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Home My WebLink About2018-02-20 CC Agenda PacketThe Birthplace of Minnesota REGULAR MEETING I. CALL TO ORDER IL ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the January 30, 2018 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Request for consideration of "No Wake Zone" - Bill Buth & John Koch VL 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. NDA 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING FEBRUARY 20, 2018 7:00 P.M. VII. STAFF REPORTS 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator - Change of meeting date VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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. 11. Resolution 2018-025, directing payment of bills 12. Possible approval of sanitary sewer adjustments 13. Resolution 2018-026, approval of 2018 event and contract for Farmers Market 14. Resolution 2018-027, resolution amending Resolution 2018-022, 2018 Fee Schedule 15. Resolution 2018-028, approving the 2018 retainer adjustment for the City Attorney 16. Resolution 2018-029, approving the transfer of On -sale and Sunday Liquor Licenses to MAV Hospitality LLC, DBA: Pearl & The Thief (formerly Pub 112) 17. Resolution 2018-030, approval of Contract with Kraus -Anderson for Construction Management and Design for St. Croix Recreation Center project 18. Possible approval to replace the Storage Area Network (SAN) - MIS IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. CPC Case No. 2017-62. This is the date and time for a public hearing to consider a request by Brown's Creek West LLC, property owner, for the consideration of a CUP and Variances to build a new residential condominium at the property located at 107 Third St N in the CBD district. PID 2803020420059, 2803020420060, 2803020420061, 2803020420169. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (tabled from January 16, 2018 meeting) (Resolution - Roll Call) X. UNFINISHED BUSINESS 20. Possible approval of second reading of Ordinance 1103, an ordinance amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by rezoning approximately fifteen acres to RB, Two -Family Residential - Heifort PUD Phase II- (Case 2017-67) 21. Possible approval of second reading of Ordinance 1102, an Ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non -Residential Districts - 1815 Greeley Street S (Case 2017-68) XI. NEW BUSINESS 22. Possible ordering preparation of feasibility report for the 3rd Street South project (Resolution - Roll Call) 23. Possible approval of contract for lobbyist services (Resolution - Roll Call) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 24. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) 4/16/2018 What is our Goal Provide safe access for boaters to Visit 1 4/16/2018 St. Croix River Cities Hudson • Protected by a no -wake zone • Expansive Anchoring and beaching opportunities • Many boats anchor in this area each weekend • Dinghy/tenders for shore excursions Multiple Access Points for Boaters Public Docking Seawall tie -off Beaching The major river destination for boaters wanting to stop for lunch and dinner St. Croix River Cities Afton • Protected by a no -wake zone Anchoring and beaching opportunities • Many boats beach in this area each weekend • St. Croix Yacht Club at Catfish Bar • Dinghy/tenders for shore excursions Access point for boaters • Public Docking Safe no -wake access for boaters to stop for lunch and dinner ESOTA N GTO N alp NTY 2 4/16/2018 St. Croix River Cities Prescott • Protected by a no -wake zone • Expansive Anchoring area • Many boats anchor in this area each weekend • Dinghy/tenders for shore excursions • Access Point for Boaters • Public Docking St. Croix River Cities Stillwater Unprotected by a no -wake zone • Boats subject to large wakes and potential damage Anchoring opportunities • Limited boats anchor in this area each weekend • Dinghy/tenders for shore excursions Access Points for Boaters • Public Docking • Access via large commercial steel docks • Seawall tie -off dangerous Common boating concerns • "I don't want to boat all the way to Stillwater for Lunch or dinner as there are no protected areas to dock or anchor out" WISCONS.IN ST. CROIx couMTf 3 4/16/2018 St. Croix River Cities Current No -Wake Zones St. Croix River Cities Current No -Wake Zones 4 4/16/2018 St. Croix River Lities Current No -Wake Zones 5 ARTSPOKE rediscovering the wheel June 18-22 and July 9-13, 2018 ArtSpoke, a community based kids program that cultivates the discovery and mindful expression of the power of our story. ArtSpoke is a five day adventure geared for kids age 5 to 11 (of all abilities). ArtSpoke aims to create a self-perpetuating environment of discovery that is open and receptive to all individuals. It is a safe place to express ideas and talents, both artistically and with generous hospitality. As we move through this five day journey with our crew, we are encouraged to be mindful, build relationships, and encounter diverse vocations as we focus on one project each day. Foundational to ArtSpoke is illuminating the artistry within each of us and the discovery of the power of your story. ARTSPOKE rediscovering the wheel Our model of a healthy environment • The importance of one's own story and its implication within a community. • A culture of authentic engagement, imagination, and discovery. • Youth leadership and mentorship • Positive peer pressure • Practical learning of life skills • Achievement & Celebrations What we experience • The importance of one another's stories. • Healthy living habits and good nutrition. • Team work • Life and vocational skills (discovery and accomplishment) • Managing graffiti and the need for self expression • Each person's value and importance in a community, even if you're five. • How to overcome attention difficulties and deficits. • The difference between internal vs. external stimulus ARTSPOKE rediscovering the wheel Community Benefits • Community dynamics are lived out through the structure of the program. • Inter -generational relationships are formed, which last a life time. • Respect is given and therefore earned. • A genuine sense of community is developed and sustained. • Barriers are broken down between age, race, religion, and socioeconomic status. ARTSPOKE rediscovering the wheel Grab a hammer, become a chef, capture life with a camera & rediscover the wheel... How it works • A five day kids program for age 5 to 11. • Based on 40 children attending. • Participants will be placed into four crews of ten kids by age (developmental, as well as chronological age will be considered). • 4 projects (Monday -Thursday) • Day 5 (Friday) is a day of celebration where family and community members are invited to celebrate the accomplishments of the week. • One group completes one project each day, and each group rotates through all four projects. ARTSPOKE rediscovering the wheel Daily Schedule 9am Doors Open 9-9:30 Total Crew Time 9:30-10:00 Snack/Crew Meeting with Artists 10:10-12:00 Project Time 12:10-1:00 Lunch 1-2:30 Project 2:35-2:55 Snack 3-4:00 Project wrap-up, Clean-up etc. ARTSPOKE rediscovering the wheel The Four Projects The Playhouse What do you get when you take a child, a hammer, a nail or two, and expertise? BAM! A full-sized play house! • An Artist in Residence will offer guidance and work with each crew to build a full-sized playhouse. • Before ArtSpoke even opens its doors, the playhouses are designed and signed off by an architect and engineer in order to comply with safety standards. • The playhouses will be donated to local education centers, playgrounds, and schools on day five of the program. ARTSPOKE rediscovering the wheel Photography Lights, Camera, Action! Strike a pose! Take a selfie! Take a moment...be mindful and show gratitude. • Artist in Residence join ArtSpoke on a walking field trip where they will take photos of how they see life in their community. • Each crew then prepares a slideshow and will share their creative expressions with friends, family, and the community on day five. ARTSPOKE rediscovering the wheel Steampunk Art What do spark plugs, computer parts, radios, TV's, nuts and bolts, and gears and such have to do with ART? Everything! • Artist in Residence will join ArtSpoke to create a piece of art using everyday 'junk'. • Crews will be given themes such as bravery and courage in order to inspire their works. • On day five, we will have a Steampunk art parade. Marina's Cafe Stir, mix, blend, and... Sha bang! Move over Junior Master Chef! • Artist in Residence will work with each crew to coordinate, make, and serve snack and lunch to everyone attending ArtSpoke. • Each crew will also add their culinary creations to a recipe book of meals they can make at home. • On day five, the staff will make lunch for those in attendance of the day's celebrations. ARTSPOKE rediscovering the wheel The Board of Directors Cader Howard: Senior Pastor Cindy Monteith: Executive Director (BB) Hadley Wuertz: Program Director Dr. Thom Davis: Treasurer Nancy Stalland: Secretary Dr. Diane Dahl: Project Coordinator Tara King: Project Coordinator Kate Bachman: Community Liaison Support Staff • Registered Nurse and/or an EMT (onsite daily) • Special Needs Facilitator (onsite daily) Artists in Residence Professionals from the community with an expertise in the project they are overseeing. They bring a myriad of vocational skills and outlets to ArtSpoke. Crew Captains Individuals aged 16 to 116 that guide a crew, build relationships and offer authentic engagement. (2 for each crew) Captains in Training (C.I.T.'s) While the captains are engaging and leading the crew, captains in training are the ultimate assistants and provide a level of energetic leadership. (2 for each crew) ARTSPOKE rediscovering the wheel Important Dates • Captain and C.I.T.'s registration by Nov. 30, 2017 • ArtSpoke.org will be up and running Nov. 19 • Registration Opens to the public Dec. 1, 2017 • A day of ArtSpoke co -sponsored by CYF & Faith Formation Teams on April 15, 2018 • Camp Dates: June 18-22 & July 9-13, 2018 Captain & C.I.T. Training • 2 Sundays a month from January through March • 3 Sundays a month from April to June • Starting January 14 from 5:30-7:30pm ARTSPOKE rediscovering the wheel Budget Income (per week): 40 children @ $250 per child = $10,000 Expenses: Play Houses (x4) $4800 Photography $2000 Steampunk Art $500 Marina's Cafe $2500 Incidentals $300 Total (before sponsorship) $10,100 Sponsors to Date Architectural Design Donors: Ann Hauer Timothy Old Kelly Davis Construction Coordinator: Randy Moses (carpenter) Business Sponsorship: Daily Grind ARTSPOKE rediscovering the wheel ArtSpoke is an experience offered to the larger Stillwater community by the First Presbyterian Church of Stillwater. Although affiliated with FPC, ArtSpoke does not promote any religious or political affiliation. It is an experience open to all. RESOLUTION 2018-025 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 $1,213,635.61 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 20th day of February, 2018. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk EXHIBIT ^A"TO RESOLUTION #2018-025 Page LIST OF BILLS Acce|a|nc Ace Hardware Advance Auto Parts Advanta8eHea/thCorp AmanoMcGann Inc American Planning Association AncomCommunication Inc. Animal Humane Society Aspen Mills Board ofWater Commissioner Board ofWater Commissioner Boyer Trucks Burks Tree and Landscape [are Business Data Record Services Campion Barrow &Associates CDVVGovernment Inc. Century College Century Power Equipment City ofWoodbury Cole Papers Comcast CnStarRealty Information Inc Countryside Repairs Coverall ufthe Twin Cities Cub Foods ECM Publishers ECS|5ystem Integrators Emergency Automotive Emergency Response Solutions England Alex Enterprise FW1Trust Fastena|[nmpany FedEx F|eetPride Force America Fraley Thomas FrontiorAQ &Turf G&KServices Ga||agonDeanna GriQ|ak Gateway Cycle Goodyear Commercial Tire Ha8stromTerry He|kesTree Service Henricksen PSG HoisingtonKoe8|erGroup Inc Holiday Companies /APE Monthly U8web payments Supplies Equipment repair supplies Wellness screenings Tickets Membership Antenna Pound charges 4thqtr Uniforms Payable 2O17VVBAssess Principal &Interest VVACChor8es Equipment repair supplies Tree Care Document destruction services Post offer testing Access points Training course Equipment repair supplies 2O18SWAT participation Janitorial supplies Internet Property professional Vehicle service Commercial cleaning services Coffee Publications Fire alarm monitoring Equipment repair supplies Fire face masks Reimburse for Notary Public Commission Lease vehicles Equipment repair supplies Shipping Equipment repair supplies Equipment repair supplies Tools Equipment repair supplies Mats & Uniforms Utility Refund Bike tune ups Tires Reimburse for work boots Clear trees Wall repair Professional services Vehicle washes Training 635.85 116.53 418.75 1,659.50 612.00 294.00 93.25 1,483.00 2,085.90 10,362.86 125,334.00 33.7E 2,067.00 100.00 415.00 S'51DJO 790.00 1.88 4,463.50 182,01 175.35 376.83 94.57 540.00 21.98 300.39 1,125.00 104.85 1,350.52 20.00 3,723.32 306.62 11.76 106.16 587.31 346.95 1,967.74 1,000.59 105.73 222.06 965.78 160.00 7,000.00 350.00 3,645.20 330.00 EXHIBIT ^A"TQRESOLUTION #2018'O25 International Code Council Jefferson Fire and Safety Inc. KathCumpaniey League ufK4NCities Little Falls Machine Inc. Loff|er[umpanies Lynn PeavyCompany K4acOueenEquipment Inc. Madden GdanterHansen LLP Mansfield Oil Company Marshall Electric Company Menunds Metropolitan Council Metropolitan Council Middle St Croix Watershed VVMD K8NCounty Attorneys Assoc. MN State Fire Chiefs Assn Modern Heating &Air [WPNex|eve|LLC yWPFF K8PSTKAA Municipal Emergency Services K8unicode NAPA Auto Parts NEOPOST USA Inc. Office Depot OnSite Sanitation O'Reilly Auto Parts Performance Plus LL[ Powell Robert Pro-TecDesiOn Public Agency Training Council Regency Office Products LL[ RehnCode Consulting Services Robo|eDonna Safari|andTroining Group Schvvaab|nc Shi|tsCindy SignationSign Group Simp|ifi)eLC 3irchieFinger Print Lab Inc. SRFConsulting Group Stillwater and Oak Park Heights [VB Stillwater Motor Company Stillwater Towing Summit Companies SW/WC Service Cooperatives T80|nc/CrvsteelManufacturing The Foundation Code Tools Tenaoairclef open drum Safety & loss control workshop Equipment repair supplies Equipment & IT Service Supplies Equipment repair supplies Labor Relations Services Fuel City Hall repairs due topower fail Supplies Wastewater Charge Monthly SAC Watershed Management payment Forfeiture forms Training registration Heater Locating Conference Spring Workshop Equipment and supplies Code Equipment repair supplies Ink cartridge Office supplies Portab|erestroom rental Equipment repair supplies Mask fit Reimburse for work boots Public Work security system Training Office supplies Plan review Reimburse for gift cards for Health Risk Assess Test kits Notary stamp Reimburse for tools Refund of design permit fee Recording fees Evidence tubes Downtown Plan Update Qtr|yLodging Tax Vehicle service Tow service Sprinkler inspection APCOBRA & Retiree Health Insurance Equipment repair supplies Mobility labor Page 2 418.00 193.81 180.00 20.00 493.52 36,668.40 180.95 541.13 181.30 10,018.74 761.00 370.25 148,799.57 3O0'97O.8O 20,537.43 55.00 285.00 4,120.67 137.50 15.00 100.00 1,117.09 366.40 15.73 253.00 195.46 228.00 55.01 100.00 147.69 2,000.00 695.00 33.98 1'Z82.94 560.00 112.02 29.86 38.18 50.00 100.00 55.49 3'4D4.15 39,187.58 86.82 380.00 320.00 73,144,50 389.10 450.00 EXHIBIT "A"T@RESOLUTION #2O18-025 Page Thomson Reuters ThnrenDawm Toll Gas and Welding Supply Tri-State Bobcat U|ine|nc Unique Paving Materials Inc. University ofyNN[CERegistration Valley Trophy Inc. Voyant[ommunicotions Washington Conservation Distr Washington County Assessment &Taxation Washington County Assessors Division Washington County Info Tech Dept. Washington County Recorder Washington County Road &Bridge Waste Management Wholesale Fitness VVo|dArchitects and Engineers Wright Painting &Decorating VVVVGnetmchAssociates Inc ZepSo|es & Service REC CENTER 1ST Une/LeewesVentures LL[ 4FnxrtLL[ Ace Hardware A|'sCoffee Company Becker Arena Products Cope Plastics Inc. Con/ai[onstructon Cub Foods Enterprise Products Operating G&KServices |SD#&34Stillwater Area Schools Menan]s W1NIce Arena Managers Pepsi Beverages Company K&RSpecialties Inc. St. Croix Boat and Packet Co. Tri-State Bobcat Twin Cities Dots &Pop A Touch of Magic Ace Hardware Baker and Taylor 8arnhouseOffice LLC Information Charges Reimburse for license tabs Cylinders Equipment repair parts &rental Storage supplies Asphalt [IEOass Plaques Phone Shared Educator Tax books VVebsite8ubscription OtrixLicense Recording fees Traffic services Garbage Certification Treadmill maintenance Police City Hall Project Repair hole incouncil room wall Lake pump Supplies Snacks for concessions Furnish lake area dasher Equipment repair supplies Coffee and supplies for concessions Dasher boards Polycarbonate Equipment repair Concession supplies Propane Mats Community EdCatalog Ad Equipment repair supplies Membership Beverages for concessions Equipment repair supplies Arena Billing Equipment repair supplies Treats for concessions Programs Janitorial Supplies Materials Carpeting & Building Reconfiguration 137.81 16]J0 44.14 3,999.71 820.00 135.00 210.00 94.63 520.50 625.00 85.00 250.00 350.00 142.00 134.16 40,582.69 188.00 2,960.00 390.00 19,817.36 101.80 860.45 80.00 91.51 1,240.40 59,412.25 4,154.40 5,961.25 74.00 12,564.90 257,50 700.00 118.70 200.00 391.72 1,879.05 69,394.50 221.57 764.16 270.00 121.60 106.85 3,047.50 EXHIBIT "A"TORESOLUTION #2D18-)25 Culligan ofStillwater Demco|nc. FremminBSusan E Friends@ Stillwater Public Lib G&KServices Hedin Sue Install This Sign & Awning Company |ntenaum Inc. Mad Science ufK4N Madden Ga|anterHansen LLP Mayer Peter Menards Mid -America Business Systems Petrie Angela Premier Lighting Inc Pro-Tec Design Recorded Books Inc ReyensK8ariahE. Security Response Services Inc Snake Discovery LLC Star Equipment Inc. Washington County Library CREDIT CARDS Amazon.com 8&HPhoto 8ackDroundchecko.cnm 8[ATraining &Auditing Blinds Galore BuyDuorHardvvare.com Concord Consulting Corp Dropbox Ebay EOU Eventbrite Gordon Electric Supply Graphtec America inc MNSecretary ofState Notary K4NState Colleges & Univ. MN State Fire Chiefs Assn Racine North Som'sOub Water General Supplies Staff Reimbursement Friends Reimbursement: January Sales Towels &Rugs Staff Reimbursement Building Reconfiguration Building Reconfiguration Programs Legal Services Programs Janitorial Supplies S[CScanpnu Mileage Reimbursement Lighting Secudty[ameruUpgrade Materials Programs Security Monitoring Programs Building Repairs 'Lift Materials inspector book Audio equipment Back ground checks Training 'Belisle Window blinds ADAbuttnns Leadership Assessment survey Dnopboxrenawa| Floor plate for floor boxes Fire class PreparednessPractinum Floor boxes for council chambers Rollers for sign cutter Notary renewal for Alicia Hill Inspector class Membership ScadaPCfor Public Works Supplies for PD breakroom Page 51.30 48.74 98.29 231.40 83.14 96.12 1,160.00 6,516.27 161.00 270.00 150.00 114.60 695.00 28.34 273.69 17,754.79 27.96 100.00 168.12 150.00 4,668.00 4'O19.03 2,512.26 1,865.57 167.25 75.00 99.99 168.00 175.00 750.00 32.36 1,419.84 50.00 361.43 147.83 120.00 1,4O9�O6 93.00 565.00 450.22 EXHIBIT "u~NORESOLUTION #2010-025 Page 5 JANUARY MANUALS AT&T Mobility Century Link Comcast WiNPo|utionControl Agency Postmaster ADDENDUM Cargill [00Gmemment HDRArchitecture Ice Skate Institute Magnuson Law Firm K8NDept ofPublic Safety EP[KAProgram %ce|Ene,gy Adopted bythe City Council this 20th Day of February, 2018 RpcCenter Cell Phone Telephone Internet M54General 3tormwaterPermit Utility Billing Postage Deicer Lift station equipment Space Programming Freestyle Professional Service Hazardous chemical inventory fee Energy 64.74 42.00 84.90 400.00 2,844.64 24,571.28 463.38 24,948.00 lDO 15,576.83 25.00 22,720.95 TOTAL2,213,635'61 Nancy Manos AbbiVVittnnan Public Hearing - Brown's Creek West To: The Members ofthe Stillwater City Council Re: Stillwater Planning Commission Case No. CPC/3017-02 Dear Council Members: The concerned owners of the ten condominium units in the SteepleTowne Church at the corner of Third and Myrtle Streets, respectfully ask that you review our input previously given to the Planning Commission. As immediate neighbors, we feel strongly that the structure as proposed by Mr. Whitcomb is over -bearing for the lot size and, therefore, aDoveF densificationoftheournoundinganaa, We ask that you accept the original recommendaUonsputforthbythePkanningComnnisoionb)denyUle developer's requests for both land and height variances. Because cfthe formula used bodetermine the allowable height, the actual height of the proposed building would reach 50 feet from the sidewalk in front of the structure and nearly 8Ofeet high when measured from the sidewalk at the southeast corner of the property. This iadue tuthe considerable slope of the lot. The traffic safety concerns of the proposed ingress/egress off of Myrtle Street should not go unaddressed. With the proposed underground parking allowing for about 24 additional vehicles coming and going from this location --on a steep incline — and in close proximity to a 3-way stop at an already accident -ridden interseCtion, this would create aignifcant impact to pedestrians, traffic safety and traffic flow. Our SteepleTownebui|dinQdatesbaokto1G84.abmewhensetbockoandaight|ineohodyetbobeoonoeived, The lack of these necessary elements around our historic building today and the inherent dangers that imposes, should not be allowed ioborepeated. The developer's request for sizeable set -back variances onthe north, west, and east sides of the proposed structure would indicate the buUding, as designed, is too large for the existing lot, Allowing the developer to build out tothe property's furthermost perimeter, sets precedence and creates both safety and aesthetic issues inthis particular case, effectively allowing for 11O96usage ofthe available property. |encVurage each ofyou tovisit the site with mnawareness that the proposed structure would reach the imposing heightof Trinity Church'uexisting roofine. The vista of the St Croix shoreline would be impacted as visitors descend to our downtown via the main artery that is Myrtle Street. As immediate neighbors, wealso observe that Mr. VVhibcomb, while requesting significant concessions from the City, has yet to maintain the sidewalks surrounding his investment this Winter as per the Cib/'o ordinances. In deference to our historically significant neighborhood, often referred to as "Church Street," we respectfully ask that the Council uphold the recommendations of the Planning Commission with regard to this proposal. Although aformal buffer zone does not exist between Third Street's residential zoning and the downtown commercial district, a smaller footprint and a lower profile for this project in this location would allow for a more suitable transition, Our City is very proud of its' heritage and the structures that epitomize its' past. Going forward, every effort should bemade toconceive, design, and implement the vary best integration of the old with the new to enhance Historic Stillwater. Thank you for the opportunity to register our concerns, Respectfully submitted, Richard Sjoberg, President of the Sbeop|eTowne Home Owners' Association Abbi Wittman From: Mary Russell <russe021@umn.edu> Sent: Tuesday, February 20, 2018 11:33 AM To: Ted Kozlowski Cc: David Junker; Abbi Wittman; Bill Turnblad Subject: Third and Myrtle Condo Proposal Public Hearing Dear Mayor Kozlowski, I am a North Hill resident and have been following the City Council minutes regarding the property at Third and Myrtle (PCP 2017-62). I was surprised to see it come up for a public hearing so soon. If I understand correctly, in addition to the lack of a traffic study and storm water study, no design review has been conducted. I've rehabbed rental property in St. Paul's Ramsey Hill Heritage Preservation District and believe me I know how seriously they take the value of preserving the character of their historical districts. I also know how the ambiance of the area increases and stabilizes property values (I still own and pay property taxes on a triplex over there). The proposed Third and Myrtle condo looks completely out of scale for the site and offers no interest to either the streetscape for pedestrians or the overall vista of Stillwater from Pioneer Park, the river, or downtown. This project is highly visible and the location is an important part of the Downtown Plan. What is proposed looks like a fortress, not a welcoming Gateway to Stillwater. In addition, the developer's proposal points out that the 2030 Comprehensive Plan (2030 CP) indicates Downtown Stillwater could support up to 250 housing units by 2018, and acknowledges that the plan notes there is a demand for more units priced under $250,000 as well as for rental. The people in my Baby Boomer demographic are indeed interested in downsizing and staying in Stillwater, but few of us would consider 'downsizing' into a condo apartment that costs twice as much as a family home. I would urge you to deny this request and suggest that the developer come back with a realistic plan for the site that conforms to the recommendations of the Comprehensive Plan and the spirit of the Church Street neighborhood. Sincerely, Mary Russell 921 N. 2nd. St. Mary H. Russell professional editing since 1991 russelleditorialservices.com 216 4d1 Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA CITY COUNCIL MEETING FEBRUARY 20, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MINUTES 1. Possible approval of the January 30, 2018 regular and recessed meeting minutes. V. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS 2. Request for consideration of "No Wake Zone" - Bill Buth & John Koch 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 3. Police Chief 4. Fire Chief 5. City Clerk 6. Community Development Dir. 7. Public Works Dir. 8. Finance Director 9. City Attorney 10. City Administrator - Change of meeting date VIII. CONSENT AGENDA (ROLL CALL) all items listed under the consent agenda are considered 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. 11. Resolution 2018-025, directing payment of bills 12. Possible approval of sanitary sewer adjustments 13. Resolution 2018-026, approval of 2018 event and contract for Farmers Market 14. Resolution 2018-027, resolution amending Resolution 2018-022, 2018 Fee Schedule 15. Resolution 2018-028, approving the 2018 retainer adjustment for the City Attorney 16. Resolution 2018-029, approving the transfer of On -sale and Sunday Liquor Licenses to MAV Hospitality LLC, DBA: Pearl & The Thief (formerly Pub 112) 17. Resolution 2018-030, approval of Contract with Kraus -Anderson for Construction Management and Design for St. Croix Recreation Center project 18. Possible approval to replace the Storage Area Network (SAN) - MIS IX. PUBLIC HEARINGS - OUT OF RESPECT FOR OTHERS IN ATTENDANCE, PLEASE LIMIT YOUR COMMENTS TO 10 MINUTES OR LESS. 19. CPC Case No. 2017-62. This is the date and time for a public hearing to consider a request by Brown's Creek West LLC, property owner, for the consideration of a CUP and Variances to build a new residential condominium at the property located at 107 Third St N in the CBD district. PID 2803020420059, 2803020420060, 2803020420061, 2803020420169. Notices were mailed to affected property owners and published in the Stillwater Gazette on December 1, 2017 (tabled from January 16, 2018 meeting) (Resolution - Roll Call) X. UNFINISHED BUSINESS 20. Possible approval of second reading of Ordinance 1103, an ordinance amending the Stillwater City Code Section 31-300 Entitled Establishment of Districts by rezoning approximately fifteen acres to RB, Two -Family Residential - Heifort PUD Phase II- (Case 2017-67) 21. Possible approval of second reading of Ordinance 1102, an Ordinance amending the Stillwater City Code Sec. 31-325, Allowable Uses in Non -Residential Districts - 1815 Greeley Street S (Case 2017-68) XI. NEW BUSINESS 22. Possible ordering preparation of feasibility report for the 3rd Street South project (Resolution - Roll Call) 23. Possible approval of contract for lobbyist services (Resolution - Roll Call) (available Tuesday) XII. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (CONTINUED) XIII. COMMUNICATIONS/REQUESTS XIV. COUNCIL REQUEST ITEMS 24. Beyond the Yellow Ribbon update XV. STAFF REPORTS (CONTINUED) XVI. ADJOURNMENT TO CLOSED SESSION TO CONSIDER OFFERS FOR THE PURCHASE OF REAL ESTATE, PURSUANT TO MINN. STAT. §13D.05 (121 CHESTNUT E) 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us CITY COUNCIL MEETING MINUTES January 30, 2018 (changed from February 6, 2018) REGULAR MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:37 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Community Development Director Turnblad Finance Director Harrison Public Works Director Sanders City Clerk Ward OTHER BUSINESS Discussion on Lily Lake Water Quality with Middle St. Croix WMO Public Works Director Sanders updated the Council on results of efforts to reduce phosphorus levels in Lily Lake. He stated that over last 10 years, the City has achieved about 100 lbs. reduction through projects of the City, conservation district and Middle St. Croix Watershed. The City is now down to the last 45 lbs. of reduction required by the Minnesota Pollution Control Agency (MPCA). Mike Isensee, Middle St. Croix Watershed Management Organization Administrator, reviewed past water quality studies, and noted that in 2014, Lily Lake demonstrated a statistical improving trend for total phosphorous for the first time since monitoring started in 1988. He explained two projects being designed to achieve the last 45 lbs. of phosphorus reduction. One will be a holding area installed behind the ballfields at Lily Lake Park and one will be an underground piping system at Washington Park. The areas anticipated to be served by the two projects account for about 60% of the total load of phosphorous going into Lily Lake. The two projects are expected to result in a reduction of 50-55 lbs. of phosphorus. Public Works Director Sanders added that the two projects are eligible to apply for Legacy grant money to partially fund costs. Over the next two years, the City should start budgeting for these projects. Councilmember Junker asked if there is any correlation between phosphorous levels in Lily Lake and the amoeba problem. Mr. Sanders responded they appear to be totally unrelated. Mr. Isensee explained the tentative schedule for the proposed projects. Councilmembers expressed support for the projects and credited lakeshore homeowners and associations for their part in helping reduce phosphorus levels. City Council Meeting January 30, 2018 Discussion on Special Event Policy City Administrator McCarty provided an update on revisions made to the Special Event Policy since the Council last discussed it December 19. Terminology was added to definitions to include other gatherings, and wording was added about the need for a temporary liquor license. Site plan requirements went from a scale site plan to a plan showing all dimensions of the proposed facilities. He stated there also was a lot of discussion about serving alcohol. Currently it may only be served in a confined space. Public safety staff feels strongly that there is a need for an established perimeter for serving alcohol because Lowell Park tends to blend into downtown and it would be difficult to determine where it stops. So language was added to state that alcohol should be confined to a specific area like a beer tent, or the extent of the event itself provided there is fencing around the entire perimeter. At exit gates to the dispensing area (i.e. beer tent) or the event perimeter, at organizer' s choosing, there would be uniformed public safety staff. The event organizer may bring in private security, but the plan would still need to be agreed upon by the Fire and Police Chiefs. Councilmember Polehna asked about the prohibition on camping, pointing out that for Hockey Day, they had a person staying in a camper overnight for security. City Clerk Ward responded that the camping prohibition is intended for vendors. The language can be clarified to prohibit vendor camping but allow a security person to camp overnight. Councilmember Weidner remarked that having a liquor confinement area or "beer jail" is still too restrictive. He feels a person should be able to walk the entire event area with an alcoholic beverage if they choose. He does not feel fencing is needed; it could be delineated with signage. Councilmember Polehna stated he too questioned whether the policy is too restrictive. Mayor Kozlowski stated he thinks the scope of events has changed since past years when crowd control and alcohol was more of an issue. Special events require a contract, which provides an opportunity to impose more specific alcohol restrictions if the Council desires. Councilmembers Weidner and Junker agreed. Police Chief Gannaway expressed concern about clearly defining the area where alcohol is consumed, if there is no fencing. Councilmember Weidner reiterated that signs could be posted saying no alcohol beyond this point. Police Chief Gannaway responded that would then require increased police presence to make sure no one is leaving the area with alcohol or bringing in a cooler. Councilmember Weidner stated he is not talking about increased police presence. If an event needs additional security to keep people from going out, that should be private security provided by the event organizer. Mayor Kozlowski stated he would like to see more flexibility to allow organizers to decide where they want the alcohol areas. City Administrator McCarty stated staff would rework the language and bring the policy back for further review. He also will bring the fee schedule back for review. Update on upcoming Legislative Session (February 20 - May 21, 2018) City Administrator McCarty briefed the Council on a January 26 meeting involving Senator Housley concerning the City' s request for state funding for protection of the St. Croix Riverbank south of downtown. None of the local government requests was included in the governor's budget. As the City continues to seek funding, it will require representation at committee meetings and Page 2 of 7 City Council Meeting January 30, 2018 hearings. He stated the question was brought up whether the Council should consider hiring a lobbyist to represent the City at the capitol this legislative session. Mayor Kozlowski added it was clear that similar communities employ lobbyists for large ticket items. City Attorney Magnuson provided a history of past lobbying efforts that successfully secured state and federal funding for some substantial projects. Councilmember Menikheim stated he would like staff to look at options for hiring a lobbyist. Mayor Kozlowski agreed. Staff was directed to put together a list of potential candidates and consult the League of Minnesota Cities for assistance and suggestions. STAFF REPORTS Community Development Director Turnblad stated that staff has drafted an online community survey that will be released next week as part of the Comprehensive Plan update process. Goals discussed at last week's Comprehensive Plan workshop have been compiled and will be provided to the Council. Staff has been meeting with representatives of Lift Bridge Brewery to identify a range of possibilities for land acquisition and will meet again to narrow down some possibilities to explore in terms of assistance. Public Works Director Sanders reported that the railing on the Main Street Steps is installed and the steps should be open by Friday. Finance Director Harrison informed the Council that auditors would be coming Monday and Tuesday. Mayor Kozlowski recessed the meeting at 6:12 p.m. RECESSED MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:07 p.m. Present: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Absent: None Staff present: City Administrator McCarty City Attorney Magnuson Police Chief Gannaway Fire Chief Glaser Public Works Director Sanders Finance Director Harrison City Planner Wittman City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. Page 3 of 7 City Council Meeting January 30, 2018 APPROVAL OF MINUTES Possible approval of minutes of the January 16, 2018 regular and closed session meeting and the January 23, 2018 Special Joint Meeting of the City Council and Planning Commission Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the minutes of the January 16, 2018 regular and closed session meeting and the January 23, 2018 Special Joint Meeting of the City Council and Planning Commission. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS Mayor Kozlowski acknowledged a letter stating that the City has received a Government Finance Officers' Association Certificate for Excellence in Financial Reporting for its annual report for the fiscal year ending in 2016. The City Finance Department has received this award has been received for 27 years in a row. Council commended the Finance Department for a job well done. OPEN FORUM There were no public comments. CONSENT AGENDA Resolution 2018-023, directing the payment of bills Possible approval of St. Croix Valley Recreation Center Capital Budget request — Dehumidifier Possible approval of St. Croix Valley Recreation Center Capital Budget request — Dasher boards Motion by Councilmember Weidner, seconded by Councilmember Polehna, to adopt the Consent Agenda. Ayes: Mayor Kozlowski, Councilmembers Menikheim, Junker, Weidner and Polehna Nays: None PUBLIC HEARINGS CPC Case No. 2017-87. A public hearing to consider a request by Ken Heifort, property owner and Todd Ganz of Integrity Land Development, applicant, for the consideration of a Final PUD, Preliminary Plat, Zoning Map Amendment and any Variances related thereto, for the property located at 8911 Neal Avenue in the AP District. City Planner Wittman stated that Todd Ganz, Integrity Land Development, is proposing to develop Phase Two of the 26.1 acre Heifort Hills Planned Unit Development (PUD). The second phase has 24 home sites, spread across 10.9 acres to be platted as Heifort Hills Estate. The developer is requesting: 1) rezoning of the second phase's 10.92 acres from AP, Agricultural Preservation to RB, Two -Family Residential; and 2) Final Shoreland PUD approval for the second phase PUD; and 3) preliminary plat approval for Heifort Hills Estate. Staff finds that the proposed Final PUD, rezoning and preliminary plat for Phase Two represent a good solution to the need for balancing the density envisioned by the Comprehensive Plan and the protective goals of the South Twin Lake Shoreland Overlay District. Therefore, staff recommends approval with 16 conditions. Councilmember Polehna asked why the bike trail would not extend to Highway 96 under this development. City Planner Wittman replied that the City's trail plan calls for Highway 96 to have an off-street trail. Her understanding in predevelopment conversations with Stillwater Township Page 4 of 7 City Council Meeting January 30, 2018 is that they are advocating for the construction of an off-street trail to tie both communities' trail systems together. The Parks Commission has not reviewed this yet - it is scheduled for February 26. Councilmember Weidner asked how the cash equivalent for replacement of the 39 trees cited in Condition #16 would be used by the City. Ms. Wittman replied that the tree replacement plan includes significant screening along the edges and staff believes there will be sufficient planting. The fee in lieu is based on the average price of trees, for the City to spend as deemed appropriate. She added that along Highway 96 there is a 100-foot buffer that will not be disturbed at all, therefore there will still be a green corridor of vegetation along Highway 96 on the south side. The Council could require greater vegetative buffering along Highway 96 if desired. Councilmember Weidner suggested that perhaps the developer should eliminate a few of the houses, as the development may be overbuilt. Ms. Wittman pointed out that, other than the 39- tree deficit, the proposal meets the zoning code and requirements. Mayor Kozlowski opened the public hearing. Todd Ganz, Integrity Land Development, provided a drawing showing the grading plan and the location of the silt fence. He pointed out the area that is not affected by the development and showed the grading plan and the setback line, adding there really are no trees to be removed in that corner. The existing tree line is just north of the setback line. He pointed out the storm water line that will not require any tree removal. Councilmember Weidner stated he is a lot more comfortable with it. Mr. Ganz went on to explain that a significant number of trees would be taken out of the Neal Avenue right-of-way. They are stopping the trail there because otherwise there would be an 8-10 foot high retaining wall in front of one of the houses. The trail will be on the shoulder of the road when Neal is paved. Public Works Director Sanders stated there is no timeline for construction of a trail on Highway 96. He confirmed that one parcel has a steep bank so it would take some grading and a high retaining wall to extend the trail there. If this were required, the retaining wall cost would exceed the park and trail dedication fee from this project. Councilmember Weidner stated he understands the additional cost but he feels that the trail should be completed instead of leaving it 200 feet short of another connection. Mayor Kozlowski closed the public hearing. Councilmember Polehna stated he would like to add a condition requiring the trail to be completed all the way to Highway 96. City Planner Wittman responded that the Council could add a condition of approval addressing it as part of the development agreement. Condition #11 could be modified to state that the developer shall construct the trail adjacent to Neal Avenue. Motion by Councilmember Polehna, seconded by Councilmember Junker, to adopt Resolution 2018- 024, a resolution approving final planned unit development for Phase 2 of 2, and preliminary plat for Heifort Hills Estate, Case No. 2017-67, with the modifying of Conditions #6 and #11 to indicate the property owner shall construct a trail from the cul de sac south as well as north to his property line. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 5 of 7 City Council Meeting January 30, 2018 Motion by Councilmember Polehna, seconded by Councilmember Menikheim, to adopt first reading of an ordinance amending the Stillwater City Code Section 31-300 entitled Establishment of Districts by rezoning approximately 15 acres to RB, Two -Family Residential. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None CPC Case No. 2017-68. A public hearing to consider a request by Michael McGrath, property owner for the consideration of a Zoning Text Amendment to allow retail use in the BP -I district by Special Use Permit for the property located at 1815 Greeley St S in the BP -I District. City Planner Wittman stated that Michael McGrath, 1815 Greeley, LLC, has applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP -I, which only allows for retail sales of products manufactured on -site. The business in question does not qualify for this allowance. Therefore, the building owner is asking to allow limited retail sales of products not manufactured on -site. Staff recommends approval of the proposed Text Amendment, with the Planning Commission' s modifications, that the amendment allow limited retail not to exceed 10% of a building's total floor area or 4,000 square feet, whichever is less. Councilmember Weidner commented that the City has plenty of retail spaces available, so why would staff recommend this rather than require them to use an existing retail space? Ms. Wittman stated that staff determined the amendment would involve less retail space than would be used for products produced on -site. Mayor Kozlowski stated he would prefer the amount of retail space be limited to 20%, which the percentage is allowed for items manufactured on -site. Mayor Kozlowski opened the public hearing. There were no public comments. Mayor Kozlowski closed the public hearing. Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to adopt first reading of an ordinance amending the Stillwater City Code Sec. 31-325, allowable uses in non-residential districts, Case No. 2017-68. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None UNFINISHED BUSINESS Possible approval of sanitary sewer adjustments (tabled from January 16, 2018 meeting) City Administrator McCarty explained how sanitary sewer rate adjustment recommendations are handled. This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. The Water Board could not make this meeting so they will be at the March meeting to discuss this and other issues with the Council. Staff recommends that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. Motion by Councilmember Weidner, seconded by Councilmember Junker, to take the item off the table. Ayes: Councilmembers Menikheim, Junker, Weidner, Polehna, Mayor Kozlowski Nays: None Page 6 of 7 City Council Meeting January 30, 2018 Motion by Councilmember Menikheim, seconded by Councilmember Weidner, to approve the sanitary sewer adjustments. All in favor. NEW BUSINESS There was no new business. COMMUNICATIONS/REQUESTS Councilmember Polehna expressed interest in attending the National League of Cities meeting March 10-14 in Washington, D.C. Mayor Kozlowski praised Public Works staff on the cleanup of downtown snow. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Junker, seconded by Councilmember Menikheim, to adjourn the meeting at 8:12 p.m. All in favor. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Resolution 2018-023, directing the payment of bills Resolution 2018-024, a resolution approving final planned unit development for Phase 2 of 2, and preliminary plat for Heifort Hills Estate, Case No. 2017-67 Page 7 of 7 February 16, 2018 TO: City of Stillwater Mayor, City Council FROM: Bill Buth, Mulberry Point Yacht Harbor John Koch, Portside Restaurant RE: No Wake Zone on the St. Croix River Greetings, Both John and I respectfully request that we be added to your February 20, 2018 City Council Agenda, to share with you what we believe to be a need for a No Wake Zone on the St. Croix River fronting the City of Stillwater. The establishment of a No Wake Zone will have a variety of benefits for the businesses in the City of Stillwater, as well as creating a safe experience for the ever growing number who enjoy boating on the St. Croix. John has a short power point presentation that will further explore the benefits of a No Wake Zone by other Cities on the river. Thank you for your consideration. 2/16/2018 N Oil 1111 �NMIN IiIIYYYW1 uuuui IIIII w: tIIIVIViIINOIII VIIViWllumoUumVmiUUlmplmumoopugVwiuiOVmOm,mmuuouuVOiw �1111111111111111111111 M�IV luii I lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIoiilililililili111111111 ouluuuuul 111111111 IIIIIIIIIIIIIIII l 11 l IIIIIIilII oyooll viovvvY IIIIII �IIIIIIhI 11llll lllllul111111lll 111 I IIIIIIIIIIIIII llllllllllllll i'd �111 1�i11111111111 1111 oiry • IIIII I yoloyo �UgIIIIIIW�� m „;. 11 111111 111111111 I yll 11111111 1111 �011 p 11AAI 4f� 00 9ldf 4II lool0000000ll0000mo 11 VI 1111111111 11111111111 I 111111 n 11 What is our Goal Provide safe access for boaters to Visit stillwater 1 2/16/2018 St. Croix River Cities Hudson Protected by a no -wake zone Expansive Anchoring and beaching opportunities • Many boats anchor in this area each weekend Dinghy/tenders for shore excursions • Multiple Access Points for Boaters • Public Docking • Seawall tie -off • Beaching The major river destination for boaters wanting to stop for lunch and dinner St. Croix River Cities Afton Protected by a no -wake zone Anchoring and beaching opportunities Many boats beach in this area each weekend • St. Croix Yacht Club at Catfish Bar • Dinghy/tenders for shore excursions • Access point for boaters • Public Docking • Safe no -wake access for boaters to stop for lunch and dinner ESOTA 4" i To IN 2 2/16/2018 St. Croix River Cities Prescott • Protected by a no -wake zone • Expansive Anchoring area • Many boats anchor in this area each weekend • Dinghy/tenders for shore excursions • Access Point for Boaters • Public Docking Y TY Cedar Pine S WJa9nut Ash St Prescott St St. Croix River Cities Stillwater Unprotected by a no -wake zone • Boats subject to large wakes and potential damage Anchoring opportunities Limited boats anchor in this area each weekend Dinghy/tenders for shore excursions • Access Points for Boaters Public Docking Access ea large commercial steel docks • Seawall tie -off dangerous *.. Common boating concerns "I don't want to boat all the way to Stillwater for Lunch or dinner as there are no protected areas to dock or anchor out" 3 Date: February 15, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: March 20, 2018 meeting There has been an interest to change the Council meeting on March 20 to March 27 because two members of Council will not be available for that meeting. If changed, it is my understanding that the March 27 will be short one councilmember. Changing of meeting dates require Council approval and publication thereof. ACTION REQUIRED: Determine whether to move the March 20 meeting and direct staff accordingly. EXHIBIT "A"T0RESOLUTION #2018-02S Page LIST OF BILLS Acceo|nc Ace Hardware Advance Auto Parts AdvanteQeHeo|thCorp AmanoMcGann Inc American Planning Association AnnomCommunication Inc. Animal Humane Society Aspen Mills Board ofWater Commissioner Board ofWater Commissioner Boyer Trucks Burks Tree and Landscape Care Business Data Record Services Campion Barrow &Associates C0VVGovernment Inc. Century College Century Power Equipment City ofWoodbury Cole Papers [omcast CoStarRealty Information Inc Countryside Repairs Coverall ofthe Twin Cities Cub Foods ECM Publishers E[5|System Integrators Emergency Automotive Emergency Response Solutions England Alex Enterprise FK8Trust Fastena|Company FedEx F|eetPride Force America Fraley Thomas Frontier AQQTurf G &KServices Ga||aganDeanna Grig|ak Gateway Cycle Goodyear Commercial Tire Ha8xtromTerry He|kesTree Service Henricksen PSG HoixingtonKoeg|erGroup Inc Holiday Companies |APE Monthly UBweb payments Supplies Equipment repair supplies Wellness screenings Tickets Membership Antenna Pound charges 4thqtr Uniforms Payable ZO17VV8Assess Principal &Interest VVACCherges Equipment repair supplies Tree Care Document destruction services Post offer testing Access points Training course Equipment repair supplies JUlQSWAT participation Janitorial supplies Internet Property professional Vehicle service Commercial cleaning services Coffee Publications Fire alarm monitoring Equipment repair supplies Fire face masks Reimburse for Notary Public Commission Lease vehicles Equipment repair supplies Shipping Equipment repair supplies Equipment repair supplies Tools Equipment repair supplies K8ats& Uniforms Utility Refund Bike tune ups Tires Reimburse for work boots Clear trees Wall repair Professional services Vehicle washes Training 635.85 116.53 418.75 1,659.50 612.00 294.00 93.25 1,483.00 2,085.90 10,362.86 125,334.00 33.75 2,067.00 100.00 415.00 5,518.70 790.00 1.80 4,463.50 182.01 175.35 376.83 94.67 540.00 21.98 308.39 1,125.00 104.85 1,461.88 20.00 2,723.32 306.62 11.76 106.16 587.31 346.95 1,967.74 1,000.59 105.73 22%.O6 965.78 160.00 7,000.00 350.00 3,645.20 330.00 700.00 EXHIBIT "A.TO RESOLU7lON#2018-Q25 International Code Council Jefferson Fire and Safety Inc. Kath[ompanies League of MN Cities Little Falls Machine Inc. LoM)erCompanies Lynn Peavy Company K4acQueenEquipment Inc. Madden Ga|anterHansen LLP Mansfield Oil Company Marshall Electric Company K8enardu Metropolitan Council Metropolitan Council Middle StCroix Watershed VVK8O K4N County Attorneys Assoc. K4NStote Fire Chiefs Assn Modern Heating &Air K0P0ex|evdLL[ K4PFF KAPSTMA Municipal Emergency Services Municode NAPAAuto Parts NEOPO8TUSA Inc. Office Depot On5ite5anitation O'Reilly Auto Parts Performance Plus LLC Powell Robert Pro-TecDesiQn Public Agency Training Council Regency Office Products LLC RehnCode Consulting Services Robo|eDonna Safari|andTraining Group 5nhvvaob|nc. Shi|tsCindy 5ignaUnnSign Group Simp|ifi|e LC SirchieFinger Print Lab Inc. SNFConsulting Group Stillwater and Oak Park Heights CVB Stillwater Motor Company Stillwater Towing Summit Companies SW/WC Service Cooperatives TBB|nc/[rys1ee|Manufacturing The Foundation [ode Tools Tenacoirdefopen drum Safety & loss control workshop Equipment repair supplies Equipment &|TService Supplies Equipment repair supplies Labor Relations Services Fuel City Hall repairs due to power fail Supplies Wastewater Charge Monthly SAC Watershed Management payment Forfeiture forms Training registration Heater Locating Conference Spring Workshop Equipment and supplies Code Equipment repair supplies Ink cartridge Office supplies Portab|erestroom rental Equipment repair supplies Mask fit Reimburse for work boots Public Work security system Training Office supplies Plan review Reimburse for gift cards for Health Risk Assess Test kits Notary stamp Reimburse for tools Refund ofdesign permit fee Recording fees Evidence tubes Downtown Plan Update C¢r|yLodging Tax Vehicle service Tow service Sprinkler inspection APCOBRA & Retiree Health Insurance Equipment repair supplies Mobility labor Page 2 418.00 193.81 180.00 20.00 493.52 36'668.4O 180.95 541.13 181.30 10,018.74 761.00 370.25 148,799.57 3O9'978.00 2O'S37.43 55.00 285.00 4,120.67 137,50 15.00 100.00 1,117.09 366.40 15.73 25].00 195.46 228.00 55.01 100.00 147.69 2,000.00 695.00 33.98 1,282.94 560.00 112.02 29.86 38.18 50.00 100.00 55.49 3'484.1G 39,187.58 86.82 380.00 320.00 73,144.50 389.10 450.00 EXHIBIT "A"D0RESOLUTION #2O1#-025 Thomson Reuters Thoren Dawn Toll Gas and Welding Supply Tri-State Bobcat UUne|nc Unique Paving Materials Inc. University ofW1N[CERegistration Valley Trophy Inc. Voyant Communications Washington Conservation Uistr Washington County Assessment f\Taxation Washington County Assessors Division Washington County Info Tech Dept. Washington County Recorder Washington County Road &Bridge Waste Management Wholesale Fitness VVo|dArchitects and Engineers Wright Painting &Decorating VVVVGoetschAssociates Inc ZepSales & Service REC CENTER 1ST Une/LeewesVentures LL[ 4FrontLLC Ace Hardware AysCoffee Company Becker Arena Products Cope Plastics Inc. [nrxa(Conatructom Cub Foods Enterprise Products Operating G & KServicas |SD#Q34Stillwater Area Schools K8enards W1NIce Arena Managers Pepsi Beverages Company R&RSpecialties Inc. 5t. Croix Boat and Packet Co. Tri-State Bobcat Twin Cities Dots & Pop A Touch of Magic Ace Hardware Baker and Taylor BarnhouseOffice LL[ Information Charges Reimburse for license tabs Cylinders Equipment repair parts & rental Storage supplies Asphalt C[E[|aso Plaques Phone Shared Educator Tax books VVebsiteSubacription [itrixUcense Recording fees Traffic services Garbage Certification Treadmill maintenance Police City Hall Project Repair hole incouncil room wall Lake pump Supplies Snacks for concessions Furnish lake area dasher Equipment repair supplies Coffee and supplies for concessions Dasher boards Po|ycorbonaLe Equipment repair Concession supplies Propane Mats Community Ed Catalog Ad Equipment repair supplies Membership Beverages for concessions Equipment repair supplies Arena Billing Equipment repair supplies Treats for concessions Programs Janitorial Supplies Materials Carpeting & Building Reconfiguration Page 137.81 16.00 4414 3,999.71 820.00 135.00 210.00 94.63 520.50 625.00 85.00 250.00 350.00 142.00 134.16 4O'5O2.69 188.00 Z'96O.0O 390.00 l9'817.36 101.80 860.45 80.00 91.51 1'24O.4O 59'4122S 4,154.40 5,961.25 74.00 12'564.9U 257.50 700.00 118.70 200.00 391.72 1,879.05 69,394.50 221.57 764.16 270.00 121.60 106.85 �047.S0 EXHIBIT "A"TORESOLUTION #2018-02S Culligan ofStillwater Demco|nc FremminQSusan [ Fhends@Stillwater Public Lib G & K5envices HudinSue Install This Sign & Awning Company |ntereum Inc. Mad Science ofyNN Madden Ga|anterHansen LLP Mayer Peter Meno/ds Mid -America Business Systems Petrie Angela Premier Lighting Inc Pro-TecDea}8n Recorded Books Inc ReyersyNariahE. Security Response Services Inc Snake Discovery LLC Star Equipment Inc. Washington County Library CREDIT CARDS Amazon.omm 8&HPhoto Bmck8roundchecks.com 8CATraining &Auditing Blinds Galore 8uyDoorHardxvarezom Concord Consulting Corp Dnupbnx Ehay EOU Eventbrite Gordon Electric Supply GraphtecAmerica inc MN Secretary of State Notary K8NState Colleges &Univ. K8NState Fire Chiefs Assn Racine North Sam'oC|ub JANUARY MANUALS AT&T Mobility Century Link Comcast Water General Supplies Staff Reimbursement Friends Reimbursement: January Sales Towels &Rugs Staff Reimbursement Building Reconfiguration Building Reconfiguration Programs Legal Services Programs Janitorial Supplies S[[Scanpro Mileage Reimbursement Lighting SecurityCameraUpQrade Materials Programs Security Monitoring Programs Building Repairs 'Lift Materials Inspector book Audio equipment Back ground checks Training' Belisle Window blinds ADA buttons Leadership Assessment survey Dnnpbuxnenevva\ Floor plate for floor boxes Fire class PreparedneoxPracticum Floor boxes for council chambers Rollers for sign cutter Notary renewal for Alicia Hill Inspector class Membership ScadoPCfor Public Works Supplies for PD breakroom RecCenter Cell Phone Telephone Internet Page 51.30 48.74 98.29 2]1.4O 83.14 96.12 1,160.00 6,516.27 161.00 270.00 150.00 114.60 695.00 28.34 273.69 17,754.79 27.96 100.00 168.12 150.00 4,668.00 4,819.03 2,512.26 1^86S.S7 167.25 75.00 99.99 168.00 175.00 750.00 32.36 1,419.84 50.00 361.43 147.83 120.00 1,409.06 93.00 565.00 450.22 64.74 42]0 EXHIBIT "A" TO RESOLUTION #2018-025 Page 5 MIN Po|udonContruUAgency KAS4General StormwaterPermit 40000 Postmaster Utility Billing Postage 2,844.64 emo DATE: February 13, 2018 TO: Mayor and City Council FROM: Sharon Harrison, Finance Director RE: Sanitary Sewer Adjustments BACKGROUND: During the course of any given year, sanitary sewer rate adjustment recommendations come before Council. These adjustments are mainly due to leaks found during the course of the year, but often stand out more during the readings during the 1st quarter of every year. For residential properties, sanitary sewer billing rates are set during the 2nd quarter of every year using the water consumption (obtained from the Water Board) from the 1st quarter of the year. This rate is then used for the next 4 billing cycles (quarters) until the rates are reset again the following year. As mentioned before, occasionally there are some properties that have experienced increased water usage during the 1st quarter of the year due to some unforeseen circumstances (e.g. leaky toilet, water softener issues, pipe issues, etc.). This increased water usage naturally in turn increases their sanitary sewer billing rate for the next 4 billing cycles (quarters). These residents/owners will then call the City to explain their individual circumstance. We (Finance) then review consumption rates from prior/current quarters to see if we can determine the duration/termination of the leak based on the information provided to us by the water department and the resident/owner. This information then is used to provide Council with new billing rate recommendations for upcoming billing periods (until the new rates are reset the following year). This practice has been used by the City for many years, and has been proven to be a fair and accurate way for property owners to pay their fair share of the use of the sanitary sewer system. RECOMMENDATION: Attached are staff recommendations for sanitary sewer rate adjustments currently requested by property owners. These adjustments are expressed in gallons (of consumption), based on the average consumption of the prior 3 years, and converted to the new billing rate using the most current billing rates approved by Council. These adjustments will begin with the next billing cycle (31d quarter billing). In other words, staff is recommending to Council that the property owner at least pay the increased sanitary sewer rate for the billing period in which the leak occurred. COUNCIL ACTION: If Council agrees with Staff s recommendation, Council needs to approve staff recommendations as listed on the attached Exhibit A. CITY OF STILLWATER EXHIBIT A Description of Billing Quarter Circumstance Winter Average Gallons Adjustment for 1 Leaking Toilet From 11,000 1st To 16,000 Date: February 14, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: 2018 Farmer's Market Event & Contract Attached is the 2018 Farmer's Market Event application and draft contract. In 2012, Council approved the use of the entire lot area (see attached). The Veteran's Memorial Committee also concurred with the request at that time. The event will be similar to years past. The event pays for 1/3 of the portable restroom located at the Riverview Lot. This year they are also requesting an additional trash container on their event days. Staff recommends that the Event Organizer is charged for extra trash container according to the 2018 fee schedule. The due date for insurance and fees would be May 11, 2018. ACTION REQUIRED: If Council wishes to approve the special event and contract they should pass a motion adopting a resolution entitled "Approval of 2018 Farmer's Market Special Event and Contract". RESOLUTION 2018-026 APPROVING 2018 SPECIAL EVENT AND CONTRACT FARMER'S MARKET BE IT RESOLVED, by the City Council of Stillwater, State of Minnesota, that the 2018 Farmer's Market Special Event and Contract between the Stillwater Farmer's Market Association and the City of Stillwater is hereby approved and authorizes the Mayor and City Clerk to sign the agreement. Adopted by the City Council of Stillwater this 20th day of February, 2018. Ted Kozlowski Mayor J. Thomas McCarty, Acting City Clerk STILLWATER FARMER'S MARKET 2018 AGREEMENT THIS AGREEMENT made this day of , 2018 between the CITY OF STILLWATER, Washington County, Minnesota ("City") and STILLWATER FARMER'S MARKET ASSOCIATION, c/o Beverly Friendt, its President, 3503 Long Lake Road E, Pine Springs, MN 55115 ("Farmer' s Market"). 1. Location. The City of Stillwater has authorized the Farmer's Market to use the parking lot located on the corner of Third and Pine Street for the purpose of conducting a farmer's market where vendors will offer agricultural goods and related merchandise for sale to the public. Substantial changes in the layout/format/duration of the Event will not be made by the Organizer at any time without advanced notice to the City. 2. Dates and Hours of Event. Operations are limited as follows: a. Saturdays, June 9 through October 27 of the year 2018 b. Setup: 6:30 a.m. c. Event Time: 7:30 a.m. — 12:00 p.m. (Noon) 3. Insurance, Hold Harmless, and Indemnity. Organizer agrees to indemnify and hold harmless the City with regard to any claims, causes of action or demands that might be brought against the City arising out of the events authorized by this Agreement; and further, Organizer agrees to provide to the City evidence of insurance coverage of at least the amount of the maximum liability of the city as set forth from time to time in Minnesota Statutes Section §466.04, covering claims that might be brought against them that arise out of the events authorized by this Agreement and to name the City as an additional insured on their policy "as their interest may appear" by no later than three (3) weeks before the event. 4. Signs. Market signage must be approved by the Community Development Director including the size and location of signs and banners. 5. Parking Lots. Organizer is aware and will inform all vendors and event participants that staking into the asphalt, etc. is not allowed (any damage repair will be paid for by the organizer). 6. Portable Toilets/Trash Container. The City will provide a toilet for use of vendors and patrons throughout the period of their use. The portable toilet will be located in the upper parking lot on Fourth Street. The Farmer's Market shall reimburse the City for one—third (1/3) of the seasonal costs of the portable restroom and extra trash container, which is due three (3) weeks before the start of the events. Approved by the City of Stillwater under authority of the City of Stillwater. CITY OF STILLWATER Ted Kozlowski, Its Mayor ATTEST: J. Thomas McCarty, Its Acting City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) On this day of , 2018, before me, a Notary Public within and for said County, appeared Ted Kozlowski and J. Thomas McCarty, to me personally known who, being duly sworn, did say that they are the Mayor and Acting City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota municipal corporation. Notary Public STILLWATER FARMER'S MARKET ASSOCIATION By Beverly Friendt, Its President STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of , 2018, by Beverly Friendt, the President and duly authorized agent for Stillwater Farmer's Market Association. Notary Public Uuzu '1Ilif 111R 11 "I IH' V 'Igl lil1dll,! EVENT USES ENTIRE UPPER LOT FOR THE EVENT muuuuuuuml°°I IIIIIIIIIIIIIIIVImI'" llVll^IIIIIIIumillllll!I up I l/IlllpVllll� 91d ou'l,[[111[,,e0Hoolooloo uul rir luuuuuiuu iil i lliillMi I@ rrrvir /if :I'Illll1ii111111111111111111111111111111111111 mY!'WIVII 1/4 ouu111uu[,![!u�!Iillil[l°[ III IIIIIIIIIIIII III II Illlllllllllllliiiiiiiii� �J;!'!!'I 111oollooIIICI 11111IIIIII�IIi11IIII�IIVIII Y'i'iiiiiimil[ uuuuuuumuuuu 1II11II�II1111'1111111 1 yu ,41,11II '[I"olVo'� ump19l"iU NJVIIIII IIIIIIIIIIIIIIIIL... 1�l111110lllllllllllllllll 11111111111 II ��I[Illiiig I��!', IIIIIIIIII IIVIh ""'IIIIIIIIINI " '' 'VIIIIIIIIIII�� IL "'YI�'�IIi y y9I 01�I"VdYlPlln ��Illlill1�ljjjjjjjl III j1�11II�IIIIIII 1111 you u�l� III1� lu Dc,1 II \,y 1 I �VII � �I III � a� � �'ti pII , I°V lr (111 111 �� y� dh1n�I� V I Y l ' U iii1Vp I"iiiiuliiiilil1llllllllllllllllliiiiilu A ' d1i11 I I ��m °IIIIIM ml ��l i u p,,,N''11, I l uul[uui°I lim!!!!!!!!l�oq� 1111011111011111111 e THE SIRTRIPLACE OF MINNESOTA Incomplete applications or applications received after deadline will not be accepted. See Event Instructions for application deadline and fees. Date of Application: EVENTS PERMIT APPLICATIO A'jz, 7018 216 North 4th Street, Stillwater, MN 55 82 Telephone: 651-430-8837 Fax: 651-43 88l9jTy Or LWATER ENGINEEF?ING DEr) Office Use Only Date Application Received Type: Event Special Event vent w/ Contrac Event Information Title/Name of Ever , , c f // , , „ 5. Event Date/Time: Set up: Date --f .-/- -Z. Time 4, r'_.. 0 to Actual Event: Date 4 . Time 7,-f•er /9 to) ' r Clean up: Date Time to (Events after 10:00 p.m. require a variance from City Council Location (Address) of Event: (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 City of Stillwater website) , •l /2- ( y C--e;. .e.r1,3`e/e,--S Estimated Attendance (participants and spectators): Applicant Information (Person/Group Responsible) Sponsoring Organization Name: / 4-7: ,A/ / /f)ez /2 --> Mailing Address: City, State, Zip Code ' / .5,,,,r2 r--) ',.^,T (.7 1 Z.-4- r'09 ---N Primary Contact/AppLcort Name: 61i7/2 //r4-' />-/ , 'e Phone Number:(, ,:;, ?, ../q1 Fax: Cell Phone: Email Address: - K 7 /14 Website Address: Name of contact person during eventa ie ei/ Cell Phone: d.../4 / Alternate contact during event: Cell Phone: Refer media or citizens inquires to: Phone: Site Plan: Asite plan ismandatory for all events. Please provide amap ofthe site layout. Include any tables, stages tents, fencing, portable restromms,vendor booths, trash containers, etc. Ifevent involves aparade, race orwalk, please attach a route map highlighting route. Include rest stop stations, crossings, si8na8eand indicate route direction with arrows. Event Fe�mn� Will any signs/banners beput up No E Yes Number Will there beany inflatables? No?p Yes U insurance certificate from rental vendor «required Fees for electricity may �� VVi||there be entertainment? No �� Yes E What type: apply see Instructions - Will sound amplification be used? No Yes N Hours and Type: Will astage or1ent(s)beset up? No [] Yes �� Dimensions: ucrX�0f�� VViU there betemporary fendn87 No �J Yes 1771 Will memhandise�ood bemsbenw|d? �u [] Yes �� How many m, �ve*cm�m,mv' -- - vendors expected: apply see Instructions Will food be prepared on she? No '� Yes F-I Contact Washington County Health Department,ao-430-6655 - Will cooking operations be conducted? 0o Yes [] Contact Stillwater Fire Department, asz-4uso / ` VViUalcohol beserved but not sold? No P� Yes M See Alcohol Regulations mthe instructions � Will alcohol be sold? No Yes 1771 See Alcohol Regulations uthe Instructions � Will there be a fireworks display? No Yes [] Permit required, contact Stillwater Fire Department, ao-35z-4x5o Describe power needs and location ofpower source. A Ile, � � Describe level of advertisement (Ie,edlv flyers, press eleae).Attach sample if available ��2 C|tVSemxicao (After reviewing the event application, City services maybe ,equ,iedfor the e,entJ Will event use, close mnblock any ofthe following: |fyes specify location onsite map. City Streets orRiBht-of-vvay No Yes [] Start/EndTimoe: Date: City Sidewalks or Trails No Yes [] Start/End Time: Date: Public Parking Lots orSpaces No N Yes Start/EndTimne'' f�� ~�� Da�e' '' )�°' Fees may apply Will event need barricade(s)? No Yes [] Number needed: see Instructions 0 Will extra picnic tables be needed? No Yes [] Number needed: Fees may apply see Instructions Will portable restrooms be needed? No • Yes A Number needed: Fees may apply eInstructions Fees mayopply Will extra trash receptacles be needed? No ■ Yes,i Number needed:/ see Instructions Describe trash removal and cleanup plan during and after event: „z t r a il' spa.- ,Lea ' isle Will event need traffic control? No 41 Yes ■ Contact Stillwater Police Department for assistance, 651-351-4900 Describe crowd control procedure to ensure the safety of participants and spectators: Fees may apply see Instructions Will "No Parking Signs"be needed? No [X Yes • Number needed: location(s) Show on site map Will event need security? No Yes ■ If event is overnight security will be required. If using private secruity, list Security Company and Contact Information: Will event need EMS services? No Yes ■ Contact Lakeview EMS, 651-430-4621 Describe plans to provide first aid, if needed: 2.„47 4/49,,. �� 4 0 / 7€ cen G e/� 6(z/ , JI 6, W � Describe the emergency action plan if severe weather should arise: List any other pertinent information: The sponsor(s) of this event hereby agrees to save the City, its agents, officials and employees harmless from and against all damages to persons or property, all expenses and other liability that may result from this activity. Depending on the size of and scope of the event a "Certificate of Insurance" may be required. 1f insurance is required, the policy must be kept in force during the event of at least the statutory limits for municipalities covering claims that might be brought against the event that arise out of the events authorized and to name the City as an additional insured on their policy "as their interest may appear." As the sponsor or authorized representative, I certify that the information provided is true to the best of my knowledge and agree to pay the permit fee for this event based upon the information provided in this application. 1 realize my submittal of this application request constitutes a contract between myself and the City of St(llwater and is a release of Liability. i"gnbture of Applicant or Authorized Agent Date , t- , Date: February 5, 2018 TO: Mayor and Council FROM: Diane Ward, City Clerk SUBJECT: 2018 Fee Schedule additions Attached is a memo from Public Works Director Sanders informing the Council of the increase in development fees that were not available at the time of the adoption of the 2018 Fee Schedule. In addition, the Police Department requested an increase in Police Fees (NOT EVENT RELATED), that was inadvertently omitted from the fee schedule for: Off -Duty Police Officers (paid directly to Officers) $5'A 40 per hr. 3 hour Minimum STAFF RECOMMENDATION: To approve the recommended fees. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Amending Resolution 2018-022, Resolution Adopting 2018 Fee Schedule" to include the 2018 Development Fees and the Not Event Related - Off -Duty Police Officers (paid directly to Officers). MEMORANDUM TO: Mayor and City Council jr FROM: Shawn Sanders, Director of Public Works DATE: January 31, 2018 RE: 2018 Development Fee Rates DISCUSSION Recently, council approved the 2018 fee schedule for the City of Stillwater. The development fees were not included in this approval since the index for computing the increase had not published for the year. The index increase for 2018 is 3.19%. Below is the list of fees with the adjusted increase. 2017 2018 AUAR (STORM SEWER) Single Family $5,912/acre $6,100/acre Multi-family/Commercial $11,822/acre $12,200/acre TRANSPORTATION ADEQUACY FUND North $7,687/acre $7,932/acre Middle $8,1� 120/aere $8,379/acre South Commercial $23,960/acre $24,724/acre Residential $6,811/acre $7,062/acre TRUNK SEWER AND WATER Phase III Annexation $17,231/acre $17,781/acre Long Lake East $0484/acre $9,993/acre Long Lake West $11,601/acre $15,070/acre Middle Trunk A (Water) $6, l55/acre $6,351/acre Boutwell East $13,698/acre $14,135/acre Boutwell West $4&608/acre $10,946/acre SEWER & WATER HOOKUP Sanitary Sewer $40 Water $44-70 $4303 $4303 RECOMMENDATION It is recommended that Council approve the annexation area development fees for 2018. ACTION REQUIRED If council concurs with the recommendation, they should pass a motion approving the annexation development fee for 2018. RESOLUTION 2018-027 RESOLUTION AMENDING RESOLUTION 2018-022, 2018 FEE SCHEDULE WHEREAS, the Stillwater City Council adopted Resolution 2018-022 entitled "Resolution adopting 2018 Fee Schedule" on January 16, 2018; and WHEREAS, the City's Public Works Director has recommended the increase of development fees based on the index rate of 3.19%; and WHEREAS, the City's Police Department has recommended an increase for police service that are not related to events from $40/hr. to $50/hr.. NOW THEREFORE, BE IT RESOLVED by the Stillwater City Council that Resolution 2018-022 is hereby amended to reflect the following rates: DEVELOPMENT FEES AUAR (STORM SEWER) Single Family $6,100/acre Multi-family/Commercial $12,200/acre TRANSPORTATION ADEQUACY FUND North $7,932/acre Middle $8,379/acre South Commercial $24,724/acre Residential $7,062/acre TRUNK SEWER AND WATER Phase III Annexation $17,781/acre Long Lake East $9,993/acre Long Lake West $15,070/acre Middle Trunk a (Water) $6,351/acre Boutwell East $14,135/acre Boutwell West $10,946/acre SEWER & WATER HOOKUP Sanitary Sewer $4303 Water $4303 POLICE FEES (NON-EVENT) Off -Duty Police Officers (paid directly to Officers) $50 per hr. Adopted by the Stillwater City Council this 20th day of February, 2018. ATTEST: 3 hour Minimum Ted Kozlowski, Mayor J. Thomas McCarty, Acting City Clerk TO: FROM: DATE: SUBJECT: Mayor and City Council Members Tom McCarty, City Administrator February 15, 2018 2018 Retainer Adjustment for City Attorney BACKGROUND In 2017, the City of Stillwater concluded negotiations for successor labor agreements for its represented employees. City Attorney David Magnuson's retainer is usually annually adjusted by a rate equal to the adjustment approved for City employees. Therefore, following this pattern, the retainer for the City Attorney for 2018 would be adjusted as follows: • Retainer of January 1, 2018 by 2. 5% (retroactive to January 1, 2018) • Health Insurance — Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2018 RECOMMENDATION The proposed retainer adjustments for the City Attorney follow a pattern consistent with direction from City Council. Increased employer contributions are included in the approved 2018 budget. Therefore, staff recommends adoption of the resolution entitled, "Approving the 2018 Retainer Adjustment for the City Attorney." RESOLUTION NO. 2018-028 APPROVING THE 2018 RETAINER ADJUSTMENT FOR THE CITY ATTORNEY NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota that the retainer for City Attorney David Magnuson for 2018 shall be adjusted as follows: • Retainer of January 1, 2018 by 2.5% (retroactive to January 1, 2018) • Health Insurance - Increase employer contribution for group health insurance coverage by $15 per month effective January 1, 2018 Adopted by the Stillwater City Council this 20th day of February, 2018. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk To: Mayor and City Council From: Diane Ward, City Clerk Date: 2/15/2018 Subject: New On -sale & Sunday Liquor License DISCUSSION: An application for a transfer of an On -sale and a Sunday liquor license has been received from MAV Hospitality LLC, DBA: Pearl & The Thief. The proposed license premises is at 112 Main Street N (former Pub 112). RECOMMENDATION: Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Finance Departments, Washington County Department of Public Health and Environment, and Minnesota Alcohol Gambling Enforcement Division (AGED). It should be noted that AGED approval is the last approval required before the actual license is issued by staff to the establishment. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting a resolution entitled "Approving the transfer of On -sale and Sunday Liquor Licenses to MAV Hospitality LLC, DBA: Pearl & The Thief (formerly Pub 112)". Approval is contingent upon the satisfactory investigation, inspections, and approvals from the Washington County Department of Public Health and Environment, Police, Fire, Building, Finance Departments and Minnesota Alcohol & Gambling Enforcement Division. RESOLUTION 2018-029 APPROVING TRANSFER OF ON -SALE AND SUNDAY LIQUOR LICENSES TO MAV HOSPITALITY LLC, DBA: PEARL & THE THIEF (FORMERLY PUB 112) WHEREAS, a request has been received from Joseph Pirri, MAV Hospitality LLC, DBA: Pearl & The Thief for the transfer of the On -sale and Sunday liquor license located at 112 Main Street N.; and WHEREAS, approval is contingent upon fulfilling all requirements to hold an On -sale and Sunday liquor license, the satisfactory investigation, inspections, and approvals from the Washington County Department of Public Health and Environment, Stillwater Police, Fire, Building, Finance Departments, and Minnesota Alcohol & Gambling Enforcement Division. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approve the transfer of an On -sale and Sunday Liquor Licenses to MAV Hospitality LLC, DBA: Pearl & The Thief, 112 Main Street N, Stillwater, MN 55082. Adopted by Council this 20th day of February, 2018. Ted Kozlowski, Mayor Attest: J. Thomas McCarty, Acting City Clerk RESOLUTION 2018-030 RESOLUTION APPROVING CONSTRUCTION MANAGEMENT AGREEMENT WITH KRAUS-ANDERSON FOR ST. CROIX RECREATION CENTER BE IT RESOLVED, the City Council of Stillwater, MN hereby approves that Construction Management Agreement between the City of Stillwater and Kraus - Anderson, as on file with the City Clerk. BE IT FURTHER RESOLVED, that the Stillwater City Council authorize the Mayor and Acting City Clerk to sign the agreement on the City's behalf. Adopted by the City Council of the City of Stillwater this 20th day of February, 2018. Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Init. AIA Document C132' - 2009 Standard Form of Agreement Between Owner and Construction Manager as Adviser AGREEMENT made as of the Iwcnty-Ninth day ofJanuary in the year Two Thous:and Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City_of_St lwater 216 North Fourth Street Stillwateu. MN 55082 and the Construction Manager: (Name, legal status, address and other information) Nratt-AridelgintcptistrucliropCompany 501 South Eishth Street Minneapolis MN 55404 for the following Project: (Name, location and detailed description) SAS ro ix y al Isy, gee reatioa center Remodel and Exaansion_fp*ct 1675 Market Drive Stillwater, MN 55082 The Architect: (Name, legal status, address and other information) HDR, Inc. 600 Ilennepin Avenue, Suite 260 Minneapolis,MN 55403 The Owner and Construction Manager agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification, This document is intended to be used in conjunction with AIA Documents A132Tm-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; A232Tm-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition; and B132TM-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition, AAIA Document A232Tm-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified, AIA Document C132T" — 2009 (formerly B801TmCMa — 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) Init. 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 information or u statement such as "not 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.) a), Remodeling the existingjee arena,and .1)) E,2_:panding the existing ice arena with new constructionand c' Ex mndin the existing field house and replAcing_the fabricslome. § 1.1.2 The Project's physical characteristics: (Identi)5) or describe, ifappropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) Work to be com leted at existing_facility located at 1675 Market Drive, StillwateLMN 55082 § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) T.B.D. § 1.1.4 The Owner's anticipated design and construction schedule: .1 Design phase milestone dates, if any: Design cornigete and available for bidding Aimil AIA Document C132 TM - 2009 (formerly B801","CMa — 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA®' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) .2 Commencement of construction: T.B.D. .3 Substantial Completion date or milestone dates: T.B.D. .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.) Competitive pctitive Bid wit § 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid packages, or phased construction are set forth below: (List number and type of bid/procurement packages.) One bid package, § 1.1.7 Other Project information: (Identib, special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) N/A § 1.1.8 The Owner identifies the following representative in accordance with Section 5.5: (List name, address and other information.) Dou& l;3ra4_y, 1675 Market Drive Stillwater, MN 55 I 651-430-2601 recctr(4ei.st iOwater.mn u5 § 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) N/A § 1.1.10 Unless provided by the Construction Manager, the Owner will retain the following consultants and contractors: (List name, legal status, address and other information.) .1 Land Surveyor: N/A .2 Geotechnical Engineer: N/A reserved. WARNING: This Document T99 Coprgt..1.97�1980,.1.�._.20 ...� . can Institute fArchht............ Init. AIA Document C132 2009 AIA® 8801 ^+CMa—1992). Copyright ©1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under t the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1516662126) .3 Civil Engineer: N/A .4 Other: (List any other consultants retained by the Owner, such as a Project or Program Manager, or construction contractor.) N/A § 1.1.11 The Construction Manager identifies the following representative in accordance with Section 2.4: (List name, address and other information.) Brian Hook Kraus-AndersonN Construction Comppny 501 Soujh Eighth Stiles!, Minneapolis, MN .55404brian,hookPkrausanderson.com § 1,1.12 The Construction Manager's staffing plan as required under Section 3.3.2 shall include: (List any specific requirements and personnel to be included in the staffing plan, if known) N/A § 1.1.13 The Construction Manager's consultants retained under Basic Services, if any: .1 Cost Estimator: (List name, legal status, address and other infOrmation.) N/A .2 Other consultants: N/A § 1.1.14 The Construction Manager's consultants retained under Additional Services: N/A § 1.1.15 Other Initial Information on which the Agreement is based: NIA § 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 stroll -shall, by appropriate written gleentent 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 Construction Manager shall perform its services as expeditiously as is consistent with such skill and care and the orderly progress of the Project. AIA Document CI32TM — 2009 (formerly B801TmCMa — 1992). Copyright 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) Init. § 2.3 The Construction Manager shall provide its services in conjunction with the services of an Architect as described in AIA Document B 132TM-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 reimburse 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 1 QQ9,000.00 ) 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 MillionDollars and Zero C eints_($ 1 00(Qx000 QQ,) 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 insurance 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 ($ 500,000.09). § 2.6.5 Professional Liability covering the Construction Manager's negligent acts, errors and omissions in its P policy Ten Million _.. Dollars and Zero Cents ( 10,000,000.(:10) per performance o services with ollc limits o not less than Ten Million„ 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. The=-ceftifiicate -will l w--the•F w+ter••as,-an-raddit ona ins-nred-or-the-L;e)tntweltew-sive Genera - i-abi ity,. Autrtr►ebile-tiabilrty.►ittt#Trellit-or-e*cess-pc li ies, 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 Owner's program provided by the Architect, to ascertain the requirements of the Project and shall arrive 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 multiple Contractors or fast -track construction will be used. The Construction Manager shall periodically update the Construction Management Plan over the course of the Project. AIA Document C132T" — 2009 (formerly B801''"'CMa —1992). Copyright m 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) § 3.2.4 Based on preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume or similar conceptual estimating techniques for the Architect'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 nut 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 of the Project schedule relating to the performance of the Architect' s services. The Project schedule shall coordinate and integrate the Construction Manager's services, the Architect's services, other Owner consultants' services, and the Owner's responsibilities and 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 of the Cost of the 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 of the 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. § 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. AIA Document C132TM — 2009 (formerly B801T^'CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Irtit. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under l the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) § 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 of labor 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 of labor shortages. § 3.2.16 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for 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 current 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 t Ic Owner's purovalptocpss,, § 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. § 3.3 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 shall be in attendance at the Project site whenever the Work is being performed. § 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 AIA Document A232TM-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. If the Owner and Contractor modify AIA 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. AIA Document C1327M — 2009 (formerly B801TMCMa —1992). Copyright el 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale.. User Notes: (1516662126) § 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 of labor 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 from 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 of test and inspection reports to the Owner and Architect. § 3.3.9 The Construction Manager shall endeavor to obtain satisfactory performance from 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. If the 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 final 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 determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. .2 Where 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 Application 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 from each Contractor's Application for Payment, (3) prepare a Project Application and Certificate 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. AIA Document C132T" — 2009 (formerly B801T"CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1516662126) Init. 1 § 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 from 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 from 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 of the 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 behalf of the Owner only to the extent provided in this Agreement. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, 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 t e tlwitcy for the Construction Manager's negligent 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 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 of the meaning and intent of the Drawings and 'Speer eatio it"N?r-i#s-writtetr-r .'^gat m r of cl ttltiai5 peril"teat ns„ and assist in the resolution of questions that may arise. § 3.3.17 The Construction Manager shall review requests for 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. AIA Document C132TM — 2009 (formerly B801T"'CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1516662126) Init. § 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 necessary, 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 for approval. The Construction Manager shall promptly review all Shop Drawings, Product Data, Samples and other submittals from 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 of workers, 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 schedule 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 logs; .8 Summary 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: N/A. § 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; and .4 Any other items as the Owner may require: N/A § 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 currently 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 of the 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 of the Project, shall deliver them to the Owner. § 3.3.22 The Construction Manager shall arrange 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. AIA Document C132 TM 2009 (formerly B801TMCMa — 1992). Copyright 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of n this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1516662126) Init. § 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 start-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 portion 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: (1) 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 of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens 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 final 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 of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Fawner-4;onsitt--uoion-M rftttger, A eltite0 .onti°aefor-and-Mult-ip$e-Pfitne 't nffaeto •Owner and,(;wonstrucction 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. (Designate the Additional Services the Construction Manager shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. if in an exhibit, identifj) the exhibit.) Services 4.1.1 Measured drawings § 4.1.2 Architectural interior design (B2521M__2007) ._. § 4.1.3 Tenant related services Owner Responsibility (Construction Manager, (honer or Not Provided) Owner Owner Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) AIA Document C132T" — 2009 (formerly B801'''"CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) Init. 41.4 Commissioning1B211Tm-2007a § 4.1.5 LEED® certification (B214Tm 2012)(B214 Tm-2007 § m�m�mm"mm..._........ 4.1.6 Furniture, furnishings, and ��..........._.. ��..._._......_� .......................... equipment design B253Tm-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. N/A § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating this Agreement. Except for-: 31vi+ smmttt t ),e erttent Activires.arg required due to the fault of the Construction Manager, any Additional 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 until 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 of the 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 of Work 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 of those services are not required, the Owner shall give prompt written notice to the Construction Manager, and (i) the Owner shall compensate the Construction Manager ger for those services Dcrformed rior to the Construction Manager's receiplofthe fi tter's written And (jWile Q vner; shall have no further obligation to compensate the Construction Manager for thpsq services and the ort5trti boor Manager shall have no further obligation to the Owner to_verform 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. .2 To the extent the Construction Manager's Basic Services are affected, providing Construction Phase Services 60 days after (1) 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 3.3.13. § 4.3.3 If the services covered by this Agreement have not been completed within ( ) 15 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. AIA Document C132TM — 2009 (formerly B801T",CMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale,. User Notes: (1516662126) ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under 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 from the Construction Manager, the Owner shall furnish the requested information as necessary and relevant for 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 B132-2009, 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 shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall 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 reunites" by this Agreement to be e,provided by the Construction Manager, the Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights -of - way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and 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 req ired,_ly_thls Agrecl,i et t kct l provided by the Construction Manager, the Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 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 furnish the services of consultants other than those designated in this Agreement, or authorize the Construction Manager to furnish them as an Additional Service, when the Construction Manager requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance and other liability insurance as appropriate to the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law 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. AIA Document C132TM - 2009 (formerly B801TmCMa - 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1516662126) § 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 fault 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 for 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 of the Work and shall obligate the Contractor to provide the Construction Manager access to the Work wherever it is in preparation or progress. t 5.16 The ser vicesm umtf'©r tt«ttican and ugpop�rt provided by the fawner l tarsuani to this ArticNg,5 sha�NNa rovided tt the Ownr.i lssApense_aatrl 1 ('onstrtrcticrn 'u +Ntt.r7ager sNtatll be en tgtNaal tam N f NyW ua lmma1 tjt eta trr y nd f 'Itp9 teness thereof. ARTICLE 6 COST OF THE WORK § 6,1 For purposes of this Agreement, the Cost of the Work shall he 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, rights - 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 prices will not vary from the budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. § 6.3 if the 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. AIA Document C132T" — 2009 (formerly B801' "CMa— 1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA' 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 AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) Init. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development Phase exceeds the Owner§ 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 of Service. 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 party 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 of the 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 of the 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 consequential 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 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 filing 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 Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the 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 of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. Ifan arbitration AIA Document C132T® — 2009 (formerly B801,®CMa — 1992). Copyright 4 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1516662126) 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 fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Construction Manager do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) Arbitration pursuant to Section 8.3 of this Agreement Litigation in a court of competent jurisdiction Other: (SpecifY) § 8.3 Arbitration § 8.3.1 If the 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 concurrently with the tiling 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 of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction 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 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 of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.43 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 of joinder and consolidation as the Owner and Construction Manager under this Agreement. AIA Document C1321g — 2009 (formerly B801TMCMa — 1992). Copyright 0 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) 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 for 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 If the 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 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. § 9.3 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 dn-the-event-of-iefminatiofv-To the e tetg, jerminalipn y dly PANE inot 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. § 9.7.1 In 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 incurred by reason of such termination and reasonable overhead and profit on Preconstruction services not completed during the Preconstruction 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. 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 AIA 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 AIA Document C132TM — 2009 (formerly B801TMCMa —1992). Copyright © 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under I the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1516662126) 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 certificates 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 hy implicable 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: § 11.1.1 For Preconstruction Phase Services in Section 3.2: (Insert amount of or basis or, compensation, including stipulated sums, multiples or percentages) Lump Sum of $2,600 for 4 months of ['reconstruction Phase Services from 1/22/18-4/30/18. Should the Preconstruction Phase exceed the aboveperiod, the Construction Manager's time shall be billed at the hourly rates set forth in Section 11.5. §11.1.2 For Construction Phase Services in Section 3.3: (Insert amount of or basisPr, compensation, including stipulated sums, multiples or percentages) The ('onstruction Managey shall be paid (ij a fee of 2.25% of the C,ost of the Work defined in Article 6dijilhe Construction Manager's costs for administratirmAnd managing the Projec.rt at the hourly rates_ao folk Section 11.5.1 and (iii) any Reimbursable Expeses. §11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Construction Manager as follows: (Insert amount of or basis or, compensation. If necessary, list specific services to which particular methods of compensation apply.) In the event ()fax additional serviees„, rates shall be as stated in Section 11.5. AIA Document C1321m — 2009 (formerly B801T.CMa — 1992). Copyright 0 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516662126) §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.) In the event of any additional services. rates shall be as, stated in Section 11.5. § 11.4 Compensation for 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 percent ( %), or as otherwise stated below: NIA §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 qf hourly billing rates or insert them below.) 11.5.1 — liourly Rates for administrative and management personnel: Personnel Category Rate Per Hour Project Director/VP/D00 $J, 63,00 Senior Project Manager/Construction Executive $1,36.,00 Project Manager Sl 18.00 Assistant Ply1 project Engineer & Field Engineer $ 91.00 Director of Preconstruction $136,00 Preconstruction Manger/Estimator $118.00 Assistant Estimator $ 91,00 Project Intern Safe Director $125.00 Safety Engineer & Safety Manager $109.00 Qua] ity_Director $145.00 Quality Mana_ger $118.00 MEP Specialist $1.25.00 VDC/BIM 1,105.00 Field Supgrintendent $.115,00 General Superintendent $125.00 Assistant Superintendent $105.00 Project Coordinator, Accounting & Marketing $ 55.00 Compute IT Yard Delivert Safety Director Employee or Category $ 74.00 5. 97.00 $125.00 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; AIA Document CI32TM — 2009 (formerly B801T.CMa — 1992). Copyright 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1516682126) 19 .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; .11 General c(: 'tions ex !).e! (Raves: and -0thef-sim4ar-Projeet-related-wkpen4iftit e5:12. General liability, professional liabilityLand umbrella liability insurance at a rate of .075% of the cost of the Construction Mapagers ?reconstruction and Construction Phase services ancl reimbursable expenses. § 11.6.2 For Reimbursable Expenses the compensation shall he the expenses incurred by the Construction Manager and the Construction Manager's consultants plus two percent ( 2 %) of the expenses incurred. § 11.7 Payments to the Construction Manager § 11.7.1 An initial payment of zero ($ 0.00 ) shall be made upon execution of this 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 from 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 inteiest as set firth bx Minnesota Statute 549.09, § 11.7.3 The Owner shall not withhold amounts from 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: § 12,1 DOCUSIGN ELECTRONIC SIGNING SYSTEM. The Construction Manager has an agreement with DocuSi Inc, ("DocuSign") with respect to the DocuSign electronic signing system (the "DoctiSign System":_h_The DocuSign System may__belised tnfacifitate the administration and execution of the Owner's Construction Contracts with the Multiple_Prime Contractors, as well as various other Contract Documents requiring signatures. Should the Owner elect to have the Construction Manager use the DocuSign Systelnyvith respect to any portion of the Project the °WIWI' acknowledges and agrees that Jj) the Owner conducted its OWI1 independent investigation and evaluation as to all legal and other considerations related to its decision to use the DocuSign System on the Project (ii) the Owner did not rely _ advice .e ommendations or rgpresentations of the Construction Mana ,er in mak in the Owner's independent determination to use the DocuSjgo System on the Project, (iii) the Construction IVItinager and DocuSign are not affiliated with each other and the Construction Manager does not warrant _guarantee any portion of the DocuSigp System, (iv) the Construction Manager does not warrant or_guarantee that the 1)ociL_Sigri_system compfies 11/1.1k Or satisfies any_legal requirements applicable to its use on the Prs2ject and (v) tothc fullest eteiit j t1iJyJaw.the Owner waives,_and shall hold harmless and indemnify_the Construction Manager from and against all claims causes of action costs expenses mid damages ( i nein(' ogreasonable attorneys .feesiar sj rig out offfsesujting frenn thelise of the DocuSign Stem on the Project. AIA Document C132T® — 2009 (formerly 138011CMa — 1992). Copyright 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of on this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ^-v the law. This document was produced by AIA software at 14:39:43 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1516662126) 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 C132Tm-2009, Standard Form Agreement Between Owner and Construction Manager as Adviser .2 AIA Document E201Tm-2007, Digital Data Protocol Exhibit, if completed, or the following: N/A .3 AIA Document E202Tm-2008, Building Information Modeling Protocol Exhibit, ifcompleted, or the following: N/A .4 Other documents: (List other documents, if any, including additional scopes of service a g part of the Agreement.) Exhibit 1 201 /3. Tools/Equipmertt_Itates This Agreement is entered into as of the day and year first written above. City of Stillwater Kraus-Andersonl,) Construction Company_ OWNER (Signature) CONSTRUCTION MANAGER (Signature) (Printed name and title) (Printed name and title) AIA Document C132T® — 2009 (formerly B801,"CMa — 1992). Copyright 0 1973, 1980, 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21 this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1516662126) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with this certification at 14:39:43 on 01/29/2018 under Order No. 2401495325 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of A1A® Document C132TM — 2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser , as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright Q 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:39:43 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1516662126) KRAUS-ANDERSON,„ Construction Company EXHIBIT 1 2018 TOOLS/EQUIPMENT RATES Most Often Rented Tools Rates are based on 8 Hr. day, 40 Hr. week, 176 Hr. Month (22 Days) 'Cool Description ekly Rate Air Compressor 185 CFM- Diesel $343.40 Air Compressor Twin Tank- Flee $140.25 ATV- Ranger 2- Passenger $260.95 Blanket- Insulated $43.44 Bobcat - Auger Head - Round/Hex Shaft $374.00 Bobcat Attachments- Forks $131.75 Bobcat Attachments- Grappler Bucket $238.00 Bobcat Attachments- Hydro Hammer $481.10 Bobcat Attachments- Sweeper w/Attachmcnts $323.00 Bobcat- Skid Steer Bobcat $580,55 Carpet Tools- Carpet Puller $183.32 Cart -Trash Cart- 1 Yard $76.50 Compactor- Jumping Jack $255.00 Compactor- Plate Tamper $195.00 Containment Unit $55.55 Cut -Out Tool/Roto-Zip $35.42 Drill- SDS Roto Hammer Max $127.50 Drill- Hammer SDS Roto Hammer 3/8" Corded $83.30 Drill- Hammer SDS Roto Hammer 3/8" Cordless $114.75 Drill- 18 Volt $34.85 Drill- Right Angle 3/8" $2 .61 Fan - 36" Barrel $44.39 Fan- Pedestal Fan Forklift- Rough Terrain 5,000#- Forklift- Pneumatic $63.66 $864.45 $527.85 Forklift- Rough Terrain 10,000#- Gang Box- Chest Type $1,337.90 $29.28 Generator 3800 Watts $127.50 Generator- Elec Generator 6500 watt $170.00 Glass Cup $16.67 Grinder- 7" $49.30 Grinder- Floor Vacuum $170.00 Grinder- 4 1/2" $30.22 Ground Thaw- 2000 sf $1,897.94 Hammer- Jack Hammer- Electric 60# $77.44 Heater- Milk House Heatcr Heater Vented Heppa Aire Scrubber- 2000CFM $11.11 $134.61 $160,54 1/19/2018 Equipment Description Weekly Rate Jobsite Office Trailer- 8' x 36' ... 83.32 Jobsite Office Trailer- 10' x 40' $205.54 Jobsite Office Trailer- 12' x 60' $261.09 Ladder- Extension 24' $29.06 Ladder- Extension 32' $42.62 Ladder- Step, 6', Fiberglass $ 13.70 Laser- Laser Level- Rotating $59.50 Lift- Scissor Lift 19' Reach $250.25 Mixer- Mixer Concrete $208.25 Nailer- Air/Pneumatic- Framing $57.80 Nailer- Coil Roofing $66.30 Nailer- Powder Actuated $77.91 Panther- Floor Stripper $1,848.75 Planer- Door $49.11 Pressure Washer - Gas $178.48 Pump Water- 2" Trash $105.55 Router $29.75 Sander - Belt, 3" x 21" $43.35 Saw- Circular 7-1/4" _ $29.75 Saw- Compound Miter Sliding 12" $84.99 Saw- Partner- Electric $118.99 Saw- Partner- Gas $118.99 Saw- Port -a -Band $74.61 Saw- Sawzall Cut Saw $41.55_ Saw- Table- 10" $1 19.00 Saw- Walk Behind Concrete Saw $178.48 Survey- Eye Level $103.88 Sweeper- Walk Behind- Battery Powered $281.42 Wheelbarrow $16.05 Eonsumables Price Broom - Push - Fine Bristle $29.25 Broom - Push - Coarse Heavy Duty - 4" Bristle $43.85 Poly - 6 Mil -Clear - 12x100 roll $68.31 Poly - 6 Mil -Reinforced - 12 x100 Roll $84.00 Shovel- Aluminum Scoop $36.00 501hs Sweeping Compound $17.50 Walk Off Mats - 36" x 24" Pkg (30 pulls)**** $30.00 St. Croix Valley Recreation Center Page 1 of 1 drk Init. Document A232TM - 2009 General Conditions of the Contract for Construction, Construction Manager as Adviser Edition for the following PROJECT: (Name, and location or address) St, Croix Vallgy Recreation Center Remodel and Fxpansion Project 1675 Market Drive Stillwater, MN 55082 THE CONSTRUCTION MANAGER: (Name, legal status and address) Icraus-A.ndersonR Construction Comma 5'25Sputh Eighth Street Milittqapolis 5540, THE OWNER: (Name, legal status and address) City of Stillwater 216 North Fourth Street Stillwater, MN 55082 THE ARCHITECT: (Name, legal status and address) HDR, Inc. 600 Hennepin Avenue, Suite 260 Minneapolis. MN 55403 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Documents A1321 m-2009, Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition; B132TM_2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132Tm- 2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232."" - 2009 (rev. 12/11) (formerly A201TMCMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT AND CONSTRUCTION MANAGER 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES AIA Document A232TM — 2009 (rev. 12/11) (formerly A201T1CMa — 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AM® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) Init. INDEX (Topics and numbers in bold are section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2.1, 3.2.2, 3.3.2, 3.12.8, 3.18, 8.3.1, 9.5.1, 10.1, 10.2.5, 13.4.2, 13.7 Addenda 1.1.1,3.11,4.2.14 Additional Costs, Claims for 3.2.4, 3.7.4, 3.7.5, 6.1.1, 7.3, 9.10.3, 9.10.4, 10.3, 10.4, 15.1.4 Additional Inspections and Testing 4.2.8, 12.2.1, 13.5 Additional Insured 11.1.4 Additional Time, Claims for 3.7.4, 3.7.5, 6.1.1, 7.3, 8.3, 10.3 Administration of the Contract 3,10, 4.2 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.19 Allowances 3.8, 7.3.8 All-risk Insurance 11.3.1, 11.3.1.1 Applications for Payment 4.2.7, 4.2.15, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.7, 9.8.3, 9.10.1, 9.10.3, 9.10.5, 11.1.3, 14.2.4 Approvals 2.1.1, 2.2.2, 2.4, 3.1.4, 3.10.1, 3.10.2, 3.12.4 through 3.12.10, 3.13.2, 3.15.2, 4.2.9, 9.3.2, 13.4.2, 13.5 Arbitration 8.3.1, 11.3.10, 13.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Certificates for Payment 9.4 Architect, Definition of 4.1.1 Architect, Extent of Authority 5.2, 7.1.2, 7.3.7, 7.4, 9.3.1, 9.4, 9.5, 9.8.3, 9.8.4, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.5.1, 13.5.2, 15.1.3, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.8, 4.2.1, 4.2.2, 4.2.8, 4.2.13, 5.2.1, 9.6.4, 15.2 Architect's Additional Services and Expenses 2.4, 11.3.1.1, 12.2.1, 12.2.4, 13.5.2 Architect's Administration of the Contract 4.2, 9.4, 9.5, 15.2 Architect's Approvals 3.12.8 Architect's Authority to Reject Work 4.2.8, 12.1.2, 12.2.1 Architect's Copyright 1.5 Architect's Decisions 4.2.8, 7.3.9, 7.4, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.9.2, 13.5.2, 14.2.2, 14,2,4, 15.2 Architect's Inspections 3.7.4, 4.2, 9.8.3, 9.9.2, 9.10.1, 13.5 Architect's Instructions 3.2.4, 7.4, 9.4 Architect's Interpretations 4.2.8, 4.2.17, 4.2.18 Architect's On -Site Observations 4.2.2, 9.4, 9.5.1, 9.10.1, 12.1.1, 12.1.2, 13.5 Architect's Project Representative 4.2.16 Architect's Relationship with Contractor 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4,2, 3.5, 3.7.4, 3.9.2, 3.9.3, 3.10, 3.11, 3.12.8, 3.16, 3.18, 4.2, 5.2, 6.2.2, 8.2, 11.3.7, 12.1, 13.5 Architect's Relationship with Construction Manager 1.1.2, 9.3 through 9.10, 10.3, 13.5.1, 10.3, 11.3.7, 13.4.2, 13.5.4 Architect's Relationship with Subcontractors 1.1.2, 4.2.8, 5.3, 9.6.3, 9.6.4 Architect's Represcntations 9.4, 9.5, 9.10.1 Architect's Site Visits 4.2.2, 9.4, 9.5.1, 9.8.3, 9.9.2, 9.10.1, 13.5 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.10.2, 10.3.3 Award of Other Contracts 6.1.1,6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 5.2.1, 11.4.1 Binding Dispute Resolution 9.7, 11.3.9, 11.3.10, 13.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.4.1 AIA Document A232" - 2009 (rev. 12/11) (formerly A201,.CMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. Boiler and Machinery Insurance 11.3.2 BONDS, INSURANCE AND 11 Bonds, Lien 7.3.7.4, 9.10.3 Bonds, Performance and Payment 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 Building Permit 2.2.2, 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.2, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 15.1.3 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.3.2, 9.10.2, 11.1.3 Change Orders 1.1.1, 2.4, 3.4.2, 3.7.4, 3.8.2, 3.11, 3.12.8, 4.2.12, 4.2.13, 4.2.14, 5.2.3, 7.1.1, 7.1.2, 7.2, 7.3.2, 7.3.4, 7.3.6, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.3.1.2, 11.3.4, 11.3.9, 12.1.2, 15.1.3 Change Orders, Definition of 7.2 Changes 7.1 CHANGES IN THE WORK 2.2.1, 3.4.2, 3.11, 3.12.8, 4.2.13, 4.2.14, 7, 8.3.1, 9.3.1.1 Claims, Definition of 15.1.1 CLAIMS AND DISPUTES 1.1.8, 3.2.4, 3.7.5, 6.1.1, 7.3.9, 8.3.2, 9.3.3, 9.10.3, 9.10.4, 10.3.3, 15, 15.4 Claims for Additional Cost 3.2.4, 3.7.5, 6.1.1, 7.3.9, 9.10.3, 9.10.4, 10.3.2, 10.4, 15.1.4 Claims for Additional Time 3.2.4, 3.7.5, 7, 8.3.2, 10.4, 15.1.5 Concealed or Unknown Conditions, Claims for 3.7 Claims for Damages 3.2.4, 3.18, 6.1.1, 6.2.5, 8.3.2, 9.3.3, 9.5.1.2, 9.10.2, 9.10.5, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 15.1.6 Cleaning Up 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencement of the Work, Definition of 8.1.2 Communications, Owner to Architect 2.2.6 Communications, Owner to Construction Manager 2.2.6 Communications, Owner to Contractor 2.2.6 Communications Facilitating Contract Administration 3.9.1, 4.2.6 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.15, 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.12.8, 4.2.12, 4.2.13, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Manager, Building Permits 2.2.2 Construction Manager, Communications through 4.2.6 Construction Manager, Construction Schedule 3.10.1, 3.10.3 CONSTRUCTION MANAGER 4 Construction Manager, Definition of 4.1.2 Construction Manager, Documents and Samples at the Site 3.11 Construction Manager, Extent of Authority 3.12.7, 3.12.8, 4.1.3, 4.2.1, 4.2.4, 4.2.5, 4.2.9, 7.1.2, 7.2, 7.3.1, 8.3, 9.3.1, 9.4.1, 9.4.2, 9.4.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 12.1, 12.2.1, 14.2.2, 14.2.4 Construction Manager, Limitations of Authority and Responsibility 4.2.5, 4.2.8, 13.4.2 Construction Manager, Submittals 4.2.9 Construction Manager's Additional Services and Expenses 12.2.1 Construction Manager's Administration of the Contract 4.2, 9.4, 9.5 Construction Manager's Approval 2.4, 3.10.1, 3.10.2 AIA Document A232TM — 2009 (rev. 12/11) (formerly A201TMCMa — 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. Construction Manager's Authority to Reject Work 4.2.8, 12.2.1 Construction Manager's Decisions 7.3.7, 7.3.9, 9.4.1, 9.5.1 Construction Manager's Inspections 4.2.8, 9.8.3, 9.9.2 Construction Manager's On -Site Observations 9.5.1 Construction Manager's Relationship with Architect 1.1.2, 4.2.1, 4.2.7, 4.2.8, 4.2.9, 4.2.13, 4.2.15, 4.2.16, 4.2.20, 9.2.1, 9.4.2, 9.5, 9.6.1, 9.6.3, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9,10.3, 11.1.3, 12.2.4, 13.5.1, 13.5.2, 13.5.4, 14.2.2, 14.2.4 Construction Manager's Relationship with Contractor 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.6, 3.12.7, 3.12.8, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.2, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 4.2.6, 4.2.9, 4.2.14, 4.2.17, 4.2.20, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.7, 9.8.2, 9.8.3, 9.8.4, 9.9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Construction Manager's Relationship with Owner 2.2.2, 4.2.1, 10.3.2 Construction Manager's Relationship with Other Contractors and Owner's Own Forces 4.2.4 Construction Manager's Relationship with Subcontractors 4.2.8, 5.3, 9.6.3, 9.6.4 Construction Manager's Site Visits 9.5.1 Construction Schedules, Contractor's 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.3 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 11.3.9, 14 Contract Administration 3.1.3, 4.2, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.2.5, 5.3 Contract Documents, Definition of 1.1.1 Contract Performance During Arbitration 15.1.3 Contract Sum 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.3.1.1, 12.3, 14.2.4, 14.3.2, 15.1.4, 15.2.5 Contract Time 3.7.4, 3.7.5, 4, 3.10.2, 5.2.3, 7.2.3, 7.3.1, 7.3.5, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 14.3.2, 15.1.5.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1.1 Contractor's Construction Schedules 3.10, 3.12.1, 3.12.2, 6.13, 15.1.5.2 Contractor's Employees 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.1.1, 11.3.7,14.1,14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Other Contractors and Owner's Own Forces 3.12.5, 3.14.2, 4.2.6, 6, 11.3, 12.1.2, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 3.3.2, 3.18, 5, 9.6.2, 9.6.7, 9.10.2, 11.3.1.2, 11.3.7, 11.3.8, 14.2.1.2 Contractor's Relationship with the Architect 1.1.2, 1.5, 3.2.2, 3.2.3, 3.2.4, 3.4.2, 3.5, 3.7.4, 3.10.1, 3.11, 3.12, 3.16, 3.18, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Contractor's Relationship with thc Construction Manager 1.1.2, 3.2.2, 3.2.3, 3.3.1, 3.5, 3.10.1, 3.10.2, 3.10.3, 3.11, 3.12.5, 3.12.7, 3.12.9, 3.12.10, 3.13.2, 3.14.2, 3.15.1, 3.16, 3.17, 3.18.1, 4.2.4, 4.2.5, 5.2, 6.2.1, 6.2.2, 7.1.2, 7.3.5, 7.3.7, 7.3.10, 8.3.1, 9.2, 9.3.1, 9.4.1, 9.4.2, 9.8.2, 9,9.1, 9.10.1, 9.10.2, 9.10.3, 10.1, 10.2.6, 10.3, 11.3.7, 12.1, 13.5.1, 13.5.2, 13.5.3, 13.5.4 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10.2, 3.11, 3.12, 4.2.9, 9.2, 9.3, 9.8.2, 9.9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 4.2.5, 4.2.7, 6.1, 6.2.4, 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 AIA Document A232"' - 2009 (rev. 12/11) (formerly A201..CMa - 1992). Copyright IP 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) Init. Contractual Liability Insurance 11.1.1.8, 11.2,11.3.1.5 Coordination and Correlation 1.2, 3.2, 3.3.1, 3.10, 3.12.6, 6.1.2, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.2.5, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.3, 2.4, 9.4.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 Correlation and Intent of the Contract Documents 1.2 Costs 2.4, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.6, 7.3.7, 7.3.8, 7.3.9, 11.3.1.2, 11.3.1.3, 11.3.4, 11.3.9, 12.1, 12.2.1, 13.5, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Other Contractors 3.14.2, 6.2.4, 9,5.1.5, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 11.3.1, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.2, 10.3.3, 11.1.1, 11.3.5, 11.3.7, 14.2.4, 15.1.6 Damages for Delay 6.1.1, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 15.1.5 Date of Commencement ofthe Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.7, 4.2.8, 4.2.10, 4.2.11, 4.2.13, 4.2.15, 4.2.16, 4.2.17, 4.2.18, 4.2.19, 4.2.20, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5, 9.8.3, 9.8.4, 9.9.1, 10.1.2, 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions of the Construction Manager 7.3.7, 7.3.8, 7.3.9, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.3, 2.4, 3.5, 4.2.8, 6.2.5, 9.5.1, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1, 12.2.2 Definitions 1.1,2.1.1,3.1.1, 3.12.1,3.12.2,3.12.3, 4.1.1, 4.1.2, 7.2, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.5, 15.2.5 Disputes 7.3.8, 7.3.9, 9.3, 15.1, 15.2 DISPUTES, CLAIMS AND 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 15, 15.4 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Ownership and Use 1.1.1,1.5,2.2.5,3.11, 5.3 Duty to Review Contract Documents and Field Conditions 3.2 Effective Date of Insurance 8.2.2, 11.1.2 Emergencies 10.4, 14.1.1.2, 15.1.4 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.1, 3.18.2, 423, 4.2.6, 10.2, 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and or 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.13.1, 3.15.1, 4.2.8, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3.3.1, 3.4.1, 3.5, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.3, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.5, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 13.6, 14.1.1.3, 14.1.3, 14.2.1.2, 15.1.4 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.15, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, 12.3, 15.2.1 Financial Arrangements, Owner's 2.2.1 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty and Warranties) Hazardous Materials 10.2.4, 10.3 Identification of Contract Documents 1.2.1 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.18, 9.10.2, 10.3.3, 10.3.5, 10.3.6, 11.3.1.2, 11.3.7 Information and Services Required of the Owner 2.1.2, 2.2, 4.2.6, 6.1.2, 6.2.5, 9.6.1, 9.6.4, 9.8, 9.9.1, 9.10.3, 10.3.2, 10.3.3, 11.2, 11.3.4, 13.5.1, 13.5.2, 14.1.1.4,14.1.3, 15.1.2 Initial Decision 15.2 AIA Document A232TM - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) Init. Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Extent of Authority 14.2.2, 14.2.4, 15.1.3, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 3.18.1, 10.2.1, 10.2.2, 10.2.8, 10.3, 10.3.3, 10.4, 11.1.1 Inspections 3.1.3, 3.7.1, 4.2.2, 9.8.2, 9.9.2, 9.10.1, 13.5 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.1.4, 3.3.3, 3.7.1, 4.2.4, 5.2.1, 7, 8.2.2, 12.1, 13.5.2 Instruments of Service, Definition of 1.1.7, 1.5, 1.6 Insurance 6.1.1, 7.3.7, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Boiler and Machinery 11.3.2 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 11.1.2 Insurance, Loss of Use 11.3.3 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.3 Insurance, Stored Materials 9.3.2, 11.3.1 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1, 11.3.1.5 Insurance Companies, Settlement with 11.3.10 Intent of the Contract Documents 1.2, 4.2.18, 4.2.19, 7.4 Interest 9.7, 13.6 Interpretation 1.4, 4.2.8, 4.2.17, 4.2.18 Interpretations, Written 4.2.17, 4.2.18, 4.2.20 Joinder and Consolidation of Claims Required 15.4.4 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 3.15.1, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 9.6, 9.10.2, 10.2.1.2, 11.3.1, 14.2.1, 14.2.2 Labor Disputes 8.3.1 Laws and Regulations 3.2.3, 3.2.4, 3.7, 3.13.1, 10.2.2, 10.2.3, 13.5.1, 14.2.1 Liens 2.1.2, 9.3.3, 9.10.2, 9.10.4, 15.2.8 Limitation on Consolidation or Joinder 15.4.4 Limitations, Statutes of 15.4.1 Limitations of Authority 3.12.4, 4.1.3, 4.2.16 Limitations of Liability 9.6.7, 11.1.1, 12.2 Limitations of Time 3.10.1, 4.2.17, 4.2.20, 8.2.1, 9.3.3, 9.6.1, 9.8.4, 9.10.2, 10.2, 11.1.3, 12.1.1, 12.2.2.2, 12.2.5, 13.7, 14.1.1, 15.2.6.1 Loss of Use Insurance 11.3.3 Material Suppliers 1.5.1, 1.5.2, 3.12, 4.2.6, 4.2.8, 9.3.1, 9.3.1.2, 9.3.3, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.5, 11.3.1 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.5.1, 1.5.2, 3.4, 3.5, 3.8.2, 3.8.3, 3.12.2, 3.12.3, 3.12.6, 3.12.10, 3.13.1, 5.2.1, 6.2.1, 9.3.1, 9.3.2, 9.3.3, 9.5.1, 9.5.3, 9.6.4, 9.6.5, 9.6.7, 9.10.2, 9.10.5, 10.2.1, 10.2.4, 10.3 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.5, 4.2.11 Mechanic's Lien 2.1.2, 15.2.8 Mediation 8.3.1, 10.3.5, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1 Minor Changes in the Work 1.1.1, 3.12.8, 4.2.13, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 3.11, 4.1.3, 4.2.14, 5.2.3, 7, 11.3.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.4.3, 9.8.3, 12.3 Nonconforming Work, Rejection and Correction of 2.3, 2.4, 3.2.3, 3.7.3, 9.4.3.3, 9.8.2, 9.8.3, 9.9.1, 11,11, 12.2.2.1, 12.2.3, 12.2.4, 12.2.5 Notice 1.5, 2.1.2, 2.2.1, 2.4, 3.2.4, 3.3.1, 3.7.1, 3.7.2, 3.7.5, 3.9.2, 3.12.9, 5.2.1, 6.3, 9.4.1, 9.7, 9.10.1, 9.10.2, 10.2.2, 10.2.6, 10.2.8, 10.3.2, 11.3.6, 12.2.2.1, 13.3, 13.5.1, 13.5.2, 14.1.2, 14.2.2, 14.4.2, 15.1.2, 15.1.4, 15.1.5.1, 15.2, 15.4.1 AIA Document A232" — 2009 (rev. 12/11) (formerly A201TmGMa — 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA o Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 7 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Notice of Claims 3.7.2, 10.2.8, 15.1.2, 15.4.1 Notice of Testing and Inspections 13.5.1, 13.5.2 Notices, Permits, Fees and 3.7, 7.3.7, 10.2.2 Observations, On -Site 3.2.1, 9.5.1, 12.1.1 Occupancy 2.2.2, 9.6.6, 9.9, 11.3.1.5 On -Site Inspections 4.2.2, 9.10.1, 9.4.4, 9.5.1 Orders, Written 4.2.7, 4.2.18, 4.2.20 Other Contracts and Contractors 1.1.4, 3.14.2, 4.2.9, 6, 11.3.7, 12.1.2 OWNER 2 Owner, Definition of 2.1.1 Owner, Information and Services Required of the 2.1.2, 2.2, 4.2, 6.1.2, 6.1.3, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.2, 10.3.3, 11.2, 11.3, 13.5.1, 13.5.2, 14.1.1, 14.1.3, 15.1.3 Owner's Authority 1.5, 2.1.1, 2.3, 2.4, 3.4.2, 3.12.10, 3.14.2, 4.1.2, 4.1.3, 4.2.8, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2, 7.3.1, 8.2.2, 9.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.3.3, 11.3.10, 12.2.2.1, 12.3, 13.5.2, 14.2, 14.3.1, 14.4, 15.2.7 Owner's Financial Capability 2.2.1, 13.2.2, 14.1.1 Owner's Liability Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2.1, 5.3, 5.4.1, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.5,1.5, 1.6,3.11,3.12.10,3.17,4.2.14, 4.2.18, 4.2.20 Partial Occupancy or Use 9.9, 11.3.1.5 Patching, Cutting and 3.14, 6.2.5 Patents and Copyrights, Royalties 3.17 Payment, Applications for 4.2.1, 4.2.7, 4.2.15, 7.3.9, 9.2,9.3,9.4, 9.5, 9.7, 9.10.1, 9.10.3,9.10.5, 11.1.3 Payment, Certificates for 4.2.15, 7.3.9, 9.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 15.1.3 Payment, Failure of 9.4.1, 9.5, 9.7, 14.1.1.3 Payment, Final 4.2.1, 9.8.2, 9.10, 11.1.2, 11.3.1, 11.3.5, 12.3, 15.2.1 Payment Bond, Performance Bond and 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Payments, Progress 9.3.1, 9.4.2, 9.6 PAYMENTS AND COMPLETION 9, 14 Payments to Subcontractors 5.4.2, 9.3, 9.5.1.3, 9.5.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 9.10.5, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 5.4.1, 7.3.7, 9.6.7, 9.10.2, 9.10.3, 11, 11.4 Permits, Fees, Notices and Compliance with Laws 2.2.2, 3.7, 7.3.7.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14 Progress and Completion 8.2, 9.3.1, 9.4.2, 9.6, 9.8, 9.10, 14.2.4, 15.1.6 Progress Payments 9.3.1, 9.4.2, 9.6 Project, Definition of 1.1.4 Project Representatives 4.2.16 Property Insurance 10.2.5, 11.3 Project Schedule 3.10.1, 3.10.3, 3.10.4, 4.2.2, 4.2.3, 4.2.4 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4.1.1, 9.6.4, 9.9.1, 10.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1, 15.2.8, 15.4 Rejection of Work 3.5, 4.2.8, 12.2.1 Releases of and Waivers and of Liens 9.10.2 AIA Document A232 T'" - 2009 (rev. 12/11) (formerly A201,.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. Representations 1.3, 2.2.1, 3.5, 3.12, 6.2.2, 8.2.1, 9.3.3, 9.4.3, 9.5.1, 9.8.2, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.1, 4.2.2, 4.2.10, 5.1.1, 5.1.2, 13.2.1 Requests for Information 4.2.20 Resolution of Claims and Disputes 15 Responsibility for Those Performing the Work 3.3.2, 3.7.3, 3.12.8, 3.18, 4.2.2, 4.2.5, 4.2.8, 5.3, 6.1.2, 6.2, 6.3, 9.5.1, 9.8.2, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 1.2.2, 3.2, 3.7.3, 3.12.7 Review of Contractor's Submittals by Owner, Construction Manager and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 5.2, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12.5 Rights and Remedies 1.1.2, 2.3, 2.4, 3.7.4, 3.15.2, 4.2.8, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 13.4, 14, 15,4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4 Safety of Persons and Property 10.2, 10.3, 10.4 Safety Precautions and Programs 3.3.1, 3.12, 4.2.5, 5.3,10.1, 10.2, 10.3, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.9, 4.2.10 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.2, 15.1.5.