with competing products or services that serve the same purpose. When considering a product, the entire life cycle of that product should be assessed. In addition to this policy, the city will create procedures to help departments make the most sustainable purchases. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Green Economy ( Page 97 ) Clearwater Greenprint 2.0 Learn More About Green Economy: Business Case for Sustainability Whelan, T., & Fink, C. (2017, June 1). The Comprehensive Business Case for Sustainability. https://hbr.org/2016/10/the-comprehensive-business- case-for-sustainability. Impact of Personal Values on Purchasing Patterns Vinson, D. E., Scott, J. E., & Lamont, L. M. (1977). The Role of Personal Values in Marketing and Consumer Behavior. Journal of Marketing, 41(2), 44–50. https://doi.org/10.1177/002224297704100215 Chaudhry, D. A., & Follow. (2014, September 8). Does Culture Influence Our Consumer Behavior? If so, How? LinkedIn. https://www.linkedin.com/pulse/20140908174823- 354556068-does-culture-influence-our-consumer- behavior-if-so-how/. Photo Credit: City of Clearwater DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix I.- Strategies Not Included ( Page 98 ) Clearwater Greenprint 2.0 Residents, visitors, business owners, and city staff - each have a role to play in making Clearwater a thriving sustainable community for all. On our journey towards sustainability, we will each learn about and experience new technologies, world events, and perspectives. Changes will happen and our community must remain adaptable and innovative. The Clearwater Greenprint 2.0 is a living document, intended to grow and change to meet the needs of the city as a whole. The city is committed to monitoring Strategy progress and updating the plan to reflect advancements and additions, but it will need your help to succeed. How to make an impact: 1. VISIT OUR WEBSITE, myclearwater.com/sustainability, to find additional resources to live a more sustainable lifestyle. 2. STAY INFORMED and sign up to be notified of news and events by joining the city’s email list. 3. SHOW UP to city meetings and events. Participating in City Council meeting or learning more at a city-sponsored educational event can greatly support the city’s sustainability efforts. 4. SIGN UP to volunteer with a local non-profit organization or to join a city clean-up event. 5. START A CONVERSATION about sustainability with your family and friends. Increasing the awareness in our community is one of the greatest things we can do to make a difference. Concluding Remarks Clearwater’s most important assets are its people. Photo Credit: City of Clearwater Photo Credit: Jorge Rivas DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix I.- Strategies Not Included ( Page I.1 ) Clearwater Greenprint 2.0 Waste Reduction – Pay-As-You-Throw A Pay-As-You-Throw program was considered by the Solid Waste/Recycling department to reduce the amount of material sent to the Pinellas County Waste-to-Energy facility and landfill. It was decided that a more effective method of reducing waste would be to implement a single-stream recycling program. This decreased the need to collect garbage from twice a week to once a week. The city has seen 20% reduction in trash production since the program was introduced. Commercial Recycling Since the first edition of Clearwater Greenprint in 2011, the city of Clearwater’s Solid Waste and Recycling Department has provided education to commercial businesses in the forms of waste audits, educational posters, and presentations. This Clearwater Greenprint also suggested that the city should propose an ordinance to mandate recycling by commercial establishments. However, the global recycling market is vastly different than it was 10 years ago and mandating commercial recycling is not feasible for the city at this time. To re- establish robust and secure recycling programs, the city is focusing on improving the quality of its residential and commercial recycling programs rather than solely the quantity of materials at this time. Appendix I.- Strategies No Longer Included DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.1 ) Clearwater Greenprint 2.0 Purpose This appendix presents Implementation and Measurement Methodologies for tracking progress on Strategies. It also details other technical information gathered and used throughout the report alongside assumptions made in the measurement of Clearwater Greenprint 2.0 Strategies. Each Strategy’s Implementation and Measurement Methodologies is assigned a timeframe for completion based on the section 3, Target Timelines. Assumptions During the creation of Clearwater Greenprint 2.0, Clearwater staff serving on the Sustainability and Resilience Committee were asked to fill out a short survey to better understand the city’s priorities and capacities for improving Clearwater’s response to climate change in the next 30 years. The survey consisted of the following questions: 1. Which of these activities do you think will have the greatest positive impact on the city of Clearwater? (Choose your Top 3) 2. Using the scale below, rate the cost and benefit of public outreach and education activities related to sustainability. 3. Using the scale below, rate the cost and benefit of training certain staff on sustainable practices. 4. Using the scale below, rate the cost and benefit of updating codes and other regulating documents (not including implementation). 5. Using the scale below, rate the cost and benefit of upgrading, rehabilitating, or replacing any municipal infrastructure or equipment to a more energy efficient or environmentally friendly standard. 6. Using the scale below, rate the cost and benefit of coordinating programs and outreach in collaboration with local and regional agencies/organizations. 7. Using the scale below, rate the cost and benefit of applying for and managing grants. 8. Please select the primary activity you are involved in. Appendix II.- Implementation & Measurement Methodologies DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.2 ) Clearwater Greenprint 2.0 Staff’s responses to these questions are summarized in Table II.1 and Figure II.1 below. Staff’s input and budget documentation were used to estimate the costs and benefits of strategies based on their Core Topics. The Implementation and Implementation and Measurement Methodologies contained in this report are based on the following overarching assumptions: • Annual budget allocations to various departments will remain the same, • The relative cost and benefit rating assigned by staff to each action reflects the typical scope for their department or division, and • Staff will review the recommendations contained in this Appendix and draft a final budget for the accomplishment of the monitoring methodologies contained within this report. In addition to the foregoing assumptions and limitations, Implementation and Measurement Methodologies outlined in all Core Topics may necessitate legal review which should occur prior to any budgetary appropriations, applications for grant funding, or any similar expenditure associated with the recommendations set forth in this document. To ensure the health and safety of city staff and attendees, all activities involving gatherings of people described in this document will abide by pertinent health advisories in effect in addition to applicable state, local, territorial, or tribal health and safety laws, rules, and regulations. Table II.1.- Top Priority Areas Ranked by Vote Count Priority Area Rank Count Public Outreach and Education 1 7 Green Energy and Buildings 2 6 Transportation and Accessibility 3 6 Planning and Building 4 3 Water Conservation 5 3 Waste Reduction 6 1 "Green" Economic Development 7 1 Easy Access to Food Locally 8 0 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.3 ) Clearwater Greenprint 2.0 A Public outreach and education activities related to sustainability. B Training certain staff on sustainable practices. C Updating codes and other regulating documents (not including implementation). D Upgrading, rehabilitating, or replacing any municipal infrastructure or equipment to a more energy efficient or environmentally friendly standard. E Coordinating programs and outreach in collaboration with local and regional agencies/organizations F Applying for and managing grants. AB C D E F 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 5 6 7 8 9 10COST BENEFIT Figure II.1.-Average Cost/Benefit for Each Activity Type DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.4 ) Clearwater Greenprint 2.0 Education and Awareness The following section provides the Implementation and Measurement Methodologies for Education and Awareness Core Topic Strategies. Categorization of the relative cost and benefit of the Education and Awareness Core Topic Strategies is provided in Figure II.2.- Administrative and Social Strategies. Strategies in this graphic represent a grouping of Strategies considered to be within similar range of cost to implement. In addition to Education and Awareness, the graphic includes strategies from Green Energy and Buildings, Livability, Local Food, and Green Economy. Strategies within the Education and Awareness Core Topic are largely limited by budgetary allocation and staff hours and consist of programming and data management. The proposed strategies assume the city of Clearwater’s willingness to establish programs, create and maintain databases, launch information collection campaigns, and take other necessary measures to implement the actions described in this section. Feasibility of implementation would be established after budget and hour allocation is determined by staff. Once this occurs, metrics such as number of attendees, number of registrants, attendee demographics, number of downloads, clicks, or website traffic may be used to gauge the success of activities. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.5 ) Clearwater Greenprint 2.0 • Write or re-write mission statement for city of Clearwater to include environmental commitment. • Incorporate the mission statement into the local government’s comprehensive plan. A. Promote education through publications and public events • Set timeline goals and publication schedules for commencement of reports and conduct workshops. • Layout publication schedule and publication format. • Workshops should be held online, quarterly, covering a two-year schedule. Upon completion, the workshop cycle should repeat. B. Provide pertinent local GIS and other data online • Develop and maintain a geographically referenced databases of buildings (including building age), gas transmission lines, wastewater lines, and septic tank locations. • Use these data to inform and direct implementation programs. A. Develop new events that engage the community in sustainability through fun and innovative activities • New events shall occur no less than two times per year. B. Continue to host an annual sustainability conference • The conference shall be held annually. A. Continue youth education programs to educate students about resource conservation • Earmark funding for course/program design and implementation for youth education programming. B. Further current efforts by coordinating with the Pinellas County School Board • Work with Pinellas County or draft and present an ordinance to be ratified by the School Board directing creation of a School Sustainability Committee. • Include purpose and direction on how the Committee will make changes in curriculum or after school programming. A. Organize ongoing educational workshops and presentations to keep staff and elected officials up to date on sustainability initiatives and opportunities • Integrate programming with Strategy 5.1 and use the same materials and metrics with some modification to limit duplication of efforts. 5.1 Mission Statement (Short-Term) 5.2 Community Education (Short-Term) 5.3 Community Outreach (Short-Term) 5.4 Youth Programs (Short-Term) 5.5 Municipal Staff Education (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.6 ) Clearwater Greenprint 2.0 B. Integrate sustainable practices into daily operations and serve as ambassadors and educators about city sustainability programs and projects in daily interactions with the public • Designate staff to spend at least one hour per month participating in these activities. • Appropriate staff will complete one continuing education unit (CEU)-approved course in green buildings on a bi-annual basis. • Provide re-usable mugs or water bottles to all employees. • Include the city’s commitment to the environment in new employee orientation. A. Continuously measure, evaluate, and address both mitigation and adaptation progress in accordance with ICLEI Local Governments for Sustainability, USA Five Milestones for Climate Mitigation and Adaptation • Prepare a reporting calendar schedule and incorporate it into the Strategy 5.1 reporting schedule. A. Form a Resilience Committee comprised of city staff and community partners • The Resilience Committee shall be comprised of representatives from departments involved in planning and zoning, utilities, and transportation. B. Initiate a vulnerability assessment throughout the Clearwater area to identify the factors most at risk to climate change stressors • Coordinate this strategy with Strategy 5.1. and report on committee structure as well as the communications program within one year following establishment. C. Formulate a Climate Action Plan to address each of the vulnerabilities identified and further direct the city’s resilience work • The Sustainability and Resilience Committee will assess risks using climate change data sources such as IPCC sea level rise scenarios and advanced hurricane planning incidence and intensity under climate change/global warming scenarios. • The city of Clearwater will develop digital mapping and modeling capability either in-house or through an outside consultant to assess risk in 1-2 years. • In the 1-2 years adoption of Clearwater Greenprint 2.0, the city of Clearwater will develop a Climate Action Plan. Green Energy & Buildings The following section provides the Implementation and Measurement Methodologies Green Energy and Building Core Topic Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Energy and Buildings Core Topic Strategy. The Green Energy and Buildings Implementation and Measurement Methodologies pivots on several assumptions, mainly that the approval process for each project is informed by its financial feasibility (“project pro-forma”) as well 5.6 Continuous Reporting (Short-Term) 5.7 Resilience Planning and Outreach (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.7 ) Clearwater Greenprint 2.0 as fiscal impact analyses under two conditions: one with the proposed climate change mitigation measure and one without. Furthermore, it is assumed that prior to undertaking other actions, the city of Clearwater will first conduct an inventory of municipal buildings and assess their conditions, and that the city has agency to make improvements to the municipal buildings they seek to retrofit. Additionally, following completion of the building inventory, the city will set targets for retrofits or new construction and assign specific costs. Costs and subsequent budgetary appropriations may be based on a wide variety of metrics including the following publicly available data sources: • Pinellas County Property Appraiser Records, • U.S. Census Data, and • American Community Survey Estimates. A. Partner with public and private organizations to establish an energy finance program • Form a special district or financing district to enable Property Assessed Clean Energy program (PACE) partnerships on non-residential properties. • Staff will use the U.S. Census-based residential characteristics inventory to assess costs and average level of energy efficiency upgrades needed per residential unit. • Staff will set the financial amount the city will provide to seed and support building rehabilitation finance. A. Develop and implement a program that performs comprehensive energy evaluations, recommends conservation practices and upgrades, provides basic information on financing options, and measures the environmental and economic benefits after implementation • Coordinate with electric and water utilities to enhance, supplement existing programs. • Measure monthly kilowatt hours (KwH) or gallons per day (GPD) usage before and after conservation implementation at the user level. • Track historic usage and set future consumption targets. A. Implement a “feebate” program • Coordinate this Strategy with Strategies 6.1 and 6.2. • Track, measure, and record annual funding occurring in the feebate program. A. Encourage and assist developers in incorporating green building practices and standards into their design, construction, maintenance, and operations plans 6.1 PACE – Energy Finance Program (Short-Term) 6.2 Resource Conservation Program (Short-Term) 6.3 Incentives for Upgrades (Short-Term) 6.4 Performance Standards (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.8 ) Clearwater Greenprint 2.0 • Strengthen, enhance, update, and upgrade Comprehensive Plan and land development regulations applicable to new construction. B. Encourage the use of national building performance standards • Provide funding and PACE options for retrofits in redevelopment. A. Continued offering of programs by Clearwater Gas System to increase the number of residents and businesses using natural gas to power appliances • Provide funding incentives for new hookups. • Update digital system maps for gas availability. • Determine program for system expansion if warranted. • Determine if there are efficiency ratings and retrofit standards and potential for existing gas appliances similar to home heating A/C units. • Provide natural gas conservation tips to customers. A. Request proposals from private companies to design, build, install and operate small -scale energy generation facilities that can utilize available resources to generate electricity and/or heat • Enable zoning laws to allow small scale solar facilities on site, or integrated with new construction . • Identify suitable sites of 400 acres to accommodate small scale solar plants. A. Preparation of a marketing and outreach campaign challenging property owners to install renewable energy technologies • Coordinate implementation with Strategy 5.1 and 6.1. B. Support code changes that remove obstacles to installing renewable energy systems • Identify code-based obstacles. • Validate obstacles with energy providers. • Develop a plan to revise municipal codes. C. Provide information to assist residents with purchasing renewable energy equipment • Identify renewable energy equipment suppliers. • Verify and certify suppliers through Chamber of Commerce • Help fund an information program and include verified suppliers in workshop and outreach presentations. D. Include information about local, state, and federal incentives, economic and environmental benefits, contact information for local contractors, financing options • See Strategy 6.7.C. 6.5 Natural Gas Conservation (Short-Term) 6.6 Local Power Generation (Medium-Term) 6.7 Renewable Energy Challenge (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.9 ) Clearwater Greenprint 2.0 E. Create a website that allows the Clearwater community to submit property informati on and view addresses where renewable energy systems have been installed • Obtain client lists from local renewable energy suppliers. A. Investigate financing mechanisms for expanding renewable energy generation • Coordinate with Strategy 6.1 and include information in Strategy 5.1. B. Launch a solar co-op program in which residents can coordinate bulk purchase of PV systems for reduced price • Identify sites for a solar plant with grid access for existing or new development. A. Request conversion of all Duke Energy-owned electric streetlights to LED • Negotiate a municipal rate