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April 22, 2024 Agenda Packet
A 1.67.979,591,8$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevni?gnidulcni67.979,591,8$?fo?tnuoma?eht?ni?,4202?,22?lirpA?rof?stnemesrubsid?latot?fo?gnitsil?eht?gnivorppA??.licnuoC?ytiC?ehtfo?droc er?laiciffo?eht?sa?gniteem?licnuoC?,4202?,8?lirpA?eht?fo?oediv?dna?setunim?eht?gnitpeccA????????retsehcoR?fo?ytiC?eht?rof?seitiroirP?dna?,selpicnirP?,noisiV?ecnaigellA?fo?egdelP??.sdeen?ytilibissecca ?ruoyssucsid?ot?)0092-823-705(?DDT/YTT?ro?)0092-823-705(?enohpelet?ro?)vog.nmretsehcor@krelcytic(?liameaiv?gniteem?licnuoC?eht?erofeb?syad?ssenisub?2?tsael?ta?eciffo?s’krelC?ytiC?eht?tcatnoc?esaelp?, gniteemlicnuoC?ytiC?eht?ni?etapicitrap?ylluf?ot?noitadommocca?elbanosaer?a?eriuqer?dna?ytilibasid?a?evah?uoy?fI?720261?:edocssaP??????2918?1454?219?:DI?ranibeW???????9976-626-213-1?:llaC???:mooZ?aiv? netsiL?dna?ni?enohpeleT BYZnGO2/yl.tib//:sptth?:mooZ?aiv?netsiL?&?hctaW?881?ro?081?slennahC?no?VT?elbaC?:gniteeM?weiV ES?teertS?ht4?151?,rebmahC?licnuoC?retneC?tnemnrevoG?:nosreP?ni?gniteeM?eht?dnett A?:gniteeM?eht?gniweiV?dna?gnidnettA??.m.p?00:64202?,22?lirpAnoisseS?ralugeR?-?licnuoC?ytiCadnegA?licnuoC?ytiC4202?,22?lirpA?rof?elbayaP?stnuoccA.2.F4202?,8?lirpA?fo?gniteeM?licnuoC?ytiC?eht?rof?setu niM.1.F adnegA?tnesnoC.FadnegA?fo?redrO.EtropeR?s'royaM.DtropeR?s'rotartsinimdA?ytiC.CllaC?lloR/redrO?ot?llaC.B??.emit?siht?ta?elbaliava?ton?si?noitapicitrap?lautriV?.etapicitrap?ot?syaw?lanoitiddaro f?senilediug?tnemmoC?nepO?weiV?.gniteem?eht?erofeb?setuniM?03?nosreP?nI?pu-ngiS.1.A.enilno?senilediug?doirep?tnemmoc?nepo?eht?weiV doireP?tnemmoC?nepO. 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H 4???.192.G301?.ceS?.tatS?.nniM?yb?dezirohtua?sa?ycneicifeD?retaW?lacitirC?afo?noitaralced?nopu?egasu?retaw?laitnessenon?fo?noitaluger?eht?ot?detaler?ecnanidrO?na?gnitpodA??.WN?evA?ht81?dna?WN?tS?ht 55?fo?renroc?tsaehtron?eht?ta?detacol,)C-XM(?retneC?-?esU?dexiM?ot?dnal?fo?serca?52?dna?)3-R(?laitnediseR?ytisneD-muideM?ot?dnalfo?serca?02?no?noitangised?gninoz?fo?egnahc?dna?etis?erca-14.74?a?etaro procni?ot?,seitreporPynohtnA?yb?,XNA100-4202DC?.oN?noitacilppA?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR???.seitreporP?semoH?tsriF?ot?talpeR?tsriF?sliarT?daetsemoH?fo?01?kcolB,62-32?stoL?dna?1?kcolB? ,2-1?stoL?refsnart?ot?tnemeerga?esahcrup?a?fo?noitucexe?gnizirohtuA?tnemnruojdA.NssenisuB?rehtO.MsmetI?delbaT.L 192.G301?.ceS.tatS?.nniM?yb?dezirohtuA?sa?ycneicifeD?retaW?lacitirC?a?fo?noitaralceD?no pU?egasU?retaWlaitnessenoN?fo?noitalugeR?eht?ot?detaleR?11-21?retpahC?fo?noitiddA?yb?,secivreS?cilbuPdna?seitilitU?ot?detaleR?21?eltiT?secnanidrO?fo?edoC?retsehcoR?ot?stnemdnemA?ecnanidrO.1.K sgnidaeR?dnoceS?ecnanidrO.K seitreporP?ynohtnA?yb?XNA100-4202DC?.oN?noititeP?noitaxennA.1.J sgnidaeR?tsriF?ecnanidrO.JsnoitcA?detaitinI?licnuoC.I semoH?tsriF?ot?stoL?sliarT?daetsemoH?fo?refsnarT.2. Action Plan 5 indicators that help advance priorities.goals, actions, and performance Action Plans will be developed to identify Foundational Principles cost?effective,?and?re?ect?our?Service delivery is optimized, •integrated, and easy to navigateOperations are sustainable, •identi?ed?by?the?community changing demographics and needs The?organization?and?services?re?ect? •and equityopportunities that provide access Cultural and recreational •Areas of Focus Council and community values Adopt?design?guidelines?that?better?re?ect? •current?decisions?re?ect?future?proj ections strategies for Comprehensive Plan to ensure Develop implementation tools and •revenueresources, Legislative allocations, and City approach to effectively allocate DMC Establish competitive and sustainable •City leadership and community values economic?development?partners?in?de?ning?Create clarity, alignment, and unity with •Areas of Focus and Seniorsfor Black, Indigenous, People of Color, Increasing ownership opportunities •Owner-occupied affordable housing •amenitiesAccess to opportunities and •creative incentivesEquitable regulatory landscape and •Transportation options and access •Housing variety and affordability •Areas of Focus Quality Services Strategic Priority: Growth ManagementEconomic Vibrancy and Strategic Priority: Affordable Living Strategic Priority: to the sustainable and responsible use of public resources.Dedicated both physically and socially.Connected to health and wellness for its people.Committed by its safe and friendly neighborhoods.Characterized for its reputation as a center for growth and innovation.Renowned for?the?bene?t?of?all.?It?is?a?welcoming?and?diverse?c ommunity.and industry thrive, and where the land and environment are renewed and sustained Where residents, employees, and visitors enjoy a high quality of life. Where business is a City that cares. Where all people are treated with dignity and respect. Rochester innovative team. A vibrant, compassionate, -Quality Services-Economic Vibrancy and Growth Management-Affordable Living-Compassion-Social Equity-Public Safety Sustainability-Fiscal Responsibility & Stewardship-Environmental VisionCity VisionOrganizationalPrinciplesStrategic Priorities Open Comment 6 cityclerk@rochestermn.gov2900 or -328-Questions? Contact the City Clerk’s Office: 507 . citycouncil@rochestermn.govan email to the full Council at Send ✓ .Council Members –City Council website under find their email addresses on the City’s –an email to your individual Councilmember Send ✓ Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk -City of Rochester an open comment In the mail to: Send ✓ .and give it to the Clerk person at the Council Meeting-a written open comment form in out Fill ✓ ity Council prior to the meeting that day.your comment will be distributed to the Cand publiccomment@rochestermn.govthe City by Noon on the day of the meeting Email ✓ following contact methods are also available: public comment, or you would prefer to submit your comments through a different medium, the person to provide -If you are unable to attend invirtual participation is not available. Currently during Open Comment.Matters currently under negotiation, litigation, or related to personnel will not be discussed Items on the agenda for a public hearing may not be discussed during Open Comment. speakers during the Open Comment Period. run slideshows, or play video for make copies, , The City Clerk does not create materials ✓ to the attach them &mailboxes ls in Council lace materia ✓ . City ClerkPrinted materials brought to the meeting should be handed to the ✓ . citycouncil@rochestermn.govdirectly to the Council at ing materials in advance by email information share Community members are encouraged to ✓ bits to share with the Council: f speakers have exhiI . d their time to another speakerly not yieSpeakers ma ✓ t Period per calendar month. Open Commene (1) onkers may only speak at Spea ✓ minute period is exhausted. -minutes until the 20 )2wo (tspeaker may speak for up to Each ✓ 0 minutes. Open Comment Period is limited to 2 ✓ ines apply: The following speaker guidel hoice. Council on a topic of their cy provides the community with an opportunity to address the Cit Open Comment Period The Participation GuidelinesOpen Comment Period Period M 7 4202?,8?lirpA?fo?gniteeM?licnuoC?ytiC?TFARD?setuniM:stnemhcattA egroFaL?lehcaR:yB?deraperP?.emit?siht?ta?detseggus?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.troper?ot?tcapmi?lacsif?oN:tcapmI? ecruoseR?&?lacsiF?.gniteem?hcae?rof?detpoda?era?setuniM:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP?.stnemucod?licnuoC?laiciffo?ot?ssecca?fo?esae?dna?ycnerapsnartetomorp?ot?wal?yb?deriuqer?sa?kr elC?ytiC?eht?yb?dehsilbup?dna?detpecca?era?gniteem?yreve?rof?setuniM:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroirP.licnuoC?ytiC?retsehcoR?eht?f o?drocer?laiciffo?eht?era?setuniM?ehT:evitarraN?tropeR?.licnuoCytiC?eht?fo?drocer?laiciffo?eht?sa?gniteem?licnuoC?,4202?,8?lirpA?eht?fo?oediv?dna?setunim?eht?gnitpeccA:detseuqeR?noitcA???1.F4202?,8?l irpA?fo?gniteeM?licnuoC?ytiC?eht?rof?setuniM NOITCA?ROF?TSEUQER reltsieG?ylleK:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAkrelC?ytiC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE City Council 8 llaC lloR/redrO ot llaC)B Speaker 2 handout Speaker 1 handoutwas closed.periodent commpublic open the speak, to wished who persons other o nHearing 6. Barry Skolnick 5. Joe Christenson 4. Casey McGregor 3. Sandy Guyseista Condominiums2. Dave Swanson, speaking on behalf of Buena V es Lund1. W to speak. The open public comment period was opened and the following persons were called Open Comment Period Guidelinesavailable at this time. notis participation irtual Vparticipate. to ways additional for guidelines entCommOpen iew Vmeeting. the re befoMinutes 30 Person In Sign-up A.1)doireP tnemmoC nepO)A ision, Principles, and PrioritiesV retsehcoR fo ytiC eht rof seitiroirP dna ,selpicnirP ,noisiVecnaigellA fo egdelP :gniteeM eht gniweiV dna gnidnettA PresentBrooke Carlson StatusAttendee NameMINUTESCity Council ACITY OF ROCHESTER, MINNESOT- April 8, 2024 Molly Dennis 9 Cover Pagestreets as of April 8, 2024.variouson restrictions parking amend to Book Resolution Parking d anfic rafTmprehensiveCothe nding ame 053-24No. Resolution Adopted Act:Official arious Locations for April 8, 2024 Parking Restriction Changes in V.3)F Cover Page1,365,852.03.accounts payable of $1and$0 of purchases investment including 1,365,852.03 $1of amount the in2024, 8, April for total of listing the Approved Official Act:Accounts Payable for April 8, 2024 .2)F Minutes - DRAFT City Council Meeting of March 18, 2024 Cover Pageficial record of the City Council.meeting as the ofCouncil2024, 18, March the of video and minutes the Accepted Official Act:Minutes for the City Council Meeting of March 18, 2024 .1)F. 14..9 and FCouncil Member Dennis pulled items F adnegA tnesnoC)F Motion to Approve the Order of the Agenda.adnegA fo redrO)E s Report for April 8, 2024’Mayor tropeR s’royaM)D s Report for April 8, 2024’Administrator tropeR s’rotartsinimdA ytiC)C APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Dennis, Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:PresentPatrick KeanePresentPresentahlNorman WPresentKelly Rae KirkpatrickPresentShaun PalmerPresent Map - 1 10 Exhibit - RFD Strategic Operating Plan 2024-2030 Cover PageDepartment Strategic Operating Plan Update.Fire2024-2030 ratifying 058-24No. Resolution Adopted Act:2024-2030 Fire Department Strategic Operating Plan Update. .8)F Cover Pagewith Minnesota Statutes Sec. 353.64.accordancein Chief Fire Assistant to promotion his after (PERA) Association entRetiremEmployees Public the within Plan Fire & Police the in toFeine Caleb authorizing 057-24No. Resolution Adopted Act:itled Assistant Fire Chief, Rochester Fire Department. TPositionfor Benefit Plan Retirement Post-Promotion Continued for ransfer T.7)F Cover PageGuard.Honor(RFD) Department Fire Rochester the of benefit the for , FirefighterRetired, DrierBernard of behalf on DrierBetty from $200 of amount thein tion donaa epting acc 056-24No. Resolution Adopted Act:Fire Department Honor Guard for, FirefighterRetired , DrierBernard of behalf on Drier Betty from .6)F Cover Page$750 for use in the fitness rooms at each fire station.Scheels of five Theragun percussive therapy devices valued in the amount offroma accepting 055-24No. Resolution Adopted Act:Donation by Scheels of Theragun Relief Percussive Therapy Devices .5)F Cover Pagefrom Olmsted Medical Center to the Rochester Fire Department (RFD). donation$1,000 a accepting 054-24No. Resolution Adopted Act:. Donation from Olmsted Medical Center.4)F est CircleMap - Preserve at W ve NWMap - 507 2nd A Map - 2nd St SW - 10 block Map - 2nd St SW - 1200 block 1 1st St NW11 F 11 Bid Advertisement – 39th St SW Storm Sewer Extension – Project No. J6733.15)Fransit Operations Pilot ProgramTMicro-discussion.) for H.3 to moved Consent from pulled (Item .14)F Field ParkorialMemSoldiers Resources Energy Minnesota hibit ment EaseGas ParkFieldMemorial Soldiers Resources EnergMinnesota Easement Gas Cover PageMemorial Field Park.Soldiersto services gas natural provide Resources Energy Minnesota with documentseasement necessary of execution the Authorized Act:Official Soldiers Memorial Field Park - Minnesota Energy Resources Easement .13)F Presentation.pdfFInancingPool Lake Silver Session Study Council City 03-25-2024 Cover Pagebudget for replacement of the Silver Lake Pool and Bath House.Capital Improvement Plan approving the addition of $5,000,000 to the project2024-2029the amending 060-24No. Resolution Adopted Act:Official Pool and Bath House Replacement at Silver Lake Park Accommodateto Amendment Budget PlaImprovement Capital 2024-2029 .12)F RPD Advance Purchase - Lease List 2025 Police Fleet Budget Book Approved Cover Pageexpended in the 2025 fiscal yearpurchase of police vehicles in 2024 from Enterprise Fleet to be budgeted andadvancedthe authorizing 059-24No. Resolution Adopted Act:Official ehicles Advanced Purchase of Police VF Report - 2023 Annual Report of the Ethical Practices Board Cover PagePractices Board.Ethicalthe of Report Annual 2023 the filed and Received Act:Official 2023 Annual Report for the Ethical Practices Board .10)FDocumentScopingReview Areawide Urban Alternative Unbound. Forward. Bold. Clinic Mayodiscussion.) for H.2 to moved Consent from pulled was (Item .9) Official 12 ransdev U.S.)known as T(alsoInc. ransit, TFirst with Agreement e thto Amendment Sixth - Agreement Cover Pageransdev U.S.) to include new paratransit service rates.Tasknown (also Inc. ransit, TFirst with Agreement the to Amendment Sixththe approving 063-24No. Adopted Act:Official ransdev U.S.) Tasknown (also Inc. ransit, TFirst with t Agreementhe to AmendmentSixth .18)F Project No. J2201-Seal Mastic and Crack - Maintenance Pavement 2024 - Map Location Mastic Seal - Project No. J2201andCrack - Maintenance Pavement 2024- Contract of Form Standard Cover PagePavement Maintenance - Crack and Mastic Seal - Project No. J2201.2024the for $175,558 of amount the in Corporation, echnologies TSurface Asphaltto contract a awarding 062-24No. Adopted Official Act:2024 Pavement Maintenance - Crack and Mastic Seal - Project No. J2201 .17)F No. J4727Project- Project District Improvement k Sidewal2024 - Sheet ata DBudget Project No. J4727– ct ProjeDistrict Improvement Sidewalk 2024 - Contract of Form Standard Cover Page2025 to 2029.fromcollected be to rates District ent ImprovemSidewalk Establishing 3. 2. Establishing Sidewalk Improvement District SW - 5.District 5-1 - Project No. J4727.SWImprovements Ramp and Sidewalk 2024 for $2,079,441.41 ofamount the in LLC., Concrete, i-Zack Twith contract a Approving 1. :Resolution No. 061-24 Adopted Official Act:No. J4727 Project- 5-1 District SW Improvements Rampand Sidewalk 2024 .16)F J6733No.Project – Extension Sewer Storm SW St 39th - ap Mocation LProject Cover Pageopening for the 39th St SW Storm Sewer Extension – Project No. 6733.bida and bids for advertisement the horized Aut Act: F 13 ve NW from 5th St NW – Project No. J6607.of 8 ½ AtionReconstrucand Creek Cascade to NW ve A9th from NW St 6th rve to LineRelief Sewer Storm for ,799,960.62 of amount the in Inc. Contracting, S.L.with act contrroving app 066-24No. Resolution Adopted Act:Official NW from 5th St NW – Project No. J6607 Aof Reconstruction and Creek Cascadto NW ve A9th from NW St 6th Serveto Line Relief Sewer Storm for Inc. Contracting, S.L. with Contract .22)F Project No. J6728-Locations arious Vat Improvements Drainag2024 Sheet ata DBudget Locations - Project No. J6728ariousVat Improvements Drainage 202Contract of Form Standard Project No. J6728-Locations arious Vat Improvements ge Draina2024 Map ocation LProject Cover PageLocations – Project No. J6728.iousVat Improvements Drainage 2024 for $139,156 for mpanies Evans withcontract approving 065-24No. Resolution Adopted Act:Official Locations – Project No. J6728 ariousVat Improvements Drainage 2024 for Companies Evans with Contract .21)F 7348No. ProjectSt Center Services Desigrofessional PMap Location 7348No. ProjectSt Center Services DesigProfessional posal ProSEH Cover Pageve E - Project No. J7348.1th ABridge to 1Zumbrofrom St Center of Reconstruction the with associateservices designengineering professional for 68, $314,9exceed to not amount an in Inc.(SEH) Hendrickson Elliot Short with contract Authorized Act:Official Design Services for Reconstruction of Center St E - Project No. J7348 EngineeringProfessional for Inc. Hendrickson Elliot Short with Contract .20)F ServicesuritySecRamp Parking for LLC SecurityAmerican greement AService Cover Page, cleanliness, and proper use of our parking facilities.securitysurehelp to three year in $185,843.06 and two, year in ,420.22 $181one, yearin $177,055.58 of amounts the in LLC SecurityAmerican with contract three-yearauthorizing 064-24No. Resolution Adopted Act:Official Contract for Parking Ramps Security Services .19) Cover Page 14 Amended Final Cartway Order for Neeser-Higgins Petition .26)F easeRevocable Permit & Agreement - Forte of Rochester LLC - breezeway in WM Cover Pagewithin a watermain utility easement.waybreezea of placement the for LLC, , Rochesterof Forte with ("theAgreement and Permit Revocable a Authorized Act:Official atermain Utility Easement Breezeway in a Wafor LLC, , Rochesterof Forte with Agreementand Permit Revocable .25)F Broadway N ROWinsign - LLC Charm 3rd - Agreement & PermitRevocable Cover Page.ve N right-of-waysign within the Broadway Abusinessa of placement for LLC, Enterprises, Charm 3rd with ('"theagreement and permitrevocable a zed uthoriA Act:Official ay ve N Right-of-WBusiness Sign in Broadway A-LLC Enterprises, Charm 3rd with Agreementand Permit Revocable .24)F Project No. J1036-Roof Center Recreation Rochester - Contract s Schwickert’ No. J1036Project- Roof Center Recreation Rochester - abulation TBid Rochester Recreation Center Roof Replacement - Project No. J1036thefor Bonding and Insurance of Proof A101 Form s Schwickert’- Exhibit Cover PageNo. J1036.jectPro- Roof Center tion RecreaRochester the for $2,581,600 ofamount the in 3 and 2, 1, alternates and scope bid base the accepting LLCAmerica ecta TSchwickert's with contract a Authorized Act:Official No. J1036 Project- Roof Center Recreation Rochester ward: AContract .23)F Reconstruction - Project No. J6607NW VEA8.5 and Line Relief Sewer Storm NW ST 6th - ap Mcation LoProject VE NW Reconstruction - Project No. J6607A8.5and Line Relief Sewer Storm NW ST6th - Contract of Form Standard Reconstruction - Project No. J6607NW VEA8.5 and Line Relief Sewer Storm NW ST 6th - Sheet Data Budget MOVER:15 etzer answered questions about the item.orks YDeputy Director of Public Wodd answered questions about the item.Anthony Properties Tfor Developmentof President ice VAssistant representative s Applicant’the public hearing was closed.eak,spto wished who no aring Hewas public The odd presented the item.Anthony Properties Justin Tfor Developmentof President ice VAssistant representative s Applicant’etzer introduced the item.orks Ryan YDeputy Director of Public W2. Directed the City Attorney to prepare an Ordinance for first reading., andve NWnortheast corner of 55th St NW and 18th Atheat Center - Use Mixedto land of acres 25 and 3) (R-l ResidentiaMedium-Density to land of acres 20 on designation ning zoof ngechaand site 47.41-acre a ncorporate ito Properties, by CD2024-No. Application for rdinance Oby Annexation an A1. Official Act: Annexation Petition No. CD2024-001ANX by Anthony PropertiesG.1)sgniraeH cilbuP)G Public Hearing Guidelines .emit siht ta elbaliava ton si noitapicitraplautriV .etapicitrap ot syaw lanoitidda rof senilediug gniraeHcilbuP weiV .gniteem eht erofeb setuniM 03 nosreP nI pu-ngiSsenilediuG gniraeH cilbuP.15-26..10-13, and F.1-8, FMotion to Approve in block items F Exhibit B - Neeser-Higgins Cartway Map and Legal Description Exhibit A - Buck Legal Description Cover Pageproperty owners.ctedfeafthe to awarding nd alocation the establishing OrderFinal and Findings the approving 013-24 No. Resolution replacingand ealing rep 067-24No. Resolution Act:Official APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Shaun Palmer SECONDER:Patrick Keane MOVER:16 the public hearing was closed.eak,spto wished who no aring Hewas public The Widseth Engineering presented the item.withLogan or Seniesentative reprs Applicant’etzer introduced the item.orks Ryan YDeputy Director of Public Wand 7, Block 35, and Lots 8 and 9, Block 36 Morse and Sargeant's Addition.6Lots right-of-way blic pu66-foot-wide a is that E Sve A6th ofa vacate to condition one with Chad by AC CD2024-001VVapproving 068-24No. Resolution Act:Official AC by Chad Behnkenacation Petition CD2024-001VVG.2)answered questions about the item.tzereYorks WPublic of Director Deputy vote, the and motion the 2. Direct the City Attorney to prepare an Ordinance for first reading.001ANX, by Anthony Properties, with the details included, andCD2024-No. Application for Ordinance by Annexation the 1. Motion to: PropertiesonyAnthCD2024-001ANX - ssion CommiPlanning NIM Minutes - CD2024-001ANX Anthony Properties Agency Review Comments - CD2024-001ANX Anthony Properties Applicant Narrative & Findings - CD2024-001ANX Anthony Properties Zone Change Exhibit - CD2024-001ANX Anthony Properties Annexation Exhibit - CD2024-001ANX Anthony Properties Annexation Area Aerial Map - CD2024-001ANX Anthony Properties Location Map Exhibit - CD2024-001ANX Anthony Properties Notification Map - CD2024-001ANX Anthony Properties Community Development Memo - CD2024-001ANX Anthony Properties Cover Page 2\]APPROVED \[5 - :TRESUL ahlKelly Rae Kirkpatrick, Norman W YS:NA Bransford, Patrick KeaneMark, PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:17 isioning Project.ision 2050 – A Community VRochester Vforof amount the in funds contingency the Authorize toMotion isioning ProjectA Community V2050:ision VRochester for for t Reques- Action Mayoral-Requested Cover PageMayor Kim Norton presented the item.Recommendations section of the agenda.andthe in placed been has therefore and (CIA), Action Initiated Councila as, same the not but to, imilar sis This Council." the to submission Clerk...forCity the to the with associated material all submit shallMayor "the that clarifies It dered. consibe item an toMayor thefor option the provides This Conduct. of Code and Procedure ofRules the of Agenda Business the on tems Iper Norton Mayor by submitted was item This Clerk's Note: VCommunity A – 2050 ision Ver Rochestof a fund o tofamount the in contingency of use ed Act:Official ProjectVCommunity A - 2050 ision VRochester for for H.1)snoitadnemmoceR dna stropeR)H by Chad Behnken with one condition as proposed.ACCD2024-001VPetition Vapproving Resolution a Adopt to Motion acationAC Behnken VReferral Comments - CD2024-001V acationAC Behnken Vacation Exhibit - CD2024-001VV acationAC Behnken VLegal Description - CD2024-001V acationAC Behnken VSite Location Map - CD2024-001V acationAC Behnken VNotification Map - CD2024-001V acationAC Behnken VCommunity Development Memo - CD2024-001V Cover Page YES:A Kelly Rae Kirkpatrick SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A ahl SECONDER:Patrick Keane Brooke 18 Record of Decision. andOrder Final corresponding the and Document, coping S(AUAR) ReviewUrban Alternative the by as review ofscope theof the approving 069-24No. Resolution Adopted Official Act: Areawide Review Scoping DocumentrbanUAlternative Bold. Clinic Mayo .9) Fitem (formerly H.2)The meeting reconvened at 7:45 p.m.The meeting went into recess at 7:34 p.m..ficerCouncil Member Kirkpatrick challenged the ruling of the presiding ofprocedure.tospoke Spindler-Krage Michael rney AttoCity Challenge, to otion Mthe and2024, 7, October of Certain Date he tto to Motion the Between Motion to Continue the item to the Date Certain of October 7, 2024.questions about the item.eredanswNorton Mayor vote, the d anable Tto Motion the Between able the item.Motion to Tanswered questions about the item.rtonNoMayor able, Tto Motion the nd aAuthorize to Motion the Between The motion failed due to the lack of a second:TRESUL4\]DENIED \[3 - :TRESUL KeanePatrickahl, Worman N, PalmerShaun Brooke YS:NA Molly Dennis, Kelly Rae Kirkpatrick, Mark Bransford YES:A Mark BransfordKelly Rae Kirkpatrick MOVER:NoneMolly Dennis MOVER:4 - 1\]DENIED \[2 - :TRESUL Mark Bransford AIN:ABST Patrick KeaneKirkpatrick,Rae elly KDennis, Molly Brooke YS:NA ahl, Norman WShaun Palmer YES:A Mark BransfordShaun Palmer MOVER:2 - 1\]APPROVED \[4 - :TRESUL Mark Bransford AIN:ABST Molly Dennis, Shaun Palmer YS:NA Patrick Keaneahl,WNorman trick, KirkpaRae Kelly MOVER:19 sgnidaeR tsriF ecnanidrO)JsnoitcA detaitinI licnuoC)I service pilot program.nsitmicro-trathe for $250,000 of mount athe in innesota Mof State the with agreementgrant a of execution the izing authorResolution a Adopt to Motion Cover Pageanswered questions.anditem the to spoke Xiong Ia ager Manand ransit Tthe micro-transit service pilot program.for$250,000 of amount the in Minnesota of State the ith weement agrgrant aof exthe auth 070-24No. Resolution Act:Official ransit Operations Pilot Program.14) Micro-T(formerly item FH.3)Document.ScopingReview Areawide Urban Alternative Unbound. Forward. Bold. ClinicMayo the for Decision of Record and Order Final e thAdopt to Motion Urban Areawide Review (AUAR)AlternativeBold Clinic Mayo - Responses (AUAR)ReviewAreawide Urban Alternative Bold Clinic Mayo -Heritage Re - Resources ural Natof Department MN - Urban Areawide Review (AUAR)tiveAlterna- Resources of Department MN - Areawide Review (AUAR)UrbanAlternative Bold Clinic Mayo - t Documen Cover Pageand answered questions.itemthe to spoke etzer YRyan Development Community of Director Deputy APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:APPROVED \[UNANIMOUS\]:TRES UL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Patrick Keane MOVER:20.cityclerk@rochestermn.govfice at (507) 328-2900 or emailplease contact the City Clerk's OfIf you need assistance finding information about an item on this agenda, City Clerk Kelly K. Geistler __________________________________Motion to Adjourn.tnemnruojdA)N City Administrator Alison Zelms answered questions from Council.fromtions quesanswered WIrene Director DeveCommunity ssenisuB rehtO)MsmetI delbaT)LsgnidaeR dnoceS ecnanidrO)K illas1ZC - Oak Ridge VZone Change Ordinance - CD2023-01 Cover PageCity Attorney Michael Spindler-Krage gave the first reading.Minnesota.,Rochesterof City the of Code Development the as known 4478,No. Ordinance amending and Residential) (Small R-2to Single-Family) (Mixed R-1 from land of acres 1.25 approximately Ordinance an of first the d Fileand eived Rec Act:Official Construction Inc.andDesign Pike by 1ZC CD2023-01No. Amendment Map Zoning J.1)APPROVED \[UNANIMOUS\]:TRESUL ahl, Mark Bransford, Patrick KeaneKirkpatrick, Norman WRaeKelly , PalmerShaun Molly Carlson, Brooke YES:A Mark Bransford SECONDER:Shaun Palmer M 21:stnemhcattA yoR?hsoJ:yB?deraperP?.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.noitca?licnuoc?rehto?ro?tegdub?hguorht?,stnuoma?devorppa?ylsuoiverp?fo?tnemyap?rof?si?si hT:tcapmI?ecruoseR?&?lacsiF.lavorppa?dna?weiver?rof?gniteem?licnuoC?ytiC?yreve?dettimbus?si?troper?A:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.licnuoCytiC?yb?devorppa?eb?smialc?lla?gniriuqer?1 72.214?etutats?atosenniM?htiw?ecnailpmoc?ni?si?meti?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?ytilauQ?rof?secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiro irP 98014/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth?:4202?,22?lirpA?rof?tropeR?yrammuS?PA78014/tnemucoddehsilbupwohs/emoh/vog.nmretsehcor.www//:sptth:4202?,22?lirpA?rof?tropeR?liateD?PA: troper?siht?fo?gnitnuocca?deliated?erom?a?ees?oT:evitarraN?tropeR.67.979,591,8$?fo?elbayap?stnuocca?dna?0$?fo?sesahcrup?tnemtsevnignidulcni?67.979,591,8$?fo?tnuoma?eht?ni?,4202?,22?lirpA?rof?stnemesr ubsid?latot?fo?gnitsil?eht?gnivorppA:detseuqeR?noitcA???2.F4202?,22?lirpA?rof?elbayaP?stnuoccA NOITCA?ROF?TSEUQER nosrednA?nairB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?ecnaniF:TPED?GNITANIG IRO4202?,22?lirpA:ETAD?GNITEE M 22?.tnemtimmoc?taht?troppus?dna?ecnahne?lliw?noitisop?lanoitiddasihT??.secivres?laitnesse?gnidivorp?dna?smargorp?dedda-deulav?gnitnemelpmi?,spihsrentrap?cigetartsgniniatniam?hguorht?erutluc?ecnamro frep-hgih?a?gnitroppus?ot?dettimmoc?si?secruoseR?namuH?,yllaniF??.pihsredael?UPR?ot?noitcennoc?tcerid?a?gniniatniam?elihw?secruoseR?namuH?ot?troper?lliw?noitisopsihT?.sessecorp?tnemeganam?dna?,elpoep ?,erutcurts?,ygetarts?fo?tnemngila?eht?rehtruf?lliw?rentraPssenisuB?RH?esuoh-ni?lanoitidda?siht?,secivres?tnempoleved?lanoitazinagro?dedivorp?yllanretxe?morfyawa?denoitisnart?gnivaH?.seigetarts?tnemt iurcer?dna?,tnemeganam?ecnamrofrep?,tnemegagne?eeyolpmegnidulcni?,tnemeganam?ot?troppus?evitatlusnoc?edivorp?lliw?,woleb?noitces?tcapmi?lacsif?eht?ni?denialpxesa?UPR?hguorht?dednuf?,rentraP?ssenisuB? 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gnieb?ot?tnemtimmoc?s'ytiC?eht?htiw?sngila?noitadnemmocer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroir M 24?.meti?siht?no?tnemegagne?ytinummoc?ro?noitca?evitalsigel?roirp?oN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP???.esaercni?lliw?cilbup?eht?fo?srebmem?dna?srebmem?ruo?ot?ksir?eht?dna?,detimil ?dna?tneiciffeniemoceb?lliw?snoitarepo?,srednilyc?eseht?fo?ylppus?etauqeda?na?tuohtiW?.tnempiuqe?dna?sloot?eucserruo?fo?emos?rewop?ot?pleh?osla?yeht?tub?,snoitautis?suodrazah?rehto?dna?erif?gnirud?eh taerb?ot?swerc?rofria?naelc?edivorp?yeht?od?ylno?toN?.secivres?ytilauq?edivorp?ot?ytiliba?s'DFR?ot?lacitirc?era?srednilyc?ABCS:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsi FytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP??.setad?tcudorp?efil-fo-dne?yrotadnameht?yb?nevird?sdnamed?emulov-hgih?eseht?etanimile?pleh?ot?sesahcrup?rednilyc?raluger?fo?ygetartsa?gnitnemelpmi ?ot?dettimmoc?si?DFR?,mret?gnol?eht?nI?.dessecorp?gnieb?si?tseuqer?tnarg?eht?elihwdeen?etaidemmi?eht?sserdda?ot?erusaem?yraropmet?a?si?sihT?.tseuqer?tnarg?ruo?ni?edulcni?ot?elbanu?erewew?taht?srednil yc?04?eht?esahcrup?ot?FRTI?eht?morf?sdnuf?gnitsixe?ezilitu?ot?lavorppa?gnikees?si?ACR?sihT??.srednilyc?04?yb?detseuqer?ew?tnuomaeht?ecuder?ot?dah?DFR?,noitamrofni?siht?ot?euD?.derevocsid?saw?rof?ksa? dluoc?tnemtraped?a?srednilycfo?rebmun?eht?no?pac?a?,ssecorp?noitacilppa?tnarg?eht?gnirud?,revewoH?.srednilyc?gniniamer?eht?ecalperot?tnarg?a?thguos?dna?4202?fo?gninnigeb?eht?ta?srednilyc?tnemecalper? 57?deredro?tnemtraped?ehT??.raey?siht?eripxe?ot?tes?era?srednilyc?181?,redro?klub?suoiverp?a?ot?euD?.erutcafunam?fo?etad?ehtmorf?noitaripxe?efil-fo-dne?raey-51?yrotadnam?a?evah?srednilyc?esehT?.sreth giferif?rof?ria?gnihtaerb?ylppusot?srednilyc?)ABCS(?sutarappA?gnihtaerB?deniatnoC-fleS?002?revo?fo?teelf?a?no?seiler?yltnerruc?DFR:evitarraN?tropeR?.esnopser?ycnegreme?rof?srednilyc?)ABCS(?sutarappA? gnihtaerB?deniatnoC-fleS?wen?04?esahcrup?ot?4202?)YF(?raeY?lacsiF?ni?71994?.oN?FRTI(?dnuF?gnivloveR?ygolonhceTnoitamrofnI?)DFR(?tnemtrapeD?eriF?retsehcoR?eht?morf?02.560,73$?fo?erutidnepxe?eht?gnizir ohtuA:detseuqeR?noitcA???4.FsrednilyC?)ABCS(?sutarappAgnihtaerB?deniatnoC-fleS?tnemecalpeR?fo?esahcruP NOITCA?ROF?TSEUQER aksreK?cirE:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnemtrapeD?eriF:TPED?GNITAN IGIRO4202?,22?lirpA:ETAD?GNITEE F 25 srednilyC?)ABCS(?sutarappA?gnihtaerB?deniatnoC-fleS?tnemecalpeR?04?-?etouQ?s'yeralC:stnemhcattA nosugreF?C:yB?deraperP?.dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.elbaliava?ni amer?ot?tegdubgnitarepo?eht?hguorht?dednuf?yllamron?tnempiuqe?dna?smargorp?tnemtraped?rehto?swolla?esahcrupklub?fo?epyt?siht?rof?meht?gnizilitU?.meti?siht?fo?tnemecalper?eht?rof?dekramrae?neeb?evah?s dnuf?FRTI?ehT:tcapmI?ecruoseR?&?lacsi 26 M 27.tnemeergA?srewoP?tnioJ?3102?ehtfo?esoht?ot?ralimis?snoitacolla?ecruoser?htiw?,000,05$?rednu?eb?ot?detcejorp?era?stnemtimmoc?laicnaniF:tcapmI?ecruoseR?&?lacsiF.devorppa?sneriS?gninraW?rof?tnemeer gA?srewoP?tnioJ?-?gniteeM?licnuoC?:3102?,71?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP??.ytinummoc?ruo?nihtiw?snoitalupop?esrevid?fo?ecneiliser?dna?ytefasgnicnahne?ybereht?,secivres?gninra w?ycnegreme?ot?ssecca?elbatiuqe?setomorp?noitadnemmocer?sihT:tcapmI?IED?&?snoitaredisnoC?yciloP ytiuqE?laicoSytefaS?cilbuP:selpicnirP?lanoitadnuoF?&?seitiroirP?.dedda?neeb?won?sah?elcyc?weiverraey-3? a?dna?,tcartnoc?lanigiro?eht?ni?lawener?dna?weiver?rof?noitalupits?on?saw?ereht?,rehtruF??.deifiralcsi?krowten?eht?fo?epocs?tnerruc?eht?dna?3102?ecnis?dednapxe?sah?yrotnevni?neris?ehT??.pihsrentraptn ioj?eht?fo?sdeen?tnerruc?eht?teem?ot?dezinredom?dna?detadpu?neeb?sah?tnemeerga?4202?ehT?.eraflew?ytinummoc?ot?noitacided?ruo?gnimriffaer?,ecnanetniam?gniogno?rieht?ot?tnemtimmocs'ytnuoC?eht?dna?smets yS?gninraW?gnirucorp?rof?ytilibisnopser?s'ytiC?eht?serocsrednu?tnemeerga?eht,setadnam?yrotutats?htiw?dengilA?.efas?yats?dna?retlehs?ekat?ot?stnediser?yfiton?ot?loot?lativ?a?sa?gnivres,smrotsrednuht?e reves?dna?seodanrot?sa?hcus?,rehtaew?ereves?fo?tneve?eht?ni?gninraw?cilbup?edivorpot?dengised?secived?gninraw?dna?trela?era?sneris?gninraW?.erutcurtsarfni?ycnegreme?fo?tnenopmoclaicurc?a?era?hcihw?,s neris?gninraw?roodtuo?fo?ecnanetniam?dna?,gnitset?,noitavitca?eht?ni?seitilibisnopserdna?selor?seniltuo?tnemeerga?sihT??.3102?ni?dezirohtua?saw?tnemeerga?lanigiro?ehT?.ytefascilbup?dna?ssenderaperp?y cnegreme?gnicnahne?ta?demia?pihsrentrap?cigetarts?a?sezilamrof?ytnuoCdetsmlO?dna?retsehcoR?fo?ytiC?eht?neewteb?tnemeergA?srewoP?tnioJ?neriS?gninraW?roodtuO?ehT:evitarraN?tropeR.rehtaew?ereves?fo?tnev eeht?ni?gninraw?cilbup?edivorp?ot?dengised?sneris?gninraw?roodtuo?fo?ecnanetniam?dna?,gnitset?,noitavitcaeht?ni?seitilibisnopser?dna?selor?eht?gniniltuo?ytnuoC?detsmlO?htiw?tnemeergA?srewoP?tnioJ?a?g nizirohtuA:detseuqeR?noitcA???5.FneriS?gninraW?roodtuO?rof?tnemeergA?srewoP?tnioJ NOITCA?ROF?TSEUQER smleZ?nosilA:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO4202?,22?li rpA:ETAD?GNITEE A 28 sneriS?gninraW?ytnuoC?detsmlO?dna?retsehcoR?fo?ytiC?4202?-?tnemeergA?srewoP?tnioJ:stnemhcattA reluhcS?acisseJ:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretl OUTDOOR 29 and related subjects. ,siren maintenance, public notificationslimited to, siren activation trigger points, including, but not policy Systemarning Wa HSEMevelop and establish with D 3. .below BAppendix limits in accordance with the schedule set forth in ity Cwithin the stest ingreliability and conduct emtWarning Sys ingtest fora method develop to HSEMith Coordinate w 2. .certified sound study resultsbased on within the City installer retailer and Signal Regionalauthorized Federal an via System arningWcomponents of a any desired HSEMwith Purchase and coordinate 1. :THE CITYDUTIES AND RESPONSIBILITIES OF A. AGREE AS FOLLOWS: COUNTY NOW, THEREFORE, THE CITY AND ;Powers Agreement in order to do soand enter into this Joint sWarning Systemand maintenance of the ,the activation, testingunderstanding as to memorialize theirwish to WHEREAS, the City and ; andInventory) attached heretoSystem Outdoor Warning Appendix A (s listed in Warning Systemthose purchased in whole or in partthe City WHEREAS, agreement of the parties for several years; and through informal s for the City Warning System doperateHSEM has WHEREAS, s; andWarning Systempossesses the ability to alert the public by operation of County and theWHEREAS, HSEM monitors weather conditions throughout of an emergency management organization; and s”) as a function ystemSWarning (“ ystemss warning services such as outdoor warning sirenWHEREAS, Minnesota Statutes Section 12.03, subd. 4, includes the provision of and ;Minnesota Statutes Section 12.25 toemergency management organization pursuant ounty’s C thewas established as (“HSEM”) Homeland Security and Emergency Management Olmsted County WHEREAS, . 10.ubds471.59, Section powers agreements pursuant to Minnesota Statutesempowered to enter into joint arewhich both of , )”(“County, OLMSTED, MINNESOTAthe COUNTY OF and , )“City”(, a Minnesota municipal corporation ROCHESTERCITY OF between the entered into by and is THIS JOINT POWERS AGREEMENT STED COUNTYMOL –ROCHESTERCITY OF JOINT POWERS AGREEMENTWARNING SIREN 2 30 or greater 70 MPHa. Winds of:County Skywarn trained amateur radio spotter operating through the Olmsted or ,, trained public safety spottererviceSeather Wational Ninformation from upon receipt of sWarning SystemActivate .8 .below Bin Appendix County in accordance with the schedule areas of the all in activated test -n HSEMand conduct a SystemWarning a method to test and establish with the City evelop D .provide a visual warning systemMaintain and coordinate a system of public safety spotters to .6 La Crosse office. –the National Weather Service Spotter training with Coordinate and conduct annual Skywarnto provide Skywarn visual spotters. network ServicesWork cooperatively with the Amateur Radio Emergency .weatherand other conditions of hazardous ,rotation, hail, high windsMaintain a weather radar system which can detect wind .4 .potential hazardssituational awareness of Monitor current and predicted weather conditions to maintain .appropriate by City and HSEM staffor other emergencies deemed hazardous weather conditionsactivation during Systemarning WAct as the primary site of of the maintenance agreement.copy current , along with aAuthorized Service CenterSignal via a maintenance agreement with a Federal ystem Sarning Wmaintenance of the preventive Provide regular and ongoing :THE COUNTY DUTIES AND RESPONSIBILITIES OF City and County. the be coordinated jointly betweenshall replacements repairs any suchfor SchedulingSystems. (b) replacement of any component of the City’s Warning e described in Section B(1) below; and preventive maintenancbeyond the scope of component of the City’s Warning Systems to any repairs : (a) responsibility forsole financial Retain .both partieswritten approval of advanced d or changed without the olicy may not be modifieSuch p 3 31 If the parties are unable to agree upon the appointment of a The parties must jointly appoint a mutually acceptable mediator. notice is given.session must take place within 30 days after the date that such to commence mediation, and a mediation intent itsparty of party to the dispute may give written notice to the other Either pursuing any other available remedy in relation to the dispute.iation is a condition precedent to any party participation in meddispute to mediation. The parties further agree that their resolved by negotiation, the parties agree to submit the Agreement, or out of this Agreement, and the dispute is not any dispute arises between the parties in relation to this by the end of 60 days. if the breach is not cured pursuant to Paragraph 5 mediationband ;to cure days6that affords of material breach ) written notice a :the following conditions are met afterparty, following material breach of the agreement by the other partymay be terminated by one his agreementIn the alternative, t agreement of the parties. written mutual by terminatedagreement may be appropriate or necessary changesin order to implement any a new agreement shall enter into The parties County and the City. theserve the citizens of better that would enable the parties to and software technologyin any advancements shall include, at minimum, consideration ofis review .from the date of signing years threeonce every at least is agreement in its entiretye parties shall review th .agreed to by the partiesyear term unless otherwise -occur at the end of each three, with automatic renewal to such date for three years fromshall remain in effect their signatures hereto. This agreement on which the parties’ authorized representatives apply sdatelater of the two the fromThis agreement shall be effective TERMS OF AGREEMENT: inches in diameter or larger twothat is Haild. Spotted Funnel Cloudc. Radar Detected Funnel Cloudb. 4 32 Agreement. n accordance with this imaintained, or disseminated applies to all data, created, collected, received, stored, used, Data Practices Act, Minnesota Statutes Chapter 13, as it comply with the Minnesota Government parties shallThe testing.and , repair, replacement,responsible for their maintenanceownership of those warning sirens and become solely retain sole , the City will is terminated Agreement If above, while this agreement in remains in effect 9B2 and BB1, primary operator of these sirens as described in Sections , but agrees that it will rely on the County to be the heretoInventory) attached Outdoor Warning SirenAppendix A (listed in Warning Systems The City possesses title to those MISCELLANEOUS PROVISIONS: .representatives listed above, or their successors in office Agreement, shall be addressed to the parties’ authorized proper for either party to accomplish the purposes of this All notices and correspondence, which may be necessary or .6101-328-, 55904, 507Minnesota, Rochester, SoutheastAvenue Homeland Security and Emergency Management, 1421 Third , Director of Jonathan JacobsonCaptain this contract isepresentative for administration of ruthorized a’s The County 2000.-328-55904, 507Street Southeast, Room 266, Rochester, Minnesota, th 201 4Alison Zelms, City Administrator City of Rochester, contract is epresentative for administration of this ruthorized a’s CityThe REPRESENTATIVES AND NOTICES: .for representation by counsel at mediationmediation, which costs will not include costs incurred by a party The parties further agree to share equally the costs of the mediator.person agreed to by the parties in writing, for appointment of a organization or anyparty may apply to , eitherto mediate intentdays after a party has given notice of sevenmediator within 5 33, its officers, employees, and HSEM the Countyindemnify and defend ty agrees to the CiTo the fullest extent permitted by law, obligations under this contract. itsin the performance of is or may be legally responsible, the County or HSEMomissions employees, or agents, or any others for whose acts or officers, , its County and HSEM reason of any act or omission by thebrought, or any loss, damage or injury of any type sustained, by actions, claims, or proceedings upon or resulting from anyexpense, including attorney fees, of any sort whatsoever, based defend them against any and all loss, damage, liability cost, and and others acting on their behalf, to hold them harmless, and to , its officers, employees, agents, the Cityindemnify defend and agrees to the County To the fullest extent permitted by law, representation or statement not set forth herein. accept them as stated herein; and (d) have not relied upon any significance of those terms and have made the decision to greement, understand all of its terms, appreciate the a greement’s terms and conditions, (c) have read this athis appropriate; (b) have had a sufficient amount of time to consider and willingly with legal counsel as deem ,voluntarilygreement knowingly, a(a) enter into and execute this they:greement, the parties acknowledge that aBy executing this .greementathis representations, oral or written, not specified herein regarding or ,There are no understandings, agreementspurpose given.effective only in the specific instance and for the specific or change, if made, shall be ,Such waiver, consent, modification. ’ authorized representative parties eachwriting and signed by greement shall bind either party unless in aof terms of this consent, modification or change ,contained herein. No waiverany prior agreements between the parties relative to the matters parties as to those matters contained herein and supersedes greement constitutes the entire agreement between the aThis .ordinanceslaws, resolutions, or -articles, bylaws, home rule charter, as required by applicable Countythe the City or delegated authority to do so from been have who sign this agreement hereby certify that they sThe person .original contract, or their successors in officeshall be executed by the same parties who executed the shall be in writing and AgreementAny amendments to this 6 34 Helmstetler, Deputy Clerk-Lisa Morris ATTEST: Board of Commissioners of the Olmsted County Sheila Kiscaden, Chairperson By: OLMSTED COUNTY , Deputy ClerkAaron Parrish ATTEST: MayorKim Norton By: ROCHESTERCITY OF .42executed this _____ day of ___________, 20greement to be duly aIN WITNESSETH WHEREOF, the parties have caused this s obligations under this contract. performance ofis or may be legally responsible, in the the City omissionswhose acts or officers, employees, or agents, or any others forty, its ie Ctype sustained, by reason of any act or omission by dings brought, or any loss, damage or injury of any or proceewhatsoever, based upon or resulting from any actions, claims, liability cost, and expense, including attorney fees, of any sort harmless, and to defend them against any and all loss, damage, agents, and others acting on their behalf, to hold them 7 35 Rochester 37th St NW at Gage School Rochester/Olmsted County St. Mary's Dr SW & Harvest Dr SW Rochester 25th Ave NW & 55th St NW Rochester Historic Dr SW & W Circle Dr SW Rochester 2nd Ave NW & 8th St NW Rochester E Circle Dr NE & Viola Rd NE (CR 2 & CR 22) Rochester 11th Ave SW & South Point Dr SW Rochester Sunset Terrace Elementary School NW Rochester 14th St SE & 8th Ave Rochester 11th Ave SE & 8th St SE Rochester 7th St SW and 10th Ave SW Rochester Valley Dr NW & Country Club Manor NW Rochester 6th Ave NW @ Central Lutheran Cascade Township 16th Ave NW & 65th St NW Rochester 37th St NW & Zumbro Dr NW Rochester 13th Ave NW & 48th St NW Rochester Fairway Dr NW & Chesapeake Ln NW Rochester 41st St NW & Hwy 52 N Rochester 26th St NW & Hwy 52 N Rochester 36th Ave NW & 6th St NW Rochester NW & 10th St NW11th Ave Rochester Township Meadow Ridge Dr SW & Oakland Ct SW Rochester Mayo Hills Dr SW & Abigail Ct SW Rochester 10th Ave SW & 38th St SW Rochester 5th Ave SW & 23rd St SW Rochester 23rd Ave SW & Gates Dr SW Rochester Hwy 52 S16th St SW & Rochester 6th St SW & Broadway Ave S Rochester Marion Rd SE & Kalhoun Ct SE 9 Rochester 11th Ave SE & 26th St SE 8 Rochester 36th Ave SE & College View Rd SE 7 Rochester 50th Ave NW & Badger Hills Dr NW 6 Rochester 16th St SE 3rd Ave SE & 5 Rochester 10th Ave SE & 1st St SE 4 Rochester/Olmsted County 36th Ave NE & Viola Rd NE 3 Rochester/Olmsted County Woodridge Ln NE & Summit St. NE 2 Rochester 10th Ave NE & 2nd St NE 1 Location (Ownership) Location Siren No. INVENTORY WARNING SYSTEM APPENDIX A 8 36 Pine Island Prairie View Dr NE Chatfield 761 Burr Oak Ave Chatfield Juniper Rd Chatfield 213 5th St Byron 1291 7th St NE Oronoco Township Oronoco Estates Rochester 2061 Gemini Dr SW Rochester Hawk Dr SE4327 Red Rochester 3977 Whiting Ln NE Rochester 6380 Fairway Dr NW Rochester 3213 Harbor Heights Ct SE Rochester 4390 Saint Bridget Rd SE Rochester 5123 Scenic Oak Dr SW Chatfield Chatfield Elementary Byron Byron High School Marion Township 6600 10th St SE (Chester) Eyota Eyota Fire Hall Marion Township KOA Marion Rochester Lionhart Dr NW & Lloyd St NW Eyota Bush Ct SW & Knowledge Rd Oronoco 1325 Riverwood Dr SW Oronoco SE & Cedar Point Rd SECedar Dr Rochester Faud Mansour Sports Complex Rochester 3200 18th Ave NW Eyota Weststone Dr & Canyon Dr New Haven Township New Haven Township Hall Dover Dover Fire Hall Olmsted County Chesterwoods Park Eyota Jefferson Ave W5th St & Stewartville 20th St NW & Cardinal Ln NW Stewartville 4th St SE & Berg St SE Stewartville 2nd St SE & 2nd Ave SE Oronoco 7th St SW & 7th Ave SW Oronoco 1st St NW & 1st Ave NW Olmsted County Oxbow Park Byron 4th Ave NW near 7th St NW Byron 3rd Ave NE & 4th St NE Rochester Helgerson Dr @ Rochester International Airport Rochester Marion Rd SE & 50th Ave SE (Mighty Oaks School) Rochester East Center St. -Mayo Field Rochester 26th St NWSuperior Dr NW & Rochester Zumbro Dr NW & 4th Ave NW Rochester Nicolas Dr NW & 55th St NW 9 37 Rochester Rochester EOC Virtual Server/Activation point Rochester 65th St NW & Bandel Rd NW Rochester Essex Parkway & Roy Watson Park Rochester Quarry Hill Shelter Pine Island 1770 River Rd -Pine Island South Mech Pine Island Pine Island Elementary New Haven Township CJ Auto Sales NOT USED Pine Island Pine Island Public Works Rochester Quarry Hill Rochester Meadow Park Stewartville Bear Cave Park Rochester McQuillan Fields Rochester 6th St SE & East Frontage Rd Rochester 2872 Peterson Ln SE Pine Island 10th St NW & 8th Ave NW Pine Island 1900 8th St SE Pine Island 300 Main St Pine Island 420 3rd Ave NW 10 38 City of Rochester EOC activation point.Rochester/Olmsted County Emergency Communications Center and vehicle, Olmsted County HSEM Deputy Director’s vehicle, HSEM Director’s County Alternative Activations points are; Olmsted . The once per monthe. The Alternative Activation Points will be tested weekly.d. The Primary Activation Point will be tested .a Quiet Test every Wednesday thereafterof each month and Wednesdayon the first minute activation-actual 3will consist of an April 1 through September 30 (Summer schedule)c. .Wednesday thereafterand a Quiet Test every month day of stest on the first Wedneminute -will be a one October 1 through March 31 (Winter schedule)b. at 1000 hours, weather permitting. Wednesday will be every Siren SystemOutdoor Warning a. The testing of the Testing Schedule: APPENDIX B M 39)243,075,1$(?II?stalF?hgihyellaV?-?3202)164,940,1$(?slliH?ronaM?-?2202)393,022,1$(?sthgieH?nrehtroN?dna?)422,102$(?slliH?ronaM?-?1202)064,611,1$(?sthgieH?yrutneC?-?0202)397,283,1$(?haimereJ?dna?) 265,011,1$(?II?ecalP?weivtsevraH?-?9102)609,829$(?ecalP?weivtsevraH?-?8102:stiderc?xat?gnisuoh?%9?dedrawa?yltnecer?stcejorp?gnisuoh?elbadroffA.ymonoce?dna?htworg?s'retsehcoR?nopu?desab?,slasoporp?tid erc?xat?atosenniM?retaerg?rehto?htiwevititepmoc?yrev?yllareneg?era?retsehcoR?ni?desoporp?stcejorp?tiderc?xat?gnisuoh?taht?deton?eb?dluohs?tI.stiderc?xat?gnisuoh4202?eht?refsnart?dna?tnemeergA?srewoP? tnioJ?a?otni?retne?ot?lavorppa?licnuoC?gnikees?si?maet?eht?dna,tsap?eht?ni?llew?tuo?dekrow?sah?tnemegnarra?sihT?.noitartsinimda?margorp?yad-ot-yad?eht?dna?stidercxat?rof?noitacilppa?rof?)retsehcoR?fo ?ytiC?eht?sa?hcus(?srotacolla-bus?eht?hguorht?naht?rehtar?,ffats?AFHMhtiw?yltcerid?krow?stnacilppa?eht?gnivah?yb?ycneiciffe?retaerg?edivorp?ot?si?tnemeerga?siht?rof?nosaer?ehT.stcejorp?esoht?rof?gnit roper?tiderc?xat?dna?gnirotinomecnailpmoc?rof?elbisnopser?eb?lliw?AFHM?,noitidda?nI?.stcejorp?dedrawa?eht?ot?tifeneb?fo?si?hcihw,gnidnuf?tiderc?xat?fo?sdnuor?tneuqesbus?rof?etepmoc?ot?deen?eht?setani mile?sihT?.tnuoma?lanoitiddana?dna?)504,686$?yletamixorppa(?noitacolla?tiderc?xat?s’ytiC?eht?htob?dedrawa?eb?dluoc?ti?,ylevititepmocserocs?ti?fI?.stiderc?xat?seitiC?atosenniM?retaerG?rehto?htiw?yltce rid?etepmoc?dluow?retsehcoR?nidesoporp?tcejorp?tnempoleved?tiderc?xat?desoporp?ynA?.nalP?noitacollA?deifilauQ?s’AFHM?eht?no?desabstiderc?xat?gnisuoh?rof?snoitacilppa?serocs?dna?sweiver?AFHM?eht?,tnem eergA?srewoP?tnioJ?a?rednU.margorp?eht?fo?noitartsinimda?eht?rof?dna?snoitacilppa?eht?ssecorp?ot?dedda?eb?ot?deen?dluowsetammaet?lanoitidda?,stiderc?xat?gnisuoh?fo?noitacolla?rieht?deretsinimda?ytiC? eht?fI?.margorp?tiderC?xaTgnisuoH?eht?fo?noitartsinimda?eht?rof?)AFHM(?ycnegA?ecnaniF?gnisuoH?atosenniM?eht?htiw?tnemeergAsrewoP?tnioJ?a?otni?deretne?sah?ytiC?eht?sraey?tsap?nI?.stiderc?xat?gnisuoh?f o?rotacolla-bus?a?si?ytiC?ehT:evitarraN?tropeR.AFHM?eht?ot?ot?stiderC?xaT?gnisuoH?fo?refsnarT?eht?dna?,noitartsinimdA?tiderC?xaT?gnisuoH?rof?)AFHM(ycnegA?ecnaniF?gnisuoH?atosenniM?eht?htiw?tnemeergA? srewoP?tnioJ?4202?eht?fo?noitucexe?gnizirohtuA:detseuqeR?noitcA???6.F?stiderC?xaT?gnisuoH?fo?refsnarTdna?noitartsinimdA?rof?ycnegA?ecnaniF?gnisuoHatosenniM?htiw?tnemeergA?srewoP?tnioJ?4202 NOITCA?ROF?TSEUQER ybnevS?tnerB:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE 2 40 ycnegA?ecnaniF?gnisuoH?atosenniM?ot?stiderC?xaT?gnisuoH?fo?refsnarT?