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Home My WebLink About2014-02-18 CC Packet REVISED AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 18, 2014 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. – NOT AVAILABLE - February 11, 2014 regular and recessed meeting minutes will be available for approval at the March 4, 2014 meeting. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2014-029, directing payment of bills 11. Possible approval of 2014 Capital Release I: Photocopier for Library 12. Possible approval of ½ Marathon Event – May 24, 2014 13. Possible approval of temporary liquor license – Church of St. Michael – May 17 & 18, 2014 14. Possible approval of LMCIT Liability Coverage – Waiver form 15. Resolution 2014-030, approving agreement for construction management services with Kraus- Anderson Construction Company IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. X. UNFINISHED BUSINESS XI. NEW BUSINESS 16. Discussion on leasing of Administrative/Investigative Vehicles with Enterprise XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 17. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT RESOLUTION 2014-029 DIRECTING THE PAYMENT OF BILLS BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the bills set forth and itemized on Exhibit "A" totaling $366 ,096.05 are hereby approved for payment, and that checks be issued for the payment thereof. The complete list of bills (Exhibit "A") is on file in the office of the City Clerk and may be inspected upon request. Adopted by the Council this 18th day ofFebruary, 2014. Ken Harycki, Mayor ATTEST: Larry D . Hansen, Acting City Clerk EXHIBIT "A" TO RESOLUTION #2014-029 LIST OF BILLS 3D Specialties Aggregate and Ready Mix ARM Amano McGann Inc Carquest Auto Parts Carte Graph Systems Inc. Century College Century Link Com cast Cornerstone Copy Center CoStar Realty Information Inc Dakota County Technical College ECM Publishers Emergency Medical Products Fastenal Company Fixmer Don Force America G & K Services Haussner Plumbing LLC Houge Jeff & Stacy Johnny's TV Inc . Kustom Signals Lauer Christopher Theron League of MN Cities League of MN Cities Ins Tr Loffler Companies Inc. Marshall Electric Company Menards Metropolitan Mechanical Contractors Meyer Sewer Service Middle St Croix Watershed WMO Minnesota Occupational Health MN Dept of Public Safety EPCRA Program Municipal Emergency Services NAPA Auto Parts North American Salt Co. Nuss Truck & Equipment Office Depot Olson Andrea Pioneer Press Ricks 36 Automotive Service Riedel! Shoes Inc. S& T Office Products Sentry Systems Inc. Siess Anne Springbrook Channelizer Concrete Field Class for Byron R Theis Labor Auto supplies & parts Maintenance agreement Fire courses Phone Internet Recycle guide and magnets Property professional Defensive driving-snow plow Publications Heartstart Supplies Microphone mixer and parts Supplies Mats Plumbing work Refund -Beginner Hockey Equipment instalation and supplies Antennas Reimburse for iPad Safety & Loss workshops 1st installment municipality Network computer support Light in shop and pump Supplies Maintenance agreement Lift station pumping First half 2014 On-site DOT drug collection with testing Hazardous chemical inventory fee Maxi fog fluid Degreaser Bulk course LA HWY Supplies Toner Reimburse for expenses for class Legals notice of special meeting Vehicle repair Laces Office supplies Alarm Monitoring Reimburse for iPad Maintenance agreement Page 1 306 .03 430.00 110.00 292 .58 11,149.00 800.00 59.58 126.90 10,656.80 316 .00 800.00 495 .45 1,990.00 51.25 93 .12 248 .82 265.23 162 .61 50 .00 460.50 7,323 .00 599 .00 20 .00 71,723 .25 438.75 4,054 .09 4.64 1,150.00 400.00 16,822.57 190.20 25.00 123.96 52 .47 13,049.67 174.39 154.10 313.16 139 .00 463.55 33 .69 166.55 590 .00 599.00 21,931.49 EXHIBIT "A" TO RESOLUTION #2014-029 St . Croix Boat and Packet Co . Stillwater Towing Summit Fire Protection SW/WC Service Cooperatives Teclnc Thomson Reuters Toll Gas and Welding Supply Tri-State Bobcat Tri-St ate Pump and Controls Inc. US Bank Corporate Trust Svcs Ve r izon Wireless Washington County Info Tech Dept . Washington County License Center Washington County Property Records Waste Management Wheelco Truck and Trailer Parts Xcel Ene rgy Yocum Oil Company Zayo Enterprise Networks liBRARY Baker and Taylor Blackstone Audio Brodart Co Culligan of Stillwate r G & K Services Hannah Karen Heritage Printing Inc. Master Mechanical Inc . #69 Midwest Tape ADDENDUM Animal Humane Society Aspen Mills G & K Services Magnuson Law Firm Office Depot Stillwater Oak Park Heights CVB Stillwater Postmaster Stillwater Towing Thomson Reuters Tr ansunion Valley Trophy Inc December ramp cleaning Towing Annual fi r e sprinkler inspect i on Retiree Health Insurance 6PS System PPC guide to preparing gover fin stmts Cylinder Controller, Harness, Supplies Valve Admin fees Phone 2014 Citrix licenses Title App 2014 Ford Explorer Police Squad 2014 Truth in taxation notice 2013 final Garbage Certification Auto parts and supplies Energy Fuel Phone Materials Materials Materials Water Towels and rugs Staff r eimbursements Paper Building repairs Materials Animal i mpound charges 4th qtr Uniforms Mats Profess ional Service Office supplies 4th Qt r lodg i ng tax Postage for Recycling mailing Towing Information charges Information charges Engraving TOTAL Page 2 750.00 150.00 290 .00 61,633 .81 16,380 .00 231 .66 42 .04 661.70 828 .33 850.00 468.52 300 .00 26 .75 1,628.16 15,547 .72 241.90 36 ,120.79 9,459.02 492 .12 1,022 .24 200.00 901.86 128.15 152 .19 85 .46 21.15 561.00 485.62 528 .77 1,669.25 127 .68 9,425.64 132.56 33,409.92 1,413 .83 85 .00 102.96 20.00 114.85 366 ,096 .05 EXHIBIT "A" TO RESOLUTION #2014-029 Adopted by the City Council this 18th Day of February, 2014 Page 3 illwater MEMORANDUM TO: Mayor and Council FROM: Diane F. Ward, City Clerk SUBJECT: liz Marathon-May 24,2014 Attached is the event application for the Yz Marathon to be held Saturday, May 24, 2014 by Run Stillwater, Inc. (Brian Mastel). The finish line will be on Laurel between 3rd and 2nd and has requested that 2nd between Cherry and Wilkins be closed to thru traffic. The runners cross the finish line then walk across 2nd St into Pioneer Park for post-race activities. This event, according to the City's Special Event Policy, does not fall under the Special Event w/Contract that requires a public hearing or a contract. Police services are under $1000 and as they are requesting closure of streets, it is before Council. Staff has reviewed, commented, followed the Special Event Policy and the only comment from the departments is police services are needed and the closure of the street. Mr. Mastel has been notified that there will be costs for the use of Pioneer Park and police services. mapmyrun @ I3Dih S\N • I WhitP flp~rLal<e . • Bi rchwood Vill age ark-, North St P11 ul ""' ,,, "''ffiUC E -,. _Prk @, .. · -:• ;• ,, .. l,.n s •· 'J.f -t N 800 0 1 .... 2014 Stillwater ~Option Half Marathon Drstance: 13.13 m i -60th St • z . .., Jtl~· • • , . 1 ll lth SIN ... ,. ( ... Sunfish Lake Pa rk ~· 34t h S1 N 1'?\ ... 1.2_; I I .. "' > .. ··} [}]' ' ® .. \ ! • ~ ,~I I' Tr unk H ighway()~ . ® , • Oa k Park ·•) Heigh ts Brekke Park ;. &lrke rs .- ·!'Ips Park .!·: 1 751 - ------------------------.M.apdma®QO ~ _.14GoQgl~~ llOO ~~:~------;-----~----~~----~- Feet (Y) .I fo1 il es (X) 8 9 1 0 6 11 1 2 BOO Copyrig ht 2008 H 1 3 .2 v apMyFitn ess. In c. 4 5 Head west on 60th St N toward Highlands Trail N a Sharp right toward Gateway State Trail 0 Continue straight onto Gateway State Trail Head north on Gateway State Trail Head northeast on Gateway State Trail a Take the pedestrian tunneiDestination will be on the left Head northeast on Gateway State Trail toward Jamaca Ave N 0 mi (+0.37 mi) 0 .37 mi (+0.04 mi) 0.4 mi (+0.28 mi) 0 .68 mi (+0.69 mi) 1.37 mi (+0.76 mi) 2.13 mi (+0.21 mi) 2.35 mi (+0.43 mi) Head northeast on Gateway State Trail toward Jody Ave N Destination will be on the left 2 ·7 8 mi (+0.68 mi) Head northeast on Gateway State Trail Take the pedestrian overpass Head northeast on Gateway State Trail toward Lansing Ave N Head east on Gateway State Trail toward Lansing Ave N Turn left onto Lansing Ave N Destination will be on the right Head north on Lansing Ave N toward 11 Oth St N a Turn right onto 11 Oth St N a Turn right onto County Rd 15/Manning Ave N Head south on County Rd 15/Manning Ave N toward 102nd St N Head south on County Rd 15/Manning Ave N toward Dellwood Rd a Turn left onto MN-96 E/Dellwood Rd Destination will be on the left Head east on MN-96 E/Dellwood Rd toward Mendel Rd N Slight right onto County Rd 55 a Continue onto Stonebridge Trail N Destination will be on the left Head southeast on Stonebridge Trail N toward Johnson Ct Continue onto Owens St N a Turn left onto St Croix Ave W Destination will be on the left 3.46 mi (+0.84 mi) 4.3 mi (+0.3 mi) 4.6 mi (+0 .98 mi) 5.58 mi (+0.21 mi) 5.79 mi (+0.8 mi) 6.58 mi (+0.27 mi) 6.85 mi (+0 .88 mi) 7.74 mi (+0.33 mi) 8.07 mi (+0.97 mi) 9.04 mi (+0.54 mi) 9.59 mi (+0.46 mi) 10.05 mi (+1.19 mi) 11.24 mi (+0.08 mi) 11.32 mi (+0.2 mi) 11.52 mi (+0.49 mi) 12 .01 mi (+0.14 mi) 12.14 mi (+0.08 mi) Head east on St Croix Ave W toward William St N a Turn right onto William St N Destination will be on the left Head south on William St N toward Maple St W a Turn left onto Laurel St W Destination MapMyRun • http:/lmapmyrun.com/routes/view/354495467 12 .23 mi (+0.06 mi) 12.28 mi (+0.35 mi) 12.64 mi (+0.1 mi) 12.73 mi ( +0.4 mi) 13.13 mi (+0 mi) Map your runs map my run IJ ",,r: 'i I .-!•' · .•• t ..... ·~·····~ 2014 Stillwater Half Marathon -Gateway Trail Option Distance : 13.17 mi OJ , 7 ~:· r ~-'T'4CJ'II.. .i Brvw s Creel< Pa1k OJ] :. i ... ·h ~ ~ 1 ::_ Clt\H. St ',', t'age 1 or J J.-;ff '.::. ·"·''tt.'.:i,"'tJ Bo ]](jo_·.---------------------------+-------------~ll••v F.(~('-t-----.,---------,------.,------:-,---------r --+----.,-----.,-----l-80(: (· 1: 3 4 ~-(; i~-s 1 (•5 13 2 F~r-t ,., :·: r lil•:c i>'.• httn://w•vw .maomvrun.com/mutes/printl351556815 / l /28/2014 Map your runs ,- Head north on Neal Ave N Tum left onto County Rd 64/McKusick Rd N Head west on County Rd 64/McKusick Rd N Continue to foil w McKusick Rd N Turn left onto 88th St N Destination will be on the right Head west on 88th St N toward Lake Elmo Ave N Head west on 88th St N toward Kimbro Ave N 0 Continue straight onto Kimbro Ave N Head northeast on Kimbro Ave N toward Dellwood Rd Tum left onto Dellwood Rd Turn left onto Dellwood Rd N Head southwest on Dellwood Rd N Head southwest on Dellwood Rd N toward Gateway State Tr il Turn right onto Gateway State Trail Head northeast on Gateway State Trail ~ Take the pedestrian overpass Head northeast on Gateway State Trail toward Lansing Ave Nl Destination will be on the left Head northeast on Gateway State Trail toward Manning Ave will be on the left Destination . Head northeast on Gateway State Trail toward County Rd 61 1Myeron Rd N ~ Tum right onto Norell Ave N Head southeast on Norell Ave N toward 116th St N I Head south on Norell Ave N Continue onto County Rd 55 Continue onto Stonebridge Trail N Destination will be on the I ft Head south on Stonebridge Trail N ht tn://\vww .manm vrun.com iroute s/orinti 351556815 / Page 2 of 3 0 mi (+0 .18 mi) 0.18 mi (+0.44 mi) 0.62 mi (+0.99 mi) 1.61 mi (+0 .28 mi) 1.9 mi (+0.61 mi) 2.5 mi (+0.19 mi) 2 .69 mi (+0 .24 mi) 2 .93 mi (+0.02 mi) 2 .95 mi (+0 .05 mi) 3 mi (+0.01 mi) 3 .02 mi (+0.23 mi) 3 .25 mi (+0.05 mi) 3 .3 mi (+0.19 mi) 3.49 mi (+0.45 mi) 3.95 mi (+0 .15 mi) 4.1 mi (+1 .73 mi) 5 .83 mi (+0.81 mi) 6.64 mi (+1 .61 mi) 8.25 mi (+0.2 mi) 8.46 mi (+1.43 mi) 9 .88 mi (+1 .39 mi) 11 .27 mi (+0 .08 mi) 11.35 mi (+0.06 mi) 11 .42 mi (+0 .62 mi) 1/28 /201 4 Map your runs lfj Continue onto Owens St N Tum left onto St Croix Ave W Head south on William St N toward St Croix Ave W Destinatibn will be on the left Head south on William St N toward Laurel St W Turn left onto Laurel St W a Destination MapMyRun • http:l/mapmyrun .com/routes/view/351556815 htto:/i,'i'\vw.maomvrun .com /routes /print/351556815! t:a ge j or j 12.04 mi (+0.14 mi) 12. 17 mi ( +0 .14 mi) 12.31 mi (+0.45 mi) 12.76 mi (+0 mi) 12.76 mi (+0.41 mi) 13.17 mi (+0 mi) I /2S /20 l4 Map your nms mapmyrun ,.]:6 ·_1 Boulwell CP.TFI~i]' 2014 Stillwater SK Disrance : 3.1 mi Brcl',·n·.') C•ffk f'11rk .. ; Nvr0t1.:a.Hi Park Or:o B~:ro Mernt:mali;Nk =~;,._;;_-. .,J :.\.P ::::,"i.f£"t.;u:;•c_~~_:.... /C[l.'ll/ j re.1 Cl ~ vu· Savtor'f; Luthe •an ' Church (tLCI\} .,. :.. z .~·. -· t ::; Scht1fenburg S Pari< ~---- ., ,~ . M· :-tlr <;·•:J Silitt l M~•y ~ 'at ho lt': Churc-h ''· Page ot 2 .. s_r_cro i=-lrrlrts ~ _ti ~cre;lflor , __ , ':.;_·,----------------------------+-------------~<·<:·" ;,-.,·+------., -------.----·-----.,-------J--------, ------+eoo:. !."