reduction or rebate to finance LED streetlight conversion. • Coordinate with Clearwater-owned public lighting. A. Partner with a third-party company to create an energy savings program including staff training and web-based energy consumption tracking, and benchmarking for municipal buildings • Develop public database of municipal buildings to provide comprehensive energy consumption data. B. Develop a formal energy management policy for city buildings and operations • Within 1-3 years of commencement, conduct engineering assessment of all municipal buildings to evaluate energy savings potential from windows, insulation, lighting, ventilation, temperature, plant/AC efficiency ratings/harmful refrigerant use, and water usage. • Design comprehensive custom energy management program. • Create an Energy Manager position to administer the formal energy management policy and related municipal programs such as that described in Strategy 6.12. A. Establish a re-commissioning plan to inspect, test, and make proper adjustments at regularly scheduled intervals to optimize the performance of its buildings and equipment • Coordinate with Strategy 6.10. B. Create an LED lightbulb conversion program for city buildings • Inventory all light fixtures in all city buildings by indicating the type of bulb or fixture. C. Train key staff that do not have the appropriate skills to test the equipment 6.8 Renewable Energy Finance (Short-Term) 6.9 Energy Efficient Streetlights (Short-Term) 6.10 Municipal Energy Management Program and Policy (Short-Term) 6.11 Municipal Re-Commissioning Plan (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.10 ) Clearwater Greenprint 2.0 • Design a preventative maintenance program to replace existing non-LED bulbs (and fixtures if necessary) with LEDs. • Estimate the total cost of replacement and track total cost saving from reduced operational costs following LED installation for 10 years. D. Identify any environmentally harmful refrigerants in its operations and phase them out as part of its re-commissioning process (see Green Energy and Buildings Strategy #11) • Coordinate implementation with Strategy 6.10. A. Build all new municipal facilities to a nationally recognized high-level performance standard (e.g., Leadership in Energy and Environmental Design, Florida Green Building Coalition, and Energy Star) • Update and modernize building code standards. Include resiliency and performance standards which may exceed national standards due to specific local conditions such as humidity, sun, or salt. A. Existing and new infrastructure complies with comprehensive resilience guidelines and the recommendations provided by the Tampa Bay Regional Resiliency Coalition • Coordinate implementation with Strategy 6.10. B. Prioritize resilience upgrades in capital and operational budgets • Estimate capital cost of resilience upgrades. • Estimate damage avoidance over 20 years and operational efficiency cost savings from resilience upgrades. C. Create educational materials and events for the public to improve the adaptive capacity of their own buildings, structures, and properties. • Coordinate with Strategies 5.1 and 5.2. D. Explore grant opportunities for municipal photovoltaic and energy storage for critical building infrastructure (e.g., emergency shelters, schools, cooling centers, and nursing or assisted -living homes) to protect vulnerable populations and reduce GHG emissions • As part of any update to the city’s Comprehensive Plan, identify two medium to large scale inundation, drainage, and flood water storage projects which will protect surrounding structures from flo ods; storage projects may be passive recreational areas when dry. 6.12 Municipal Performance Standard (Short-Term) 6.13 Resilient Infrastructure (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.11 ) Clearwater Greenprint 2.0 Transportation The following section provides the Implementation and Measurement Methodologies for Transportation Core Topic Strategies. Categorization of the relative cost and benefit of the Transportation Core Topic Strategies is provided in Figure II.3.- Transportation Strategies. For Implementation and Measurement Methodologies in this Core Topic it is assumed that sufficient permissions to alter county, state, and federal roads will be attained from the appropriate governing agencies and that work carried out will be consistent with other governing documents, including the city’s existing Complete Streets Plan. Major limitations to implementation of Strategies within this Core Topic are eliciting widespread behavioral change for use of alternative modes of transportation to achieve Vehicle Miles Travelled (VMT) reduction targets, and anticipated major structural changes, including adoption of electric vehicles, remote work, or autonomous vehicles. These changes affect the goals identified by Clearwater Greenprint 2.0 in many ways, including by reducing gas tax revenue used for roadway infrastructure improvements, and changing the metrics (e.g., VMT) by which greenhouse gas emissions are typically measured. A. Launch a VMT reduction campaign 7.1 Vehicle Mile Reduction (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.12 ) Clearwater Greenprint 2.0 • Build a representative database of total VMT over time on municipal streets based on summation of selected municipal traffic counts. • Illustrate average annual VMT growth rates. • Undertake program of study to reduce annual VMT growth. • Adopt strategies; implement plan. • Measure and track annual change in VMT. B. Reduce city-wide VMT by 10% • Specify how VMT is calculated from mass transit or carpool modes as well as reductions due to trends in remote work. C. Launch an internal VMT reduction program for employees • Specify employee rules and standards for work from home. Reference San Mateo County’s Office of Sustainability “Telework & Flex-Schedules Toolkit” as a resource for support and guidance. • Build out IT capacity to support remote work. A. Complete actions outlined in the Complete Streets Plan. B. Healthy street design is local government policy • Implement the 12 Steps of Walkable Communities per Florida Department of Transportation Pedestrian and Bicycle Program. • Implement Strategies identified in the Street Design Guidelines for Healthy Neighborhoods from Walkable Communities, Inc. A. Continue to advocate for more funding to increase bus and trolley stops on existing routes • Develop a plan for bus/trolley improvement needs and opportunities. Assign funding requirements. Develop a cost share funding plan to build out improvements over a 10 -year time frame. B. Collaborate with the Pinellas Suncoast Transit Authority (PSTA) to improve bus scheduling C. Explore and encourage alternative forms of public transportation (e.g., Bus Rapid Transit, carpool, car share, bike share, scooter share, and ferry services) • Enhance mobility-related zoning and municipal codes to accommodate alternative modes of transportation regarding parking and land use. • Implement a mobility impact fee to replace transportation impact fees through year five of implementation. A. Support construction of infrastructure for low-to-zero emission vehicles • Develop charging station installation fees to assess total program costs to provide for EV fleet. B. Continue to install public EV charging stations 7.2 Complete Streets Policy (Short-Term) (Short-Term) 7.3 Local Transit Improvement (Short-Term) 7.4 Low Emission Vehicles (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.13 ) Clearwater Greenprint 2.0 C. Change the Community Development Code to require charging stations for electric vehicles for new development and adopt “EV ready” policies • Determine the percentage of residents driving electric/hybrid or low emissions vehicles. D. Host a minimum of one event per year at which the publi c is encouraged to try an electric vehicle • Partner with nearby auto sales dealerships or the Southern Alliance for Clean Energy for an electric vehicle test drive event. E. Partner with an organization such as the Sierra Club or Southern Alliance for Clea n Energy to create an event that encourages residents and businesses to shift to hybrid electric vehicles • Coordinate implementation with Strategies 5.1 and 5.2. A. Adopt a Green Fleet Policy to govern use and procurement of fleet vehicles • Assign Green Fleet program development to the Fleet Manager. • Develop the Green Fleet Policy within two years of the Greenprint 2.0 plan adoption. • The Green Fleet Policy or Program will include the following: Inventory of fleet, identification of repair/replace cycle, development of fleet replacement costs, and identification of time frames for replacement. • Coordinate with the current policy study being undertaken by the city. • Fleet transition should be completed by 2035 or 2050 per the current assessment. B. Investigate financing mechanisms to offset cost of fleet conversion (e.g., vehicle leasing and federal tax credit) • Within three years following adoption of Clearwater Greenprint 2.0, identify replacement cost and review finance options with Financial Advisor. C. Increase the share of municipal light-duty vehicles running on alternative fuels • All municipal light-duty vehicles will run on alternative fuels by 2040. A. Manage traffic congestion by considering alternative intersection designs • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. B. Continue to include roundabouts in new road construction projects • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. C. Consider use of other congestion management practices • Coordinate implementation with Strategies 7.1, 7.2, and 7.3. A. Increase the alternative work schedule and telecommuting opportunities available to city workforce 7.5 Municipal Fleet Conversion (Medium-Term) 7.6 Congestion Management (Medium-Term) 7.7 Municipal Telecommuting Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.14 ) Clearwater Greenprint 2.0 • Coordinate implementation with Strategy 7.1. • Support alternative work schedule and telecommuting opportunities by expanding IT capability to include secure remote access for employees to internal city networks. B. Encourage virtual meetings in lieu of in-person meetings requiring travel by automobile whenever possible • State policy requires some public meetings to be in-person only; lobby to update the state mandate for in-person meetings. Livability The following section provides the Implementation and Measurement Methodologies for Livability Core Topic Strategies. Categorization of the relative cost and benefit of the Livability Core Topic Strategies is provided in Figure II.2.