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.6, 4.2.11, 6, 8.3.1, 12.1.2 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.9, 4.2.10, 4.2.14 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2.2, 4.2.3, 4.2.15, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 13.5 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.15, 9.8.3, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.8, 12.2.1, 13.5 Specifications, Definition of 1.1.6 Specifications 1.1.1,1.1.6, 1.2.2, 1.5, 3.11, 3.12.10, 3.17, 4.2.14 Staffing Plan 4.2.3 Statute of Limitations 12.2.5, 13.7, 15.4.1.1 Stopping the Work 2.3, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 4.2.5, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 93.1.2, 9.6.2, 9.6.3, 9.10, 10.2.1, 14.1, 14.2 Submittals 3.2.3, 3.10, 3.11, 3.12, 4.2.9, 4.2.10, 4.2.11, 5.2.1, 5.2.3, 7.3.7, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.9, 4.2.10 Subrogation, Waivers of 6.1.1,11.3.7 Substantial Completion 8.1.1, 8.1.3, 8.2.3, 9.4.3.3, 9.8, 9.9.1, 9.10.3, 12.2.1, 12.2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 4.1.4 Substitution of Construction Manager 4.1.4 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.3, 4.2.5, 4.2.8, 4.2.9, 4.2.10, 4.2.11, 6.1.3, 6.2.4, 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.3.3, 10, 12, 14, 15.1.3 AIA Document A232"4 - 2009 (rev. 12/11) (formerly A201TMCMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) Init. Surety 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Surety, Consent of 9.10.2, 9.10.3 Surveys 1.1.7, 2.2.3 Suspension by the Owner for Convenience 14.3 Suspension of the Work 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.7.4 Termination by the Contractor 14.1, 15.1.6 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.6 Termination by the Owner for Convenience 14.4 Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.4, 3.3.3, 4.2.2, 4.2.6, 4.2.8, 9.4.3.3, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.5 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2, 7.3.1, 7.4, 8.3, 9.5.1, 10.3.2, 14.3.2, 15.1.5, 15.2.5 Time Limits 2.1.2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.1, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.4.2, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.4, 12.2, 13.5, 13.7, 14, 15 Time Limits on Claims 3.7.4, 10.2.8, 13.7, 15.1.2 Title to Work 9.3.2, 9.3.3 Transmission of Data in Digital Form 1.6 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 7.3.4 Use of Documents 1.1.1, 1.5, 2.2.5, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Construction Manager 13.4.2 Waiver of Claims by the Contractor 9.10.5, 13.4.2, 15.1.6 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.4.2, 14.2.4, 15.1.6 Waiver of Consequential Damages 14.2.4, 15.1.6 Waiver of Liens 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1,11.3.7 Warranty 3.5, 4.2.15, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2 Weather Delays 15.1.5.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.3, 9.3.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 10.3.2, 11.4.1, 13.2, 13.4.2, 15.4.4.2 Written Interpretations 4.2.17, 4.2.18 Written Notice 2.3, 2.4, 3.3.1, 3.9, 3.12.9, 3.12.10, 5.2.1, 5.3, 5.4.1.1, 8.2.2, 9.4, 9.5.1, 9.7, 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 13.5.2, 14, 15.4.1 Written Orders 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 15.1.2 AIA Document A232 TM - 2009 (rev. 12/11) (formerly A201TMCMa — 1992). Copyright CO 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) 10 ARTICLE 1 GENERAL PROVISIONS § 1,1 Basic Definitions § 1.1.1 The Contract Documents. The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement), and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, Peribrtnance Bond or Performance -Labor Material Bond,i f requiedSontractor's13id other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of addenda relating to bidding requirements). § 1.1.2 The Contract. The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and the Construction Manager or the Construction Manager's consultants, (3) between the Owner and the Architect or the Architect's consultants, (4) between the Contractor and the Construction Manager or the Construction Manager's consultants, (5) between the Owner and a Subcontractor or Sub -subcontractor (6) between the Construction Manager and the Architect, or (7) between any persons or entities other than the Owner and Contractor. The Construction Manager and Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of their duties. § 1.1.3 The Work. The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by other Multiple Prime Contractors and by the Owner' s own forces, including persons or entities under separate contracts not administered by the Construction Manager. § 1.1.5 The Drawings. The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.6 The Specifications. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker. The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 Correlation and Intent of the Contract Documents § 1.2,1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Coniftlefor,ContractorlinTropermpratingsondition, The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A232TM - 2009 (rev. 12/11) (formerly A201",CMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 11 this AIA 0 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any tl=ftd. ,trade,unless it ismecified that a subcontract include specific pbases or elements to complete a certainpart of the Work for reasons of coordination or revonsibility„, Where the Specification has been divided into sections, it is for convenience in use. The Architect aSSUMCS no rmonsibilityfor proper_placement ofpbases of the Wprls jptp_ths,proper division or section nor the arrangement of Work shown on the Drawings. Die Architect shall not be obligated to enter intcthirisdictional or other disputes as a result of the organizationLarrangement or location of parts of the Work in Specifications or on Drawings,por to serve as arbiter to establish subcontract limits. Unless otherwise specified,the scope of work of each section shall be to fiirnish labor, materials equipment,skill, erection, installation, services and related items Ibr thephase of work of that sectionjts required by the, Drawings aupesified or,as otherwise required to provide and complete the entire work of the section. § 1,2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. L,2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meaning_s. §1.2.5 The general character and scope oldie Work is called for by the Contract Documents. Where a portion of the Work is fullydrawn and the remainder is merelyindicated, the portion fully drawn shall allply tn all sjmilarpalls_ofthe Work. Drawinz intended primarily as information for one trade may not necessarily show the work of other trades which shall not be construed as there being no related tnaterials or aCtreent work. §_12.6 nensions shall be followed in preference to measurement by scale. In the event oldiscrepancies between Drawings, j)etween Drawingand Specifications or between Specifications. the intent shall be intejp,ete.by the Architect, which shall be binding, on the Contractor. Where a dimension may he missing, the Work shall be accomplished in accordance with the directions and dimensions_provided by the Architect. Dimensions_on 1)rawings, as well as detail Drawings themselveslare subject in every case to measurements of existing,fidjacent, incorporated and completed work which shall he taken by the Contractor before undertal_ jiLe.w, any work dependent upon such data. I)imensionspertaining to the Work shall be verified at site by Contractor. §1.2.7 Where Specifications are of the abbreviated or "streamlined" type, they shall be construed as complete sentences, as shall notes on the drawings. Omission of Words such its "the'.., "the Contrtictor shall", and "as shown on the drawgs" is intentional. The words "shall" or l'shall be" are to he supplied 12y inference. Imperative or directive instructiondirections or specifications apply and refer to the Contractor. The words ",synimetricrd" and "similar" arc used in the_general sense and need not mean "identical". i1.2.8 Where a number is sacified las for gauges, weights, temperatures, an amount offline, and similar references) and the specified number cannot be obtainedthe number shall be interpreted as the next better, as available. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. §1.5 Ownership and Use of Drawings, Specifications and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, sub -subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect, or Architect's consultants' reserved rights. AIA Document A232"' - 2009 (rev. 12/11) (formerly A201'..CMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 12 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 1.6 Transmission of Data in Digital Form If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Article 4, the Construction Manager and the Architect do not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1,2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Information and Services Required of the Owner § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if(I) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Unless otherwise provided under the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. § 2.2.3 PieExcept as otherwise required by the Contract Documents the Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.2.6 The Owner shall endeavor to forward all communications to the Contractor through the Construction Manager and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. AIA Document A232" - 2009 (rev. 12)11) (formerly A201,"CMa - 1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 13 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) § 2.3 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day-seven:da_y_ period after receipt of written notice from the Owner to the Contractor and its surety, if any, to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such detleieneies',-deficiencies or require the Contractor 's stirety_to assume the obliptions of the Contractor. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor or its surety_the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Construction Manager's and Architect's and their respective consultants' additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approya-l-coneurrence of the Architect, after consultation with the Construction Manager. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor or its surety,_ shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3,1.2 The plural term "Multiple Prime Contractors" refers to persons or entities who perform construction under contracts with the Owner that are administered by the Construction Manager. The term does not include the Owner's own forces, including persons or entities under separate contracts not administered by the Construction Manager. § 3.1.3 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.4 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Manager or Architect in their administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. The Contractor also regresents that all Cqntract Documents for the Project have been examined,,including those intended for work of trades not normally performed by the Contractor's own forces, and the Contractor has become thoroughly familiar with all conditions which rnay_perttiln to or affect thp Work under this Contract. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Construction Manager and Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information submitted to the Construction Manager in such form as the Construction Manager and Architect may require. It is recognized that the Contractor's review is made in the AIA Document A232Tm - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright* 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA w Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Alike 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Construction Manager and Architect any nonconformity discovered by or made known to the Contractor as a request for information submitted to Construction Manager in such form as the Construction Manager and Architect may require. § 3.2.4 IT the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's hest skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instruction concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner, the Construction Manager, and the Architect and shall not proceed with that portion of the Work without further written instructions from the Architect, through the Construction Manager. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner -required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions ofthe Project already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in thc Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect, in consultation with the Construction Manager, and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. All work shall beDerformed in the best and most workmanlike alai:liter to the Ingbest standards for the work. Incompetent or careless workmansthip shall not bed the Contractor and ill not be accepted. Am Document A232" - 2009 (rev. 12/11) (formerly A201"CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. § 3.4.4 The Contractor, and all those working_under its jurisdiction shall conform to labor Iavr of the state and all other laws ordinances and legal requirements affecting the Work. Prior to starting work. the Contractor shall become familiar with local labor and trade conditions, skilled and unskilled, and shall conform to local conditions, The Contractor shall consider the availability or labor in the area and import labor as may be_required topteet the schedule for the Work. Unless otherwise provided in Contract Documents all inaterialsNuipment and other products shall be one of the brandsmanufacturers or types specified. All like products for the Work shall be by_ the same manufacturer. § 3.4,5 A tier the Contraet has been executed. the Owner and the Architect; after consultation with the Construction Nlanager,Avill consider a formal request for the substitution ofproducts inplace of those specified oribL under the conditions set forth in the Contract Documents. §3.4.6 By making requests for substitutions based. on the_precedin) s section 1 e Contractor .1 Represents .that the Contractor has personally investigated the proposed substitute_product and determined Mat it is equal or stmerior, in all respects to that, specified; .2 Represents that the Contractor will the sat e warraniy for the substitution that the Contractor .would for that specified; .3 Certifies that the cost data presented is complete and includes all related costs under this Contract except the Architect's redo:4o costs, and waives all claims fbr additional costs related to the' substitution which subsequently become apparent and Will coordinate the installation of the accepted substitute, making such chams as • lay. be required for the workto be complete in all respects, § 3.5 Warranty The Contractor warrants to the Owner, Construction Manager, and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform with the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor'Li warranty exefinfe,s-remedy-for-darnage-or-dafec-t-caused-by-abuserafterations to44e-Work-not-execitied3ythe Contractorrimproper-rwinstritic-iefft maintenance,-improper-operation,ir-normill-wear-and tear -and- 110fIlliti-usagei- If required by the Construction Manager or Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The quality respired under this Warranty shalLas a minimum equal all standards or retteirernents of form„ function, durability,performance;type, strength efficienex,serviee, appearance! other criteria established Imthe requirements of the Contract Documents. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices, and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Owner, through the Construction Manager, shall secure and pay for the building permit. The Contractor shall secure and pay for other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. The Contractor shall provide andpity_for all bonds that may be required to accomplish the Work„including_anv bortds required by municipalities. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. In any instance where requirements of the Contract Documents arc in excess of, but not in conflict with or violation of requirements of uuh1kauthority;_the provisions of the Contract Documents shall „wyern.. -„- AIA Document A232T" - 2009 (rev. 12/11) (forrnerly A201T.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 16 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions. If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner, Construction Manager, and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect and Construction Manager will promptly investigate such conditions and, if the Architect, in consultation with the Construction Manager, determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect, in consultation with the Construction Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner, Construction Manager, and Contractor in writing, stating the reasons. If the Owner or Contractor disputes the Architect's determination or recommendation, either party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner, Construction Manager, and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allctwane 4 nand tlowanc esxexcept wiiere.installation is ypecified as part of the allowance in the Contractor Documents;, .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. 3.8.2.2; and The supplier orsubcontractor for an allowance item, is sub.1ectto of the Owner, Architect. on,trructlon Manager„ and the Contractor's PurchitseOrder or Subcontract Agreementshallbind or subcontractor to the requirements of the Contract Documents. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. AIA Document A232T" - 2009 (rev. 12/11) (formerly A201T4CMa - 1992). Copyright CO 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner and Architect through the Construction Manager, the name and qualifications of a proposed superintendent. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager, or the Architect has reasonable objection to the proposed superintendent or (2) that any of them require additional time to review. Failure of the Construction Manager to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information and the Construction Manager's approval a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project schedule to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. The Contractor shall cooperate with the Construction Manager in scheduling and performing the Contractor's Work to avoid conflict with, and as to cause no delay in, the work or activities of other Multiple Prime Contractors or the construction or operations of the Owner's own forces. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter update it as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Construction Manager's and Architect's approval. The Architect and Construction Manager's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Construction Manager and Architect reasonable time to review submittals. lf the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall participate with other Contractors, the Construction Manager and Owner in reviewing and coordinating all schedules for incorporation into the Project schedule that is prepared by the Construction Manager. The Contractor shall make revisions to the construction schedule and submittal schedule as deemed necessary by the Construction Manager to conform to the Project schedule. § 3.10.4 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner, Construction Manager and Architect and incorporated into the approved Project schedule. § 3.11 Documents and Samples at the Site The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of appreved-accepted Shop Drawings, Product Data, Samples and similar required submittals. The record documents shall be a separate set of documents used only for record_purposes and kept clean and undaimiKed. These documents shall be available to the Architect and delivered to the Construction Manager for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. AIA Document A232TM — 2009 (rev. 12/11) (formerly A201,,,CMa — 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 18 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect and Construction Manager is subject to the limitations of Sections 4.2.9 through 4.2.11. Informational submittals upon which the Construction Manager and Architect are not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Construction Manager or Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Construction Manager Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the Project submittal schedule approved by the Construction Manager and Architect, or in the absence of an approved Project submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of other Multiple Prime Contractors or the Owner's own forces. The Contractor shall cooperate with the Construction Manager in the coordination of the Contractor's Shop Drawings, Product Data, Samples and similar submittals with related documents submitted by other Multiple Prime Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner, Construction Manager, and Architect, that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been reviewed and approved -accepted by the Architect. § 3.12.8 The Work shall be in accordance with ;rpprerved-accepted submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Construction Manager and Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Construction Manager and Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design AIA Document A232T® — 2009 (rev. 12/11) (formerly A201,,,CMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 19 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3,13.2 The Contractor shall coordinate the Contractor's operations with, and secure the approval of, the Construction Manager before using any portion of the site. § 3.13.3 The Contractrr >h 11 return all improvements on or about the site, streets and adjacent property which arenot shown to be altered, i moved or otherwise rse changed, the conditaonswh e,h c srstedprcvroirsly I_;hccolitractor shall, protect existing structures or other features from damage hy,_any.Dperatronin connection with the contract. § 3.13.4 Utilities or other services which are shown, or not. shown but encountered or otherwise found, shall be protected by the Contractor from _ my damage froln excavation or other work. ,tncl operations <ai thas_ oritract,.unless.or it tia.are abandoned. Contractor drill immediately restore any, damage from its work or operations lo.,place the re rinnd sservices. in good operating comfit .1.f.thc utilities or services are shown to be abandoned or oved, they rviceiAurd be protected by the .`ontr tctur untrlrruw_utrlrtres and.servrces haye„beetyprovided, tested § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents (.nttins and patching shall be kept to an arbsolu¢e mini MUM k careful planning and through prcrvad n" roller hoIcy, s1t,r.vcss,.anchors inserts or other built-ins as_Work_pio,{ ic,ssesand then only, to the extent required to propertwlacr;._strltt csrt hang, anchor or install work. (crntlactor shall restore the improvements and finishes to like -new condiiioir, io thatch acldoininb_work and suckrestoralrc rr slt rli hi. p_erfornted by workers skilled intheLpa titular type of work involved. Where finishes are fratch<ci .010 shall tWatc ltccl to tlNc,e.ytcttt necessary to provide iunbroken and unattached Appearance and shall he carried ttynaturai t2tt.rtk porottrrs c ccssary, All patchin ssubject to the Architect's ace rtanc,c : Unauthorized or careless A .._h structural me .. _..t... ......... :....... ss cut p n extent which will affect Ctin�v»rll rtcrt to �e ptttee NO s�truetural member shall be cut in a manner to a„ the structural effc;etiveness, artrle� s ttppmved by the Architect. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner's own forces or of other Multiple Prime Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner's own forces or by other Multiple Prime Contractors except with written consent of the Construction Manager, Owner and such other Multiple Prime Contractors; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the other Multiple Prime Contractors or the Owner the Contractor's consent to cutting or otherwise altering the Work. 3,14.3Cuttir render the gencsral stuperyisi see: that patching and bac rec.luirements for other MI ion wog°k r°ar excavationaad backfillin> in or about the building, shall be done act©rttartit rat tasc oldie Work being altered, whoi shall be responsibleto is at;4onrplishcdk tr5inbpioper labor, inatcrttrls turd methods consistent with the uetion., § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials from and about the Project. § 3,15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner, or Construction Manager with the Owner's approval, may do so and the Owner shall be entitled to reimbursement from the Contractor. AIA Document A232Tm — 2009 (rev. 12/11) (formerly A201TMCMa —1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 20 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No, 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 3.16 Access to Work The Contractor shall provide the Owner, Construction Manager and Architect access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner, Construction Manager and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner, Architect, or Construction Manager. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect through the Construction Manager. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemni-Fr tmicinnify_defend and hold harmless the Owner, Construction Manager, Architect, Construction Manager's and Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereundcr. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee ofthe Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. 3.19 EQUAL OPPORTUNITY IN EMPLOYMENT § 119.1 Contractor shall not discriminate against any emplgyee or applicant for employment because of sex, en* religiondiational jgiii, marital status,status WWI respect 10 public assistance, disability, age, seNual preference. Contractor shall take affirmative action to ensure that apOjcants are employed and that epiployees are treated during employment without regard to the following: emptuyinent‘mgrading, demotion or transfel, recruitment,recruitment advertising, jii_yeff or termination, rates otripily gr other form of compensation and selection for training, includingapprenticeshiv Contractor shall ineotporate these same mual opportunity„antidiscriinination and affirmative action respiirements into all agreements between Contractor and its Subcontractors. § 3.20 VERIFICATION OF FIELD CONDITIONS §3.20.1 The Contractor shall take field measurements and verilV field conditions with the Contract Documents and final Shop Drawings before COMmencing any Work. 'Hie Contractor shall promptly report errors inconsistencies or oimissions to the Architect and (",onstrtiction Manager. § 3.20.g No change in the Contract Sum will be allowed on account of minor differences between actual field conditions audihe Contract Documents. 3,21 MISCELLANEOUS CONTRACTOR RESPONSIBILITIES § 3.21.1 The Contractor agrees to adequately and properly protect its Work. 'fhe Contractor agrees to adhere to the Federal Occupational Safety& Health Act, state and local safety regulations,so as tkavoid_infuly or_clainage lc! persons ouropAty resultingfrom failure to do so. § 3.21.2 In the event the Contractor, after 24 hour written notice from the Construction Manager fails to take corrective action to ensure compliance with saidsafet, regplations the Construction Manager mayipt shall not be obfigated to AIA Document A232T" - 2009 (rev. 12111) (formerly A201r.CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 21 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) Init. ren]ecly„the s9tarrtircbu accati ing tea (_tSI EA standards and chaff, the costofsmite tothe Contractor's ayrthout further notice to the Contractor. § 3.21.3 The Contractor agrees to raeatifj� the C.onstruedon uvlanttt• er's rccpr°esentative on t1n crb Site of"all accidents which,_ys)ccur totaersons or proper and shall provide tllc (onstrrrctiott Mat rigei'„s repesentalive with a ccopy cafall ltta accident reports on appropriate fauns. All reports shall Intsognegl by the ('ontr aetor or his -.authorized representative and submitted wrfltrra tweatty lcaur 24f..tE urs of occurrence. § 3.21,4 The Contractor agrees tlta+t all disputes conccrnon ,tltc jurisdiction of trades shall be adjusted in accorctancmc witharly_.plan for the settictttcrit et jurisdictional may be ineffect either nationally or in the locality in the work is berngdone. Tmlrt C°orttractcat shall be hound by�and shall abide by, all such adjustmentsandrt settlements ofjuris icttoiml dsputes„ whether or not the Contractor Os .signature by the at reemot,estabIishh_ij g the Impartial Jurisdictional Dis_putes Board andlor its successors The Contractor agrees Motto cause work stoppate due to the jurisdictional assignment of work. 13.21.5'the Contractor shall strlarttit tct the ('"culrstrtrcticarr Man a er ulroibwre ucst, copies of orr( materials required for the Project orstock lrstsrlm +uch rar ateriaaN •rs norntalll. a stock item Qrd should •Mindicate alnoni other tltirt „s, typeof tlaatertral tittr ntity„ artier vendor n€ Shall be regttired to submit to the Constrtactrnn Manager a monthly liter i• Construction Manager. as a Le equisite:for themonthly,mpr'ogresspa�ynter ructionManager immediately:rgaon learning o1 achange of status of arty cntttertata cuurprnent err supplies, d for the various 'iced not reflect td add ress•,_.'i he al Status report,_or oticn it The Contractor shall 3.21.6 The (atittt'dcfuti a = °ec s to ntaontaain Mtnadequate force of experiencecl watrleei°santcf t is a ecessary nuaterirtls. s .rppties,andeeattrttnmmeat tea rtteetthe rcquirernentst'of the Construction Manner and giber trades in order to mail ttl conjitiuc,ttpit-.,pr press s ttedlttles asestublislted by the construction Manager and.. Owner. In the event that Contractor's forces are, inthe judgment of the Construction Manager>wnladecauate to meet the established schedules during the regular wttrking_,hours, the Contractors agree to work sufficient overtime hours or;increase its ucark taarc meet such schedules at no extra cost to the Construction ctionMantaer,_Architee t, or the Owner ,3 21.7 The Contraetorat revs to employ-eompeteist adrninist atCrve, supervisory, and fi:etd taerscaatn workJineludip layout.. calgoncerip ,preparation and check_nlg,et altarl not be changed without writtt rt consent of the Construction Manager. drawings. Such supervisory •upersoune §§ 33.21.8 The Contractor shall insure that all construction tools, cctttirutttrtt teniflc:+rary fac accomplishing the_Work whether purchasertrented orcrtherwiae_ixovldccl by the C g others, are ina safe, sound,andgood condition capahlc ofpgrformi T.t,he Ilmetiantor inatirttarrl,ecl in conformatnce witnap,pltcable laws and regulations. §3.21.9 In no event shalfany aci or ontissiott on the wit of the Owner, the Archittttt relieve the Contractor from its obligation toper(' ctrtt its Work in full complmiancevdit used in vrded lay tded and ter° §r 3.21.10 l'he Contractor shall be responsible to the Owner and Constructiorer for the acts and omissic>rts ct "all njaloyeesand all its subcontractorL their agents and eanpk yecs, andall otherpersons.pertbrnring any oftfac; Contractor's Work. ARTICLE 4 ARCHITECT AND CONSTRUCTION MANAGER § 4.1 General § 4.1.1 The Owner-shalt-i tai++-a+}-aue'Ehiteet k+w•fuif,v•4ie-e+tsed to praetk e-ardtiteetere-or=++n entity..lttw-fully-p -ire ieifg arehiteeture4narite•jofisdiaatio+t-where-ih+a.Projee1i -k ted,That-per-soat-er-errtity4s-ideartitied-ars-the--Arc=hit in the event-and+s•Arehitect is l IC)R„ Inc.referred to throughout the Contract Documents as if singular in number. The tuna Architect means the Architect or his authorized rep resentastive inutuding employees or consultants, Wher e °,Arcjj ct°° may be used rely 1ingtoengineeringpltases of the Work substitute the terns l nglneer°' therefore, § 4.1.2 The Owner-siirk4-retaii+++ arm,trueation-r+tanagef-lawfully-1+sensed-to prac4; e nstft+cvtion-rt}anagerne++t,or-an entity-lawftrfi} pr-aeticing- 4r+tstr)ft rr+Anaa e+nen1--in the -jw4selivtitan-wirer-#l+e-profit t-is-located-°f-hat-per on -or eittit,'-is idei+til+t3tl ;+s he-€oasti +vtic+n Mats+e c f i+t taae �4grti�ente;frt a+ttt i4 C'ons1rtret• n l✓lttrt gcr is -Kraus -Aside soin,t„ AIA Document A232T" - 2009 (rev. 12/11) (formerly A201TmCMa - 1992). Copyright ©1992 and 2009 by The American Institute of Architects, All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA`, 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) 22 Construction_Comparlyreferred to throughout the Contract Documents as if singular in number. The term Construction Manager" Inc ins the Construction Manager or the Construction Maria ler's authorized rewesentative„ includingsmployees or consultants. § 4.1.3 Duties, responsibilities and limitations of authority of the Construction Manager and Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractor. Consent shall not be unreasonably withheld. § 4.1.41f the employment of the Construction Manager or Architect is terminated, the Owner shall employ a successor construction manager or architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Construction Manager or Architect, respectively. § 4.2 Administration of the Contract § 4.2.1 The Construction Manager and Architect will provide administration of the Contract as described in the Contract Documents and will be the Owner's representatives during construction until the date the Architect issues the final Certificate for Payment. The Construction Manager and Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner and Construction Manager (1) known deviations from the Contract Documents and from the most recent Project schedule prepared by the Construction Manager, and (2) defects and deficiencies observed in the Work. § 4.2.3 The Construction Manager shall provide a staffing plan to include one or more representatives who shall be in attendance at the Project site whenever the Work is being performed. The Construction Manager will determine in general if the Work observed is being performed in accordance with the Contract Documents, will keep the Owner reasonably informed of the progress of the Work, and will report to the Owner and Architect (1) known deviations from the Contract Documents and the most recent Project schedule, and (2) defects and deficiencies observed in the Work. § 4.2.4 The Construction Manager will schedule and coordinate the activities of the Contractor and other Multiple Prime Contractors in accordance with the latest approved Project schedule. § 4.2.5 The Construction Manager, except to the extent required by Section 4.2.4, and Architect will not have control over, or charge of, construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1, and neither will be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. Neither the Construction Manager nor the Architect will have control over or charge of or be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 4.2,6 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Construction Manager, and shall contemporaneously provide the same communications to the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with other Multiple Prime Contractors shall he through the Construction Manager and shall be contemporaneously provided to the Architect if those communications are about matters arising out of or related to the Contract Documents. Communications by and with the Owner's own forces shall be through the Owner. AIA Document A232" - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright OD 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) § 4,2.7 The Construction Manager and Architect will review and certify all Applications for Payment by the Contractor, in accordance with the provisions of Article 9. § 4.2.8 The Architect and Construction Manager have authority to reject Work that does not conform to the Contract Documents and will notify each other about the rejection. The Construction Manager shall determine in general whether the Work of the 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. Whenever the Construction Manager considers it necessary or advisable, the Construction Manager will have authority to require additional inspection or testing of the Work in accordance with Sections 13.5.2 and 13.5.3, upon written authorization of the Owner, whether or not such Work is fabricated, installed or completed. The foregoing authority of the Construction Manager will be subject to the provisions of Sections 4.2.18 through 4.2.20 inclusive, with respect to interpretations and decisions of the Architect. However, neither the Architect's nor the Construction Manager's authority to act under this Section 4.2.8 nor a decision made by either of them in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect or the Construction Manager to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing any of the Work. § 4,2,9 The Construction Manager will receive and promptly review for general conformance with the submittal requirements of the Contract Documents, all submittals from the Contractor such as Shop Drawings, Product Data and Samples. Where there are Multiple Prime Contractors, the Construction Manager will also check and coordinate the information contained within each submittal received from Contractor and other Multiple Prime Contractors, and transmit to the Architect those recommended for appcovak-accsptance,By submitting Shop Drawings, Product Data, Samples and similar submittals, the Construction Manager represents to the Owner and Architect that the Construction Manager has reviewed and recommended them for approval. The Construction Manager's actions will be taken in accordance with the Project submittal schedule approved by the Architect or, in the absence of an approved Project submittal schedule, with reasonable promptness while allowing sufficient time to permit adequate review by the Architect. § 4.2.10 The Architect will review and approve-accoLor take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Upon the Architect's completed review, the Architect shall transmit its submittal review to the Construction Manager. § 4.2.11 Review of the Contractor's submittals by the Construction Manager and Architect is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents, The Construction Manager and Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Construction Manager and Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Construction Manager and Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.12 The Construction Manager will prepare Change Orders and Construction Change Directives. § 4.2.13 The Construction Manager and the Architect will take appropriate action on Change Orders or Construction Change Directives in accordance with Article 77 and the Architect will have authority to order minor changes in the Work as provided in Section 7.4. The Architect, in consultation with the Construction Manager, will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.14 Utilizing the documents provided by the Contractor, the Construction Manager will maintain at the site for the Owner one copy of all Contract Documents, approved Shop Drawings, Product Data, Samples and similar required submittals, in good order and marked currently to record all changes and selections made during construction. These AIA Document A232"4 - 2009 (rev. 12/11) (formerly A201,,,CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) will be available to the Architect and the Contractor, and will be delivered to the Owner upon completion of the Project. § 4.2.15 The Construction Manager will assist the Architect in conducting inspections to determine the dates of Substantial Completion and the date of final coinpletion; issue Certificates of Substantial Completion in conjunction with the Architect pursuant to Section 9.8; and receive and forward to the Owner written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10. The Construction Manager will forward to the Architect a final Application and Certificate for Payment or final Project Application and Project Certificate for Payment upon the Contractor's compliance with the requirements of the Contract Documents. § 4.2.16 Ifthe Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.17 The Architect will interpret and decide matters concerning performance under, and requirements of the Contract Documents on written request of the Construction Manager, Owner or Contractor through the Construction Manager. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.18 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. § 4.2.19 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.20 The Construction Manager will receive and review requests fift information from the Contractor, and forward each request for information to the Architect, with the Construction Manager's recommendation. The Architect will review and respond in writing to the Construction Manager to requests for information about the Contract Documents. The Construction Manager's recommendation and the Architect's response to each request will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a per-soo-or-ent-ity-wkwhas-a4fteoteonttaol-with-the-contmefift- to peffortn-a-port ion of -the Work -at the-s-Ate,person firm or entity having d direct contract or.purchase order with the Contraetol to provide or Ruttish materials equipment, facilities,labor or services„.or a combination of thesefor the execution and eoinpietion of the Work otpart theeofThe term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include other Multiple Prime Contractors or subcontractors of other Multiple Prime Contractors. § 5.1.2 A Sub -subcontractor is a person or entity who-has-a-direot-oF-indifeiA-eontraot-whh-a-S'ukontraotoF-to-perh'oin a-porti1)wof-the-W4li-a4he-site,hav inga direct or indirect contract: or purchase order 'with a Subcontractor to provide or fiftnish materitds, equipment„facilities laboror services,sir a combination of these„lbr the execution and completion of the Work or_part thereof The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Su.b-subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Construction Manager for review by the Owner, Construction Manager and Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work,Work, along with a list of the actual materials or egujmnent such person will be furnishing. The Construction Manager may reply within 14 days to the Contractor in writing stating (1) whether the Owner, the Construction Manager or the Architect has AIA Document A232T" - 2009 (rev. 12111) (formerly A201TmCMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights !nit reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 25 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) reasonable objection to any such proposed person or entity or, (2) that the Construction Manager, Architect or Owner requires additional time for review. Failure of the Construction Manager, Owner, or Architect to reply within the 14- day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner, Construction Manager or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner, Construction Manager or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner, Construction Manager or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. No increase in the Contract Sum shall be allowed should a, substitution be rewired as a result of the °Miner's or Architect's reasonable objection based on specified criteria on which itprottosed subcontractor will be evaluated. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner, Construction Manager or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Owner, Construction Manager and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner, Construction Manager and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be hound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub -subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor Contractor or other entity. If the Owner assigns the subcontract to a successor Contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor Contractor's obligations under the subcontract. AIA Document A232T" - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIM' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 96 this AIMDocument, 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS § 6.1 Owner's Right to Perform Construction with Own Forces and to Award Other Contracts § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, which include persons or entities under separate contracts not administered by the Construction Manager, and to award other contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When the Owner performs construction or operations with the Owner's own forces including persons or entities under separate contracts not administered by the Construction Manager, the Owner shall provide for coordination of such forces with the Work of the Contractor, who shall cooperate with them. § 6.1.3 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with thc Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, l 1 and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall-afford-the-Owtierlti-owittsrtruetion-Mtmager-amtother-and_Sithesmtractors shall coopsrate with and coordinate their work with ail other Contractors and the Owner to facilitate thegeneralEggress of the Project and to prevent delaying theprogress of other Contractors. The Contractor shall afford other Multiple Prime Contractors reasonable opportunity for the introduction and storage of their materials and equipment and perfortmmee of-their-activ-ities-4-the execution of theirwork, and shall connect and coordinate the Contractor's constroetion-rami-opermions-Contractor's Work with theirs as required by the Contract Documents. Each Contractor and Subcontractor shall obtain laysmtdrawjni4s„ronliiigkin detail sheets and other ilertinent information directly from each other toot from Architect or Construction Managel) to coordinate all phases only:. Work. For coordination with the Owner's equipment or materials information shall be obtained front the Owner through the.constructiot Manager. After timelypotitication La the Contractor of the need to accomplish a_particularphase or element of the Work,the other Contractors shall,within a reasonable time,,_perfOrm their work so as not to delay or impede the Contractor. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner's own forces or other Multiple Prime Contractors, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Construction Manager and Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's own forces or other Multiple Prime Contractors' completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs, including costs that are payable to a separate contractor or to other Multiple Prime Contractors because of the Contractor's delays, improperly timed ac.414ities-activities hick of coordination with other Contractors or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of delays, improperly timed activities, damage to thc Work or defective construction by the Owner's own forces or other Multiple Prime Contractors. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrottfully-causes to completed or partially completed construction or to property of the Owner, separate contractors, or other Multiple Prime Contractors as provided in Section 10.2.5. § 6.2.5 The Owner and other Multiple Prime Contractors shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, other Multiple Prime Contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and AIA Document A232TM - 2009 (rev. 12/11) (formerly A201T1CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 27 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) Init. rubbish, the Owner may clean up and the Construction Manager, with notice to the Architect, will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Construction Manager, Architect and Contractor; a Construction Change Directive requires agreement by the Owner, Construction Manager and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.1,4 Forproposed changes in the Work the costs shall be determined as provided under this Subsection 7.1.4.. The Contractor shall submit on itemizedlbst of quantities with the applicable unit costs. jd extended_price for each in such form and detail as required by the Construction Manaw/Architect. .1 As 4 minimum, the detailed breakdown shall include and indicate the items enumerated below. Items Laltind ib) constitute the cost of labor, and items fakii2),W and id), constitute the basic costs referred to under this Article 7. (a) Labor CO$IS, itemized by each trade :involved, showing the hourly rittes for each,and the hours required for the change,, Labor rates shall be the same for extra and credit computations and shall be the actual rate paid workmen in aCcord.anee with established manmemem labor agreement. ibl Burden on labors which sball, be only the actual costs of mandatory fringe benefits required by established agreements, taxes on labor, worker's or workmen's compensation, insurance on labor as_affected bypayroll, imeitmloyment taxes and insurance including FICA and FUTA. le) Quantities of materials, equipment and supplies,_at their actual cost,. with unit costs in.dieated. id) 'tile cost of subcontracted work,computed in the same way as provided tbr under this Subsection 7.1,4. () Overhead p_rofit or commission. if) Applicable sales tax on materials, added after the above computations are complete. .2 'the maximum that will be allowed for overhead ancl profit, Or cOmmission, shall be as follows, expressed as appreentage of the basic cost of the change. The maximum allowable percentages .for prolksiverhead md commission maybe les.±„%. depending the patois, extent or complexity ofthe, changswhere thepercentav is not commensurate with the responsibility and administration involved tstich as the Contractor merely processing a substantial Change Order to a Subcontractou but in no eVent shall they exceed the tbllowing, Overhead/Profit Commission a) To the Contractor and/or Subcontractor 10% for work„ performed with their own forces. (b) To the Contractor for work performed other than its own forces. 5% .3 Not more than two percentages for overhead, profit and commission will be allowed. The mark-up on any part of the Work a Subcontractor subcontracts will 'be limited to one ovcrhe1d/pLofiLfLg1Ij.e in addition to the Contractor's commissiori, the Subcontractor and Sub -Subcontractor maydivide the overhead and profit. amount they agree upon,. .4 The burden on labor may be indicated as a dollar/cents addition to the hourly rate or may he expressed asopercentage of the extended hourly rate costs. 1,ILrequired by the Owner Construction Manager or the ArchiteeLthe Contractor ,shall moyide a detailed breakdown tojustity the labor burden. The Construction Manager reserves the right to reiect any labor burden which is inconsistent. with other similar contractors or where the cost of fringe benefits are in excess of established labor nreements. The burden on labor shall not include_any costs noted asseneral overhead., AIA Document A232T" - 2009 (rev. 12/11) (formerly A201TMCMa -1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Material, equipment and supply costs shall be quoted at the actual cost to the Contractor, or Subcontractor. Upon requestthe Contractorlor Subcontractoyishall submit evidence to substantiate the costs. Said costs shall bespoted at trade discountplicesLyvith qpantity discounts also applied where the Quantities warrant. Cash or prontpt payment,dispotints, neert,notlte creditert_luatlyjn•oposal with matelial,equiprtent and supply credits the credit shall be based on the actual Contract cost of the materiallincludingtradeAndquantity_discounts) Jess any charges actually incorrect for handlingor returning a material which has been delivered. No cancellation, restockinger similar charge will be allowed unless actually incurred by the purchaser and generallymill not he allowed when th.e_product has not been shipped. .6 The percentages allowed for overhead, profit or commission under clause 7.1.4.2 shall be deemed to include, and no further addition allowedH r jfljieid anal office supervision and administration, includingthe field superintendent and fOremeir (agencral insuranceexcept th,at listed as the labor .burdettilLuse or replacement of toolsitlishop burdeni 1.51equipment rentaliother than specifically required additional hoistirigeqpipmenk required excavating equiment or similar equipment necessary, solelyas a result of the change.Kffilsrigineeringand estimating costs; (7) performance and miyment (guaranty) bond; (8) cost of safety measures Lind tiding, those imposed by OSHAL021,shipping„drayage and demurrage; ,Alftiparking charml 11) clean, t_lp and debris removal; (12)testingaillperrints, unless_a new permit type is required; (14) or any, other costs except those enumerated under clause 7.1.4. .7 C.ost changes shall be computedby determining the basic costs enumerated. under clause 7.1..4 jas further specified Linder this subsectioullo which the overhead may be addekthen theprofit figure may be added and finally adding,thesaleatax on materials, .8 Subcontractors (or Sub-Subcontractorsj shall compute their costs in the same way and are subject to the same conditions of what may he included in the cost and the same maximum percentages 'for overhead and_profit. 'lb the Subcontractor'sigice, the Contra.ctor may add pp to 5% COMIlliSSiOn. .9 For changes involving work. of the Contractor with its own liirces and tvorklly a Subcontractor (or Sub- SubcontractorLthe commission shall be applied directly to the Subcontractor's price, with the overhead and profit figure applied only to the Work the Contractor_perfonns with its own forces. .10 For changes involving both extra and. credit amounts, the overhead and profit, or commission, shall be applied only to net difference where the extra. exceeds the credit. .11 For changes resulting in a credit in the basic costs, a reasonable allowance for overhead, profit or cotninission may be required to be credited the Owner, as approved by the Architect. after consultation with the Construction Manager. In generatno crediufor oyerhead„prolit or commission, wiJJe required where the net chaneeredit is minor or where the change in Work, indicates 'it is reasonable that no credit be allowed to the:Owner due to the efforcost or reN,,,onsibility of the Contractor. In the event of substantial subcontract credits,„ or for Work not, performed by the Contractor, a reasonable overhead, profit or commission credit shall be allowed to the Owner. § 7.2 Change Orders A Change Order is a written instrument prepared by the Construction Manager and signed by the Owner, Construction Manager, Architect and Contractor, stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Construction Manager and signed by the Owner, Construction Manager and Architect, directing a change in the Work prior to agreetnent on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: AIA Document A232'" - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 29 this AIM, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fce; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager and Architect of the Contractor's agreement or disagreement with the method, i f any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Construction Manager shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Construction Manager may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurancc, fringe benefits required by agreement or custom, and workers compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager and Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Construction Manager and Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Construction Manager and Architect determine to be reasonably justified. The interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article I 5. § 7.3.10 When the Owner and Contractor agree with a determination made by the Construction Manager and Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Construction Manager shall prepare a Change Order, Change Orders may be issued for all or any part of a Construction Change Directive. AIA Document A232TM - 2009 (rev. 12/11) (formerly A201,®CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the MX111111071 extent possible under 30 the law. This document was produced by AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 7,4 Minor Changes in the Work The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order issued through the Construction Manager and shall be binding on the Owner and Contractor. The. Architect shall also have the right to .make .minor changes in dimensions, locatiotarrangements or details to accommodate changes in other materials and equipment, improve the. Work„prprevent unforeseen interference with structural or other features.. Such chaRges shall be made without a change in the Contract Stun. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents arc of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8,2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Stibm-antial-completion within the-Con-tract:fim i n a 1C let ion h i Contract:1i Fhe VV ark shat 1_1101 be s u sps-‘9 tied pr shut do yy n„ but shall progress continuously with sufficient labor at all times„unless otherwise approved by the Owpo Architect and Construction Manager. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner, Owner's own forces, Construction Manager, Architect, any of the other Multiple Prime Contractors or an employee of any of them, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration, or by other causes that the Architect, based on the recommendation of the Construction Manager, determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude the Owner's recovery of damages for delay by either party under other provisions of the Contract Documents. The Contractor's sole and exclusive remedy for dekty is kright to a_time, extension for completion of the Contract and not damages. ARTICLE 9 PAYMENTS AND COMPLETION § 9,1 Contract Sum The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 Schedule of Values Where the Contract is based on a Stipulated Sum or Guaranteed Maximum Price, the Contractor shall submit to the Construction Manager, before the first Application for Pay-ment,,-Payment and in aceordinice with other reekirements AIA Document A232TM - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1 the law. This document was produced by AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. ofthe Contract Dociunents, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. In the event there is one Contractor, the Construction Manager shall forward to the Architect the Contractor's schedule of values. If there are Multiple Prime Contractors responsible for performing different portions of the Project, the Construction Manager shall forward the Multiple Prime Contractors' schedules of values only if requested by the Architect. § 9.3 Applications for Payment § 9.3.1 At least fifteen days before the date established for each progress payment, the Contractor shall submit to the Construction Manager an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall he notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner, Construction Manager or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Construction Manager and Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.3.4 The Contractor shall submit its Application for Payment on forms as the Construction Nlanager or Architect may specify or direct. The Application shall be accompanied by_a sworti,, notarized Certificate f)y the Contractor, attestiniheaccuracy of the amount as being for work satisfactorily comiAete in accordance with the Contract Documents and that all just claims and bills Ibr labpr„materials _equipment, subcontracts and services or other menses re) esented invevious Applications for Pument have beertpaidt_such that the Contractor is entitled to the payment. § 9.3.5 PROMPT PAYMENT TO SUBCONTRACTORS In accordance with Minnesota law, the Contractor shall include, irtall subcontracts and other agreements with its subcontractors and suppliers a_provision which requires the 'ontractor to pay_auy of its subcontractors tind suppliers Inrithin 10 days of the Contractor's receipt of payment from the Owner, for undisputed services or supplies provided by_the subcontractor or supplier. Thepovision shall also include the tep_irement that the Contractor shall payinterest of one and cine-halfpercent11.5',4)per month or anypart 0:al:Routh to_the subcontractor or supplier on any undisputed amount not pgjd on time to the subcontractor or supplier, The provision shall further provide that the minimum monthly interestpenally payment for an unpaid balance of $100 or more is $10; for an unpaid balance of less than $1Q0 the Contractor shalloy_the actual penalty due to the subcontractor or supplier: and a subcontractor or supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements including attorneys' feeLineurred in bringing:the action. AIA Document A232" - 2009 (rev. 12/11) (formerly A201'."CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. § 9.4 Certificates for Payment § 9.4.1 Where there is only one Contractor, the Construction Manager will, within seven days after the Construction Manager's receipt of the Contractor's Application for Payment, review the Application, certify the amount the Construction Manager determines is due the Contractor, and forward the Contractor's Application and Certificate for Payment to the Architect. Within seven days after the Architect receives the Contractor's Application for Payment from the Construction Manager, the Architect will either issue to the Owner a Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward to the Contractor the Architect's notice of withholding certification. § 9.4.2 Where there are Multiple Prime Contractors performing portions of the Project, the Construction Manager will, within seven days after the Construction Manager receives the Multiple Prime Contractors' Applications for Payment: (1) review the Applications and certify the amount the Construction Manager determines is due each of the Multiple Prime Contractors; (2) prepare a Summary of Contractors' Applications for Payment by combining information from each Multiple Prime Contractors' application with information from similar applications for progress payments from other Multiple Prime Contractors; (3) prepare a Project Application and Certificate for Payment; (4) certify the amount the Construction Manager determines is due all Multiple Prime Contractors; and (5) forward the Summary of Contractors' Applications for Payment and Project Application and Certificate for Payment to the Architect. § 9.4.3 Within seven days after the Architect receives the Project Application and Project Certificate for Payment and the Summary of Contractors' Applications for Payment from the Construction Manager, the Architect will either issue to the Owner a Project Certificate for Payment, with a copy to the Construction Manager, for such amount as the Architect determines is properly due, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. The Construction Manager will promptly forward the Architect's notice of withholding certification to the Contractors. § 9.4.4 The Construction Manager's certification of an Application for Payment or, in the case of Multiple Prime Contractors, a Project Application and Certificate for Payment shall be based upon the Construction Manager's evaluation of the Work and the information provided as part of the Application for Payment. The Construction Manager's certification will constitute a representation 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 certification will also constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 9.4.5 The Architect's issuance of a Certificate for Payment or in the case of Multiple Prime Contractors, Project Application and Certificate for Payment, shall be based upon the Architect's evaluation of the Work, the recommendation of the Construction Manager, and information provided as part of the Application for Payment or Project Application for Payment. The Architect's certification will constitute a representation that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated, that the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. § 9.4.6 The representations made pursuant to Sections 9.4.4 and 9.4.5 arc subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager or Architect. § 9.4.7 The issuance of a separate Certificate for Payment or a Project Certificate for Payment will not be a representation that the Construction Manager or Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed the Contractor's construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A232" - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AA ° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 33 this AIN', 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) § 9.5 Decisions to Withhold Certification § 9.5,1 The Construction Manager or Architect may withhold a Certificate for Payment or Project Certificate for Payment in whole or in part, to the extcnt reasonably necessary to protect the Owner, if in the Construction Manager' s or Architect's opinion the representations to the Owner required by Section 9.4.4 and 9.4.5 cannot be made. If the Construction Manager or Architect is unable to certify.tayment-issue a Certilicate.of Payment in the amount of the Application, the Construction Manager will notify the Contractor and Owner as provided in Section 9.4.1 and 9.4.3. If the Contractor, Construction Manager and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment or a Project Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Construction Manager or Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment or Project Certificate for Payment previously issued, to such extent as may be necessary in the Construction Manager's or Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from the acts and omissions described in Section 3.3.2 because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.3 If the Architect or Construction Manager withholds certification for payment under Section 9.5,1, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Construction Manager and both will reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment or Project Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Construction Manager and Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Construction Manager will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Owner, Construction Manager and Architect on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to fumish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner, Construction Manager nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. AIA Document A232°' - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AlAo 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 9.6.6 A -Issuance of a Contractor's Application tind Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute an acceptance of any Work not in accordance with the Contract Documents. The Contractor and its Surety_agree any_ issuance of a Contractor's Anplicationand Certificate for Payjnent by the Architect, payment on the C'ontract Sum or in reduciug apy retaining,amount, or any itscpr occupancy oldie Work will in no way relieve them of the obligation to completely fulfill or accomplish all obliRations of the Contract, including warranty of the WorLand that thcy waive aiiy actual or alleged rights of subrogation or action against the Owner or the Architect as a result of apy such issuance of a Contractor's Application and Certificate for Paymentaurpent,sir use or occupancy. At any time, the Surety shall Inive the right to examine the status oldie Work, as well as atly payments and may request the Owner to withhold additional sums as it considers appropsiate taprotectits interests, § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 Failure of Payment lithe Construction Manager and Architect do not issue a Certificate for Payment or a Project Certificate for Payment, through no fault of the Contractor, within fourteen days after the Construction Manager's receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Construction Manager and Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut -down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to acccpt separately, is substantially complete, the Contractor shall notify the Construction Manager, and the Contractor and Construction Manager shall jointly prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the list, the Architect, assisted by the Construction Manager, will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the list, which is not sufficiently complete in accordance with the requirements of the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect, assisted by the Construction Manager, to determine Substantial Completion. § 9.8.4 When the Architect, assisted by the Construction Manager, determines that the Work or designated portion thereof is substantially complete, the Construction Manager will prepare, and the Construction Manager and Architect shall execute a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. AIA Document A232" - 2009 (rev. 12/11) (formerly A201, ^,CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AlPe' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of qg this AIA® 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 AIA software at 1431;57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9,8.6 After Substantial Completion, the Contractor shall coordinate his activities with the Owner's use of the substantially completed work and shall _diligently complete the remaining_work, without delay or interruption, within the reprmi n ing Contract Time, § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project, Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor and Construction Manager shall jointly prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect after consultation with the Construction Manager. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Construction Manager, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon completion of the Work, the Contractor shall forward to the Construction Manager a written notice that the Work is ready for final inspection and acceptance and shall also forward to the Construction Manager a final Contractor's Application for Payment. Upon receipt, the Construction Manager will evaluate the completion of Work of the Contractor and then forward the notice and Application, with the Construction Manager's recommendations, to the Architect who will promptly make such inspection. When the Architect, finds the Work acceptable under the Contract Documents and the Contract fully performed, the Construction Manager and Architect will promptly issue a final Certificate for Payment or Project Certificate for Payment stating that to the best of their knowledge, information and belief, and on the basis of their on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Construction Manager's and Architect's final Certificate for Payment or Project Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect through the Construction Manager such substantiation of the Contractor's right to payment as the Owner may req_uire, such as and including_(I) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien AIA Document A232" - 2009 (rev. 12/11) (formerly A201'"CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of IA this AIA° 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Construction Manager and Architect so confirm, the Owner shall, upon application by the Contractor and eertifieatiowrec mlmendation by the Construction Manager and Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. if the remaining balance for Work not fully completed or corrected is Tess than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect through the Construction Manager prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. Nlotwithstandingthe foregoing, the Owne[mgy atitsoption retain a minimuinofthree times the value of the incomplete or uncorrected parts of the Workjasestimated by the Construction Manager prow idcdthe remaining ark is minor and cannot be completed or corrected dui. to weather, unsuitable conditions for testing or other r,.l°ctartlstsaticesbeyond the Contractor's contloLas agieedmonl the Architect and Construction Manner,. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall he responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall submit the Contractor's safety program to the Construction Manager for review and coordination with the safety programs of other Contractors. The Construction Manager's responsibilities for review and coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and .4 construction or operations by the Owner or other Contractors. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. AIA Document A232". - 2009 (rev. 12/11) (formerly A201''"CMa - 1992). Copyright © 1992 and 2009 by The American institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified peP,00nelversonnel and shall give the Owner reasonable written advance notice.. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2, 10.2.1.3 and 10.2.1.4, except damage or loss attributable to acts or omissions of the Owner, Construction Manager or Architect or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, and not attributable to the faii4-tfaultacts operatiops,ipelbods_or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner, Construction Manager and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage it or any astiacent psoperty or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to, asbestos or polychlorinated biphenyl (PCB),encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner, Construction Manager and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify a presence or absencc of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor, Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor, the Construction Manager and the Architect will promptly reply to the Owner in writing stating whether or not any of them has reasonable objection to the persons or entities proposed by the Owner. If the Contractor, Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor, the Construction Manager and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resumed-remme upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Construction Manager, Architect, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of AIA Document A232TM - 2009 (rev. 12111) (formerly A201T1CMa - 1992). Copyright ID 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 114 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under 1the law. This document was produced by AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, exccpt to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (I) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension oftime claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. 1.10.5 MISCELLANEOUS GENERAL PROVISIONS § 10.5.1 The reguirements under I 0.4, Miscellaneous General Provisions, shall be considered ts minimum requirements and shall not be construed to limit the amount ofnrotection_required,to safegtjard_all persons and nroperty, noi mmstrued as directingpr establishing the Contractor's methods or responsibilities. .§.10.5.2 The Construction Manager shall provide and maintain adequate fire extinguishers in and around the construction areiLavailable to all workers, but the Contractor shall not use extinguishers that tire to be installed in the Work. t 10.5,3 The Contractor shall provide and maintainguard lights at barricades, railings, obstructions in streets, roads or sidewalks and at trenches orpits includingthose adjacent to existing, buildingsaublierom,ls walks„andsimilur lociitions where a hazard may exist. The Contractor shallprovide and maintain suitable barricades or fences around excavations, including trench excavations excavated Px_Contractor or Subcontractors. §10.5.4 As may be applicable to the Project and to the Work, the Contractor shall provide and be responsible for: protection of equipmem„materials, supplies and Work to prevent apy_diunage, including from freezing, thermal shock, heat water, and other damaging elementsiproviding proper and adequate drainageltemporaryand manapent,), of Mc site in connection with work of this Contractidamage to property as a result of work or oneilitions under this Contract, including but not restricted to damage from water, excavation, tinderpinning,removal or changing or structural supports- collpse or other failure to the Project resulting from the Contractor's acts, operations or workMludin water undermining or ereatingpressure on the construction; pumpingof water from work areas and excavations of this Contract_and spaces built, constructed or opened up under the Contraclond necessary,, installingtempprary heat to ke(w_ the spaces dry; providipgprotection andpianking on finished floors and other finished surfaces where work is beingdone by the Contractor or SubcontraetorKclosing and,protecting all holes or openings througb walls, floors and roofs that are cut or built by the C:ontractor or Subcontractors:, and which will admit water to interior spAces duringthe construction_pgiod or will create anMential salety_hazard,; removal of snow to accomplish the Work; keeping premises jn_neat And orderly condition:, eliminating fire hazards. §10.5.5 As may_be applicable to the Project and to its Work, the Contractor shall be responsible for the following: providing safe and adeqgate stairways (temporary and permanent) for the use of all trades. maintaining,access to the site; proper protection by heating olan enclosed building duringeold weatherairotection for trees and other similar features„which are to remain, from damage,from operations in connection with the Project by boxing tree trunksand setting unbarricades at sufficient distance toprevent damage to branches; the removal of accumulated snow and, ice within a building, which generally shall be hauled outinot m(..lted), unless it is a minor amount as apprp,yedby Architem/Construction Manager. AIA Document A232-rm — 2009 (rev. 12/11) (forrnerly A201T.CMa — 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA ® 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 AIA software at 14:31:57 on 01/29/2018 under Order No, 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. 110.5.6 the Contractor and each of its Subcontractors shall provide storage and enclosures °prole:0311st _preserve the materials stored at and off the site. Materials such as wood, metaLeement.,,masona materials,equipment of any.type, conduit and similar materialsshall not be set directly ortground. Coverings shall be durableoyatertight, fully cover sides as well as top substantial and well anchored to prevent blowing away. Shed.type enclosures shall be provided fear easily damaged and small items. Any protection which becomes damaged shall be replaced immediately at the Contractor's sole cost and expense, Contractor's storage shall be reviewed and must be acceptable to the Construction Manager. as it relates to site coordination. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Liability Insurance §11.1.1 The Contractor shall purchase from -and maintain-in,aconipally-or-comparUes-lawfutly-autboyized-to-do business in the-jodietion-ia whieh-the,P-rojeet-islocated--soeb-inFooanc-e protea-theratnor-and maintain commercial general liability_ insurance as required to protect the Contractor, Construction Manager,Architect and Owner from claims set forth below which may arise out of -or -re-sult--from-the-Contraetorls-operat-ions-and-eoinpleted operations4rnder1lte-4'ontmet-and-14-whie4h-the-Coakaeloy-inay-be-legally-liableT-whethet=sueb-of, result from, or are in any manner connected withAlie execution of the Workprovided for in this ContraeLor occur or result from the use by ContractorIts_agents or empUyt es of materials„sca4menk, instrumentalities or other property„whether the same he owned by., the Construction Nitipamr, Contractor or thirdparties whether such claims arise during_Contract performance or subsequent to completion of operations under this Contract and whether operations be by the Contractor or by a-Subeoatraetor-or-hy- anyone directly or indirectly employed by any -of thern,-Contractor,or by anyone for whose acts any o1Thern-rnay-be-liable4Contractor may be liable., and whether such claims are claims for which the Contractor may be,„ or may be claimed to be, liable, Such insurance shall includes without limitation, coverage and endorsements as will insure the Contractor's oblIgations under theprovisions o{thtitLJiLjLitiQ Insurance shall beppreliased from a compapylicensed to_do..bpsipess in the state where the Project is located., and shall be wyitten for not less than the limits of liability.specified below or required by law,whichever s greatcr F hanes of eknips, resuned coveles and minimum limits of liability_are as follows: A —A. Claims under workersLcomperisatioit;-,Worker's Compensationdisability benefit and other similar employee benefit acts-whielt-are-applicable-to-theork-to--be-per14areek. :2------Giann-s-aels_elainisl.for damages because of bodily injury, occupational sickness or diseaseot-death-okhe Cornfaetori-&-employeesidjssilsepr_deallislemplaces. Insurance coverages shall include: Statutin Workers' Compensation„IneludingEmploys r's Liability with a minimum limit ofi100,000.00 top each employee. 4—B. Claims for damages because of bodily injury, sickness-of-di4ease,T-of-death--o-14ny-persort-othei4han .the-Ganirneter's employees 4--------Glaims-foiAtunages-insured-by-osaial-pefswal-injury-liabiliveraget 4--CilitifRi9-144afilagesTocelmational sickness or disea.seL_nr deatjtjy ans.:person other than employet.Isskipksloy peysopaliniuriesiyjtjtt,...ar_qsuslatutAtilby, any person as a result of an act or omission direelly or indirectly related to the env:joy:mein of suchperson by_the Contractor, or c2j any otnelLperson.;_ejalmsfor_simages,pther than to the Work itself, because of injury to or destruction of tangible propayty--inthating-loss-ofLuse-resiiking therefrowproperty_includingloss of use resulting therefrom. Insurance covernes shall jnelqdei Premise -Operations Products -Completed Qperations Blanket. Contractual - Such insurance and endorsements as will insure the obligations under the_provisions of Subsection 3.18 of this Document. _RroadEopEreperly Damage Personal Injury Blanket ExplosionSollame and Underground Property_ „ Laze Operations of I ndenenj.101.cont yastors Policy Limits: General Aggregate Products/Completed Qperations Aggregate Personal Injury Each Occurrence Claims for damages because of bodily ijiidehaper-sen-t and .3_1.999,99(2,QQ $ 1 oog,poo.00 si,gpo,goo„oo $1,p_00,000.00 -properly- drintage-afising-out-of AIA Document A232TM — 2009 (rev. 12/11) (formerly A201TMCMa — 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) 40 Init. 1 --(,!-Ians •for -bodrily-injin-y-or-pfoperi ainage-afisingout-of-collipleted-o)erationandinjtiry or .death,of any persortor any property darnje arising out of the ownership or use of any motor vehiele„ Insurance coverage shall include: Business Auto Liability insurance includingowned hired and non -owned vehicles with limits of $1,000,000„00 Combined Single Limit for each accident for bodily_injaa and deallb_or property slamage. I). The coverage limits required by ParagraphslffLand fClabove may be achieved bythe use ()fan Umbrella Excess Eiability_Pojicy„ The limits of liability specified shall be considered minimum requirements, All aforesaid insurance policies shall be underwritten with responsible insurance earTiers„with 13eses Ratings of not less than A and X and otherwise satisfactory to Construction Mariam and Owner and licensed turovide insurance in the state in which the Prpjeet is located. Non -admitted carriers may be einisidered on an individual basis, 4- -Glaims4avolving-ouritraetual-4ability-insiwanci3plieable-10-the4 ontract. ',Ws -obligations under -Section 3,14,Approvall of the instirance by the Construction Mapr or Owner si jjnot relieve or decrease the liability of the Contractor. The Construction Manager, Architect and Owner do not in any wayiepresent that the insurance or limits of insurance specified above are sufficient or adequate toprotect the Contractor's interests or liabilitiesbut are minimums.. The Contractor is responsible,at Contractor's expense and not a reimbursable expense, tbr.providing any additional insurance Contractor deems necessag to protect Contractor's interest from other hazards or claims in excess of the aforementioned minimum insurance coverages, The Construction Manager is an intended thirdparty heneficiail of the Contractor's obligations in this Section § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of thc Work until the date of final payment and termination of any coverage required to be maintained after final payment and, with respect to thc Contractor's completed operations coverage, until the expiration of the periodfoFeorrection-of-Wei,k-statmeof repose applicable to such completed operations claims or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be submitted to the Construction Manager for transmittal to the Owner with a copy to the Architect prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be ettneeled-canceled, materially changed or allowed to expire until at least 30 days' prior written notice has been given to the Construction Manager and Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application tbr Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness. §11.1.4 The Contractor shall cause the-connoefeiatliability-coverfte+equired-by-the-Contract-14ocumervis-to4netude t+)-tbe-Construetion-Manager3-the-(onsttaiotioo-Managee5-oonsli-kants34be-Ownerrthe-kr-ebiteot5-and-the-ArobiteWs oonsottants-as-additional-itvsnre4s-fOr-olaitrts-eaus,K1-in-whole-or-inTetrt-by-the-Gontraetoegligef+aots-oF-oin-i5s,iens daring-41*-Gontractorls-oper-ationsaiid-(2)-theOwne•r-as-awadditional-infrared-for-elaitos-eaused-in-wholeor4wpar-by the-contraeterls-negligent-aots-or--oinissions-daling4he-Goinraotorls-completvikiperations;its General Liability. Insurance as described in Paragraph B of Subsection 11.1.1 to be endorsed to name the Construction Manager. Architect and Owner as Additional Insureds,and such insurance shall burimary insurance without recourse to or contribution from any_similar insurance carried by such namettparties. The Additional insured status must be reflected on the Contractor's Certificate of Insurance to Construction Manager and Owner, 'Die Contractor shall provide Construction Manager with a copy of Contractor's Commercial General Liability Insurancepolicy or such Additional Insured endorsement to confirm Contractor's compliance with this Subsection. AIA Document A232-" - 2009 (rev. 12/11) (formerly A201TKCMa - 1992). Copyright 0 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 41 this AIA 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) § 11.2 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 Property Insurance § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Architect's, Contractor's, and Construction Manager's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. §11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Construction Manager, Contractor, Subcontractors and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to tire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. §11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. AIA Document A232'" - 2009 (rev. 12/11) (formerly A201,CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No„2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. § 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes ()floss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.3,6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (I) each other and any of their subcontractors, sub -subcontractors, agents and employees each of the other, and (2) the Construction Manager, Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub -subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as the Owner and Contractor may have to the proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Construction Manager, Construction Manager's consultants, Architect, Architect's consultants, Owner's separate contractors described in Article 6, if any, and the subcontractors, sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub -subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. Ifthe Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or distribution of insurance proceeds in accordance with the direction of the arbitrators. § 11.4 Performance Bond and Payment Bond § 11.4.1 The Owner-s-kill-have-the fight-to-require-the-C2-ont1raelof to -Contractor sjjaij furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract,ContractIthe Bond § 11.4.2 1.4pon-thereque9t-efilivy-perseti-or-efttity-appeafiug-to-be-tipotential-benetieiary-of-honels-eovef-itit-pay-men4of obligt4ions--arising--under-the-Contr-aekrthe-Gentriiaraf -slta .0m0y-fuff+611-a-zomo-of4he-bends-ef-slialtratillwfize-a AIA Document A232TM - 2009 (rev. 12(11) (forrnerly A201T"CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. eopy-to-be-furnished, fhe Contractor shall provide as part of its bid, a valid and enforceable I3ond Whiell,!