•!:-lS 2"5 31 htto://\\'Ww.maomvrun.com /routes/print/351553879/ 1/28 /20!4 Diane Ward From: Beth Wolf Sent: To: Tuesday, February 18, 2014 10:45 AM Diane Ward Subject: FW : May 24 Event Here's the note on the closing of Laurel between 2nd and 3rd for the end ofthe race . -----Original Message----- From: Brian Mastel [mailto:brian@masteleventmanagement.com] Sent: Tuesday, February 04, 2014 11:39 AM To: Beth Wolf Subject: May 24 Event Hi Beth, sorry I missed your call yesterday. The finish line will be on Laurel between 3rd St. Nand 2nd St. N, but would probably want to close 2nd St N to thru traffic between Cherry St. Wand Wilkins St. E. The runners will cross the fin ish line, then walk across 2nd St. N into the Park for the post-race activities. I'm working with Carol and Det. Sgt. VanKiei from Washington County regarding the Manning crossing. Thanks, Brian Brian Mastel Mastel Event Management, LLC USATF Minnesota Men's LDR Chair 612.270.0829 1 Diane Ward From: Beth Wolf Sent: To: Tuesday, February 18, 2014 10 :15 AM Diane Ward Subject: FW: Stillwater City Council FYI -leave it on for this meeting . -----Original Message ----- From: Brian Mastel [mailto:brian@masteleventmanagement.com] Sent: Tuesday, February 18, 2014 9:52AM To: Beth Wolf Subject: RE : Stillwater City Council Hi Beth, thanks for the info. Let's leave it as is for now and if there are problems and it gets pulled off the consent, then I'll plan on coming over there in March . FYI, Carol and Det . Sgt. VanKiei with Washington County are also good with this route. Brian Brian Mastel Mastel Event Management, LLC USATF Minnesota Men's LDR Chair 612 .270.0829 -----Original Message----- From: Beth Wolf [mailto:bwolf@ci.stillwater.mn .us] Sent: Tuesday, February 18, 2014 9:07AM To: Brian Mastel Subject: RE: Stillwater City Council Hi Brian, It is listed under consent so it won't be discussed unless a council member pulls it from consent . I don't see any issues with the race ... but of course just when I say that they want to discuss it. If you feel more comfortable we can put this on the March 4th or March 18th council meeting. Let me know . Thanks. Beth -----Original Message----- From: Brian Mastel [mailto:brian@masteleventmanagement.com] Sent: Monday, February 17, 2014 10:26 AM To: Beth Wolf Subject: Stillwater City Council 1 Hi Beth, I see the Half Marathon is on the consent agenda for tomorrow night's Council meeting. I have another meeting that night so my question was whether or not you think I need to be in Stillwater instead? Thanks, Brian Brian Mastel Mastel Event Management, LLC USATF Minnesota Men's LDR Chair 612.270.0829 2 RESOLUTION 2010-204 RESOLUTION ESTABLISHING POLICIES RELATED TO REVIEW OF EVENT APPLICATIONS WHEREAS, in the past, the review of event applications has been somewhat inconsistent; and ., WHEREAS, the City Council established a Special Events Task Force to study issues related to events and directed them to develop recommendations for addressing those issues; and WHEREAS, the Special Events Task Force met for 18 months to develop recommendations, which were presented to the City Council on October 5, 2010; and WHEREAS, the City Council considered the Task Force recommendations for , several months and found them to be reasonable and acceptable. NOW THEREFORE, BE IT RESOLVED that the Stillwater City Council hereby approves policies and procedures for reviewing event applications as follows: 1. For the purpose of determining which gatherings will be required to submit an event application to the City for review, the following thresholds will apply: Event Special Event Special Event With Contract A gathering is considered an A gathering is considered a special A special event requires a event when any one of the event when any one of the contract with the city if: following thresholds applies: following thresholds applies: 1) Closure of street-One block of 1) Closure of street-One block of a a residential street is closed for up residential street is closed for more to 5 hours; or any portion of a than 5 hours; or more than one block . commercial street is closed for up to of a residential street is closed for any 2 hours . length of time; or any portion of a commercial street is closed for 2 hours or more . 2) Public e.arking lot use-1 to 9 2) Public e.arking lot use -10 or spaces in a public parking lot are more spaces in a public parking lot reserved . are reserved. 3) Street use-The event has a 3) Street use-The event has a route route on a public street(s), such as on a public street(s) (such as a race, " races, walks, or parades . walk or parade) that requires street closure, traffic control, street sweeping, or the use of uno parking signs" along the route. (continued on nextQalJ~) (continued on next p_CJfJ_e) (continued on next page) Event Application Policies Page 2 of 5 4) Number of e.eoe.fe in a e,ark- 250 or more people are expected at a time in a public park. (Note: Any athletic event that has a park reservation approved by the City's park reservation staff is not subject to this threshold). Contract with citv reg,uired- Overtime of city employees is necessary, OR extra paid personnel are necessary, OR extra-ordinary city employee support or city materials are necessary, OR any out-of- pocket expenses are incurred by the city. 2. The following policies related to public notification and public comment will apply: a. Organizers of gatherings small enough to be considered an "event" (as distinguished from larger gatherings that are considered "special events") are not required to provide public notification or an opportunity for public comment. b. Organizers of "special events" that occur entirely within a park (and do not require a contract with the city) are not required to provide public notification or an opportunity for public comment. c. Organizers of "special events" that are not entirely within a park are required to provide public notification to immediately adjacent property owners. i. For special events that are not located entirely within a park and DO NOT require a contract with the city, public notification to immediately adjacent properties will be in the form of a simple fly~r. 1. A public notification form will be included in the special event application materials available from the city. 2. The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. ii. For special events that REQUIRE a contract, notification to immediately adjacent properties must be in the form of a direct . mailing or hand delivered flyer. 1. A public notification form will be included in the special event application materials available from the city. 2 . The public notification must include the organizer's name and contact information for questions. 3. The public notification must be approved by city staff before it is distributed by the organizer. Event Application Policies Page 3 of 5 4. The public notification must be distributed by the organizer at least 7 days before the special event. 5. The public notification must state that a post event questionnaire will be available on the city's website. Any comments on the event may be posted there. 6. If there is a website for the special event, the website address must be included in the notice. The link for the website should also be provided on the city's website. d. Special events that REQUIRE contracts will need to provide an opportunity for public comment. i. Public comment must be in the form of a neighborhood meeting that must occur prior to consideration of the special event request by any of the applicable Commissions or the City Council. Notices for the netghborhood meeting will be prepared and mailed by the city to immediately adjacent property owners. The city will host the neighborhood meeting. A staff member will be in attendance, as will the Councilmember whose ward the event occurs within. The costs for mailing notices by first class mail and the costs of hosting the meeting must be paid by the applicant for the special event permit together with any applicable permit application fees . ii. Any special event that has a contract with the city in 2010 will be considered "grandfathered". This is to say that these special events will not have to conduct a neighborhood meeting before · their contracts are renewed each subsequent year, unless there are substantive changes to the event that impact city services or neighborhoods . iii. Whether a special event operating under a contract is "grandfathered" or not, all special events with contracts will be required to conduct a post-event questionnaire. The questionnaire will be offered on the city 's website. [It will consist of three to five questions-the same questions would be used for all special · events. The questionnaire should also include the chance for anyone to submit general comments .] The comments will be tabulated and given to the event organizer within 30 days of the event and the results will also be included in the review of the next year's special event application request. e. A fully completed application form must be received by the city at least 60 days prior to a "special event" or "special event with contract", and 30 d~ys prior to an event. Any applications that are incomplete, or received after the deadline will be rejected by the city . Event Application Policies Page 4 of 5 A summary of the public notice and public comment policies follows: Event Spec ial Event Special Event with Contract No neighborhood notice required Neighborhood notice not required if Neighborhood notice by event host special event occurs completely required within a city park. If it does not, then neighborhood notice is required. ' No public comment required No public comment required Neighborhood meeting is required, unless the event is "grandfathered ".1 No post-event questionnaire No post-event questionnaire required A post-event questionnaire is required. required This requirement also applies to "grandfathered " special events. Reviewed only by city staff, unless Reviewed by City Council, city staff, Reviewed by City Council , city staff, · a noise variance is requested . The and applicable Commissions and applicable Commissions Council must review a noise variance. 3 . The following fees will apply: a. Out-of-pocket expenses -Fees for city services will be limited to the city 's out-of-pocket expenses. Out-of-pocket expenses include such things as overtime pay for city employees, equipment that the city would need to rent for the event, office supplies, billables (e.g . postage), and any contracted services. b. "Event" applicat ion fee -No application fee will be charged for a gathering that meets the definition of an "event". An application for this type of gathering is reviewed only by staff, so out-of-pocket costs are very low. c . "Special event" application fee -A $50 application fee will be charged for a gathering that meets the definition of a "special event". An application for this type of gathering requires review by city staff, the Park Commission and/or Downtown Parking Commission, and by City Council. Production and distribution of the agenda packets for these groups would be covered by the application fee . d . "Special event with city contract " application fee-A $50 base application fee will be charged. In addition the cost of mailing notices (first class postage, letterhead, envelopes) for the public input meeting for this type of gathering must be paid by the applicant. e . Equipment-Equipment operated by city personnel to support an event will not be pa id for by the event organizer, unless the equipment has to be rented by the city specifically for the event. f . Materials-Since event use of materials owned by the city (e.g. barriers, cones , signs) creates wear and tear on those materials, that use must be paid for by the event organizer. As long as the equipment and services are appropriate for the event, and the event can be run safely in the 1 Any special event that already has a contract wi th the City during 2010 is considered "grandfathered ' and as its ccntract is renewed annually, it is not requ ired to prov ide an opportun ity for pub li c comment , unless there are substantive changes to the event. • Event Application Policies Page 5 of 5 estimation of city staff, the organizer could contract for services and materials elsewhere. The fee schedule for city materials is: Picnic Tables Orange Fencing Trash Containers Refuse Collection Portable toilets Portable toilet-Handicapped Electrical use (Parks, except Lowell Park) Electrical use (Lowell Park) Barricade 4' to 12' Barricade 4 ' to 12' with flasher Drums Reflective Cones Traffic Sign on stand PD No Parking Signs $10 .00 /table/day $2.50 /lineal foot $8 .00 /container/day Cost of staff time $60/event/un it $150/event/unit $10.00/day $20 .00 per elec. box/day $2.00/barricade/day $5 .00/barricade/day $1 .00 /drum/day $1.00 /cone/day $2.00/sign/day $1.00 /sign/day g. Park Usage Fee-Standard park reservation and facility use fees will apply . In addition , a $500 Park Usage Fee may be charged . Whether the $500 Park Usage Fee is charged or not will be left up to the Park · Commission with advice from the city park maintenance department. The $500 fee is charged if an event is expected to produce extraordinary wear- and-tear on park turf. In the case of events that occur annually, if the turf sustained an extraordinary beating one year, the Park Commission should require a $500 Park Usage Fee the next year. Adopted by the Stillwater City Council this 21 51 day of December, ATTEST: Aw~~d- Diane F. Ward , City Clerk MEMORANDUM Date: February 6, 2014 To: Mayor and City Council Members City Administrator Larry Hansen Cc: Chief John Gannaway From: Captain Nate Meredith Subject: Administration squad car replacement In the 2013 Budget, we requested to purchase three marked patrol vehicles and one vehicle from our fleet of five administrative vehicles. For the 2014 budget, $120,000 was approved for replacing the marked patrol vehicles; funds were not available for the administrative vehicle. In October of 2013 we had a marked patrol vehicle damaged and considered to be ‘totaled’ by insurance. The purchase of the replacement vehicle will be reimbursed through our insurance. In January 2014, two more replacement marked patrol vehicles were ordered at a cost of $52,000. The cost of these vehicles will be covered by our budgetary allotment, figuring the estimated equipment cost of $14,000 per car; the total cost to the city for three new marked patrol vehicles is approximately $94,000. This will leave the department with roughly a $26,000 balance. Recently the department learned of a vehicle leasing program offered through Enterprise. The fleet leasing program offered by Enterprise would allow the department to replace four of the five administrative vehicles with a four year lease on each vehicle; at or below the cost of purchasing just one vehicle. Our current fleet of administrative vehicles consists of a 2006 Chevy Trailblazer, 2006 Dodge Charger, 2007 Ford Edge, 2008 GMC Acadia and a 2013 Ford Explorer. Each vehicle cost the city $18-25,000 to purchase. As the age of the fleet rises, so do the maintenance costs; over the last four years, maintenance for the four vehicles we wish to replace was $16,435 – an average of $4000 per vehicle, or $1000 per year per vehicle. Funding for this program would come initially from the $26,000 balance in the 2014 budget, and then budgeted yearly thereafter. As an example provided from Enterprise, the monthly cost of a 2014 Ford Explorer would be $505 per month on 4 year lease, full maintenance plan included. For the year, this would cost $6060. Multiplying that total by four, the cost of leasing four identical vehicles for four years, would be $24,240. Enterprise has many makes and models of vehicles available, any several are less expensive that the cited model. As part of the lease program, we would be allowed to equip each vehicle with emergency equipment as our current vehicles are; under the agreement, there would be no additional costs or fees for alterations to the vehicles for installing this equipment. At the end of the lease period, Enterprise would credit the city with the sale of each vehicle, applying that credit to renew a lease for another 4 year period on a new vehicle. We also estimate the mileage of the vehicle driven per year based upon historical data, and then have to come close, but not exact In summary, the implementation of this lease program would be a significant benefit to the department and the city, and it is possible the program could be expanded to other departments within the city, helping to keep vehicle purchase and maintenance costs down city wide. With the way the program is designed, we would be able to maintain a newer and better maintained administrative fleet, at a lesser cost; the program does not cover pursuit rated vehicles, thus would not work for marked patrol vehicles. AGENDA CITY COUNCIL MEETING Council Chambers, 216 Fourth Street North February 18, 2014 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. – NOT AVAILABLE - February 11, 2014 regular and recessed meeting minutes will be available for approval at the March 4, 2014 meeting. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS VI. OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. VII. STAFF REPORTS 2. Police Chief 3. Fire Chief 4. City Clerk 5. Community Development Dir. 6. Public Works Dir. 7. Finance Director 8. City Attorney 9. City Administrator VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion on these items unless a council member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 10. Resolution 2014-029, directing payment of bills 11. Possible approval of 2014 Capital Release I: Photocopier for Library 12. Possible approval of ½ Marathon Event – May 24, 2014 13. Possible approval of temporary liquor license – Church of St. Michael – May 17 & 18, 2014 14. Possible approval of LMCIT Liability Coverage – Waiver form IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. X. UNFINISHED BUSINESS 15. Possible approval of construction management agreement for New Fire Station (Resolution – Roll Call) XI. NEW BUSINESS XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 16. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT EXHIBIT "A" TO RESOLUTION #2014-029 LIST OF BILLS 3D Specialties Aggregate and Ready Mix ARM Amana McGann Inc Carquest Auto Parts Carte Graph Systems Inc. Century College Century Link Com cast Cornerstone Copy Center CoStar Realty Information Inc Dakota County Technical College ECM Publishers Emergency Medical Products Fastenal Company Fixmer Don Force America G & K Services Haussner Plumbing LLC Houge Jeff & Stacy Johnny's TV Inc. Kustom Signals Lauer Christopher Theron League of MN Cities League of MN Cities Ins Tr Loffler Companies Inc . Marshall Electric Company Menards Metropolitan Mechanical Contractors Meyer Sewer Service Middle St Croix Watershed WMO Minnesota Occupational Health MN Dept of Public Safety EPCRA Program Municipal Emergency Services NAPA Auto Parts North American Salt Co. Nuss Truck & Equipment Office Depot Olson Andrea Pioneer Press Ricks 36 Automotive Service Riedell Shoes Inc. S& T Office Products Sentry Systems Inc. Siess Anne Springbrook Channelizer Concrete Field Class for Byron R Theis Labor Auto supplies & parts Maintenance agreement Fire courses Phone Internet Recycle guide and magnets Property professional Defensive driving-snow plow Publications Heartstart Supplies Microphone mixer and parts Supplies Mats Plumbing work Refund-Beginner Hockey Equipment instalation and supplies Antennas Reimburse for iPad Safety & Loss workshops 1st installment municipality Network computer support Light in shop and pump Supplies Maintenance agreement Lift station pumping First half 2014 On-site DOT drug collection with testing Hazardous chemical inventory fee Maxi fog fluid Degreaser Bulk course LA HWY Supplies Toner Reimburse for expenses for class Legals notice of special meeting Vehicle repair Laces Office supplies Alarm Monitoring Reimburse for iPad Maintenance agreement Page 1 306.03 430.00 110.00 292.58 11,149.00 800 .00 59.58 126.90 10,656.80 316 .00 800.00 495.45 1,990.00 51.25 93 .12 248.82 265 .23 162 .61 50 .00 460.50 7,323.00 599 .00 20 .00 71,723 .25 438 .75 4,054 .09 4 .64 1,150.00 400 .00 16,822 .57 190.20 25.00 123 .96 52 .47 13,049.67 174.39 154.10 313 .16 139.00 463.55 33 .69 166.55 590 .00 599.00 21,931.49 EXHIBIT "A" TO RESOLUTION #2014-029 St. Croix Boat and Packet Co . Stillwater Towing Summit Fire Protection SW /WC Service Cooperatives Teclnc Thomson Reuters Toll Gas and Welding Supply Tri-State Bobcat Tri-State Pump and Controls Inc. US Bank Corporate Trust Svcs Verizon Wireless Washington County Info Tech Dept. Washington County License Center Washington County Property Records Waste Management Wheelco Truck and Trailer Parts Xcel Energy Yocum Oil Company Zayo Enterprise Networks liBRARY Baker and Taylor Blackstone Audio Brodart Co Culligan of Stillwater G & K Services Hannah Karen Heritage Printing Inc. Master Mechanical Inc. #69 Midwest Tape December ramp cleaning Towing Annual fire sprinkler inspection Retiree Health Insurance 6PS System PPC guide to preparing gover fin stmts Cylinder Controller, Harness, Supplies Valve Admin fees Phone 2014 Citrix licenses Title App 2014 Ford Explorer Police Squad 2014 Truth in taxation notice 2013 final Garbage Certification Auto parts and supplies Energy Fuel Phone Materials Materials Materials Water Towels and rugs Staff reimbursements Paper Building repairs Materials Page 2 750 .00 150.00 290 .00 61,633.81 16,380.00 231 .66 42.04 661.70 828.33 850.00 468 .52 300.00 26 .75 1,628.16 15,547.72 241.90 36,120 .79 9,459.02 492.12 1,022.24 200.00 901.86 128 .15 152.19 85.46 21.15 561.00 485.62 Stillwater Public Library 224 Third St. N. Stillwater MN 55082 651.275.4338 www.stillwaterlibrary.org 2014 Capital Release I: Photocopier At its meeting on February 11, 2014, the Board of Trustees passed a motion requesting that the City Council the release funds for an administrative office photocopier that is part of our approved 2014 capital budget. We are experiencing problems with the current photocopier, which lacks important functionality. The new copier will have both scanning and network capability. Scanning capability will allow the library to scan many of its files and reduce the amount of space needed to house them. We will also be able to network our computers to the copier for printing with a resulting savings in the cost of supplies. Photocopier $7,000 MEMORANDUM TO: Mayor and Council FROM: Diane F. Ward, City Clerk SUBJECT: ½ Marathon – May 24, 2014 Attached is the event application for the ½ Marathon to be held Saturday, May 24, 2014 by Run Stillwater, Inc. (Brian Mastel). The finish line will be on Laurel between 3rd and 2nd and has requested that 2nd between Cherry and Wilkins be closed to thru traffic. The runners cross the finish line then walk across 2nd St into Pioneer Park for post-race activities. Mr. Mastel has been notified that there will be costs for the use of Pioneer Park and police services. EVENTS PERMIT APP .ICATION 216 North 4 th Street, Stillwater, MN 55082 Telephone: 651-430-8800 Fa): 651-430-8809 Incomplete applications or applications received after deadline will not be Office Use Only Date Application Received ------accepted. See Event Instructions for application deadline and fees. Date of Application:-~/ A~t:l::....1L,I-~~~~O~I~'f ___ _ Type: Event Special Event Event w/ Contract Eve nt Infor mation Title/Name of Event Stillwater Half Marathon and 5K Event Date/Time: Set up: 5/24/2014 Date _______________ ___ 5:00a.m Time ______ _ 8:00a.m. to ________ _ 5/24/2014 Date ________________ __ Clean up: 5/24/2014 Da t e _______________ __ 8:00 a.m 12:00 p.m . Time to I -· 12:00 4 :00 p .m. j1 11me to _____ _ (Events after 10:00 p.m. require a variance from City Council Actual Event: I Loca t ion (Address) of Event: Pioneer Park and Brown's Creek P rk (course maps are attached) I (if in Lowell Park please specify north or south Lowell park) Description of Event (please be specific -this information will be used to promote the event on the ity of Stillwater website) Half Marathon -8:00 a.m . start near Brown's Creek Park on Neal Ave N, turns\~ est along the path next to McCusick Rd N to I 88th St N, enters the Gateway Trail near the intersection with Dellwood Rd, follcws the Gateway Traii to Norell Ave N, continues on Stonebridge Trail to St. Croix Ave W to Williams St N, left on Laurel St. W to he finish in front of Pioneer Park. 5K -8:30 a.m. start near Brown's Creek Park on Neal Ave N, turns right on Oak Glen Trail, right on Dellwood Rd, right on Stonebridge Trai! and follows the ha lf marathon course to the finish in front of Pi )neer Park. Estimated Attendance (participants and spectators): 500 Applicant Information (Person/Group Re sponsible) Sponsoring Organization Name: Run Stillwater, Inc. Mailing Address: PO Box 21 City, State, Zip Code: Stillwater, MN 55082 1 Primar1 Contact/Applicant Name: Brian Mastel , Race Director I Phone Number: 612.270.0829 i Fax: NA I Email Address: brian@masteleventmanagement.com Website Address: stil!waterhalfmarathon.com Name of contact person during event: Brian Mastel Alternate contact during event: NA Refer media or citizens inquires to: Brian Mastel Cell Phone: 612.270.0829 Ce!l Phone: 612.270.0829 Cell Phone: Phone: 6 i 2.270.0829 Site Plan· A site plan is mandatory for all eventc Please provide a map of the site layout Include any tables stages tents ......... I I fencing, portable restrooms, vendor booths, trash contamers, etc. !f event mvolves a parade, race or walk, please attach a route map highlighting route. Include rest stop st tions, crossings, signage and indicate route direction with arrows. Event Features Will any signs/banners be put up No 0 Yes IZJ Number d . TBO-sta rt/finish banners and sponsors n SIZe: bannPr'i Will there be any inflatables? No IX] Yes n Insurance cerljlcOte from rPMnl vendor is required Will there be entertainment? No 0 Yes IZJ What ty~ !e: Music at start and finish Fees for ele,tricity moy apply see Instructions Will sound amplification be used? No 0 Yes 1&1 Hours an ~ T . 7:30am (start) 8:30am (finish) - ype. announcements and music Will a stage or tent(s) be set up? !\Jo 0 Yes IZl Dimensic ns:1 0 x 1 0 canopy style tents in Pioneer Park Will there be temporary fencing? No 0 Yes ~ I Will merchandise/food 1tems be sold? No !&: Yes 0 How ma1y Fees for electnoty may vendors ~xpected: oooiy see Instructions Will food be prepared on site? No 1&1 Yes 0 ContoctWos ,mgton County Health Deportment, 651-430·6655 Will cooking operations be conducted? No 181 Yes 0 Contact Still oter Fire Deportment, 351-4950 Will alcohol be served but not sold? No IX) Yes 0 See Alcohol,egulotions in the Instructions I Will alcohol be sold? No IZi Yes 0 See Alcohol 1egulot•ons m the Instructions Will there be a fireworb display? No !&] Yes 0 Permit requ+d, contact Sttllwoter F1re Deportment, 651·351-4950 Describe power needs and location of power source. 2000 to 3500 kw generators for timing equipment and sound system Dec;cribe level of advertisemPnt (•e, rild1o, flyPr~. ads, tv, press release) Attach sample if available Web marketing (including e-newsletter, email , calendar postings), flyers in stores City Services (After reviewing the event application, City services may be requ ried for the ev nt .) Will event use, close or block any of the following: If yes specify location on si e map. City Streets or Right-of-way No 0 Yes f8J Start/Enc Time: 7:30 d.rn./2:00 1-l·~ Date:S/24/2014 City Sidewalks or Trails No D Yes IZl Start/Fnc Time: 7:30 a.mJ2:00 P·C9 Date:S/24/2014 Public Parking Lots or Spaces No ~ Yes 0 Start/Enc Time : Date: Will event need barricade(s)? No 0 Yes ~ Number, .eeded: Warning Lite of MN to prov~ Fees may apply see Instructions Will extra picnic tables be needed? No [X) Yes r 1 Number eeded: Ff'P( mny npply see Instructions I Will portable restrooms be needed? No 0 Yes ~ Number needed: TBD both start and finish Fees may apply see Instructions Will extra trash re ceptacles be needed? No ~ Yes ~ Number needed: Vendor to provide Fees may apply see lnstruct1ons Describe trash removal and cleanup plan during and after event: All trash and recyclables will be collected at start/course/finish and removed fro tn site 1 Will event need traffiC control? No 0 Yes ~ Contort Still j.mtPr Pollee Department for a~si~tance, fiSl-351 -4900 Describe crowd control procedure to ensure the safety of participants and spe [:tators: Ped barricades will be used at finish to control participant/spectators (site map v ill be provided). cones on fog lines where shoulder will be used. I Wiii"No Parking Signs" be needed? No 0 Yes 18] Number ~eeded: TBD Fees may apply see Instructions Show location(s} on site map Will event need security? No IZl Yes 0 lj PVI'nt I~ OV rmght, security will be required. If using private secruity, list Security Company and Contact Information: I Will event need EMS services? No 0 Yes 1&1 Contact LakE 1ew EMS, 6S1-43D-4621 Describe plans to prov1de first aid, 1f needed: Health East will be the medical provider for the start, course and finish . Lakevie ~ EMS will be contacted for course support. Describe the em ergency action plan if severe weather should arise: I Emergency Action Plan will be provided when complete. I list any other pertinent information: The former Stillwater Marathon and events brought a c.onsiderable amount of b siness to Stillwater and goal of the new Half Marathon and events will be to continue driving business to the area. I The sponsor(s) of this event hereby agrees to save the City, its agents, officials and emplorees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. De ending on the size of and scope of the event a "Certificate of Insurance" may be required. If insurance is required, the policy must be ke t in force dunng the event of at least the statutory limits for municipalities covering claims that might be brought against the eve that arise out of the events authorized and to nome the City as an additional insure d on their policy "as their interest may appear." As he sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the p rm1t fee for this event based upon the information provided in this application. I realize my submittal of this application reques constitutes a contract be tween myself and the City of Stil'/j=~:::e;! ~bility. 1()., __ 1 r £...-~ ~ 1/29/2014 Signature of Applicant or Authorized Agent Date Map your runs mapmyrun N 'ron I< ® 1.. Boutwell Cemett>ry • .. 2014 Stillwater SK Distance : 3 .1 mi DellwoOd Rd • Brown's Crttk Park l Sr!,srN Norrhland Park • u;~p Mt:ttu.:?cl: OW' Stlvior"s Lutheran ... Church (tlCA} Olive St W (}] 0 :: "' " .... ~ z oel ood Rd M rtle St'JJ • ~ ~--• ::> V' Schuleni:Mg :z Park @ :;>: Ci) .£ Q 2 ..., ~ .~ 0 t! \I} STIUWATfR Saint Ma•y's ., aiholic Church • Q) ..... <;. cl ;;;· -;;;::; '<." ~ Pagel of2 • sr Cro lsloods S fiecrent101 ® Historic Map cjataMI!RlJ~Googl e 950 ~----------------------------------------------------+-------------------------~950 soot------------..-------------,,----------~,,-------------+----------~~.