-?tnemeergA?refsnarTnoitartsinimdA?tiderC?xaT?gnisuoH?ycnegA?ecnaniF?gnisuoH?atosenniM?-?tnemeergA?srewoP?tnioJ:stnemhcattA ybnevS?tnerB:yB?deraperP.emit?siht?ta?detseggus?si?noitca?evitanretla?oN:)s(noitcA?evitanretlA.tcejorp?eht?ni?pag?laicnanif?a?llif?pleh?ot?ytiC?ehtmorf?gnicnanif?tnemercni?xat?kees?ylekil?lliw?stcej orp?gnisuoh?elbadroffA?.tegdub?s'ytiC?eht?no?tcapmi?oN:tcapmI?ecruoseR?&?lacsiF.s0002?ylrae?eht?ecnis?noitartsinimda?tiderc?xat?gnisuoh?gnidrager?ycnegAecnaniF?gnisuoH?atosenniM?eht?htiw?yllaunna?tne meergA?srewoP?tnioJ?a?otni?gniretne?neeb?sah?ytiC?ehT:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slevel?emocni?naidem?aera?fo?%03?dna?%05?gnihcaer?stcejorp?emos?htiw?,emocni?naidemaera?eht?fo?% 06?naht?ssel?ro?ta?gnikam?slaudividni?ot?detcirtser?yltsom?era?stiderc?xat?gnisuoh?gniviecerstcejorP?.24?noitceS?edoC?euneveR?lanretnI?eht?rednu?denifed?sa?doirep?esu?dednetxe?eht?fo?dneeht?hguorht?e lbadroffa?niamer?lliw?stinu?eht?taht?eriuqer?stiderc?xat?gnisuoh?emocni-wol?gniviecer?stcejorpgnisuoH?.snoitpo?gnisuoh?elbadroffa?dna?esrevid?htiw?stnediser?edivorp?dna?etomorp?ot?sevirts?ytiC?ehT:tc apmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroirP)000,078,1$(?nelG?noitarotseR?-?420 202 41 Minnesota Housing shall apply to all projects and that will QAP 5202-4202the parties agree that the , sHTCCity of Rochester the respect to b. .3Section 462A.22pursuant to Minnesota Statutes Minnesota Housingto be allocated by portion of the 2024 State Housing Credit Ceiling credits become part of the Said .using the form attached hereto Minnesota Housingto distributionannual tax credit 4202 its entire transferagrees to City of Rochester a. . and Award Allocation 1. IT IS AGREED: NOW, THEREFORE, .by referencethis Agreement entirety into itsin incorporatedhereby are, and any revisions and amendments thereto, 2025 -(Plan n Qualified Allocatio Credit 2025 Housing- Housing Minnesota, the WHEREAS contemplate a joint powers agreement as set forth herein; and and also and compliance monitoring procedures sHTCof and award procedures for the allocation which include both sAPQ sadopt Minnesota Housing ,, pursuant to Section 42 WHEREAS ; and limited tax exempt bondsto developments financed with volume 4202awarded in calendar year or Ceilingt CrediHousing State 4202the calendar year or allocated f sHTCwith respect to of Rochester City and compliance monitoring functions on behalf of the , awardallocation HTCall of will perform Minnesota Housing this Agreement, set forth inexpressly certain functions , except , pursuant to which471.59 § . . under (the “Agreement”) agreementwish to enter into a joint powers City of Rochesterand the Minnesota Housing, WHEREAS 462A.222, subd. 1; and § under Minn. Stat. sis eligible to receive a reservation of HTCwhich itycis a Rochesterof City , the WHEREAS formula and reserved for allocation by the respective entities; and is divided by statutory ,14-§ 1.42, as that term is defined in 26 CFR Housing Credit Ceilingand the State sare authorized to allocate HTCin counties and cities Housing) and certaunder Minnesota law, the Minnesota Housing Finance Agency (Minnesota , WHEREAS as that term is defined in Section 42(m)(1); and (QAP) Agencies as that term is defined in Section 42(h)(8)(A), pursuant to a Qualified Allocation Credit ) to be allocated by Housing sHTC( scredit tax income housing-provides for low(Section 42) , as amended,of 1986CRevenue of the Internal42 Section WHEREAS, JOINT POWERS AGREEMENT CREDIT ADMINISTRATION TAXHOUSING MINNESOTA HOUSING FINANCE AGENCY March 2023 1 HTC Joint Powers Agreement 4 202 42 hereunder shall be in writing addressed as follows: party to the other . All notices to be given by either Addresses for Notices .5 as those terms are defined under IRC Section 42. ,Extended Use Periodthrough the end of Compliance Period from the beginning of the shall continue , said responsibilities hereinonsibilities respect to the compliance monitoring respWith . until all award responsibilities have been completed terminateshall s to developments financed with tax exempt bonds, this Agreement HTCawards of With respect to .greement have been completedAunder this responsibilities allocation not terminate until shall responsibilities herein, this Agreement With respect to the allocation . effective onAgreement shall be below, t herein parties’Subject to execution by all of the Term of Contract. .4 n.therei amounts set forthapplicant/owner at the times and in the HTCdirectly by the Minnesota HousingThe compensation shall be paid to . Guideand the Compliance QAP2025 -in accordance with the for the allocation and compliance duties and shall do so receive compensation charge and shall Minnesota Housing Compensation. 3. to time.all as may be amended from time , 5-§and 26 CFR Guide (Compliance Guide)Compliance redit ProgramCax TMinnesota Housing the, QAP 5202-4202of the rovisions responsibilities for the projects pursuant to the compliance monitoring pthe compliance monitoring perform shall Minnesota Housing. Minnesota Housing, shall be performed by 42(h)(6)(D)Section Section 42(i)(l)(i) and defined inproject, as those terms are Compliance Period and Extended Use Period for each compliance monitoring functions throughout the , Minnesota Housingfrom sHTCall projects receiving their initial allocation of For Compliance Monitoring. .2 .QAP 5202-4202 tions contained in thelimitapursuant to the requirements and Round 2,in Round 1 and, if applicable, sHTCshall allocate QAP and 5202-4202make selections according to the selection processes established by the shall Minnesota Housing ,QAP 5202-4202of the and 2 1 sUnder Round d. .pursuant to Section 42(m)(2)(d)documentation of its review must provide the issuer er Section 42(m) and applicable reviews und conductshall Minnesota Housinghe parties agree that Tissued. bonds are sufficient QAP in effect for the year Minnesota Housing the, the project must comply with sHTCthat apply for an award of Rochester City of located in bonds exempt-projects financed with tax With respect to c. .QAP 5202-4202 in theforms included applicationAll applicants shall use the .QAP 5202-4202using City of Rochesterthe allocation duties on behalf of the all of perform March 2023 2 HTC Joint Powers Agreement 4 202 43 any valid collective bargaining agreement.interfere with the contractual obligations of either party with its employees under Agreement shall be construed in such a manner as to not employees. This circumstances shall be liable for any employee benefits of the other party’s underpartners between the parties hereto. Neither party -relationship of coand should not be construed in any manner as creating or establishing a t intended is nogreement AAgreement. This isarising out of the performance of thentitled to any claim or benefit from the other party from any event or occurrence purposes including workers’ compensation. No employee of either party shall be for all ty of RochesterCi shall always be considered employees of theRochester City of purposes including workers’ compensation and the employees of the for all Minnesota Housingshall always be considered employees of HousingMinnesota The parties agree that the employees of . Independent Contractors .9 as are deemed necessary. prior written consent of the parties and subject to such conditions and provisions Agreement without isshall assign any interest in th Neither party .Assignment .8 thereof.f any others and the results law. The parties shall not be responsible for the acts oand omissions of its employees, and results thereof to the extent authorized by Each party shall be responsible for its own acts and omissions, the acts Liability. .7 records, data and information. the other, whenever possible, to obtain such control for each other’s use in the performance of this Agreement, and will assist make available all pertinent information, data and records under their respective agree that it will the City of Rochester Minnesota HousingBoth Records. .6 furnish by notice to the other party. or addressed to any such party at such other address as such party shall hereafter 2St. Paul, Minnesota 00 4, Suite North Street Wabasha Minnesota Housing Finance Agency :at Minnesota HousingTo (b) Attn: City Administrator Rochester, MN 55904 Street SE, Room 266 th 201 4 City of Rochester the City of Rochester To (a) March 2023 3 HTC Joint Powers Agreement 4 202 44 Date: Its: City Clerk Date: :Its By: AGENCYMINNESOTA HOUSING FINANCE Date: :Its ROCHESTER CITY OF executing this Agreement has been authorized to do so by its governing body. Each Party represents that the individual Agreement. Authority to Enter into .11 parties.This Agreement may be amended only in writing signed by Amendments. .01 March 2023 4 HTC Joint Powers Agreement 4 45 3 March Agreement Transfer Powers Joint 4 Date: Its: By: CITY CLERK Date: Its: By: CITY OF ROCHESTER immediately. effective HTCs the transfer The HTCs. those respect with entitlements and rights its all relinquishes the City of Rochester and 462A.222 § .Stat Minn. under CeilingHousing Credit 4202 Housing Minnesota the part become HTCs the ,Housing Minnesota HTCs the transferring that understands The City of Rochester Housing. Minnesota distribution credit tax annual HTC 4202 entire its transfer irrevocably and voluntarily agrees Rochesterthe City of Agreement, Powers Joint described-above the Pursuant April 23, 2024 Housing Finance Agency (Minnesota Housing) dated has entered into a Joint Powers Agreement with the Minnesota The City of Rochester .(HTCs) Credits Tax Housing Income Low 4202 686$ approximately receive expected the City of Rochester 462A.222, § Stat. Minn. Pursuant AGENCY FINANCE HOUSING MINNESOTA CREDITS TAX HOUSING TRANSFER M 46 rubgiN?ekiM:yB?deraperP.tnemeergaesahcrup?eht?gnitadilavni?suht?,emit?ni?tnemeriuqer?tnemeerga?esahcrup?gnitsixe?eht?llifluf?ot?elbaeb?ton?dluow?repoleved?eht?ecnatsni?hcus?ni?,revewoH?.tseuqer? noisnetxe?siht?tcejer?dluoc?licnuoC?ehT:)s(noitcA?evitanretlA.tnemeerga?esahcrup?eht?ni?deniltuo?sa?ytreporp?eht?rof?diap?eb?lliw?ytiC?ehT:tcapmI?ecruoseR?&?lacsiF ecnayevnoC?ytreporP?rof?tnemeergA?e sahcruP?fo?lavorppA?-?licnuoC?ytiC?:3202?,61?rebotcO:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.egnellahc?ylppus?gnisuoh?llarevo?eht?rof?noitulos?eht?ot?etubirtnocpleh?lliw?noitacol?siht?ta?gni suoh?lanoitidda?gnivah?dna?,ytiC?eht?rof?ytiroirp?yek?a?si?gnisuoh?elbadroffA:tcapmI?IED?&?snoitaredisnoC?yciloP gniviL?elbadroffAtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?lanoitadnuoF?&?seiti roirP.wodniw?noisnetxe?eht?nihtiwdetelpmoc?eb?lliw?ecnayevnoc?siht?taht?etapicitna?ew?,sesirprus?yna?gnirraB?.enilemit?desiver?siht?gniteemhtiw?snrecnoc?yna?detacidni?ton?sah?repoleved?ehT?.emarfemit ?noisnetxe?siht?nihtiw?stnemeriuqertnemeerga?esahcrup?eht?fo?noitelpmoc?eht?wolla?ot?drawrof?noitcerid?eht?eniltuo?ot?repoleved?eht?htiwdekrow?sah?maet?ytiC?ehT?.ytreporp?eht?fo?gnittalp?gnidulcni?,t nemeerga?esahcrup?eht?ni?deniltuo?smetieht?fo?noitelpmoc?wolla?ot?syad?03?yb?tnemeerga?esahcrup?eht?dnetxe?ot?si?repoleved?eht?yb?tseuqer?ehT:evitarraN?tropeR.ES?tS?ht4?raen?dnal?ytiC?fo?noitrop?a?fo ?ecnayevnoceht?rof?CLL?,ylimafitluM?teertS?ht4?htiw?tnemeerga?esahcrup?gnitsixe?eht?fo?noisnetxe?eht?gnizirohtuA:detseuqeR?noitcA???7.FES?tS?ht4?raeN?dnaL?ytiC?fo?noitroPa?fo?ecnayevnoC?rof?noisnetxE ?tnemeergA?esahcruP NOITCA?ROF?TSEUQER rubgiN?leahciM:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAnoitaerceR?&?skraP:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE A 47 ES?tS?ht4?raeN?ytreporP?-?ylimafitluM?teertS?ht4?-?tnemeergA?esahcruPES?tS?ht4?raeN?ytreporP?-?ylimafitluM?teertS?ht4?-?tnemeergA?esahcruP?ot?tnemdnemA:stnemhcatt 1 48\[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK\]shall be construed together and shall constitute one (1) agreement.effect as if all parties hereto had allsigned the same document. All counterparts This Amendment may be executed in any number of counterparts with the same 3.in full force and effect.Except as amended hereby, each of the terms of the Purchase Agreementremains 2.The Closing Date is amended to on or before May 20, 2024. 1.as follows:contained, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree , in consideration of the mutual covenants and promises herein HEREFORE TNAgreement.Seller and Buyerwish to amend certain terms and conditions of thePurchase WHEREAS,unless otherwise defined herein; andterms used in the Amendmentshall have the meanings given to them in the Purchase Agreement, located in Olmsted County,Minnesota anddescribed in the Purchase Agreement. Capitalized (the “Purchase Agreement”), pursuant to which Seller has agreed to convey the real propertySeller and Buyerare parties to aPurchase Agreement dated October 23, 2023WHEREAS,ECITALS RLLC, a Minnesota limited liability company(“Buyer”).of this ____day of April, 2024, by the City of Rochester (“Seller”)and 4th Street Multifamily, (“Amendment”), is made and entered into as GREEMENT A URCHASE P MENDMENT TO ATAMENDMENTTOPURCHASEAGREEMENT 233362 2 49 Its: _______________By: ____________________________________4th Street Multifamily LLC:BUYER Its: City ClerkBy: ____________________________________ Its: MayorBy: Kim Norton_________________ ___City of Rochester:SELLERfirst above written.IN WITNESS WHEREOF, the undersigned have hereunto set their hands the day and year 233362 50 51 52 53 54 55 56 57 M 58 cigetarts?eht?htiw?sngila?SaaS?ot?esimerP-nO?morf?noitisnart?eht?hguorht?secivres?tnetsisnoc?gniniatniaM:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEsecivreS?ytilauQ: selpicnirP?lanoitadnuoF?&?seitiroirP.SaaS?rof?tsoc?ni?esaercni?eht?tesffo?ot?desu?eb?nac?retnuoC?ycnegA?morf?sgnivasehT?.ylcilbup?derahs?eb?dna?aleccA?morf?atad?pam?ot?desu?eb?nac?taht?metsyS?noitamr ofnI?cihpargoeGs'ytiC?eht?htiw?noitargetni?na?edivorp?lliw?SaaS?.ti?pam?dna?aleccA?morf?atad?llup?ot?desu?si?retnuoCycnegA?.deunitnocsid?eb?ot?retnuoC?ycnegA?rof?wolla?dluow?SaaS?ot?esimerP-nO?morf?n oitisnart?ehT?.cte?,esnecil?,timrep?a?rof?ylppa?ot?gnideenesoht?rof?ecneirepxe?nezitic?devorpmi?na?edulcni?taht?SaaS?htiw?serutaef?lanoitidda?era?erehT?.etelpmocot?shtnom?6-5?ekat?dluow?ssecorp?noita rgim?eht?taht?setamitse?aleccA?.snoitarugifnoc?dna?serutaefwen?ot?ssecca?evah?osla?dluow?dna?noitargim?SaaS?eht?ni?noitarugifnoc?tnerruc?sti?niatniam?nac?ytiC?ehT.aleccA?yb?detroppus?dna?,deniatniam? ,detsoh?yllartnec?eb?dluow?erawtfos?noitacilppa?dna?erutcurtsarfnillA?.duolc?eht?ot?detargim?eb?ot?metsys?esimerP-nO?ruo?rof?wolla?dluow?taht?tcudorp?SaaS?a?sreffo?aleccA?.srehto?gnoma?,stimrep?erif? dna?,sesnecil?ytiC?,stimrep?tneve?,snoitcepsnignisuoh?,snoitcepsni?gnidliub?,snoitaloiv?gninoz?,setacifitrec?gninoz?,stimrep?gnidliub?sa?hcus?smeti?kcartdna?ssecorp?ot?yliad?dezilitu?si?aleccA?.tnemt rapeD?eriF?eht?dna?,krelC?ytiC?eht?fo?eciffO?eht?,tnemtrapeDtnempoleveD?ytinummoC?eht?hguorht?stimrep?ssecorp?dna?weiver?ot?mroftalp?aleccA?eht?sezilitu?ytiC?ehT?.5202?,13?rebmeceD?no?mroftalP?civiC? esimerP-nO?ehtfo?troppus?dne?lliw?aleccA?.tcudorp?ro?noisrev?cificeps?a?ecnahne?ot?sehctap?ro?,skcap?ecivres?,setadpufo?noitubirtsid?dna?tnempoleved?eht?si?tcudorp?a?fo?ecnanetniam?ehT?.5202?,03?enuJ ?no?mroftalP?civiCaleccA?esimerP-nO?eht?fo?ecnanetniam?eunitnocsid?lliw?yeht?taht?3202?tsuguA?ni?ytiC?eht?deifiton?aleccA:evitarraN?tropeR?.sesnecil?rouqil?dna?ssenisub?dna?,stimrep?erif?dna?gnidliub ?,gninoz,gninnalp?gnitroppus?,)SaaS(?ecivreS?a?sa?erawtfoS?ot?esimerP-nO?morf?noitargim?ecivres?erawtfosrof?,8202?,12?tsuguA?hguorht?,57.792,557,1$?fo?tnuoma?eht?ni?.cnI?aleccA?htiw?tnemeergA?na?gniz irohtuA:detseuqeR?noitcA???8.FgnisneciL?dna?gnittimreP?,gninoZ?,gninnalPgnitroppuS?)SaaS(?ecivreS?a?sa?erawtfoS?ot?esimerP-nO?morf?noitargiM?rof?aleccA?htiw?tnemeergA NOITCA?ROF?TSEUQER drawdooW?enerI:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE p 59 secivreS?lanoisseforP?aleccA?-?kroW?fo?tnemetatSecneirepxE?nezitiC?muimerP?aleccA?-?kroW?fo?tnemetatSnoitargiM?aleccA?-?kroW?fo?tnemetatSgnisneciL?dna?,gnittimreP?,gninoZ?,gninnalP?ot?detaleR?se civreS?erawtfoS?rof?.cnI?aleccA?-?etouQ:stnemhcattA drawdooW?enerI:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcapmi?tegdub?lartuena?ni?gnitluser?erawtfos?gni tsixe?eht?rof?stsoc?launna?tnerruc?eht?ot?lauqe?ro?naht?ssel?eb?lliw?)89.237,131$(tsoc?launna?eht?,derrucni?era?stsoc?noitargim?laitini?eht?retfA??.ssecorp?tegdub?5202?eht?fo?trapsa?dettimbus?eb?lliw ?noitargim?eht?rof?noitcejorp?eunever?detadpu?dna?gnidnuf?lanoitidda?ehT?.snoitcejorpeunever?no?desab?detcelloc?neeb?sah?eunever?eht?fo?%04?,hcraM?fo?dne?eht?fo?sA?.eunever?noitcurtsnocni?esaercni?de tapicitna?na?morf?emoc?lliw?noitargim?emit-eno?eht?rof?sdnuf?eht?fo?redniamer?ehT?02.117,553$:latoT89.237,131$1?raey?-?aleccA22.879,322$stsoC?noitargiMemit-enO?aleccA?:sesnepxE??06.380,441$:latoT091, 83$retnuoC?ycnegA06.398,501$gnidnuF?aleccA?gnitsixE?:gnidnuFgnitsixE/sgnivaS?.tegdub?4202?eht?ni?yltnerruc?si?taht?retnuoCycnegA?gniunitnocsid?morf?emoc?dluow?sgnivas?ni?091,83$?lanoitidda?nA?.erawtf os?aleccA?rof?tegdub4202?s'krelC?ytiC?dna?,eriF?,tnempoleveD?ytinummoC?morf?emoc?dluow?06.398,501$?fo?gnidnuf?gnitsixE?.tsoc?ni?esaercni?%5?a?si?ereht?raey?hcaE?.46.698,943$?si?8202?ot?5202?morf?alec cA?rof?tsoclaunna?egareva?ehT?.94.917,423$?eb?dluow?5202?ni?aleccA?rof?tsoc?launna?ehT?.raey?siht?retal?evil?eb?lliwtcudorp?SaaS?eht?nehw?dna?erawtfos?eht?fo?noisrevnoc?detapicitna?eht?no?desab?si?ts oc?detar-orp?ehT.SaaS?rof?07.810,011$?fo?tsoc?detar-orp?a?eb?lliw?ereht?tsoc?noitargim?eht?ot?,noitidda?nI?.22.879,322$gnilatot?saaS?ot?metsys?esimerP-nO?ruo?morf?margorp?eht?etargim?ot?dna?secivres? lanoisseforprof?stsoc?emit-eno?sedulcni?hcihw?02.117,553$?si?saaS?aleccA?rof?4202?ni?tsoc?detapicitna?ehT:tcapmI?ecruoseR?&?lacsiF.stca?evitalsigel?roirp?on?era?erehT:tnemegagnE?ytinummoC?&?snoitcA?e vitalsigeL?roirP.licnuoC?eht?yb?htrof?tes?sa?secivreS?ytilauQ?fo?ytiroir 60 61 62 63 8500-871-Tel: 703 20190 Reston, VA Suite 100 11493 Sunset Hills Road Carahsoft Technology Corp. 3200-659-925Tel: San Ramon, CA 94583 Suite 120 2633 Camino Ramon Accela, Inc. Version 1.0 1/22/2024 SaaS Migration Services Rochester Minnesota Statement of Work Proprietary and Confidential 9of 1Page rkStatement of Wo 64 9 ............................................................................................................................................................... CCEPTANCE A IGNATURE AND S 9 ...........................................................................................................................................APPENDIX A: CHANGE ORDER FORM 8 ................... ................................................................................................................................................................. SIGNATURES 7 ........................ ................................................................................................................................................................ISCLAIMERS D 7 ........................ .................................................................................................................................................................. XPIRATION E 6 ...................... ............................................................................................................................................................. DERS O HANGE C 6 ........................ ..................................................................................................................................................... ADMINISTRATION 6 ................................ ....................................................................................................................................................UM S ONTRACT C 6 .................................. .......................................................................................................................................................... XPENSES E 6 ................................ ............................................................................................................................................ CHEDULE S AYMENT P 6 ..................................... ........................................................................................................................................ PAYMENT TERMS 5 .............................................. ........................................................................................................................ OLD H N O UT P ROJECTS P 5 ................................................... ....................................................................................................................... OMPLETION C ROJECT P 5 ........................................................ ....................................................................................................................... IMELINE T ROJECT P 5 .......................................................... .............................................................................................. SSUMPTIONS A ROJECT P ENERAL G 5 ....................................................................... ........................................................................................ PROJECT ASSUMPTIONS 5 ........................................................................................ ......................................................................................... OUT OF SCOPE 4 .............................................................................................. ............................................................................... ESCRIPTION D ORK W 4 .................................................................................................. .................................................................... SCOPE OF SERVICES 4 .............................................................................................................. .............................................................................. VERVIEW O 4 ............................................................................................................ .................................................................... INTRODUCTION 3 ................................................................................................................... ................................................. DOCUMENT CONTROL 2 .................................................................................................................................. ................................... TABLE OF CONTENTS TABLE OF CONTENTS Proprietary and Confidential 9of 2Page rkStatement of Wo 65 ion SOW Creat 1.0 J. White 1/20215/2 Change Reference Version Author Date ONTROLC OCUMENTD Proprietary and Confidential 9of 3Page rkStatement of Wo 66 Provision tenant instance in Accela SaaS 4. Execute validation scripts to confirm the schema 3. SQL instanceSaaS into Accela DB the MS SQLdata from Import c. drop any custom objectsExecute preparation and remediation scripts; b. Copy database to Accela site a. and ADS databases as required) ,AMOPerform the database migration (Accela, Jetspeed, AGIS, 2. migrateds for the environments to be database MS SQLCustomer provides an updated backup of the 1. Steps: to the Accela SaaS platform. environments: Support, Test, Production)(up to 3 MS SQLusing environments Accela premise -on Accela will perform a migration of the customer’s WORK DESCRIPTION fficeOobile Mccela A • Accela GIS • Accela Citizen Access • AutomationAccela • The following Accela products are in scope for this Project: Products Go live planning and cutover assistance • Up to 20 hour of issue resolution and testing assistance • reports SSRS 200Migration of up to • EDMS o Credit Card Payment Adapter o Finance o GIS o Assistance migrating 4 specific interfaces: • )uctionrodPest, T, ortuppS(up to 3 environments: sDB MS SQL Import/upgrade of • to the Accela Cloud based on the materials provided by the Agency in the SaaS Migration Questionnaire.Land Management instance premise-Accela will provide services to the Agency for migrating the Accela on SERVICES OFSCOPE based engagement. Fixed FeeThis statement of work represents a “Customer”).( Rochester Minnesota its affiliates and/or agents (“Accela”) to Corp. (“Carahsoft”) and Carahsoft Technology professional services (collectively, the “Services”) to be provided by Accela, Inc.based -projectsets forth the scope and definition of the 1/22/2024 Work (“SOW”) dated This Statement of OVERVIEW INTRODUCTION Proprietary and Confidential 9of 4Page rkStatement of Wo 67 put the project toimplementation on hold. The Agency must send a formal written request sent to Accela It is understood that sometimes Agency priorities are revised requiring the Agency to place the Accela OLDH NO UTP ROJECTSP e, this contract will be closed.Upon completion of the work defined abov PROJECT COMPLETION SOW.mutual acceptance and signature of this after days(45) calendar five-forty for the Project isstart date projectede Thweeks. 20 roject is estimated to takeThe p IMELINET ROJECTP party system. rd version of the 3for interface development. All interfaces will be developed against 1 (one), agreed upon ssystemparty rd Agency will ensure that Accela resources have access to a Dev or Test version of the 3 • nge Order.Such a delay will result in a Cha access in a timely fashion will result in a project delay.Failure to provide this through industry standard tools such as Virtual Private Network (VPN).This access must be provided remote installation and testing. for the Agency’s internal network provide the necessary tools, accounts, and permissions that will enable Accela to access willAgency • ASSUMPTIONS ROJECTP ENERALG ASSUMPTIONS PROJECT responsibility of Agency.not specifically described in this document is the , conversion or additional services CodingAny COPES OF UTO Execute go live plan 15. live/roll back decision-Final go 14. Develop go live plan 13. testing and remediate any issues found resulting from migration customer Facilitate o functions)Update reports to remove dependencies on custom objects (stored procedures, o Import reports into the Accela SaaS environment o )200(maximum of reports SSRSMigrate and update 12. Update interface EMSE scripting dependences for Azure compatibility o Adjust firewall rules and network topologies as necessary o Repoint service endpoints to new URLs o Test integrationsMigrate and 11. SQL DBrevised Provide the customer with a backup of the 10. Remediate any data issues that found from the migration 9. validationmigration Customer performs 8. Execute automated test tool to ensure proper system functionality 7. Start Accela services and validate the system is functional i.e. login, search, create records, etc. 6. Update environment specific data in the databases 5. Proprietary and Confidential 9of 5Page rkStatement of Wo 68 .AAppendix Template is attached hereto as r hour. The Change Order pe $259.74 change order. Standard blended rate for Accela resources is $and Agency prior to commencing any activities defined in the Carahsoftbe signed by willAny change order ails these changes, and impact to project and cost (if any). required, a change order will be created that detdue to changes in timing, roles, responsibilities, assumptions, scope, etc. or if additional support hours are the parties in writing prior to implementation of the Change Order. If Accela’s effort changes agreed to bybe agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order will continue performing the Professional Services in accordance with the SOW until the parties Accela willdelivery schedule that will result from the proposed change in the Professional Services Change Order. anticipated changes in the submit to Agency an estimate of the charges and the will through Carahsoft Agency must submit a written request to Accela specifying the proposed changes in detail. Accela below,and subject to the Disclaimers make a change to the scope of Professional Services in this SOW, In order to DERSO HANGEC ADMINISTRATION SOW.assumptions, dependencies and constraints, and roles and responsibilities of the Parties, as stated in this This estimated price is based on the information available at time of signing and the .003,896.10$is mentioned fees,-, as calculated from the aboveThe total estimated amount payable under this SOW CONTRACT SUM is signed prior to travel commencing to cover the cost of the travel.expense terms and conditions, conducted unless a Change Order, inclusive of travel onsite resources. Travel to the Agency will not be because Agency does not need any SOWThere is no provision for travel expenses or travel time in this XPENSESE 0$51,948.0 50% invoiced at completion • 0$51,948.0 50% due at contract signing • CHEDULES AYMENTP PAYMENT TERMS a new Statement of Work at new pricing.that time, Accela can choose to cancel the rest of the Statement of Work. To finish the project will require After the termination period, Accela reserves the right to terminate the contract at the time of the delay.based delay puts the project on hold past -terminate the contract and negotiate new terms. If an Agency, Accela reserves the right to 90 daysbased delay puts the project on hold for more than -If an Agency .change orderare subject to a tangible impact to Accela’s resource plan that have Delays of 2 weeks or more on hold. Proprietary and Confidential 9of 6Page rkStatement of Wo 69 upon Deliverables.-termination or suspension, the parties will work together in finalizing agreeduch suspend or terminate this SOW and/or any Change Order issued hereunder. In the event of any s outside the Supported Modifications, Accela may, upon no less than thirty (30) days’ notice to Agency, d by the Parties under this SOW and/or (b) is significantly nature or scope of Services as initially contemplateone or more Change Orders) which Accela reasonably determines (a) is a material modification of the In the event Agency requires significant changes to this SOW (including cumulative revisions across any manipulation of implemented scripts, reports, interfaces and adaptors. between Accela and Agency, does not extend outside the Supported Modifications or to any Agency t warranties in respect of its Services, Products, and maintenance and support, as set out the agreemen tested and maintained by Accela will be considered a “Supported Modification”. Accela’s obligations and re direct database changes and is capable of being consistently supported by Accela via APIs, does not requiProfessional Services Agreement. Any configuration of or modification to the Product that can be Accela makes no warranties in respect of the Services described in this SOW except as set out in the DISCLAIMERS can be renegotiated. the current scope and terms ,SOW is not executedsixty (60) calendar days of the date of this SOW. If the Services Agreement within ProfessionalThe scope and terms of this SOW must be executed as part of the XPIRATIONE Proprietary and Confidential 9of 7Page rkStatement of Wo 70 Date Date Title Title Type or Print -Name Type or Print -Name Authorized Signature Authorized Signature Rochester, MN Carahsoft signature hereto. Carahsoftundated by Agency, the effective date will be as of the This Statement of Work is agreed to by the parties and made effective upon the date of last signature. If SIGNATURES Proprietary and Confidential 9of 8Page rkStatement of Wo 71 Date: Date: Title: Title: Print Name: Print Name: By: By: Customer Accepted By: Carahsoft Accepted By: bject matter.supersedes all other documents and discussions regarding this suThis Change Order takes precedent and Order, including any new payment terms identified in this Change Order. orization for Accela and/or Agency to perform work in accordance with this Change Order will act as a Work Authof the Contract for the purchase, modification, and maintenance of the Accela systems. The approval of this Change The above Services will be performed in accordance with this Change Order/Work Authorization and the provisions SIGNATURE AND ACCEPTANCE If this is a CO for a bucket of T&M hours there needs to be an expiration date EXPIRATION: C. Please describe the method by which Accela may bill the customer. Typically for CO’s this is T&M. BILLING TERMS: B. \[Enter\] Total Project Cost Impact: \[Enter\]Total Project Resource Impact: \[Enter\]Total Project Schedule Impact: Etc. 2. Cost impact: • Resource impact: • Schedule impact: • Issue details/scope impact, add as many as needed\] –\[Description of Change #1 1. PROJECT CHANGE DESCRIPTION/TASK SUMMARY: A. Initiated By: Initiating Department: Contract ID: Date: Project Code: CO #: Agency: APPENDIX A: CHANGE ORDER FORM Proprietary and Confidential 9of 9Page rkStatement of Wo 72 8500-871-Tel: 703 20190 Reston, VA Suite 100 11493 Sunset Hills Road Carahsoft Technology Corp. 3200-659-Tel: 925 94583San Ramon, CA Suite 120 2633 Camino Ramon Accela, Inc. Version 1 01/04/2024 ConfigurationConnector ) EAccela Premium Citizen Experience (PC Rochester MNCity of Statement of Work 11of 1Page rkStatement of Wo Fixed Fee 73 11 .................................................................................................................................................................................. SIGNATURES 9 SSUMPTIONS A ECHNICAL T CCELA A 9 SSUMPTIONS A COPE S ENERAL G 9 ........................................................................................................................ ......................................................... ASSUMPTIONS 9 ISCLAIMERS D 8 XPIRATION E 8 RDERS O HANGE C 8 UM S ONTRACT C 8 XPENSES E 7 ERMS T AYMENT P .OOKMARK NOT DEFINED B !RROR E ELAYS D GENCY A OLD AND H N O UT P ROJECTS P .OOKMARK NOT DEFINED B !RROR E IMELINE T ROJECT P 7 ........................................................................................... .................................................................................. ADMINISTRATION 4 ETAILS D ORK W 4 .................................................................................. ....................................................................................................... SUMMARY 4 ..................................................................................... ........................................................................................... INTRODUCTION 3 ............................................................................................ ........................................................................ DOCUMENT CONTROL TABLE OF CONTENTS 11of 2Page rkStatement of Wo Fixed Fee 74 CreationSOW 1.0 J Fleming 01/04/2024 Change Reference Version Author Date DOCUMENT CONTROL 11of 3Page rkStatement of Wo Fixed Fee 75 Site Administrator training • OpenForms training • OpenCities Help Center 24 x 7 • Content Publisher training • Training & Handover : 2 OpenCities Deliverable Accela Integration training and consultation • consultingBranding and Data Premium Citizen Experience integration • TrainingDesign, Configuration, & :1Accela Deliverable Departmental Portal Page & Theme Light Design Review • Create and review analytics report • Collect asset such as logos and images • Design and Configuration :1OpenCities Deliverable Tasks and OpenCitiesAccela forDeliverables SOW will be executed in conjunction with the Accela Civic Platform SaaS Migration.This and communication. , scheduling, planning, coordinationProject management will be required for Project Management This section details the deliverables that will be performed by Accela Professional Services. WORK DETAILS citizens. to unify and simplify the user experience forPlatform) (i.e. Accela Civic integration between government websites, forms, and transactional online services unique, seamless a delivers constructs of the current Agency website to serve as a Departmental Portal andWe are intent on delivering a webpage that lives within the specific workflows for services. includingwebsite department all areas of your branded for feellook and provides a standard which, OpenCities powered by) E(PC Accela Premium Citizen Experience the the configuration forThis document outlines SUMMARY under this SOW. the CustomerNotwithstanding anything to the contrary, Accela is not assigning or licensing any intellectual property to https://granicus.com/legal/licensing for OpenCities deliverables.for Accela deliverables and by the Granicus Consulting Services Policy found at This SOW is governed by the Accela Consulting Services Policy found at https://www.accela. com/terms/ ided by OpenCities.responsible for any products and/or Services provand/or Services, as set forth in this SOW. Agency acknowledges and agrees that Accela is not liable or Agency has selected OpenCities, Inc., a Delaware limited liability company, to provide certain products (“Customer”). Rochester, MNand Carahsoft Technology Corp. (“Carahsoft)and provided by Accela based professional services (collectively, the “Services”) to be -definition of the project This Statement of Work (“SOW”) dated as of the last date of signature below sets forth the scope and INTRODUCTION 11of 4Page rkStatement of Wo Fixed Fee 76 Enabling the Branding integration • the OpenCities platform content. production configuration to Accela production when they are ready to publish -to move their Accela nonOpenCities. This will empower the Agency to create their migration checklist powered by Citizen Experience to the Agency Accela administration team on how to administer the integration features of the Premium Accela will provide one (1) hour remote training session –Accela Data and Branding Integration Training Training the core components of the Accela Citizen Access integrations features. –Integration Training be made with copies of the necessary scripts. e data integration. Login/Logout settings will Party Data Integrations” and OpenForms settings to allow th. The API keys and URLs will be made in the ACA global settings section, “Third branding and data integrationfor both the two service workflow integrations will be made by the Accela team as a training exerciseintegration. Up to branding“Site Brand Builder” section. Standard choices will be configured as part of the done any global or module settings in ACA. Specifically, the global settings will include configuration of the Configuration will be – onfigurationBranding and Data Integration CAccela Premium Citizen Experience ACCELA –, & TRAINING CONFIGURATION, DESIGNDELIVERABLE 2: creation. outcome will be a Theme under Theme Management. The Agency is responsible for content The instance, content publishing/migration can immediately begin. OpenCities powered by Premium Citizen Experience publishedOnce the designs are skinned onto a – Design Finalization • . itizen engagement and Accela adminsto addressing routine cat the discretion of the City, but is it highly recommended to include those Agency staff responsible Discussion of who should be included in the design review is provide feedback on each iteration. Agency will . of Light design siteration three (3) up toThis will coincide with in the Design meeting. options for the site design and layout based on the assets and intentions shared twopresent up to The OpenCities project team will – Design ReviewLight & Theme Departmental Portal Page • and incorporate findings for each service into a Digital Services Inventory.collection that has been ongoing, and the OpenCities team will assess analytics for the current site Client provides access to existing Google Analytics and any data – Create/Review Analytics Report • images along with any existing style guides. Client works with OpenCities to secure assets such as logos and – Design Values/Asset Collection • for effective site layout and design.while leveraging the best practices the Agencya navigation, look and feel that reflects the spirit and goals of the OpenCities project team and the client will share assets and work to align and deliver deliverableIn this OPENCITIES – DESIGN AND CONFIGURATIONDELIVERABLE 1: 11of 5Page rkStatement of Wo Fixed Fee 77 training materials whenever they are needed. ocumentation and training portal means that everyone can reference “how to” guides and other dthe most recently released features and how to use them. Provide the Agency access to our online houses full documentation with screenshots and reference materials, video training, updates on An introduction to the online OpenCities Help Center, which – OpenCities Help Center 24 x 7 4. built themes, and construct calculations. Up to 15 people per session.-messages, apply prenfirmation drop editor. They’ll learn to set up smart logic on fields, build notifications and co the functions of how to build a beautiful, accessible and functionally rich form using our drag and Staff responsible for creating and editing forms will be trained on –OpenForms Publisher Training 3. are well supported internally. Up to 15 people per session.s product capabilities, we assure that SME’s at the department level eunderstanding or OpenCitiBy training and supporting key staff members to have a deeper –Site Administrator Training 2. foundation for experimentation and mastery. Up to 20 people per remote training session. Detailed below, this training introduces the product and sets the – Content Publisher Training 1. step approach: -that there is comfort with the platform by providing a fourarchitected web pages. We make sure -effectively create and maintain beautiful and wellto the Agencyis designed to be intuitive enough for anyone in OpenCities powered by The Premium Citizen Experience comfort level of the Agency., depending on the status of the situation at that time and the remotelytraining and consultation currently providing allOpenCities is 19 pandemic, -Given the current COVID OPENCITIES – TRAINING & HANDOVERDELIVERABLE 3: Logon/logout setup • Enabling the data integration • forms. 100agency. Up to are the responsibility of the formsand design of those formsCreation of any additional o types to be copied into Agency OpenForms instanceSharing of sample forms for Accela Civic Applications related to the data integration for two record • ages100 pagency. Up to Creation of any additional pages and design of those pages are the responsibility of the o Two services pages per Accela Solution for two Civic Application record types o General/Embed pages for Manage my Records and Search Records o Building –One Landing page per Accela Solution o Import of sample Landing, General/Embed, and Service Pages • workflow integrationspage Service • 11of 6Page rkStatement of Wo Fixed Fee 78 $10,000.00 Collect asset such as logos and images • :1Deliverable Cost Description Deliverables The following lists each deliverable associated with a payment, and its criteria for acceptance. generate an invoice for the corresponding Deliverable payment.will Carahsoftnce Form, After the Agency signs the Deliverable Acceptathe Parties, as stated in this SOW. the time of signing and the assumptions, dependencies and constraints, and roles and responsibilities of Fee price is based on the information available at -set forth in this SOW. The Fixedas other assumptions the (v) and ,requirements, (iii) the Project Schedule, (iv) Accela’s and Customer’s roles and responsibilities outlined, (ii) the expected staffing Billing Milestonesassociated nature and scope of the Services and the (i) based on: . Payments will bepayment basis Billing MilestoneAccela will perform the Services on a PAYMENT TERMS a new Statement of Work at new pricing.that time, Accela can choose to cancel the rest of the Statement of Work. To finish the project will require After the termination period, Accela reserves the right to terminate the contract at the time of the delay.based delay puts the project on hold past -terminate the contract and negotiate new terms. If an Agency, Accela reserves the right to 90 daysbased delay puts the project on hold for more than -If an Agency .change orderare subject to a tangible impact to Accela’s resource plan that have Delays of 2 weeks or more on hold. implementation on hold. The Agency must send a formal written request sent to Accela to put the project It is understood that sometimes Agency priorities are revised requiring the Agency to place the Accela PROJECTS PUT ON HOLD Order delineating the scope. not be used for other work without a Changeroject when Accela has completed the scope or this project will aining on the PAny estimated hours rem continuation. roject, a Change Order may be required prior to project needed to complete the Phours or costs the increaseauthorization of Customer. Should there be changes to the scope, timeline or resources that rvices, after the total estimate has been reached, without the prior and/or (ii) continue to provide Seprior approval of Customer exceed the total estimate amount without the(i) not willAccela Carahsoft and e, this contract will be closed.Upon completion of the work defined abov PROJECT COMPLETION SOW.mutual acceptance and signature of this after days(45) calendar five-forty for the Project isstart date projectede Thmonths. 3roject is estimated to take The p PROJECT TIMELINE ADMINISTRATION 11of 7Page rkStatement of Wo Fixed Fee 79 can be renegotiated. sixty (60) calendar days of the date of this SOW. If the SOW is not executed, the current scope and terms The scope and terms of this SOW must be executed as part of the Professional Services Agreement within EXPIRATION .per hour259.74 defined in the change order. Standard blended rate for Accela resources is $and Agency prior to commencing any activities Carahsoftbe signed by willcost (if any). Any change order ails these changes, and impact to project andhours are required, a change order will be created that detchanges due to changes in timing, roles, responsibilities, assumptions, scope, etc. or if additional support the parties in writing prior to implementation of the Change Order. If Accela’s effort will be agreed to byparties agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order continue performing the Professional Services in accordance with the SOW until the Order. Accela willin the delivery schedule that will result from the proposed change in the Professional Services Change anticipated changes an estimate of the charges and the the Agencysubmit to will through Carahsoft Accelamust submit a written request to Accela specifying the proposed changes in detail. the Agency below,and subject to the Disclaimers In order to make a change to the scope of Professional Services in this SOW, CHANGE ORDERS .Projecta halt in work on the of delivery to avoid business days (3) rders will need to be approved within threeO. Change Carahsoftcontained herein. Any change order will need to be approved by both Agency and or additional hours in support of the scope and deliverables f/hr. 9.745rder at a rate of $2Change Oproduce a will Carahsoftin material effort to Accela in excess of the hours provided for in this document, of Agency, and should this slippage result or inactions actionsshould completion of milestones slip due to roject milestones. However, ed on the timely completion of PThe estimated fees for this SOW are predicat .40,779.22$mentioned fees is -The total amount payable under this SOW, as calculated for the above CONTRACT SUM is signed prior to travel commencing to cover the cost of the travel.expense terms and conditions, conducted unless a Change Order, inclusive of travel onsite resources. Travel to the Agency will not be does not need any the Agencybecause SOWThere is no provision for travel expenses or travel time in this EXPENSES $10,000.00 Site Administrator training • OpenForms training • OpenCities Help Center 24 x 7 • Content Publisher training • Training & Handover : 3 Deliverable $20,779.22 Accela Integration training and consultation • integration consultingExperience Branding and Data Premium Citizen • TrainingDesign, Configuration, & :2Deliverable Review Departmental Portal Page & Theme Light Design • Create and review analytics report • Design and Configuration 11of 8Page rkStatement of Wo Fixed Fee 80 be applied to their solution. before the Premium Citizen Experience can be deployed to Accela SaaS The Customer will have to • ACCELA TECHNICAL ASSUMPTIONS structureof website Information Architecture • Content migration • party applications rd to other 3 Interface Development • Custom Application Development • Data Conversions • Support ticket or Case Management • Online payments • Reporting • Configuration of pageflows • groups/typesConfiguration of document • Configuration of custom fields and custom lists • EMSE, batch, or pageflow –Scripting • NOT IN SCOPE statement of work.the SOW is not executed at the same time, Accela reserves the right to renegotiate terms of this statement of work. If This statement of work will be executed in conjunction with the Accela SaaS • Development of custom training materials are not in scope of Accela Services. • Development of test scripts are not in scope of Accela Services. • Any coding or integrations not specifically described in this document are not in scope. • ASSUMPTIONS ENERAL SCOPEG ASSUMPTIONS of work for the additional services will be drawn up and agreed between the parties. uch instance, a separate proposal and statement scope services. In s-of-organization to complete the out onboarding services, Accela may request that Agency separately engages Accela’s Professional Services In the event Agency requires significant work beyond the scope of the included configuration and of implemented scripts, reports, interfaces and adaptors. Accela and Agency, does not extend outside the Supported Modifications or to any Agency manipulation ween in respect of its Services, Products, and maintenance and support, as set out the agreement bet cela’s obligations and warranties maintained by Accela will be considered a “Supported Modification”. Ac supported by Accela via APIs, does not require direct database changes and is capable of being tested and . Any configuration of or modification to the Product that can be consistently Consulting Services Policy except as set out in the Services described in this SOWAccela makes no warranties in respect of its DISCLAIMERS 11of 9Page rkStatement of Wo Fixed Fee 81 .There is no content migration from the previous website, CMS, or forms product(s) • The implementation is done remotely. • . OpenCities powered by Premium Citizen Experience Accela replaced with the those will be , If an Agency has a custom wrapper or is using Brand Builder • .Agency is live with Accela Citizen Access and is taking application submittals • k.change order may be needed to cover delays in project worDate. In the event third party software is not available and provisioned by Project Start Date, a party software prior to the Project Start -Agency will select/purchase/acquire the appropriate third • Experience can be applied to their solution. The Customer will have to have their OpenCities theme published before the Premium Citizen • 11of 10Page rkStatement of Wo Fixed Fee 82 Date Title Type or Print -Name Authorized Signature Granicus Date Date Title Title Type or Print -Name Type or Print -Name Authorized Signature Authorized Signature Rochester, MNCity of Carahsoft signature. If undated by Agency, the effective date will be as of the Accela signature hereto. and Agency and made effective upon the date of last CarahsoftThis Statement of Work is agreed to by SIGNATURES 11of 11Page rkStatement of Wo Fixed Fee 83 8500-871-Tel: 703 20190 Reston, VA Suite 100 11493 Sunset Hills Road Carahsoft Technology Corp. 3200-659-Tel: 925 San Ramon, CA 94583 Suite 120 2633 Camino Ramon Accela, Inc. Version 1.0 1/22/2024 Rochester, MN Statement of Work Proprietary and Confidential 9of 1Page rkStatement of WoTime and Materials 84 ERROR! BOOKMARK NOT DEFINED. ........................................................................................ SIGNATURE AND ACCEPTANCE ERROR! BOOKMARK NOT DEFINED. ...................... .................................................................. CHANGE ORDER –APPENDIX A 8 ........................................................................................................ ............................................................................ SIGNATURES 6 ............................................................................................................. ...........................................................................ISCLAIMERS D 6 ............................................................................................................. ......................................................................... EXPIRATION 6 ................................................................................................................ ............................................................ ORDERS CHANGE 6 .......................................................................................................................... ................................................... ADMINISTRATION 6 .................................................................................................................................. ..................................................UM S ONTRACT C 6 .................................................................................................................................... .................................................... EXPENSES 6 ....................................................................................................................................... ............................... SCHEDULE PAYMENT 6 .................................................................................................................................................... ......................... PAYMENT TERMS 5 ............................................................................................................................................................. .. HOLD ON PUT PROJECTS 5 .......................................................................................................................................................................... OMPLETION C ROJECT P 5 ......................................................................................................................................................................... TIMELINE PROJECT 5 .................................................................................................................................................. SSUMPTIONS A PROJECT GENERAL 5 ............................................................................................................................................................... PROJECT ASSUMPTIONS 5 ................................................................................................................................................................................. OUT OF SCOPE 4 ............................................................................................................................................................................. ESCRIPTION D ORK W 4 ...................................................................................................................................................................... SCOPE OF SERVICES 4 .................................................................................................................................................................................. .......... VERVIEW O 4 ................................................................................................................................................................................ INTRODUCTION 3 .................................................................................................................................................................... DOCUMENT CONTROL 2 ..................................................................................................................................................................... TABLE OF CONTENTS TABLE OF CONTENTS Proprietary and Confidential 9of 2Page rkStatement of WoTime and Materials 85 Initial SOW 1.0 J Fleming 1/3/2024 Change Reference Version Author Date DOCUMENT CONTROL Proprietary and Confidential 9of 3Page rkStatement of WoTime and Materials 86 Assistance with tracking and mapping all permits by neighborhood and council district - Assistance with GIS Dynamic Themes - Assistance with implementation of Accela Insights - include but are not limited to the following: . Tasks mayprovide services for the following tasksAccela will management hours will be deducted from the total hours contracted.and communication. Project ,, coordinationProject management will be required for scheduling, planning Project Management are made that specific tasks will be completed in the hours identified. for various Accela related tasks. No guarantees basisAccela will provide services on a time and materials WORK DESCRIPTION Accela Insights • Accela GIS • The following Accela products are in scope for this Project: Products Dynamic Themes • applicationsAnalytics and Reporting to support tracking Data • Assistance with Accela GIS • Assistance with Accela Insights • the following tasks:Agency Counter functionality, including The Accela Professional Services team will provide support to Rochester, MN, to help replace the current SCOPE OF SERVICES under this SOW. the Agency otwithstanding anything to the contrary, Accela is not assigning or licensing any intellectual property to N based engagement. MaterialsTime and This statement of work represents a (“Agreement”). www.accela.com/terms/ atThis Statement of Work is issued pursuant to and governed by the applicable Consulting Services Policy (“Customer”).Rochester, MN its affiliates and/or agents (“Accela”) to Corp. (“Carahsoft”)and Carahsoft Technology (collectively, the “Services”) to be provided by Accela, Inc professional services based -sets forth the scope and definition of the project 01/03/2024 Work (“SOW”) dated This Statement of OVERVIEW INTRODUCTION Proprietary and Confidential 9of 4Page rkStatement of WoTime and Materials 87 After the termination period, Accela reserves the right to terminate the contract at the time of the delay.the project on hold past based delay puts -terminate the contract and negotiate new terms. If an Agency, Accela reserves the right to 90 daysbased delay puts the project on hold for more than -If an Agency .change orderare subject to a tangible impact to Accela’s resource plan that have Delays of 2 weeks or more on hold. put the project toimplementation on hold. The Agency must send a formal written request sent to Accela It is understood that sometimes Agency priorities are revised requiring the Agency to place the Accela PROJECTS PUT ON HOLD Order delineating the scope. not be used for other work without a Changeor this project will scope,roject when Accela has completed the aining on the PAny estimated hours rem roject, a Change Order may be required prior to project continuation. needed to complete the Pthe hours or costs increaseCustomer. Should there be changes to the scope, timeline or resources that rvices, after the total estimate has been reached, without the prior authorization of continue to provide Seprior approval of Customer and/or (ii) exceed the total estimate amount without the(i) not willAccela closed.e, this contract will be Upon completion of the work defined abov PROJECT COMPLETION SOW.mutual acceptance and signature of this after days(45) calendar five-forty for the Project isstart date projectede Thweeks. 12roject is estimated to take The p PROJECT TIMELINE party system. rd version of the 3system for interface development. All interfaces will be developed against 1 (one), agreed upon party rd Agency will ensure that Accela resources have access to a Dev or Test version of the 3 • nge Order.Such a delay will result in a Cha access in a timely fashion will result in a project delay.Failure to provide this through industry standard tools such as Virtual Private Network (VPN).This access must be provided remote installation and testing. for the Agency’s internal network provide the necessary tools, accounts, and permissions that will enable Accela to access willAgency • Agency GIS to support the implementation. Agency will provide GIS layers and support from • GENERAL PROJECT ASSUMPTIONS PROJECT ASSUMPTIONS Coding not specifically described in this document is the responsibility of Agency. • Integration • nData conversio • OUT OF SCOPE Implementation MethodologyThis engagement will not follow the Accela Project - Assistance with Ad Hoc reporting to support data analytics - Proprietary and Confidential 9of 5Page rkStatement of WoTime and Materials 88 nges and is capable of being tested and maintained Accela via APIs, does not require direct database chaAgreement. Any configuration of or modification to the Product that can be consistently supported by Accela makes no warranties in respect of the Services described in this SOW except as set out in the DISCLAIMERS renegotiated. the current scope and terms can be ,is not executed SOWdays of the date of this SOW. If the The scope and terms of this SOW must be executed as part of the Agreement within sixty (60) calendar EXPIRATION per hour. 9.7425change order. Standard blended rate for Accela resources is $mencing any activities defined in the Any change order will be signed by Accela and Agency prior to comrequired, a change order will be created that details these changes, and impact to project and cost (if any). , responsibilities, assumptions, scope, etc. or if additional support hours are due to changes in timing, roles agreed to by the parties in writing prior to implementation of the Change Order. If Accela’s effort changes agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order will be e parties ance with the SOW until thAccela will continue performing the Professional Services in accorddelivery schedule that will result from the proposed change in the Professional Services Change Order. will submit to Agency an estimate of the charges and the anticipated changes in the through Carahsoft below, Agency must submit a written request to Accela specifying the proposed changes in detail. AccelaIn order to make a change to the scope of Professional Services in this SOW, and subject to the Disclaimers CHANGE ORDERS ADMINISTRATION constraints, and roles and responsibilities of the Parties, as stated in this SOW.is based on the information available at time of signing and the assumptions, dependencies and This estimated price $51,948.00is mentioned fees,-, as calculated from the abovepayable under this SOWThe total estimated amount per hour. 59.742$ isate . The Hourly Rhours 200The project is expected to take CONTRACT SUM is signed prior to travel commencing to cover the cost of the travel.expense terms and conditions, conducted unless a Change Order, inclusive of travel onsite resources. Travel to the Agency will not be because Agency does not need any SOWThere is no provision for travel expenses or travel time in this EXPENSES Invoices are due net 30 of the invoice date. • monthly.Invoices will be sent for hours worked • PAYMENT SCHEDULE PAYMENT TERMS a new Statement of Work at new pricing.that time, Accela can choose to cancel the rest of the Statement of Work. To finish the project will require Proprietary and Confidential 9of 6Page rkStatement of WoTime and Materials 89 upon Deliverables.-termination or suspension, the parties will work together in finalizing agreeduch suspend or terminate this SOW and/or any Change Order issued hereunder. In the event of any s outside the Supported Modifications, Accela may, upon no less than thirty (30) days’ notice to Agency, d by the Parties under this SOW and/or (b) is significantly nature or scope of Services as initially contemplateone or more Change Orders) which Accela reasonably determines (a) is a material modification of the In the event Agency requires significant changes to this SOW (including cumulative revisions across any scripts, reports, interfaces and adaptors. cations or to any Agency manipulation of implemented does not extend outside the Supported Modifiits Services, Products, and maintenance and support, as set out the agreement between Accela and Agency, by Accela will be considered a “Supported Modification”. Accela’s obligations and warranties in respect of Proprietary and Confidential 9of 7Page rkStatement of WoTime and Materials 90 Date Date Title Title Type or Print -Name Type or Print -Name Authorized Signature SignatureAuthorized Rochester, MN Carahsoft signature hereto. Carahsoftundated by Agency, the effective date will be as of the This Statement of Work is agreed to by the parties and made effective upon the date of last signature. If SIGNATURES Proprietary and Confidential 9of 8Page rkStatement of WoTime and Materials 91 Proprietary and Confidential 9of 9Page rkStatement of WoTime and Materials M 92.eludehcs?evissergga?na?teem?ot?ytiliba?dna?,maet?,ecneirepxe?tnaveler?fo?srotcaf?rehto?eht?oteud?detceles?eb?dib?tsewol?eht?eriuqer?ton?od?tnemeerga?ecivres?lanoisseforP?.eef?dna?,eludehcs?teem? otytiliba?,hcaorppa?tcejorp?,maet?tcejorp?desoporp?eht?fo?htgnerts?,retneC?civiC?oyaM?eht?ni?htiw?ecneirepxerieht?no?desab?detceles?saw?ynapmoC?noitcurtsnoC?nosrednA?suarK?.deweivretni?erew?smrif?hto bdna?slasoporp?timbus?ot?detivni?erew?stcejorp?1?esahP?TEBD?eht?no?gnikrow?ecneirepxe?htiw?smrif?owT?.sgniward?tnempoleved?ngised?fonoitaraperp?retfa?)PMG(?ecirP?mumixaM?deetnarauG?a?htiw?9603?.oN?PI C?-?tcejorP?noitacoleR?yrtseroF?&skraP?eht?reviled?dna?tuo-esolc?noitcurtsnoc?ot?ngised?morf?tcejorp?eht?eesrevo?ot?secivres?lanoisseforp)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?rof?)PFR(?slasoporP?rof?ts euqeR?dna?)QFR(?snoitacifilauQrof?tseuqeR?a?ot?sesnopser?fo?noitaticilos?eht?dezirohtuA?licnuoC?ytiC?eht?,4202?,4?hcraM?nO?.noilliM?9.22$?fo?tegdub?a?htiw?,4202?,8?yraunaJno?licnuoC?ytiC?eht?yb?devor ppa?saw?2?esahP?,)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?ehT?.ytiC?eht?rof?noitaredisnoc?ycilop?erutuf?a?eb?lliw?seicilop?detaicossadna?sNET?rof?ledom?lanoitarepo?dna?noitaerc?eht?gnitroppuS?.ygre ne?etsaw?esuer?ot?ytiliba?eht?dnasecruos?ygrene?elbawener?htiw?seitilicaf?etavirp?dna?cilbup?evres?ot?)sNET(?skrowteN?ygrenE?lamrehTerutuf?laitnetop?a?ot?tcennoc?ot?seitilicaf?s'ytiC?eht?snoitisop?si hT?.ygrene?elbawener?ot?seitilicaf?yrarbiLdna?,ertaehT?civiC?retsehcoR?,retneC?trA?retsehcoR?,retneC?civiC?oyaM?eht?fo?noisrevnoc?eht?edulcniot?tcejorp?TEBD?eht?fo?epocs?eht?esaercni?ot?noisiced?eht? edam?licnuoC?ytiC?eht?,3202?,7?tsuguA?nO:evitarraN?tropeR?7301J?.oN?tcejorP?-?2?esahP?)TEBD(noitisnarT?ygrenE?gnidliuB?nwotnwoD?eht?rof?secivres?tnemeganam?noitcurtsnoc?rof?eef?tiforp/daehrevodna?,gn iffats?noitcurtsnoc?,noitcurtsnoc-erp?rof?947,286$?fo?tnuoma?eht?ni?ynapmoC?noitcurtsnoCnosrednA?suarK?htiw?tcartnoc?secivres?lanoisseforp?)RAMC(?ksiR?ta?reganaM?noitcurtsnoC?a?gnizirohtuA:detseuqeR? noitcA???9.F?7301J?.oN?tcejorP?-?2?esahP?)TEBD(noitisnarT?ygrenE?gnidliuB?nwotnwoD?,)RAMC(ksiR?ta?reganaM?noitcurtsnoC?:drawA?tcartnoC NOITCA?ROF?TSEUQER yesmaR?tocS:RETNESERPadnegA?tnesnoC:NOITCES?A DNEGAnoitartsinimdA?ytiC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE ?93 7301J?.oN?tcejorP?-2?esahP?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?-?reganaMnoitcurtsnoC?dna?renwO?neewteB?tnemeergA?fo?mroF?dradnatS?;9102?-?331A?tnemucoD-?B?tibihxE?Â7301J?.oN?tcejorP?-?2?es ahP?)TEBD(?noitisnarT?ygrenE?gnidliuBnwotnwoD?-?noitcurtsnoC?rof?tcartnoC?eht?fo?snoitidnoC?lareneG?;7102?-?102A?tnemucoD?-?A?tibihxE:stnemhcattA yesmaR?tocS:yB?deraperP.emit?siht?ta?detseggus?snoitc a?evitanretla?oN:)s(noitcA?evitanretlA???????????????????000,009,22$??????????????????????????????????????????????????????????????000,003,6$??????????????????????????stiderC?xaT?laredeF?ARI000,000,2$ ??????????????????????????????????????????tnarG?laredeFgnidnepS?detceriD?yllanoissergnoC000,002,3$?????????????????????????????????)2?esahP(?PIC?CMD000,004,11$????????????????)1?esahP(?ecnaussI?dnoB? ytiC:tcapmI?ecruoseR?&?lacsiF lavorppA?tegduB?2?esahP?TEBD?-?gniteeM?licnuoC?:4202?,8?yraunaJrotarepO?rof?QFR?&?drawA?tcartnoC?ngiseD?2?esahP?,TEBD?-?noisseS?ydutS?licnuoC?:3202?,7?tsuguA.devorppA?dr awA?stcartnoC?noitisnarT?maetS?TRA/?CCM?-?gniteeM?licnuoC?:3202?,9?yraunaJ.devorppA?drawA?stcartnoC?noitisnarT?maetS?yrarbiL?-?gniteeM?licnuoC?:2202?,3?rebotcO.devorppA?drawA?tcartnoC?slortnoC?noitam otuA?gnidliuB?yrarbiL?-?gniteeM?licnuoC?:2202?,02?enuJ.noilliM?6.51$?rof?)TEBD(?noitisnarT?ygrenE?gnidliuB?nwotnwoD?-?gniteeM?licnuoC?:2202?,6?enuJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.sl aognoitapicitrap?ecrofkrow?dna?noitazilitu?ssenisub?detegrat?s'ytiC?eht?wollof?lliw?tcejorP?2?esahP?TEBD?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEytilibaniatsuS?&?y tilibisnopseR?lacsiF:selpicnirP?lanoitadnuoF?&?seitiroirP.gniddib?fo?noitelpmoc?retfa?lavorppa?rof?licnuoC?ytiC?ot?dettimbus?eb?lliw?)PMG(ecirP?mumixaM?deetnarauG?RAMC?ehT??.maet?lagel?lanretni?retse hcoR?fo?ytiC?eht?dna?lusnoc?lagellanretxe?yb?deweiver?neeb?sah?ssecorp?dna?stcartnoc?RAMC?ehT?.gniludehcs?dna?stsoc?eganam?plehot?segats?ylrae?eht?morf?devlovni?si?dna?tcejorp?eht?rof?ksir?eht?no?sek at?reganam?noitcurtsnoc?eht?tahtsnaem?sihT?.erutalsigel?atosenniM?3202?eht?yb?deifiralc?saw?hcihw?,364.174?etutats?etats?eht?yb?dewollasa?,tcejorp?siht?rof?ledom?yreviled?)RAMC(?ksiR?ta?reganaM?noitc urtsnoC?eht?gnizilitu?si?tcejorp?sihT E 94 ksiR?ta?reganaM?noitcurtsnoC?-?364.174?.ceS?setutatS?etatS?atosenniM?-?C?tibihx 95 MISCELLANEOUS PROVISIONS 13 UNCOVERING AND CORRECTION OF WORK 12 INSURANCE AND BONDS 11 PROTECTION OF PERSONS AND PROPERTY 10 PAYMENTS AND COMPLETION 9 TIME 8 CHANGES IN THE WORK 7 OWNER OR BY SEPARATE CONTRACTORSCONSTRUCTION BY 6 SUBCONTRACTORS 5 ARCHITECT 4 CONTRACTOR 3 OWNER 2 GENERAL PROVISIONS 1 ARTICLES OF TABLE « » « »« » (Name, legal status and address) THE ARCHITECT: « » »« » 2900-328-507 «Rochester, MN 55904 » «201 4th Street SE » » City of Rochester « (Name, legal status and address) THE OWNER: 7103J. oNroject P – hase 2P DBET)(tion ransinergy TEuilding Bwntown oD« » » (CIP #3069) City of Rochester Parks and Forestry Relocation Project« (Name and location or address) for the following PROJECT: this document.as set forth in the footer of violation of copyright laws constitutes a prohibited andto another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING Conditions.Guide for Supplementary see AIA Document A503™, lementary conditions, this document to include For guidance in modifying or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentstime use only, and may only be used in accordance with -is licensed for one sale,on 04/02/2025, is not for reNo.2114515846 which expires This draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.tute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract “The American Insti All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – AIA Document A201 General Conditions of the Contract for Construction 2017 – ®Document A201 ®AIA 96 CLAIMS AND DISPUTES 15 THE CONTRACTTERMINATION OR SUSPENSION OF 14 2 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 97 9.8.3, 9.8.4, 9.8.5 Certificate of Substantial Completion 1.3 Capitalization 3.7.1 Building Permit 1.8 Models Use and RelianceBuilding Information 11.511.1.3, , 11.1.27.3.4.4, 9.6.7, 9.10.3, Bonds, Performance, and Payment 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Lien 15.4.115.3.3, 15.2.6.1, 15.3.1, 15.3.2, 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, te ResolutionBinding Dispu 1.1.1 Bidding Requirements 1.1 Basic Definitions 5.2 Portions of the WorkAward of Subcontracts and Other Contracts for 6.1.1, 6.1.2 Award of Separate Contracts 3.18.1, 9.6.8, 9.10.2, 10.3.3 Attorneys’ Fees 10.3.1 Asbestos 9.9.2, 9.10.1, 13.43.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, Architect’s Site Visits 9.4.2, 9.5.1, 9.10.1 Architect’s Representations 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Relationship with Subcontractors , 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.23.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, Architect’s Relationship with Contractor 4.2.10 t’s Project Representative Architec 4.2.11, 4.2.12 Architect’s Interpretations 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Instructions 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Inspections 13.4.2, 15.27.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 7.3.4,3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, Architect’s Decisions 1.1.7, 1.5 Architect’s Copyright 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Authority to Reject Work 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Approvals 4, 15.2, 9.4.1, 9.53.1.3, 3.7. Architect’s Administration of the Contract 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Additional Services and Expenses 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.24.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 2.1.1, 3.12.4, 3.12.8, ResponsibilityArchitect, Limitations of Authority and 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.19.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, AuthorityArchitect, Extent of 4.1.1 , Definition ofArchitect 4 ARCHITECT 15.48.3.1, 15.3.2, Arbitration 3.12.10.1, 4.2.7, 9.3.2, 13.4.12.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, Approvals , 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.109.3.2.5, 7.3.9, 9.2, 4 Applications for Payment 3.8 Allowances 4.2.13 Aesthetic Effect 1.1.1 Advertisement or Invitation to Bid , 9.4, 9.54.23.1.3, Administration of the Contract 15.1.63.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, Additional Time, Claims for 13.49.4.2, 9.8.3, 12.2.1, Additional Inspections and Testing 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Costs, Claims for 1.1.1 Addenda 10.2.8, 13.3.2, 14.1, 15.1.2, 15.23.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, Acts and Omissions 10 Accident Prevention 12.1, 6.2.1, 3.16 Access to Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Acceptance of Work 12.39.6.6, 9.9.3, Acceptance of Nonconforming Work headings.) (Topics and numbers in bold are Section INDEX 3 (1681088820) User Notes: .mail docinfo@aiacontract s.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 98 , 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.23.10 Scheduless Construction and Submittal Contractor’ 3.1, 6.1.2 , Definition ofContractor 3 CONTRACTOR 8.1.1 , Definition ofContract Time 15.1.6.1, 15.2.515.1.4.2, 14.3.2, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 2.3, 6.1.5, 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5. Contract Time 9.1 , Definition ofContract Sum 15.1.5, 15.2.515.1.4.2, 12.3, 14.2.4, 14.3.2, , 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 9.12.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, Contract Sum 1.1.1 , Definition ofContract Documents 1.5.2, 2.3.6, 5.3 Contract Documents, Copies Furnished and Use of 3.7.1, 3.10, 5.2, 6.1 toContract Award and Execution, Conditions Relating , 4, 9.4, 9.53.1.3 Contract Administration 5.4.1.1, 5.4.2, 11.5, SUSPENSION OF THECONTRACT, TERMINATION OR 1.1.2 , Definition ofContract 15.1.4 Continuing Contract Performance , 14.2.2.25.4 Contingent Assignment of Subcontracts 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.23.10, Construction Schedules, Contractor’s , 9.3.1.17.31.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, Construction Change Directives 7.3.1 , Definition ofConstruction Change Directive 61.1.4, SEPARATE CONTRACTORSCONSTRUCTION BY OWNER OR BY 15.4.4 Consolidation or Joinder 15.4.4.23.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, Consent, Written 1.1.1, 6.1.1, 6.1.4 Conditions of the Contract 3.7.4, 4.2.8, 8.3.1, 10.3 Concealed or Unknown Conditions 15.2.8, 15.4.2, 15.4.32.1.3, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, Compliance with Laws 9.10.3, 12.2, 15.1.23.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, Completion, Substantial 9 COMPLETION, PAYMENTS AND , 15.1.29.10, 12.2, 14.1.23.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, Completion, Conditions Relating to 4.2.43.9.1, Communications 8.1.2 , Definition ofCommencement of the Work 15.1.56.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 1, 3.12.6, 5.2.1, 5.2.3, 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10. Commencement of the Work, Conditions Relating to , 6.33.15 Cleaning Up 15.4.1 Claims Subject to Arbitration 11.3.2, 14.2.4, 15.1.710.3.3, 11.3, 10.2.5, 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, Claims for Damages 3.7.4 Claims forConcealed or Unknown Conditions, 15.1.63.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, Claims for Additional Time 15.1.510.3.2, 10.2.5, 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, Claims for Additional Cost 15.4.1 Claims and Timely Assertion of Claims 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, CLAIMS AND DISPUTES 1.6.2, 15.1.3 Claims, Notice of 15.1.1 , Definition ofClaims 11.5, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 72.2.2, 3.11, 4.2.8, CHANGES IN THE WORK 7.2.1 , Definition ofChange Orders .29.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 7.27.1.2, 7.1.3, 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, Change Orders 9.10.2 Certificates of Insurance 13.4.4 Certificates of Inspection, Testing or Approval 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.44.2.1, 4.2.5, 4.2.9, 9.3.3, Certificates for Payment 4 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 99 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.43.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, .1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 1 Execution and Progress of the Work 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.24.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, Equipment, Labor, or Materials 10.3.3, 11.3, 14.1, 14.2.1.1 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Employees, Contractor’s 15.1.5, 14.1.1.2, 10.4 Emergencies 8.2.2 Effective Date of Insurance 3.11 Drawings and Specifications, Use and Ownership of 1.1.5 , Definition ofDrawings 3.11 Samples at the SiteDocuments and 6.3, 7.3.9, 15.1, 15.2 Disputes 1.7 Digital Data Use and Transmission , 15.2.515.1.6, 14.3.2, 10.410.3.2, , 9.7, 9.5.1, 8.3, 7.4, 5.2.3, 7.2.1, 7.3.1, 3.7.4, 3.2 Delays and Extensions of Time 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.15.1, 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, Definitions 9.10.4, 12.2.12.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, Rejection and Correction ofDefective or Nonconforming Work, Acceptance, , 9.7, 14.1.1.39.59.4.1, d CertificationDecisions to Withhol 14.2.2, 14.2.4, 15.1, 15.27.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, Decisions of the Architect 8.1.4 , Definition ofDay 8.1.3 , Definition oftantial CompletionDate of Subs 8.1.2 , Definition ofDate of Commencement of the Work 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Damages for Delay 11.3, 14.2.4, 15.1.73.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, Damages, Claims for 10.2.1.2, 10.2.5, 10.4, 12.2.43.14.2, 9.9.1, Damage to the Work 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 ContractorsDamage to Construction of Owner or Separate 6.2.5 ,3.14 Cutting and Patching 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 147.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 7.3.3.3, 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, Costs 7.3.4 , Definition ofCost 1.2 Correlation and Intent of the Contract Documents 15.1.3.1, 15.1.3.2, 15.2.1, 12.3, 12.22.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, Correction of Work 3.171.5, Copyrights 1.5, 2.3.6, 3.11 Copies Furnished of Drawings and Specifications 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Coordination and Correlation 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.42, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 1.2. Procedures Contractor’s Supervision and Construction 3.9, 10.2.6 Contractor’s Superintendent 9.8.3, 9.9.1, 9.10.2, 9.10.33.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, Contractor’s Submittals 14.1 Contractor’s Right to Terminate the Contract 2.2.2, 9.7 Contractor’s Right to Stop the Work Contractor’s Review of Contract Documents 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Work Contractor’s Responsibility for Those Performing the 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 ns Contractor’s Representatio 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.16.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, ith the Architect Contractor’s Relationship w 9.6.7, 9.10.2, 11.2, 11.3, 11.41.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, Contractor’s Relationship with Subcontractors 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 and Owner’s Forces Relationship with Separate Contractors Contractor’s 11.1 Contractor’s Liability Insurance 10.2, 10.3, 11.3, 14.1, 14.2.1.12.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, Contractor’s Employees 5 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 100 15.4.1.1, 15.4.1, 15.38.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, Mediation 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.82.1.2, Mechanic’s Lien 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Procedures of ConstructionMeans, Methods, Techniques, Sequences and 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.25.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 1.1.3, 1.1.6, 3.4.1, Materials, Labor, Equipment and 10.310.2.4, Materials, Hazardous 15.1.2, 15.1.3, 15.1.59.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 11, 3.12.5, 3.15.1, 4.2.7, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3. Limitations of Time 11.3, 12.2.5, 13.3.14.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, Limitations of Liability 12.2.5, 15.1.2, 15.4.1.1 itations, Statutes of 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Liens 15.49.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, Laws and Regulations 8.3.1 Labor Disputes 10.2.4, 14.2.1.1, 14.2.1.210.2.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2,, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 3.41.1.3, 1.1.6, Labor and Materials, Equipment 15.4.2 Judgment on Final Award 4.2.11, 4.2.12 Interpretations, Written , 4.1.1, 5.1, 6.1.2, 15.1.11.41.1.8, 1.2.3, Interpretation 13.5 Interest 1.2.1, 4.2.7, 4.2.12, 4.2.13 Intent of the Contract Documents 11.5 Insured loss, Adjustment and Settlement of 9.9.1 Insurance Companies, Consent to Partial Occupancy INSURANCE AND BONDS 9.3.2 Insurance, Stored Materials , 11.2, 11.4, 11.510.2.5 Insurance, Property 11.2 Insurance, Owner’s Liability 8.2.2, 14.4.2 Insurance, Effective Date of 11.1 Insurance, Contractor’s Liability 11.1.4, 11.2.3 Insurance, Notice of Cancellation or Expiration .8.4, 9.9.1, 9.10.2, 10.2.5, 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9 Insurance 1.1.7 , Definition ofInstruments of Service 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instructions to the Contractor 1.1.1 Instructions to Bidders 9.9.2, 9.10.1, 12.2.1, 13.44.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 3.1.3, 3.3.3, 3.7.1, Inspections , 10.410.2.8 Injury or Damage to Person or Property , 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5.214.2.4, 15.1.4 Initial Decision Maker, Extent of Authority , 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5.214.2.4, 15.1.4 DecisionsInitial Decision Maker, 1.1.8 Initial Decision Maker, Definition of 15.2 Initial Decision 14.1.1.4, 14.1.4, 15.1.49.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, , 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Services Required of the OwnerInformation and , 9.6.8, 9.10.2, 10.3.3, 11.33.183.17, Indemnification 5.2.1 Identification of Subcontractors and Suppliers 10.310.2.4, Hazardous Materials and Substances Guarantees (See Warranty) 13.1 Governing Law 1 GENERAL PROVISIONS 13.2.2, 14.1.1.42.2.1, Financial Arrangements, Owner’s , 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, 9.8.2, Final Completion and Final Payment (See Defective or Nonconforming Work) Faulty Work , 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.79.5.1.3, Failure of Payment 15.2.53, 15.1.6, 10.4, 14.3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, Extensions of Time 6 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 101 , 4.2.73.123.11, Product Data and Samples, Shop Drawings 3.12.2 , Definition ofProduct Data 10.3.1 Polychlorinated Biphenyl TY, PROTECTION PERSONS AND PROPER , 3.13, 7.3.4.4, 10.2.23.72.3.1, Permits, Fees, Notices and Compliance with Laws 11.1.27.3.4.4, 9.6.7, 9.10.3, Performance Bond and Payment Bond 10.3.1 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 Payments to Subcontractors 9 PAYMENTS AND COMPLETION , 9.8.5, 9.10.3, 14.2.3, 15.1.49.69.3, Payments, Progress 11.1.27.3.4.4, 9.6.7, 9.10.3, Payment Bond, Performance Bond and , 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, Payment, Final , 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.71.3, 9.5. Payment, Failure of 9.10.3, 14.1.1.3, 14.2.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.44.2.5, 4.2.9, 9.3.3, Payment, Certificates for 14.2.3, 14.2.4, 14.4.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 9.34.2.5, 7.3.9, 9.2, Payment, Applications for 3.17 Patents , 6.2.53.14 Patching, Cutting and 9.99.6.6, Partial Occupancy or Use , 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 1.51.1.1, 1.1.6, 1.1.7, and Other Instruments of ServiceOwnership and Use of Drawings, Specifications 14.2, 14.4 Right to Terminate the Contract Owner’s 14.3 Owner’s Right to Suspend the Work 2.4 Owner’s Right to Stop the Work 6.1 Award Separate Contracts Owner’s Right to Perform Construction and to 6.3 Owner’s Right to Clean Up , 14.2.22.5 Owner’s Right to Carry Out the Work 9.6.4, 9.10.2, 14.2.21.1.2, 5.2, 5.3, 5.4, Owner’s Relationship with Subcontractors 11.2 Owner’s Insurance 15.2.710.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 4.1.2, 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, Owner’s Authority 13.4.2, 14.1.1.4, 14.1.4, 15.1.49.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, , 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Services Required of theOwner, Information and , 13.2.2, 14.1.1.42.2 Owner, Evidence of Financial Arrangements 2.1.1 , Definition ofOwner 2 OWNER 14.3.11.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, Orders, Written 2.3.1, 9.6.6, 9.8 Occupancy 3.2, 3.7.4 Contractor’s Observations, 13.4.1, 13.4.2 Notice of Testing and Inspections 15.1.6, 15.2.8, 15.3.2, 15.4.1, 15.1.5, 15.1.31.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, Notice of Claims 11.1.4, 11.2.3 Notice of Cancellation or Expiration of Insurance 15.1.6, 15.4.1.3, 15.1.5, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.18.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, , 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 1.6 Notice 12.25.1, 9.8.2, 9.9.3, 9.10.4, 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9. Nonconforming Work, Rejection and Correction of 12.39.6.6, 9.9.3, Nonconforming Work, Acceptance of 6.2 Mutual Responsibility 10.3.23.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 2.5, 1.1.1, 1.1.2, Modifications to the Contract 1.1.1 , Definition ofModifications MISCELLANEOUS PROVISIONS 7.41.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, Minor Changes in the Work 7 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 102 2.3.3 Substitution of Architect 5.2.3, 5.2.4 Substitution of Subcontractors 9.8.1 , Definition ofCompletionSubstantial 12.2, 15.1.2, 9.9.1, 9.10.3, 9.84.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, Substantial Completion 10.3 Substances, Hazardous 11.36.1.1, Subrogation, Waivers of 3.10.2, 3.12.5, 4.2.7 Submittal Schedule 9.8, 9.9.1, 9.10.2, 9.10.37.3.4, 9.2, 9.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, Submittals , 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.15.3 Subcontractual Relations 9.3.1.2, 9.6.71.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, Subcontractors, Work by 5 SUBCONTRACTORS 5.1.1 inition of, DefSubcontractor 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Stored Materials 2.2.2, 2.4, 9.7, 10.3, 14.1 Stopping the Work 15.1.2, 15.4.1.1 Statute of Limitations , 1.2.2, 1.5, 3.12.10, 3.17, 4.2.141.1.61.1.1, Specifications 1.1.6 , Definition ofSpecifications 13.44.2.6, 12.2.1, Special Inspections and Testing 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Site Visits, Architect’s 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Inspections , 6.1.1, 6.2.13.13 Site, Use of , 4.2.73.123.11, sShop Drawings, Product Data and Sample 3.12.1 , Definition ofShop Drawings 6.1.1 , Definition ofSeparate Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contracts and Contractors 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 ConstructionSchedules, , 9.3.19.2 Schedule of Values 3.11 Samples at the Site, Documents and , 4.2.73.123.11, Samples, Shop Drawings, Product Data and 3.12.3 , Definition ofSamples , 10.2, 10.410.13.3.1, 4.2.2, 4.2.7, 5.3, Safety Precautions and Programs , 10.410.2 Safety of Persons and Property 15.4.1 Rules and Notices for Arbitration 3.17 Royalties, Patents and Copyrights , 14, 15.413.312.2.4, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, Rights and Remedies 3.12 Samples by ContractorReview of Shop Drawings, Product Data and 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Architect tor’s Submittals by Owner and Review of Contrac , 3.12.7, 6.1.33.2 Conditions by ContractorReview of Contract Documents and Field 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Retainage 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 esponsibility for Those Performing the WorkR 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Representatives 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representations 9.3.1, 9.10.2 Releases and Waivers of Liens 4.2.6, 12.2.1 Rejection of Work 15.413.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 10.2.2, 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, Regulations and Laws PROTECTION OF PERSONS AND PROPERTY 1.1.1 Proposal Requirements 11.210.2.5, Property Insurance 4.2.10 Project Representatives 1.1.4 , Definition ofProject .3, 15.1.4, 9.8.5, 9.10.3, 14.29.69.3, Progress Payments , 9.8, 9.9.1, 14.1.4, 15.1.48.24.2.2, Progress and Completion 8 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 103 3.4.2, 14.3.11.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 1 Written Orders 4.2.11, 4.2.12 Written Interpretations 13.2, 13.3.2, 15.4.4.21.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, Written Consent 1.1.3 , Definition ofWork 8.3, 15.1.6.2 elaysWeather D 15.1.2, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 3.5 Warranty 11.36.1.1, Waivers of Subrogation 9.3, 9.10.2, 9.10.4 Waiver of Liens 14.2.4, 15.1.7 Waiver of Consequential Damages 15.1.79.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, Waiver of Claims by the Owner 15.1.79.10.5, 13.3.2, Waiver of Claims by the Contractor 13.3.2 Waiver of Claims by the Architect , 9.3.19.2 Values, Schedule of , 6.1.1, 6.2.13.13 Use of Site 2.3.6, 3.12.6, 5.3 1.1.1, 1.5, Use of Documents 7.3.3.2, 9.1.2 Unit Prices 3.7.4, 8.3.1, 10.3 Unforeseen Conditions, Concealed or Unknown 12.1 Uncovering of Work WORKUNCOVERING AND CORRECTION OF 9.3.2, 9.3.3 Title to Work 3.7.4, 10.2.8, 15.1.2, 15.1.3 me Limits on Claims 15.1.2, 15.1.3, 15.49.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Time Limits 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5, 9.5.1, 9.7, 8.33.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, Time, Delays and Extensions of 8 TIME 13.49.9.2, 9.10.1, 10.3.2, 12.2.1, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, Tests and Inspections CONTRACTTERMINATION OR SUSPENSION OF THE 14.2.2 EmploymentTermination of the Contractor 2.3.3 Termination of the Architect 14.4 Termination by the Owner for Convenience 15.1.714.2, 5.4.1.1, Termination by the Owner for Cause , 15.1.714.1 Termination by the Contractor 3.6, 3.8.2.1, 7.3.4.4 Taxes .1.1, 14 Suspension or Termination of the Contract 3.7.5, 5.4.2, 14.3 Suspension of the Work 14.3 Suspension by the Owner for Convenience 1.1.7, 2.3.4 Surveys 9.8.5, 9.10.2, 9.10.3 Surety, Consent of 15.2.75.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, Surety 9.10.5, 14.2.11.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, Suppliers 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 3.31.2.2, Supervision and Construction Procedures , 10.2.63.9 endentSuperint 13.2 Successors and Assigns 3.7.4 Subsurface Conditions 5.1.2 , Definition ofsubcontractor-Sub 3.4.2, 3.5, 7.3.8 Substitutions of Materials 9 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 104 shall not be liable for results of interpretations or decisions rendered in good faith.ctor and 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contra accordance with SectionThe Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in Maker Decision 9 81.1. § rials.surveys, models, sketches, drawings, specifications, and other similar materespective professional services agreements. Instruments of Service may include, without limitation, studies, performed by the Architect and the Architect’s consultants under their tangible and intangible creative work Instruments of Service are representations, in any medium of expression now known or later developed, of the Service of Instruments 8 71.1. § andards and workmanship for the Work, and performance of related services.equipment, systems, stThe Specifications are that portion of the Contract Documents consisting of the written requirements for materials, Specifications The 7 61.1. § ork, generally including plans, elevations, sections, details, schedules, and diagrams.dimensions of the WThe Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and Drawings The 6 51.1. § or a part and which may include construction by the Owner and by Separate Contractors.y be the whole The Project is the total construction of which the Work performed under the Contract Documents ma Project The 5 41.1. § the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.r to be provided by partially completed, and includes all other labor, materials, equipment, and services provided o The term “Work” means the construction and services required by the Contract Documents, whether completed or Work The 4 31.1. § as Constructor, as modified. Agreement Between Owner and Construction Manager2019, Standard Form -pursuant to the A133 as Constructor The term “Contractor” means the Construction Manager Contractor The 1.1.3 § intended to facilitate performance of the Architect’s duties.Contract Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the between the Owner subcontractor, (3)-Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Modification. The Contract Documents shall written or oral. The Contract may be amended or modified only by aagreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either e Contract for Construction. The Contract represents the entire and integrated The Contract Documents form th Contract The 1.1.2 § requirements. or proposal proposal, or portions of Addenda relating to bidding other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or mple forms, Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, saorder for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the tion Change Directive, or (4) a written parties, (2) a Change Order, (3) a Construcboth to the Contract signed by the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment sued prior to execution of the Contract, other documents listed in Conditions), Drawings, Specifications, Addenda isAgreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Documents Contract The 1.1.1 § 1.1 Basic Definitions § PROVISIONS GENERAL 1 ARTICLE 10 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 105 certified or registered mail, or by courier providing proof of delivery.duly served only if delivered to the designated representative of the party to whom the notice is addressed by shall be deemed to have been Notice of Claims as provided in Section 15.1.3 shall be provided in writing and 1.6.2 § set forth in the Agreement. transmission ismethod for electronic if acourier, or by electronic transmission have been duly served if delivered in person, by mail, by whom the notice is addressed and shall be deemed to give notice to the other party, such notice shall be provided in writing to the designated representative of the party to ded in Section 1.6.2, where the Contract Documents require one party to notify or Except as otherwise provi 1.6.1 § Notice 1.6 § without the specific written consent of the Owner, Architect, and the Architect’s consultants.ot use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work nsubcontractors, and suppliers may -if any, shown on the Instruments of Service. The Contractor, Subcontractors, Suband exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, solely ns 1.7 and 1.8,, subject to any protocols established pursuant to SectioInstruments of Service provided to themsubcontractors, and suppliers are authorized to use and reproduce the -The Contractor, Subcontractors, Sub 1.5.2 § Architect’s consultants’ reserved rights.other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for hall not own or claim a subcontractors, and suppliers s-including copyrights. The Contractor, Subcontractors, SubSpecifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, ve Instruments of Service, including the Drawings and shall be deemed the authors and owners of their respecti Architect and the Architect’s consultants Subject to the Agreement between Owner and Architect, the The 1.5.1 § and Other Instruments of Service ,1.5 Ownership and Use of Drawings, Specifications § another is not intended to affect the interpretation of either statement.articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in ts frequently omit modifying words such as “all” and “any” and In the interest of brevity the Contract Documen Interpretation 1.4 § numbered articles, or (3) the titles of other documents published by the American Institute of Architects.l Conditions include those that are (1) specifically defined, (2) the titles of Terms capitalized in these Genera Capitalization 1.3 § industry meanings are used in the Contract Documents in accordance with such recognized meanings.known technical or construction -nless otherwise stated in the Contract Documents, words that have wellU 1.2.3 § performed by any trade.not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall 1.2.2 § intentions and purposes in executing the Contract. ’effect to the partiesthe Contract Documents shall be construed, to the fullest extent permitted by law, to give enforceable. In such caseto make that provision legal and or unenforceable, then that provision shall be revised to the extent necessary provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid uments shall not invalidate the Contract or its remaining The invalidity of any provision of the Contract Doc § indicated results.consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the performance by the Contractor shall be required only to the extent one shall be as binding as if required by all; completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by The intent of the Contract Documents is to include all items necessary for the proper execution and 1.2.1 § 1.2 Correlation and Intent of the Contract Documents § 11 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 106 required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental idential” information, after seven (7) days’ notice to the Owner, where disclosure is Contractor may disclose “conf Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the 2.2.4 § ractor.materially vary such financial arrangements without prior notice to the ContAfter the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not 2.2.3 § interest as provided in the Contract Documents.up, plus -nd start Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay a the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract change until reasonable evidence is provided. If may immediately stop only that portion of the Work affected by the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor , if the . Howeverthat the Work has stopped the Owner at event, shall notifyimmediately stop the Work and, in thmay Contractor provide such evidence, as required, within fourteen days of the Contractor’s request, the a change in the Work materially changes the Contract Sum. If the Owner fails to make payment when due; or (3)y to Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s abilit obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract arrangements to fulfill the Owner’s to the Contractor reasonable evidence that the Owner has made financialFollowing commencement of the Work and upon written request by the Contractor, the Owner shall furnish 2.2.2 § be extended appropriately.r this Section 2.2.1, the Contract Time shall provides such evidence. If commencement of the Work is delayed undeobligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner evidence that the Owner has made financial arrangements to fulfill the Owner’s the Contractor reasonablePrior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to 2.2.1 § 2.2 Evidence of the Owner’s Financial Arrangements § ally referred to as the site, and the Owner’s interest therein.information shall include a correct statement of the record legal title to the property on which the Project is located, necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such request, information The Owner shall furnish to the Contractor, within fifteen days after receipt of a written 2.1.2 § “Owner” means the Owner or the Owner’s authorized representative.The term 4.2.1, the Architect does not have such authority. otherwise provided in Section . Except asauthorization who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or designate in writing a representative authority to agree to any adjustments in the Contract Sum or Contract Time.as no governing body. Except as expressly delegated by the Owner’s governing body, the Owner’s representative hOwner’s behalf only with respect to specific matters delegated to the representative in writing by the Owner’s representative authorized to act on the identify a Contract Documents as if singular in number. The Owner shall The Owner is the person or entity identified as such in the Agreement and is referred to throughout the 2.1.1 § 2.1 General § OWNER 2 ARTICLE of their