‘y in run throughout the life of the Contract and its warrantyperiods. The Bond shall be issued by a corporate surety compapy authorized to do business in the state in which the Project is located and the surety cornpony_shall be subject to the Owner's approval, Fuljy_execntqlsopies_of the..11ond shall beprovided_th the ,Owner, Coostruction Manager and Architect, t 11.4,3 The MillilTIUM requirement for the Owner's approval of the Suret shall be that the Surety is listed by the United States Treasury Department as acceptable for bondin federalprojects and that the bond amount is within the limit set by the 'Ireasury Department as the net limit on any single risk. There shall be no affiliation between the Contractor and the Surety C'oropany„...Agent or.Agency, 6 11.4.4 For public work or other projects subject to statutoty bond requirements the bond form shall be the two-part flormA3 1 2...performance 1.3pnd and Payment Bond, j984 edition. and bothparts shall contirt with the statutory bond requirements of the state in which the Project is located. 11.4.5 Fhe Bond shall be in the amount of I 00% of the NH Contract Sum. When two part bonds are provided, the Bond shall be provided with 100% of the Contract Sum for the Performance Bond and 100% of the Contract Sum for the Payment Bond. 11.4.6 The Bond shall guarantee the Contractor will perform each and every part (Wale Contract, cover alLgoarantees called fbr and insure prompt _payment to all persons furnishiny, material or labor required in prosecution of the Work under the Contract. In the event of additions to the Contract the Owner reserves the right to require evidence of add itiptoiLhoq 11.4.7 The Bond shall provide: (1) I'm additions or deductions from the Work in any amount; (2tthat completion titne shall not be extended by reason of changes in the \h/ork, unless agreed to at time of change (3) that no_notice of aforesaid alterations additiorts„or omissions need to be.given the Suretyiand (..4.) permit occupancy hy the Owner at any __lime. § 11.4.8 Final acceptance of the Work shall not relieve the Contractor nor Surety from their obligations under this ContracLincluding warranties of materials„eqojpment installation or service. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK §12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Construction Manager's or Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by either, be uncovered for their observation and be replaced at the Contractor's expense without change in the Contract Time. The Contractor shall give timely notice to the Architect, through the Construction Managelophe reactinessAft work to be observed. § 12.1.2 If a portion of the Work has been covered which the Contract Documents reqoire be observed before it is covered or the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or one of the other Contractors in which event the Owner shall be responsible for payment of such costs. § 12.2 Correction of Work § 12.2.1 Before or After Substantial Completion The Contractor shall promptly correct Work rejected by the Construction Manager or Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or eompleted,completed unless the Owner elects to accept the Work asprpvided under Section 12.3. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Construction Manager's and Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. Work rejected before final completion .shajl be corrected prior to the processing of the final Contractor's Application and Certificate liar Payment. AIA Document A232" - 2009 (rev. 12/11) (forrnerly A201",r®CMa - 1992). Copyright 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 1431:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof, or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. r4fig-the-one-year-per-ied-foreorrecit fTheo OwneEfails-to-notify-the colAraetor-tutd-give-the-Cfmtvaeter an -opportunity 4o-niake4he-imitifection;4.41c-Oiwuer-wai ves-the-rightfrte-fequ4re-eurfec-tion-by-th e-Corttractouaud -to make ti-elaim-foF4weaerh-of-wivranty,If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. The expiration of the above oneyear or any other specified tuneperiodor any other period_prescribed bylaw, shall not relieve thc Contractor of thc obligation Ibr the expense to correct any latent defect in the Work or deficiencies which are not readily aseertainedjncluding_but not limited to defective materials and workmanship, defects attributable to material substitutions for specified materialssubstandard perfbrmanee or otherwise not in comaliance with the Contract Documents. Such latent defects or deficiencies shall be corrected as provided in this Subsection 12.2. Following_the correction or repIacement of any of the Work„as above specified, the Contractor shall correctany defects or deficiencies in corrected or replaced materials and workmanship, which is found within oneyear after the date of correction or replacement. § 12.2.2.2 The one-year period shall he extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors or other Multiple Prime Contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.2.6 For the purpose of the commencement of the specified periods covered by this Article 12 or any other special speci ficd period, the date of the inspection for Substantial Completion of the last urtitpart or phase of the Work shall be the starting date of theperiod, for all of the Work,exceptfor any work noted as incomplete or unsatisfactory_ at that time. rhgperiod covered by this article for said incoinplete or unsatisfactory work shall start on the date of specifically noted dates of insmection for SU bstantial Completion_dor of acceptance., in writing hyllteOwner of corrected Work), the date of the Architect's issuance of the final C'ertilicate and Appliciittion for Payment on the entire C:ontract will be the start of the_period. §12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. AIA Document A232T" - 2009 (rev. 12)11) (formerly A201,CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 45 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract 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 15.4. § 13,2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. §13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity or to an officer of the corporation for which it was intended; or if delivered at or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 Rights and Remedies §13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Construction Manager, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 13.5 Tests and Inspections §13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Construction Manager and Architect timely notice of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. The Owner shall bear costs of (-1-)44e6tsTinspections--Lwapprovals--that-cio not-become-Fel tiirements-tmtil 1.)-ki-afe-Fecei-ved-ortiegetiations-cottel tided; ant-1-(-2-) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.5.2 If the Construction Manager, Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Construction Manager and Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Construction Manager and Architect of when and where tests and inspections are to be made so that the Construction Manager and Architect may be present for such procedures. Such costs except as provided in Section 13.5.3, shall be at the Owner's expense. § 13.5.3 If such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Construction Manager's and Architectg services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Construction Manager for transmittal to the Architect. AIA Document A2321" — 2009 (rev. 12/11) (formerly A2011,"CMa - 1992). Copyright ril) 1992 and 2009 by The American institute of Architects. All rights reserved, WARNMG: This AIA '' Docurnent is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AtAo Document, or any portion oft, may result in severe civil and crirninal penalties, and wilt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 1431 57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098'151027) § 13.5.5 If the Construction Manager or Architect is to observe tests, inspections or approvals required by the Contract Documents, the Construction Manager or Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.7 Time Limits on Claims The Owner and the Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable lav,4u4 iti-ait”ase-itot-inore-than40-yeaPs,' -after-4*--date-ef-Sob4antial-Completiewofthe-Wolte-Owiter-and-the Gontrfietor. 411-eleitos--atid-eauses-of.lietien--not-eommence4-iwaeemtanet-wititthis-Seetion--14,7k1aw. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Construction Manager has not certified or the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Section 2.2.1. §14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub -subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14,3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner payment for Work executed including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner, Construction Manager and Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; AIA Document A232TM - 2009 (rev. 12/11) (formerly A201,,,CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 47 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No.2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the above reasons exist, the Owner, after-eons-ultoti4n-wit4Hhe-Coostfuctlon4vtauageri-aad-upen eertififaatiou-by-4be-ktitial-Deeisiot+-Makei4Mtufticieut-eawe-txisN-teiust-i-sueb-ae-tieitrwith the advice of the Architect and Construction Mamer„may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety4PanyT-seven-day-slwritten-riolle%,,,,tefmMateHeinployment-orthe Coutreetof-atid-trffiy,Tst, tbjeet-toituy-pfier-iigbts-o4 tive-sorelyiSuretv„Mreci3) daysi'_wrjtten noticc, rg_quire the Surety to promptly _take over and complete the Work, under the terms of the Contract. Should the Suretylail to assume the obligations ofeompleting th Wprkwithin tbree.a.) days after receipt of the wrideit, notice, the OWZ1C1 may, .upon three (3) days' additional noticederminate the emplpyment of the Contractor (except the obligations of the Suretyunder the Boudil tmd, may:. .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; 1—.Aeetipt,assigument-of-suboontraots-purstrattl4o-Seotion-54;--and o n t ra ctor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work,•Worls and or .2 Accept assignonent of subcontracts pursuant to Section 5,4. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall and/or the Contractor's Surqtynot be entitled to receive further payment until the Work is finished. § 14.2.4 lfthe Owner completes the Wprkapd the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including the Ovvner's additional costs„.„attorneys° fees and compensation for the Construction Manager's and Architect's serviee!.-:.aftd-expeitses--made-ne,eeary-tberebyTadditional. services,,,and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the onpaid-ba4aneeTthe-Contr-aeto-r-ftm: the Owner to complete the Work exceeds such unpaid balance the Contractor and.tor jts Surelyshall pay the difference to the Ownerl'he amount to be paid to the Contractor or to the Owner, as the case may be, shalt,--up011-appticatioorbe-etf441eti-shall be certified by the OWner or Contractor and approved by the Initial Decision Maker after consultation with the Construction Manager, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order thc Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and the Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of this Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and AIA Document A232-" - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright© 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of AR this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and CelSts-forlyoven out-of-pocket loss with respect to materials eqgjpnieJtt tools, and co n st ruction eqjpmentandrnachinery incurred by reason of such term i nation, along -iv it Iffeasonable-evetthead-and pfolit tiff the-Wor*--not-elfeeuted,but excluding any fee qtprofit on any unperformed Work. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims §15.1.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 Notice of Claims. Claims by either the Owner or Contractor must be initiated by written notice to the other party and to the Initial Decision Maker with a copy sent to the Construction Manager and Architect, if the Construction Manager and or Architect is not serving as the Initial Decision Maker. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15,1.3 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Construction Manager will prepare Change Orders and the Architect will issue a Certificate for Payment or Project Certificate for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 Claims for Additional Cost. If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall he given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.3. §15.1.5 Claims for Additional Time § 15.1.5.1 lf the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed thcre, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 11.3.9, and 11.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated AIA Document A232TM - 2009 (rev. 12/11) (formerly A201T.CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. §15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize rctention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished or (3) advise thc Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. §15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect and Construction Manager, if the Architect or Construction Manager is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any timetsubjeot-to-the4ernis-oletio.; 5. .1,1, time. §-1-5,16,-1—EiTher-pefty-mey-,--within-3G-Elays-ftorn-the-date n-ILan-initial-Eleeisionv-iteniand-in-writin# that -the otheFlItifly fiie-for-inediation-within 40 -daysr-of-the-itiitia4-clevisietir-illsiteli ii-deni al lit -I'S inade-ant4--thepaFty-Feceiving4ileflemaild di spate -resektliewpfecetAillt5 n -deeision7 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. §15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the inediation. The AIA Document A2327" - 2009 (rev. 12/11) (formerly A201T.DMa - 1992). Copyright @ 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA 0 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 50 this AIN', 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) Init. request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim 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 the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be dcmanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently 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 would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. ARTICLE 16 ADDITIONAL CONDITIONS § 16.1 ADDITIONAL DEFINITIONS § 16.1.1 Provide: As used in connection with labor, materials and csluipment shall mean to furnish and install complete, including, connections to utilities or servicesoinplete anchorage and suspensiorlfasteninpr anchor devices„trim, finish and other related work unless spccified otherwise. §16.1.2 Accented approved, satisfactoth equal to, prwer, as directed and similar terms: These shall mean the decision rests with the ArchitecL whose decision shall be final and bindinv_pt on the Contractor and subcontractors AIA Document A232 Th` — 2009 (rev. 12J11) (formerly A201"CMa - 1992). Copyright 1992 and 2009 by The American institute of Architects, All rights reserved. WARNING: This AM* Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of gi this AIA 0 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 AIA software at 14:31:57 on 0109/201a under Order No.2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) Init. ti 16.1,3 i r(>'ect, Work, Job: In the tcclaltpcaI sections or (m tire, car«t unas, these terms may be risecl interchrtr► e tl y r s et arre_Syllorrynlous lite�sht.11 mean thet_�cilityico�tstruetrctnand/or improvement within the Intent and scope ofthe Contract Documents The terms shall mean the entire Ihcility, or selaaiable partswas appropriate to the use of the term, r?luding that under subcontract where applicablc,jand ittcltrdes _labor, materials, gtripmentx services and skill., .4 Notice to 1'roceccl. `l ht tshall be written notice by the Construction Manager tct the Contractor to commence k o1the corm ract I sraed citlr r before or alter execution r'at'thetcwtract In Issuin lht Notice, stipulatrctr sttly included as totirrte artcl ratltcr rectuirements that may condition C( entement of the W ork_ 616.2 USE OF DRAWINGS AND SPECIFICATIONS § 16.2.1 During construction, the Contractor shall examine and use all Specifteations and Drawings for the 1° including those that mayµ,primarily_pertain to other work the Contractor normally, does not performmmwith I forces. Contractor shall use aft elate Project Drawings and Specifcations fora complete understrrndnt Pr(jecta.nd theWork: to determine thmewtyj e of construction and stems; for coortttrttiti Work may be involved in varruus4)artsor phases„ to anticipate when work wllI be iectwireti an other relevant !natters related to the Prsect. The Contractor shall also be bound by,uII therequirements to complete Iris Work, that are applicable to,pertuin too aliect the Wpj, as may b,c shown or inferred by the entire set of Drawings and Specifications. ti .3 PERIODPAYMENT ESTIMATE tj 1616.3.1 'NJlaett ieclIC1irecl by tltTI()tvne r tocstabfish tt sr Iteclule of money available to ir►rrkepayntt;rtt A anlicatiansfbr Payment, the Contractor; shal➢,�trovidean estimate by months of the antici L _ per odre_payrnen , The retained percentage shall_ be considered in the estimate sehedule, as WC, progress and rnateerialsdelivery.._The schedule will be deemed an estimate only, for financialwp➢ the Contractor shall rttat be lt(>tlndto cm rfctrir► totheschedule. .....1 he schedule may be required ty Documentsor.requcstedby,the( wv fter C cratermet execution. ner a of periodic rrounts t`etr• each iR}it(l lot? tninl'. prprase.s nd the Contract S 16.4 LAYOUT OF THE WORK. § 16.4.1 Each Contractor shall employ a qualir ed engineer or registered surveyor to stake s eat grad locate*the construction, loc,c1te_pr perty markers and otheiipuintsas needccltco properly_1cafM rat the car tsttdeamtltts Contract, Cs 1_6.4.2 The Contractor shall recognize that the drawings necessarily are diagra All work. and in par ticulail_expased piping ducts,,,conc1iit and siimila.r items. shall be neatly and carefully laid out to p ovicie aloe most useful space utilization and the most orderly appearance Except as otherwise indicated or cet„plpIng and similarwork shall be i tstaliii,.mm.._ d at o permit„located mm p.__.: ......_ with led as close,tc� ceilings and walls as conditions perntrt .loGak�d to reva;ntinterf"("ra,nee with other .yolk or wltlt alit use of the,sjzaces in the manner required by the functions of the room and the Owltt�r, Valves, shall be located in nc•,onspicuous but accessible places_ 13e ore pioceeding with <uu work,,,,particullarly wlterc exposed, the (tsrttraetor shall carefullly_planthe Ily_put and review it with thew Architect and Construction Iylmtbr acceptability o, § 16 4.3 The Co actor si'atmll ermify gl°odes. lute levels and dimensi ) Architect. through the C onstiuction Manager t d subcontractor shall beresponsiblefor the correc (esses, the (''ontractorshall beresponsible for the ayout features, as guide to all trades. drawmes ar ion bet dimensions ind elevationsmofITitrs l?rarh.: As, eexac,t l()cation of all paititions and similar nmencing any errors or k'11 ti 16.5 GENERAL QUALITYOF WORK, INSTALLATION AND OPERATION 416,5.1 All of the Work shall be strictly first quality, in materials, erection, installation ttncl workmanship. §,16.5.2 "Die C carat°actor µleap rcgpest interpretations froatt the Architect through the Construction Manager for t on the Drawrn s orspecrfied In such arnartner as tawrnake it impossiI of theLLlt)ttihest quality twutlJin the space SIJe s rri, possibilrtaes of.datnagin effects of expansion an discrepancies found between g, g _ _ w .. Contractor does not request between Drawings Draw � s and_y teufrc_at_ioris. 1f the C such rmterpretation,Lnoexcuse wilt be entertained thereafter for failure to carry out and guarantee the Work in a satisfactory_manner. Elementsofthe Work intended to protect against the weather shall be guaranteed weatherproof and _watertight, following: Work inciica roduce Work AIA Document A232T" — 2009 (rev. 12/11) (formerly A201T^+CMa — 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 52 this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale. User Notes: (1098151027) § 16.5.3 Proper performance of the Contract shall imply correct and proper placement, proper or published results for products and equipment, fitting and operation of fixed or movable and operatingparts of the_Work,Ancludingsloors, windows, hardware and all systems and eqpipment. Materials and equipment shall be completed in every respect, with_parts, connections anchorsdevices, backing, fittings and other necessaly items, and shall be completely installed fitted and _placed in_operating condition, j3efore bpying,eonstructingor installingwork, the Contractor shall notify the Architect of conditions which exist in the Contract Documents which will adversely affect mover operation of first quality installation. 16.5.4 Throughout the Projeci„ accommodate various materials and pieces of equipment that are fitted to other materials and eqiApment and various materials that are applied to which other materials attach. Take all reasonable precautions to insure materials devices, items,squipment or othe roducts can be satisfactorily_applied or installed to each other or work of others and make necessary adjustments duringpreparation of shop drawings or in advance of 11,61_9j:shop work to accommodate other work. 116.5.5 Materials or 4.-Atilpment shall be installed, or applied according to directions of the manufacturer or recommendations of an association dcatirgprimarity with materials, tipless„specifically designated otherwise. In no case shall installation includipg anyiemporary work necessaa (e.g., shoripg),,, be below standard recommended by manufacturer. Where specified repuirements exceed the manufacturer's standards the specification shall govern. Fabrication (including reinforchigand accessoriesj and installation shall be provided to insure Koper placement and use of the item or material wider the locatior usc,condition and available space to serve intended function and to meet code requirements. liquiwneniand devices shall be provided and installed to "fail safe" under normal operating conditions and it shall be Contractor's obligation to provide and install work in such manner. j16,6 GENERAL FIRE SAFETY 16.6.1 The Contractor shall exercise extreme care to maintain the exercise adequate tire safety precautions throughout construction. ['his shall includeproviding, sufficient devices, watehmenstandby helpers or other precautions duringeonstruction, in use of temporary heat,iveldingbrazing, sweating, testing or other_phases of work. Welding, brazing_cutting and sweating operations performed in vicinity of, or accessible to .omhutihk. materials shall be adequately protected to make certain that sparks or hotta lot reach the combustible materials and start a lire. Glass and glazed material shall be masked from splatter. When necessary to do cutting_welding,,,brazing, sweating,in vicintyof wook_or combustible material tand the combustible material cannot be removedbthe materials shall be adequately_protected with fireproof coverings. In addition, a helper shall be stationed nearby with properly_ fire extinguishers to guard against sparks and the. 16.6.2 Whenever combustible materials have been exposed to sparks molten metalliot slaq, or splatter, a watchman shall be kepLat theplace of work for at least two hours after completion to make sure that smoldering_fires have not been started. Whenever cutting_pr welding operations are carried on in a verticalpipe shaft, a watchman to act as a fire guard shall be employed to examine noors below theppipt of cutting or Weldige, This fireguard shall be kept on duly at least two hours after completion of the work tpguard against fires and he shall examine each level after this tiinc, prior to leaving, 8 16.7 RESPONSIBLE CONTRACTOR U6.7.1 the extent applicable, and to the full extent required by law, the Contractor (f) acknowledges that all provisions of Minn. Stat. § 16C.285 shall be fully incorporated herein by reference and made applicable to the Conti at andkilshall comply with altprovisions of Minn. Siat. § 6C.285jncluding, withputlimitation, verifying under oath to Owner the Contractor's compliance and ,pLovidipg and updatitig_a list of the Contractor's first -tier subcontractors retained to_provide any work on the 'rolect. The Contractor is responsible to ensure compliance with the terms of Minn. Stat. §_l6C„285 by all of its subcontractors. 'fhe Contractor shall indemnify the Owner and Construction Manager for all costs, expenses and damageslincluding reasonable at(orney's fees) incurred by_the Owner or Construction Manager as a result of the Contractor's failure to conthly with the terms of this Section. 'Irhe C'ontractor's failure to comply with this Section shall constitute a material breach of the Contract. All references to Minn. Stat. § I6C.285 in this Section shall mean the current version of such 16(7.285 applicable on the date of the ('ontracLincluding/Iny replacement Statute thereof, 16.8 EXAMINATION OF BOOKS AND RECORDS AIA Document A232 T" - 2009 (rev. 12)11) (formerly A201T"CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of vt this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No,2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) 6 16.8.1 The books', records, documents and accounting.moceciures and practices °idle Contractor as they relate to this Contract are subject to examination of the Owner,and either the Legislative Auditor or the State ,A uditolas asprwriate, for it period of six10 ears followintermination or eApjration of this Contract. AIA Document A232"' — 2009 (rev, 12111) (formerly A2011"CMa - 1992). Copyrtight lt,,/ 1992 and 2009 by The American Institute of Architects. Alf rights Init. reserved, WARNING: ThieAIM Document is protected by U.S„ Copyright Law and international Treaties, Unauthorized reproduction or distribution of cA this AIA1, 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 taw, This documen I was produced by AIA software at 14 31 57 on 01/29/201B under Order No.2401495325 which expires on 12/13/2018, and is not for resale User Notes: (1098151027) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I„ hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 14:31:57 on 01/29/2018 under Order No. 2401495325 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A232TM — 2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401 T" — 2003. Copyright et 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 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 AIA software at 14:31:57 on 01/29/2018 under Order No 2401495325 which expires on 12/13/2018, and is not for resale, User Notes: (1098151027) STAFF REQUEST ITEM Department: MIS Date: 02/16/2018 DESCRIPTION OF REQUEST (Briefly outline what the request is) This request is to replace the Storage Area Network (SAN) that the City uses for their dedicated high-speed network and subnetwork that interconnects and presents shared pools of storage devices to multiple servers. This device reached end of life in early 2017 and since it is the main storage for City data it needs to be replaced and keep up to date. FINANCIAL IMPACT (Briefly outline the costs, if any, that are associated with this request and the proposed source of the funds needed to fund the request) This purchase was approved in the 2018 Capital Outlay budget. The total cost of purchase is $67,523.00. ADDITIONAL INFORMATION ATTACHED Yes X No ALL COUNCIL REQUEST ITEMS MUST BE SUBMITTED TO THE CITY CLERK A MINIMUM OF FIVE WORKING DAYS PRIOR TO THE NEXT REGULARLY SCHEDULED COUNCIL MEETING IN ORDER TO BE PLACED IN THE COUNCIL MATERIAL PACKET. Submitted by: Rose Holman Date: 2/16/18 C�' L IT SOLUT ONS G OUP Technology Solution Proposal Jeff Gullickson jullickson@loffler.com Stillwater City - City Hall Rose Holman 216 N 4th St Stillwater, MN 55082-4807 Phone: 651-430-8804 Fax: Ln # Qty Description 1 1 2 1 3 1 4 1 5 3 6 14 7 9 8 1 9 1 10 1 11 12 13 2 14 4 UNITY 300 2U DPE 25X2.5 DRIVE FLD RCK UNITY SYSPACK 6X1.2TB 10K SAS 25X2.5 UNITY 3U 15X3.5 DRIVE DAE FLD RCK UNITY 25 DRIVE DPE FLD INSTALL KIT UNITY 200GB FAST CACHE 25X2.5 DRIVE UNITY 1.2TB 10K SAS 25X2.5 DRIVE UNITY 4TB NLSAS 15X3.5 DRIVE UNITY 4X16GB SFP FC CONNECTION PROSUPPORT PLUS HARDWARE SUPPORT PROSUPPORT PLUS SOFTWARE SUPPORT SubTotal Additional 10.0% Discount SN1100Q 16GB 2P FC HBA 3M DUPLEX LC/LC AQUA FIBER CABLE Date Proposal # 01/30/18 CTEQ1 6954 Valid through 2/12/2018 Ship To: Stillwater City - City Hall Rose Holman 216 N 4th St Stillwater, MN 55082-4807 Phone: 651-430-8804 Fax: Unit Price $1,749.00 $44.00 Ext. Price $70,943.32 -$7,094.33 $3,498.00 $176.00 C,ornhan es e Ulor, rniufu lion, MN e 952.925.6800 iinfor*,;rGoffi rr.cor'nu wwvv 4offler.noirn ©2015 Loffler Companies, Minnesota/Western Wisconsin 1 of 2 Ln # QtY Description Unit Price Ext. Price Total Investment $67,522.99 Sales Tax Calculated on Invoice$0.00 Shipping $0.00 Total $67,522.99 PLEASE SIGN TO APPROVE QUOTE PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL PREP, INSTALL, DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. PARTIAL BILLING MAY APPLY FOR PRODUCTS AND SERVICES. THIS DOCUMENT IS CONFIDENTIAL AND SHOULD NOT BE DISCLOSED TO ANY THIRD PARTY WITHOUT WRITTEN PERMISSION OF LOFFLER COMPANIES, INC rn 02015 Loffler Companies, Minnesota/Western Wisconsin 2 of 2 CITY COUNCIL MEETING DATE: February 20, 2018 January 16, 2017 (tabled) January 10, 2017: Planning Commission December 13, 17: Planning Commission (tabled) CPC CASE NO.: 2017-62 APPLICANT: Browns Creek West, LLC, property owner REQUEST: Consideration of a height Variance, and an appeal to the Planning Commission's denial of a CUP and variances for a structure to be located on vacant property at 107 3rd Street North (Northeast corner of the intersection of 3rd Street North and Myrtle Street West) ZONING: Commercial Business District / CBD Height Overlay COMP PLAN: Downtown Mixed Use PREPARED BY: Abbi Jo Wittman, City Planner SPECIFIC REQUEST The property owner, John Whitcomb, requests: 1. Pursuant to the appealed Planning Commission decision, approve a Conditional Use Permit to allow the construction of an 11-unit condo complex at 107 3rd St North. 2. Pursuant to the appealed Planning Commission decision, approve setback variances for the condominium. 3. Approve the height variance to allow condominium building to have four stories. BACKGROUND In 2009 the HAF Group applied for a Special Use Permit and associated variances to construct a new post office on the subject property. While an 8' height variance was granted at the time, it was limited to a tower feature. Additional variances were granted for the structure to be located 12' from the southern property line and 15' from the western property line. All approved variances were contingent on the development of the structure as proposed, which did not occur. In 2016 the applicant, in coordination with Trinity Lutheran Church, submitted a request to rezone this land to the Central Business District's Bluffside Height Overly District. The request would have allowed four stories instead of the permitted three stories. This action was denied by the City Council at the recommendation of the Planning Commission and City staff. Eii1111111111 'Ilr IIIIIIINV41ro 46S„ III II11 At their regularly -scheduled meeting in January 2018, the Planning Commission considered the current requests. On a unanimous vote, the Planning Commission denied the use permit and the setback variances, without prejudice. The vote also included a recommendation that the Council deny the height variance. (Height variances can only be approved by the City Council. Whereas residential use permits and setback variances can be approved by the Planning Commission.) At the City Council's January 16, 2018 meeting, the Council tabled consideration of the height variance request. This was done because an appeal of the Planning Commission denial of the use permit and setback variances had been filed. And, tabling the height variance request allowed it to be considered at the same time as the appeal. Since the January 16th Council meeting, Whitcomb has requested the City to consider granting public financial assistance for the construction of onsite parking. And, if public funding were approved, the penthouse unit would not be needed to help balance the economics of the project. Though not directly related to this project, a provision of the development agreement for the adjacent municipal parking ramp granted the property now owned by Whitcomb the �. -2( �aI,ru xr ZO, 2(. right to use 40 spaces in the adjacent city parking ramp to fulfill on -site parking requirements for the subject property. REQUEST DETAILS Browns Creek West LLC has applied for: 1. A Conditional Use Permit to allow for the construction of an 11-unit condo complex on this site. All units will be contained in a single building. 2. Variances necessary for the construction of the condo building. The following associated variances have been requested: City Code Section 31-403(b)(5)i, CBDBT, Freestanding Building • A 10' variance to the 35' maximum height of a freestanding building in the CBDBT, for a 45' tall structure as measured from 3rd Street North; and o While the applicant's request is for a 43.5' tall building, the applicant's measurement of the average elevation is not consistent with the City's interpretation of the average elevation of the building. • A 1.5 story variance to the three story maximum height of a freestanding building in CBDBT for a 4 story building that includes an underground parking level. City Code Section 31-317(c), Massing Regulations • A 15' variance to the 15' Front Yard setback for the construction of a 5' tall retaining wall on the southern property line, adjacent to Myrtle Street West; and • A 5' variance to the 15' Front Yard setback for the construction of a 4' deep architectural component and garage entrance adjacent to Myrtle Street West; and • A 10' variance to the 20' combined Side Yard Setback for the construction of the building and projecting balcony spaces; and • A 15' variance to the 20' Rear Yard Setback for the construction of the building. City Code Section 31-514, Subd. 3(a), Projection into required yard areas • A 2' variance to the 3' maximum yard distance projection for necessary steps adjacent to 3rd Street North PROPOSAL DETAILS The specific proposal includes: • Four stories of residential units that includes: o The first story, off of 3rd Street North, would include: • Two, approximately 1,200 square foot, one bedroom units. These units would each have a deck, one facing to the north and the other to the east. �. -2( �aI,ru xr ZO, 2(. • One, approximately 2,000 square foot, two bedroom and two bathroom unit with east facing balcony. • One, approximately 2,500 square foot, two bath unit with an east/southern facing balcony o The second and third stories would each contain three units with associated balconies. While one of the units would be approximately 2,000 square feet, the other two bedroom, two bath units would be approximately 2,500 square feet. o The fourth story would include an (at least) two bedroom, two bath unit with its own balcony. This unit is approximately 3,000 square feet • There would be a centralized commons area with two sets of stairs and an elevator. The elevator and both stair wells are proposed to go to the fourth story where there would be common roof access on the south. The north roof access would be for mechanical equipment. • As indicated, all parking is proposed to be located underground. There will also be storage areas in the basement. This is not considered a story as greater than half of the wall spaces are subsurface. CONDITIONAL USE PERMIT REGULATIONS AND ANALYSIS Section 31-207 indicates in approving a Conditional/Special Use Permit, it must be determined by the Planning Commission that: The proposed structure or use conforms to the requirements and the intent of this [zoning] chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. Any additional conditions necessary for the public interest have been imposed and use/structure will not constitute a nuisance or be detrimental to the public welfare of the community. Zoning Code The zoning chapter requirements applicable to this Conditional Use Permit (CUP) are: Use: Residences of all classes are permitted by Conditional Use Permit in the Central Business District. Throughout the latter part of the 2000s the City saw the addition of nearly 300 residential units to the community core. This condo building would function the same as Terra Springs, Mills on Main, and the Lofts in that there would be a common association to maintain all jointly owned areas but that each condo unit would be independently owned. While the building will be situated directly adjacent to a single family residential structure, there are multiple family uses in the converted church at the southwest corner of this intersection. Additionally, the next residential property to the north and located on the same side of the same block is zoned Medium Density Residential). While the �. -2( �aI,ru xr ZO, 2(. use is consistent with the neighborhood but, Building Official Cindy Shilts has indicated the building will need to have a fire suppression system installed and meet all building, plumbing, mechanical/fuel gas, accessibility, and energy codes. Density: Generally speaking, density in the Central Business District is governed by the property's ability to meet the development controls in place. Average densities in the Central Business District vary: Address Common Name Residential Density 610 Main Street North Terra Springs 17 units/acre +/- 501 Main Street North The Lofts of Stillwater 43 units/acre +/- 350 Main Street North Mills on Main 38 units/acre +/- 102+ 3rd Street South Steeple Towne 34 units/acre +/- 101 Olive Street East Runk Condos 27 units/acre +/- 301 3rd Street North Val Croix 32 units/acre +/- The average density for downtown core residential condo properties is 32 units per acre. A density of 31 units per acre exists when comparing the three closest condo buildings (Steeple Towne, Runk Condos, and Val Croix); the total average of the six largest condo buildings is 32 units per acre. The applicant proposed a density of (approximately) 35 units per acre. Therefore, while the 11 units is generally consistent with condo developments in the neighborhood and the CBD, not all development controls (such as height) can be met. Ten units would result in a density of 32 units/acre. Off -Street Parking and Loading: The following off-street parking spaces are required to be placed onsite: Use Requirement Units Total Parking Required Multiple Family Units 1.5 spaces per unit (one of which needs to be covered) 11 16.5 spaces (rounded to 17 spaces) Guests 1 space for every three units 11 3.66 spaces (rounded to 4 spaces) Total 21 spaces The applicant is proposing the creation of 24 parking spaces in an onsite, underground facility. As a reminder, the property is credited with 40 parking spaces; residents could park on the upper level of the City's parking ramp. The plan does require the removal of seven quasi -public parking spaces on and adjacent to this property. The northerly access on to rooftop of the municipal parking ramp would remain open. However, modifications to the parking lot design and curb would need to be made. City Engineer Shawn Sanders has indicated a condition of approval that unused areas of the parking lot and drive lanes (public and private) shall have the �. -2( �aI,ru