-------------+soo 0 0.5 1 LS 2 5 31 Feet (Y ) I f<lil"s (X) Copyright 2008 J..1apr-tyF1tness. Inc. htto://www.maomvrun.com/routes/print/351553879/ 1/28/2014 Map your runs Page 2 of 2 ~ Head north on Neal Ave N toward McKusick Rd N 0 mi (+0.16 m i) a Turn right onto Oak Glen Trail 0.16 mi (+0.39 mi) a Head northwest on Oak Glen Trail toward Oak Glen Cir 0 .55 mi (+0.21 mi) a Turn right onto MN-96 E/Dellwood Rd 0 .76 mi (+0.3 mi) g Head southeast on MN-96 E/Dellwood Rd toward County R 55 1.06 mi (+0 .14 mi ) Slight right onto County Rd 55 1.2 mi (+0.08 mi) a Continue onto Stonebridge Trail N Destination will be on the left 1.28 m i (+0.45 mi) II Head southeast on Stonebridge Trail N toward Sycamore St w 1.74 mi (+0.23 mi) [JB Continue onto Owens St N 1.97 mi (+0.14 mi ) a Turn left onto St Cro ix Ave W Destination will be on the left 2 .11 mi (+0.1 mi ) II Head east on St Croix Ave W toward William St N 2.2 mi (+0.04 mi) a Turn right onto William St N 2.24 mi (+0 .45 m i) Head south on William St N toward Laurel St W 2 .69 mi (+0 mi) a Turn left onto Laurel St W 2.69 mi (+0.41 mi) a Destination 3.1 mi (+0 mi) MapMyRun • http://mapmyrun.com /routes/vi w /351553879 htto ://www.maomv run .com /routes/orint/351553879/ i /28/20! 4 2014 Stillwater Half Marathon - 60th St N Option Distance: 13.13 mi Page 1 of 3Map your runs 2/4/2014http://www.mapmyrun.com/routes/print/354495467/ mapmyrun ark .I Birchwood Village • Wedgewoad Park ~ \ Ill :=! z !!::: ~ .. ... scnoor -1. ~ sectjon la~e 10 l32nd 5t~ z z 1201h S1 N 1171h St N IT!] 1D1th St N '/ , ' ... "' :z ~ Ma h1 t>me(h Willernie '. • PinePoirJ! Regionfll Park [!I] l [}] cti..,SI W Big Carnelian Lilk~ ~- . ; Still 1ve1er .,, ~ I (.j t; @ @ (. ~. ) LDJJog l9kE .::.~ <if rt Lake De MOI'llre•JI/e 1 Uke Ja11e ~o.,_: Sunfish Lake Pa rk • "3rdSIN Lake Elmo / Oak P~r k • He i gm~ BreklceP;uk Barke rs Alps Park • Ela)'llo rt 1151 ~ Map data @2014 G o9.gJ~, 800 +-----.------,-----,-----,,-----,-----,------.-----.-----.------.-----~----.-------+800 0 1 2 3 4 5 6 7 B 9 1 0 11 1 2 13.2 Feet (Y) I Miles (X) Co py ri g ht 2008 MapMyFitn ess, In c. Head west on 60th St N toward Highlands Trail N0 mi (+0.37 mi) Sharp right toward Gateway State Trail 0.37 mi (+0.04 mi) Continue straight onto Gateway State Trail0.4 mi (+0.28 mi) Head north on Gateway State Trail 0.68 mi (+0.69 mi) Head northeast on Gateway State Trail 1.37 mi (+0.76 mi) Take the pedestrian tunnelDestination will be on the left2.13 mi (+0.21 mi) Head northeast on Gateway State Trail toward Jamaca Ave N2.35 mi (+0.43 mi) Head northeast on Gateway State Trail toward Jody Ave N Destination will be on the left 2.78 mi (+0.68 mi) Head northeast on Gateway State Trail 3.46 mi (+0.84 mi) Take the pedestrian overpass 4.3 mi (+0.3 mi) Head northeast on Gateway State Trail toward Lansing Ave N4.6 mi (+0.98 mi) Head east on Gateway State Trail toward Lansing Ave N5.58 mi (+0.21 mi) Turn left onto Lansing Ave N Destination will be on the right5.79 mi (+0.8 mi) Head north on Lansing Ave N toward 110th St N6.58 mi (+0.27 mi) Turn right onto 110th St N 6.85 mi (+0.88 mi) Turn right onto County Rd 15/Manning Ave N7.74 mi (+0.33 mi) Head south on County Rd 15/Manning Ave N toward 102nd St N8.07 mi (+0.97 mi) Head south on County Rd 15/Manning Ave N toward Dellwood Rd9.04 mi (+0.54 mi) Turn left onto MN-96 E/Dellwood Rd Destination will be on the left9.59 mi (+0.46 mi) Head east on MN-96 E/Dellwood Rd toward Mendel Rd N10.05 mi (+1.19 mi) Slight right onto County Rd 55 11.24 mi (+0.08 mi) Continue onto Stonebridge Trail N Destination will be on the left11.32 mi (+0.2 mi) Head southeast on Stonebridge Trail N toward Johnson Ct 11.52 mi (+0.49 mi) Continue onto Owens St N 12.01 mi (+0.14 mi) Turn left onto St Croix Ave W Destination will be on the left12.14 mi (+0.08 mi) Page 2 of 3Map your runs 2/4/2014http://www.mapmyrun.com/routes/print/354495467/ Head east on St Croix Ave W toward William St N12.23 mi (+0.06 mi) Turn right onto William St N Destination will be on the left12.28 mi (+0.35 mi) Head south on William St N toward Maple St W12.64 mi (+0.1 mi) Turn left onto Laurel St W 12.73 mi (+0.4 mi) Destination 13.13 mi (+0 mi) MapMyRun • http://mapmyrun.com/routes/view/354495467 Page 3 of 3Map your runs 2/4/2014http://www.mapmyrun.com/routes/print/354495467/ Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division 444 Cedar Street, Suite 222, St. Paul, MN 55101 651-201-7500 Fax 651-297-5259 TIY 651-282-6555 APPLICATION AND PERMIT FOR A 1 DAY TO 4 DAY TEMPORARY ON-SALE LIQUOR LICENSE Name of organization Date organized Tax exempt number Ljc_h_u_rc_h_o_f_S_a_in_t_M_i_ch_a_e_l ____________________________________ ~j Lj1_8_82 ____________ ~j Lj4_1_-0_7_4_25_1_1 ____ ~----~ Address City State Zip Code Lj6_1_1_S_ou_t_h_3_r_d_S_tr_e_~------------------------------~~ ~js_ti_llw __ at_e_r ________ ~j =~M=i=n=ne=s=o=ta========~ Ljs_s_o8_2 ______ ~ Name of person making application Business phone Home phone LIJ_am __ e_s_D_u_n_ca_n __________________________________________ ___JII651-439-4400 r:__;_::..l:..:..;__ __________ , Date(s) of event Type of organization !May 18,2014 fYJ a.:r 17 1 ;{ 0 } l..f 0 Club 0 Charitable IX! Religious D Other non-profit Organization officer's name City State Zip ~X--~R_e_v_._M_ic_h_a_e_IJ_._M_il~le_r __________________________ ~s_t_ill_w_a_te_r __________ ~LIM_i_n_n_es_o_t_a ____ ~ILJs_s_o_82 ________ ~ Add New Officer Location where permit will be used. If an outdoor area, describe. Parking lot close to entrance of building at 611 South 3rd Street, Stillwater, MN 55082 If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service. No If the appl icant will carry liquor liability insurance please provide the carrier's name and amount of coverage. No APPROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT City/County Date Approved City Fee Amount Permit Date Date Fee Paid Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement NOTE : Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the permit for the event. Page 1 of 1 LEAGUE oF MINNESOTA CITIES CONNECTING & INNOVATING SIN C E 1913 LIABILI TY COVERAGE -WAI VER FORM LMCIT members purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. Please return the completed form to your underwriter or email to pstech@lmc.org This decision must be made by the member's governing body every year . You may also wish to discuss these issues with your attorney . Cities and other League of Minnesota Cities Insurance Trust members that obtain liability coverage from LMCIT must decide whether to wa ive the statutory tort liability limits to the extent of the coverage purchased . The decision has the following effects : If the member does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory tort limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1 ,500 ,000 . These statutory tort limits would apply regardless of whether the city purchases the optional excess liability coverage . o If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1 ,500 ,000 for a single occurrence . The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500 ,000 , regardless of the number of claimants . If the member waiv es the statutory tort limits and purchases excess liability coverage , a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased , regardless of the number of claimants . Claims to which the statutory municipal tort limits do not apply are not affected by this decision . ~---~--=----accepts liability coverage limits of$ _______ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: [Zl The member DOES NOT WAIVE t he monetary limits on municipal tort liabil ity establ ished by Minnesota Statutes Section 466.04. D The member WAIVES the monetary limits on municipal tort liability establ ished by Minnesota Statutes Section 466.04 , to the extent of the limits of the liability coverage obtained from LMCIT . Date of city council/governing body meeting ______ _ Signature _____________ _ Posit ion ____________ _ 145 UNIVERSITY AVE . WE ST ST. PAUL, MN 55103-2044 PHONE: (65 1) 281 -120 0 FAX: (6 51 ) 28 1-1299 TOLL FREE: (8 00 ) 925-11 22 W EB: WWW LMC.ORG TO: Mayor & City Council DATE: February 13, 2014 SUBJECT: Construction Management Contract for Fire Station Project FROM: Bill Turnblad, Community Development Director BACKGROUND The City Council approved retaining Kraus Anderson as construction manager for the Fire Station project on 5/15/12 (per Resolution 2012-86, which is attached). Subsequently John Huenink has been providing the City with those services. Now that federal and state money has been committed to constructing the new Readiness Center (to which the Fire Station will be attached), the Council has directed City staff to proceed with the final design and construction of the fire station. Prior to proceeding, the contract for construction management (CM) services needs to be approved. A copy of the document is attached. COMMENTS The contract is a standard AIA form. CM services would be provided for 2% of the fire station’s construction cost. This is consistent with Resolution 2012-86 adopted by the City Council. STAFF RECOMMENDATION Staff recommends adoption of the attached Resolution, which approves the contract. Attachment: Contract Previous Resolution Proposed Resolution RESOLUTION NO. 2012-086 A RESOLUTION APPROVING CONSTRUCTION MANAGEMENT SERVICES FOR NEW FIRE STATION WHEREAS, on December 6, 2011 the City Council approved on a 4-1 vote a motion to proceed with design work for a new fire station; and WHEREAS, in April of 2012 the Stillwater Fire Chief requested bids and proposals for construction management services to represent the City during pre-construction design as well as during construction of the new fire station; and WHEREAS, three bids were received, the most favorable of which was from Kraus- Anderson Construction Company for 2% of construction cost, which would be a total fee of $130,000 if construction costs are equal to the $6,500,000 estimate; and WHEREAS, Kraus-Anderson would charge nothing to assist the City in its pre- construction meetings for project design, unless the City does not construct the fire station, in which case the project design assistance would cost the City $17,000; and WHEREAS, by November 20, 2012 the City Council will decide whether to proceed with construction of the new fire station, if the decision is to construct the station Kraus-Anderson would provide the construction management services, if the decision is not to construct Kraus- Anderson would then be paid $17,000 for its pre-construction project design services. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Stillwater hereby authorizes City staff to enter into a contract with Kraus-Anderson Construction Company for construction management services at a total fee of2% of construction cost. Enacted by the City Council of the City of Stillwater, Minnesota this 15 1 h day of May, 2012. ATTEST: Ald_~d~ Diane F. Ward, Clerk APPROVING AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH KRAUS-ANDERSON CONSTRUCTION COMPANY BE IT RESOLVED, by the City Council of Stillwater, MN that the Construction Management Agreement between Kraus-Anderson Construction Company and the City of Stillwater, for the new Fire Station, as on file with the City Clerk, is hereby approved and authorizes the Mayor sign the agreement. Adopted by the City Council of the City of Stillwater this 18th day of February, 2014 Ken Harycki, Mayor ATTEST: Larry D. Hansen, Acting City Clerk I nit. AlA Document C132'" -2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the Twenty-eighth day ofJanuary in th e year Two Thousand Fourteen (In words, indicate day , month and year.) BETWEEN the Owner: (Name , legal status, address and other information) City ofStillwater 216 North Fourth Street Stillwater, MN 55082 and the Construction Manager: (Name, legal status, address and other information) Kraus-Anderson® Construction Company 8625 Rendova Street N.E. P .O . Box 158 Circle Pines, MN 55014 for the following Project: (Na me , location and detailed description) New Fire Station Located between Highway 12 and Boutwell Stillwater, Minnesota (23,000 SF+/-) The Architect: (Na me, legal status, address and other information) Buetow 2 Architects, Inc. 2905 Dean Parkway, Suite A Minneapolis, MN 55416 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 orig inal AlA standard form . An Additions and Deletions Report that notes added information as well as revis ions to the standard form text is available from the author and should be reviewed . A vertical line in the left margin of th is document indicates where the author has added necessary information and where the author has added to or deleted from the original AlA 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 AlA Documents A132™-2009 , Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition ; A232™-2009 , General Conditions of the Contract for Construction, Construction Manager as Adviser Edition ; and 8132™-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition . AlA Document A232™-2009 is adopted in this document kly reference. Do not use with other general conditions unless this document is modified . AlA Document C132'M-2009 !Jonnerly B801'MCM a -1992). Copyright © 1973 , 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distributi on of 1 this AlA® Document, or any portion of It, may result in severe civil and criminal penalties, and wlil be prosecuted to the m aximum extent possible under the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No .8871 094906_1 which expires on 12/31/2014 , and is not for resale. User Notes: (946483554} I nit. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested iliformation or a statement such as 11not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed) § 1.1.2 The Project's physical characteristics: (JdentijjJ or describe, if appropriate, size, location, dimensions , or other pertinent iliformation, such as geotechnical reports; site, boundalJI and topographic surveys; traffic and utility studies; availability of public and private utilities t:md services; legal description of the site; etc.) 26,450 square foot, one-story precast and brick fire station containing six apparatus bays, offices, and living areas. § 1.1.3 The Owner 's budget for the Cost ofthe Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Seven Million Dollars ($7,000,000.00). § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: ·I February 1, 2014-May 31, 2014 .2 Commencement of construction: AlA Document C132""-2009 1.formerly B801'"'CMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S . Copyright Law and International Treaties . Unauthorized reproduction or distribution of this AlA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No.8871094906_1 which expires on 12/31/2014. and is not for resale . User Notes: (946483554) 2 I nit. June I, 2014 .3 Substantial Completion date or milestone dates: May 31,2015 .4 Other: N/A § 1.1.5 The Owner intends the following procurement method for the Project: (Identify method such as competitive bid, negotiated Contract or multiple Prime Contracts) § 1.1.6 The Owner's requirements for accelerated or tast-track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages.) § 1.1.7 Other Project information: (!dentifj' special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic prese111ation requirements.) § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) Stuart Glaser 216 North Fourth Street Stillwater, MN 55082 § 1.1.9 The persons or entities, in addition to the Owner's representative, who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other information.) Chief Stuart Glaser 216 North Fourth Street Stillwater, MN 55082 § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and con tractors: (List name, legal status, address and other information.) .1 Land Surveyor: TBD .2 Geotechnical Engineer: TBD AlA DocumentC132'M-2009 f!onnerly B801n•cMa-1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document is protected by U.S. Copyright Law and Internati onal Treaties . Unauthorized reproduction or distribution of 3 th is AlA ® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No .8871094906_1 which expires on 12131/2014, and is not for resale . User Notes: (946483554) I nit. .3 Civil E ngineer: TBD .