agents and employees. contributors to, the building information model, and each relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or roject Building Information Modeling Protocol Form, shall be at the using or 2013, P–AIA Document G202™2013, Building Information Modeling and Digital Data Exhibit, and the requisite –forth in AIA Document E203™governing the use of, and reliance on, the information contained in the model and without having those protocols set cols Any use of, or reliance on, all or a portion of a building information model without agreement to proto Reliance and Use Models Information Building 1.8 § and exchange of digital data.it, to establish the protocols for the development, use, transmission, Information Modeling and Digital Data Exhib2013, Building –parties will use AIA Document E203™ r documentation in digital form. information ohe parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other T Transmission and Use Data 1.7 § 12 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 107 Article 15.wner, the Contractor may file a Claim pursuant to mounts claimed as costs to the OOwner or the Architect, or the ans of the If the Contractor disagrees with the actio amounts, the Contractor shall pay the difference to the Owner.If current and future payments are not sufficient to cover such h default, neglect, or failure.made necessary by suc e Architect’s additional services correcting such deficiencies, including Owner’s expenses and compensation for th reasonable cost of for to the extent reasonably necessary to reimburse the Owner hole or in part,Payment in wy a Certificate for ection 9.5.1, withhold or nullifsuant to S ,the Architect mayprior approval of the Architect and Such action by the Owner and amounts charged to the Contractor are both subject to correct such default or neglect.romptness, the Owner may, without prejudice to other remedies the Owner may have, or neglect with diligence and pday period after receipt of notice from the Owner to commence and continue correction of such default -within a tenthe Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails Work the Out Carry to Right Owner’s 2.5 § 6.1.3. required by Sectionof the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent r to stop the Work shall not give rise to a duty on the part order has been eliminated; however, the right of the OwneOwner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such repeatedly fails to carry out Work in accordance with the Contract Documents, the 12.2 or required by SectionIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as Work the Stop to Right Owner’s 2.4 § 1.5.2. cuments for purposes of making reproductions pursuant to Sectionthe Contract DoUnless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of 2.3.6 § Contractor’s written request for such information or services.ce of the Work with reasonable promptness after receiving the and relevant to the Contractor’s performanreasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control The Owner shall furnish information or services required of the Owner by the Contract Documents with 2.3.5 § utilitiesor verifying the accuracy of all utility locations supplied by private The Contractor shall be responsible f Work.information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Contractor shall be entitled to rely on the accuracy of The Owner does not warrant for accuracy, which Except for utility locations provided by private utilities, the site of the Project, and a legal description of the site. The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for 2.3.4 § tect.has no reasonable objection and whose status under the Contract Documents shall be that of the ArchiIf the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor 2.3.3 § tract Documents as if singular in number.Agreement and is referred to throughout the Conarchitecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the chitect lawfully licensed to practice architecture, or an entity lawfully practicing The Owner shall retain an ar 2.3.2 § changes in existing facilities.assessments and charges required for construction, use or occupancy of permanent structures or for permanent 3.7.1, the Owner shall secure and pay for necessary approvals, easements, including those required under SectExcept for permits and fees that are the responsibility of the Contractor under the Contract Documents, 2.3.1 § 2.3 Information and Services Required of the Owner § confidentiality of such information.e to maintain the know the content of such information solely and exclusively for the Project and who agresubcontractors, and others who need to -employees, consultants, sureties, Subcontractors and their employees, Sub or may also disclose “confidential” information to its entity, or by court or arbitrator(s) order. The Contract 13 (1681088820) User Notes: .mail docinfo@aiacontracts.com -Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 108 locations and descriptions, and must give the Owner and the Architect timely notice in writing of same and of any Documents including any differences between actual and indicated dimensions, Contractor’s review of the Contract inconsistencies, omissions, ambiguities, construction impracticalities or code violations discovered as a result of the The Contractor must promptly notify the Owner and the Architect in writing of any apparent errors, 3.2.6 § affected Work.and request direction before proceeding with the compliance as provided in Section 3.2.6 -Architect of the nontOwner or its designees acting in the capacity of building code inspectors, the Contractor must promptly notify , and rules and regulations, or any orders by code enforcement officials or the statutes, ordinances, building codesIf the Contractor believes that any portions of the Contract Documents do not comply with applicable laws, 3.2.5 § or by others are in proper condition to receive subsequent Work. Subcontractorsusly performed by the regulations bearing on the performance of the Work and that portion of Work previois in compliance with the Contract Documents and applicable laws and Subcontractorspreviously performed by the pections during the progress of the Work to confirm that Work The Contractor must make frequent ins 3.2.4 § request for information in such form as the Architect may require.shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a c authorities, but the Contractor laws, statutes, ordinances, codes, rules and regulations, or lawful orders of publiThe Contractor is not required to ascertain that the Contract Documents are in accordance with applicable 3.2.3 § therwise specifically provided in the Contract Documents.unless o Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, Contractor as a request for information in such form as the Architect may require. It is recognized that the y or made known to the shall promptly report to the Architect any errors, inconsistencies or omissions discovered bpurpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor construction by the Contractor and are not for the obligations are for the purpose of facilitating coordination andconditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These 2.3.4, shall take field measurements of any existing Owner pursuant to Sectionthe information furnished by the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the 3.2.2 § .personal observations with requirements of the Contract Documentsth local conditions under which the Work is to be performed, and correlated site, become generally familiar wiExecution of the Contract by the Contractor is a representation that the Contractor has visited the proposal periodhitect of and obtained clarification of any discrepancies which have become apparent during the bidding or the Arcperformed, has correlated personal observations with the requirements of the Contract Documents, and has notified Contract Documents, has visited the Site and is familiar with local conditions under which the Work is to be iewed and understands the By executing the Contract, the Contractor represents that the Contractor has rev 3.2.1 § 3.2 Review of Contract Documents and Field Conditions by Contractor § inspections or approvals required or performed by persons or entities other than the Contractor.Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract 3.1.3 § tract Documents.The Contractor shall perform the Work in accordance with the Con 3.1.2 § the Contractor or the Contractor’s authorized representative.express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall haContract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the and is referred to throughout the The Contractor is the person or entity identified as such in the Agreement 3.1.1 § 3.1 General § CONTRACTOR 3 ARTICLE 14 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 109 signed to them.persons or persons not properly skilled in tasks asand other persons carrying out the Work. The Contractor shall not permit employment of unfit Subcontractors,, The Contractor shall enforce strict discipline and good order among the Contractor’s employees 3.4.3 § Construction Change Directive.only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or 7.4, the Contractor may make substitutions ordered by the Architect in accordance with Section 3.12.8 or Sectionby the Architect in accordance with approvedExcept in the case of minor changes in the Work 3.4.2 § and whether or not incorporated or to be incorporated in the Work.or proper execution and completion of the Work, whether temporary or permanent facilities and services necessary fmaterials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, .13.4 § 3.4 Labor and Materials § such portions are in proper condition to receive subsequent Work.The Contractor shall be responsible for inspection of portions of Work already performed to determine that 3.3.3 § Contractor or any of its Subcontractors. on behalf of, theSubcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, 3.3.2 § cedures. its alternative means, methods, techniques, sequences, or pro Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using e solely for conformance with the design intent for the completed construction. shall evaluate the proposed alternativand Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect echniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner methods, tsafety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite sequences, or Documents give specific instructions concerning construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract ve control over, construction means, methods, techniques, Contractor shall be solely responsible for, and ha The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The 3.3.1 § 3.3 Supervision and Construction Procedures § ons, and lawful orders of public authorities.ordinances, codes, rules and regulatiand the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, nconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions iobligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, performs those If the Contractoras would have been avoided if the Contractor had performed such obligations. subject to Section 15.1.7, e Owner, , the Contractor shall pay such costs and damages to th.2 or 3.2.3 of Sections, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations 3.2.32 or 3.2. srequests for information pursuant to Section the Architect issues in response to the Contractor’s notices or If the Contractor believes that additional cost or time is involved because of clarifications or instructions 8 43.2. § pense and all claims relating thereafter are specifically waived.own risk and ex theirdo so at SubcontractorsOwner and the Architect and request for correction, clarification or additional information, as appropriate, the have been discovered by the review required by Section 3.2, without prompt written notice to the could reasonablyimpracticality, omission or code violation in the Contract Documents of which the Contractor is aware, or which perform any Work involving an apparent error, inconsistency, ambiguity, construction SubcontractorsIf the 3.2.7 § observed. to any variance between its review of the Site and physical data and Site conditionsgreater detail or to permit the proper progress of the Work. The Contractor must provide similar notice with respect s, or other information required to define the Work in corrections, clarifications, additional Drawings or Specification 15 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 110 t no change in the terms of the Contract is justified, the Architect those indicated in the Contract Documents and thaor Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from of the Work, will recommend that an equitable adjustment be made in the Contract Sum for, performance of any part determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect after firstprovide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days construction activities of the character provided for in the Contract Documents, the Contractor shall promptly nized as inherent in unusual nature that differ materially from those ordinarily found to exist and generally recogthat differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an surface or otherwise concealed physical conditions If the Contractor encounters conditions at the site that are (1) sub Conditions Unknown or Concealed 3.7.4 § for such Work and shall bear the costs attributable to correction.s of public authorities, the Contractor shall assume appropriate responsibility rules and regulations, or lawful orderIf the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, 3.7.3 § rules and regulations, and lawful orders of public authorities applicable to performance of the Work.The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, 3.7.2 § required at the time bids are received or negotiations concluded.that are customarily secured after execution of the Contract and legally execution and completion of the Work permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building 3.7.1 § 3.7 Permits, Fees, Notices and Compliance with Laws § to go into effect.legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled lar taxes for the Work provided by the Contractor that are The Contractor shall pay sales, consumer, use and simi Taxes 3.6 § nonconforming Work pursuant to Article 12.Equals” or Substitutions, Allowance items, Work that is defective or nonconforming, or the acceptance of -“Or in connection with the approval of Substantial Completion. The Owner may require additional special warrantiesThe Contractor must furnish all special warranties under the Contract Documents to the Owner no later than 3.5.4 § Contract Documents.y additional or special warranties under the Owner relating to any breach of the Contractor’s general warranty or an also be liable for any damage to property or persons (including death) including consequential and direct damages to r remedies provided in the Contract Documents. The Contractor shall Article 12, nor are they limited by any othecorrect defective or nonconforming Work as provided in require the Subcontractors to Contractor’s obligations to The Contractor’s general warranty and any additional or special warranties are not limited by the 3.5.3 § the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.All material, equipment, or other special warranties required by the Contract Documents shall be issued in 3.5.2 § and equipment.required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials al wear and tear and normal usage. If Contractor, improper or insufficient maintenance, improper operation, or normwarranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the ing to these requirements may be considered defective. The Contractor’s Work, materials, or equipment not conformfree from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. urther warrants that the Work will conform to the requirements of the Contract Documents and will be Contractor fContract will be of good quality and new unless the Contract Documents require or permit otherwise. The The Contractor warrants to the Owner and Architect that materials and equipment furnished under the 3.5.1 § 3.5 Warranty § 16 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 111 appropriate intervals as required by the conditions of the Work and Project.exceed time limits current under the Contract Documents. The schedule shall be revised at completion and shall not completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for date of Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the mit for the Owner’s and Architect’s The Contractor, promptly after being awarded the Contract, shall sub 3.10.1 § 3.10 Contractor’s Construction and Submittal Schedules § which shall not unreasonably be withheld or delayed.or shall not change the superintendent without the Owner’s consent, reasonable and timely objection. The ContractThe Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made 3.9.3 § period shall constitute notice of no reasonable objection.day -rchitect to provide notice within the 14superintendent or (2) requires additional time for review. Failure of the Amay notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed dent. Within 14 days of receipt of the information, the Architect the name and qualifications of a proposed superintenThe Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of 3.9.2 § during all business hours, and outside of business hours in the event of an emergency.contacted cell phone number to Owner and Architect and must be available to be and must provide his or her email address. The Superintendent communications given to the superintendent shall be as binding as if given to the Contractor.ontractor, and at the Project site during performance of the Work. The superintendent shall represent the CThe Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance 3.9.1 § 3.9 Superintendent § ith reasonable promptness.Materials and equipment under an allowance shall be selected by the Owner w 3.8.3 § 3.8.2.2. Section 3.8.2.1 and (2) changes in Contractor’s costs under costs and the allowances under Sectionhe Change Order shall reflect (1) the difference between actual by Change Order. The amount of twhenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly .3 but not in the allowances; andexpenses contemplated for stated allowance amounts shall be included in the Contract Sum and other Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, .2 all required taxes, less applicable trade discounts;cover the cost to the Contractor of materials and equipment delivered at the site and allowances shall .1 Unless otherwise provided in the Contract Documents, 3.8.2 § objection.but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable y such persons or entities as the Owner may direct, covered by allowances shall be supplied for such amounts and bThe Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items 3.8.1 § 3.8 Allowances § Article 15.such remains or features may be made as provided in Contract Sum and Contract Time arising from the existence of shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the inue to suspend such operations until otherwise instructed by the Owner but the operations. The Contractor shall contnotice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume ny operations that would affect them and shall notify the Owner and Architect. Upon receipt of such suspend amarkers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial 3.7.5 § Article 15. determination or recommendation, that party may submit a Claim as provided in shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s 17 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 112 flicts in the Work resulting from such failure.required to have been obtained prior to proceeding with the Work, including, but not limited to, correction of any any Work the correction of which is required due to the Contractor’s failure to obtain approval of a submittal justment in Contract Time, must correct at its cost, and without any ad ContractorThe approved by the Architect.until the respective submittal has been ,and review of Shop Drawings, Product Data, Samples, or similar submittalsork for which the Contract Documents require submittal The Contractor shall perform no portion of the W 3.12.7 § Documents.coordinated the information contained within such submittals with the requirements of the Work and of the Contract nstruction criteria related thereto, or will do so, and (3) checked and materials, field measurements and field cothe Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to 3.12.6 § submittals made to regulatory agencies.The Contractor must provide the Owner and the Architect with copies of all s.the Owner or of Separate Contractorschedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of ordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal ,Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract DocumentsThe Contractor shall review for compliance with the Contract Documents, approve, and submit to the 3.12.5 § by the Architect without action.are not required by the Contract Documents may be returned Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that 4.2.7. Informational submittals upon which the ect to the limitations of SectionReview by the Architect is subjin the Contract Documents for those portions of the Work for which the Contract Documents require submittals. is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed and similar submittals are not Contract Documents. Their purpose ,Shop Drawings, Product Data, Samples 3.12.4 § by which the Work will be judged.and establish standards ,Samples are physical examples that illustrate materials, equipment, or workmanship 3.12.3 § and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. ,tions, standard schedules, performance charts, instructions, brochures, diagramsProduct Data are illustra 3.12.2 § the Work.subcontractor, manufacturer, supplier, or distributor to illustrate some portion of -Contractor or a Subcontractor, Subgs are drawings, diagrams, schedules, and other data specially prepared for the Work by the Shop Drawin 3.12.1 § 3.12 Shop Drawings, Product Data and Samples § constructed.and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as nic form or paper copy, available to the Architect and Owner, similar required submittals. These shall be in electrochanges and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and nge Directives, and other Modifications, in good order and marked currently to indicate field Construction ChaChange Orders, including The Contractor shall make available, at the Project site, the Contract Documents, 3.11 Documents and Samples at the Site § the Owner and Architect. approved bytosubmitted accordance with the most recent schedules The Contractor shall perform the Work in general 3.10.3 § increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.rdance with the approved submittal schedule, the Contractor shall not be entitled to any provide submittals in accothe Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to d. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow withhel Architect’s approval shall not be unreasonably delayed or Owner’s and Architect’s approval. The Owner’s and , shall submit a submittal schedule for the within ten (10) days of execution of the Contract submittal scheduleessary to maintain a current The Contractor, promptly after being awarded the Contract and thereafter as nec 3.10.2 § 18 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 113 ing, fitting, or patching, unless otherwise required by the Contract Documents.existing prior to the cuttmake its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to 3.14.1 § 3.14 Cutting and Patching § arising out of the Contractor’s or Subcontractors’ use of such facilities.shall indemnify, defend, and hold Owner harmless from and against any claims Contractor’s use, and Contractor any such facilities available to Contractor, it is without representation or warranty as to their adequacy for ry temporary facilities, including power, water, sanitation, scaffolding, storage, and security. If Owner makes necessaExcept as may be specifically provided in the Contract Documents, the Contractor shall provide all 3.13.3 § before using any portion of the site.ontractor shall coordinate the Contractor’s operations with, and secure the approval of the Architect The C 3.13.2 § not unreasonably encumber the site with materials or equipment.ordinanc es, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall at the site to areas permitted by applicable laws, statutes, The Contractor shall confine operations .1 3.13 § Site of Use 3.13 § the time and in the form specified by the Architect.performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at Work has been If the Contract Documents require the Contractor’s design professional to certify that the 3.12.10.2 § ssed in the Contract Documents.and the design concept expren submittals only for the limited purpose of checking for conformance with information given appropriate action o3.12.10, the Architect will review and approve or take other services must satisfy. Pursuant to this Sectionprovided the Owner and Architect have specified to the Contractor the performance and design criteria that such professionals, and accuracy of the services, certifications, and approvals performed or provided by such design approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy hers, shall bear such professional’s written Work, designed or certified by such professional, if prepared by otDrawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the appear on all drawings, calculations, specifications, certifications, Shop professional, whose signature and seal shallContractor shall cause such services or certifications to be provided by an appropriately licensed design the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The uponspecify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will tems, materials, or If professional design services or certifications by a design professional related to sys 3.12.10.1 § required to provide professional services in violation of applicable law.ns, methods, techniques, sequences, and procedures. The Contractor shall not be responsibilities for construction mea the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s hitecture or engineering unless such services are specifically required by the Contract Documents for a portion of The Contractor shall not be required to provide professional services that constitute the practice of § absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.hitect on previous submittals. In the Samples, or similar submittals, to revisions other than those requested by the ArcThe Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, 3.12.9 § by the Architect’s approval thereof. ,similar submittals Drawings, Product Data, Samples, orauthorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop tion as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued deviaArchitect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific unless the Contractor has specifically notified the ,Shop Drawings, Product Data, Samples, or similar submittals itect’s approval of of responsibility for deviations from the requirements of the Contract Documents by the ArchThe Work shall be in accordance with approved submittals except that the Contractor shall not be relieved 3.12.8 § 19 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 114 compensation acts, disability benefit acts, or other employee benefit acts.rs’ damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under worke3.18.1 shall not be limited by a limitation on amount or type of liable, the indemnification obligation under Sectionm, or anyone for whose acts they may be Contractor, a Subcontractor, anyone directly or indirectly employed by the3.18 by an employee of the In claims against any person or entity indemnified under this Section 3.18.2 § 3.18. described in this Sectionld otherwise exist as to a party or person abridge, or reduce other rights or obligations of indemnity that wouloss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, they may be liable, regardless of whether or not such claim, damage, employed by them, or anyone for whose acts the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly or to injury to or destruction of tangible property (other than the Work itself), but only to sickness, disease or death, performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from claims, Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against and hold harmless the , defend,the Contractor shall indemnify ,To the fullest extent permitted by law 3.18.1 § 3.18 Indemnification § ed to the Architect.loss unless the information is promptly furnishcopyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the or other documents prepared by the Owner or Architect. However, if an infringement of a ,Drawings, Specificatior manufacturers is required by the Contract Documents, or where the copyright violations are contained in shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer of, but of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement Copyrights and Patents yalties,Ro 3.17 § located.The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever Work to Access 3.16 § Owner shall be entitled to reimbursement from the Contractor.ocuments, the Owner may do so and the If the Contractor fails to clean up as provided in the Contract D 3.15.2 § from and about the Project.remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials tion of the Work, the Contractor shall materials and rubbish caused by operations under the Contract. At compleThe Contractor shall keep the premises and surrounding area free from accumulation of waste about the Project.’ tools, construction equipment, machinery and surplus materials from and materials, rubbish, the Subcontractorsoperations under the Contract. At completion of the Work, the Contractor shall promptly cause removal of waste hall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by sOwner may clean the Site and back charge the Contractor for all costs associated with the cleaning. The Contractor eight (48) hours after notice or as otherwise required by the Contract Documents, the -the Architect within fortytisfactory to the Owner or suitably stored when not in use. If the Contractor fails to do so in a manner reasonably saby operations under the Contract, and must keep tools, construction equipment, machinery and surplus materials rom accumulation of waste materials or rubbish caused The Contractor must keep the Site and adjacent areas free f 3.15.1 § 3.15 Cleaning Up § cutting or otherwise altering the Work.withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to unreasonably except with written consent of the Owner and of the Separate Contractor. Consent shall not be by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor ng, or otherwise altering such construction, or construction of the Owner or Separate Contractors by cutting, patchiThe Contractor shall not damage or endanger a portion of the Work or fully or partially completed 3.14.2 § 20 (1681088820) User Notes: .mail docinfo@aiacontracts.co m-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 115 suppliers, their agents or employees, or other persons or entities performing portions of the Work.duty or responsibility of the Architect to the Contractor, Subcontractors, exercise such authority shall give rise to a However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to ce with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. Work in accordanArchitect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the 4.2.6 § nts.and certify the amounts due the Contractor and will issue Certificates for Payment in such amou Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review 4.2.5 § may specify other communication protocols.Owner. The Contract Documents suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the nd with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and aCommunications by t.direct communications between the Owner and the Contractor otherwise relating to the Projecservices or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any to or affect the Architect’s The Owner and Contractor shall include the Architect in all communications that relate 4.2.4 Communications § or their agents or employees, or any other persons or entities performing portions of the Work.or omissions of, the Contractor, Subcontractors, have control over or charge of, and will not be responsible for acts failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not in the Work. The Architect will not be responsible for the Contractor’s and (3) defects and deficiencies observedContract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the qualityOn the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and 4.2.3 § Contractor’s rights and responsibilities under the Contract Documents.ms in connection with the Work, since these are solely the procedures, or for the safety precautions and progranot have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or site inspections to check the quality or quantity of the Work. The Architect will -uous onmake exhaustive or continfully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to and to determine in general if the Work observed is being performed in a manner indicating that the Work, when ted, with the Owner, to become generally familiar with the progress and quality of the portion of the Work compleThe Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed 4.2.2 § Documents.in the Contract The Architect will have authority to act on behalf of the Owner only to the extent provided an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. escribed in the Contract Documents and will be The Architect will provide administration of the Contract as d 4.2.1 § 4.2 Administration of the Contract § Consent shall not be unreasonably withheld.or extended without written consent of the Owner, Contractor, and Architect. ,t be restricted, modifiedshall noand limitations of authority of the Architect as set forth in the Contract Documents , Duties, responsibilities 4.1.2 § the Agreement.The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in 4.1.1 § 4.1 General § ARCHITECT 4 ARTICLE enforce the prevailing wage requirement for subcontractors of any tier.language in its agreements with any subcontractors to allow Contractor to monitor and and all necessary contract . Contractor agrees further that it will incorporate any et seqin accordance with Minnesota Statutes, Section 177.42, agrees that all laborers or mechanics working on the Project shall receive at least the prevailing wage rate Contractor \[WME1\] § 3.20 Prevailing Wage 21 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 116 subcontractor.-ive of the Subsubcontractor or an authorized representat-Documents as if singular in number and means a Sub subcontractor” is referred to throughout the Contract -perform a portion of the Work at the site. The term “Sub direct or indirect contract with a Subcontractor to subcontractor is a person or entity who has a -A Sub 5.1.2 § does not include a Separate Contractor or the subcontractors of a Separate Contractor.er and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” numb the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of 5.1.1 § 5.1 Definitions § ORSSUBCONTRACT 5 ARTICLE Specifications in response to the requests for information.reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and made in writing within any time limits agreed upon or otherwise with Architect’s response to such requests will be The Architect will review and respond to requests for information about the Contract Documents. The 4.2.14 § expressed in the Contract Documents.to aesthetic effect will be final if consistent with the intent The Architect’s decisions on matters relating 4.2.13 § and will not be liable for results of interpretations or decisions rendered in good faith. ,show partiality to eitherll endeavor to secure faithful performance by both Owner and Contractor, will not and decisions, the Architect wifrom, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable 4.2.12 § will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.chitect’s response to such requests Contract Documents on written request of either the Owner or Contractor. The ArThe Architect will interpret and decide matters concerning performance under, and requirements of, the 4.2.11 § es and limitations of authority of the Project representatives.duties, responsibiliti carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in .2.104 § 9.10. Section9.10; and issue a final Certificate for Payment pursuant to assembled by the Contractor pursuant to Section Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and d forward to the 9.8; receive an of final completion; issue Certificates of Substantial Completion pursuant to SectionThe Architect will conduct inspections to determine the date or dates of Substantial Completion and the date 4.2.9 § 3.7.4. itions as provided in Sectionrecommendations regarding concealed and unknown cond7.4. The Architect will investigate and make determinations and changes in the Work as provided in Sectionminor orderThe Architect will prepare Change Orders and Construction Change Directives, and may 4.2.8 § approval of a specific item shall not indicate approval of an assembly of which the item is a component.or procedures. The Architect’s ,of safety precautions or of any construction means, methods, techniques, sequencesll not constitute approval 3.3, 3.5, and 3.12. The Architect’s review sha Contractor of the obligations under Sections required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the which remain the responsibility of the Contractor as installation or performance of equipment or systems, all of accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for Review of such submittals is not conducted for the purpose of determining the judgment to permit adequate review.submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved with information given and the design concept expressed in the Contract Documents. The Architect’s action will such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance upon, the Contractor’s submittals The Architect will review and approve, or take other appropriate action 4.2.7 § 22 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 117 creases in cost resulting from the suspension.compensation shall be equitably adjusted for in Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s 5.4.2 § obligations under the subcontract.subcontract agreement, the Owner assumes the Contractor’s rights and When the Owner accepts the assignment of a Contract.assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the .2 Subcontractor and Contractor; andtract agreements that the Owner accepts by notifying the 14.2 and only for those subcon Sectionassignment is effective only after termination of the Contract by the Owner for cause pursuant to .1 thatEach subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided 5.4.1 § 5.4 Contingent Assignment of Subcontracts § subcontractors.-similarly make copies of applicable portions of such documents available to their respective proposed Subact agreement that may be at variance with the Contract Documents. Subcontractors will the proposed subcontrwill be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor tor, subcontractors. The Contractor shall make available to each proposed Subcontrac-similar agreements with SubDocuments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into t the Contractor, by the Contract and redress against the Contractor tha ,agreement, the benefit of all rights, remediesprejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract contractor so that subcontracting thereof will not Documents with respect to the Work to be performed by the SubEach subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract he Contractor, by these Contract Documents, assumes toward the Owner and Architect. Subcontractor’s Work that t toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume to be By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work Relations Subcontractual 5.3 § or Architect makes reasonable objection to such substitution., or entity for one previously selected if the Owner The Contractor shall not substitute a Subcontractor, person 5.2.4 § in submitting names as required.Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively Work. However, no increase in the Contract shall be issued before commencement of the substitute Subcontractor’s be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order capable of performing the Work, the Contract Sum and Contract Time shall rejected Subcontractor was reasonablyContract or shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the 5.2.3 § Statutes Section 471.463, subd. 5.a Any objection must not be contrary to the requirements of Minnesot Contractor has made reasonable objection.reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the y to whom the Owner or Architect has made The Contractor shall not contract with a proposed person or entit 5.2.2 § . , subdivision 5471.463 s 471.345 andSectionshall be in accordance with Minnesota Statutes k for the project or other contracts for trade worSubcontracts d of Awaronable objection.day period shall constitute notice of no reas-Architect to provide notice within the 14reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the tractor whether the Owner or the Architect (1) has receipt of the information, the Architect may notify the ConWork, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of d Architect of the persons or entities proposed for each principal portion of the an Contract, shall notify the Owner, the Contractor, as soon as practicable after award of the tated in the Contract DocumentsUnless otherwise s 5.2.1 § Award of Subcontracts and Other Contracts for Portions of the Work 5.2 § 23 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 118 3.14. r the Contractor in Sectiondescribed foThe Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are 6.2.5 § 10.2.5. partially completed construction or to property of the Owner or Separate Contractor as provided in Sectionompleted or The Contractor shall promptly remedy damage that the Contractor wrongfully causes to c 6.2.4 § improperly timed activities, damage to the Work or defective construction.Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, shall be responsible to the Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate 6.2.3 § parent.apfor discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible r’s completed or partially Work shall constitute an acknowledgment that the Owner’s or Separate Contracto Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the le for proper execution and results of the Contractor’s Work. Separate Contractor that would render it unsuitabpromptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or rate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, the Owner or a Sepa If part of the Contractor’s Work depends for proper execution or results upon construction or operations by 6.2.2 § Contractor’s construction and operations with theirs as required by the Contract Documents.connect and coordinate the storage of their materials and equipment and performance of their activities, and shallThe Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and 6.2.1 § 6.2 Mutual Responsibility § and 12. ,Articles 10, 11including, without excluding others, those stated in Article 3, this Article 6, and Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, r with Separate Contractors, the Owner or its Separate related to the Project with the Owner’s own forces o Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations 6.1.4 § subsequently revised.ner until be used by the Contractor, Separate Contractors, and the Owschedules shall then constitute the schedules to revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction ors and the Owner in reviewing their construction schedules. The Contractor shall make any any Separate ContractContractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate 6.1.3 § ement.Contractor Agre-each separate Owner on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes en separate contracts are awarded for different portions of the Project or other construction or operations Wh 6.1.2 § waiver of subrogation.to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and ’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar Owneragreements. The Owner reserves the right to perform construction or operations related to the Project with the The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate 6.1.1 § and to Award Separate Contracts 6.1 Owner’s Right to Perform Construction § CONTRACTORS SEPARATE BY OR OWNER BY CONSTRUCTION 6 ARTICLE subcontract.the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the tor or other entity, successor contractor or other entity. If the Owner assigns the subcontract to a successor contrac5.4, the Owner may further assign the subcontract to a Upon assignment to the Owner under this Section 5.4.3 § 24 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 119 Order.A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change 7.3.2 § Contract Sum and Contract Time being adjusted accordingly.tions, or other revisions, the in the Work within the general scope of the Contract consisting of additions, deleTime, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes eement on adjustment, if any, in the Contract Sum or Contract Architect, directing a change in the Work prior to agrA Construction Change Directive is a written order prepared by the Architect and signed by the Owner and 7.3.1 § 7.3 Construction Change Directives § sign the Change Order.til the Owner and Architect Contract Time, or both, for further action by the Owner. No such change is effective unrequest for a Change Order or Contract Amendment providing for an appropriate adjustment in the Contract Sum or is appropriate, the Architect will prepare and submit a If the Owner determines that a Change Proposal 3 7.2. § Proposal in accordance with this Section 7.2.2 without accepting the Change Proposal in its entirety.Owner may, at its option, instruct the Contractor to proceed with the Work involved in the Change discretion. The(10%). Change Proposals will be binding upon the Contractor and may be accepted or rejected by the Owner in its subcontractor’s overhead and profit in turn must not exceed a total aggregate of ten percent -Subcontractor’s or Sub itions). The specific overhead and general cond-profit and overhead (which includes office overhead and Sitematerials, supplies and equipment, rental cost of machinery and equipment, additional bond cost, plus a fixed fee for permit evaluation including cost of labor, properly itemized and supported by sufficient substantiating data to Contract Time. Any proposed adjustment must include detailed documentation including, but not limited to: cost, e Contractor believes to be necessary in (i) the Contract Sum, or (ii) the must include any adjustment which thChange Proposals will define or confirm in detail the Work which is proposed to be added, deleted, or changed and extension of the Contract Time will be allowed for the cost or time involved in making Change Proposals. or rise to the Contractor’s claim for a change in the Contract Sum or Contract Time. No increase in the Contract Sum days of the event giving one (21)-twentywithin ten (10) days after request of the Owner, or the Architect or within templated Change Order The Contractor must submit Change Proposals to the Architect covering a con 27.2. § The extent of the adjustment, if any, in the Contract Time. .3 The amount of the adjustment, if any, in the Contract Sum; and .2 The change in the Work; .1 the following: Architect stating their agreement upon all ofand ,A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor 7.2.1 § and Change Proposals 7.2 Change Orders § , or order for a minor change in the Work.Construction Change DirectiveContractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Changes in the Work shall be performed under applicable provisions of the Contract Documents. The 7.1.3 § itect alone.the Contractor. An order for a minor change in the Work may be issued by the ArchConstruction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by ed upon agreement among the Owner, Contractor, and Architect. A A Change Order shall be bas 7.1.2 § limitations stated in this Article 7 and elsewhere in the Contract Documents.Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the and without invalidating the Changes in the Work may be accomplished after execution of the Contract, 7.1.1 § 7.1 General § WORK THE IN CHANGES 7 ARTICLE Owner may clean up and the Architect will allocate the cost among those responsible.free from waste materials and rubbish, the respective contracts for maintaining the premises and surrounding area If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their Up Clean to Right Owner’s 6.3 § 25 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 120 issued for all or any part of a Construction Change Directive.agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be act Sum and Contract Time, or otherwise reach agreement upon the adjustments, such adjustments in the ContrWhen the Owner and Contractor agree with a determination made by the Architect concerning the 7.3.10 § as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.ame basis reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the sand certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be ication for payment for those costs The Architect will make an interim determination for purposes of monthly certifmay request payment for Work completed under the Construction Change Directive in Applications for Payment. cost of a Construction Change Directive to the Owner, the Contractor Pending final determination of the total 7.3.9 § be figured on the basis of net increase, if any, with respect to that change.credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall itions and net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both addThe amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a 7.3.8 § hall be recorded as a Change Order.be effective immediately and sincluding adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, 7.3.7 § Contract Time.provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, ith the change in Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed w 7.3.6 § accordance with applicable provisions of Article 15.If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in 7.3.5 § Costs of supervision and field office personnel directly attributable to the change. .5 related to the change; anddirectly ,or similar taxes ,ales, useCosts of premiums for all bonds and insurance, permit fees, and s .4 Contractor or others;Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the .3 consumed;ent, including cost of transportation, whether incorporated or Costs of materials, supplies, and equipm .2 workers’ compensation insurance, and other employee costs approved by the Architect;Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, .1 mited to the following:7.3.4 shall be li provided in the Contract Documents, costs for the purposes of this Sectionas the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise Contractor shall keep and present, in such form 7.3.3.3, the reasonable amount. In such case, and also under Sectionamount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a o the change, including, in case of an increase in the Contract Sum, an those performing the Work attributable tArchitect shall determine the adjustment on the basis of reasonable expenditures and savings of Owner and Sum, the the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract 7.3.4 § 7.3.4. As provided in Section .4 percentage fee; orCost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or .3 Unit prices stated in the Contract Documents or subsequently agreed upon; .2 mit evaluation;Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to .1 based on one of the following methods:If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be 7.3.3 § 26 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 121 Article 15 or the same will be deemed to be conclusively waived.Contractor must file a claim as provided in and no adjustment is made in the Contract Sum, or if the Contractor disagrees with any adjustment made, the adjustment, if any, in the Contract Sum. If the Owner requires an acceleration of the Project Schedule appropriateThe Owner reserves the right to issue a written directive to accelerate the Work that may be subject to an 8.2.8 § the Owner.progress to overcome the delay and ensure that there will be no further delay in the progress of the Work and notify Contractor must, promptly and at no additional cost to the Owner, take all measures necessary to accelerate itsindicating that the Contractor will not be able to conform to the most recently approved Progress Schedule, the Work or has evidence reasonably Owner determines that the Contractor is not diligently proceeding with the If the Contractor’s progress is not maintained in accordance with the approved Progress Schedule, or the 8.2.7 § r to the expiration of the Contract Time but for any claimed delay.have completed the Work prio may not make any claim for delay damages based in whole or in part on the premise that the Subcontractors’ would throughout the Contract Time and the period between Substantial and final Completion. Accordingly, the Contractor The Contractor represents that its bid includes all costs, overhead and profit which may be incurred 8.2.6 § commencement date, progress and completion date of each scheduled activity indicated on the Progress Schedule.proved Progress Schedule the actual Contractor must keep current records of and mark on a copy of the apthe progress of the Work, a copy of the approved Progress Schedule and any approved revisions thereto. The at the Site, available to the Owner and the Architect for their reference during The Contractor must maintain 8.2.5 § within any interim completion dates established in the most recently approved Progress Schedule.the Subcontractor’s to complete the indicated Work or achieve the required percentage of completion, as applicable, ause The Contractor must conform to the most recently approved Progress Schedule. The Contractor must c 8.2.4 § within the Contract Time.The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion 8.2.3 § d Owner.the Work prior to the effective date of insurance required to be furnished by the Contractor anThe Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence 8.2.2 § s a reasonable period for performing the Work.Agreement, the Contractor confirms that the Contract Time iTime limits stated in the Contract Documents are of the essence of the Contract. By executing the 8.2.1 § 8.2 Progress and Completion § defined.ll mean calendar day unless otherwise specifically The term “day” as used in the Contract Documents sha 8.1.4 § 9.8. The date of Substantial Completion is the date certified by the Architect in accordance with Section 8.1.3 § The date of commencement of the Work is the date established in the Agreement. 8.1.2 § the Contract Documents for Substantial Completion of the Work.Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in 8.1.1 § 8.1 Definitions § TIME 8 ARTICLE tension of the Contract Time.Contractor waives any adjustment to the Contract Sum or exchange without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the . If the Contractor performs the Work set forth in the Architect’s order for a minor implement the change in the Workaffect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents 7.4 Minor Changes in the Work § 27 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 122 rly be made for materials and equipment suitably stored off the site at a location by the Owner, payment may similaequipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and .29.3 § on any undisputed amount not paid on time to the Subcontractor(s).half percent (1.5%) per month or any part of a month to the Subcontractor(s) -pay interest at the rate of one and onefor undisputed services provided by the Subcontractor(s) and must Contractor’s receipt of payment from the Owner , the Contractor must pay all subcontractors, less any retainage, within ten (10) calendar days of the subdivision 4a, Act”) mentrompt Pay Minnesota Statutes Section 471.425 (“P As required by intends to pay. whom the ContractorContractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others Applications for Payment shall not include requests for payment for portions of the Work for which the § hange Orders.Architect, but not yet included in Cthe Work that have been properly authorized by Construction Change Directives, or by interim determinations of the 7.3.9, such applications may include requests for payment on account of changes in s provided in SectionA § provided for in the Contract Documents.requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if the Contractor’s right to payment that the Owner or Architect require, such as copies of data substantiating9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all SectionArchitect an itemized Application for Payment prepared in accordance with the schedule of values, if required under e At least ten days before the date established for each progress payment, the Contractor shall submit to th 9.3.1 § 9.3 Applications for Payment § for Payment.y the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications unless objected to bsubmitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and Any changes to the schedule of values shall be as a basis for reviewing the Contractor’s Applications for Payment.sed substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be uthe various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to entire Contract Sum to schedule of values to the Architect before the first Application for Payment, allocating the Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a 9.2 Schedule of Values § shall be equitably adjusted. to the Owner or Contractor, the applicable unit prices inequitysubstantial squantities cause the actual contemplated are materially changed so that application of such unit prices toract Documents or subsequently agreed upon, and if quantities originally If unit prices are stated in the Cont 9.1.2 § payable by the Owner to the Contractor for performance of the Work under the Contract Documents.The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount 9.1.1 § m9.1 Contract Su § COMPLETION AND PAYMENTS 9 ARTICLE the Contract Documents.8.3 does not preclude recovery of damages for delay by either party under other provisions of This Section 8.3.3 § made in accordance with applicable provisions of Article 15. Claims relating to time shall be 8.3.2 § reasonable time as the Architect may determine.Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such ; or (5) by other causes that the litigationsolutionbinding dispute reauthorized by the Owner pending mediation and documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay , unusual delay in deliveries, unavoidable casualties, adverse weather conditions the Work; (3) by labor disputes, fireneglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or 8.3.1 § 8.3 Delays and Extensions of Time § 28 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 123 certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract the Contractor is entitled to payment in the amount , and that Work is in accordance with the Contract Documentsthe quality of the ,and belief, the Work has progressed to the point indica ,s knowledge, information’Architectthe Application for Payment, that, to the best of the s evaluation of the Work and the data ’based on the Architectrepresentation by the Architect to the Owner, The issuance of a Certificate for Payment will constitute a 9.4.2 § .Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1 old certification of the entire Application for Payment, and notify the ; or (3) withh9.5.1 Sectionprovided in s reasons for withholding certification in part as ’the Contractor and Owner of the Architect notify properly due, for such amount as the Architect determines is or (2) issue to the Owner a Certificate for Payment ;Contractor, with a copy to the in the full amount of the Application for Payment issue to the Owner a Certificate for Payment s Application for Payment, either’The Architect will, within seven days after receipt of the Contractor 9.4.1 § Payment 9.4 Certificates for § . or holiday, apprenticeship training, pension, and other benefit programsname and address of administrator; benefit account number; and telephone number for health and welfare, vacation buted per hour for each benefit, including each deduction for taxes; total deductions; net pay for week; dollars contriprevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; specifying for each employee: name; identifying number; r Payment,time period covered by the Application fothe the wages and benefits paid each employee during setting forth 77.30, Minnesota Statutes Section 1 accordance with, Certified Payroll Statementswith each Application for Payment Contractor shall also furnishThe 7.39. § be conditioned upon the Contractor’s provision of applicable insurance, storage and transportation to the Site.the Owner to protect the Owner’s interests. Payment for materials and equipment stored off the Site will, in addition, ry to equipment stored on or off the Site is conditioned upon compliance by the Contractor with procedures satisfactomaterials and equipment stored off the Site at a location agreed upon in writing. Payment for materials and Application for Payment may include the Site. If specifically approved in writing in advance by the Owner, ansubsequent incorporation in the Work. The Owner has no obligation or responsibility to pay for materials stored off erials and equipment delivered and suitably stored at the Site for Applications for Payment may include mat 9.3.6 § Contract retainage provided for in the Contract Documents.releases and other documents. Each Application for Payment must reflect approved Contract Modifications and the al suppliers, partial lien waivers, Owner and Architect, such as copies of requisitions from Subcontractors and materi Contractor’s right to payment and compliance with the payment provisions of the Contract to the satisfaction of the rized and supported by sufficient data to demonstrate the prescribed by the Owner. The Application must be notaPayment, supported by AIA Document G703, Continuation Sheet (latest edition), or such other form as may be The form of Application for Payment must be AIA Document G702, Application and Certificate for 9.3.5 § at a progress meeting prior to submitting a formal Application for Payment.to and review with the Owner a draft Application for Payment Applications for Payment, the Contractor may submitmust be consistent with the approved Schedule of Values. In order to expedite the review and approval of n a monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment completed oThe Contractor must submit to the Architect and Owner itemized Applications for Payment for Work 9.3.4 § that provided labor, materials, and equipment relating to the Work.he Contractor, Subcontractors, suppliers, or other persons or entities security interests, or encumbrances, in favor of tand belief, be free and clear of liens, claims, ,Owner shall, to the best of the Contractor’s knowledge, information hich Certificates for Payment have been previously issued and payments received from the Payment all Work for wno later than the time of payment. The Contractor further warrants that upon submittal of an Application for The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner 9.3.3 § e site.for such materials and equipment stored off th ,and transportation to the site ,insurance, storage materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable the Owner to establish the Owner’s title to such compliance by the Contractor with procedures satisfactory to agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon 29 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 124 account of portions of the Work done by such Subcontractor.n by the Architect and Owner on of completion or amounts applied for by the Contractor and action taken thereoThe Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages 9.6.3 § subcontractors in a similar manner.-o make payments to SubSubcontractor tportion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s Subcontractor is after receipt of payment from the Owner, the amount to which the aPayment Act, subdivision 4in accordance with the Prompt no later than seven days The Contractor shall pay each Subcontractor, 9.6.2 § Contract Documents, and shall so notify the Architect.within the time provided in the After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and 9.6.1 § 9.6 Progress Payments § Application for Payment.ct and the Contractor shall reflect such payment on its next joint check, the Owner shall notify the Architepayment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by cks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make issue joint che9.5.1.3, the Owner may, at its sole option, If the Architect withholds certification for payment under Section 9.5.4 § previously withheld.When the reasons for withholding certification are removed, certification will be made for amounts 9.5.3 § may submit a Claim in accordance with Article 15. the Contractorthat partySection 9.5.1, in whole or in part, n regarding a Certificate for Payment under disputes the Architect’s decisio the Contractoreither partyWhen 9.5.2 § repeated failure to carry out the Work in accordance with the Contract Documents. 87. orlance would not be adequate to cover actual or liquidated damages for the anticipated delay; unpaid bareasonable evidence that the Work will not be completed within the Contract Time, and that the 76. damage to the Owner or a Separate Contractor; 65. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 54. failure to submit Certified Payroll Statements under Section 9.3.7; .4 materials or equipment;failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, .3 Owner is provided by the Contractor;security acceptable to the unless ,third party claims filed or reasonable evidence indicating probable filing of such claims .2 defective Work not remedied; .1 3.3.2, because of nsible, including loss resulting from acts and omissions described in Sectionis respo such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to or, because of make such representations to the Owner. The Architect may also withhold a Certificate for Paymentamount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to and Architect cannot agree on a revised 9.4.1. If the Contractor Contractor and Owner as provided in Sectionbe made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the 9.4.2 cannot on the representations to the Owner required by Section to protect the Owner, if in the Architect’s opini The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary 9.5.1 § 9.5 Decisions to Withhold Certification § paid on account of the Contract Sum.reviously or (4) made examination to ascertain how or for what purpose the Contractor has used money p ;payments right to ’from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractorreviewed copies of requisitions received (3) ;or procedures ,construction means, methods, techniques, sequences(2) reviewed ;site inspections to check the quality or quantity of the Work-made exhaustive or continuous onificate for Payment will not be a representation that the Architect has (1) Architect. However, the issuance of a Certand to specific qualifications expressed by the ,deviations from the Contract Documents prior to completionments upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor Docu 30 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 125 determine Substantial Completion.by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to al Completion, complete or correct such item upon notification shall, before issuance of the Certificate of Substantithat the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor ’s list, which is not sufficiently complete in accordance with the Contract Documents so included on the Contractor designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or 9.8.3 § responsibility of the Contractor to complete all Work in accordance with the Contract Documents.items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the ist of separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive lWhen the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept 9.8.2 § Work for its intended use.ize the is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilSubstantial Completion is the stage in the progress of the Work when the Work or designated portion thereof 9.8.1 § 9.8 Substantial Completion § ments.up, plus interest as provided for in the Contract Docu-the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start amount owing has been received. The Contract Time shall be extended appropriately and Work until payment of the dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the awarded by binding aser the date established in the Contract Documents, the amount certified by the Architect orwithin seven days receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after Failure of Payment9.7 § against which the lien or other claim for payment has been asserted.approved by the applicable court, when required, the Contractor may substitute a surety bond for the property or other claim for payment, the Owner shall notify the Contractor. If tier. Upon receipt of notice of a lien claim litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and and indemnify theProvided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend The Contractor and the Subcontractors shall provide payment and performance bonds as required by law. 9.6.8 § s provision.award of punitive damages against the Contractor for breach of the requirements of thin fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to ad with money of the Contractor, create any require money to be placed in a separate account and not commingleunder contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall se Subcontractors or suppliers who performed Work or furnished materials, or both, be held by the Contractor for thopayments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, 9.6.7 § Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the 9.6.6 § 9.6.2, 9.6.3 and 9.6.4.rovided in Sections The Contractor’s payments to suppliers shall be treated in a manner similar to that p 9.6.5 § required by law.obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be ner nor Architect shall have an and suppliers to ascertain whether they have been properly paid. Neither the OwContractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors the Owner to the Contractor for subcontracted Work. If the paid Subcontractors and suppliers amounts paid by The Owner has the right to request written evidence from the Contractor that the Contractor has properly 9.6.4 § 31 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 126 unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against furnish a release or waiver and in such form as may be designated by the Owner. If a Subcontractor refuses toreleases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent ent or satisfaction of obligations, such as receipts and and (6) if required by the Owner, other data establishing paym(5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, ,by the Contract Documents, (4) consent of surety, if any, to final payment renewable to cover the period requiredcurrently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be evidencing that insurance required by the Contract Documents to remain in force after final payment is a certificate (2) 134 forms, -including but not limited to completed ICwithheld by Owner) have been paid or otherwise satisfied, with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts ebtedness connected to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indNeither final payment nor any remaining retained percentage shall become due until the Contractor submits 9.10.2 § fulfilled.tled to final payment have been 9.10.2 as precedent to the Contractor’s being enti that conditions listed in Section Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation ound to be due the Contractor and noted in the final with the Contract Documents and that the entire balance fsite visits and inspections, the Work has been completed in accordance -belief, and on the basis of the Architect’s onr Payment stating that to the best of the Architect’s knowledge, information and promptly issue a final Certificate fofinds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will hen the Architect ceipt of a final Application for Payment, the Architect will promptly make such inspectionre Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon 9.10.1 § 9.10 Final Completion and Final Payment § constitute acceptance of Work not complying with the requirements of the Contract Documents. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not 9.9.3 § the Work.inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of itect shall jointly Immediately prior to such partial occupancy or use, the Owner, Contractor, and Arch 9.9.2 § no agreement is reached, by decision of the Architect.of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if stage 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The under Sectionconsiders a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided the Contractor correction of the Work and commencement of warranties required by the Contract Documents. When maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for for payments, retainage, if any, security, accepted in writing the responsibilities assigned to each of themuse may commence whether or not the portion is substantially complete, provided the Owner and Contractor have blic authorities having jurisdiction over the Project. Such partial occupancy or to by the insurer and authorized by pusuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented The Owner may occupy or use any completed or partially completed portion of the Work at any stage when 9.9.1 § 9.9 Partial Occupancy or Use § ance with the requirements of the Contract Documents.shall be adjusted for Work that is incomplete or not in accordWork or designated portion thereof. Such payment any, the Owner shall make payment of retainage applying to and consent of surety if ,Certificate. Upon such acceptance signed to them in acceptance of responsibilities asThe Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written 9.8.5 § Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.of the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the ties, damage to the Work and responsibilities of the Owner and Contractor for security, maintenance, heat, utiliCertificate of Substantial Completion that shall establish the date of Substantial Completion; establish ion thereof is substantially complete, the Architect will prepare a When the Work or designated port 9.8.4 § 32 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 127 tion from damage, injury, or loss.protecbearing on safety of persons or property or their ,rules and regulations, and lawful orders of public authoritiesand give notices required by applicable laws, statutes, ordinances, codes, ,The Contractor shall comply with 10.2.2 § of construction.roadways, structures, and utilities not designated for removal, relocation, or replacement in the course other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, .3 subcontractor; and-actor, a Subcontractor, or a Subsite, under care, custody, or control of the Contrthe Work and materials and equipment to be incorporated therein, whether in storage on or off the .2 employees on the Work and other persons who may be affected thereby; .1 event damage, injury, or loss toprThe Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to 10.2.1 § 10.2 Safety of Persons and Property § in connection with the performance of the Contract.upervising all safety precautions and programs The Contractor shall be responsible for initiating, maintaining, and s Programs and Precautions Safety 10.1 § PROPERTY AND PERSONS OF PROTECTION 10 ARTICLE of the Owner or Architect until the Work is determined to be finally complete.fessional services is finally complete. In such case, the Contractor must bear the cost of any necessary additional proDocuments. The Architect will promptly notify the Contractor if the Owner or Architect do not concur that the Work ith terms and conditions of the Contract Owner that the Work has been completed in full and strict accordance w Owner. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the ents, Architect will issue a Certificate of Final Completion to the and is acceptable under the Contract Documpromptly make such inspection and, when the Owner and Architect concur that the Work has been fully completed Upon receipt of the Contractor’s notice and request for final inspection, the Owner and Architect will 9.10.7 § by Section 9.10.3.request for a final inspection must be accompanied by a final Application for Payment and the Submittals required of the Work as provided in Section 9.10.2. The Contractor’s notice and Architect and request a final inspection Work is complete and ready for final acceptance, the Contractor must give written notice to the Owner and the When the Contractor has completed or corrected all items on the final Punch List and considers that the 9.10.6 § final Application for Payment.claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of shall constitute a waiver of ,or a supplier ,Acceptance of final payment by the Contractor, a Subcontractor 9.10.5 § audits performed by the Owner, if permitted by the Contract Documents, after final payment. .4 ties required by the Contract Documents; orterms of special warran .3 failure of the Work to comply with the requirements of the Contract Documents; .2 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .1 of Claims by the Owner except those arising from The making of final payment shall constitute a waiver 9.10.4 § except that it shall not constitute a waiver of Claims.certification of such payment. Such payment shall be made under terms and conditions governing final payment, to the Architect prior to that portion of the Work fully completed and accepted shall be submitted by the ContractorDocuments, and if bonds have been furnished, the written consent of the surety to payment of the balance due for ed is less than retainage stipulated in the Contract the remaining balance for Work not fully completed or correctContract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the Contractor and certification by the Architect, and without terminating the Owner shall, upon application by of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault 9.10.3 § attorneys’ fees.compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable 33 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 128 consultants, and agents and employees of any of them from and against Subcontractors, Architect, Architect’s To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, 10.3.3 § -of shutdown, delay, and start increased by the amount of the Contractor’s reasonable additional costs appropriately and the Contract Sum shall bewritten agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended bjection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon oby the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed le objection to the persons or will promptly reply to the Owner in writing stating whether or not either has reasonabto perform the task of removal or safe containment of the material or substance. The Contractor and the Architect ence or absence of the material or substance or who are persons or entities who are to perform tests verifying the presDocuments, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of nt, to cause it to be rendered harmless. Unless otherwise required by the Contract or substance is found to be preseverify the presence or absence of the material or substance reported by the Contractor and, in the event such material pon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to U 10.3.2 § the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing ited to asbestos or injury or death to persons resulting from a material or substance, including but not limaddressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily tor encounters a hazardous material or substance not regarding hazardous materials or substances. If the ContracThe Contractor is responsible for compliance with any requirements included in the Contract Documents 10.3.1 § 10.3 Hazardous Materials and Substances § investigate the matter. Ownerther partyoexceeding 21 days after discovery. The notice shall provide sufficient detail to enable the within a reasonable time not Ownerother partythe injury or damage, whether or not insured, shall be given to the is legally responsible, notice of the Ownerpartysuch , or of others for whose acts Ownerother partyomission of the suffers injury or damage to person or property because of an act or the Contractor or a Subcontractoreither party \[MW2\]Property or Person to or Injury 10.2.8 § unsafe condition.create an The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or 10.2.7 § designated by the Contractor in writing to the Owner and Architect.on shall be the Contractor’s superintendent unless otherwise shall be the prevention of accidents. This pers The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty 10.2.6 § 3.18. Contractor’s obligations under Section ions of the Contractor are in addition to the to the fault or negligence of the Contractor. The foregoing obligatindirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable e to acts or omissions of the Owner or Architect or anyone directly or extent such damage or loss is attributabl10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the Sectionshem, or by anyone for whose acts they may be liable and for which the Contractor is responsible under by any of tsubcontractor, or anyone directly or indirectly employed -whole or in part by the Contractor, a Subcontractor, a Subinsurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in under property The Contractor shall promptly remedy damage and loss (other than damage or loss insured 10.2.5 § supervision of properly qualified personnel.ecessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under nor unusual methods are ,When use or storage of explosives or other hazardous materials or equipment 10.2.4 § the safeguards.against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of warnings the Contract, reasonable safeguards for safety and protection, including posting danger signs and other The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of 10.2.3 § 34 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Ter ms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 129 arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage , the Contractor shall provide notice to the Owner of such impending or actual Documents Contractrequired by the the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insuranceWithin three (3) business days of Notice of Cancellation or Expiration of Contractor’s Required Insurance. 5 411.1. § authorize a copy to be furnished.furnish a copy of the bonds or shall payment of obligations arising under the Contract, the Contractor shall promptly Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering 4 3 11.1. § located.urety bonds in the jurisdiction where the Project is from a company or companies lawfully authorized to issue sconditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds provide surety bonds of the types, for such penal sums, and subject to such terms and The Contractor shall 3 211.1. § for damages arising out of the Project Work.the completed operations period. Completed operations shall be the period within which any claims may be brought commencement of the Work until the date of final payment through maintained without interruption from the date of made basis, shall name the Owner and Architect as additional insureds, and shall be -occurrence or claimsontract Documents or required by law, whichever coverage is greater. Coverages, whether written on an CThe insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the 11.1.2 § commercial general liability policy or as otherwise described in the Contract Documents.additional insureds under the Contractor’s Owner, Architect, and Architect’s consultants shall be named as The insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.chase and maintain the required insurance from an insurance company or Documents. The Contractor shall purendorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the 11.1.1 § 11.1 Contractor’s Insurance and Bonds § BONDS AND INSURANCE 11 ARTICLE on account of an emergency shall be determined as provided in Article 15 and Article 7.jury, or loss. Additional compensation or extension of time claimed by the Contractor prevent threatened damage, in In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to Emergencies 10.4 § the Contractor for all cost and expense thereby incurred.reimburse nts, the Owner shall the Contract Documefor the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency 10.3.6 § due to the Owner’s fault or negligen 10.3.1, except to the extent that the cost and expense are Contractor fails to perform its obligations under Sectionus materials or substances the Contractor brings to the site and negligently handles, or (2) where the hazardothe Owner for the cost and expense the Owner incurs (1) for remediation of reimburseThe Contractor shall 10.3.5 § extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.act Documents, except to the Owner shall be responsible for hazardous materials or substances required by the ContrContractor brings to the site unless such materials or substances are required by the Contract Documents. The 10.3 for hazardous materials or substances the this SectionThe Owner shall not be responsible under 10.3.4 § is due to the fault or negligence of the party seeking indemnity.destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense or to injury to or claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death,10.3.1 and has not been rendered harmless, provided that such risk of bodily injury or death as described in Sectionn fact the material or substance presents the if i roperty on Owner’s p in the affected areaperformance of the Work and expenses, including but not limited to attorneys’ fees, arising out of or resulting from ,claims, damages, losses 35 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 130 the Architect, or Architect’s consultants, if any.both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of y, real or personal or Project related propert-Architect, or Architect’s consultant, if any, for damages caused to non Subcontractors, agents or employees; or against (2) the -omission of the Contractor, any of its Subcontractors, subegligent, intentional or other willful act or personal or both, at or adjacent to the site of the Project, caused by the nProject related property, real or -Subcontractors, agents or employees for damages caused to non-Subcontractors, subwaive its right to subrogate against (1) Contractor, any of its Notwithstanding the above, Owner does not § 11.3.2 property.premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged otherwise, (2) even though that person or entity did not pay the insurance duty of indemnification, contractual or subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a aims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of agreeing to waive clsubcontractors. The policies of insurance purchased and maintained by each person or entity -subcontractors, and sub individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, vor of the of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in faby the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds vered by property insurance required damages caused by fire, or other causes of loss, to the extent those losses are cosubcontractors, agents, and employees, for -Separate Contractors, if any, and any of their subcontractors, sub e other; (2) the Architect and Architect’s consultants; and (3) subcontractors, agents, and employees, each of th-The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub 11.3.1 § 11.3 Waivers of Subrogation § ner of any contractual obligation to provide required insurance.shall not relieve the Owinsurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the by the subcontractors to the extent any loss to the Owner would have been covered-Subcontractors, and SubTime and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, the Owner or the Contractor; (2) the Contract has been cured by the procurement of replacement coverage by eitherContractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage e in coverage arises from an act or omission of the Contractor: (1) the cancellation or expiration. Unless the laps, the Owner shall provide notice to the Contractor of such impending or actual required by the Contract Documents insurance propertyOwner becomes aware of an impending or actual cancellation or expiration of any of the date theWithin three (3) business days Insurance.Property 11.2.3 Notice of Cancellation or Expiration of Owner’s Required § costs and damages attributable thereto.he required insurance, the Owner shall reimburse the Contractor for all reasonable Owner to purchase or maintain tOrder. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the ance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change insursubcontractors to the extent the loss to the Owner would have been covered by the -Subcontractors, and Subadjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Contract Time shall be equitably failure to provide coverage has been cured or resolved, the Contract Sum and Subcontractors in the Work. When the -that will protect the interests of the Contractor, Subcontractors, and Subractor may delay commencement of the Work and may obtain insurance receipt of notice from the Owner, the ContContract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the y propertthe required and maintain If the Owner fails to purchase 11.2.2 Failure to Purchase Required Property Insurance. § companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. n insurance company or insurance Documents. The Owner shall purchase and maintain the required insurance from aendorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract insurance of the types and limits of liability, containing the The Owner shall purchase and maintain 2.1 11. § Insurance Owner’s 11.2 § shall not relieve the Contractor of any contractual obligation to provide any required coverage.of replacement coverage by the Contractor. The furnishing of notice by the Contractor cured by the procurement 36 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 131 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, established under Sectionhe Work or designated portion thereof or after the date for commencement of warranties Substantial Completion of t3.5, if, within one year after the date of In addition to the Contractor’s obligations under Section 12.2.2.1 § 12.2.2 After Substantial Completion § shall be at the Contractor’s expense.es and expenses made necessary thereby, uncovering and replacement, and compensation for the Architect’s servic completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of d before Substantial Completion and whether or not fabricated, installed or the Contract Documents, discovereThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of 12.2.1 Before Substantial Completion § 12.2 Correction of Work § ion, shall be at the Contractor’s expense.Documents, the costs of uncovering the Work, and the cost of correctthe Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract act Documents, the Contractor shall be entitled to an equitable adjustment to Work is in accordance with the Contrto its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such rtion of the Work has been covered that the Architect has not specifically requested to examine prior If a po 12.1.2 § Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the equirements specifically If a portion of the Work is covered contrary to the Architect’s request or to r 12.1.1 § 12.1 Uncovering of Work § WORK OF CORRECTION AND UNCOVERING 12 ARTICLE the damaged or destroyed Work.ssue a Construction Change Directive for the reconstruction of Pending resolution of any dispute, the Owner may iContractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. eds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and allocation of the proceallocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount e Owner and if no other agreement is made or the Owner does not terminate the Contract for convenience, thOwner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, settlement and allocation. Upon receipt, the the Owner shall settle the loss and the Contractor shall be bound by the receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, he insurance proceeds. The Contractor shall have 14 days from settlement as well as the proposed allocation of tPrior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed .24511. § ntractor shall make payments to their consultants and Subcontractors in similar manner.Architect and CoContractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and may appear, subject to fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as A .14511. § Loss Insured of Settlement and Adjustment 4 5§11. fire or other hazards however caused.Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to property, or the inability to conduct normal operations, due to fire or other causes of loss. The use of the Owner’sThe Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of Insurance Completion in Delay and Interruption, Business Use, of Loss 411. § this separate property insurance.covered by 11.3.1 for damages caused by fire or other causes of loss rights in accordance with the terms of Sectioninsuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all licy or policies other than those payment property insurance is to be provided on the completed Project through a poadjacent to the site by property insurance under policies separate from those insuring the Project, or if after final ner insures properties, real or personal or both, at or If during the Project construction period the Ow 3 2 37 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 132 itate the assignment.The Contractor shall execute all consents reasonably required to facil financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. the Contractor, assign the Contract to a lender providing construction The Owner may, without consent of 13.2.2 § legally responsible for all obligations under the Contract.other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain a whole without written consent of the 13.2.2, neither party to the Contract shall assign the Contract as in Sectionrepresentatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided bind themselves, their partners, successors, assigns, and legal The Owner and Contractor respectively 13.2.1 § 13.2 Successors and Assigns § .15.4 Arbitration Act shall govern Sectionchoice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal t jurisdiction’s , excluding thaThe Contract shall be governed by the law of the place where the Project is located 13.1 Governing Law § PROVISIONS MISCELLANEOUS 13 ARTICLE iate and equitable. Such adjustment shall be effected whether or not final payment has been made.approprOwner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Nonconforming Work12.3 Acceptance of § Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the ct Documents the Work, and has no relationship to the time within which the obligation to comply with the Contra12.2.2 relates only to the specific obligation of the Contractor to correct correction of Work as described in Sectionyear period for -ablishment of the oneother obligations the Contractor has under the Contract Documents. Est12.2 shall be construed to establish a period of limitation with respect to Nothing contained in this Section 12.2.5 § ot in accordance with the requirements of the Contract Documents.Work that is n Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or 12.2.4 § ed by the Owner.requirements of the Contract Documents and are neither corrected by the Contractor nor acceptThe Contractor shall remove from the site portions of the Work that are not in accordance with the 12.2.3 § 12.2. to this Sectionrmed by the Contractor pursuant year period for correction of Work shall not be extended by corrective Work perfo-The onethat corrective work shall be extended for one (1) year from the date the Corrective Work was completed.formed during the Correction Period, the Correction Period for With respect to any corrective work per 12.2.2.3 § completion of that portion of the Work.performed after Substantial Completion by the period of time between Substantial Completion and the actual shall be extended with respect to portions of Work first year period for correction of Work-The one 12.2.2.2 § 2.5. accordance with Sectiona reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in Contractor fails to correct nonconforming Work within If theContractor and to make a claim for breach of warranty. Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the period for correction of Work, if the Owner fails to notify the Contractor and give the year -During the condition. tice promptly after discovery of the Contractor a written acceptance of such condition. The Owner shall give such noshall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the the requirements of the Contract Documents, the Contractor any of the Work is found to be not in accordance with 38 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 133 or must Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13, and Contract maintained, or disseminated by Contractor in performing this contract is subject to the requirements of the the data created, collected, received, stored, used, Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of Data Practices 13.7 § ix (6) years after final payment.records for a minimum of sexamination by the Owner and the state auditor for a minimum of six (6) years. Contractor shall maintain such accounting procedures and practices of Contractor, that are relevant to the Contract or transaction, are subject to and Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Contractor agrees that the books, records, documents Availability and Retention—Record Keeping 13.6 § .reof, at the legal rate prevailing from time to time at the place where the Project is locatedin the absence theContract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, Payments due and unpaid under the rate for payments due but unpaid shall be four percent (4.00%) per annumthe interest All payments to the Contractor shall be governed by the Prompt Payment Act, provided, however, that Interest 13.5 § unreasonable delay in the Work.Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid § Architect will do so promptly and, where practicable, at the normal place of testing.If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the 13.4.5 § the Contractor and promptly delivered to the Architect.Documents, be secured by Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract 13.4.4 § shall be at the Contractor’s expense.ated procedures and compensation for the Architect’s services and expenses, by such failure, including those of repeportions of the Work to comply with requirements established by the Contract Documents, all costs made necessary procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the § 13.4.3, shall be at the Owner’s expense. costs, except as provided in Sectionwhen and where tests and inspections are to be made so that the Architect may be present for such procedures. Such hall give timely notice to the Architect of by an entity acceptable to the Owner, and the Contractor s ,or approvalauthorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, 13.4.1, the Architect will, upon written not included under Section additional testing, inspection, or approvalIf the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require 13.4.2 § .applicable laws or regulations so require approvals where building codes ornspections, or ived or negotiations concluded. The Owner shall directly arrange and pay for testsafter bids are rece, inspections, or approvals that do not become requirements until he Owner shall bear costs of testsprocedures. Tthe Architect may be present for such timely notice of when and where tests and inspections are to be made so thatauthority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect y acceptable to the Owner, or with the appropriate public approvals with an independent testing laboratory or entitauthorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and e laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public Documents and by applicablTests, inspections, and approvals of portions of the Work shall be made as required by the Contract 13.4.1 § 13.4 Tests and Inspections § breach thereunder, except as may be specifically agreed upon in writing.acquiescence in a afforded them under the Contract, nor shall such action or failure to act constitute approval of or No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty 13.3.2 § by law.wise imposed or available shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherDuties and obligations imposed by the Contract Documents and rights and remedies available thereunder 13.3.1 § 13.3 Rights and Remedies § 39 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 134 of the Contractor and may, subject to any prior rights of the surety:, terminate employment Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice the Owner may, without prejudice to any other rights or remedies of the sufficient cause exists to justify such action, d upon certification by the Architect that anWhen any of the reasons described in Section 14.2.1 exist, 14.2.2 § otherwise is guilty of substantial breach of a provision of the Contract Documents. .4 orders of a public authority; ors, statutes, ordinances, codes, rules and regulations, or lawful repeatedly disregards applicable law .3 ;uppliersor s between the Contractor and the Subcontractorsfails to make payment to Subcontractors or suppliers in accordance with the respective agreements .2 ly enough properly skilled workers or proper materials;repeatedly refuses or fails to supp .1 The Owner may terminate the Contract if the Contractor 14.2.1 § 14.2 Termination by the Owner for Cause § 14.1.3. Sectionthe Owner and the Architect, terminate the Contract and recover from the Owner as provided in days’ notice to Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract performing subcontractor, or their agents or employees or any other persons or entities -Subcontractor, a SubIf the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a 14.1.4 § . incurred by reason of such termination costs, and as well as reasonable overhead and profit on Work not executed, notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ Section If one of the reasons described in 14.1.3 § day period, whichever is less.