xr ZO, 2(. asphalt and the curbs removed and restored with turf, except the area where concrete sidewalk should be added. Traffic and Circulation: No traffic study or circulation assessment has been submitted for this project. However, in order to capitalize on the grade change and provide for underground, onsite parking, access at Myrtle Street is the only viable option. The parking entrance/exit, centered on the property, will be located approximately 45' from the intersection. City Engineer Shawn Sanders has indicated the property owner should explore shifting the egress point to the east. Currently there is a 20' grade separation between the driveway of the property at 110 Myrtle Street East and the subject property. The current plan proposes a five foot retaining wall to be located on the eastern property line. If the garage access point was shifted to the east, the retaining wall would need to be larger, thereby creating greater site line challenges for the adjacent property owner (to the east). Stormwater Management Practices: Given its proximity to the adjacent property and the topography, City Engineer Shawn Sanders has indicated: • no storm water runoff can drain on to the adjacent property to the east; and • stormwater from the new building shall be connected to an existing storm sewer pipe; and • the existing storm sewer in the parking lot shall be removed by the developer. Projects within the Middle St. Croix Watershed Management Organization (MSCWMO) must meet the full review requirements of the MSCWMO Plan. The project does trigger full MSCWMO review and it is likely the project will qualify for flexible treatment options that preclude stormwater infiltration. Approval of the SUP will be contingent on MSCWMO stormwater management plan review and approval. Design Review: The applicant has not submitted a Design Permit for review by the Heritage Preservation Commission. This creates a challenge in the review and approval processes. If the P Council find the use consistent with the standards set forth for Use Permitting and finds practical difficulty warrants the issuance of variances, it can lead to a false impression of approvals granted for a design that has not been determined to be consistent with the Downtown Design Review District guidelines. Therefore, staff recommended to the Planning Commission the applicant submit for review and approval a Design Permit prior to acting on the variance(s). As that did not occur, staff would recommend any approved use permit and associated variance approvals are contingent on an approved Design Permit. The Design Permit will need to include significantly greater detail than is currently shown in the plans. This will include, but not be limited to, materials, color, lighting, and signage. �. -2( �aI,ru xr ZO, 2(. Landscaping and signage: No landscaping or signage plan has been proposed. The Comprehensive Plan calls for primary landscaping improvements along Myrtle Street West and secondary landscaping improvements along Third Street North. Landscaping should be required on all elevations, while preserving clear corners at the intersection. A condition of approval should include the submittal of a landscape and signage plan to the HPC for review and approval of a Design Permit prior to the issuance of the building permit. Comprehensive Plan & Relevant Area Plans The 2030 Comprehensive Plan (2030 CP) indicates Downtown Stillwater could support up to 250 housing units by 2018. Though the plan notes there is a demand for more units priced under $250,000 as well as for rental, land, development and construction costs have driven up home prices in the downtown. The 2030 CP further indicates aging baby boomers and empty nesters will continue to trade down to smaller, more efficient units. The 2 bedroom, 2 bathroom designed units are similar to most of the units developed in Terra Springs (2004-2008), the Lofts of Stillwater (2005), and Stillwater Mills (2006). However, omitting the largest and smallest units, the average size of the proposed units is 2,240 square feet. The average two bedroom, between all three aforementioned condo complexes, is 1,550 square feet. That said, since the date of adoption of the memo, no additional housing units were created in the Central Business District. Therefore, the construction of 11 new residential units will help support the 2030 CP findings of increasing housing units downtown. Other Lawful Regulations Condominium residential units in the Central Business District generally do not conflict with other lawful regulations. VARIANCE ANALYSIS The purpose of the variance is to "...allow variation from the strict application of the terms of the zoning code where the literal enforcement...would cause practical difficulties for the landowner." In addition to the requirements, below, Section 31-208 indicates "[n]onconforming uses or neighboring lands, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance" and "...a previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits." Section 31-208 further indicates: • Economic considerations alone do not constitute practical difficulties. • A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits. �. -2( �aI,ru xr ZO, 2(. The applicant must demonstrate that: The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of the Front, Side, and Rear Yard Setbacks, as well as projection into required yard areas, is to provide for unencumbered space to regulate proportionality and to provide for adequate infiltration, landscaping, and design elements consistent with the historic core. The proposed setback variances are in harmony with the general purposes and intent of the zoning chapter as they help ensure design consistency with historic development patterns on the properties in the vicinity, and are allowing for adequate landscaping and infiltration on a largely developed lot. The purpose of the CBD Height Overlay District is to preserve and enhance the essential character of the downtown and that structures be limited in height in order for structures close to the river not to rise above the height of structures farther from the river. This helps create a stepped -pattern in the "downtown bowl". At 45' in height to the deck of the mansard roof, the total height of the building will be 50' to the very top of the structure. The height will be taller than the (now vacant) property to the west (with a maximum height of 2 stories and 35') as well as the main portions (up to the cupolas) of the two historic churches in the vicinity. The height variances are not in general harmony with the Zoning Code. The variance is consistent with the comprehensive plan. With certain conditions, such as landscaping, the setback variances could be found to be consistent. However, the property is located on two prominent view corridors, as noted on the Gateway and Viewsheds Figure in Chapter 6 of the Downtown Plan. A 2030 CP policy is to "continue to refine and administer design guidelines so that the integrity of the existing and surrounding buildings is maintained and new development is of a height, size, and design compatible with the best examples of the existing development". When combined with the objectives to "reinforce...landmarks, steeples, and significant structures along gateway corridors," the Planning Commission found the height variance is not consistent with the comprehensive plan. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. "Practical difficulties," as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; The use of the property for residences with onsite, underground parking has been shown to be reasonable in this location. �. -2( �aI,ru xr ZO, 2(. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and Setbacks in the Central Business District are nearly nonexistent for many properties. However, the modern zoning and building codes suggests separation between buildings and from the building to the street is desirable. As adjacent property is setback and not built right to the property line, the uniqueness is aiming to find reasonable setbacks given the existing setbacks, the topography and the staggered nature of the setbacks on Myrtle Street West. Regarding the maximum height variances, certain improvements integral to the building are allowed to project above the roofline and the maximum allowable height. This includes elevator bulkheads as well as stairwells. The applicant has shown what these three components would look like if they were carried above the roofline of a three-story building. However, elevator access and stairwells to access rooftops are not customary nor required; each unit does have balcony or patio space with views of the river. Additionally, if the rooftop is not used as communal space, the building code would only require a single access point. It is the desire of the applicant to not only have communal rooftop access but to also have the penthouse suite. While argument can be made about the economics of the development site, economics alone cannot be grounds for granting a variance. The variance, if granted, will not alter the essential character of the locality. The addition of any structure on this site will alter the character of the neighborhood. However, a design that conforms to the Zoning Code and the Downtown Design Review District guidelines would not significantly alter the character of the locality. As the development is not proposing to meet the maximum height allowances and the Heritage Preservation Commission has not reviewed the design, the Planning Commission determined the current design will alter the essential character of the locality. PUBLIC COMMENT Comments have been received from the following at are attached for the Commission's review: Dick Sjoberg, property owner at 102 3r i Street North. Mr. Sjoberg expresses concern for the height of the proposed structure (including photographs of the existing, 38' tall telephone poles on this site), its impact to the established historic structures (particularly the churches and their steeples), traffic concerns at the three -stop intersection, as well as variances to the property's setbacks. He requests the Planning Commission deny the application, requesting a redesigned structure that supports a better transition in this neighborhood. �. -2( �aI,ru xr ZO, 2(. Elaine Connors, 116 3rd Street South. Ms. Connors states the height of the new building would overwhelm the existing streetscape and that the design is not consistent with the historic nature of the neighborhood. She also indicates there are already pedestrian safety concerns at the corner of 3rd and Myrtle Streets. Cameron Murray, 350 Main Street North. Mr. Murray points out that there will increased traffic in the morning and evenings in this area. He acknowledges staff's suggestion to move the access to the east but suggests the developer explore the possibility of underground connections to the existing parking ramp. Doug Johnson, Trinity Lutheran Church Congregational Council, 115 4th Street North. Mr. Johnson indicates Trinity Church supports the recommendation of city staff to deny the variance application. He notes this is consistent with the congregation's position in early 2017 when Gail M. Olson, then Congregational Council President, submitted similar comments for CPC Case No. 2016-43. Robert Hasel, 114 3rd Street South. Mr. Hasel expresses concerns similar to other occupants of the Steepletown building (the rehabilitated Church at the SW corner of 3rd and Myrtle). He additionally raises the concern that HPC design review had not occurred prior to the use permit and variance proceedings. Brian Michael and Katie Elliot, 120 3rd Street South. They further express similar comments to those noted, above. Scott Wallace, 112 3rd Street South. Mr. Wallace further expresses similar comments to those noted, above. ALTERNATIVES A. Approval If the City Council finds the 11-unit residential condo proposal to be consistent with the provisions of the CUP process, the Council could move to approve the CUP with or without conditions. B. Table If the City Council finds practical difficulties do exist for the 11-unit to have specific Front, Side and Rear Yard variances, they move to approve these variances, with or without conditions. If the Council finds practical difficulties do exist for the 11-unit residential condo to be four stories in height, they could move to approve the height variance, with or without conditions. If the City Council finds that the application is not complete enough to make determination of practical difficulty and compliance with the Conditional Use Permit, it could continue the review for additional information. �. -2( �aI,ru xr ZO, 2(. C. Denial If the City Council finds no practical difficulty exists and the proposal is not consistent with the provisions of the CUP regulations, the Council should deny the CUP and associated variances. The Commission should indicate a reason for the denial and determine whether or not the denial is with or without prejudice. FINDINGS AND RECOMMENDATION Multiple family residential uses in the Central Business District are consistent with the Comprehensive Plan. While the applicant is requesting numerous variances to accommodate the proposed structure, many of the variances requested are common in the historic downtown district. As noted, the modern zoning and building codes suggests separation between buildings and from the building to the street is desirable. But, setbacks from all property lines are proposed. So, the building use and its setbacks appear to be defensible. However, the combination of setback variances and the height variance were not found acceptable by the Planning Commission. Planning Commission In a 7-0 vote, the Planning Commission: 1) denied the use permit and setback variances; and 2) recommended denial of the height variance. Staff Staff recommends: 1) conditional approval of the use permit; 2) denial of the height variance; and 3) approval of the setback variances. Staff would recommend, at a minimum, the following conditions of approval: 1. This Special Use Permit is in all ways a Conditional Use Permit as the term is used in Minnesota Statue Section 462.3595. 2. Plans shall be substantially similar to those found on file with CPC Case No. 2017- 62, except as modified by the conditions herein or by Heritage Preservation Commission approval. 3. Approvals granted shall not become effective until a Design Permit has been reviewed and approved by the Heritage Preservation Commission. 4. Refuse shall be kept inside at all times with the exception of collection day. Refuse containers outside on collection day shall be stored on private property and shall not block the public right-of-way, including the sidewalk. 5. All mechanical units shall be enclosed or screened from public view. 6. Landscaping shall be required on all four elevations. Landscaping shall keep the Third and Myrtle Street intersection clear. Landscaping shall be reviewed and approved by the Heritage Preservation Commission. �. -2( �aI,ru xr ZO, 2(. 7. A sign plan shall be submitted for review and approval by the Heritage Preservation Commission. 8. Unused areas of the existing parking lot and drive lanes (public and private) shall have the asphalt and curbs removed and restored with turf, except in areas where concrete sidewalks should be added. 9. The project will require full Middle St. Croix Watershed Management Organization (MSCWMO) review. The project shall meet the full review requirements of the MSCWMO. 10. No storm water runoff shall drain on to the adjacent property to the east. 11. Storm water from the new building shall be connected to an existing storm sewer pipe. 12. The existing storm sewer in the parking lot shall be removed by the developer. 13. The structure will need to have a fire suppression system installed and meet all building, plumbing, mechanical/fuel gas, accessibility, and energy codes prior to the issuance of a building permit for construction. 14. As per City Code Section 31-204 Subd. 7(a) and 7(b), minor modifications shall be approved, in advance, by the Community Development Director. Major modifications shall be heard by the decision -making authority in a public hearing. 15. If the City Council approves any public financial assistance for the condominium's basement parking, then the property owner must agree to waive his claim on the 40 parking spaces specified in the development agreement for the adjacent municipal parking ramp. ATTACHMENTS Site Location Map Ordinance No. 1091 Appeal Letter Original Narrative Submission (ARCHNET) Certificate of Survey Site Plans (2 pages) Floor Plans (5 pages) Elevations (2 pages) Views (9 pages) Public Comments (14 pages) January 10, 2018 CPC meeting minutes The Birthplace of Minnesota ORDINANCE 1091 AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE, BY AMENDING THE ZONING MAP OF THE CITY TO REZONE CERTAIN PROPERTY WITHIN THE CENTRAL BUSINESS DISTRICT BY ADDING THEM TO THE CENTRAL BUSINESS DISTRICT BLUFFTOP HEIGHT OVERLAY DISTRICT The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The overlay zoning of the subject property, location of which is legally described in Exhibit A and depicted on Exhibit B, is hereby amended to CBDBT, Central Business District Blufftop. This proceeding is known as Planning Case No. 2016-43. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. effect. Section 3. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 7th of February, 2017. CITY OF STILLWATER ATTEST: Diane F. Ward, City Clerk EXHIBIT A West 90 feet of Lot 15, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. AND West 90 feet of Lot 14, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. AND South 45 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. AND North 5 feet of the West 90 feet of Lot 15, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. 0 flh1war The Birthplace of Minnesota N Site Location Map Q Parcel Boundaries selection Municipal Boundary Parcel Boundaries 115 230 460 Feet Notice January 17, 2018 Dear City Council and Staff, Browns Creek West, LLC and Jon Whitcomb as applicant request that the Planning Commission findings and vote relating to CPC Case: 2017-62 be appealed. At the City Council Meeting held on 1-16-2018, it was discussed and voted on that the issue be heard in it's entirety before the full Council at the February 20th meeting. This is official notice from the applicant and the request for the appeal. Please notify me if there is any further information or detail needed for this appeal. Jon Whitcom6 2/17/i8 Jon Whitcomb, Owner AF el 333 North Main Street Suite 201 Stillwater, MN 55082 Friday, November 17, 2017 TO: Ms. Abbi Wittman, City Planner, & Planning Commission, City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: New Residential construction at 107 Third Street North, Stillwater, MN Dear Ms. Wittman and Planning Commission Members, Architecture I Interiors ylssstssina bIc Desi9n Phone 651/430-0606 Fax 651/430-2414 www.archnetusa.com Attached you will find design documents for a new residential structure on the northeast corner of 3rd Street North and Myrtle Street. There are currently four parcels that will be combined to create the site for an eleven unit condominium. While the site is currently in the Central Business District, it has been utilized for housing in the past, and is adjacent to a housing parcel to the east. Also, the parcel kitty-corner is a former religious building that was converted to a condominium. We feel this is an important corner in the city and requires a distinctive gateway building as indicated in recent city comprehensive planning documents. The site represents the entry to the Central Busi- ness District from the residential neighborhoods to the west, and is literally on the bluff edge of the historic commercial district. Because of the topography found on the site, the development is faced with unique difficulties that require consideration. The prominence of the site and the pressures on the use of the adjacent municipal parking ramp, indicate that underground parking for the building would be beneficial for the city, the neighborhood and the building. While the topography provides accessi- bility for such an underground parking structure, unfortunately the access needs to occur on a fairly steep section of Myrtle Street, and creates an elevated pedestal for the rest of the building that in the end, effects the overall building height. We feel that the overall massing and shape of the building is critical to creating a distinctive building worthy of this prominent site. For that reason, the freestanding towers typically found protruding from the roof deck for stairs and elevators have been enveloped into a partial fourth story. Although we are asking for a variance for this portion of our building in the num- ber of stories (4 where 3 are allowed) and the building height (43'5" where 35' is allowed) for the des- ignated CBD Blufftop zone, we would be in full compliance in a similar zone, CBD Bluffside, (4 stories and 45') a zone with many of the characteristics found on our site. The building has been set back from property lines in a manner consistent with adjacent structures and other buildings in the immediate area. Careful attention was given to the view angle of cars stopped on Third Street facing south, and looking for traffic coming up the hill. We feel that the de- 107 Third Street North, Stillwater Minnesota Page 1 of 2 sign, materials and colors chosen for the building are compatible with neighboring buildings while at the same time elevating the character of the area. Thank you in advance for your consideration of our request, and we look forward to meeting with you and answering any questions you may have. Respectfully, r 7), 7'ARN.vti 4..) • I I so' Roger Tomten Associate, ARCHNET fJ ditions and alterations to 1: he WATER STREET IN IN StiHwater 'nneso a P a. e 2 f 2 L - 4 nu K .80 _ _______ ____ g NOTE TOPSGRAPHY TAKEN SURVEY IsmEIENoMTo SURVEYINGTO DATE. 3 D STREET NORTH L LEGAL DESCRIPTION_ T. following Legal Description is as shown on Stewart Title Title Commitment No. 595as, dated September zls, 2016. rantycompanvlssUea Wlaagenr, Lana Title, Inc. feet ofLot s,Block 9, OriginalTown(nowCity)ofsulwater,Was 9 County, Minnesota. • Parcel B • West 90 feetofLot 9,Block 9, OriginalTown(nowCty)ofsulwater,Was 9 County, Minnesota. Parcel C nesota. e West 90 feet of Lot 16, Block 19, OriginalTown Now Clt;k of Stillwater, Washington parcel D e West 90 feet ofLot1 6, Blotk19, Original Town Now CltvI) of Stillwater, Washington • Abstraa Property EASEMENT NOTES_ T. following exceptions appear on the Stewart Title Guaranty Company Issued by its Agent, La. Title, Inc. Title Commitment No. 595351, dated September 21st, 2016 There are not survey related items shown on Schedule BII of said commitment. EX THERE ARE 7 PARTIAL PARKING STALLS DEIGNATED ON THIS PARCEL INCLUDING 0 HANDICAP STALLS. SURVEY NOTESCOUNTY SURVEYORS OFFICE. 3. 71EARRETNRINTS.OME UNDERGROUND UTIUTIE., G., ELECTRIC, ETC. NOT SHOWN OR LCCATED. 1. BEARINGS ARE BASED ON COORDINATE SUPPLIED BY THE WASHINGTON AREA L TOTAL AREA AS SHOWN =13,6, SQ.,. UNDERGROUND UTILITIES NOTES: THIRD & MYRTLE CT: THE UNDERGROUND UTILITIE. SHOWN HAVE BEEN LOCATED M BROWNS CREEK WEST, LLC C/O Jon Whitcomb 651-351-5005 Once 651-283-4884 Cell Jon @metroeastcre. com DOE. NOT WARRANT THAT THE UNDERGROUND UTIUTIE. SHOWN ARE IN THE EXACT LCCATION INDICATE, ALTHOUGH HE DOE. www.metroeastcre.com CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS PDSSIB. FROM THE INFORMATION AVAILABLE THIS SURVEY HAS NOT PHYSICALLY LOCATED THE UNDERGROUNDUTIUTIE coo STATE ONE CALL LOCATE TICKET MBE� MAPS WERE OTHER UTILITIE. DID NOT REPSND COUNTY/CITY[ TO THE TME EREQu6,. ADDITIONAL UTIunE. o WHICH WE ARE UNAWARE MAY Iasi. W A S H I N GTO N COUNTY Gopher State One Call 20 C I TY O F ST1 LLWATER .VICINITY MAP DATE REVISION 11-13-17 INITIAL ISSUE CERTIFICATION: c42.17 PROJECT LOCATION:? O THIRD ST. N. PID#2003020420059 PID#2003020420060 PID#2003020420061 PID#2003020420169 Suite 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 cssurvey CORNERSTONE LAND SURVEYING, INC. PROJECT No. ST09008C BOUNDARY/TOPOGRAPHY SURVEY SITE PLAN - GARAGE LEVEL LOT DIMENSIONS; 90' +/- X 150' +/- LOT AREA; 13,500 SQ.FT. +/-(0.31 ac.) rcLe W1 0 z J 0_ W V) SI Id NOV 2017 6 ON -STREET PARKING STALLS 3RD STREET NORTH SITE PLAN - GARAGE LEvEL 1 /16" = 1.-e" LOT DIMENSIONS; 90' +/- X 150' +/- MYRTLE STREET LOT AREA; 13,674 SQ.FT. (0.31 ac.) BUILDING AREA/COVERAGE; 10,519 / 13,674 = 77% 52 GARAGE_ EXHAUST 2 Il 4 5 NORTH STAIR STORAGE PARKING 24 STALLS 18 BBY EL E ATOR SH 13 10 20 22 13 23 14 24 MECHANICAL FLOOR PLAN - GARAGE FLOOR PLANS Al DINT EAST DECK �I EAST a DECK a �4. Jll C1 EAST DECK / UVN g - �❑ UNIT 1,230 SF L __ L vING - - - - IIDINING II _..� </\ L BEDRM. I L �= BEDRM 2 - - - IJVING NORTH ICHE y / / DECK X W.I. I { KITCHEN C COS II W.I. CLOS. 11 KITCHEN II II _ Zzi UNIT3 2,510 SF F'. UNIT IA L FOYER KITCHEN UNIT 2 2,110 SF BATH 3 II II 1,240 SF 1 IJvING BAT LAUNDRY log II LA NDRY - FOYER IIy� �ATH u� BEDRM. II II a r FOYER / . ❑ ❑ ❑ FOYER BATH M M y MECHANICAL BEDRM. C BATH \ CLOS W.I. CLOS. O(� .LE TOR BEDRM.2 L'Y J L NOFTH STAIR S SOL'H STAIR COMMONS o FLOOR PLAN - LEVEL I - 4 UNITS FLOOR PLANS A2 1M1 NOV + NORTH SOUTH STAIR STAIR FLOOR PLAN - LEvELS 2f3 - 3 UNITS / 8„ = 1._0.. FLOOR PLANS A3 1M1 NOV PENTHOUSE'' 2,910 SF '..... 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I am an owner of a condominium in the Steepletowne building, also located at the intersection of Third and Myrtle Streets. It is my concern that the structure, as proposed, is overbearing for the lot size and, therefore, an over-densification of the surrounding neighborhood for the following reasons: 1) Despite the location of the lot being under the zoning regulations of the downtown business district, the height and footprint of the structure as proposed would be detrimental to our City's historic "Church Street" (Third St.). It would dwarf the steeple of the Steepletowne building (built in 1884), rise to the height and breadth of Trinity Lutheran Church, and visually obstruct the vista on the steep decline of Myrtle Street which serves as a gateway into our historic downtown district. 2) The developer suggests a mansard style roof to mask the mechanical necessities on the roof top, elevator shafts, etc. However, he also proposes a penthouse on that same roof top, actually creating a 5th floor on the structure by so doing. I believe the variance request is from 35 to 43 feet. However, the overall height will indeed surpass that 43 foot request if calculations are made using the roof height averaging formula. From the drawings shared with me, I can only deduce that the overall height from sidewalk level could then approach 50 feet. I understood initially it was proposed to be a 3-story structure overall. However, as drawn, it appears the largely above ground parking garage is not considered a story in and of itself. That changes the concept to a 4-story building. With the addition of the mansard roof containing a penthouse, it conceivably becomes a very imposing 5 story building. My concern is that the granting of a height variance for this proposal could set a precedence for the future and create the effect of too much structure on too small of a lot. 3) The traffic safety concerns of the proposed ingress/egress off of Myrtle Street should not go unaddressed as well. The intersection of Third and Myrtle has 3 existing stop signs, not 4. There is no space for a turn lane to be created on Myrtle Street west -bound for ease in entering the building's underground parking facility, Therefore, a vehicle entering or leaving the proposed structure must pause across a sidewalk, lower or raise a garage door, and then proceed to enter the traffic flow on the steep Myrtle incline without the benefit. of a stop sign in the west -bound lane of Myrtle Street at the corner of Third, Backing out of the. parkinggarage would be even more problematic, The proposal shows underground. parking for about 24 vehicles. This traffic wouldbe coming and going from the parking. garage in very close proximity' to an already accident -ridden. intersection_ I would suggest any' other garage entry plan. either off of Third Street or from the north end of the structure would lesserl.. this impact to traffic flow and safety. 4) The request for sizeable set -back variances on. the north, west, and. east sides of the structure would indicatethe building, as designed, is too large for the existing lot. Allowing the developer to build out to the property's furthermost perimeter sets precedence and creates aesthetic issues in this particular case, effectively allowing for 110% usage of the available property. 1 respectfully ask. the Commission to deny the variance. requests for this Case and instead. to enforce the existing set -back requirements and existing height constraints in deference to the historically significant surrounding area. Although a formal bufferzone does not exist between. Third Street's residential zoning and the downtown commercial district, I suggest that a smaller footprint and a. lower profile for this project in this location. would. allow for a. more suitable transition_ Stillwater is very proud of its' heritage and the structures that epitomize its' past. "Church Street" plays a significant role in our. City's architectural charm. Going forward, let's continue to strive to conceive, design, and implement the very best integration. of the old with the new to enhance Historic Stillwater. Thank, you. for the opportunity to register. my concerns. Dick Sjoberg' Property Owner (218) 686-7578 Abbi Wittman From: Sent: To: Subject: Re - Case CPC/2017-62 ELAINE CONNORS <elaine.connors@me.com> Saturday, December 09, 2017 1:37 PM Abbi Wittman Case CPC/2017-62 We are writing in response to your notification of the above referenced application for zoning variances for the proposed condominium building at the intersection of 3rd Street and Myrtle in Stillwater. We are owners of a condo unit in Steepletown building located at the same intersection. We have two major concerns with this new condo building proposal. 1. The height of the new condominium building would overwhelm the existing skyline on 3rd Street and Myrtle. It is too high for this historic neighborhood and it would stick out like a sore thumb. Also, we are of the opinion that its architectural design does not blend in with the historic buildings on 3rd Street. We would welcome a design that take the existing looks in mind and try to blend in. 2. Currently pedestrians take their lives in their hands as they cross the intersection on 3rd and Myrtle whether heading for downtown, the public library or the two churches on 3rd, or to the post office, or to the city hall. Pedestrian safety is a critical and urgent issue that needs to be addressed immediately. Traffic flow would also have to be addressed in view of the proposed condominium building's plan to situate their car park ingress/egress on Myrtle St. Cars come speeding up on Myrtle often times quite recklessly, and we are not exaggerating when we say that we put our lives at risk crossing this major intersection. We respectfully ask the commissioner to revisit the variance requests for this case taking into consideration the local residents' concerns before granting their request. Sincerely, Elaine and Patrick Connors 116 3rd Street South Stillwater, MN Sent from my iPad Abbi Wi NNOMMUNAMMMEM From: Sent To: Cameron Murray <ctnurnq/@meccom> Saturday, DecemberO8' 20I7 2:46 PM AbbiWittman; David ]unker CPC/ 2017-62 Condo proposal for Third and Myrtle Having read the planning commission packet I have to agree with the one commenter Dick Sjoberg that the location of the underground parking entrance will be unworkable and unsafe (very close to the intersection of Third and Myrtle). As everyone knows, the reason for a three way stop at Myrtle and Third is so that cars leaving town don't have to stop as they climb that steep hill between 2nd and Third. The single house between 2nd and Third does not generate much traffic, I have never seen a vehicle entering or exiting. But my experience with Stillwater Mills is that condos do generate traffic. There will be a morning and evening rush hour out/in at this location which also happens to be the rush hour for Myrtle. The staff recommends moving the entry to the garage further east, closer to the property line of the existing house, but | think this only helps slightly. I realize currently only the area residents were informed of the proposal, But as this progresses to council the project will get greater attention. | think lots nfresidents would be opposed to this parking entrance on Myrtle. So | thought | would share some alternatives for the'developer to consider. I have copied my council member to bring this up when it gets to council, so maybe the developer could consider some alternatives ahead of time. This property abutsthe city parking garage. I did a quick look up, and car elevators are possible (class B allows people and cars together) and used quite abit for challenging parking situations. Soanelevator accessed from the top level of the city parking garage would be feasible (and maybe an emergency only exit onto Myrtle). But it also occurred to me that the proposed parking garage might line up with an existing level of the city owned parking garage. Snanroughly level access entry from the city garage (residents would have to have some entry key card into the garage). Thanks for your attention Cameron Murray 1 - December 1I3OD Stillwater Planning Commission Case No.: CPC/2017'62 Dear Planning Commission members: MA This letter is in regard to the request for consideration of a CUP and Variances from Browns Creek West, L�, related to property at cornerofK�yrt|� Street and 3 � Street m Street property") that Browns Creek purchased from Trinity Lutheran Church inJanuary %O17. We have reviewed the Planning Report prepared by Abbi Jo Wittman, City Planner, which recommends denial ofthe applications. The applications, asxveunderstand them, are for the purpose ofpermitting construction of a four-story building on the 3rd Street property, across the street from Trinity and adjacent tothe city parking ramp. Based onthe Planning Report and the information available atthis time, Trinity supports the recommendation of the city staff to deny the height variances requested. Please also see the attached letter from Trinity, dated, Jan. 4,2O17 supporting city staff s recommendation to deny earlier variance applications for development of the said property. The Church's position has not changed in that we do not support a height variance, Thank you for your consideratiom Respectfully submitted, Doug Johnson, President Trinity Lutheran Church Congregational Council Trinity Lutheran Church -�- 115 N. Fourth Street 4~ Stillwater, MN 55082 -~ 651.439.7400 4- trinitn|corg January 4,2017 Stillwater Planning Commission Case No.: 2016'43 Dear Planning Commission members: Lone /`~',`�,"m `w�n,, This letter is in regard to the zoning variance applications from Browns Creek West, LLC,related to property atthe corner oyMyrtle Street and ]mStreet /"3mStreet pnopert«"\that Browns Creek has agreed topurchase from Trinity Lutheran Church. Thank you for rescheduling this agenda item from your December meeting tmJanuary. Trinity did not learn ofthe variance applications until afew days before the meeting, and our church council had not had an opportunity to consider it before your December meeting. The church council has now met todiscuss the applications. VVereviewed the Planning Report prepared by Abbi Jo Wittman, City Planner, and which recommends denial of the applications. The applications, as we understand them, are for the purpose of permitting construction of a four story building on the 3 m Street property, across the street from Trinity and adjacent to the city parking ramp. Based on the Planning Report and the information available at this time, Trinity supports the recommendation of the city staff todeny the variance applications. Thank you for your consideration. Respectfully submitted, Gail M. Olson, President Trinity Lutheran Church Congregational Council Trinity Lutheran Church + 115 N. Fourth Street Stillwater, MN 55082 4 651.439.7400 4 trinitylc.org January 5, 2018 Abbi Wittman City Planner Stillwater, Minnesota Reference Case No. CPC/2017-62 Dear Abbi, I am one of the owners of the Steeple Towne Condos on the corner of 3rd and Myrtle. I wish to voice some of my concerns regarding the proposed construction of a new condominium on the Northeast corner of 3rd and Myrtle. I will outline the main points first and then finish with comments at the end. We have had a meeting with the developer and seen the proposed drawings and outline of the building. • The proposed elevation of the structure is overwhelming and imposing. The Height will be 1/3 higher than the existing telephone post on the corner now. If you go out and look at that, it is shocking and does not fit into the slope and landscape of the surrounding land and buildings. • The requested variances for setback and size overpower the lot and are completely out of proportion. The height will be two times higher than anything around and will block everything out. • The ingress and egress of Myrtle will cause tremendous traffic problems and danger. The corner of 3rd and Myrtle is dangerous and a serious problem now. We observe several crashes each year on that corner and I have personally pulled out two people from their cars this year. With the steep slope of Myrtle between 2nd and 3rd, adding an entrance in the middle would be disastrous and lethal. • The architectural design of the proposed building does not consider anything to do with aesthetics and matching the historic Church Street (3rd St.) and all the care that has been taken over the decades to maintain the integrity of design, views, and history. The proposed structure is a design disaster. • We predict a lot of problems with the planning of this structure as we have heard they have already received a variance yet the design has not been submitted. Is this not backwards? I am not against development. But, I believe in development with integrity to design, style, views, landscape and the community that lives here. The potential design of this building could be beautiful and fit into the surroundings, but that might not allow a maximum density occupation to maximize profits and sacrifice the beauty and designs of Stillwater. There is a reason Stillwater is rated as one of the most beautiful cities in the U.S. We all need to work together to insure the legacy of this historic town for future generations. Sincerely yours, Robert Hasel, D.D.S. 114 S. 3rd St. Stillwater, MN 55082 hase1007 cr gmail.com (480) 459-8218 From: Dick To: Abbi Wittman Subject: Fwd: Proposed building at 3rd and Myrtle Date: Sunday, January 07, 2018 11:27:13 AM Re: Case No. CPC/2017-62 Dear Ms. Wittman, Please include the following pictures and comments in the file for the above referenced proposed development. Thank you, Dick Sjoberg Photo 1 below: The pole in the foreground is about 38 feet tall. The proposed building would be one-third again as high as that pole at the center of the lot along Third Street. If one is standing below the lot on Myrtle, the building would be closer to sixty feet tall as the land drops off substantially. Photo 2 below: The brown and white two story building on the right is the American Legion. The proposed development would rise three additional floors. The proposed building is being placed at the top of the first hill coming up out of the valley rather than being set against the hillside. Photo 3 below: Again, this is the view descending eastward on Myrtle St. approaching historic downtown Stillwater. The proposed building would create a massive visual obstruction on this main entrance to our downtown and the scenic St. Croix River Valley. Remember that the pole is 38 feet high and the proposed building would be 1/3 again as tall. I would ask the staff, Planning Commission members and members of the City Council to drive down Myrtle eastward, and visualize the effect the height of the proposed structure would have. The scope of the concept would have a significant impact on City sight lines, traffic congestion, densification, and the surrounding neighborhood. Respectfully submitted, Richard Sjoberg Property Owner 1plU,V,iiU nn IIIII I� �NN'Illlllluuul I.111111...1 IIIIIIIIII III I ' \\'''('T w�� m l u III„',,III,VI,I, � null' liuml III � I , 1 r l u MINI I I I III IVi IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111�I�� 1M1111 1111111111IIMUI�I IIMIM o' oil IO \ \ \ \ w , 11v1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111imilmin �mMMMuuuiiiIIIII illi,i,IW mliulIIIIIIIIIIIIiIllll, w,w,w,w,w,w,www�w�ww�w�w u�uuub�l a ww��mwwu��u � N VYu01ll IIIIIIIIIIv uw ''' i'ili'i# VA\ MII1M"IIN ''u 11II M 11'111M BMIIMul ull I1IIII �Ilw�li I'uI Idd reel �'�Ireure10000 ))( Op ��lgll' � /770 I�l �� a „, „ V I°°'V i su��u��IlYq1u�1�IYppvIl�uwwwWWl�� '14,1 ' ,i)11111I1111111?iiil,j ji \ii, fl? i Dill' I,i q 11IIVIIIIihIlRlll u' „pNy r,,a I 11 1 1111 1111111111111111111111111111111111111111111111 ,i11111111110001OOO1O,11111111111111111Oloo11 „� ullll�h��11„ P�V ak;Shlu, �.. �Vlll ' OAF pro „ ai4u111,111Yd" 111 A)011. � III��I � � � �� orlirst\I�v . II �i; � III Y , II m fl1tl 6 I1 'r Ioul, a lw 1U10 lE;ll olul IVN1Nm "'„ «�mmuulNl414��4134+!I,I��1 1111'II 9RNI fail y9VU IIYI4rv�M� 1� Irl ({ ('II111111 ISI 1 1�191��1,11)N�11 u11111"IIIIIIhIIIiiII'U�IIII)1l111111111�111�� J ll�jl ��k tlll I p,M1 °i. ., oi ��M1I11 ^l fl n II N �� PI NI 11111011, 16x111' 11 000 111111111111111111111111 Il�lllllg1 Sri Uolool000loo11111111111111 11�� 10#9111#N II . as I 0, Jooa uih ............... 11111111�NI wNluN IYG NM d�;IGP IJIili11 I l�ivmI,11,1 1,111P '1 n IIIIIIIIII ?uuN1 Ntl1111^"11d11111u ,Itiu1lil iilllllu' 1NY1 V l'IIXdi ppV X I i In'N111��`1��IIIYm�� Vp�I'N�^��Ilmml�"uu'I�iI�I��V��il��ilXli ��I��I�II��yIIlllliiluiNhll��lON�luYlluui�lN',�IYhX.