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or c onstruction contractor.) N/A § 1.1.11 Th e Construction Manager identifies the following representative_in accordance with Section 2.4 : (List name, address and other information.) John Huenink 8625 Rendova Street N.E. P.O. Box 158 Circle Pines , MN 55014 § 1.1.12 The Construction Manager 's staffing plan as required under Section 3 .3.2 shall include: (List any specific requirements and p ersonnel to be included in the staffing plan, if known.) § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal status, addre ss and other information.) N/A .2 Other consultants : N/A § 1.1.14 The Construction Manager's consultants retained w1der Additional Services: N/A § 1.1.15 Other Initial Information on which the Agreement is based: § 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, by appropriate written agreement, appropriately adjust the schedules , the Construction Manager's services and the Construction Manager's compensation. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES § 2.1 The Construction Manager shall provide the services as set forth in this Agreement. § 2.2 The Construction Manager shall perform its services consistent with the skill and care ordinarily provided by construction managers practicing in the same or similar locality under the same or similar circumstances. The AlA Document C132TM-2009 ![ormerly B801 "'CMa -1992). Copyright© 1973 , 1980, 1992 and 2009 by The American Institute of Architecls. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distri bution of 4 this AlA® Document, or any portion of it , may result in severe c ivil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No .8871094906_1 which expires on 12/31/2014, and is not for resale . User Notes: (946483554) I nit. Construction Manager shall perf01m its services as expeditiously as is consistent with su ch skill and care and the orderly progress of the Project. § 2.3 The Con struction Manager shall provide its services in conjunction with the services of an Architect as described in AlA Document B 132™-2009, Standard Form of Agreement Between Owner and Architect , Construction Manager as Adviser Edition . The Construction Manager shall not be responsible for actions taken by the Architect. § 2.4 The Construction Manager shall identifY a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 2.5 Except with the Owner 's knowledge and consent, the Construction Manager shall not engage in any activity, or accept any employment , interest or contribution that would reasonably appear to compromise the Construction Manager's judgment with respect to this Project . § 2.6 The Construction Manager shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimbw-se the Construction Manager for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than One Million Dollars and Zero Cents($ I ,000,000.00 ) for each occurrence and in the aggregate for bodily injury and property damage . § 2.6 .2 Automobile Liability covering owned and rented vehicles operated by the Construction Manager with policy limits of not less than One Million Dollars and Zero Cents($ 1,000,000.00) combined single limit and aggregate for bodily injury and property damage. § 2.6.3 The Construction Manager may use umbrella or excess liability insurance to achieve the required coverage for Comprehensive General Liability and Automobile Liability, provided that such umbrella or excess insu rance results in the same type of coverage as required for the individual policies . § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy limit of not less than Five Hundred Thousand Dollars and Zero Cents($ 500 ,000.00 ). § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its performance of services with policy limits of not less than Ten Million Dollars and Zero Cents($ 10,000,000 .00) per claim and in the aggregate. § 2.6.6 The Construction Manager shall provide to the Owner certificates of insurance evidencing compliance with the requirements in this Section 2.6. ARTICLE 3 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES § 3.1 Definition The Construction Manager 's Basic Services consist of those described in Sections 3.2 and 3.3 and include usual and customary construction coordination and scheduling , constructability review, cost estimating , and allocation of construction activities among the Multiple Prime Contractors. § 3.2 Preconstruction Phase § 3.2.1 The Construction Manager shall review the program furnished by the Owner and any evaluation of the Own er 's program provided by the Architect, to ascertain the requirements of the Projec t and shall arr ive at a mutual understanding of such requirements with the Owner and Architect. § 3.2 .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. § 3.2.3 The Construction Manager shall prepare, and deliver to the Owner, a written Construction Management Plan that includes, at a minimum , the following: (1) preliminary evaluations required in Section 3.2 .2, (2) a Project schedule, (3) cost estimates , ( 4) recommendations for Project delivery method , and ( 5) Contractors' scopes of Work, if AlA Document C132TM-.2009 ~rmerly 8801 TMCMa -1992). Copyrighl © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S . Copyright Law and International Treaties. Unauthorized reproduction or distributi on of S this AlA"' Document, or any portion of it , may resu lt in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No .8871094906_1 which expires on 12131/2014, and is not for resale . User Notes: (946483554) I nit. multipl e Contractors or fast-track construction will be used . The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates ofthe Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architeet's review and Owner's approval. If the Architect suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems and may also provide its own suggestions. § 3.2.5 The Construction Manager shall expeditiously review design documents during their development and advise the Owner and Architect on proposed site use and improvements, selection of materials, and building systems and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect on constructability, availability of materials and labor, sequencing for phased construction, time requirements for procurement, installation and construction, 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 . § 3.2.6 The Construction Manager shall prepare and periodically update the Project schedule included in the Construction Management Plan for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion ofthe Project schedule relating to the performance ofthe 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 highlight items that could affect the Project's timely completion. § 3.2.7 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, estimates ofthe Cost ofthe Work of increasing detail and refinement. The Construction Manager shall include appropriate contingencies for design, bidding or negotiating, price escalation, and market conditions in the estimates of the Cost of the Work. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Cost of the Work may exceed the Owner's budget and make recommendations for corrective action. § 3.2.8 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 whenever the Construction Manager determines that design details adversely affect constructability, cost or schedules. § 3.2.9 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. § 3.2.10 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. § 3.2.11 The Construction Manager shall provide recommendations to the Owner on the division of the Project into individual Contracts for the construction of various categories of Work, including the method to be used for selecting Contractors and awarding Contracts . If multiple Contracts are to be awarded, the Construction Manager shall review the Drawings and Specifications and make recommendations as required to provide that (1) the Work ofthe Contractors is coordinated, (2) all requirements for the Project are assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes is minimized, and (4) proper coordination is provided for phased construction. § 3.2.12 The Construction Manager shall update the Project schedule to include the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products, including those that must be ordered well in advance of construction, and the occupancy requirements of the Owner. AlA Document C132'M -2009 !!ormerly 8801'MCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects . All rights reserved. WARN ING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction o r distributio n of 6 this AlA"' Document, or any porti on of it, may result In severe civil and crimina l penalties, and will be prosecuted to t he maximum extent possible under the law. Th is document was produced by AlA software at 12 :03 :25 on 01 /28/2014 under Order No.8871094906_1 which expires on 12131/2014, and is not for resale . User Notes: (946483554) I nit. § 3.2.13 The Construction Manager shall expedite and coordinate the ordering and delivery of materials, including those that must be ordered well in advance of construction. § 3.2.14 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. § 3.2.15 The Construction Manager shall provide an analysis of the types and quantities oflabor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects oflabor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements tor equal employment opportunity programs, and other programs as may be required by governmental and for quasi governmental authorities for inclusion in the Contract Documents. § 3.2.17 Following the Owner's approval of the Drawings and Specifications, the Construction Manager shall update and submit the latest estimate of the Cost of the Work and the Project schedule for the Architect's review and the Owner's approval. § 3.2.18 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. § 3.2.19 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct pre-bid conferences with prospective bidders. The Construction Manager shall issue the cw ·rent Project schedule with each set of bidding documents. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. § 3.2.20 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. § 3.2.21 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Multiple Prime Contractors. The Owner will review and approve contracts consistent with the Owner's approval process. § 3.2.22 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Multiple Prime Contractors. The Construction Manager shall verifY that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. § 3.2.22 The Construction Manager shall assist the Owner in evaluating scopes of work and logistics of the MN ANG Readiness Center that is being completed by the National Guard and attached to the City of Stillwater Fire Station . This work may include, but not be limited to, the following: I . Estimates and economies of scale of attaching the Fire Station and MN ANG Readiness Center. 2 . Scheduling logistics of tying the two facilities together. 3. Assist in life cycle of analysis of different system as it relates to the two facilities. 4. Attending design meetings for the MN ANG Readiness Center, as well as Fire Station. 5 . Assist in City Council and public communications . § 3.3 Construction Phase Administration of the Construction Contract § 3.3.1 Subject to Section 4.3, the Construction Manager's responsibility to provide Construction Phase Services commences with the award of the initial Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.3.2 The Construction Manager shall provide a staffing plan to include one or more representatives who shaH be in attendance at the Project site whenever the Work is being performed. AlA Document C132'M -2009 ~ormerly 8801 TMCMa-1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved . WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of 7 this AlA® Document, or any portion of It, may result In severe civil and crimina l penalties, and will be prosecuted to the maximum extent possible unde r the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No.8871094906_1 which expires on 12131/2014, and is not for resale . User Notes: (946483554) I nit. § 3.3.3 The Construction Manager shall provide on-site administration of the Contracts for Construction in cooperation with the Architect as set forth below and in AlA Document A232™-2009, General Conditions ofthe Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AlA Document A232-2009, those modifications shall not affect the Construction Manager's services under this Agreement unless the Owner and the Construction Manager amend this Agreement. § 3.3.4 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Multiple Prime Contractors with each other and with those of the Construction Manager, the Owner and the Architect. The Construction Manager shall coordinate the activities of the Multiple Prime Contractors in accordance with the latest approved Project schedule and the Contract Documents. § 3.3.5 Utilizing the construction schedules provided by the Multiple Prime Contractors, the Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Multiple Prime Contractors on the Project, including activity sequences and durations, allocation oflabor and materials , processing of Shop Drawings, Product Data and Samples, and delivery and procurement of products, including those that must be ordered well in advance of construction. The Project schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project schedule as required to show current conditions. If an update indicates that the previously approved Project schedule may not be met, the Construction Manager shall recommend corrective action, if any, to the Owner and Architect. § 3.3.6 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination , and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Multiple Prime Contractors. § 3.3.7 Utilizing information fi ·om the Multiple Prime Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Multiple Prime Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 3.3.8 The Construction Manager shall schedule all tests and inspections required by the Contract Documents or governmental authorities, and arrange for the delivery oftest and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance fi·om each of the Multiple Prime Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 3.3.10 The Construction Manager shall monitor and evaluate actual costs for activities in progress and estimates for uncompleted tasks and advise the Owner and Architect as to variances between actual and budgeted or estimated costs . lfthe Contractor is required to submit a Control Estimate, the Construction Manager shall meet with the Owner and Contractor to review the Control Estimate. The Construction Manager shall promptly notify the Contractor if there are any inconsistencies or inaccuracies in the information presented. The Construction Manager shall also report the Contractor's cost control information to the Owner. § 3.3.11 The Construction Manager shall develop cash flow reports and forecasts for the Project. § 3.3.12 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. § 3.3.12. 