-in any 365constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days 14.3, ntire Work by the Owner as described in Sectionrepeated suspensions, delays, or interruptions of the esubcontractor, their agents or employees, or any other persons or entities performing portions of the Work, -terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a The Contractor may 14.1.2 § . The Owner has failed to furnish to the Contractor reasonable evidence as required by Section .4 ; ormade payment on a Certificate for Payment within the time stated in the Contract Documentscause the Owner has not 9.4.1, or be the reason for withholding certification as provided in SectionBecause the Architect has not issued a Certificate for Payment and has not notified the Contractor of .3 or stopped;eclaration of national emergency, that requires all Work to be An act of government, such as a d .2 be stopped;Issuance of an order of a court or other public authority having jurisdiction that requires all Work to .1 other persons or entities performing portions of the Work, for any of the following reasons:or any subcontractor, their agents or employees,-through no act or fault of the Contractor, a Subcontractor, a SubThe Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days 14.1.1 § 14.1 Termination by the Contractor § TCONTRAC THE OF SUSPENSION OR TERMINATION 14 ARTICLE incorporated into this contract.Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said section are Contractor agrees to be bound by the provisions of in a local civil rights commission, disability or age. The national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity d during employment, without regard to their race, color, creed, religion, are selected, and that employees are treatePursuant to Minnesota Statutes, Section 181.59, the Contractor will take affirmative action to ensure that applicants Discrimination-Non 13.8 § from the Owner, except as required by the terms of this contract. data are available13.08 apply to Contractor. Contractor does not have a duty to provide access to public data to the public if the public comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 40 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 135 hin ten (10) days following the notice.stop work if payment is not made by the Owner witdays of the approval for payment by the Owner, the Contractor may upon ten (10) days written notice to the Owner, een approved for payment by the Owner, and the Owner fails to make payment within sixty (60) for Payment has bThe Contractor must diligently proceed with the Work pending resolution of the Claim. If, however, an Application Contractor’s entitlement to payment, the Contractor’s only remedy is to file a Claim in accordance with Article 15. ving the payment. In the event of any disagreement between the Contractor and Owner invol-consequence of nonThe Contractor has no right to stop Work of its Subcontractors or allow them to stop Work as a 14.5.1 § PAYMENT-14.5 NO RIGHT TO STOP WORK FOR NON § ement.and the termination fee, if any, set forth in the Agre Subcontracts;termination, including costs attributable to termination of costs incurred by reason of the executed; properly ion for the Owner’s convenience, the Owner shall pay the Contractor for Work In case of such terminat 14.4.3 § and purchase orders.notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts except for Work directed to be performed prior to the effective date of termination stated in the .3 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; .2 cease operations as directed by the Owner in the notice; .1 shall he Owner of such termination for the Owner’s convenience, the Contractor Upon receipt of notice from t 14.4.2 § The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. 14.4.1 § 14.4 Termination by the Owner for Convenience § t is made or denied under another provision of the Contract.that an equitable adjustmen .2 for which the Contractor is responsible; orby another cause ,or interrupted ,so suspended, delayed ,or would have been ,that performance is, was .1 adjustment shall be made to the extentContract Sum shall include profit. Adjustment of the 14.3.1. or interruption under Section ,suspension, delayThe Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by 14.3.2 § whole or in part for such period of time as the Owner may determine. ,The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work 14.3.1 § 14.3 Suspension by the Owner for Convenience § survive termination of the Contract.application, and this obligation for payment shall may be, shall be certified by the Initial Decision Maker, uponthe Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case paid to the Contractor. If such costs and damages exceed the unpaid balance, expressly waived, such excess shall be the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for 414.2. § not be entitled to receive further payment until the Work is finished.14.2.1, the Contractor shall When the Owner terminates the Contract for one of the reasons stated in Section 14.2.3 § incurred by the Owner in finishing the Work.of the costs request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written .3 5.4; and Accept assignment of subcontracts pursuant to Section .2 actor;construction equipment and machinery thereon owned by the ContrExclude the Contractor from the site and take possession of all materials, equipment, tools, and .1 41 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 136 and had an adverse effect on the scheduled construction. ,been reasonably anticipateddocumented by data substantiating that weather conditions were abnormal for the period of time, could not have laim for additional time, such Claim shall be If adverse weather conditions are the basis for a C 15.1.6.2 § delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.hall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of Section 15.1.3 sIf the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in 15.1.6.1 § 15.1.6 Claims for Additional Time § 10.4. r Claims relating to an emergency endangering life or property arising under Sectionnotice is not required fo15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice as provided in Section written If the Contractor wishes to make a Claim for an increase in the Contract Sum, Cost Additional for Claims 15.1.5 § Certificates for Payment in accordance with the decision of the Initial Decision Maker.decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue on Maker’s The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decisi.2 15.1.4 § continue to make payments in accordance with the Contract Documents. actor shall proceed diligently with performance of the Contract and the Owner shall and Article 14, the Contr9.7 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 15.1.4.1 § Performance Contract Continuing 15.1.4 § y. In such event, no decision by the Initial Decision Maker is required.other part12.2.2, shall be initiated by notice to the after expiration of the period for correction of the Work set forth in SectionClaims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered 15.1.3.2 § requestcosts actually incurred and such substantiation shall be made within a reasonable time to be entitled to the relief claim for additional costs, the Contractor shall maintain and produce accurate records to substantiate all additional on to making a As a conditi first recognizes the condition giving rise to the Claim, whichever is later.Contractor claimant initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the under this Section 15.1.3.1 shall be the Contractoreither partynot serving as the Initial Decision Maker. Claims by and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is Ownerother partynotice to the ittenwr 12.2.2, shall be initiated by prior to expiration of the period for correction of the Work set forth in SectionContractor, where the condition giving rise to the Claim is first discovered Owner or Claims by either the 15.1.3.1 § 15.1.3 Notice of Claims § .15.1.2 Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section, but in any case not more than 10 years after the date of Substantial Completion of the Work. The by applicable lawperiod specified timeherequirements of the binding dispute resolution method selected in the Agreement and within tthe related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with auses of action against the other and arising out of or cClaims and The Owner and Contractor shall commence all Claims on Limits Time 15.1.2 § right to make Claims related to or arising out of the Contract.Nothing in this paragraph 15.1.1 is intended to apply to or in any way limit the Owner’s act Documents.the Contramages in accordance with diquidated lSection 15.1.1 does not require the Owner to file a Claim in order to impose . This Contractorparty making the ClaimThe responsibility to substantiate Claims shall rest with the Contract. f or relating to the includes other disputes and matters in question between the Owner and Contractor arising out o The term “Claim” also change in the Contract Time, or other relief with respect to the terms of the Contract. seeking, as a matter of right, payment of money, a tContractorone of the partiesA Claim is a demand or assertion by Definition 15.1.1 § 15.1 Claims § DISPUTES AND 15 ARTICLE 42 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 137 15.2.6.1. party may file for mediation of an initial decision at any time, subject to the terms of SectionEither surety and request the surety’s assistance in resolving the controversy.may, but is not obligated to notify the any, of the nature and amount of the claim. If the claim relates to a possibility of a Contractor’s default, the Owner of a claim against the Contractor, the Owner may, but is not obligated to notify the surety, if In the event 15.2.6 § dispute resolution.on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding in the Contract Sum or Contract Time or both. The initial decision shall be final and binding Maker, of any change the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision nitial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state that the IThe Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating 15.2.5 § in whole or in part.the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim receipt of or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon ,data will be furnishedresponse on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting ther (1) provide a supporting data, such party shall respond, within ten days after receipt of the request, and shall eiIf the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional 15.2.4 § such persons at the Owner’s expense.Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention information from either party or from persons with special knowledge or expertise who may assist the Initial obligated to, consult with or seek In evaluating Claims, the Initial Decision Maker may, but shall not be 15.2.3 § Maker to resolve the Claim.concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision if the Initial Decision Maker Decision Maker lacks sufficient information to evaluate the merits of the Claim orcompromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial in whole or in part, (3) approve the Claim, (4) suggest a supporting data from the other party, (2) reject the Claim or a response with Contractor claimant more of the following actions: (1) request additional supporting data from the r will review Claims and within ten days of the receipt of a Claim take one or The Initial Decision Make 15.2.2 § Contractor and persons or entities other than the Owner.Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the a decision having been rendered. Unless the Claim may demand mediation and binding dispute resolution withoutrendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the tion precedent to mediation of any Claim. If an initial decision has not been decision shall be required as a condi15.2.1, an initial unless otherwise indicated in the Agreement. Except for those Claims excluded by this Sectionthe Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, be referred to12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall the period for correction of the Work set forth in SectionClaims, excluding those where the condition giving rise to the Claim is first discovered after expiration of 15.2.1 § ion15.2 Initial Decis § amages, when applicable, in accordance with the requirements of the Contract Documents.diquidated l15.1.7 shall be deemed to preclude assessment of in accordance with Article 14. Nothing contained in this Section party’s termination This mutual waiver is applicable, without limitation, to all consequential damages due to either except anticipated profit arising directly from the Work. ,personnel stationed there, for losses of financing, business and reputation, and for loss of profitdamages incurred by the Contractor for principal office expenses including the compensation of .2 such persons; andbusiness and reputation, and for loss of management or employee productivity or of the services of sses of use, income, profit, financing, damages incurred by the Owner for rental expenses, for lo .1 this Contract. This mutual waiver includesThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to Damages Consequential for Claims of verWai 15.1.7 § 43 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 138 uitable proceedings based on the Claim.legal or eqwritten demand for arbitration by the person or entity administering the arbitration shall constitute the institution of on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings basA demand for arbitration shall be made no earlier than concurrently with the filing of a request for 15.4.1.1 § permitted to be demanded.that party on which arbitration is arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to ing, delivered to the other party to the Contract, and filed with the person or entity administering the made in writwhere the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place ts Construction agree otherwise, shall be administered by the American Arbitration Association in accordance with iClaim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually dispute resolution in the Agreement, any If the parties have selected arbitration as the method for binding 15.4.1 § 15.4 Arbitration § mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.other location is mutually agreed upon. Agreements reached in place where the Project is located, unless an The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the § dispute resolution proceedings with respect to the initial decision.their rights to binding file for binding dispute resolution within 60 days after receipt thereof, then both parties waiveIf such a demand is made and the party receiving the demand fails to other party file for binding dispute resolution.the dispute, demand in writing that the dispute or 60 days after mediation has been demanded without resolution of Either party may, within 30 days from the date that mediation has been concluded without resolution of the § rbitrator(s) and agree upon a schedule for later proceedings.to the selection of the a15.3.2, the parties may nonetheless proceed parties or court order. If an arbitration is stayed pursuant to this Sectioniation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, administering the mediation. writing, delivered to the other party to the Contract, and filed with the person or entityIndustry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in ration Association in accordance with its Construction otherwise, shall be administered by the American ArbitThe parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree 15.3.2 § shall be subject to mediation as a condition precedent to binding dispute resolution. ,and 15.1.7except those waived as provided for in Sections 9.10.4, 9.10.5, ,controversy arising out of or related to the ContractClaims, disputes, or other matters in jurisdiction.proper enforceable as settlement agreements in any court having y shall be mutually agreed upon. Agreements reached in mediation and ratified by the Owner’s governing bod ediation shall be held in the place where the Project is located unless another location is Mand any filing fees. parties shall share equally the mediator’s fee parties agree to mediate before any dispositive motions or trial. The to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the estion or arising out of or related to this Agreement shall be subject Any claim, dispute or other matter in qu 15.3.1 § 15.3 Mediation § accordance with applicable law to comply with the lien notice or filing deadlines.a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in If 15.2.8 § may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner surety, if In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the § dispute resolution proceedings with respect to the initial decision.t thereof, then both parties waive their rights to mediate or pursue binding mediation within 30 days after receipfile for mediation. If such a demand is made and the party receiving the demand fails to file for other party in writing that the Either party may, within 30 days from the date of receipt of an initial decision, demand 15.2.6.1 § 44 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 139 Owner and Contractor under this Agreement.y joinder or consolidation, the same rights of joinder and consolidation as those of the 15.4, whether b this SectionThe Owner and Contractor grant to any person or entity made a party to an arbitration conducted under 15.4.4.3 § consent.te consent to arbitration of any claim, dispute or other matter in question not described in the written constituconsents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined law or fact whose party may include by joinder persons or entities substantially involved in a common question ofSubject to the rules of the American Arbitration Association or other applicable arbitration rules, either 15.4.4.2 § and methods for selecting arbitrator(s). similar procedural rulesto be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially ded that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations proviparty may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either 15.4.4.1 § on or Joinder 15.4.4 Consolidati § having jurisdiction thereof.shall be specifically enforceable under applicable law in any court ,duly consented to by parties to the Agreementreement to arbitrate and other agreements to arbitrate with an additional person or entity The foregoing ag 15.4.3 § accordance with applicable law in any court having jurisdiction thereof.The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in 15.4.2 § 45 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 140 collaboration, and space utilizationciency, Transit into a campus environment for increased efficonsolidate Public Works, Parks & Forestry, and Public Transit Operations Center (PWTOC) and will serve to will be relocated to the current location of the Public Works The Parks and Forestry department Forestry Department.remodeling associated with the relocation of the Parks and The project consists of new construction and Deleted: Project (CIP #3069)City of Rochester Parks and Forestry Relocation Deleted: Superscript Formatted: The Owner and Construction Manager agree as follows. « » » Rochester, MN 55901« » 3416 Lakeridge Pl. NW« »« » Salas O’Brien« )and other information ,legal status, address(Name, The Architect: « » » . be carbon neutral by 2030.goals to ’to further the Cities nter, Art Center, Civic Theatre, and LibraryMayo Civic Cel convert the to 130 degree heating water. This phase wil equipment from 180 degreefor the heating and cooling source while also converting the installation geothermalaquifer based completes the the use of geothermal wells. This phase of the projectneutral through City of Rochester downtown buildings to be electrified and carbonthe convertThe DBET II project is the second phase of a downtown energy transition to « » CIP #1037 –) II –(DBET Phase II –r Downtown Building Energy Transition Rocheste« ), and detailed descriptionlocation ,(Name for the following Project: « » » 2Rochester, MN 5590« » Avenue SW nd 502 2« »« » Construction Company Anderson-Kraus« )and other information ,addresslegal status, (Name, and the Construction Manager: » 2900-328-507« » Rochester, MN 55904« » Street SE th 201 4« »« » City of Rochester « )and other information ,legal status, address(Name, the Owner: BETWEEN and year.) ,words, indicate day, month (In » 0242«in the year » April«day of » 22nd«made as of the AGREEMENT this document.the footer of as set forth in violation of copyright laws prohibited and constitutes a to another electronic file is Document portion of this AIAof any ELECTRONIC COPYING document is modified.conditions unless this with other general by reference. Do not use is adopted in this document ract for Construction, ContGeneral Conditions of the 2017, –AIA Document A201™ or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1953318518) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®mentstime use only, and may only be used in accordance with the AIA Contract Docu-is licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis merican Institute of Architects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The A“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – AIA Document A133 Guaranteed Maximum PriceCost of the Work Plus a Fee with a where the basis of payment is the Manager as ConstructorStandard Form of Agreement Between Owner and Construction 2019 – ®Document A133 ®AIA 141 TBD Deleted: The Project’s physical characteristics: 1.1.2 § » .by the Cityto the Construction Manager that will be provided adhere to the requirements for each respective funding source lshal. The Construction Manager Congressionally directed spendingMedical Center, Inflation Reduction Act rebates, and through the City of Rochester, Destination will be funde $7,500,000 (not including owner supplied equipment) andbudget is The project status. exempt-sales tax the Cities’ to capitalize on ,for the projectto the Construction Manager furnishing the equipment The Owner will be system upgrades and associated renovations required to access the work., including control heating system based-wateroperate with the new equipment with new coilsmechanical existing retrofitting the equipment or mechanical providing new new piping ,but is not limited to ,Center. The project includesfor the Civic Center, Library, Civic Theatre, and Art em provide a fully electrified heating and cooling syst conversion toand equipment , new heat pumps, piping,wells geothermalaquifer based providingThe program will include « which the program will be developed.)e Owner’s program, or state the manner in (Insert the Owner’s program, identify documentation that establishes th :as described in Section 4.1.1 ,The Owner’s program for the Project 1.1.1 § execution.”)section, insert the information or a statement such as “not applicable” or “unknown at time of (For each item in this This Agreement is based on the Initial Information set forth in this Section 1.1. 1.1 § INFORMATION INITIAL 1 ARTICLE INSURANCE AND BONDS BEXHIBIT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT SCOPE OF THE AGREEMENT 15 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION 13 DISPUTE RESOLUTION 12 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 11 ACCOUNTING RECORDS 10 SSUBCONTRACTS AND OTHER AGREEMENT 9 DISCOUNTS, REBATES, AND REFUNDS 8 OF THE WORK FOR CONSTRUCTION PHASECOST 7 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 5 OWNER’S RESPONSIBILITIES 4 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 GENERAL PROVISIONS 2 INITIAL INFORMATION 1 ARTICLES OF TABLE 2 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 142 shall Deleted: Beyond (B3) guidelines ngs, Benchmarks, andState of Minnesota Buildi Deleted: TBD Deleted: TBD Deleted: 0.5" at Not Tab Left: Indent: Text, Body Agreement AIA Formatted:2026Fall Deleted: pring 2025 Deleted: 4202 November Deleted: 0 Deleted: Deleted: current facility. 741334083465 (Lot B) directly to the east of the and (Lot A)Parcels 741334083464 purchase of g theconsiderincurrently this project and to plan for future growth, the City is and County Road 22 loop. In order to support the needs of bus wash. It is located between Highway 52, Highway 63, vehicles, a fueling station, fueling island, wash bay, and a city Works, Rochester Public Transit, maintenance bays for building currently provides space for Rochester Public 35 acres with additional unheated accessory structures. The 355,486 square foot facility that is located on approximately on East River Road is a The existing PWTOC Deleted: .the Sustainable Objective2019 into the agreements with the consultants and contractors performing services or Work in any way associated with –rporated into this agreement, the Owner and Construction Manager shall incorporate the completed E2342019 is inco–into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, –incorporate AIA Document E234™complete and mayIf the Owner identifies a Sustainable Objective, the Owner and Construction Manager 1.1.6.1 § »N / A« Identify and describe the Owner’s Sustainable Objective for the Project, if any.)( The Owner’s anticipated Sustainable Objective for the Project: 1.1.6 § »adjusted based upon the final duration of the Work. y need to be ion of the project and the lump sum for Site Services mathe duratCivic Theater, and Art Center. As such, construction work will need to be coordinated around the event schedules at the Mayo Civic Center, Library, The « scheduling or phased construction.)track -(Identify any requirements for fast :are set forth below ,track scheduling, or phased construction-The Owner’s requirements for accelerated or fast 1.1.5 § » April 25, 2024 –95% Construction Documents « Other milestone dates: .4 » .compensationand ctified by a change order to the Site Services durationfinal scope of work, which will be remay take longer due to event scheduling and the Owner recognizes that construction – May 31, 2025« Substantial Completion date or dates: .3 »3, 2024 or sooner as coordinated with the Owner.eptember S« Construction commencement date: .2 »une 5, 2024JDesign completion: « Design phase milestone dates, if any: .1 design and construction milestone dates: The Owner’s anticipated 1.1.4 § »lump sum for Site Services.justment to the Work may take longer which would require an adSeptember 3, 2024 through May 31, 2025 and it is acknowledged that the based upon a construction duration from This proposal is also erviceSite Swithout any adjustment to the lump sum proposal for % -budget may vary + / . This , not including the cost of Owner furnished equipment00,0005,7 The Owner’s budget for construction is $ breakdown.)(Provide total and, if known, a line item :Article 6, as defined in Guaranteed Maximum Price The Owner’s budget for the 1.1.3 § »Rochester, MN 55904.Street SE, 2 101public library is located at . The respectively and 20 Civic Center Drive SE, Rochester MN, 55904 , Rochester, MN 55904are located at 30 Civic Center Drive SE Civic Theatreand , Art Center, CenterThe Mayo Civic « and private utilities and services; legal description of the site, etc.)dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public characteristics, such as size; location; (Identify or describe pertinent information about the Project’s physical 3 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 143 TBD Deleted: D Deleted: Deleted: Deleted: Deleted: Deleted: TBD Deleted: TBD Deleted: (List name, address, and other contact information.) representative:’s ArchitectThe 11.1.1 § »TBD -Independent Testing and Inspection TBD –Commissioning Agent « (List any other consultants retained by the Owner, such as a Project or Program Manager.) Other, if any: .3 « » « » »Rochester, MN 55901« »Lakeridge Pl. NW3416 « »« »Salas O’Brien« Civil Engineer: .2 » « »« » « » « »« »N / A« Geotechnical Engineer: .1 (List name, legal status, address, and other contact information.) The Owner shall retain the following consultants and contractors: 101.1. § »TBD« information.)contact (List name, address and other ’s submittals to the Owner are as follows:ManagerConstruction The persons or entities, in addition to the Owner’s representative, who are required to review the 1.1.9 § « » « » » » sramsey@rochestermn.gov 2026-328-«507 » , Facilities ConsultantScot Ramsey « » »« zwood@rochestermn.gov 2027 »-328-« 507 « Rochester, MN 55904 » Street SE » « 201 4 Zack Wood, Manager of Facilities and Property » « information.)contact her and ot ,(List name, address :4.2The Owner identifies the following representative in accordance with Section 1.1.8 § » Cost of the Work.plied to the final 0%) to be ap6Fifths of One Percent (0. hreeTPayment and Performance bonds shall be provided at final Cost of the Work.to be applied to the (0. Tenths of One Percent Nine-NinetyGeneral liability insurance shall be charged at a rate of « (Identify special characteristics or needs of the Project not provided elsewhere.) ther Project information:O 1.1.7 § 4 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 144 s Deleted: subcontractor Deleted: TBD Deleted: Deleted: Superscript Formatted:TBD Deleted: Deleted: TBD Deleted: other Contract Documents, other than a Modification, is inconsistent with this Agreement, this thing in theoral. If anyagreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or . The Contract represents the entire and integrated 8Architect and furnished by the Owner as described in Section the and revisions prepared by described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment roposal, the Contract Documents will also include the documentsp Construction Manager’s Guaranteed Maximum Price pon the Owner’s acceptance of the U .attached to this Agreement or repeated herein fully a part of the Contract as ifall of which form the Contract and are as ,this Agreement, and Modifications issued after execution of this Agreementement, other documents listed in Conditions), Drawings, Specifications, Addenda issued prior to execution of this AgreContract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other The Documents Contract 2 § PROVISIONS GENERAL 2 ARTICLE notice to the other party.Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior 1.3 § construction milestones, as necessary, to accommodate material changes in the Initial Information.ted design and Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipaadjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The the Construction Manager shall appropriately such information may materially change and, in that event, the Owner andThe Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that 1.2 § » .March 19, 2024dated March 4, 2024 and modified by Addendum #1 dated for Qualifications and Request for Proposal Owner’s Request Agreement is based: Other Initial Information on which th 51.1.1 § » meet the stated goals in the Request for Proposal.work to to and outreach utilizationTargetted business « ).for subcontractor procurement specific requirements-Owner(List any :.comply with Minnesota Statutes, Section 471.463, subd. 5(b)to the Project RFP and response submitted in process subcontractor procurement described Construction Manager’s incorporateshall the Workfor the performance of of Subcontractor(s) procurement Construction Manager’s The Owner’s requirements for 4 1.1.1 § »outlined in the Request for Proposal and as outlined in this Agreement.cifically speonstruction phase services as Prec« specific requirements to be included in the staffing plan.)-(List any Owner required under Section 3.1.9:The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as 3 1.1.1 § « » »8690-2-507« »2Rochester, MN 5590« » Avenue SW 502 2« »Anderson Construction Company-Kraus« »Mike Stafford« information.)contact and other , (List name, address :Article 3identifies the following representative in accordance with Construction ManagerThe 21.1.1 § »megan.oelze@salasobrien.com« » 7004-395651« »Rochester, MN 55901« »3416 Lakeridge Pl. NW« »O’Brien Salas « »Megan Oelze« 5 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 145 cycle -construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, lifeand factors related to rication; prefab ;time requirements for procurement, installation and construction ;laboravailability of materials and ;on constructability , consistent with the Project requirements,to the Owner and Architect Construction Manager shall also provide recommendationsThe and equipment. ,selection of materials, building systemsThe Construction Manager shall advise the Owner and Architect on proposed site use and improvements, 3.1.3.2 § on, and scheduling of the Work.matters as procedures, progress, coordinatisuch The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss 3.1.3.1 § Consultation 3.1.3 § ts, each in terms of the other.construction budget requiremen preliminary evaluation of the Owner’s program, schedule and The Construction Manager shall provide a .2.13 § known to the Construction Manager as a request for information in such form as the Architect may require.ion Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made Constructapplicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with Maximum Price. The or guarantee estimates and schedules except as may be included as part of the GuaranteedThe Construction Manager, however, does not warrant .Construction Managerservices and information furnished by the , and timelinesscompleteness ,the accuracy for, , and shall not be responsibleArchitect shall be entitled to rely onOwner and The performing its Preconstruction Services. The Construction Manager shall exercise reasonable care in Responsibility of 3.1.1 Extent § Phase .1 Preconstruction3 § .he Projectbehalf of the Construction Manager with respect to tThe Construction Manager shall identify a representative authorized to act on both phases will proceed concurrently. ,ion Phase to commence prior to completion of the Preconstruction Phase, in which caseArchitect, for the ConstructThe Owner and Construction Manager may agree, in consultation with the .3. 3responsibilities are set forth in Section s Construction Phase ’. The Construction Manager2017 referenced in Section 2.3.1-applicable provisions of A201, and in the 3.1 and 3s Preconstruction Phase responsibilities are set forth in Sections ’Construction ManagerThe RESPONSIBILITIES MANAGER’S CONSTRUCTION 3 ARTICLE .the Construction Manager7 shall mean 1–as used in A201 ”Contractor“he term which document is incorporated herein by reference. Tmodified as 7, 1–For the Construction Phase, the general conditions of the contract shall be as set forth in A201 2.3.2 § .7 shall mean the Construction Manager1–as used in A201 ”Contractor“he term TInformation; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law4, Confidential Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.ts; Section 1.7, Digital as follows: Section 1.5, Ownership and Use of Documenshall apply as modified, Construction, 7, General Conditions of the Contract for 1–For the Preconstruction Phase, AIA Document A201™ 2.3.1 § Conditions .3 General2 § .rements of the Contract Documentsin accordance with the requitimely manner, information required by the Construction Manager and to make payments to the Construction Manager s interests. The Owner agrees to furnish or approve, in a ’editious and economical manner consistent with the Ownerexpsupervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an and ,furthering the interests of the Owner to furnish efficient construction administration, management servicess skill and judgment in ’gerwith the Owner to cooperate with the Architect and exercise the Construction ManaConstruction Manager accepts the relationship of trust and confidence established by this Agreement and covenants The Parties the of .2 Relationship2 § her relevant service.responsibilities, capabilities, staffing, schedule or ot Manager’s response to the Request for Proposals shall apply to remove the ambiguity as to Construction Manager’s g the responsibilities of Construction Manager in the Contract Documents, Construction If any ambiguity exists regardin An enumeration of the Contract Documents, other than a Modification, appears in Article 15.Agreement shall govern 6 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 146 attached to this Agreement.Construction Manager as Constructor Edition, , Sustainable Projects Exhibit, 9201–4™3responsibilities as required in AIA Document E2Preconstruction Phase fulfill its Construction Manager shall If the Owner identified a Sustainable Objective in Article 1, the § review and approval.ervices for the Owner’s Phase sfor Preconstruction The Construction Manager shall provide a staffing plan 9.1.3 § roject facilities.temporary P , andservices ,regarding equipment, materialsThe Construction Manager shall provide recommendations and information to the Owner and Architect 8.1.3 § s approval.’s review and the Owner’for the Architectschedules andconstructability ardingregrecommendations Construction Documents, the Construction Manager shall consult with the Owner and Architect and make As the Architect progresses with the preparation of the Schematic Design, Design Development and 7.1.3 § .reconcile the cost estimatesthe Architect shall work together to between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists If 6.3.1.3 § .and make recommendations for corrective actionthe latest approved Project budget sexceedthe Work in the event that the estimate of the Cost of the Owner and Architect informapproval. The Construction Manager shall ’review and the Owner’estimate shall be provided for the Architect. The rice for the WorkPGuaranteed Maximum until such time as the Owner and Construction Manager agree on a price escalation, and market conditions,e costs to allow for the further development of the design, The Construction Manager shall include in the estimate thosincreasing detail and refinement withestimate of the Cost of the Work an Owner, Construction Manager and Architect, on Manager shall prepare and update, at appropriate intervals agreed to by the Construction Documents, the Constructithe Architect progresses with the preparation of the Schematic Design, Design Development and As .26.1.3 § .evaluations of those alternative materials and systemssystems, the Construction Manager shall provide cost alternative materials and ssuggestConstruction Manager or or similar conceptual estimating techniques. If the Architect ,program requirements using area, volumecost of the preliminary estimates of the Cost of the Work or ,s approval’Ownerthe review and s’for the Architect ,shall prepareand other design criteria prepared by the Architect, the Construction Manager preliminary design the Based .16.1.3 § Estimates Cost 6.1.3 § .procurement and construction scheduling issuesand ,for temporary facilitiesshall take into consideration cost reductions, cost information, constructability, provisions phased construction. The Construction Manager sequencing for andtrack scheduling, procurement, -accelerated or fastshall provide recommendations with regard to , in consultation with the Architect,Construction ManagerThe Construction 5.1.3 § .and the occupancy requirements of the Owner; ordering and delivery of products, including those that must be ordered in advance of construction; Subcontractor each Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required ofs timely completion. The updated Project schedule shall include the following: submission of the ’the Projectitems that affect identifyand ;ilitiess responsib’services, and the Owner ’s services, other Owner consultants’Architects services, the ’s services. The Project schedule shall coordinate and integrate the Construction Manager’Architectof the Project schedule relating to the performance of the s approval for the portion ’Manager shall obtain the Architects acceptance. The Construction ’s review and the Owner’and periodically update a Project schedule for the Architect.1.1 have been sufficiently identified, the Construction Manager shall prepare 4 tionProject requirements in SecWhen Schedule 3.1.4 Project § .Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data2013, Building Information Modeling and –AIA Document E203™ ingroject, the Pand digital data protocols for in establishing building information modeling and Architect Manager shall assist the Owner ConstructionThe 3.1.3.3 § .services to be provided by the Construction Manager during the Construction Phaseding professional The Construction Manager shall consult with the Architect regar data, and possible cost reductions. 7 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 147 based; andThe anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is .4 ;s Fee’the Construction Managerand ;h in Section 3.2.4contingency set fort; the Construction Manager’s allowancesincluding or systems organized by trade categoriesthe Work of ost Cincluding a statement of the estimated proposed Guaranteed Maximum Price, statement of the .3 ;.2.23ssumptions under Section Guaranteed Maximum Price proposal, including aManager in the preparation of the list of the clarifications and assumptions made by the Construction .2 Contract;of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the A list .1 basis, which shall include the following: The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its .2.33 § .or equipment, all of which, if required, shall be incorporated by Change Order ,hesof materials, finisreasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality such further development consistent with the Contract Documents and includes the costs attributable toMaximum Price the Guaranteed ,are anticipated to require further development Contract Documentsthe extent that the To .2.23 § described in Section 6.1.2. s Fee’Managerand the Construction , the Construction Manager’s contingency described in Section 3.2.4,of the Workthe Cost s estimate of ’acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager the Owner’s and ,review and Architect’s ’shall prepare a Guaranteed Maximum Price proposal for the Ownerhe Construction Manager a time to be mutually agreed upon by the Owner and the Construction Manager, tAt .2.13 § Proposal Price Maximum Guaranteed.2 3 § »Request for Qualifications and Request for Proposal dated March 4, 2024.Preconstruction services described in the « etc.)information management system, early selection or procurement of subcontractors, development of a project cash flow projections, ervices, such as providingPhase sDescribe any other Preconstruction ( attached to this documentreference an exhibit or agers to be provided by the Construction ManervicePhase sany other Preconstruction Insert a description of 3.1.14 Other Preconstruction Services § .governmental authorities-d by governmental and quasiopportunity programs, and other programs as may be requireperformance under this Contract, and with equal employment its lawful orders of public authorities applicable to Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and The Laws with Compliance 13.1.3 § .shall thereafter accept responsibility for themPrice, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager able to the Construction Manager. Upon the establishment of the Guaranteed Maximum terms and conditions acceptto procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on te the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees coordinaschedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and s acceptance, a procurement ’s review and the Owner’for the Architect ,Construction Manager shall prepareThe 3.1.12 Procurement § .ase Preconstruction the The processes described in Article 9 shall apply if bid packages will be issued during .313.1.1 § ., subd. 5(b)Statutes Section 471.763, in accordance with Minnesota interest in the Project ’onstruction Manager shall develop biddersThe C .213.1.1 § .approval Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction If 3.1.11.1 § ers and Subcontractors 11.1.3 § 8 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 148 .percentages of completion and other information required by the OwnerOwner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing therwise as agreed to by the Construction Manager shall record the progress of the Project. On a monthly basis, or oThe 3.3.2.3 Monthly § .71–with Section 3.10 of A201submittal schedule in accordance construction schedule for the Work and a t to the Owner and Architect a and subAmendment, the Construction Manager shall prepare Guaranteed Maximum Pricethe execution of the Upon 2.3.2.3 § .to the Owner and Architectof the meetings distribute minutes The Construction Manager shall prepare and promptly d status of the Workprogress, coordination, scheduling, anConstruction Manager shall schedule and conduct meetings to discuss such matters as procedures, The 1.3.2.3 § .3.2 Administration3 § .Amendmentts for Work performed prior to execution of the Guaranteed Maximum Price insurance and bond requiremen, and any The written agreement shall set forth a description of the Work to be performed by the Construction Managerndment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. AmePrice of the Guaranteed Maximum execution’Construction Phase shall commence upon the OwnerThe 3 § commencement of the Construction Phase.7, the date of commencement of the Work shall mean the date of 1–For purposes of Section 8.1.2 of A201 3 § .3.1 General3 § Phase .3 Construction3 § .Amendment is executed Guaranteed Maximum Pricetime the taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the milar Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and siThe .2.93 § .Contract DocumentsAmendment and the revised Guaranteed Maximum Priceupon assumptions and clarifications contained in the -agreeds between the Owner and Architect of any inconsistencieto the Construction Manager. The Construction Manager shall notify the Contract Documentsrevised suchfurnish Amendment. The Owner shall promptly Guaranteed Maximum Priceptions and clarifications contained in the assumupon -incorporate the agreed Contract Documents thatthe preparation of revisions toOwner shall authorize The .2.83 § .such costs, unless the Owner provides prior written authorization for execution of the Guaranteed Maximum Price Amendmentr to the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prioThe .2.73 § mptions upon which it is based.information and assud Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the GuaranteeMaximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed nstruction Manager. Following Price proposal shall be deemed effective without further acceptance from the Coproposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Manager that the Owner has accepted the Guaranteed Maximum Price If the Owner notifies the Construction .2.63 § .Guaranteed Maximum Price proposal, its basis, or bothpresented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the stencies or inaccuracies in the information Architect discover any inconsi proposal. In the event that the Owner Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price The .2.53 § .included in a Change Orderotherwise allocated to another line item or but not Guaranteed Maximum Pricethat are included in the s exclusive use to cover those costs ’contingency for the Construction Manager ainclude proposal, the Construction Manager shall uaranteed Maximum Prices G’aring the Construction ManagerprepIn .2.43 § t the Guaranteed Maximum Price.A date by which the Owner must accep .5 9 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 149 5 Deleted: 4 Deleted: 4 Deleted: 4 Deleted: The Deleted: 4 Deleted: 3 Deleted: ¶¶.2017 Section 2.2-set forth in A201information as the Construction Manager may request such execution of the Guaranteed Maximum Price Amendment,After s obligations under the Contract. ’Ownerfulfill the evidence that the Owner has made financial arrangements to request in writing that the Owner provide reasonable , the Construction Manager may Amendment Maximum Priceof the Guaranteed executionto the Prior .1.24 §Deleted: .s written request for such information or services’receiving the Construction Managerafter s performance of the Work with reasonable promptness ’s control and relevant to the Construction Manager’the OwnerContract Documents with reasonable promptness. The Owner shall also furnish any other information or services under of the Owner by the the Construction Phase, the Owner shall furnish information or services required During 4.1.4 § .subsoil conditions, with written reports and appropriate recommendationsosion tests and resistivity tests, including necessary operations for anticipating materials, seismic evaluation, ground corrtest borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous includeal engineers, which may er, when such services are requested, shall furnish services of geotechnicOwnThe .33.1.4 § .benchmarkand below grade, including inverts and depths. All the information on the survey shall be referenced to a Project ents and trees; and information concerning available utility services and lines, both public and private, above improvemnecessary data with respect to existing buildings, other other contours of the site; locations, dimensions and way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and --adjacent drainage; rightsdesignated wetlands; applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; legal description of the site. The surveys and legal information shall include, as written the site of the Project, and a mitations and utility locations for Owner shall furnish surveys describing physical characteristics, legal liThe .23.1.4 § .materialsparties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous w and as otherwise agreed to by the required by la ,and reports ,Owner shall furnish tests, inspectionsThe .13.1.4 § relating to the safe performance of the Work.to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions l be entitled Construction Manager shalthe Subject to written disclaimer or qualification from the Owner as to accuracy, with reasonable promptness after receiving the Construction Manager’s written request for such information or services. performance of the Work information or services under the Owner’s control and relevant to the Construction Manager’s furnish the following information or services with reasonable promptness. The Owner shall also furnish any other During the Preconstruction Phase, the Owner shall Structural and Environmental Tests, Surveys and Reports.3 .1.4 § .ualitys scope and q’Construction Manager, shall thereafter agree to a corresponding change in the ProjectOwner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the s budget for the Cost of the Work, the ’wnerall of these costs. If the Owner significantly increases or decreases the Oand (3) reasonable contingencies related to ,s other costs’(2) the Owner Article 7,for the Cost of the Work as defined in s budget for the Project, including (1) the budget ’Owner Owner shall establish and periodically update theThe 2.1.4 § and site requirements. sustainability ,schedule, space requirements and relationships, flexibility and expandability, special equipment, systems the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including tations on The Owner shall provide information with reasonable promptness, regarding requirements for and limi .1.14 § Owner the of Required Services and .1 Information4 § RESPONSIBILITIES OWNER’S 4 ARTICLE .above 3.3.2.3 tionand Architect, in accordance with Sec shall provide this information in its monthly reports to the Ownerand ,shall identify variances between actual and estimated costs and report the variances to the Owner and Architecttes for uncompleted tasks and proposed changes. The Construction Manager costs for activities in progress and estimaConstruction Manager shall develop a system of cost control for the Work, including regular monitoring of actual The Control Cost .53.3.2 § .the Ownerrequired by information, accidents, injuries, and other workthat might affect progress of the , problems siteon , identification of equipmenton site , number of workersin progressWork portions of theof weather, for each day a daily log containing a record , and make available to the Owner and Architect,keep Construction Manager shaThe Logs 3.3.2.4 Daily § 10 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 150 21 Deleted: twelve Deleted: TBD Deleted: .s authorized representative’Ownermeans the Owner or the ”Owner“The term Deleted: 6 Deleted: oportion to services performed.vices shall be made monthly in prUnless otherwise agreed, payments for ser .2.15 § .2 Payments5 § es shall be equitably adjusted.compensation for Preconstruction Phase servic) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s » 3« » ThreeIf the Preconstruction Phase services covered by this Agreement have not been completed within .1.35 § .parties execute a Modificationunless the as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such taxes, insurance, contributions, as required by law or collective bargaining agreements, for Construction Manager,Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the 5.1.2.1 § Rate Positionor Individual »See Exhibit C« low.)