�p��{ IP VIV. IYINuII��YIIVIII)Iu1i��1�1111YI�IIIIYl1'IIiNN1N11��1ti'riill,vli�ovruSrll�l'",nm,'c'11I1111111VIIII1I1wIn, 1111111IIIIIX114NNN��1�uV III911111111111111111111111I11IIIIIIIIIIIItloulllllllllliliililiili11111111111 IIVIInuuinininnininillll;;;l°°WI '1lPuu4 ,,,10,1111',uati111111Id,,iP1 ��I� ��i�i�ii ��III' iii��ui uu�. i�i�uuullmuu�nulumlIlumuuuu Sent from my iPad IIINdINllllllui �I�II�j@uIIVI�IIYIIYI�� YiIil�Ilul��lloiV'IIIVIlIY11M ;l�iiiiilii1ll tli;0° 11111111111111111111111 January 8,3O18 AbbiVVhitman City Planner City of Stillwater Minnesota Tnthe City: �� "v �-~ � ��' ��om | am a resident at 112 3 m Street (SW corner of Myrtle and 3mStneet). The proposed building on the NE corner ofMyrtle and 3r1 Street) is approximately 100feet away from the front door ofmy residence, the old church building opposite the American Legion building. I believe there are several factors that the City should consider in light of the requested variances for the proposed structure. Traffic Safety * The proposed egress/ingress for the building is on Myrtle at a 3-way stop; on Myrtle and 3m that is a poorly understood intersection (especially by tourists). Multiple traffic accidents happen at this intersection every year. Having stop ping/turninn/entering traffic at the juncture of this intersection is likely to increase traffic hazards. • Sight -lines for drivers onNorth 3mStreet should beconsidered. |fthe building isconstructed very dose to Myrtle, drivers would be unable to see the oncoming traffic coming from the east (who do not have tostop). Building Height * The proposed structure is approximately SU feet high on the 3 m Street side. As a point of reference, the power lines on the NW side of this intersection (former Post Office site) are about 37feet. |fyou are driving down the hill on Myrtle, the proposed structure would completely block the view of the St. Croix River. Green Space * Green space inurban Stillwater isatapremium. More green space atthe intersection ofMyrtle and 3mwould improve sight -lines and traffic safety. * The visual impact of the building when driving down the hill on Myrtle would be greatly reduced if this was a vegetated "green roof" surface, which vvuu|d also benefit residents of the proposed I understand this is a buildable lot, and the developer can offer proposals to the City. Since variances are involved in the proposed project, | ask the City to consider my comments. � « Scott Wallace 1123dStreet S Stillwater K4NSSOO2 763'498-4597 MEMO DATE: HEARING DATES: LANDOWNER: DEVELOPER: REQUEST: LOCATION: COMP PLAN: February 13, 2018 Planning Commission Park Commission Joint Planning Board City Council CASE NO.: 2017-67 January 10, 2018 February 26, 2018 February 12, 2018 January 30 and February 201, 2018 Ken Heifort Todd Ganz, Integrity Land Development 2nd Reading of rezoning to RB, Two -Family Residential 8911 Neal Avenue Low/Medium Density Residential CURRENT ZONING: 1) Base Zoning: AP, Agricultural Preservation 2) Overlay Zoning: Natural Environment Lake, Shoreland Management District for South Twin Lake REPORT BY: Bill Turnblad, Community Development Director BACKGROUND Todd Ganz, Integrity Land Development, is proposing to develop Phase Two of the 26.1 acre Heifort Hills Planned Unit Development (PUD). The 24 home sites located in the 15.2 acre first phase were platted as the Ponds at Heifort Hills. This, the second phase, also has 24 home sites, which are spread across 10.9 acres of land that will be platted as Heifort Hills Estate. The City Council approved the Final PUD, preliminary plat and the first reading of the rezoning for this case on January 30th. SPECIFIC REQUEST To approve the 2nd reading and adopt the rezoning ordinance. January 20th will be the public hearing for the Final PUD, Preliminary Plat and 1st reading of the rezoning. Heifort Hills Estate February 13, 2018 Page 2 COMMENTS The Joint Planning Board approved the rezoning at their meeting on February 12, 2018. RECOMMENDATION Staff recommends approval of the second reading and adoption of the rezoning ordinance. cc: Todd Ganz Attachment: Ordinance bt ORDINANCE 1103 AN ORDINANCE AMENDING THE STILLWATER CITY CODE SECTION 31-300 ENTITLED ESTABLISHMENT OF DISTRICTS BY REZONING APPROXIMATELY FIFTEEN ACRES TO RB, TWO-FAMILY RESIDENTIAL The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: Section 1. The zoning of the subject property, location of which is legally described in Exhibit A, is hereby amended to RB, Two -Family Residential. This proceeding is known as Case 2017-67. Section 2. This Ordinance shall be in full force and effect from and after publication according to law. Section 3. This Ordinance shall not be published until the Final Plat for the subject property is approved by the City Council. effect. Section 4. In all other ways the Stillwater City Code shall remain in full force and Adopted by the City Council this 20th of February, 2018. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: J. Thomas McCarty, Acting City Clerk Exhibit A Parcel A: The North 720 feet of the West Half of the West Half of the Northwest Quarter of Section 20, Township 30 North, Range 20 West, Washington County, Minnesota. Except that part thereof conveyed to School District No. 55 by deed dated June 26, 1874, recorded July 30, 1874, in Book Z of Deeds, page 12. Parcel B: That part of the West Half of the West Half of the Northwest Quarter of Section 20, Township 30 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the northwest corner of said Northwest Quarter; thence on an azimuth from north of 178 degrees 48 minutes 31 seconds, oriented to the Washington County Coordinate System, North Zone, along the west line of said Northwest Quarter, a distance of 720.18 feet to the south line of the North 720.00 feet of said West Half of the West Half; thence continuing on an azimuth of 178 degrees 48 minutes 3lseconds along said west line a distance of 67.00 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds a distance of 654.50 feet to the east line of said West Half of the West Half; thence on an azimuth of 358 degrees 51 minutes 04 seconds along said east line a distance of 66.07 feet to said south line of the North 720.00 feet; thence on an azimuth of 70 degrees 04 minutes 53 seconds along said south line a distance of 654.57 feet to the point of beginning. MEETING DATE: APPLICANT: REQUEST: PREPARED BY: H 1; 1 a Pad I a a 1 A February 20, 2018 CASE NO.: 2017-68 Michael McGrath, DBA 1815 Greeley, LLC, property owner Request for a Zoning Text Amendment to allow limited retail sales in the BP - I Zoning District by Special Use Permit Bill Turnblad, Community Development Director BACKGROUND Michael McGrath, 1815 Greeley, LLC, has applied for a Zoning Text Amendment to allow for the continued use of a tenant space in 1815 Greeley Street South as a retail store. The property is zoned BP -I, Business Park - Industrial, which only allows for retail sales of products manufactured on -site. The business in question does not qualify for this allowance. So, the building owner is asking to allow limited retail sales of products not manufactured on -site. On January 30th the Council approved the first reading of this ordinance with the note that the limited retail in this request should be combined with the current allowance for retail sales of products manufactured on the site. SPECIFIC REQUEST The City Council is asked to consider approving the second reading and adopting the ordinance. COMMENTS The attached ordinance reflects the Council's requested language change. Attachments: bt Ordinance Planning Commission minutes (excerpt) Planning Report i 1 ter THE IIRTMRLACE OF MIMHESOTA PLANNING COMMISSION MEETING MINUTES January 10, 2018 I' 'at yet llpta�� y ��ianrung a: m: mm smamm REGULAR MEETING 7:00 P.M. Chairman Collins called the meeting to order at 7:01 p.m. Present: Chairman Collins, Commissioners Fletcher, Hade, Hansen, Kocon, Lauer and Siess; Councilmember Menikheim Absent: None Staff: Community Development Director Turnblad, City Planner Wittman 1 i.;(F i1II IT INCUR IDES E1N Il i� , N" LY F R L� iN ipi�ID7 �� Case No. 2017-68: Zoning Text Amendment (ZAT) to allow retail uses in the BP -I District by Special Use Permit for the property located at 1815 Greeley Street South. Michael McGrath property owner. Community Development Director Turnblad explained that Michael McGrath, doing business as 1815 Greeley, LLC, has applied for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be permitted by Special Use Permit in the BP — I Business Park Industrial zoning district. If the ZAT were approved, he would then proceed with the SUP process for the Commission's consideration of a retail store not exceeding 10% of the total floor area of the existing building he owns, located at 1815 Greeley Street South. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, but that allowing retail space of no greater than 10% of an industrial building's total area by SUP, up to 4,000 square feet, would not significantly change the nature of the industrial building. Additionally, staff finds that allowing limited retail of this nature would help to satisfy a demand for retail space while still preserving the majority of industrial -zoned properties for industrial use. Staff finds the proposed ZAT is not in general conflict with the principles, policies, and land use designations set forth in the Comprehensive Plan. Therefore, staff would recommend the Planning Commission forward a recommendation of approval to the City Council. Commissioner Kocon pointed out the issue in this case involves a relative or complementary use. He questioned whether it should be a requirement that the retail use be related to the industrial use. Mr. Turnblad it could be required that the retail use be associated with another use on site and not be the only use. Commissioner Fletcher remarked she doesn't see the need to be more restrictive because the SUP application will come to the Commission. Commissioner Siess pointed out that industrial use occupies a fairly small percentage of property in Stillwater. She does not favor allowing retail because retail may go in several other zoning districts. Commissioner Kocon agreed, adding that if the industrial use goes away, the commercial use would likely go away too and there would logically then be a new industrial application for some other use. Tim Sauro stated he works for Mike McGrath. The use that occupies the building now is similar to what they had last 15 years with Roof Depot. Sew With Me is doing repairs on equipment and not a lot of retail customers come in to buy supplies, so they feel it's similar to what has been there. It's only 3,000 square feet of finished space. Chairman Collins opened the public hearing. There were no public comments. Chairman Collins closed the public hearing. Commissioner Siess noted that the experience of the senior living ZAT near Our Saviors Church showed her that the ZAT process is a slippery slope. The industrial section in the City is extremely small and creates a lot of revenue, and there are other areas for retail in Stillwater. She feels this is not what the industrial zone was designed for. Motion by Commissioner Hansen, seconded by Commissioner Hade, to recommend that the City Council approve Case No. 2017-68, ZAT to allow retail uses in the BP -I District by SUP for the property located at 1815 Greeley Street South, modifying the recommended approval to state "allowing for retail space of no greater than 10% of the total building area or 4,000 square feet, whichever is less." Motion passed 6-1, with Commissioner Siess voting nay. PLANNING REPORT MEETING DATE: APPLICANT: REQUEST: ZONING: January 10, 2018 CASE NO.: 2017-68 Michael McGrath, DBA 1815 Greeley, LLC, property owner Request for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be located in the BP - I Business Park Industrial Zoning District by Special Use Permit BP - I Business Park Industrial COMP PLAN DISTRICT: I - Industrial PREPARED BY: Erik Olson -Williams, Zoning Administrator/Assistant Planner APPLICANT REQUEST Michael McGrath, doing business as 1815 Greeley, LLC, has applied for a Zoning Text Amendment (ZAT) to allow for limited retail uses to be permitted by Special Use Permit in the BP - I Business Park Industrial zoning district. If the Zoning Text Amendment were approved, he would then proceed with the Special Use Permit process for the Commission's consideration of a retail store not exceeding 10% of the total floor area of the existing building he owns, located at 1815 Greeley Street South. While the applicant has provided a specific plan for the future use of the aforementioned parcel, this is not for the Commission's consideration at this time. The application before the Commission is whether or not limited retail uses should be permitted by Special Use Permit on all BP - I Business Park Industrial zoned parcels. APPLICABLE REGULATIONS Municipal Code Section 31-205, Zoning Map and Zoning Text Amendment, indicates amendments may be made when: ■ Public necessity, general community welfare and good zoning practice permit the amendment; and ■ The proposed amendment is in general conformance with the principles, policies and land use designations set forth in the comprehensive plan. STAFF ANALYSIS Existing Zoning Code Provision In determining whether a proposed use will fit within a zoning district, the Commission should first be aware that the proposed use will need to conform to all provisions of the underlying BP - I Business Park Industrial zoning district. It should additionally be noted that as the applicant has proposed retail uses to be permitted by Special Use Permit, this would allow for individual review of each new retail space in a Planning Commission public hearing prior to the approval of the new development. Therefore, if the ZAT was approved, the Commission would still have site -specific development review and opportunities for public input would occur. The BP - I Industrial Zoning District is a commercial district which currently allows for only retail sales of products manufactured on -site by Special Use Permit. Permitted uses in this district are intentionally limited. Aside from uses of an industrial nature, only general, financial and medical offices are permitted within the BP - I Zoning District. In addition to retail sales of products manufactured on -site, cultural amenities and government facilities are allowed by Special Use Permit. Many of the City's commercial zoning districts, such as the General Commercial (CA), Central Business District (CBD), and Business Park - Commercial (BP - C) Zoning Districts allow for most forms of retail. Approximately 6.5% of the City's land area is currently occupied by commercial uses compatible with these Zoning Districts. Comprehensive Plan: Land Use and Density The purpose of the Comprehensive Plan Chapter 2, Land Use, is to "designate lands appropriately located for a range of residential uses, neighborhood, commercial, light industrial, parks and open spaces on the land use map." Per this chapter of the Comprehensive Plan, areas guided for Industrial use are not intended to be used for retail purposes. Land Use also indicates that industrial uses make up only 0.40% of the City's land. Hastings and Anoka, two cities used as comparables by the Comprehensive Plan, have approximately 4.40% and 11.40% of their lands dedicated to industrial uses, respectively. So, the loss of any of the industrially used space is significant. That said, if only 10% of the building space in an industrial property is converted to a retail use, the property is still predominantly industrial. PROPOSED TEXT AMENDMENT Sec. 31-325. - Allowable uses in non-residential districts ALLOWABLE USES ZONING DISTRICTS CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS Retail space of no greater than 10% of the total building area SUP Cc scr N. '€" %. n CRC": €rk /€09/2€017 Pagcr 2 of?) ALTERNATIVES, FINDINGS, AND RECOMMENDATION The Planning Commission has the following options available to them: 1. Recommend that the City Council approve Zoning Text Amendment 2017-68 allowing for retail space of no greater than 10% of the total building area in the BP - I Industrial Zoning District. 2. Recommend that the City Council deny the requested ordinance amendment. 3. Table consideration for more information. Staff finds that the preservation of industrial -zoned properties for industrial use is in the public interest, but that allowing retail space of no greater than 10% of an industrial building's total area would not significantly change the nature of the industrial building. Additionally, staff finds that allowing limited retail of this nature would help to satisfy a demand for retail space while still preserving the majority of industrial -zoned properties for industrial use. Staff further finds the proposed 2017-68 zoning text amendment is not in general conflict with the principles, policies, and land use designations set forth in the comprehensive plan. Therefore, staff would recommend the Planning Commission forward a recommendation of approval to the City Council. ATTACHMENTS Zoning Map Applicant Narrative Request Casa No 2.' % n CPC: : €rk /€09/2€017 Pag. 3 0:173 SKIIINA a The Birthplace of Minnesota Zoning July, 2017 N 1,000 500 0 1,000 2,000 Feet District AP: Agricultural Preservation LR: Lakeshore Residential CTR: Cove Traditional Residential RA: One Family Residential TR: Traditional Residential CCR: Cove Cottage Residential RB: Two Family Residential CR: Cottage Residential =TH: Townhouse Residential CTHR: Cove Townhouse Residential RCM: Medium Density Residential RCH: High Density Residential CBD: Central Business District e VC: Village Commercial CA: Commercial BPC: Business Park Commercial BPO: Busness Park Office BPI: Business Park Industrial CRD: Campus Research Development PA: Public Administration PWF: Public Works Facility PROS: Parks, Recreation and Open Space Urban Features Municipal Boundary Road Centerline ROW Surface Water Lakes — Rivers Document Path: S:WlanninglGlStoning120171Zoning__2017.mxd December 13, 2017 To whom it may concern: I, Michael McGrath am the owner of the commercial building located at 1815 Greeley Street, Stillwater, MN. I have owned the property for the last 20 years. I have also been a resident in the city of Stillwater since 1998. When I purchased the building it was in total disrepair and vacant as the long term owner/tenant had gone out of business. We went through all the proper permitting and plan review with the City of Stillwater for the renovations of this property. We have maintained the property and paid real estate taxes in a timely fashion for the last 20 years. We have had a number of tenants lease this property, including two of my companies, one called M.G. McGrath, Inc, and the other called Roof Depot. We believe our current tenants fall within the current zoning requirements. I would like to describe both the Roof Depot business that leased this property for the last 15 years, as well as our new tenant, Sew with Me. Roof Depot was a roofing supply company. It warehoused, sold and delivered roofing materials throughout the Twin Cities metro area. In the front of the building there is approximately 3000 s.f. of sheet rocked walls and carpeted floors that Sew with Me now occupies. Roof Depot ran their show room out of that space where people/customers would come in and pick out the style and color of the shingle roof they would like to purchase. The shingles and other roofing materials were stored in the 30,000 s.f. of warehouse space behind the 3,000 s.f. area showroom. Sew with Me now occupies this 3,000 s.f. sheet rocked and carpeted area, as well as a small portion of the back warehouse. Sew with Me receives materials for this location, as well as their other locations and then warehouse it until needed for one of their other four locations. They also manufacture Quilts and repair sewing machines. They do sell these sewing machines, however they are very specific sewing machines that cannot be purchased in retail locations or on the internet. Although this is an entirely different business than the Roof Depot, I feel there are many similarities. Sew with Me occupies less than 10 percent of this 40,000 s.f. building. They are an excellent tenant, and I feel they are a wonderful business to have in the City of Stillwater. If after reviewing the above information you still feel Sew with Me does not fall under the BP-1 zoning district, I ask that you consider a Text Amendment so this wonderful tenant can continue operating out of 1815 Greeley Street. I truly believe they run a very nice business and are a good fit for the building as well as the City of Stillwater. Thank you very much. I look forward to hearing from you. Sincerely, Mike McGrath MEMORANDUM To: Mayor and City Council From: Shawn Sanders, Director of Public Works Date: February 15th, 2018 Re: Authorization for Feasibility Study DISCUSSION Washington County (County) is planning road improvements on South Third Street from Walnut Street to Chestnut Street this year. The County is planning to remove and replace the concrete pavement and to widen the sidewalk on the east side of the road. The County will pay for a majority of the project, but according to their cost participation policy, a portion of these costs will be charged to the City. It is proposed that these costs be assessed to the affected property owners along this segment. Along with the road work, additional work will be considered as part of the study at the Armory building located at 107 E. Chestnut St; replacement of the retaining wall along Third Street and adding adequate water service for the building. RECOMMENDATION It is recommended that Council approve the authorization to do a feasibility study for the 2018 County Road 23 Improvement Project on South Third Street from Chestnut Street to Orleans Street. ACTION REQUIRED If Council concurs with the recommendation, they should pass a motion adopting Resolution 2018- , Resolution Authorizing Feasibility Study For the 2018 County Road 23 Improvement Project (Project 2018-09) RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR 2018 COUNTY ROAD 23 IMPROVEMENT PROJECT PROJECT 2018-09 BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the Council this 20th day of February 2018. ATTEST: J. Thomas McCarty, Acting City Clerk Ted Kozlowski, Mayor January 30, 2018 Tom McCarty, City Administrator City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear Friends of Community Thread, rEB 201.1 • connectlIng peoplle„ emiching Vives rteans W, N 55082: 1,43f 651.4'. 316 IF cornrr ,i(ythr(iladn'ff).,org Thank you for the donation of $15,275 to Community Thread in 2017. We are very grateful for the leadership position that the City of Stillwater takes in its support of our work in strengthening our community. Community Thread impacts people ofall ages through our volunteer engagement and direct service to older adults and low-income families. In 2017, our programs accomplished the following: Our Older Adult Program offered social and recreational activities, as well as programs proven to reduce the risk of falling, with 14,000 visits by participants )>. Through our Holiday Hope program, 1100 people were served, including 600 children. These low-income individuals and families received special gifts and meals for the holiday season thanks to generous sponsors and supporters Our Chore Services and Transportation program served 120 vulnerable adults, helping them remain independent. Overall, thanks to the generosity of 972 volunteers, we are able to accomplish our mission of improving the lives of adults and their families in our local community. Community Thread meets the Charities Review Council standards, and is proud to be an organization that demonstrates the appropriate use of resources donated by municipalities, foundations, donors and volunteers. Again, thank you for your generous support. Warmest regards, Sally Anderson, Executive Director community thread CITY OF MARINE ON ST. CROIX UY, BOX 250 MARINE ON ST. CROIX, MN 55047 651-433-3636 City Council Members Glen Mills 433-5879 Lon Pardun 433-2130 Chris Mowery 433-4957 Dan Willenbring 433-2015 Bill Miller 433-5354 January 29, 2018 ISD #834 Board Members Stillwater Area Public Schools 1876 Greeley Street South Stillwater, MN 55082 Re: Marine Elementary School Dear Board Members: On behalf of the City of Marine on St. Croix, I now write to you directly regarding the Marine Elementary School ("Marine School") which is located in our City. By way ofreview, since December 2015 when the closing of Marine School, and others, was suddenly announced, our City, citing the crucial role that schools play in the fabric of the neighborhoods that fund, populate and support them, has consistently asked the District what is planned to become of this community asset. Later, the City's specially designated representatives asked ISD #834 to engage in good faith negotiations to explore whether the school could be sold to our City which was instrumental in its establishment, operation and funding for more than half a century. Answers to those questions were not forthcoming as the ISD board referenced a "stay" relative to discussions of sale or reuse of the school. Nevertheless, in February 2017, the City worked painstakingly to accomplish a mutual agreement to eliminate the "stay" that existed between District 834 and its litigants to permit the District expressly to discuss, explore and pursue the potential sale of the school to Marine. After that time, no material discussions or mutual exploration of the concept has occurred -at least as involves this City with District 834. On March 30, 2017, specially designated representatives of the City attempted to discuss the matter with the board at a "learning session". The City was assured that the school board would work with Marine on this matter, as all Board members present individually indicated he or she saw no reason the District would not sell to the City as long as the selling price reflected the appraised value. On April 24th, the City was advised that ISD's 834's property committee had met. We were advised that the District was seeking an update to its already existing valuation appraisal of Marine School. We appreciated those indications and thank you for them, Though we were very pleased to learn that an appraisal already existed, the City was told it would take "several months" to update the appraisal. Accordingly, on August 28, 2017, having heard nothing further from ISD 834, the City wrote to the District's Kristen Hoheisel, indicating that we "would like to move forward with discussions of the Marine Elementary property...." and invited a meeting at your earliest convenience. No meeting ever occurred, but it is our understanding that the District's appraisal has now been updated. None of it has been shared with or discussed with the City. We have not seen the District's appraisal or its update. It may or may not be an accurate summary of value of this school but, not having seen it and having no understanding of its range, we cannot say. On or about November 17, 2017 the City's property committee chair was contacted by Ms. Hoheisel (by phone) who stated that the required price for the Marine School was $2,000,000 and that the City had 30 days to respond. Like any buyer, the City was hard pressed to respond to, let alone understand, ultimatums such as this but, nevertheless, the City proposed $665,000,00 which is roughly the same amount for which the Board sold its downtown Stillwater property, New Heights School. This proposal was rejected by Ms. Hoheisel immediately, without discussion or explanation and she responded (by phone) stating that the Board's last and final offer was $1,750,000.00 and the City had "7 days to accept it." We renewed our request for information about the value of the building as shown by the District's own appraisal, but this was refused. - We encourage, and respectfully request, that at this time the Board indicate a willingness to attempt meaningful negotiations and discussion for the possible sale of the Marine School to its constituent municipality. As an alternative to what has occurred, we invite earnest and good faith negotiations aimed at truly exploring the potential for this local public asset, We are flexible and will consider any number of approaches to determining a reasonable and market based value. We invite your good faith suggestions as well. Approaches which we suggest include, but may not be limited to: • Review of your appraisal and possibly payment of the very same amount identified as the property value in your appraisal. • That the parties jointly commission an appraisal by an appraiser, selected by one or both parties. • That the parties actually meet and discuss these matters in a face to face meeting (as would be conventional). • All of the above. Accordingly, the City respectfully requests that at this time, ISD 834 share the outcome of its appraisals with the City so that an offer from the City might be formulated or at least considered. In addition, since there have been no meetings between District 834 or its representatives since the commitment to negotiate was first declared, we request that a meeting be scheduled and held within the next two weeks. 2 Thank you kindly for your attention to this important matter. Feel free to contact me at any time. With Kindest Regards, Glen Mills Mayor of the City of Marine on St. Croix Cc: Denis Pontrelli, District 834 Superintendent Molly O'Rouke, Washington County Administrator Bryan Bear, Hugo City Administrator Eric Johnson, Oak Park Heights City Administrator Tom McCarty, Stillwater City Administrator Linda Klein, May Township Clerk Kathy Schmoeckel, Stillwater Township Clerk Nancy Healey, Baytown Township Clerk Carrie Seifert, West Lakeland Township Clerk Kristina Handt, Lake Elmo City Administrator Neil Soltis, Scandia City Administrator Senator Karin Housely, District 39 Senator Roger Chamberlain, District 38 3 BOARD AGENDA FEBRUARY 20, 2018 — 9:00 A.M. 1. 9:00 Roll Call ard of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, Chair, District 3 Lisa VVeik, District 5 Pledge of Allegiance Election of Chair of the County Board for the Remainder of 2018 Election of Vice Chair of the County Board for the Remainder of 2018 2. 9:05 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrawr, The County Board Chair will ask you to come to the podium„slate your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners, Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individualspresentation if it becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's Responsibilities, 3. 9:15 Consent Calendar — Roll Call Vote 4. 9:15 Public Works — Frank Ticknor, Design Engineer A. Approval to Award Bid and Authorize Execution of Contract for $184,450 with Fahrner Asphalt Sealers, LLC for 2018 Road Crack Sealing B. Approval of Cooperative Agreement No. 11503 with Town of Stillwater for Crack Sealing 5. 9:20 General Administration — Molly O'Rourke, County Administrator A. Approval to Set Public Hearing for March 20, 2018 to Consider an Appointment to Fill Vacancy in County Commissioner District 4 Seat and Request Letters of Interest by Submitted by March 7, 2018 B. Legislative Updates 6. 9:30 Commissioner Reports — Comments — Questions This period of lime shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and infbrmation, or raise questions to the staff This action is nor intended to result in substantive board action during this lime. Any action necessary because of discussion will be scheduled for a future board meeting. 7, Board Correspondence 8, 9:45 Executive (Closed) Session — Annual Performance Review of the County Administrator 9, 10:45 Adjourn 10. 10:50-11:35 Board Workshop with Public Health and Environment —Jean Streetar, Public Health Program Manager Update on Statewide Health Improvement Partnership Activities and Preview of Fiscal Year 2017-2018 Funding from the Minnesota Department of Health 1 1. 11:40-12:10 Board Workshop with Public Health and Environment — Gary Bruns, Environmental Program Supervisor Review Revisions to Solid Waste Ordinance #200 12. 12:15-12:30 Break for Lunch 13. 12:35- 1:05 Board Workshop with Public Works —Greg Wood, Building Services Director Discuss the Stillwater License Facility Options Assistive listening devices are available for use in the Counly Board Room If you need assistance due Is disability or language barrier, please call (651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 20, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY Administration Community Services Property Records and Taxpayer Services Public Works ITEM A. Approval of February 6, 2018 County Board Meeting Minutes. B. Approval of Amendment #4 to the Restated Cooperative Agreement for the Metropolitan County Consortium for the provision of Non -Emergency Medical Transportation services. C. Approval of resolution for the repurchase of tax forfeited land by Keith Nelson. D. Approval of application for renewal of an On -Sale and Sunday Liquor License for Stoneridge Golf Club Inc. located in West Lakeland Township. E. Approval of application for renewal of an On -Sale and Sunday Liquor License and for a Consumption and Display permit for the Disabled Veteran's Rest Camp Association located in May Township. F. Approval of Amendment No. 2 to Agreement #9927 with Lois E. Grundhofe for lease of county -owned house, and authorize its execution pursuant tc Minn. Stat. 373.02. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assisfive listening devices are available ror use in the County Board Room II you need assistance due to disability or language barrier, please call (651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER .P1'11111,1 BOARD AGENDA FEBRUARY 6, 2018 — 9:00 A.M. oard of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, Chair, District 4 Lisa Weik, District 5 9:00 Roll Call Pledge of Allegiance 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board mustfill out a comment card before the meeting begins and give it to the County Board secretary or the County Administrator, The County Board Chair will ask you to come to the. podium „slate your name and city of residence, and present your comments, Your comments must be addressed exclusively to the Board Chair and the,1411 Board of Commissioners, Comments addressed to individual Board members will not be allowed, You are encouraged to limit your presentation to no more than ,five minutes, The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or ,fit is not relevant to an issue that is part of Washington Counly's Responsibilities, 9:10 Consent Calendar — Roll Call Vote 4 9:10 Public Health and Environment — Lowell Johnson, Director Resolution — Proclaim February 2018 as American Heart Month in Washington County 5 9:10 Public Works — Frank Ticknor, Design Engineer Approval of Contract No. 11534 with WSB & Associates for $363,971 for the St. Croix Valley Roadway Jurisdictional Study 6 9:30 General Administration — Molly O'Rourke, County Administrator 7 9:40 Commissioner Reports — Comments — Questions This period of time shall be used by the Commissioners to report to the All Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive board action during this time, Any action necessary because of discussion will be scheduled for a figure board meeting, 8 Board Correspondence 9. 9:55 Executive (Closed Session) with Human Resources Attorney Client Discussion for Arbitration 10, 10:25 Adjourn 1 1. 10:30-10:45 Board Workshop with Library Review the "Show your Library Card Campaign" 12, 10:50-11:20 Board Workshop with Public Works Update on the Red Rock Corridor Small Area Plans and Joint Powers Agreement 13 11:25-11:55 Board Workshop with Administration Discuss Social Media Policy, Implementation and Recommendation 12:00 Finance Committee Meeting Assislive listening devices are available for use in the County Board Room If you need esslslance due to disability Or language barrier, please call (651)430.6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 6, 2018 The following items are presented for Board approval/adoption: DEPARTMENT/AGENCY ITEM Administration A. Approval of January 16, 2018 County Board Meeting Minutes. Community Services Human Resources B. Approval to appoint Catherine Bauer, to the Mental Health Advisory Council as the National Alliance on Mental Illness Representative, to a first term expiring December 31, 2020. C. Approval to appoint Jeffrey Klemmer, to the Workforce Development Board as the small business representative, to a partial term expiring June 30, 2020. D. Approval for the Washington County WorkForce Center to apply for the Minnesota Pathways to Prosperity Competitive Grant Program released by the Minnesota Department of Employment and Economic Development as authorized in the Laws of Minnesota 2017, Chapter 94, Sec, 2 Subd. 3(e), E. Approval of the 2018 contract with Canvas Health for adult and children's mental health services, family services, and after hour services. F. Approval to authorize the Human Resources Director to electronically submit the county's 2018 Pay Equity Report to the Minnesota Department of Management and Budget. Library G. Approval of Lake Elmo Library Community Room Use Agreement with the City of Lake Elmo. Public Health and Environment Public Works Sheriff's Office H. Approval of the novation agreement to transfer the Emerge Knowledge Design Inc. agreement for its ReTRAC Connect TM software for waste data and grant management information system to the Ramsey/Washington Recycling & Energy Board. Approval of Amendment No. 4 to Contract 9012 with Lockridge Grindal Nauen, P.L.L.P., in an amount of $60,000 for professional federal relations services. J. Approval of grant agreement amendment between the Minnesota Department of Public Safety, Office of Justice Programs, and Washington County Sheriff's Office, extending the expiration date to December 31, 2018 and increasing the funding by $100,000 for the 2017 Violent Crime Enforcement Teams grant. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. Assisfive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER BOARD AGENDA FEBRUARY 13, 2018 — 9:00 A.M. rd of Commissioners Fran Miron, District 1 Stan Karwoski, District 2 Gary Kriesel, District 3 Karla Bigham, Chair, District 4 Lisa Weik, District 5 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card befbre the meeting begins and give it to the County Board secretary or the County Administrator. The County Board Chair will ask you to come to the podium, date your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to Unlit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it becomes redundant, repetitive, overly argumentative, or if il is not relevant to an issue that is part f Washington County's Responsibilities. 3. 9:10 Consent Calendar — Roll Call Vote 4. 9:15 General Administration — Molly O'Rourke, County Administrator A. Approval of Amendment #6 to Contract #3812 between the State of Minnesota Tenth Judicial District and Washington County Related to Court Administration — Kevin Corbid, Deputy County Administrator B. Approval of Revisions to Policies: #1008 Blood or Bone Marrow Donation; #1019 Charitable Funds Annual Campaign, #1905 Performance Management C. Approval of Deletion of Policies: #1004 County Organization Charts; #6007 Commissioners' Committee Appointments D. Resolution — 2017 Fourth Quarter Donations 5. 9:35 Commissioner Reports — Comments — Questions This period of lime shall be used by the Commissioners to report to the full Board on committee activities, make comments on matters of interest and information, or raise questions to the staff This action is not intended to result in substantive boardaction during this lime, Any action necessary because of discussion will be scheduled for a future board meeting. 6. Board Correspondence 7. 9:50 Executive (Closed Session) with Public Works Review an Appraisal for the Property Located at 10870 Grey Cloud Island Drive, Grey Cloud Island Township, Minnesota, as it Pertains to its Purchase for Inclusion into the Grey Cloud Island Regional Park 8. 10:10 Adjourn 9. 10:15-10:45 Board Workshop with Public Works and Community Services Review Comments from Transit Needs Study Assistive listening devices are available for use in the County Board Room ff you need assistance due to disability or language barrier, please call (651)430-6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER WASHINGTON COUNTY BOARD OF COMMISSIONERS CONSENT CALENDAR * FEBRUARY 13, 2018 The following items are presented for Board approval/adoption; DEPARTMENT/AGENCY ITEM A. Approval of January 23, 2018 County Board Meeting Minutes. Administration Community Services Information Technology Property Records and Taxpayer Services Sheriff's Office B. Approval of county comment letter on the draft Grey Cloud Island Township Comprehensive Plan. C. Approval of resolution in appreciation of Craig Woolery, Cottage Grove's Public Safety Director and for his 34 years of service in law enforcement. D. Approval of the 2018-2019 contract with Midwest Special Services, Inc. to provide Day Training and Habilitation and related services for persons with disabilities for the period of January 1, 2018 through December 31, 2019. E. Approval of a contract with Canvas Health in the amount of $482,900 for the period of 01/01/2018 through 12/31/2018 for Mobile Crisis Services. F. Approval of contract with Vaske Computer, Inc. dba Collier IT for support and maintenance of the Oracle JD Edwards Enterprise One software maintenance and support, for the period of February 28, 2018 through February 27, 2019. G. Approval of the plat of Oakgreen Meadows Second Addition in Denmark Township. H. Approval of resolution authorizing Washington County to enter into a joint powers agreement with the Police Departments of Cottage Grove, Woodbury and Forest Lake to continue the Washington County Narcotics Task Force. Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote, Commissioners may elect to pull a Consent Calendar items) for discussion and/or separate action. Assislive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430.6000 EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER •-t. peter's United Church of Christ January 31, 2018 Stillwater Human Rights Commission City of Stillwater 216 North 4th Street Stillwater, MN 55082 Dear HRC Members: in Orleans Street East -tillwater, Minnesota 55082 Telephone: 651-439-2160 Website: stpetersStillwater.org I want to express my sincere thanks to the Commission for your interest, endorse- ment and assistance with the Martin Luther King Jr. Breakfast held at St. Peter's United Church on January 15th. Sixty-two individuals who are working in a variety of neighborhoods, interest groups and/or organizations around us were able to gather together to learn, network and find encouragement for their efforts to improve interactions among people and build a stronger sense of community in Stillwater and other communities nearby. I especially appreciated the publicity Melissa May created and coordinated for the Breakfast, Nancy Lyner's help with planning, securing volunteers and programming and Mike Polehna's knowledge of just who to contact for what turned out to be flawless audio -video projection of the Minneapolis -based keynote speech. Thanks to each of you for your assistance. And thanks to other Commission members who I know were in attendance on the 15th; your presence and participation in the dis- cussion time was a gift to those with whom you sat and spoke with that morning. It's my hope (and expectation) that St. Peter's will host a MLK Breakfast next year. I hope that the Human Rights Commission might desire to be an endorser again. In meantime, I appreciate the ongoing work you do as a Commission to celebrate and encourage those who seek to make Stillwater a more welcoming community that includes and supports a more diverse people reflective of our increasingly diverse society. Thank you for all you do. Sincerely, florrc/C:b-30traV Pastor Nancy Swanson