1 The Construction Manager shall develop and implement procedures for the review and processing of Applications for Payment by Multiple Prime Contractors for progress and fmal payments. § 3.3.12.2 Not more frequently than monthly, the Construction Manager shall review and certify the amounts due the respective Contractors as follows: , 1 Where there is only one Contractor responsible for performing the Work, the Construction Manager shall, within seven days after the Construction Manager receives the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager detennines is due the Contractor, and forward the Contractor's Application and Cet1ificate for Payment to the Architect. AlA DocumentC132'M-2009 ![ormerly B801'MCMa-1992). Copyright© 1973, 1960. 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of S this AlA® Document, or any portion of It, may result in severe civ il and crim i nal penalties, and w i ll be prosecuted to the maximum extent possible unde r the law. This document was produced by AlA software at 12 :03:25 on 01/26/2014 under Order No .6671094906_1 which expires on 12/31/2014, and is not for resale. User Notes: (946463554) I nit. .2 Wh ere there are Multiple Prime Contractors responsible for performing different portions of the Project , the Construction Manager shall, within seven days after the Construction Manager receives each Contractor's Applicat ion for Payment: (1) review the Applications and certifY the amount the Construction Manager determines is due each Contractor, (2) prepare a Summary of Contractors' Applications for Payment by summarizing information fi·om each Contractor's Application for Payment, (3) prepare a Project Application and Ce1iificate for Payment, ( 4) certifY the total amount the Construction Manager determines is due all Multiple Prime Contractors collectively, and (5) forward the Summary of Contractors ' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 3.3.12.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's evaluations of the Work and on the data comprising the Contractors ' Applications for Payment, that, to the best of the Construction Manager 's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations fi·om the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified . § 3.3.12.4 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager 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 for the Contractor's own Work, or procedures; (3) reviewed copies of requisitions received fi·om Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor 's right to payment; or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.3.13 The Construction Manager shall review the safety programs developed by each of the Multiple Prime Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors and for making recommendations to the Owner for any safety programs not included in the Work of the Multiple Prime Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractor, Multiple Prime Contractors, Subcontractors, agents or employees of the Contractors or Multiple Prime Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 3.3.14 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents and notifY the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notifY the Architect about the rejection. The failure of the Construction Manager to reject Work shall not constitute the acceptance ofthe Work. The Construction Manager shall record any rejection of Work in its daily log and include information regarding the rejected Work in its progress reports to the Architect and Owner pursuant to Section 3.3.20.1. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures . § 3.3.15 The Construction Manager shall advise and consult with the Owner and Architect during the performance of its Construction Phase Services . The Construction Manager shall have authority to act on behalfofthe Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over , charge of, or responsibility fo r the construction means, methods , techn iques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's rights and responsibilities under the Contract Documents . The Construction Manager shall not be responsible for a Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall be responsible to the Owner for the Construction Manager 's negli gent acts or omissions, but shall not have control over or charge of, and shall not be responsible for , acts or omissions of the Contractor or Multiple Prime AfA Document C132 1M -2009 ~fonnerly B801"'CMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects . All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 9 this AlA® Document, or any portion of it, may result In severe civil and criminal penalties , and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No .8871094906_1 which expires on 12/31/2014, and is notfor resale . User Notes: (946483554) I nit. Contractors, Subcontractors, or their agents or employees, or any other persons or any other persons or entities performing portions of the Work. § 3.3.16 The Construction Manager shall transmit to the Architect requests for interpretations and requests for information ofthe meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests tor changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives that incorporate the Architect's modifications to the Contract Documents. § 3.3.18 The Construction Manager shall assist the Initial Decision Maker in the review, evaluation and documentation of Claims, subject to Section 4.3.1.7. § 3.3.19 Utilizing the submittal schedules provided by each Contractor, the Construction Manager shall prepare, and revise as necessmy, a .Project submittal schedule incorporating information from the Owner, Owner's consultants, Owner's separate contractors and vendors, governmental agencies, and all other participants in the Project under the management of the Construction Manager. The Project submittal schedule and any revisions shall be submitted to the Architect tor approval. The Construction Manager shall promptly review all Shop Drawings, .Product Data, Samples and other submittals fi·om the Multiple Prime Contractors for compliance with the submittal requirements of the Contract, coordinate submittals with information contained in related documents, and transmit to the Architect those that the Construction Manager recommends for approval. The Construction Manager's actions shall be taken in accordance with the Project submittal schedule approved by the Architect, or in the absence of an approved Project submittal schedule, with such reasonable promptness as to cause no delay in the Work or in the activities of the Contractor, other Multiple Prime Contractors, the Owner, or the Architect. § 3.3.20 The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number ofworkers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. § 3.3.20.1 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 identified below: .1 Work completed for the period; .2 Project schedule status; .3 Submittal sched ule and status report, including a summary of remaining and outstanding submittals; .4 Request for information, Change Order, and Construction Change Directive status reports; .5 Tests and inspection reports; .6 Status report of nonconforming and rejected Work; .7 Daily Jogs; .8 Summruy of all Multiple Prime Contractors' Applications for Payment; .9 Cumulative total of the Cost of the Work to date including the Construction Manager's compensation and reimbursable expenses at the job site, if any; .10 Cash-flow and forecast reports; and .11 Any other items the Owner may require: § 3.3.20.2 In addition, for Projects constructed on the basis of the Cost of the Work, the Construction Manager shall include the following additional information in its progress reports: .1 Contractor's work force report; .2 Equipment utilization report; .3 Cost summary, comparing actual costs to updated cost estimates; ru1d .4 Any other items as the Owner may require: AlA Document C132'M-2009 !Jormerly B801'MCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of 10 this AlA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No .8871 094906_1 which expires on 12/3112014 , and is not for resale. User Notes: (946483554) I nit. § 3.3.21 Utilizing the documents provided by the Contractor, the Construction Manager shall maintain at the site one copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked cutTently to record all changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations oft he bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and the Contractor, and upon completion ofthe Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall atnnge for the delivery, storage, protection and security of Owner-purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Work . § 3.3.23 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractor's or Multiple Prime Contractors' final testing and statt-up of utilities, operational systems and equipment and observe any commissioning as the Contract Documents may require . § 3.3.24 When the Construction Manager considers each Contractor's Work or a designated p01tion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 3.3.25 When the Work or designated portion thereof is substantially complete, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Substantial Completion. The Construction Manager shall submit the executed Certificate to the Owner and Contractor. The Construction Manager shall coordinate the correction and completion of the Work . Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractor or Multiple Prime Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections . § 3.3.26 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Contractor or Multiple Prime Contractors: (I) certificates of insurance received from the Contractor or Multiple Prime Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release ofretainage or the making of final payment; (3) affidavits, receipts, releases and waivers ofliens or bonds indemnifYing the Owner against liens; and (4) any other documentation required of the Contractor under the Contract Documents, including warranties and similar submittals. § 3.3.27 The Construction Manager shall deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment and Project Certificate for Payment or fmal Application for Payment and final Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 3.3.28 Duties, responsibilities and limitations of authority ofthe Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner and Construction Manager. Consent shall not be unreasonably withheld. § 3.3.29 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Construction Manager shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Construction Manager shall provide the listed Additional Services only if specifically designated in the table below as the Construction Manager's responsibility, and the Owner shall compensate the Construction Manager as provided in Section 11.2. AlA Document C132'"' -2009 {tormer1y 8801 '"CMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AlA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No.8871094906_1 which expires on 12/31/2014, and is not for resale . User Notes: (946483554 ) I nit. (Designate the Additional Services the Constmction Manager shall provide in the second column ofthe table below. In the third column indicate whether the service description is located in Section 4. 2 or in an attached exhibit. !fin an exhibit, identifY the exh;bit.) Services Responsibility Location of Service Description (Construction Manager, (Section 4. 2 below or in an exhibit Owner or attached to this document and Not Provided) identified below) § 4.1.1 Measured drawings Owner § 4.1.2 Architectural interior design Owner (B252™-2007) § 4.1.3 Tenant-related services Owner § 4.1.4 Commissioning (B211 nc2007) Owner § 4.1.5 LEEDQll certification (B214™-2007) Owner (if required) § 4.1.6 Fumiture, furnishings, and equipment Owner design (B253™-2007) § 4.2 Insert a description of each Additional Service designated in Section 4.1, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except to the extent services are required due to the fault of the Construction Manager, any Additiona l Services provided in accordance with this Section 4.3 shall entitle the Construction Manager to compensation pursuant to Section 11.3. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Construction Manager shall notifY the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Construction Manager shall not proceed to provide the following services w1til the Construction Manager receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost ofthe Work, or procurement or delivery method, or bid packages in addition to those listed in Section 1.1.6; .2 Services necessitated by the enactment or revision of codes, laws or regulations or official interpretations after the date of this Agreement; .3 Preparation of documentation for alternate bid or proposal requests proposed by the Owner; .4 Preparation for , and attendance at, a public presentation, meeting or hearing; .5 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Construction Manager is party thereto; .6 Providing consultation concerning replacement ofWork resulting from fire or other cause during construction and furnishing services required in connection with the replacement of such Work; .7 Assistance to the Initial Decision Maker, if other than the Architect; or .8 Service as the Initial Decision Maker. § 4.3.2 To avoid delay in the Construction Phase, the Construction Manager shall provide the following Additional Services, notifY the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts ofthose services are not required, the Owner shall give prompt written notice to the Construction Manager, and (i) the Owner shall compensate the Construction Manager for those services performed prior to the Construction Manager's receipt ofthe Owner's written notice; and (ii) the Owner shall have no further obligation to compensate the Construction Manager for those services and the Construction Manager shall have no futther obligation to the Owner to perform those services: .1 Services in evaluating an extensive number of Claims submitted by a Contractor or others in connection with the Work when the Architect is serving as the Initial Decision Maker. AlA Document C132'M -2009 lf0rmerty 8801 'MCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AlA"' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/28/2014 under Order No .8871094906_1 which expires on 12131/2014 , and is not for resale. User Notes: (946483554) I nit. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (I) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion , identified in Initial Information, whichever is earlier . . 3 Services required in an emergency to coordinate the activities of a Contractor or Multiple Prime Contractors in the event of risk of personal injury or serious property damage, consistent with Section 3.3 .]3 . § 4.3.3 If the services covered by this Agreement have not been completed within sixteen ( 16) months of the date of this Agreement , through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for Lmder this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including the Owner's program, other objectives, schedule, constraints and criteria, special equipment, systems, and site requirements. Within 15 days after receipt of a written request fi·om the Constmction Manager, the Owner shall furnish the requested information as necessary and relevant tor the Construction Manager to evaluate, give notice of, or enforce any lien rights, if any. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (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 the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.3 The Owner acknowledges that accelerated, phased or fast-track scheduling provides a benefit, but also carries with it the risk of additional costs. If the Owner selects accelerated, phased or fast-track scheduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover such costs. § 5.4 The Owner shall retain an Architect to provide services, duties and responsibilities as described in AlA Document BJ32-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition. The Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and Architect, and any further modifications to the agreement. § 5.5 The Owner shaH identifY a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shaH render decisions pertaining to documents the Construction Manager submits in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. § 5.6 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site ofthe 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 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, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.7 Unless otherwise required by this Agreement to be provided by the Construction Manager, the Owner shall fi.Jrnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests , evaluations ofhazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Construction Manager. Upon the Construction Manager's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall finnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional AlA Document C132'M -2009 {fOrmerly 8801 rMcMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects . All rights reserved. WARNING: This AlA Document is protected by U.S . Copyright Law and International Treaties . Unauthorized reproduction or distribution of 13 this AlA® Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No .8871 094906_1 which expires on 12/31/2014, and is not for resale . User Notes: (946483554) I nit. Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Pr<~ject. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropiiate to the services provided. § 5.9 The Owner shall furnish tests, inspections and repmts required by Jaw or the Contract Documents, such as structural, mechanical , and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner 's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service or any tiwlt or defect in the Construction Manager's services. § 5.12 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notifY the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. § 5.13 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Construction Manager 's consultants through the Construction Manager about matters arising out of or relating to the Contract Documents. The Owner shall promptly notifY the Construction Manager of any direct communications that may affect the Construction Manager's services. § 5.14 Before executing the Contract for Construction, the Owner shall coordinate the Construction Manager's duties and responsibilities set forth in the Contract tor Construction with the Construction Manager's services set forth in this Agreement. The Owner shall provide the Construction Manager a copy of the executed agreements between the Owner and Contractors, including the General Conditions of the Contracts for Construction. § 5.15 The Owner shall provide the Construction Manager access to the Project site prior to commencement ofthe Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. § 5.16 The services, information and rep011s provided by the Owner pursuant to this Article 5 shall be provided at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include the contractors' general conditions costs, overhead and profit. The Cost of the Work includes the compensation of the Construction Manager and Construction Manager's Consultants during the Construction Phase only, including compensation for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, lights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2 and 6.4. Evaluations of the Owner's budget, preliminary estimates for the Cost of the Work and detailed estimates of the Cost of the Work prepared by the Construction Manager represent the Construction Manager's judgment as a person or entity familiar with the construction industry It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions . Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated AlA Document C132TM-2009 ~onnerty 8801 TMCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document is protected by U.S . Copyright Law and International Treaties . Unauthorized reproduction or distribution of 14 this AlA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at12:03:25 on 01/28/2014 under Order No.8871094906_1 which expires on 12/31/2014, and is not for resale. User Notes: (946483554) I nit. prices will not vary fi"om the budget proposed, established or approved by the Owner, or fi·om any cost estimate or evaluation prepared by the Construction Manager. § 6.3 Ifthe Architect is providing detailed cost estimating services as an Additional Service, and a discrepancy exists between the Construction Manager's cost estimates and the Architect's cost estimates, the Architect and the Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Construction Manager, in consultation with the Architect, shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Construction Manager and Architect in making such adjustments. § 6.5lfthe estimate ofthe Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Construction Manager and Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. ARTICLE 7 COPYRIGHTS AND LICENSES The Construction Manager and the Construction Manager's consultants, if any, shall not own or claim a copyright in the Instruments ofService. The Construction Manager, the Construction Manager's consultants, if any, and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting patty is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Construction Manager intend to transmit Instruments of Service or any other information or documentation in digital form , they shall endeavor to establish necessary protocols governing such transmissions. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Construction Manager shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion ofthe Work. The Owner and Construction Manager waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Construction Manager waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A232-2009, General Conditions of the Contract for Construction. The Owner or the Construction Manager, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Construction Manager shall indemnifY and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys ' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions ofthe Construction Manager, its employees and its consultants in the performance of professional services under this Agreement. The Construction Manager's duty to indemnifY the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Construction Manager and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequent ial damages due to either party's termination of this Agreement, except as specifically provided in Section 9 .7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien AlA Document C132rM -2009 Jto rmerty 8801 TMCMa -1992). Copyright© 1973. 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of 15 th is AlA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12 :03 :25 on 01/28/2014 under Order No.8871094906_1 which expires on 12/31/2014, and is not for resale. User Notes: (946483554) I nit. arising out of the Construction Manager's services, the Construction Manager may proceed in accordance with applicable law to comply with the lien notice or tiling deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Construction Manager shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction lndustry 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 Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of60 days fi ·om the date offiling, unless stayed for a longer period by agreement ofthe parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's tee 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. § 8.2.41fthe parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method ofbinding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Alanager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resohttion method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ X ] Arbitration pursuant to Section 8 .3 of this Agreement Litigation in a court of competent jurisdiction Other: (Specify) § 8.3 Arbitration § 8.3.11fthe parties have selected arbitration as the method for binding dispute resolution in this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration . § 8.3.1.1 A demand for arbitration shall be made no earlier than concw-rently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute oflimitations purposes , receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution oflegal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additio nal person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jw·isdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof § 8 .3.4 Consolidation or Joinder § 8 .3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration AlA Document C132'M -2009 trormerly 8801 rMCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may re s ult i n severe civil and criminal penalties , and will be prosecuted t o the max i mum extent possible under 16 the law. This document was produced by AlA software at 12:03 :25 on 01/28/2014 under Order No .8871094906_1 which expires on 12/31/2014. and is not for resale . User Notes: (946483554) I nit. permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3 .4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question oflaw or fact whose presence is required if complete reliefis to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Construction Manager grant to any person or entity made a party to an arbitration conducted under this Section 8.3 , whether by joinder or consolidation, the same rights ofjoinder and consolidation as the Owner and Construction Manager under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Construction Manager in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Construction Manager's option, cause tor suspension of performance of services under this Agreement. If the Construction Manager elects to suspend services, the Construction Manager shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Construction Manager shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 lfthe Owner suspends the Project, the Construction Manager shall be compensated for services performed prior to notice of such suspension . When the Project is resumed, the Construction Manager shall be compensated for expenses incutTed in the interruption and resumption of the Construction Manager's services. The Construction Manager's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Construction Manager, the Construction Manager may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager for the Owner's convenience and without cause. § 9.6 To the extent a termination by the Owner is not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Construction Manager's services and include expenses directly attributable to termination for which the Construction Manager is not otherwise compensated, plus an amount for the Construction Manager's anticipated profit on the value of the services not performed by the Construction Manager, as set forth below. § 9.7.11n the event of termination for the Owner's convenience prior to commencement of construction, the Construction Manager shall be entitled to receive payment for services performed, costs incuned by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the ?reconstruction Phase. § 9.7.2 In the event of termination for the Owner's convenience after commencement of construction, the Construction Manager shall be entitled to receive payment for services performed and costs incurred by reason of such termination, along with reasonable overhead and profit on services not completed during the Construction Phase. AlA Document C132™-2009 !,fo rmerfy B801™CMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 17 this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12:03:25 on 01/2812014 under Order No .8871094906_1 which expires on 1213112014, and is not for resale. User Notes: (946483554) I nit. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AlA Document A232-2009, General Conditions of the Contract for Construction, except for purposes of this Agreement, the term "Work" shall include the work of all Contractors under the administration of the Construction Manager. § 10.3 The Owner and Construction Manager, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Construction Manager shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner 's rights and obligations under this Agreement. § 10.4 If the Owner requests the Construction Manager to execute certificates, the proposed language of such certiticates shall be submitted to the Construction Manager for review at least 14 days prior to the requested dates of execution. If the Owner requests the Construction Manager to execute consents reasonably required to facilitate assignment to a lender, the Construction Manager shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Construction Manager for review at least 14 days prior to execution. The Construction Manager shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. § 10.6 Unless otherwise required in this Agreement, the Construction Manager shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Construction Manager shall have the right to include photographic or artistic representations of the design of the Project among the Construction Manager's promotional and professional materials. The Construction Manager shall be given reasonable access to the completed Project to make such representations. However, the Construction Manager's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Construction Manager in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Construction Manager in the Owner's promotional materials for the Project. § 10.8 If the Construction Manager or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to the extent required by applicable law or except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Construction Manager's Basic Services described under Article 3 , the Owner shall compensate the Construction Manager as follows : Two percent (2.0%) of Construction Cost. See Exhibit A for further detail of services . See Exhibit A for additional information. § 11.1 .1 For Preconstruction Phase Services in Section 3.2: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) Zero percent (0.0%). § 11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of, or basis for, compensation, including stipulated sums, multiples or percentages.) AlA Document C132'M -2009 !formerly 8801 rMcMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reprod1.1ction or distribution of 18 this AlA"' Document, or any portion of it, may res1.1lt in severe civil and criminal penalties, and will be prosec1.1ted to the maxim1.1m extent possible 1.1nder the taw . This document was produced by AlA software at 12 :03 :25 on 01128/2014 under Order No .8871094906_1 which expi res on 12/31/2014, and is not for resale. User Notes: {946483554) I nit. On-site Superintendent and Project Management to be budgeted as needed during the construction phase only and reimbursed in accordance with paragraph 3.3. § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation Jfnecessm~v. list specific services to which particular methods of compensation apply.) § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation.) § 11.4 Compensation tor Additional Services of the Construction Manager's consultants when not included in Sections 11.2 or 11.3, shall be the amount invoiced to the Construction Manager plus two percent ( 2.0 %), or as otherwise stated below: § 11.5 The hourly billing rates for services of the Construction Manager and the Construction Manager's consultants, if any, are set forth below . The rates shall be adjusted in accordance with the Construction Manager's and Construction Manager's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) See Exhibit B attached. Employee or Category Rate ($0.00) § 11.6 Compensation for Reimbursable Expenses § 11.6.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and the Construction Manager's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Professional photography, and presentation materials requested by the Owner; .8 Construction Manager's consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Construction Manager's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures . . 12 Temporary heat, barricades, trucking, clean-up, signage, misc. tools and equipment. § 11.6.2 For Reimbursable Expenses the compensation shall be the expenses incw-red by the Construction Manager and the Construction Manager's consultants plus two percent ( 2.0 %) of the expenses incurred. AlA Document C132"'-2009 ~formerly 8801 1MCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document Is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of 19 this AlA® Document, or any porti on of i t , may result In severe civil and crimi nal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12 :03 :25 on 01/28/2014 under Order No .8871094906_1 which expires on 12131/2014, and is not for resale. User Notes: (946483554) I nit. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of zero($ 0.00) shall be made upon execution ofthis Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.7.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Construction Manager's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing tl·om time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) The local rate of interest as set forth by Minnesota Statute 549.09. § 11.7.3 The Owner shall not withhold amounts ti·om the Construction Manager's compensation to impose a penalty or liquidated damages on the Construction Manager, or to offset sums requested by or paid to Contractors for the cost of changes in the Work unless the Construction Manager agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.7.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: N /A ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 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. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document Cl32™-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AlA Document E201 ™-2007, Digital Data Protocol Exhibit, if completed, or the following: .3 AIA Document E202™-2008, Building Information Modeling Protocol Exhibit, if completed, or the following: .4 Other documents: (List other documents, if any, including additional scopes of service forming part of the Agreement.) AlA Document C1327M-2009 ~formerly BSOFMCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : Th is AlA Document is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or d i stribution of 20 th is AlA"' Document, or any portion of It , may result In severe c ivil and cri minal penalties, and will be prosecuted to the maxi mum extent possi ble under the law. This document was produced by AlA software at 12 :03 :25 on 01/28/2014 under Order No.8871094906_1 which expires on 12131/2014, and is not for resale. User Notes: (946483554) I nit. This Agreement is entered into as of the day and year tirst written above. City of Stillwater Kraus-Anderson® Construction Company OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) AlA Document C132'M-2009 trormerly 8801'MCMa -1992). Copyright© 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING : This AlA Document is protected by U.S . Copyright Law and International Treaties . Unauthorized reproduction or distribution of 21 this AlA® Document, or any portion of It, may result in severe civil and criminal penalti es, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 12 :03:25 on 01/2812014 under Order No .8871094906_1 which expires on 12131/2014, and is not for resale. User Notes: (946483554) ~ KRAUS-ANDERSON . Q!l CONSTRUCTION COM PA N Y April 24, 20 12 Fire Chief Stuart Glaser 216 4th Street N Stillwater, MN 55082 Dear Fire Chief Glaser: Exhibit #A Innova tiv e Con struction Solutions 8625 Rendova Street NE P .O . Box 158 Circle Pines, MN 55014 0 763.786 .7711 F 763 .786 .2650 www.krausanders on .com I wanted to thank you for the opportunity to discuss your upcoming fire station project and the potential of Kraus-Anderson Construction Company becoming a strong team member in your construction project. The following is some additional information on Kraus-Anderson Construction Company and how we can help the City of Stillwater and your staff achieve a successful building project from inception through completion and beyond. EXPERIENCE Kraus-Anderson has a proven track record of achieving the highest standards of performance in terms of environmental responsibility and innovation in construction. We have been at the forefront in construction and building practices, policies, and standards. Through our extensive experience and history in similar structures, Kraus-Anderson has become a leader in assisting cities in project planning efforts. In fact, Kraus-Anderson is currently recognized by Building Design and Construction as 10th nationally in Construction Management. As you can see by the information we have already given _you, Kraus-Anderson is well versed in fire station construction. We are familiar with complex projects along with vast experience in working with multiple government entities. PRE-FUNDING COST STUDY PHASE Kraus-Anderson will assist the City of Stillwater in defining and evaluating the project budget and scope. Kraus-Anderson has proven performance in assisting cities in this study phase. Those efforts include assisting committees in their planning efforts, detailed facility review, budgeting, life cycle analysis, cost forecasting, mechanical and electrical review, along with many other activities to help strive for a successful project. We typically provide these services at no cost. This is assuming Kraus-Anderson being hired by the City of Stillwater as their construction manager for the new fire station. If Kraus-Anderson was not hired as construction manager for the construction project we would request payment of $17,ooo for preconstruction services. DESIGN PHASE As a strong team member, Kraus-Anderson will begin by providing a thorough review and evaluation of your building requirements. We will assist the architect in planning by Affirmative Action I Eaual Emolovment Opportunity Employer providing conceptual cost estimates, a milestone schedule, and constructability analysis of all major building systems and components. Kraus-Anderson understands the complexity offire station projects and the need for sequencing and phasing of projects similar to yours. We have extensive experience working in partnerships between government agencies to assure a strong flow of communications, negotiations, and understanding of the project requirements. BID PHASE Kraus-Anderson will competitively bid all categories of the work, review bids with the city, and accept the bids of the lowest qualified bidders. Our bid process encourages opportunities for either local or owner preferred contractors to become involved in the bidding process. CONSTRUCTION PHASE /SITE SERVICES Our construction management approach will provide a seamless delivery from start to finish. Our project superintendents, project assistants, and project managers have documented responsibilities to ensure that your project is professionally represented. As part of our construction service, we will monitor owner costs and construction dollars spent each month to assure that the payment applications and invoices generated do not exceed the work completed to date. Kraus-Anderson will work closely with the City of Stillwater and your Architect to promote strong communication throughout the entire construction process. Cost for on-site Service (supervision and management) will vary depending on final project scope and duration. These cost will be only be billed for actual costs incurred. 10o% of all savings will be returned to the owner. Please note, these services are not an added cost to the project but consistent and required expenditures with whoever is going to management the project. PROJECT CLOSE OUT I COMMISSIONING As construction manager, we have developed a method of establishing expectations, and getting an early start on the close out process, that has proven to be highly effective. As-built drawings, operations and maintenance manuals, and other close out documents will be provided promptly and in an organized manner. FEE STRUCTURE Fee for a project this size would be approximately z%. Please note, we will lump sum our fee with no mark-up on change orders. Kraus-Anderson will be an extension of your staff looking out for the City of Stillwater's best interest. Again, I would like to thank you for the opportunity to present company information and would be excited to put our experience, resources, and marketplace relationships to work in delivering a value-driven construction project for you! If you should have any questions or need further information, please feel free to contact me at (612) 747-6258. Very truly yours, KRAUS-ANDERSON® CONSTRUCTION COMPANY '· ~ KRAUS-ANDERSON ® ~®CONSTRUCTION COMPANY John Huenink Vice President Affirmative Action I Eaual Emolovment Oooortunitv Emolover Innovative Construction Solutions 8625 Rendov a Street NE P .O. Box 158 Circle Pines , MN 550 14 0 763 .786 .7711 F 763 .786.265 0 www .krausanderson .com .. . ' EXHIBIT 8 2014 CONTRACT BILLING RATES Project DirectorsNice Presidents 'senior Project Managers ___ Project Managers Field Engineers/Asst. Project Managers General Superintendents Field Superintendents Safety Director Safety Engineer Quality Director MEP Specia li st VDC /BIM Clerical & Accounting NEW FIRE STATION STILLWATER, MN Hourly Rate $140 $110 $100 $76 $105 $95 $100 $90 $100 $100 $90 $45 EXHIBIT B Page 1 of 1 Summary of Proceedings Washington County Board of Commissioners February 11, 2014 Present were Commissioners Fran Miron, District 1; Ted Bearth, District 2; Gary Kriesel, District 3; Autumn Lehrke, District 4; and Lisa Weik, District 5. Absent none. Board Chair Lehrke presided. General Administration Approval ofthe following actions: -February 4, 2014 Board meeting minutes; -Revised funding guidelines for the Land and Water Legacy Program; -Resolution No. 2014-015, support legislation allowing local governments to designate their website to publish public notices; -The Board viewed the new county video, showcasing county departments, programs and services; -Board correspondence was received and placed on file; -Executive Session held to review the landowner's counter to the county's proposal to purchase interests in land owned by the Thomas E. and Edna D. Carpenter Foundation located in Denmark Township. Information Technology Approval ofthe following actions: -Data/voice cabling contract with Network Design, Inc. for the period of February 1, 2014 , through January 31, 2015; -Contract with Elert and Associates to perform professional design and construction administration services for a project that will address the replacement of the jail security and closed circuit television systems. A complete text of the Official Proceedings of the Washington County Board of Commissioners is available for public inspection at the Office of Administration, Washington County Government Center, 14949 62nd Street N., Stillwater, Minnesota.