- Administrative and Social Strategies. Similar to the Green Energy and Buildings Core Topic area, Strategies within the Livability Core Topic area pivot on the assumption that the approval process for each project is informed by its financial feasibility (“project pro-forma”) as well as fiscal impact analyses under two conditions: one with the proposed climate change mitigation measure and one without. In addition to this, it is also assumed that the city will measure equity and inclusion. Though this consideration applies to all Strategies within the Clearwater Greenprint 2.0, issues of equity and inclusion are particularly relevant for those of the Livability Core Topic area. This is because most of the area’s Strategies involve improvements that typically occur in small geographic areas (e.g., new construction and building retrofits) and are likely to affect historically under-resourced populations. To measure equity, the city will define measures that quantify the qualitative aspects of livability. To this end, factors such as aesthetics, and emotion may be monitored by way of routine survey of the city’s stakeholders (e.g., residents, workers, and business-owners). Surveys may ask stakeholders to rate their levels of satisfaction with city services, or the physical condition of the built environment. A. Continue to provide for mixed-use development in livable, transit-oriented neighborhoods • Coordinate implementation with Strategies 5.6, 6.4, 6.6, 6.8, and 6.12. B. Improve regulation, investment, and incentives that will fulfill residents’ household and transportation needs • Coordinate with Strategy 6.1 and evaluate and specify finance mechanism such as revolving loan or letter of credit support amounts city will provide. A. Encourage restoration and reuse of buildings as an alternative to demolition 8.1 Development Incentives (Short-Term) 8.2 Property Revitalization (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.15 ) Clearwater Greenprint 2.0 • Strengthen and update local codes to shift redevelopment toward these goals. • Where demolition is unavoidable, encourage deconstruction of buildings and subsequent reuse and recycling of building materials. B. Maintain the historic designation process to ensure that historically significant properties and neighborhoods remain stable, well-maintained, and available for long-term use • Measure potential savings from historic designation. • Consider conducting a cost benefit analysis through literature search or direct analysis to determine if there are property value increases due to historic designation and carbon footprint savings from rehabilitation vs demolition and reconstruction. • Conduct pro-forma analysis and fiscal impact analysis to determine profitability and fiscal revenue conditions of proposed project. • Employ Public Private Partnership (P3) mechanisms to help assure minimum profitability standards to help assure project financial viability. • Employ tax increment financing (TIF) capture, synthetic sales tax, or other mechanisms to help offset costly capital requirements; thereby helping assure project financial viability. C. Continue to implement a brownfield program and identify incentives such as tax credits for brownfield and greyfield development • Coordinate implementation with Strategy 6.1. D. Consider partnership with an educational institution or non-profit organization to demonstrate the benefits of compost in a pilot program or through a publication • Identify 10 pilot compost sites and provide bins, scales and operational instruction to weigh and measure compost material by volume to illustrate weight and volume metri cs of landfill savings per home. • Track data and report in educational outreach events. • Pursue financial incentives to offset some of the cost of brownfield remediation and promote reuse of land. • Where remediation is needed, consider the addition of compost as an amendment to disturbed land. A. Continue to create a self-sustaining community and local economy to reduce VMT and increase accessibility • Inventory vacant land and target areas for mixed use options as part of any future updates to the city’s Comprehensive Plan. A. Support and expand the community’s capacity to manage, develop, and enhance greenspace for natural habitat, recreation, gardening, and outdoor education activities • Incentivize or supplement beach renourishment. • Improve and maintain public property. • Create P3s to transition underutilized land to greenspace. • Encourage provision of greenspace on private property through public policy and programs. 8.3 Diverse Housing Options (Short-Term) 8.4 Greenspace Expansion (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.16 ) Clearwater Greenprint 2.0 A. Continue to host an annual tree giveaway • Create partnership with the Audubon Society, Arbor Day Foundation, or other similar organizations to create a tree inventory for a tree giveaway program. B. Develop a program to educate community members on the benefits of planting trees and recognize residents and businesses that participate • Coordinate implementation with Strategy 5.1. C. Assess current tree canopy and set an increased canopy goal based on assessment results • Coordinate and review tree policy with Pinellas County. D. Create an implementation plan to increase tree canopy coverage • See Strategy 8.5.F below. E. Require mitigation for consumption of natural habitat or resources • Identify active land bank mitigation sales in Florida. • Engage in transfer and sale program with existing mitigation land banks; obtain cost of land bank mitigation credits. • Review city land development code and based on review, amend code to require mitigation as part of the development code. F. Enact and enforce a tree preservation or land-clearing ordinance • Hire a municipal arborist to manage the tree inventory and the preservation, recommendation of mitigation and maintain GHG mitigation and carbon sequestration data. G. Pilot a forest carbon sequestration project on municipal land which will sequester carbon to offset a portion of the community’s annual GHG emissions • Calculate GHG savings per 1,000, 5,000, and 10,000 trees. • Consider differences in tree species and growing zones. • Develop a planting program under an existing urban forestry project protocol to allow for recording and reporting the results. A. Become a certified community under National Wildlife Federation Wildlife Habitat Program • Take the National Wildlife Federation Mayor’s Monarch Pledge B. Enact a sea turtle ordinance C. Create an endangered lands conservation/purchasing program • Coordinate with Strategies 8.3 and 11.3 to identify and evaluate lands with high environmental or conservation value. D. Promote eco-literacy 8.5 Urban Tree Program and Canopy Target (Short-Term) 8.6 Environmental Conservation (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.17 ) Clearwater Greenprint 2.0 • Create programs to increase awareness of regional flora and fauna as well as the importance of natural resource preservation. • Build on existing partnerships with local organizations (e.g., the Clearwater Marine Aquarium, Florida Native Plant Society, Audubon Society, and Tampa Bay Estuary Program). • Coordinate implementation with Strategies 5.1, and 8.5. A. Create an IPM plan address invasive species and problematic insects at city -owned properties • Provide guidance on non-native, invasive plants and species as well as a detailed plan for removal and/or management of such species. • Emphasize non-toxic options and consider potential expansion of invasive species due to climate change. • Coordinate implementation with the University of Florida IFAS Extension Office. B. Provide the public with educational materials concerning invasive species identification and IPM best practices C. Consider partnership with an educational institution (e.g., Saint Petersburg College of the University of South Florida) to develop of an IPM plan and subsequent educational outreach A. Develop street design standards that maximize energy efficiency and minimize heat • Coordinate with any future amendments to the city’s Comprehensive Plan’s Transportation Element. • Document cost differentials for capital and maintenance, changes in materials use, cost offsets with embedded solar panels, or integrated traffic flow technology. A. Explore options for preventing excessive levels of pollution and mitigate environmental and other impacts such as noise, odor, and traffic in low-income communities and communities of color B. Include potential environmental and public health impacts of land use decisions into planning and zoning activities • Conduct literature review and analysis of issues and costs surrounding environmental justice. • Identify applicable concerns in Clearwater within 1 year of authorization. C. Prioritize affordable housing for historically displaced groups to prevent green gentrification • Develop Environmental Justice plan 2-3 years following authorization. D. Consider measures to ensure that rent in improved neighborhoods remains affordable and savings from energy efficiency improvements are passed on to tenants • Allocate up to $250,000-$400,000 over the span of two years to undertake zoning and land use code updates in transportation, energy, development, reuse, and environmental justice. • Coordinate updates to land use and zoning regulations with Strategies 6.4, 6.14, 7.3, and 8.3. 8.7 Integrated Pest Management (Short-Term) 8.8 Energy Efficient Streets and Parking (Short-Term) 8.9 Environmental Justice (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.18 ) Clearwater Greenprint 2.0 E. Assess current city zoning and land use policies to determine where environmental justice criteria can be incorporated Water Conservation The following section provides the Implementation and Measurement Methodologies for the Water Conservation Core Topic Strategies. Categorization of the relative cost and benefit of the Water Conservation Core Topic Strategies is provided in Figure II.4.- Water Conservation and Waste Reduction Strategies. For Implementation and Measurement Methodologies in this Core Topic it is assumed that sufficient permissions to alter water utility infrastructure have been obtained from the Southwest Florida Water Management District (SWFWMD) or other regulating entity. Any improvements are presumed to be based on gathered data as well as the project pro-forma and fiscal impact analysis. A. Continue to encourage water conservation in homes, businesses and industries • Coordinate with Florida Department of Environmental Protection (FDEP), and the SWFWMD to establish new rules, determine consumption rates, water use per capita, and water sources for the city. 9.1 Water Conservation (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.19 ) Clearwater Greenprint 2.0 • Coordinate regulatory costs and compliance thresholds with water utility. • Prepare finance plan for consumption compliance. B. Continue to consider changes to water use regulations and fees on an annual basis • Inventory residential plumbing conditions based on US Census data. • Coordinate with Strategy 6.1 to measure average plumbing requirements for existing inventory of structures. • Continue to evaluate rate restructuring options to promote water conservation. C. Encourage residents and businesses to adopt water conservation standards such as Florida Water Star for existing and new construction • Coordinate implementation with Strategy 5.1. D. Consider developing year-round water restrictions that are more stringent than Southwest Florida Water Management District restrictions A. Use code-based incentives (e.g., accelerated site plan review time) to encourage community members to create landscapes at the same time as new development or redevelopment that integrate water saving measures • Promote widespread adoption of Florida Friendly Landscape Principles. B. Promote and facilitate neighborhood-based projects that train residents on Florida-Friendly landscaping practices • Coordinate and incorporate information on best practices with Strategy 5.1. C. Partner with neighborhoods and local org anizations to recognize existing Florida-Friendly yards and highlight effective and affordable xeriscaping techniques • Coordinate and incorporate information on best practices with Strategy 5.1. A. Identify and prioritize potential retrofits to city buildings for rainwater capture • Conduct engineering conditions inventory of municipal buildings – coordinate with Strategies 6.10 and 9.1. B. Create guidance for private property owners to develop and implement rainwater collection plans • Rely on existing rainwater harvesting programs such as that implemented in Santa Fe, New Mexico. C. Increase awareness of co-benefits of low-impact development • Incorporate concepts into Strategy 5.1. D. Consider installations that capture, retain and treat stormwater runoff from parking lots, driveways and roads 9.2 Waterwise Landscapes (Short-Term) 9.3 Low-Impact Development (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.20 ) Clearwater Greenprint 2.0 Waste Reduction The following section provides the Implementation and Measurement Methodologies for the Waste Reduction Core Topic Strategies. Categorization of the relative cost and benefit of the Waste Reduction Core Topic Strategies is provided in Figure II.4.- Water Conservation and Waste Reduction Strategies. For Implementation and Measurement Methodologies in this Core Topic, it is assumed that sufficient permissions to establish or alter recycling and waste disposal service agreements have been obtained from pertinent regulating entities. Any improvements are presumed to be based on gathered data as well as the project pro- forma and fiscal impact analysis. A. Continue to offer yard waste collection to residents, encourage more households to participate, and investigate opportunities for collection of other organic waste such as food waste for composting • Institute a survey of the number of pickups per month, per season. • Gather dump statistics for the monthly weight of yard waste collected to determine household participation rates. A. Continue to offer recycling services to residents and businesses • Continue the City’s existing recycling program. • Focus on waste reduction and promote composting. • Determine efficiencies and service expansion opportunities. • Enable customers to make online bill payments or utilize recycled paper. • Continue providing access to the virtual Clearwater Creates Compost course • Hold an annual compost bin pick up event for residents A. Develop a pilot composting program to divert food scraps from landfills and demonstrate the viability of a city-wide program • Target the city’s commercial sector initially with preference for high-volume generators of food waste (e.g., hospitals, schools, hotels, and restaurants) for on-site or collection composting programs. • Monitor participation rates, challenges, benefits, and costs. • Consider expanding the study to collecting and processing food waste from select neighborhoods in the residential sector. • Determine food scrap versus vegetable/non-meat composting requirements. • Identify compost dump sites for site development or contract with an existing facility. • Maintain a monthly data base with material tonnage. 10.1 Yard Waste Collection (Short-Term) 10.2 Continuation of Recycling Program (Short-Term) 10.3 Backyard Composting Program (Short-Term) 10.4 Commercial Composting (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.21 ) Clearwater Greenprint 2.0 A. Organize an annual community event for swapping reusable goods to divert reusable goods from the solid waste stream • Coordinate implementation with Strategy 5.1. A. Adopt formal waste reduction policy and goals that address ocean-friendly recycling and printing practices • Build a database tracking all waste by type, volume and weight based on waste removal services estimates under current contract. • Determine average monthly levels. • Set waste reduction targets and strategies by type and measurement . B. Consider development of standards for events held on municipal sites to reduce waste generation, consumption of single-use plastics, and increase recycling by thousands of eventgoers per year • Estimate the cost of waste removal, recycle value of waste material, and value of waste savings. Local Food The following section provides the Implementation and Measurement Methodologies for the Local Food Topic area Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Energy and Buildings Core Topic Strategy. The Local Food Implementation and Measurement Methodologies assume that the approval process for each project is informed by the project pro-forma as well as fiscal impact analysis. Similar to the Livability Core Topic area, measurement of equity is a primary consideration of this topic area. To this end, measurement of access to quality local food is assumed. Access may be measured through a variety of means, and data on the subject may be obtained from the following public and open-source data sources: • United States Department of Agriculture Economic Research Service (refer to the Food Access Research Atlas) • Property Appraiser Records • U.S. Census Data • American Community Survey Estimates • Open Street Map A. Organize and facilitate a task force to assist in developing and implementing recommendations for expanding local food production 10.5 Trash to Trends Event (Short-Term) 10.6 Municipal Waste Reduction Policy (Short-Term) 11.1 Urban Agriculture Task Force (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.22 ) Clearwater Greenprint 2.0 • Create an educational campaign organized by the task force to bolster awareness and use of existing initiatives that promote local food consumption. • Within the first year of Strategy implementation, create an Urban Agriculture Task Force. • Within the second year of Strategy implementation, develop a local farm to table plan. B. Develop partnerships among non-profits, ministries, neighborhood associations, and private interests to increase local food production and commerce, funding opportunities, and pooling of resources C. Leverage partnerships to obtain grant funding for planning and project start-up activities A. Define “local” in the context of food production and the community’s needs • See Strategy 11.1. B. Develop a “foodshed program”, “Buy Fresh Buy Local”, in collaboration with regional partners to increase availability of local foods • Identify sites for a municipal farm and local farmers market. • Inventory and prepare a database of local growers and food producers. • Coordinate implementation with Strategy 5.1 and the local University of Florida IFAS Extension Office. A. Conduct an inventory of public and semi-public lands that would be suitable for food production for the purpose of identifying sites for food production pilot projects • Coordinate with Strategies 6.4, 8.3 and 8.9 as part of any future updates to the city’s Comprehensive Plan. B. Amend the Community Development Code to allow and support community gardens and other forms of urban agriculture • Incorporate hydroponics or other types of food production facilities into new and existing buildings. • Undertake the amendment as part of municipal code evaluation and update. • Coordinate with considerable code review and updates in Strategies 6.4, 6.7, 6.12, 7.3, 7.4, 8.1, 8.5, 8.9, 9.2, and 9.3. A. Create a Community Garden Grant Program • Coordinate implementation with Strategies 5.1 and 5.2. • Consider co-locating community gardens with farmer’s market locations. • Following the launch of the program in 2020, track stakeholders and provide staff assistance/guidance help with grant applications. A. Encourage staff and residents to eat a plant-rich meal at least once a week 11.2 Local Food Production (Short-Term) 11.3 Urban Agriculture (Short-Term) 11.4 Community Garden Grant Program (Short-Term) 11.5 Climate Friendly Food Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.23 ) Clearwater Greenprint 2.0 B. Integrate climate-friendly food procurement guidelines into the Green Procurement Policy C. Consider a resolution in support of “Meatless Mondays” Green Economy The following section provides the Implementation and Measurement Methodologies for the Green Economy Core Topic area Strategies. Refer to Figure II.2.- Administrative and Social Strategies for the categorization of the relative cost and benefit of each Green Economy Core Topic Strategy. The Green Economy Implementation and Measurement Methodologies assume that the approval process for each project is informed by the project pro-forma as well as fiscal impact analysis. It should be noted that prior to commencement of work, a formal definition of “green jobs” should be established by staff; in the process, a distinction should be made between “green jobs” and “green industry.” Actions to promote green jobs should be based on a database generated based on staff’s definition. A. Develop a database of green businesses and the number and types of green jobs within the city • Collect data through surveys, online business searches, and phone interviews with the development community and industry organizations. • Consider using the Business Tax Receipt application and renewal process to facilitate data collection. • Use municipal business license records to expand data fields to classify business by green criteria. • Update business license application to institutionalize collection of data. B. Establish criteria for classifying green businesses and jobs, allowing for flexibility as new developments in green industry and business practices arise • Research a paradigm for classification green jobs. • Develop a detailed database of green jobs from NAICS data and municipal occupational/business licenses data. • Add classification fields to business license forms. A. Recognize businesses that have received LEED, FGBC, Florida Green Lodging Program, a nd Ocean Friendly certifications on the city website • Develop a system for recognizing and profiling other businesses that take steps to become more sustainable and resource efficient without pursuing costly certifications. • Highlight best practices and the environmental, economic, and social benefits of different companies’ efforts. • Coordinate implementation with Strategy 5.1. A. Become a member of Florida Local Environmental Resource Agencies (FLERA) 12.1 Green Business Database (Short-Term) 12.2 Best Practices Sharing (Short-Term) 12.3 Green Job Development (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.24 ) Clearwater Greenprint 2.0 B. Connect unemployed and underemployed people to local green job opportunities • Using the green business database, classify job opportunities within companies by degree of green character. C. Partner with existing institutions and organizations like St. Petersburg College and CareerSource Pinellas to offer workforce training programs in green job skills • Consider a green jobs tax credit to incentivize employers to create green jobs. • Implement this program in tandem with programs and initiatives already available in Clearwater to ensure that training results in job placement. • Promote green job opportunities in existing workforce training. A. Partner with tourism-based businesses and other local tourism agencies to create a green guide that promotes local businesses that commit to green practices • Highlight high-scoring companies with green jobs from municipal license database. B. Increase participation in green business designation programs by the hospitality industry (e.g., the Florida Green Lodging Program) • Create designation criteria or registration program for green businesses. • Coordinate implementation with Strategy 12.1. A. Continue to partner with local and regional organizations and focus on devising new strategies to attract green businesses to the area • Define green business characteristics. • Identify resources needed to accommodate green business (i.e., land, workforce, infrastructure, and utilities). • Coordinate implementation with Strategy 12.1. B. Leverage economic development centers to spur local economic development in the green business sector • Target development of necessary resources to support business attractio n. A. Develop a municipal GRF to fund sustainable projects and uphold cost -effective services • Determine the purpose and use of revolving loan funds, namely development, redevelopment, retrofit, business methods and process, materials usage, transportation, and utilities. • Leverage the U.S. Department of Energy’s Better Buildings Solution Center program to offer tools and example programs for creation of a GRF. 12.4 Green Guide (Short-Term) 12.5 Regional Partnerships (Short-Term) 12.6 Municipal Green Revolving Loan Fund (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix II.- Implementation and Monitoring Methodology ( Page II.25 ) Clearwater Greenprint 2.0 • Determine any capital needs or funding volume. • Identify a revenue source. • Earmark revenue source and budget funds. A. Develop a “Green Purchasing Policy” to encourage the purchase of environmentally preferable products that mitigate the city’s environmental impact • Consider the entire lifecycle of products in purchasing decisions. • Evaluate and rank all municipal purchases for green alternatives. • Calculate the cost differential in buying green. • Calculate the social/environmental cost savings of green products to offset direct cost of buying green, if any. B. Create procedures to help departments make the most sustainable purchases possible 12.7 Green Purchasing Policy (Short-Term) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.1 ) Clearwater Greenprint 2.0 The Intergovernmental Panel on Climate Change (IPCC)’s Fifth Assessment Report affirms that “warming of the climate system is unequivocal, as is now evident from observations of increases in global average air and ocean temperatures, widespread melting of snow and ice and rising global average sea level.”i Researchers have made progress in their understanding of how the Earth’s climate is changing in space and time through improvements and extensions of numerous datasets and data analyses, broader geographical coverage, better understanding of uncertainties and a wider variety of measurements.ii These refinements expand upon the findings of previous IPCC Assessments – today, observational evidence from all continents and most oceans shows that “regional changes in temperature have had discernible impacts on physical and biological systems.” The Fifth Assessment asserts that “it is extremely likely that more than half of the observed increase in global average surface temperature from 1951 to 2010 was caused by the anthropogenic increase in GHG concentrations and other anthropogenic forcings together. Globally, economic and population growth continued to be the most important drivers of increases in CO2 emissions from fossil fuel combustion. Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions”. In short, the Earth is already responding to climate change drivers introduced by mankind. Temperatures and Extreme Events are Increasing Globally Surface temperature is projected to rise over the 21st century under all assessed emission scenarios. It is very likely that heat waves will occur more often and last longer, and that extreme precipitation events will become more intense and frequent in many regions. The ocean will continue to warm and acidify, and global mean sea level to rise. Changes in many extreme weather and climate events have been observed since about 1950. Some of these changes have been linked to human influences, including a decrease in cold temperature extremes, an increase in warm temperature extremes, an increase in extreme high sea levels and an increase in the number of heavy precipitation events in a number of regions.iii Appendix III.- Climate Change Science DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.2 ) Clearwater Greenprint 2.0 Figure 1 Observations and other indicators of a changing global climate systemiv DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.3 ) Clearwater Greenprint 2.0 Figure 2 Change in average surface temperature (a) and change in average precipitation (b) based on multi-model mean projections for 2081–2100 relative to 1986–2005 under the RCP2.6 (left) and RCP8.5 (right) scenarios. Climate Risks Climate change is projected to undermine food security. Due to projected climate change by the mid-21st century and beyond, global marine species redistribution and marine biodiversity reduction in sensitive regions will challenge the sustained provision of fisheries productivity and other ecosystem services. For wheat, rice and maize in tropical and temperate regions, climate change without adaptation is projected to negatively impact production for local temperature increases of 2°C or more above late 20th century levels, although individual locations may benefit. Global temperature increases of ~4°C or more above late 20th century levels, combined with increasing food demand, would pose large risks to food security globally. Climate change is projected to reduce renewable surface water and groundwater resources in most dry subtropical region, intensifying competition for water among sectors. Until mid-century, projected climate change will impact human health mainly by exacerbating health problems that already exist. Throughout the 21st century, climate change is expected to lead to increases in ill-health in many regions and especially in DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.4 ) Clearwater Greenprint 2.0 developing countries with low income, as compared to a baseline without climate change. Health impacts include greater likelihood of injury and death due to more intense heat waves and fires, increased risks from foodborne and waterborne diseases and loss of work capacity and reduced labor productivity in vulnerable populations. Risks of undernutrition in poor regions will increase. Risks from vector-borne diseases are projected to generally increase with warming, due to the extension of the infection area and season, despite reductions in some areas that become too hot for disease vectors. In urban areas climate change is projected to increase risks for people, assets, economies and ecosystems, including risks from heat stress, storms and extreme precipitation, inland and coastal flooding, landslides, air pollution, drought, water scarcity, sea level rise and storm surges. These risks are amplified for those lacking essential infrastructure and services or living in exposed areas. Rural areas are expected to experience major impacts on water availability and supply, food security, infrastructure and agricultural incomes, including shifts in the production areas of food and non-food crops around the world. Climate change is projected to increase displacement of people. Populations that lack the resources for planned migration experience higher exposure to extreme weather events, particularly in developing countries with low income. Climate change can indirectly increase risks of violent conflicts by amplifying well-documented drivers of these conflicts such as poverty and economic shocks.v Regional and Local Impacts Because the impacts of climate change vary geographically. The Tampa Bay region is frequently ranked as an area with the most vulnerability to climate change risks. These risks include increased intensity of extreme weather events, heat, precipitation, sea level, and vector-borne diseases. Numbers in ovals (Figure 3) indicate regional totals of climate change publications from 2001 to 2010, based on the Scopus bibliographic database for publications in English with individual countries mentioned in title, abstract or key words (as of July 2011). These numbers provide an overall measure of the available scientific literature on climate change across regions; they do not indicate the number of publications supporting attribution of climate change impacts in each region. Studies for polar regions and small islands are grouped with neighboring continental regions.vi DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.5 ) Clearwater Greenprint 2.0 Figure 3 Climate impacts around the world. Symbols indicate categories of attributed impacts, the relative contribution of climate change (major or minor) to the observed impact and confidence in attribution. Greenhouse Gas Emissions Must be Reduced Limiting risks across Reasons For Concern (a) would imply a limit for cumulative emissions of CO2 (b) which would constrain annual GHG emissions over the next few decades (c). Panel A reproduces the five Reasons For Concern. Panel b (Figure 4) links temperature changes to cumulative CO2 emissions (in GtCO2) from 1870. They are based on Coupled Model Intercomparison Project Phase 5 simulations (pink plume) and on a simple climate model (median climate response in 2100), for the baselines and five mitigation scenario categories (six ellipses). Panel c shows the relationship between the cumulative CO2 emissions (in GtCO2) of the scenario categories and their associated change in annual GHG emissions by 2050, expressed in percentage change (in percent GtCO2-eq per year) relative to 2010. The ellipses correspond to the same scenario categories as in Panel b, and are built with a similar method.vii DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.6 ) Clearwater Greenprint 2.0 The recent and massive buildup of greenhouse gases in our atmosphere is conceivably even more extraordinary than changes observed thus far regarding temperature, sea level, and snow cover in the Northern hemisphere in that current levels greatly exceed recorded precedent going back much further than the modern temperature record. Anthropogenic greenhouse gas emissions have increased since the pre-industrial era driven largely by economic and population growth. From 2000 to 2010 emissions were the highest in history. Historical emissions have driven atmospheric concentrations of carbon dioxide, methane and nitrous oxide to levels that are unprecedented in at least the last 800,000 years, leading to an uptake of energy by the climate system.viii Figure 4: The relationship between risks from climate change, temperature change, cumulative carbon dioxide (CO2) emissions and changes in annual greenhouse gas (GHG) emissions by 2050. DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.7 ) Clearwater Greenprint 2.0 In response to the problem of climate change, many communities in the United States are taking responsibility for addressing emissions at the local level. Since many of the major sources of greenhouse gas emissions are directly or indirectly controlled through local policies, local governments have a strong role to play in reducing greenhouse gas emissions within their boundaries. Through proactive measures around land use patterns, transportation demand management, energy efficiency, green building, and waste diversion, local governments can dramatically reduce emissions in their communities. In addition, local governments are primarily responsible for the provision of emergency services and the mitigation of natural disaster impacts. While this Plan is designed to reduce overall emissions levels, as the effects of climate change become more common and severe, local government adaptation policies will be fundamental in preserving the welfare of residents and businesses. i. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp ii. IPCC, 2014: Summary for Policymakers. In: Climate Change 2014: The Physical Science Basis. Contribution of Working Group I to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller (eds.)]. Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA. iii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp iv. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp v. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp vi. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp vii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Appendix III.- Climate Change Science ( Page III.8 ) Clearwater Greenprint 2.0 viii. IPCC, 2014: Climate Change 2014: Synthesis Report. Contribution of Working Groups I, II and III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, R.K Pachauri, and L.A. Meyer (eds.)]. Geneva, Switzerland, 151 pp DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 59 Exhibit R City Hall Preconstruction Fee Breakdown (See attached.) DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - New City Hall 12/11/2023 I. SCHEMATICS (30%)9 weeks TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, Updated Economic Model Design Milestone Estimate and Reports , Constructability Reviews, policy and procedures, Market Analysis, Subcontractor Outreach. Develop and Gain Approval of Partial GMP No.1. Project Executive 17 $156.25 $2,679 Operations Manager 103 $113.37 $11,660 Preconstruction Manager 34 $79.33 $2,720 Sr. Project Manager 69 $77.31 $5,301 General Superintendent 9 $113.37 $972 Home Office Secretary 26 $33.69 $866 Chief Estimator 24 $81.73 $1,962 Estimator 80 $61.06 $4,885 LABOR BURDEN (see breakdown) @ 48.07% $14,923 SUBTOTAL $45,967 UNIT UNIT COST SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (12 trips, 30 mi., .557/mi.)360 $0.557 $201 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 1 $75.00 $75 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $500.00 $500 POSTAGE & EXPRESS MAIL 1 $100.00 $100 SCHEMATICS TOTAL $47,268 Page 1 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - New City Hall 12/11/2023 II. DESIGN DEVELOPMENT (60%)8 weeks 60% Documents TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, DD Design Milestone Estimate and Reports , Constructability Reviews, Value Engineering, Market Analysis, Subcontractor Outreach. Bidder Solicitation, Pre-Bid Conferences, Pre-Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Project Executive 16 $156.25 $2,500 Operations Manager 80 $113.37 $9,069 Preconstruction Manager 32 $79.33 $2,538 Sr. Project Manager 64 $77.31 $4,948 Assistant Project Manager 0 $47.40 $0 General Superintendent 16 $113.37 $1,814 BIM Manager 40 $57.69 $2,308 Home Office Secretary 24 $33.69 $809 Chief Estimator 48 $81.73 $3,923 Estimator 240 $61.06 $14,654 LABOR BURDEN (see breakdown) @ 48.07% $20,460 SUBTOTAL $63,022 UNIT UNIT COST POLICY & PROCEDURE MANUAL 0 $250.00 $0 SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (20 trips, 30 mi., .557/mi.)600 $0.557 $334 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 0 $75.00 $0 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTIONS 1 $1,250.00 $1,250 Utility Locates / GPR / Exploratory (Allowance)1 $10,000.00 $10,000 DESIGN DEVELOPMENT TOTAL $75,031 Page 2 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - New City Hall 12/11/2023 III. WORKING DRAWINGS (90%)5 weeks 90% Documents TITLE HOURS RATE COST Design Review Meetings, Scheduling, Existing Conditions Reviews, 90% CD Milestone Estimate Report , Constructability Reviews, Subcontractor Prequalification, Preliminary Bid Packages, Redi-Check, BIM Clash Review, Value Engineering, Market Analysis & Leadtime Confirmation. Project Executive 19 $130.00 $2,451 Operations Manager 47 $113.37 $5,344 Preconstruction Manager 19 $79.33 $1,496 Sr. Project Manager 38 $77.31 $2,916 Assistant Project Manager 0 $47.40 $0 General Superintendent 9 $113.37 $1,069 Project Superintendent 24 $71.68 $1,720 Home Office Secretary 14 $33.69 $477 BIM Manager 60 $57.69 $3,462 Chief Estimator 16 $81.73 $1,308 Estimator 160 $61.06 $9,769 LABOR BURDEN (see breakdown) @ 48.07% $14,427 SUBTOTAL $44,438 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updates MILEAGE (30 trips, 30 mi., .557/mi.)900 $0.557 $502 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 2 $125.00 $250 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $4,500.00 $4,500 POSTAGE & EXPRESS MAIL 1 $200.00 $200 90% WORKING DRAWING TOTAL $50,190 Page 3 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - New City Hall 12/11/2023 IV. 100% Documents / Final GMP 11 weeks Guaranteed Maximum Price TITLE HOURS RATE COST Bid Management, Design Review Meetings, Final Scopes and Bid Packages, Scheduling, BIM Model Review, Bidder Solicitation, Pre-Bid Conferences, Pre- Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Develop and Gain Approval of GMP No. 2 - Final Project Executive 23 $130.00 $2,971 Operations Manager 114 $113.37 $12,956 Preconstruction Manager 60 $79.33 $4,760 Sr. Project Manager 160 $77.31 $12,369 Assistant Project Manager 160 $47.40 $7,585 General Superintendent 23 $113.37 $2,591 Home Office Secretary 34 $33.69 $1,155 Project Superintendent 80 $71.68 $5,735 BIM Manager 40 $57.69 $2,308 Chief Estimator 16 $81.73 $1,308 Estimator 0 $61.06 $0 LABOR BURDEN (see breakdown) @ 48.07% $25,832 SUBTOTAL $79,569 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updates MILEAGE (48 trips, 30 mi., .557/mi.)1440 $0.557 $802 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 2 $150.00 $300 PHONE CHARGES 2 $125.00 $250 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $5,000.00 $5,000 POSTAGE & EXPRESS MAIL 1 $800.00 $800 100% WORKING DRAWING TOTAL $86,871 SUMMARY SCHEMATICS $47,268 DESIGN DEVELOPMENT $75,031 90% WORKING DRAWINGS $50,190 100% WORKING DRAWINGS $86,871 GRAND TOTAL $259,360 Allowances Utility Locates / GPR / Exploratory $10,000 Total of Allowance Items in Grand Total $10,000 Page 4 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 19:20:50 ET on 12/12/2023 under Order No.3104237966 which expires on 02/17/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1749168718) 60 Exhibit S MSB Renovation Preconstruction Fee Breakdown (See attached.) ORLDOCS 20767792 20 57165.0001 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 I. SCHEMATICS (30%)4 weeks TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, Updated Economic Model Design Milestone Estimate and Reports , Constructability Reviews, policy and procedures, Market Analysis, Subcontractor Outreach. Develop and Gain Approval of Partial GMP No.1. Project Executive 4 $156.25 $692 Operations Manager 18 $113.37 $2,008 Preconstruction Manager 18 $79.33 $1,405 Sr. Project Manager (Covered in Base Job)$71.68 $0 General Superintendent 4 $113.37 $502 Home Office Secretary 9 $33.69 $298 Chief Estimator 24 $81.73 $1,962 Estimator 80 $61.06 $4,885 LABOR BURDEN (see breakdown) @ 48.07% $5,649 SUBTOTAL $17,401 UNIT UNIT COST SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (8 trips, 30 mi., .557/mi.)240 $0.557 $134 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 1 $75.00 $75 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $500.00 $500 POSTAGE / EXPRESS MAIL 1 $100.00 $100 SCHEMATICS TOTAL $18,635 Page 1 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 II. DESIGN DEVELOPMENT (60%)5 weeks 60% Documents TITLE HOURS RATE COST Design Review Meetings, Interim Cost Exercises, Scheduling, Existing Conditions Reviews, DD Design Milestone Estimate and Reports , Constructability Reviews, Value Engineering, Market Analysis, Subcontractor Outreach. Bidder Solicitation, Pre-Bid Conferences, Pre-Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Project Executive 5 $156.25 $781 Operations Manager 20 $113.37 $2,267 Preconstruction Manager 20 $79.33 $1,587 Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager 0 $47.40 $0 General Superintendent 5 $113.37 $567 BIM Manager 24 $57.69 $1,385 Home Office Secretary 10 $33.69 $337 Chief Estimator 48 $81.73 $3,923 Estimator 160 $61.06 $9,769 LABOR BURDEN (see breakdown) @ 48.07% $9,910 SUBTOTAL $30,526 UNIT UNIT COST POLICY & PROCEDURE MANUAL 0 $250.00 $0 SCHEDULING 1 $125.00 $125 - 1 master MILEAGE (10 trips, 30 mi., .557/mi.)300 $0.557 $167 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 0 $75.00 $0 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $1,250.00 $1,250 DESIGN DEVELOPMENT TOTAL $32,368 Page 2 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 III. WORKING DRAWINGS (90%)6 weeks 90% Documents TITLE HOURS RATE COST Design Review Meetings, Scheduling, Existing Conditions Reviews, 90% CD Milestone Estimate Report , Constructability Reviews, Subcontractor Prequalification, Preliminary Bid Packages, Redi-Check, BIM Clash Review, Value Engineering, Market Analysis & Leadtime Confirmation. Project Executive 6 $130.00 $836 Operations Manager 26 $113.37 $2,915 Preconstruction Manager 26 $79.33 $2,040 Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager 0 $47.40 $0 General Superintendent 6 $113.37 $729 Project Superintendent ( Coverd in Base Job)$74.33 $0 Home Office Secretary 19 $33.69 $650 BIM Manager 40 $57.69 $2,308 Chief Estimator 16 $81.73 $1,308 Estimator 160 $61.06 $9,769 LABOR BURDEN (see breakdown) @ 48.07% $9,880 SUBTOTAL $30,434 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updates MILEAGE (12 trips, 30 mi., .557/mi.)360 $0.557 $202 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 2 $125.00 $250 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $2,500.00 $2,500 POSTAGE / EXPRESS MAIL 1 $200.00 $200 90% WORKING DRAWING TOTAL $33,886 Page 3 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Preconstruction Services City of Clearwater - MSB Renovation 12/11/2023 IV. 100% Documents / Final GMP 10 weeks Guaranteed Maximum Price TITLE HOURS RATE COST Bid Management, Design Review Meetings, Final Scopes and Bid Packages, Scheduling, BIM Model Review, Bidder Solicitation, Pre-Bid Conferences, Pre- Bid RFI's, Identify Bid Alternates in Bid Packages, Bidding and Addenda, Pre-Award Scope Review Meetings, Develop and Gain Approval of GMP No. 2 - Final Project Executive 10 $130.00 $1,337 Operations Manager 41 $113.37 $4,664 Preconstruction Manager 41 $79.33 $3,264 Sr. Project Manager (Covered in Base Job)$71.68 $0 Assistant Project Manager (Covered in Base Job)$47.40 $0 General Superintendent 10 $113.37 $1,166 Home Office Secretary 21 $33.69 $693 Project Superintendent ( Coverd in Base Job)$74.33 $0 BIM Manager 40 $57.69 $2,308 Chief Estimator 16 $81.73 $1,308 Estimator 0 $61.06 $0 LABOR BURDEN (see breakdown) @ 48.07% $7,085 SUBTOTAL $21,825 UNIT UNIT COST SCHEDULING 0 $125.00 $0 - 1 revision, 1 updates MILEAGE (10 trips, 30 mi., .557/mi.)300 $0.557 $167 REVIEW REPORTS 0 $50.00 $0 DATA PROCESSING SURCHARGE 1 $150.00 $150 PHONE CHARGES 1 $125.00 $125 OFFICE SUPPLIES 1 $150.00 $150 DRAWING REPRODUCTION 1 $2,500.00 $2,500 POSTAGE & EXPRESS MAIL 1 $800.00 $800 100% WORKING DRAWING TOTAL $25,717 SUMMARY SCHEMATICS $18,635 DESIGN DEVELOPMENT $32,368 90% WORKING DRAWINGS $33,886 100% WORKING DRAWINGS $25,717 GRAND TOTAL $110,605 Page 4 of 4 DocuSign Envelope ID: 3F83C99F-5800-443A-80BA-65801049E6BDDocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Certificate Of Completion Envelope Id: 3F83C99F5800443A80BA65801049E6BD Status: Completed Subject: Complete with DocuSign: A133-2019 - City of Clearwater (City Hall) Source Envelope: Document Pages: 315 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Sabrina Lomastro AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-05:00) Eastern Time (US & Canada) 200 S. Biscayne Blvd., Suite 4100 Miami, FL 33131 SLomastro@shutts.com IP Address: 96.65.143.185 Record Tracking Status: Original 12/12/2023 1:48:01 PM Holder: Sabrina Lomastro SLomastro@shutts.com Location: DocuSign Signer Events Signature Timestamp William P. Byrne bill.byrne@ajaxbuilding.com Chief Executive Officer Ajax Building Company, LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 74.85.112.199 Sent: 12/13/2023 8:18:40 AM Viewed: 12/13/2023 8:51:02 AM Signed: 12/13/2023 8:51:29 AM Electronic Record and Signature Disclosure: Accepted: 12/13/2023 8:51:02 AM ID: 490b3b24-5902-4b42-97aa-ccdbc22f8cc5 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp David Margolis david.margolis@myclearwater.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 8:18:40 AM Viewed: 12/13/2023 8:34:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Erik Hanson ehanson@shutts.com Security Level: Email, Account Authentication (None) Sent: 12/13/2023 8:18:40 AM Viewed: 12/13/2023 9:09:37 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/13/2023 8:18:40 AM Certified Delivered Security Checked 12/13/2023 8:51:02 AM Signing Complete Security Checked 12/13/2023 8:51:29 AM Completed Security Checked 12/13/2023 8:51:29 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Shutts & Bowen LLP (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 4/9/2020 4:31:57 PM Parties agreed to: William P. Byrne DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Shutts & Bowen LLP: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: mmcallister@shutts.com To advise Shutts & Bowen LLP of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at mmcallister@shutts.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Shutts & Bowen LLP To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to mmcallister@shutts.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Shutts & Bowen LLP To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to mmcallister@shutts.com and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify Shutts & Bowen LLP as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Shutts & Bowen LLP during the course of your relationship with Shutts & Bowen LLP. DocuSign Envelope ID: 7E3AA4BD-3E9F-4C2C-A9E9-ECC5A7622938