(If applicable, attach an exhibit of hourly billing rates or insert them be Manager’s Consultants and Subcontractors, if any, are set forth below.The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction § 5.1.2 »4, 202July 15 –2024 April 22Preconstruction Phase services are planned from . ,3Dollars ($2 Thousand Two Hundred and Twenty Three-Twenty the amount ofa lump sum agreement in Preconstruction phase services shall be compensated « (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) :er as followsshall compensate the Construction Manag, the Owner 3.1 and 3.2in Sections described s Preconstruction Phase services’the Construction ManagerFor .1.15 § .1 Compensation5 § SERVICES PHASE PRECONSTRUCTION FOR PAYMENTS AND COMPENSATION 5 ARTICLE .reement Architect’s scope of services in the further modifications to the executed agreement between the Owner and the Architect, and any scope of services in thea copy of the with Manager . The Owner shall provide the Construction services under this AgreementPreconstruction and Construction Phase including any additional services requested by the Construction Manager that are necessary for the as modified, Edition, Construction Manager as Constructor , Standard Form of Agreement Between Owner and Architect, –3™3Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document The .3 Architect4 § .s needs and interests’that may be reasonably necessary at any time for the Project to meet the Owner services,ing Owner shall furnish all legal, insurance and accounting services, including auditThe .2.1 Legal Requirements.4 § authority. 7, the Architect does not have such 1–4.2.1 of A201 otherwise provided in Secti Except asCouncil Owner’s request a decision from the ptlyprom, the Owner’s representative shall authority exceeds the Owner’s representative’s To the extent a decision 2017, as modified.-set forth in Section 2.1.1 of the A201 extent of and limitation on authority ashave the The Owner’s representative shall unreasonable delay in the services or Work of the Construction Manager.representative shall render decisions promptly and furnish information expeditiously, so as to avoid s’Owner. The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the ProjectThe Representative Designated .2 Owner’s 4 § to this Agreement.Projects Exhibit, Construction Manager as Constructor Edition, attached 2019, Sustainable–in AIA Document E234™If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required 54.1. § 11 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 151 Deleted: TBD Deleted: TBD Deleted: TBD Deleted: TBD Deleted: TBD Deleted: Amounts Deleted: contingency due to Construction Manager the remaining Guaranteed Maximum Price, the Owner shall receive 100% of the total cost of construction is less than the To the extent Construction Manager without reimbursement by the Owner.Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contract Documentssubject to additions and deductions by Change Order as provided in the ent,Amendm Guaranteed Maximum Pricein the Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth The Price Maximum .2 Guaranteed6 § » Exhibit C.at the hourly rates provided in ,e agreed upon personnelment shall be based upon thThis adjust sum Site Services.in the form of a change order to the lump for the appropriate amount of staffing shall be equitably adjustedupon price mutually agreed , aby no fault of the Construction Manager months is extended 9 If the overall project duration of« (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) Other: 6.1.7 § »N / A« (Insert terms and conditions for liquidated damages, if any.) :Liquidated damages, if any 6.1.6 § rate paid at the place of the Project.rental %) of the standard » ___percent ( »Seventy Five«owned equipment shall not exceed -Rental rates for Construction Manager 5.1.6 § ».Contractors-by Subed or purchased directly by the Subcontractor and 5% for work that is complet10% for labor and material completed « Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: 4.1.6 § ».d staffingrequire duration for additional resulting in ,ve materially deviated from the original scope of the projector ha ,affect the overall duration of the projectfor changes in work that may %). Site services adjustments will be evaluated 3.25( Quarter percent Three and One« The method of adjustment of the Construction Manager’s Fee for changes in the Work: 3.1.6 § ».3.25( hree and One Quarter percentTas defined in this Agreement is ,orkWost of the Co the final applied t). The fee to be 415,779lars ($DolFour Hundred Fifteen Thousand, Seven Hundred Seventy Nine May 31, 2025 is from July 15, 2024 through fee to be applied to the final Cost of the Work. The lump sum fee for Site Services based-percentagedown into a lump sum fee for Site Services and a The fee for construction phase services shall be broken« (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) The Construction Manager’s Fee: 2.1.6 § .ruction Manager’s Fee plus the Const 7Sum is the Cost of the Work as defined in Article The Contract Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. the Construction Manager the Contract Sum in current funds for the Construction The Owner shall pay .16.1 § Sum 6.1 Contract § SERVICES PHASE CONSTRUCTION FOR COMPENSATION 6 ARTICLE » per annum » 4.00 (Insert rate of monthly or annual interest agreed upon.) of the Construction Manager.ime at the principal place of business entered below, or in the absence thereof at the legal rate prevailing from time to t) days after the invoice date shall bear interest at the rate » » five-thirty and not subject to a good faith dispute unpaidamounts Prompt Payment Act”), Payment of Local Government Bills, Minnesota Statutes, Section 471.425 (“Pursuant to the Prompt Payments are due and payable upon presentation of the Construction Manager’s invoice. .2.25 § 12 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 152 Construction Manager at Risk Fee Summary Deleted: __ Deleted: Deleted: ¶Deleted: Work.)devoted to the (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be to the personnel and activities listed below:ed at a location other than the site, but only for that portion of time required for the Work, and limited Work and station Wages or salaries of the Construction Manager’s supervisory and administrative personnel when performing 7.2.2.1 § .s prior approval’with the Ownerand performing Worksite s supervisory and administrative personnel when stationed at the ’or salaries of the Construction ManagerWages .2.27 § the Project.. This includes labor provided from any location as long as it is directly related to or RatesLab – C_Exhibit Work perReimbursement Rates for site workshops.-construction of the Work at the site or, with the Owner’s prior approval, at off of construction workers directly employed by the Construction Manager to perform the or salaries Wages .2.17 § Costs .2 Labor7 § approval of the Owner.Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior 3.1.7 § prior to incurring the cost.in writing approval suchManager shall obtain s prior approval, the Construction ’any cost is subject to the Owner , pursuant to the Contract Documents,Where .1.27 § .performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7Manager in the proper term Cost of the Work shall mean costs necessarily incurred by the ConstructionThe .1.17 § Reimbursed Be to .1 Costs7 § PHASE CONSTRUCTION FOR WORK THE OF COST 7 ARTICLE .and the Guaranteed Maximum Price shall be adjusted accordinglythe original Work, s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for ’Managerwill cause substantial inequity to the Owner or Construction Manager, the Construction Section 6.1.3provisions of egate, that application of the adjustment changes in the Work, or if the extent of such changes is such, in the aggrs Fee in the case of ’for adjustment of the Construction Manager Section 6.1.3specific provision is made in If no .3.56 § .of this Agreement 6s Fee as defined in Section ’nagershall mean the Construction Ma ”fee“of this Agreement and the term Article 7 7 shall mean the Cost of the Work as defined in 1–of AIA Document A201Article 7 as used in ”costs“and ”cost“calculating adjustments to the Guaranteed Maximum Price, the terms In .3.46 § .accordance with the terms of those subcontracts subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in . Adjustments to 2017, as they refer to “cost” and “fee,” and not by Articles 6 and 7 of this Agreement–Article 7 of A201Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with .3.36 § .of the Contract for Construction 7, General Conditions1–Document A201of AIA Article 7may be determined by any of the methods listed in Amendment Guaranteed Maximum Priceof the to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution Adjustments .2.36 § .General Conditions of the Contract for Construction2017, –The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201 6.3.1.1 § .Workto an equitable adjustment in the Contract Time as a result of changes in the be entitled mayConstruction Manager Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the The .3.16 § Work the in .3 Changes6 § and added to this Contract as Exhibit A. of bids for the construction Project awardafter established -, and then reat Design Development savings. The Guaranteed Maximum Price (“GMP”) will be established the 13 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 153 Documents, with the Owner’s prior approval.amounts of the coverages required by the Contract insurance, for either full or partial -Costs for self 7.6.1.1 § .attributed to this ContractPremiums for that portion of insurance and bonds required by the Contract Documents that can be directly .6.17 § Costs .6 Miscellaneous7 § .prior approval s’Ownerof materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Costs 5.5.7 § .the Construction Manager’s site office, including general office equipment and supplies Costs .5.47 § and legal disposal. Costs of removal of debris from the site of the Work and its proper .5.37 § .price of any comparable itemmay not exceed the purchase such equipmentThe total rental cost of any shall be subject to the Owner’s prior approval. ty as defined in Section 7.8, Rates and quantities of equipment owned by the Construction Manager, or a related parof such temporary facilities, machinery, equipment, and hand tools minor repairs, and removaldismantling, installation, costs of transportation, the and ,er at the siteconstruction workers that are provided by the Construction Managand hand tools not customarily owned by ,charges for temporary facilities, machinery, equipmentRental .5.27 § .ms not fully consumed by the Construction Manager shall mean fair market valueused at the Project site. Costs for itethe cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longeshall be based on ,that are not fully consumed ,and tools ,cilities, machinery, equipmentmaterials, supplies, temporary faprovided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are maintenance, and removal of materials, supplies,dismantling, of transportation, storage, installation, Costs .5.17 § Items Related and Facilities Temporary Equipment, and Materials Other of .5 Costs7 § .the Owner as a deduction from the Cost of the Work shall be credited tos option, shall be sold by the Construction Manager. Any amounts realized from such sales ’the Work or, at the Owners property at the completion of ’reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner 4.1 in excess of those actually installed to allow forof materials described in the preceding Section Costs .4.27 § .in the completed construction ,incorporatedor to be ,of materials and equipment incorporated ,at the site g transportation and storageincludinCosts, .4.17 § Construction Completed the in Incorporated Equipment and Materials of .4 Costs7 § .and this Agreement made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontractsPayments Costs ontract.3 Subc7 § .unchanged throughout the duration of this Agreement, unless the parties execute a ModificationIf agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain .2.57 § ..2.372.1 through tions provided such costs are based on wages and salaries included in the Cost of the Work under Secagreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, collective bargainingpersonnel not covered by taxes, insurance, contributions, assessments and benefits and, forfor ,required by law or collective bargaining agreementsas ,paid or incurred by the Construction ManagerCosts .2.47 § .Work, but only for that portion of their time required for the Work, in expediting the production or transportation of materials or equipment required for the while travelingworkshops or s supervisory or administrative personnel engaged at factories, ’and salaries of the Construction ManagerWages .2.37 § »full time.The Superintendent is to be stationed at the site .ed as part of this Agreementare acceptother than the site e or at a location included in the Site Services lump sum fee whether stationed at the sit of personnel Wages or salaries« 14 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 154.be unreasonably withheldnot the Work and with the Owner’s prior approval, which shall after the execution of this Agreement in the performance of reasonably incurred by the Construction Manager Deleted: , other than those arising from Deleted: arbitration Deleted: Legal, m Deleted: .correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or othersand only to the extent that the cost of repair or ,the Construction Manager by,failure to fulfill a specific responsibility of, negligence the or suppliers, provided that such damaged or nonconforming Work was not caused by ,Subcontractorsof repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Costs .7.37 § .71–of AIA Document A201 Article 10the safety of persons and property, as provided in in case of an emergency affecting ,or loss ,incurred in taking action to prevent threatened damage, injuryCosts .7.27 § .approvalwritten , with the Owner’s prior in the performance of the Workcosts incurred Other .7.17 § Emergencies and Costs .7 Other7 § incurred while traveling in discharge of duties connected with the Work.s supervisory or administrative personnel ’That portion of the reasonable expenses of the Construction Manager 116.7. § approval. written the Owner’s prior, with only relocation and temporary living allowances of the Construction Manager’s personnel required for the WorkExpenses incurred in accordance with the Construction Manager’s standard written personnel policy for § alleging negligence, breach of contract, or willful misconduct relating to the Project.party claims against the Construction Manager -frivolous third-r because of nonO Owner and Construction Manager, disputes between the verable under this Agreement for which shall not be unreasonably withheld. Costs are not recoapproval, written after the execution of this Agreement in the performance of the Work and with the Owner’s prior reasonably incurred by the Construction Manager s including attorneys’ fee not costs, litigationediation and M .6.97 § .responsibility in the Contract Documentss negligence or failure to fulfill a specific ’Deposits lost for causes other than the Construction Manager .6.87 § .chargesCosts of document reproductions and delivery .6.77 § .s prior approval’with the Ownerat the site, and located and software, directly related to the Work ,electronic equipmentcommunications services, for Costs .6.67 § .to the Guaranteed Maximum Price Cost of the Work used to calculate the Construction Manager’s Fee or subject 2017. The costs of legal defenses, judgments, and settlements shall not be included in the –3 of AIA Document A201furnish such information to the Architect as required by Article patent, and the Construction Manager failed to promptly Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a and payments of settlements made with the Owner’s consent, unless the Construction from such suits or claims,Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting cost of defending suits or claims for infringement of patent rights arising from requirements of the The 7.6.5.1 § .Documentsrequired by the Contract ,or product ,and license fees paid for the use of a particular design, processRoyalties 7.6.5 § .7.3provisions of the Contract Documents, and which do not fall within the scope of Section 7 or by other 1–cument A201of AIA Do under Article 13nonconforming Work for which reimbursement is excluded except those related to defective or ;of laboratories for tests required by the Contract DocumentsFees .6.47 § .ruction Manager is required by the Contract Documents to payConstfor which the ,and inspections ,and for other permits, licenses ,and assessments for the building permitFees .6.37 § .Construction Manager is liablethat are related to the Work and for which the ,imposed by a governmental authority ,similar taxes ,useSales, .6.27 § Owner’s prior approval.Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the 7.6.1.2 § 15 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 155 performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may own personnel shall be tomarily perform with the Construction Manager’s Construction Manager does not cusThose portions of the Work that the 471.463 ctionin the Contract Documents, pursuant to Minnesota Statutes, Seubcontracts and other agreements necessary to perform the Work required Construction Manager shall enter into S 9.1 § AGREEMENTS OTHER AND SUBCONTRACTS 9 ARTICLE as a deduction from the Cost of the Work..1 shall be credited to the Owner 8Amounts that accrue to the Owner in accordance with the provisions of Section .28 § .provisions so that they can be obtainedOwner, and the Construction Manager shall make and amounts received from sales of surplus materials and equipment shall accrue to the ,discounts, rebates, refundsto make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade Manager with whichfor Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction in an Application the amount to be paid, less such discount,making the payment, the Construction Manager included before if (1) discounts obtained on payments made by the Construction Manager shall accrue to the OwnerCash .18 § REFUNDS AND REBATES, DISCOUNTS, 8 ARTICLE Costs for services incurred during the Preconstruction Phase. 9. Guaranteed Maximum Price to be exceeded; and Costs, other than costs included in Change Orders approved by the Owner, that would cause the 8. Sections 7.1 to 7.7; cost not specifically and expressly described inAny 7. ;or indirectly employed by any of them or for whose acts any of them may be liableanyone directly or ,and suppliers ,Manager, Subcontractors ConstructionContract by, the of the a specific responsibility to fulfill or failure , .7.3 of this Agreement, costs due to the negligence7as provided in Section Except .6 mployed for the Work;e The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital 5. ;7.1 to 7.7 Sections and general expenses, except as may be expressly included inOverhead 4. rincipal office and offices other than the site office;Expenses of the Construction Manager’s p 3. provided prior approval;hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has profit sharing, incentive compensation, and any other discretionary payments, paid to anyone Bonuses, .2 ;4.2, or as may be provided in Article 17 Manager’s principal office or offices other than the site office, except as specifically provided in Section and other compensation of the Construction Manager’s personnel stationed at the Construction Salaries .1 The Cost of the Work shall not include the items listed below: .17.9 § Reimbursed Be To Not Costs 9.7 § person or entity other than a related party according to the terms of Article 9.t, goods, or service from some the transaction in writing, the Construction Manager shall procure the Work, equipmenor service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize ger shall procure the Work, equipment, goods, shall be included as a cost to be reimbursed, and the Construction Manacost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred be incurred, before any such transaction is consummated or the identity of the related party and the anticipated cost toparty, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including d arise from a transaction between the Construction Manager and a related If any of the costs to be reimburse § business or affairs of the Construction Manager.Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the trol the business or affairs of the Construction ten percent in the aggregate; (3) any entity which has the right to conwhich any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of common management with, the Construction Manager; (2) any entity in entity having common ownership of, or sharing For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, or other § Transactions Party Related 87. § .7.9costs are excluded by the provisions of Section Manager to pay such costs, unless such Construction which may require the other Conditions of the Contract7 or 1–AIA Document A201provision of notwithstanding any ,shall be included in the Cost of the Work 7.71 through costs described in Sections he T .7.47 § 16 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 156 receives the Application for Payment.) days after the Architect « » « »Owner not later than shall be made by the of the amount certified above, payment received by the Architect after the application date fixed for Payment is month. If an Application « »day of the « »certified to the Construction Manager not later than the amount month, the Owner shall make payment of the day of a « »received by the Architect not later than the Provided that an Application for Payment is Deleted: three Deleted: i Deleted: Section 9.1.1, to object to any subcontractor or supplier. suppliers in consultation with the Architect and, subject to Construction Manager’s list of proposed subcontractors and ht to review the The Owner then has the rig Deleted: (2) any contingency for costs that are the various portions of the Work(1) :Guaranteed Maximum Price amongf values shall allocate the entire Construction Manager in accordance with the Contract Documents. The schedule oApplication for Payment shall be based on the most recent schedule of values submitted by the Each .1.511 § .payments attributable to the Construction Manager’s Fee he progresst, less that portion of Paymeplus payrolls for the period covered by the present Application for payments already received by the Construction Manageralready made by the Construction Manager on account of the Cost of the Work equal or exceed progress paymentsthat nvoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate ieach Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted With .1.411 § (Federal, state or local laws may require payment within a certain period of time.) s shall be governed by the Prompt Payment Act.Owner payment obligation .1.311 § »N/A« month, or as follows:The period covered by each Application for Payment shall be one calendar month ending on the last day of the .1.211 § .as provided below and elsewhere in the Contract Documents ,Construction Managerto the ,for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sumand Certificates ,cations for Payment submitted to the Architect by the Construction Managerupon AppliBased .1.111 § Payments .1 Progress11 § SERVICES PHASE CONSTRUCTION FOR PAYMENTS 11 ARTICLE .for such longer period as may be required by lawyears after final payment, or six (6ion Manager shall preserve these records for a period of this Contract. The Constructand other data relating to ,purchase orders, vouchers, memoranda Subcontractor’s invoices, s proposals, ’Subcontractorcorrespondence, instructions, drawings, receipts, subcontracts, job cost reports, accounting entries, books, s records and accounts, including complete documentation supporting’audit and copy, the Construction Managerauditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to ’he Owner and the Ownercosts incurred. The accounting and control systems shall be satisfactory to the Owner. Tas may be necessary for proper financial management under this Contract and to substantiate all ,exercise such controlsand ,ost of the WorkCd accounts related to the Construction Manager shall keep full and detailed records anThe RECORDS ACCOUNTING 10 ARTICLE 10.audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article t for the Owner to receive the same the basis of cost plus a fee, the Construction Manager shall provide in the subcontrac not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on payment provisions of this Agreement, and shall Subcontracts or other agreements shall conform to the applicable 9.2 § amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.or entity recommended to the Owner by the Construction Manager and the difference between the bid of the personConstruction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the ocuments without reservations or exceptions, but the Owner requires that another bid be accepted, then the Contract Dqualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is § objection.required to contract with anyone to whom the Construction Manager has reasonable n accordance with the Contract Documents. The Construction Manager shall not be Iresponsibility to perform the Work Owner, shall not relieve the Construction Manager of its or approval or objection by the advice of the Architect,Any pursuant to Section 471.463, subd. 5(b) indication as to which bids the Construction Manager intends to acceptthe Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an ements of especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirConstruction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated Manager shall obtain bids. The designate specific persons from whom, or entities from which, the Construction 17 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 157 following amount, as retainage, from the payment otherwise due:etion of the Work, the Owner may withhold the For each progress payment made prior to Substantial Compl 11.1.8.1 § 11.1.8 Retainage § Retainage withheld pursuant to Section 11.1.8. .6 by the Owner’s auditors in such documentation; and ions for Payment, or resulting from errors subsequently discovered 11.1.4 to substantiate prior ApplicatThe shortfall, if any, indicated by the Construction Manager in the documentation required by Section .5 2017;–Article 9 of AIA Document A201ent, or nullify a Certificate of Payment in whole or in part, as provided in Architect may withhold paymFor Work performed or defects discovered since the last payment application, any amount for which the .4 supplier, unless the Work has been performed by others the Construction Manager intends to pay;a Subcontractor or material Any amount for which the Construction Manager does not intend to pay .3 2017;–withheld a Certificate for Payment as provided in Article 9 of AIA Document A201The amount, if any, for Work that remains uncorrected and for which the Architect has previously .2 The aggregate of any amounts previously paid by the Owner; .1 The amount of each progress payment shall then be reduced by:11.1.7.2 § probable Cost of the Work upon its completion.tions 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the Cost of the Work included in Secsum fee as the -is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee eceding The Construction Manager’s Fee, computed upon the Cost of the Work described in the pr .4 professional judgment, to be reasonably justified; and That portion of Construction Change Directives that the Architect determines, in the Architect’s .3 in writing;in writing in advance by the Owner, suitably stored off the site at a location agreed upon and suitably stored at the site for subsequent incorporation in the completed construction or, if approved e properly allocable to materials and equipment delivered That portion of the Guaranteed Maximum Pric .2 Maximum Price allocated to that portion of the Work in the most recent schedule of values;multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed k as determined by That portion of the Guaranteed Maximum Price properly allocable to completed Wor .1 The amount of each progress payment shall first include:11.1.7.1 § :payment shall be computed as follows Documents, the amount of each progressprovisions of the Contract ubject to other s and , as modified,2017–In accordance with AIA Document A201 .1.711 § .valuesby (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of ,Paymentke payment prior to the next Application for or intends to mapayment for which the Construction Manager has made and (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work or (2) the percentage obtained by dividing ,actually been completed percentage of that portion of the Work which hasThe percentage of completion shall be the lesser of (1) the the period covered by the Application for Payment. for Payment shall show the percentage of completion of each portion of the Work as of the end of Applications .1.611 § values, the Construction Manager shall submit supporting documentation to the Architect.When the Construction Manager allocates costs from a contingency to another line item in the schedule of 11.1.5.3 § in the schedule of values.guaranteed maximum price for the Cost of the Work of each individual line item The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate 11.1.5.2 § Applications for Payment.iewing the Construction Manager’s as the Architect may require. The schedule of values shall be used as a basis for revThe schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy 11.1.5.1 § .Order; and (3) the Construction Manager’s Fee included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Chang 18 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 158 7, 1–of AIA Document A201 Article 12 Deleted: Contract Deleted: Construction Manager Deleted: when Deleted: Contract Sum,, constituting the entire unpaid balance of the Deleted: subcontracts Deleted: follows:Substantial Completion shall not include retainage as The Application for Payment submitted at Deleted: Except as set forth in this Section 11.1.8.3, upon Deleted: 2017–A201™Section 12.2.2 of Work as provided in nonconforming s responsibility to correct ’Managerexcept for the Construction ,Construction Managerthe by fully performed been has Contractthe 1. the date that all of the following conditions have been met:not more than thirty (30) days after shall be made by the Owner to the Construction Manager Final payment .2.111 § Payment inal.2 F11 § auditors acting in the sole interest of the Owner.Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s oses the Construction Manager has used amounts previously paid on account of the ascertain how or for what purpsite inspections; or (3) that the Architect has made examinations to -Architect has made exhaustive or continuous ontion, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the verificabe deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be entitled to rely In taking action on the Construction Manager’s Applications for Payment the Architect shall 11.1.12 § in accordance with those agreements.Subcontract s Manager shall execute e percentage of retainage held on Subcontracts, and the Construction approval of payments to Subcontractors, and thThe Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and 11.1.11 § liers for materials or equipment which have not been delivered and suitably stored at the site.to supp Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments .1.1011 § 2017.–shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201Manager, the Owner If final completion of the Work is materially delayed through no fault of the Construction .1.911§ »clause (2) after submission of all final paperwork, as determined by Owner.. Owner will pay any amounts withheld under Architectas determined by ork, after completion or correction of the W) days sixty (Owner will pay any amounts withheld under clause (1) within the amount and basis of the withholding.detailing Construction Manager, it will provide a written statement to under this paragraphnt Owner withholds paymeIf .Construction Manager, whichever is greater, pending completion and submission of all final paperwork by .00$500of the value of the contract or (1%) ompletion; and (2) one percent Cubstantial Sork known at the time of Wcomplete or cost to correct estimated of the )250%two hundred and fifty percent (ompletion, Owner may withhold: (1) Cubstantial SAfter the Architect consistent with the definition in Minnesota Statutes, Section 541.051, subd. 1(a).Completion” shall be determined by “Substantial , however, , providedthan sixty (60) days after Substantial Completionall retainage will be released to Construction Manager no later .Pursuant to Minnesota Statutes, Section 15.72, subd« upon Substantial Completion.)reconcilia tion, (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and ns for Payment pursuant to this Section 11.1.8. Payment that includes the retainage withheld from prior ApplicatioSubstantial Completion of the Work, the Construction Manager may submit an Application for Upon 11.1.8.3 § »None« such modification.) insert provisions for(If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, Reduction or limitation of retainage, if any, shall be as follows:11.1.8.2 § »/ A N« .)itions, insurance, etcInsert any items not subject to the withholding of retainage, such as general cond( The following items are not subject to retainage: 11.1.8.1.1 § »Owner shall withhold five percent (5%) of the amount approved for payment in each payment period.« law.)retainage may be limited by governing (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of 19 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 159 in accordance with Section 11.2. Deleted: and a final Application for Payment; and Deleted: the Construction Manager has submitted Deleted: extend beyond Deleted: » per annum » 4 (Insert rate of interest agreed upon, if any.) hereof, at the legal rate prevailing from time to time at the place where the Project is located.in the absence tPayments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or 11.3 Interest § amount to be paid by the Owner to the Construction Manager.his Section 11.2.4 in determining the net recalculated, taking into account any reimbursements made pursuant to t, the amount of those adjustments shall be 7.1.6Price. If adjustments to the Contract Sum are provided for in Section rior to final payment, but not in excess of the Guaranteed Maximum same basis as if such costs had been incurred p shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the 7.9, to correct defective or nonconforming Work, the Owner 7, and not excluded by Sectionin Sections 7.1 through 7.If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described 11.2.4 § « » of the Architect’s final Certificate for Payment, or as follows:later than 30 days after the issuance The Owner’s final payment to the Construction Manager shall be made no 11.2.3 § Manager the amount certified in the Architect’s final Certificate for Payment.Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction the Construction day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on -within this 30 onstruction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation C2017. A request for mediation shall be made by the Construction Manager within 30 days after the –Document A201entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA ruction Manager shall be Manager’s final accounting, is less than claimed by the Construction Manager, the ConstIf the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction 11.2.2.3 § Manager’s final accounting.cy of the Construction 2017. The Architect is not responsible for verifying the accura–9 of AIA Document A2012017. The time periods stated in this Section 11.2.2 supersede those stated in Article –Article 9 of AIA Document A201easons for withholding a certificate as provided in Construction Manager and Owner in writing of the Architect’s r will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the ed that the other conditions of Section 11.2.1 have been met, the Architect Owner will not conduct an audit, and providseven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Within 11.2.2.2 § he audit, submit a written report based upon the auditors’ findings to the Architect.tIf the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of 11.2.2.1 § Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit.Cost of the Within 30 days of the Owner’s receipt of the Construction Manager’s final accounting for the 11.2.2 § indicating changes to the Construction Documents during construction.Manager has delivered to the Architect a complete set of redlined record drawings, the Construction .6 warranties and operations manuals applicable to the Project; andthe Construction Manager has assembled and provided to the Owner in a bound compilation all .5 as currently amended by the Owner have been met; 2017-Article 9 of the A201™the requirements of .4 ;Architecta final Certificate for Payment has been issued by the .3 the Construction Manager and reviewed by the Owner;have been submitted by the Work a final accounting for the Cost of a final Application for Payment and .2 ;final paymentnecessarily survive and to satisfy other requirements, if any, which as currently amended by the Owner 20 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 160 a Deleted: .5 Sectionforth in s compensation under this Section exceed the compensation set ’termination. In no event shall the Construction Managerperformed prior to receipt of a notice of and Work ervices onstruction Phase scequitably compensated for Pre, the Construction Manager shall be 3.1.3the event of termination of this Agreement pursuant to Section 1In 4.1.31 § .71–of A20114 Articlein notice to the Owner, for the reasons set forth days’ written , upon not less than seven without cause, and the Construction Manager may terminate this Agreement Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and Amendment, the Owner may terminate this Guaranteed Maximum Priceto the execution of the Prior 3.1.31 § .1.5 Sectionforth in Section exceed the compensation set s compensation under this ’. In no event shall the Construction Manageraccordance with the terms of this Agreement, in performed prior to receipt of a notice of terminationand Work onstruction Phase services cted for Precompensa.1.1, the Construction Manager shall be 3In the event of termination of this Agreement pursuant to Section 1.1.2 31 § , upon not less than seven days’ written notice to the Owner.the Construction Manager may terminate this Agreementn Manager, and Owner may terminate this Agreement upon not less than seven days’ written notice to the Constructio, the Maximum Price If the Owner and the Construction Manager do not reach an agreement on the Guaranteed.1.1 31 § Amendment Price Maximum Guaranteed the of xecutionE to Prior .1 Termination31 § SUSPENSION OR TERMINATION 31 ARTICLE .court of competent jurisdictionagree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a subsequently the Owner and Construction Manager do not select a method of binding dispute resolution, or do not If « » (Specify)Other: \] « »\[ d County, Minnesota, in OlmsteLitigation in a court of competent jurisdiction \] » X« \[ 71–15 of AIA Document A201 Articlepursuant to Arbitration \] « »\[ (Check the appropriate box.) :method of binding dispute resolution shall be as follows7, the 1–of AIA Document A201 Article 15any Claim subject to, but not resolved by mediation pursuant to For Resolution Dispute 12.2 Binding § « » « » « » « » other than the Architect.)(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if ision Maker.below another individual, not a party to the Agreement, to serve as the Initial Dec Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint 2017 for –r pursuant to Article 15 of AIA Document A201The Architect will serve as the Initial Decision Make 12.1.2 § .of this Agreement shall not apply 12.1.2binding dispute resolution, and Section mediation or condition precedent to services, no decision by the Initial Decision Maker shall be required as a s Preconstruction Phase ’Construction Manager7. However, for Claims arising from or relating to the 1–and Article 15 of A201 set forth in this Article Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions Any 11..12 § Maker Decision 12.1 Initial § RESOLUTION DISPUTE 12 ARTICLE 21 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 161:4.1.3Section 1compensation paid to the Construction Manager under any , which amount shall be in addition to Deleted: 13.2.3 Termination by the Owner for Convenience § Manager under such subcontracts or purchase orders.rights and benefits of the Construction the Owner may require for the purpose of fully vesting in the Owner thesteps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as rticle 13, execute and deliver all such papers and take all such a condition of receiving the payments referred to in this Alegal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as he Work under Section 13.2.2.1.1. To the extent that the Owner elects to take not otherwise included in the Cost of telection of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is er shall also pay the Construction Manager fair compensation, either by purchase or rental at the The Own 13.2.2.2 § 2017.–Document A201Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA .4 Subtract the aggregate of previous payments made by the Owner; and .3 probable Cost of the Work upon its completion;termination bears to a reasonable estimate of the sum Fee as the Cost of the Work at the time of -an amount that bears the same ratio to that fixed he rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, t Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at .2 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .1 ed, nor shall it exceed an amount calculated as follows:the Guaranteed Maximum Price to be exceed2017 shall not cause –amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A2012017, the –the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201If 13.2.2.1 § Cause for Owner the by 13.2.2 Termination § 2017.–A201The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document 13.2.1 Termination § Amendment Price Maximum Guaranteed the of Exe Following Suspension or .2 Termination31 § costs necessarily incurred by the Construction Manager because of such termination.terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the nager will would have constituted a Cost of the Work had this agreement not been terminated, the Construction Materminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that he Work if the contract had not been order or rental agreement, if those costs would have been reimbursable as Cost of tthe Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase urchase orders or rental agreements as described above, If the Owner accepts assignment of subcontracts, p 13.1.6.1 § .assignment to the Owner as described aboveallowing for contain provisions willinto by the Construction Manager Subcontracts, purchase orders and rental agreements entered All urchase orders.Manager under such subcontracts or pthe Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction ding the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as steps, inclucondition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a legal not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to takeelection of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is chase or rental at the Owner shall also pay the Construction Manager fair compensation, either by purThe § Subtract the aggregate of previous payments made by the Owner for Construction Phase services. .3 ; andstimate of the probable Cost of the Work upon its completiontermination bears to a reasonable etime of sum Fee as the Cost of the Work at the-Section, an amount that bears the same ratio to that fixeds Fee is stated as a fixed sum in that ’.1 or, if the Construction Manager6the rate stated in Section rmination at s Fee computed upon the Cost of the Work to the date of te’the Construction ManagerAdd .2 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .1 :Construction Manager an amount calculated as followsAmendment, the Owner shall pay to the Guaranteed Maximum PricePhase but prior to the execution of the after the commencement of the Construction 3to Section 1the Owner terminates the Contract pursuant If 5.1.31 § 22 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 162 Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment.ncing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract construction finaThe Owner may, without consent of the Construction Manager, assign the Contract to a lender providing .22§ 14. .without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contractignment assign the Contract as a whole without written consent of the other. If either party attempts to make an ass7, neither party to the Contract shall 1–Section 13.2.2 of A201Section 14.2.2 of this Agreement, and in provided in . Except as Contract Documentscovenants, agreements, and obligations contained in the legal representatives to , successors, assigns and partnersOwner and Construction Manager, respectively, bind themselves, their The § s and Successors 2.41 § into this contract. section are incorporatedprovisions of Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said ivity in a local civil rights commission, disability or age. The Construction Manager agrees to be bound by the actreligion, national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or applicants are selected, and that employees are treated during employment, without regard to their race, color, creed, nsure that Pursuant to Minnesota Statutes, Section 181.59, the Construction Manager will take affirmative action to e Discrimination-Non 34.1.1 § public if the public data are available from the Owner.ger does not have a duty to provide access to public data to the 13.08 apply to Construction Manager. Construction Manamust comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13, and Construction Manager Minnesota Government maintained, or disseminated by Construction Manager in performing this contract is subject to the requirements of the Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, Data Practices 24.1.1 § bringing the action.penalties from a Prime Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in ubcontractor who prevails in a civil action to collect interest shall pay the actual penalty due to the subcontractor. A spayment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Prime Contractor mount not paid on time to the subcontractor. The minimum monthly interest penalty subcontractor on any undisputed a1/2 percent per month or any part of a month to the -Contract must require the Prime Contractor to pay interest of 1ctor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The Prime Contra2017, which provides in pertinent part: each Prime Contractor must pay any subcontractor within ten (10) days of the –Prompt Payment Act subdivision 4a shall apply to payments by Contractor to Subcontractors as set forth in the A201 bcontratorsPrompt Payment of Su 14.1.§ 1 .provision as amended or supplemented by other provisions of the Contract Documents2017 or another Contract Document, the reference refers to that –Agreement to a provision of AIA Document A201Where reference is made in this 1–in this Agreement shall have the same meaning as those in A201Terms .141 § PROVISIONS MISCELLANEOUS 41 ARTICLE ..3.5 of this Agreement6and 6.1Sections he term “profit” shall be understood to mean the Construction Manager’s Fee as described in 7, except that t1–Document A201of AIA Article 14Guaranteed Maximum Price and Contract Time shall be increased as provided in n such case, the i ;71–Work may be suspended by the Owner as provided in Article 14 of AIA Document A201The 3 Suspension13. § « » termination for the Owner’s convenience.)(Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a then the Owner shall pay the Construction Manager a termination fee as follows:modified, 2017, –If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201 23 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 163 managerReview this and Ex. B with risk Commented \[MW1\]: otherwise set forth below:2013, Building Information Modeling and Digital Data Exhibit, if completed, or as –with AIA Document E203™be given in accordance 2017, may–Notice in electronic format, pursuant to Article 1 of AIA Document A201 14.4 § elsewhere in the Contract Documents.2019 Exhibit B, and –The Construction Manager shall provide bonds as set forth in AIA Document A133™ 14.3.2.1 § ntract Documents.Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the CoOwner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a 2019, Standard Form of Agreement Between –AIA Document A133™purchase and maintain insurance as set forth in After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall Phase Construction .2314. § 14.3.1.the requirements in this Section compliance with eevidencthat ner certificates of insurance to the Ow The Construction Manager shall provide 14.3.1.8 § policies and shall apply to both ongoing and completed operations.contributory to any of the Owner’s insurance -The additional insured coverage shall be primary and non omissions.negligent acts or Construction Manager’s Owner as an additional insured for claims caused in whole or in part by the the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the shall cause Construction Managerthe To the fullest extent permitted by law Obligations. Insured Additional 14.3.1.7 § TBD Coverage and any applicable limits.) Construction Managerother insurance coverage to be provided by the (List below any 14.3.1.6 Other Insurance § ) in the aggregate. « »($ « ») per claim and « »($ « »than , with policy limits of not lessservicesprofessional performance of negligent acts, errors and omissions in the covering Professional Liability 14.3.1.5 § .) policy limit « »($ « ») each employee, and « »($ « »each accident, ) »« ($ « » than not less sCompensation at statutory limits and Employers Liability with policy limit Workers’ 14.3.1.4 § .erlying insurersonly through the actual payment by the undnarrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits 4.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide required under Sections 1such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages omobile Liability through a combination of primary and excess or umbrella liability insurance, provided that and AutConstruction Manager may achieve the required limits and coverage for Commercial General Liability The .3 § .automobile coverageing out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required arisper accident for bodily injury, death of any person, and property damage « »($ « » with policy limits of not less thanowned vehicles used, by the Construction Manager -Liability covering vehicles owned, and nonAutomobile 14.3.1.2 § .erty damagein the aggregate for bodily injury and prop « »($ « »and occurrence for each « »($ « » General Liability with policy limits of not less thanCommercial 14.3.1.1 § ins, the Owner shall reimburse the Construction Manager for any additional cost.Manager normally maintathis Agreement. If any of the requirements set forth below exceed the types and limits the Construction performed under the Preconstruction Services The Construction Manager shall maintain the following insurance for the duration of Phase Preconstruction .1314. § .2017, as modified–11 of the A201Article Insurance and bonds provided for this Project shall be described in this Article 14, Exhibit B to this Contract and in Bonds and 14.3 Insurance § 42 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 164¶« »¶¶Other provisions: .541 §Deleted: ipation of receiving bids or proposal requirements, and other information furnished by the Owner in antic sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or provides that the advertisement or invitation to bid, Instructions to Bidders, 2017 –Document A201here any additional documents that are intended to form part of the Contract Documents. AIA (List :if any, listed below ,Other documents .7 Pages Date Title Document Supplementary and other Conditions of the Contract: \] » «\[ « » .)2019 incorporated into this Agreement-the date of the E234(Insert :Constructor Edition, dated as indicated below2019, Sustainable Projects Exhibit, Construction Manager as –Document E234™AIA \] « » \[ (Check all boxes that apply.) Exhibits:Other .6 « » 2013 incorporated into this Agreement.)-(Insert the date of the E203 indicated below:2013, Building Information Modeling and Digital Data Exhibit, dated as –AIA Document E203™ .5 , as modifiedConditions of the Contract for Construction2017, General –™AIA Document A201 .4 2019, Exhibit B, Insurance and Bonds–AIA Document A133™ .3 2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed-Document A133™AIA .2 , as modifiedMaximum PriceCost of the Work Plus a Fee with a Guaranteed as Constructor where the basis of payment is the9, Standard Form of Agreement Between Owner and Construction Manager 1–™AIA Document A133 .1 The following documents comprise the Agreement: .251 § Owner and Construction Manager.instrument signed by both may be amended only by written Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement This Agreement represents the entire and integrated agreement between the Owner and the Construction .151 § AGREEMENT THE OF SCOPE 51 ARTICLE .to cover such deductibles use of the contingency or allowancest insurance without Construction Manager shall be responsible for all deductibles in subcontractor defaulbeneficiary-contractor, naming the Owner as cocovering the full value of the Work of each Subactor default insurance, ubcontrs, or equivalent shall obtain performance and payment bonds from all SubcontractorsThe Construction Manager 4.6.2§ 1 ment bonds to the extent they are duplicative of the Work.to post separate performance and payConstruction Manager shall not be required usual source and the cost thereof shall be included in the Cost of the Work.payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager’s Contract and shall furnish bonds covering faithful performance of the Construction Manager’s The Construction Manager .1 4.6§ 1 Performance Bond and Payment Bond 4.61 § 1-of A201 2Owner property insurance shall be in accordance with Section 11. The Insurance Required by the Owner4.5 1 § « » generate a read receipt for the transmission.)format such as name, title, and email address of the recipient and whether and how the system will be required to in electronic 2013, insert requirements for delivering notice–(If other than in accordance with AIA Document E203 25 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 165 (Printed name and title) title)(Printed name and »Vice PresidentNick Leimer« »MayorKim Norton« (Signature)CONSTRUCTION MANAGER (Signature) This Agreement is entered into as of the day and year first written above. » Construction Manager’s Proposal Request for Proposals Owner’s .)documents should be listed here only if intended to be part of the Contract Documentsproposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such 26 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document Minn. Stat. § 471.463 166 1.ytirohtuA .2 .dbuS.tcejorp eritne eht ton tub ,tcejorp ehtfo snoitrop cificeps sevlovni srotcartnoc edart yb demrofrep kroW .noitcurtsnoc fo snaemeht fo stnenopmoc rojam era ro tcejorp detelpmoc eht otni detaroprocni era taht srodnevro srotcartnoc yb dehsinruf tnempiuqe ro ,slairetam ,robal snaem "krow tcartnoc edarT" )l(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoc a rof snoitacifilauqgniticilos noitacilbup ro tnemucod eht snaem "snoitacifilauq rof tseuqeR" )k(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoca rof slasoporp gniticilos noitacilbup ro tnemucod eht snaem "slasoporp rof tseuqeR" )j(.ytilapicinum a rof ro yb ,egdirb ro ,yawhgih ,daor ,teerts a tpecxe ,tnemevorpmi rehtoro ,erutcurts ,gnidliub a egralne ro ,retla ,tcurtsnoc ot gnikatrednu na snaem "tcejorP" )i(.ytitnelagel rehto ro ,noitaicossa ,pihsrentrap ,noitaroproc ,laudividni na snaem "nosreP" )h(.sthgir lagel s'nosrepa fo noitressa ro esicrexe eht edulcni ton seod "ecneirepxe" ro "ecnamrofrep tsaP" )g(.1 noisividbus ,543.174 noitces rednu nevig gninaem eht sah "ytilapicinuM" )f(.tcartnoc eht ni ecirp mumixam deetnaraug eht deecxe tontsum hcihw fo mus eht ,tiforp dna daehrevo rof tnuoma na sulp tcartnoc eht ni deificepskrow eht mrofrep ot tsoc lautca eht fo sisab eht no diap si rotcartnocbus ro reganamnoitcurtsnoc a hcihw rednu tcartnoc a snaem "tcartnoc ecirp mumixam deetnarauG" )e(.krow fo epocs denifed a mrofrep ot tcartnoc a ot tnausrup diap si ksir ta reganamnoitcurtsnoc a taht tnuoma mumixam eht snaem "ecirp mumixam deetnarauG" )d(.demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs noitcurtsnoc ,ecirp mumixam deetnarauga edulcni llahs hcihw ,ytilapicinum a dna ksir ta reganam noitcurtsnoc a neewtebtcejorp a fo noitcurtsnoc rof tcartnoc a snaem "tcartnoc ksir ta reganam noitcurtsnoC" )c(.noitces siht ni serudecorp eht ot gnidrocca demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs ,ecirp eht rof ytilibisnopser ot detimilton tub gnidulcni ,ssecorp noitcurtsnoc eht eganam ot reganam noitcurtsnoc a sa tcaot ytilapicinum a yb detceles si ohw nosrep a snaem "ksir ta reganam noitcurtsnoC" )b(.nevig sgninaem eht evah noisividbus siht ni smret eht ,noitces siht fo sesoprup roF )a(.snoitinifeD .1 noisividbuS T RISKSection 471.463 - CONSTRUCTION MANAGER A S 167 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4632.noitces siht ni debircsed airetirc noitceles eht no desab tcartnocksir ta reganam noitcurtsnoc a drawa dna yreviled tcejorp fo dohtem ksir ta reganamnoitcurtsnoc a esu yam ytilapicinum a ,yrartnoc eht ot wal rehto yna gnidnatshtiwtoN.3 noisividbus ni dedivorp sa ,snoitacifilauq rof tseuqera fo tnetnoc etairporppa eht gninimreted rof serudecorp hsilbatse llahs ytilapicinum a )2(dna ;esitrepxe yrtsudni noitcurtsnoc sah mohw fo eno tsael ta ,snosrepeerht fo muminim a fo desopmoc eettimmoc noitceles a etaerc llahs ytilapicinuma ,tcejorp a rof ksir ta reganam noitcurtsnoc a ezilitu ot gninimreted nopu )1(:ylppa gniwollof eht ,ssecorp noitceles ksir ta reganam noitcurtsnoc a nI )a(.ssecorp noitceles ksir ta reganam noitcurtsnoC .4 .dbuS.ytilapicinumeht yb detangised rennam a ni desitrevda eb tsum snoitacifilauq rof stseuqer fo ecitoN )d(.secivres s'resoporp eht rof tsoc eht edulcniresoporp eht taht tnemeriuqer a edulcni yam airetirc snoitacifilauq rof tseuqer ehT )c(.ksir ta reganamnoitcurtsnoc eht fo sutats gniniagrab evitcelloc eht redisnoc ton tsum airetirc ehT .ksirta sreganam noitcurtsnoc fo noitapicitrap mumixam erusne ot stnemeriuqer elbanosaerdnoyeb snoitidnoc yrassecennu esopmi ton tsum airetirc snoitacifilauq rof tseuqer ehT )b(.sdrocer cilbup ot secnerefer ro,shpargotohp ,seiduts latnemnorivne ,serutcurts gnitsixe fo sledom ro sgniward ,stroperlios ,syevrus gnidulcni ,lairetam si senimreted ytilapicinum eht taht ytilapicinum a folortnoc ro noissessop eht ni noitamrofni rehto yna fo noitacol dna noitacifitnedi eht )7(dna ;sdnobtnemyap dna ecnamrofrep deriuqer ylirotutats dna ecnarusni rof stnemeriuqer eht )6(;tcejorp eht rof stimil tegdub elbacilppa yna )5(;tcejorp eht fo noitelpmoc dna tnemecnemmoc rof eludehcs eht )4(;ksir ta reganam noitcurtsnoc eht fo snoitacifilauq derised eht )3(;tcartnoc eht rof snoitidnoc dna smret desoporp eht )2(;noitces sihtfo stnemeriuqer eht ot ecnerefer a gnidulcni ,dohtem noitaulave ffo-edart ro gnirocs agniylppa ,rennam evitcejbo dna ,evititepmoc ,nepo na ni sdrawa gnikam rof serudecorpeht dna ,airetircbus dna airetirc hcae rof thgiew evitaler eht dna snoitacifilauq ehtgnitaulave rof airetircbus dna airetirc eht ,snoitacifilauq gnittimbus rof serudecorp )1(:stnemele gniwollof eht ,muminima ta ,niatnoc tsum snoitacifilauq rof tseuqer ehT .noitces siht ni dedivorp sa tcartnocksir ta reganam noitcurtsnoc hcae rof deraperp eb tsum snoitacifilauq rof tseuqer A )a(.snoitacifilauq fo noitaticiloS .3 .dbu (168 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4633 ssenisuB degatnavdasiD ro esirpretnE ssenisuB llamS ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac gnidulcni ,rotcurtsnoc a sa ecneirepxe s'mrif eht ot detimil tonsi tub edulcni yam ,ytilapicinum eht yb devorppa ,airetirc noitceles eht hcihw ni ssecorpnoitacifilauqerp evitcejbo dna ,evititepmoc ,nepo na no desab eb tsum smrif deifilauqfo tsil ehT .krow cificeps eht rof smrif deifilauq hcus fo ytilibaliava ot tcejbus ,htobro ,smrif esirpretnE ssenisuB degatnavdasiD ,smrif esirpretnE ssenisuB llamS deifilauqot detimil eb yam smrif deifilauq fo tsil ehT .smrif deifilauq fo tsil a morf tcejorpeht rof krow tcartnoc edart lla dib ylevititepmoc llahs ksir ta reganam noitcurtsnoc ehT )b(.slasoporp lla stcejer ytilapicinum eht ro resoporp a htiw dehcaersi tnemeerga na litnu seunitnoc ssecorp noitaitogen ehT .resoporp deknar tsehgih txen ehthtiw snoitaitogen nigeb yam ytilapicinum eht ,resoporp deknar tsehgih eht htiw dehcaereb tonnac tnemeerga na fI .tcartnoc eht fo smret dna tsoc eht no tnemeerga na hcaerot resoporp deknar tsehgih eht htiw snoitaitogen tcartnoc tcudnoc llahs ytilapicinum A )a(.tcartnoc ksir ta reganam noitcurtsnoC .5 .dbuS.slasoporp rof tseuqer ehtni debircsed eb tsum dohtem noitaulave ffo-edart ro gnirocs ehT .dohtem noitaulave ffo-edart ro gnirocs a gniylppa yb sresoporp eht knar llahs dna ,resoporp rehtona ot lasoporpeno ni deniatnoc noitamrofni laitnedifnoc ro yrateirporp yna esolcsid ton llahs tubsresoporp detsil-trohs eht htiw sweivretni lamrof tcudnoc yam eettimmoc noitceles ehT )f(.sresoporp detsil-trohs eht morf derised sanoitamrofni rehto dna tsoc gniriuqer slasoporp rof tseuqer a eussi llahs ytilapicinum A )e(.sresoporp evif ot owt fo tsil trohsa etaerc dna resoporp hcae fo noitacifilauq eht weiver llahs eettimmoc noitceles ehT )d(.slasoporp lla tcejer )4(ro ;dohtem tnemerucorp dewolla rehtona tceles )3(;snoitacifilauq rof tseuqerdesiver eht gnisu slasoporp wen ticilos neht dna snoitacifilauq rof tseuqer eht esiver )2(;slasoporp wen ticilos )1(:yam ytilapicinumeht ro sreganam noitcurtsnoc morf slasoporp owt tsael ta eviecer tsum ytilapicinum A )c(.snoitacifilauq rof tseuqer eht ot esnopser niresoporp eht yb dettimbus stcaf etairporppa rehto dna ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac ot detimil ton tub gnidulcni ,ksir ta reganam noitcurtsnoca sa resoporp a fo ecneirepxe eht etaulave llahs eettimmoc noitceles eht ,snoitacifilauqrof tseuqer eht ni htrof tes serudecorp dna airetirc eht htiw ecnadrocca nI )b E 169 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4634.3202/1/7 .ffe ,51-3 s,26 .hc ,swaL .nniM 3202 yb deddA Minn. Stat. § 471.463.tcejorp eht rof tcartnoc ecirp mumixamdeetnaraug a otni retne llahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT )c(.noisiced noitceles ro sdib eht fo weivers'ytilapicinum eht ni etapicitrap ton seod ksir ta reganam noitcurtsnoc eht fi krow tcartnocedart rof sdib timbus osla yam ksir ta reganam noitcurtsnoc eht ,tseuqer nopu ,lavorppas'ytilapicinum eht htiW .smrif deifilauq fo tsil eht fo noitisopmoc eht enimreted yltniojllahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT .ytilapicinum eht dna ksir tareganam noitcurtsnoc eht yb denifed sa snoitaredisnoc rehto dna ,noitacifitrec esirpretn M 170 sriaper?foorrof?gnidnuf?gniogno?dezirohtuA?.dezirohtuA?noitarotseR/tnemecalpeR?fooR?retneC?noitaerceR??2092J.oN?tcejorP?-?nalP?tnemevorpmI?latipaC?7202-2202?fo?noitpodA?-?gniteeM?licnuoC?:1202? ,01?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.foor?gnitsixeeht?no?snoitidnoc?tnerruc?eht?ot?eud?seussi?erutuf?sserdda?dna?gnikced?,lairetam?gnifoor?eht?ecalper?lliwtcejorp?sihT?.stsoc ?gnilooc?dna?gnitaeh?desaercni?ot?gnidael?eulav?noitalusni?lamreht?yna?sedivorp?regnolon?gnikced?foor?detarutas?erutsiom?eht?yllanoitidda?,skael?retaw?htiw?secaps?gnidliub?eht?fo?esu?tcapmi?otgninnig eb?era?seruliaf?esehT?.gnikced?foor?eht?otni?retaw?gniwolla?gniliaf?ylevitca?neeb?sah?dna?napsefillufesu?sti?tsap?si?foor?gnitsixe?ehT?.retneC?noitaerceR?retsehcoR?eht?fo?esu?dna?ytirgetni?larutcurts eht?niatniam?ot?deriuqer?si?tcejorp?siht?,slaog?ytilibaniatsus?dna?ytilibisnopser?lacsif?s'ytiC?eht?fo?trap?sA:tcapmI?IED?&?snoitaredisnoC?yciloP secivreS?ytilauQytilibaniatsuS?&?ytilibisnopseR?lacsi F:selpicnirP?lanoitadnuoF?&?seitiroirP.slaiciffo?tnemerucorp?cilbup?deifitrec?fo?maet?srentraP?AINMO?eht?yb?detidua?yllacidoirepdna?drawa?fo?emit?eht?ta?,ssecorp?PFR?eht?tuohguorht?deweiver?era?stcar tnoc?esehT??.drawa?erofebnoitaitogen?mret?dna?srodnev?morf?sesnopser?fo?noitaulave?,noitaticilos?desitrevda?ylcilbup?ediwnoitansedulcni?hcihw?ssecorp?noitaticilos?)PFR(?lasoporP?roF?tseuqeR?evititepm oc?a?hguorht?secivresdna?tnempiuqe?,slairetam?rof?srodnev?ot?stcartnoc?evitarepooc?sdrawa?margorp?ehT??.12.A321?noitceSetutatS?etatS?atosenniM?yb?dehsilbatse?evitarepooC?ecivreS?atosenniM?llewecruoS? 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Utilities Temporary 4. out. written herein though as same the Contract the in included be to deemed be will they and throughout, Contract the to apply shall project, the of construction over jurisdiction having authorities all of regulations and rules the and Ordinances, Municipal State Federal applicable all that fact the to directed is attention Contractor's The 1. bid. his/her in allowances make and project this of operations all governing rules the regarding information specific for Representative Owner's the contact shall Contractor The times. all at regulations such all shall personnel Contractor’s and Contractor The location. or operation their for standard a as set are which regulations, and rules certain has body governing local or The Regulations and 3. timeline. set the project the execute to duty their of them relieve not does fashion a in permits to contractor the of Inability permits. necessary all for authorities local with check to responsibility contractor’s the is It construction. of beginning the to prior held meeting construction-Pre Mandatory the at the to given be shall permits All Owner. the to permits all of copy a supply must Contractor Contractor. the by for paid and secured be shall work the of execution lawful the to necessary nature permanent or temporary a of licenses and permits All Licenses and Permits 2. Documents. Contract the with accordance in not are materials such if applied, not or applied whether materials, all and any to authority the has also and Contract the of execution proper the ensure to necessary whenever work the stop to authority the has rights, other representative, owner’s The Representative. Owner’s the is Supervisor Facilities ,Wood Zack Mr. Documents. Contract the in provided as work the to pertaining matters all in the of the is Representative Owner's The Representative Owner's 1. opening. bid after issued modifications written and opening, bid to prior issued Addenda Drawings, Project, Roof for Specifications and Bidders to Instructions General these of consist Documents Contract The awarded. is Contract project the whom to bidder successful the designate shall herein used as Contractor term The documents. these throughout such as indicated be shall Contractor the and Representatives, Owner's the Owner, The Requirements and Conditions General process. bidding the in participate to invited are contractors qualified All herein. described procedures bidding competitive the on project described the for contract a for basis the be will that specifications and terms the forth set to intended are Specifications and Bidders to Instructions General Intent and Purpose General of Statement 4 Improvements Envelope Center Rec 2024 Rochester of City 176 injury. or damage possible against personnel and property, goods, protect may the that order in work of areas relevant Representative, ’s the with communication daily for responsible is foreman, his or Contractor, The 4. Owner. the by attention his/her to abuses any correct to measures necessary take promptly shall and premises the on employees Contractor's the all of conduct the for responsible be shall foreman The 3. Contractor. the on binding as be shall foreman the to given instructions and directions all and Contractor the represent shall foreman The 2. Owner. the notifying without changed be not shall foreman The progress. in is work when times all at job the on Owner, the to satisfactory foreman, competent a keep shall Contractor The 1. Requirements Foreman 8. Documents. Contract the in specified as system overall the of part a be to deemed materials other and work, fasteners, insulation, materials, roofing all of installation and furnishing the include shall drawings, detailed and specification written the both including Documents, Contract the in for work The Work of Description 7. specifications. the by required as work of adjustment or cost extra resultant any assume shall Owner, the by compensation or reimbursement without Contractor, The 2. errors. construction avoid to site the at limitations of conditions other or levels, line grades, cuts, core dimensions, all and check field shall Contractor the involved, data the upon dependent work any on bidding Before 1. bid. his/her submitting when data pertinent all account into take and conditions existing the calculate to contractor the of responsibility the is It contractors. bidding the of responsibility the be shall data cut core and quantities Dimensions, Data Cut Core and Quantities Dimensions, of Verification 6. project. the before/after contractor the by photographed and reviewed be can areas All owner. the by determined that is condition Original project. the of completion upon condition original their to returned be shall areas up set All bid. its in same the for allowance made has and work the to pertinent items all of aware is Contractor that assume will The work. his/her affecting conditions field the determine to bid a submitting before site-job the visit shall Contractor The Site the of Condition 5. Representative. Owner’s the by directed otherwise unless only, exterior the from roof the to access gain shall workmen Contractor's The Representative. Owner's the by determined be to facilities said of location the with site job the at facilities suitable provide shall Contractor The Contractor. the of responsibility the be shall toilets Temporary facilities. provide will Contractor The 4. work. ’sContractor of commencement the to prior as satisfactory as least at condition a in facilities the leave and connections all remove shall Contractor the required, longer no are connections above the when or work, the of completion the At 3. system. water the to connections any complete shall Contractor The Owner. the by furnished be will purposes drinking and washing mortar, concrete, for water above, 4.1 paragraph to Subject 2. 5 Improvements Envelope Center Rec 2024 Rochester of City 177 materials. missing or damaged all replace to responsibility Contractor’s be shall it project, said for Contractor the by directly purchased are materials such When and vandalism weather, against possible as protection much as with stored be shall materials All used. be to is it which on job the and Manufacturer, the of address and name product, of type the stating package the of outside the to affixed be should legible and label Manufacturer's the have shall materials all of delivery The Material of Storage and Delivery 12. section. roof completed or new a on stored or on set be items other any or materials equipment, any will time no At 7. Owner. to acceptable be must used repair of method The inspection. final the to prior replaced or repaired be shall way, any in damaged or stained become have which grounds, or building the of areas Any 6. operations. roofing during or stained become not do walls exterior the that assure to enough wide be shall covering This roof. the of edge top the over and up extending wall the of base the from placed be shall covering protective a area, roof the to be will asphalt hot and/or materials where areas those In 5. owner. the to cost additional no at condition original to repaired be shall grounds or building existing the to damage Any performed. be will work where surfaces building all of exterior the and paving, copings, grounds, all protect shall Contractor work, any starting Before 4. times. all at surfaces roof protect to pallets wood on placed be then shall and necessary, as except surfaces, roof on than other locations in stored be will materials All 3. site. job the at stored materials of theft from or workers, ’sContractor or public, the to accident or to due arising loss any from harmless the save shall Contractor The 2. property. Owner’s the on times all at followed be must guidelines OSHA progress. in work the by, created or with, inherent dangers any from workers ’sContractor and the protect to necessary obstructions and/or guards signs, danger any times all at maintain and provide shall Contractor The 1. Contract. this from arising loss or from property adjacent any and property Owner's the protect shall and damage prevent to work their of all for protection adequate maintain shall Contractor The Property and Work of Protection 11. activities. other with conflict not does which manner a in progresses work Contract all that to Representative Owner's the with cooperate must Contractor the Documents, Contract the by covered work the as time same the at proceeding be will the of activities other Because 2. work. the on carrying to essential are that openings any close securely shall operations, Owner’s the protect to use in not when Contractor, The progress. in is work while operations Owner's the protect to necessary be may as etc. doors, tarpaulins, barriers, such erect to required be shall Contractor The 1. Operations Owner's of Continuation 10. job. any complete properly to necessary skill(s) available have not do who workmen any to right the reserves Representative Owner's The employed. are they which in work of class particular the in experienced thoroughly be shall workmen All Workmanship 9. 6 Improvements Envelope Center Rec 2024 Rochester of City 178 to necessary be may as etc., vouchers, such with together cost, the of amount correct a compile and keep shall Contractor the 4, or 3, 2, methods per as handled be shall cost extra the that reached is agreement If 5. cost unit By 4. fee fixed a with cost By 3. maximum guaranteed a plus cost By 2. adjustment price final By 1. following the of one in determined be shall work extra such of value The Owner. the to acceptable be may as time, of extension the in adjustments such for except Contract original the of conditions the done being work all with below as adjusted be shall price Contract the doing, so In desirable. deemed be time to time from may as additions or changes such order Contract, original the invalidating without may, The 4. completed. properly been had work additional said as time such until project any of progress the abeyance in hold to right the reserves The areas. related such in work perform to qualified contractors independent (2) two least at from bids competitive request to recommendations, said with compliance for necessary be labor and/or materials additional should the reserves the Furthermore, 3. expense. Contractor’s at Contractor the by system roof the of replacement and removal complete a to the entitle shall so do to Failure day. same that membrane modified installed properly the with covered be must day one any in laid base or insulation Any .procedure acceptable an not is roofing Phased 2. approved. are changes the as time such until condition watertight a providing for responsible be shall Contractor the Owner, the by determined as changes, any of because be progress Should Documents. Contract the in designated so is which area, roof any of condition watertight completely a maintain to responsible remains Contractor The 1. reimbursement. for signed and out form Notice” “Change the have must order change Any Owner. the to cost additional an at corrected, properly be shall deficiency a such Owner, the of request the At membrane. roof new the of performance term-long the will it degree what to concerning advice with Representative Owner’s the to reported be shall it project, the during detected be deficiency a Should work. of start the to prior deficiencies existing detect to steps reasonable take shall Contractor Progress/Changes In Work 14. roofs. adjacent and plumbing electrical, to, limited not but including, personnel; its or Contractor, the of actions the and project roofing the of a as facility, the to related temporarily or permanently item other any or vehicles, passing or parked any equipment," top "roof any grounds, and building the to damage any for be also will Contractor The 2. infiltration. water such of a as the by incurred costs labor all be will damages, as Included expense. Contractor's the at corrected be will practice, or procedure any of a as or manner, watertight a in work day's each secure to Contractor the of failure the from resulting infiltration water by caused damages All 1. operations. Owner's the with interfere to not as so storage material Contractor’s arrange shall and times all at rubbish from free premise the keep shall Contractor The Cleanup and Storage Material 13. 7 Improvements Envelope Center Rec 2024 Rochester of City 179 State and Local All work. the of duration the throughout Act Health and Safety Occupational of provisions applicable all with comply shall Contractor The Regulations Safety 19. 17. paragraph in above specified as by caused damage and correcting for liability Contractor’s nor occur, may which defects, for responsibility Contractor's the way no in shall price Contract the from deduction a Such therefore. upon agreed be shall price Contract the from deduction a incorrectly been has which work, correct Contractor the have to unnecessary it Representative Owner’s the If Work Uncorrected for Deduction 18. period. this during arise which defects, any repair promptly shall defects, such to due property Owner’s the to done damage any including Contractor, The items. list punch any/all of date completion from years (5) five for workmanship and materials all guarantee shall Contractor The Payment After Work of Correction 17. Contractor. the bill and completed work required all have to right the reserves the corrected not are items all if point such After list. final the on noted as work such complete to days calendar 14 has Contractor The replacement. or removal such by damaged or destroyed Owner, the or contractors, other of work all good making of cost the bear shall and Owner, the to expense without work, such any complete promptly shall Contractor The Representative. Owner’s and Contractor the to delivered being copies with punch a ,i.e.( format written in addressed be will change or repair require that items All Manufacturer. system roof the by completed be will inspection final a complete, is project the Once Payment to Prior Work of Correction 16. pertain. shall BILLS, GOVERNMENT OF PAYMENT PROMPT 471.425 forth set criteria the project this to related work ancillary other any For contractor. bidding the by performed-self be must project this on work related roofing All 3. developed. subsequently and observable time that at not were that defects to as except work, Contractor’s of execution the for proper and fit as work contractor's other the of acceptance an constitute shall report and inspect to failure Contractor's The unsuitable. work subsequent render will that work such in defects any of the shall Contractor The own. its with proceeding before work such approve and inspect shall Contractor the work, ’scontractor other or Owner's the upon depends work Contractor's the of portion any If 2. work. the of completion rapid the expedite to ability ’sContractor of best the to them with cooperate shall and material their store to opportunity reasonable a contractors such other shall Contractor The work. the with connection in contracts other allow to or work do to right the reserves The 1. Contracts Separate 15. be shall price Contract the to extra an for claims No change. a such authorizing the from order signed a of Contractor the by receipt upon except made be shall addition or change major No cost. material additional involve not do changes such providing job the expedite to necessary be may as additions or changes job minor make to authority the have shall Representative ’s The Representative. Owner's the to presentation for same substantiate 8 Improvements Envelope Center Rec 2024 Rochester of City 180 minimum a in and person (1) one any to injuries for $1,000,000.00 of amount minimum a in Liability, Bodily (A) than less be not shall which Liability Damage Property and Bodily Contract, this of life the during maintain and procure shall Contractor $5,000,000. - Aggregate General 1. Meeting. Preconstruction the at Representative Owner’s the to delivered be shall requirements insurance such of copy A requirements. insurance following the for responsible be shall Contractor Requirements Insurance 21. times. all at with complied be shall ordinances noise Municipal and Local All areas. adjacent and/or site job the on be to workmen for permissible be will that day the of hours the and schedule work the arrange to Representative Owner’s the contact shall Contractor the awarded, is Contract the When Days and Work 20. Representative. Owner's the from approval to subject being location the building; the from distance safe a at ground the on located be shall equipment Pumping 10. .designed is roof the which for load the exceed not shall point any at roof the on placed loads Any 9. use. in is equipment while times all at attendance in be shall operators Competent 8. location. each at located extinguisher sized-full serviceable, (1) one least at be will There used. being torch the of feet (25) five-twenty located be will extinguisher Said project. the on used being unit torch each for present extinguisher fire (1) one be shall There basis. a on personnel qualified by serviced and a once than less no checked be should extinguishers All times. all at site job the on present be shall extinguishers Fire against guarding for responsible be shall Contractor The 7. personnel. emergency of numbers and facilities medical nearest the of knowledge and aid first of application the in training have should project each of Foreman The kit. approved an be shall and etc. fractures, burns, of treatment the for materials proper the contain shall kits site. job each of area up-set the in located be will kits aid first Proper 6. progress. in is work where areas those in placed be to are flags feet. (6) six exceeds ground the to top roof the from distance the area any in placed be shall (perimeter flags Safety 5. only. persons of transportation the for exclusively used and lines from away kept be must ladders All top. roof the above feet (3) three of minimum a extend shall ladder the of rails Side bottom. the at placed and top the at tied properly be must Ladders 4. grounded. properly be shall applicable, where and operation, safe for inspected be also shall tools hand All condition. operating safe in and assembled properly is it that to project the to prior checked be will equipment All 3. above. hazards are there when used be shall hats Hard dress. standard the be to considered be will top the to laced shoes top-high and without pants properly shirt sleeved-long A .times all at worn be shall clothing Proper 2. windows. and intakes air fresh enter would dust and where areas from away equipment all Locate obstructions. overhead and wires of clear and reasonably ground, firm on be shall area up Set 1. following: the to limited not but to addition in followed be shall regulations 9 Improvements Envelope Center Rec 2024 Rochester of City 181 nature. any of coverage provide to responsibility no has the that acknowledges also Contractor Documents. Contract the of requirements coverage with complied totally has he that the to acknowledges compliance, insurance of statement executing by Contractor, The 4. Representative. ’s the by received been has which Owner, the to written day (30) a after except altered, materially or canceled be will specified coverage insurance the of none that and coverage insurance to relating Specification this of provisions all with complied has Contractor that stating letterhead his on statement notarized and signed properly a the furnish shall Contractor 3. site. job the on work in engaged employees ’sContractor all for insurance Liability Employers and Compensation Workmen's statutory Contract this of life the during maintain shall Contractor 2. Contract. this of completion after years (2) two of period a for insurance Operation Completed a force in kept and include to is coverage insurance Liability Comprehensive Contractor's accident. automobile any of account on $1,000,000.00 of amount minimum a in insurance Damage Property (C) and accidents; damage property automobile than other accidents all of account on damage for $1,000,000.00 of amount minimum a in insurance Damage Property (B) accident; (1) one any of account on $1,000,000.00 of amount 10 Improvements Envelope Center Rec 2024 Rochester of City 182 BILLS. GOVERNMENT OF PAYMENT PROMPT 471.425 subcontractors. to pertain regulations following the project this to related work ancillary any For contractor. bidding the by performed-self be must project this on work related-roofing All - Payment Subcontractor & Payment Prompt 3. projects. for requirements bond statutory the to conform must All 5. Contract. the as date same the bear shall Suppliers. Material and Subcontractor's all of protection the for required be will Contract the of amount full the for bond Material and A 4. Owner. by accepted been has work the after year (1) one of period a for Contract the work any in workmanship or material defective against guarantees cover shall bond This agreed time the work specified the of completion satisfactory and Contract the of provisions all of performance faithful the shall bond This Contract. the of amount full the for required be will Bond Performance A 3. bid. total the of (5%) percent five than less not of amount an in and bank, solvent a from drafted Certified a be must check said granted, is approval such If bids. the of opening the to prior the by granted is approval-pre unless Bid a of lieu in acceptable be not shall Checks Certified 2. opening. bid of date the from days, (30) exceeding not but to, up period a for Bond Bid such any hold to right the has the that agree bidders All read. and opened are bids after promptly returned be will bidders other all of security Bid thereof. made is disposition other or awarded is Contract the until retained be will bidders lowest (3) three the of security Bid bids. all accompany must price bidding total the of (5%) percent five than less not of amount an in Bonds, Bid 1. bid. Contractor's the in included be shall these for premiums The award. Contract the of days (10) ten Material & and Bond Performance a furnish to required be will Contractor successful The Requirements Bond 2. Bid”. the of "Preparation described are bids, all of submittal for dates and times the dates, bidding information Additional M.P:001 at 2024 ,7th February on Center Rec Rochester of City the at held be will Contractors bidding for Meeting Bid-Pre The bidding. from disqualified be shall Conference bid-Pre the attend not do who Contractors herein. contained project each for Conference Bid-Pre (1) one only be shall There Documents. Contract the of comprehension to and site job the inspect to Conference bid-Pre Mandatory a attend must Contractors All Contractors Bidding for Conference 1. herein. contemplated work the complete to and Contract the of obligations the out carry to qualified properly is bidder such that the satisfy to fails bidder such of investigation or by, submitted evidence the if bid any reject to right the reserves The alternates. or request or bids, of presentation and preparation the in bidders by incurred costs any for responsible not is time. any at process bidding the cancel may discrepancies. and irregularities informalities, waive to and bidder, any of experience and qualifications the investigate to bids, all or any reject to right the reserves expressly The Bidders to Instructions General 11 Improvements Envelope Center Rec 2024 Rochester of City 183 undisputed any on subcontractor the to a of part any or per percent 1/2-1 of interest pay to contractor prime the require must contract The subcontractor. the by provided services undisputed for municipality the from payment of receipt contractor's prime the of days ten subcontractor any pay to contractor prime the require must municipality a of contract Each .subcontractors to payment Prompta..4 vendor. the due penalty interest actual the pay and calculate shall municipality the than less of balances unpaid For $10. is more or $100 of bill overdue one any for balance unpaid the for vendor a pay calculaand shall municipality a that payment penalty interest monthly minimum The (d) fees. attorney's and costs recover may vendor the good in not is municipality the by undertaken delay such If thereto. related omission or error defect, any or compliance, contract service, or product the of fitness the regarding vendor the with dispute faith good a to due obligation vendor a of payment delays who purchaser a against accrue may penalties interest No (c) month. a of part or per percent 1/2-1 be shall period payment standard the during or contract the of terms the to according paid not obligation the of balance outstanding the on municipality the by paid and calculated interest of rate The (b) municipality. the by audit the of completion the until be not shall invoice vendor's the of payment and acceptance before municipality the by audit an requires which municipality a and vendor a between agreement or contract negotiated a for period payment standard The 2. subdivision in defined as period payment standard the apply, terms contract no if or, contract the of terms the to according obligation the paid not has municipality the if vendor a to interest pay and calculate shall municipality a section, this in provided otherwise Except (a) required. payments late on interest of Payment4. 2. subdivision in defined period payment standard the obligation the pay must municipality the vendor, the from invoice corrected a receiving Upon receipt. of date the of days ten vendor the must municipality the improper, otherwise or defective incorrect, is invoice an If errors. Invoice3. receipt. of date the of days 45 is period payment standard the ,471.59 section organized organizations powers joint For (c) is whichever services, or the for invoice the or services or the of receipt after days 45 as defined is period payment standard the month, a once least at meet regularly not do boards governing municipalities For (b) receipt. of date the of days 35 as defined is period payment standard the month, a once least at meetings scheduled regularly have which boards governing have who municipalities For (a) follows: as defined is period payment Standard obligation. the disputes faith good in municipality the unless period payment standard the apply, terms contract no if or, contract the of terms the to according obligation vendor each pay must municipality A .required Payment2. 473. chapter created agency or board any or Council Metropolitan the "Municipality" government. local of agency or subdivision political district, school town, county, city, statutory or charter rule home any "Municipality" (d) boards. county and boards town councils, city to, limited not is but includes, and municipality the of board appointed or elected the board" "Governing (c) is whichever services, or the of delivery the for invoice the of receipt the or thereof, portion specified or assembly installation, satisfactory the or services or the of delivery completed the receipt" of "Date (b) stated. clearly are payments late for penalty other or interest any of conditions and terms the which in parties both by signed documents or document legal written any "Contract" (a) given here meanings the have terms following the section, this of purposes the For .1.Definitions Subdivision 12 Improvements Envelope Center Rec 2024 Rochester of City 184 Statement. Financial 12. agent: of address and Name 1.24.1 company: bonding the of Name 1.14.1 Surety: 11. forces. own your with performed work the of cost the of percentage and completion of date amount, contract architect, owner, project, the of name the years, five past the in Minnesota in completed has organization your projects major the list sheet, separate a On 10. date. completion scheduled and complete percent amount, contract architect, owner, project, the of the progress, in has organization your Minnesota in projects major list sheet, separate a On 9. officers? its or organization your against outstanding or pending suits or proceedings arbitration claims, judgments, any there Are 4.8.1 details.) please yes, is below questions the of any to answer the (If Suits. and Claims 8. Minnesota? in business do to qualified legally organization your Is 7. principals: the name and it describe above, those than other is organization your of form the If 6. Owner: of Name and organization of Date 4.5.1 following: the answer owned, individually is organization your If 5. partner(s): general of Name(s) 4.4.3 applicable): (if partnership of Type 4.4.2 organization: of Date 4.4.1 following: the answer partnership, a is organization your If 4. incorporation: of State 4.3.2 incorporation: of Date 4.3.1 following: the answer corporation, a is organization your If 3. operated? organization your has former or other what business present its business in been organization your has years many How 2. organization. each for 4. Section requirements information all out fill please so, If years? (15) fifteen last the reason any for bankruptcy declared or changed organization your Has Contractor? a as business in been organization your has years many How 1. information: following the furnish Owner, the by requested when bidder successful the Contractor, the of responsibility financial and qualifications the evaluate to the enable To Bidder of Competency 4. List Subcontractors Tier First - 1-A Attachment 2) Compliance of Certification and Contractor Responsible- A Attachment 1) Bid” the of “Preparation See - Required Documents Additional section. this to subject not are fees late regarding practice approved an commission utilities the with file on has that 237.01 section in defined as company telephone a or 216B.02 section in defined as utility a with service for contracts or from Purchases remodeling. and repair construction, services, for contracts and rents, and leases goods, all to applies section This Applicability.5. action. the bringing in incurred fees, attorney's including disbursements, and costs its awarded be must contractor prime a from penalties interest collect to civil a in prevails who subcontractor A subcontractor. the to due penalty actual the pay shall contractor prime the than less of balance unpaid an For $10. is more or $100 of balance unpaid an for payment penalty interest monthly minimum The subcontractor. the to time on paid not amount 13 Improvements Envelope Center Rec 2024 Rochester of City 185 completed. work additional any for Subcontractor or Contractor the compensate to the of part the on responsibility any void will change actual the to prior form this submit and complete properly to Failure proposed. as Specification base the from deletions or additions requesting for form approved only the constitute shall Documents, Contract the in provided as form, Notice Change The Changes of Notification 8. Documents. Contract the of part become shall issued so addenda Any submitted. as bid his/her obligation any from bidder such relieve not shall discrepancies said of interpretation or addendum such any receive to bidder any of Failure bid. his in addendum the in for work include to Contractor the of failure the of because canceled be will extras No bids. the of opening the to riorp hours (48) eight-forty than less no the to submitted be must discrepancies All binding. or legal considered be not will addendum, an by confirmed unless decisions, or instructions, Oral concerned. bidders all to addendum written a send will who once, at Representative Owner’s the shall bidder the meaning, their to as in are items any if or Specifications, and/or drawing the in discrepancies any find bidder a Should Addendum and Discrepancies 7. Contract. his of provisions the out carry to necessary labor and material all furnish to obligation his of bidder successful a relieve not will so do to Failure thereon. labor of employment the and project the of construction to relating condition the of fully himself must bidder Each Specifications. these satisfy to required quantities initial the estimating for and measurements all of accuracy the for responsible be shall contractors bidding The and Quantities Measurements, of Responsibility 6. owner. the by evident deemed causes other Any 8. drawings. detailed or documents written the of divisions all forth set limitations services and performance all meet to contractor the of Failure 7. submitted. as statements, equipment or experience, financial, by revealed as responsibility of Lack 6. awarded. so if work additional of completion prompt the prevent or hinder might Owner, the of judgment the in which Contracts, other work incomplete or work past by as expertise of Lack 5. Representative. Owner’s the to referred be shall award Contract of progress the regarding questions Any .accepted be not will bids the of opening the after Proposal the in Changes Contract. said of award the to prior and opening bid the after Contractor bidding and the between form, any in contact, Direct 4. bid. contactor’s the disqualify shall format said in changes or to additions Any amounts. bidding their present to which from format an contractors bidding all to designed is Proposal The Proposal. said on part any of deleting or changing the as defined be shall use Incorrect Owner. the by provided as "Proposal" the of use Incorrect 3. bidders. collusion of evidence Any 2. .Dates Bidding described so place and time the at meeting bid-pre mandatory the attend to failure The 1. bid: his/her of rejection the and bidder a of disqualification for sufficient be to considered be may causes following the of (or one Any Bidders of Disqualification 5. statement. income and sheet balance organization’s your with statement financial audited An 2.14.1 14 Improvements Envelope Center Rec 2024 Rochester of City 186 warranty. the of life the throughout owner the to cost no at site job the of inspections annual perform also must representative manufacturer’s The – inspections Annual 10. Guarantee/Responsibilities). Manufacturer's 11. (see completion job of days calendar 30 owner the to warranty the of copy a Deliver – Copy Hard Warranty 9. completion. such of owner the completed. been have items list punch all that field also must representative manufacturer’s The representative. owner’s the to delivered be must this of copy A documents. contract the to relation in work all completed has contractor the once inspection final a complete must representative ’smanufacturer The - Inspection Final 8. review. to owner the for internet the on photos) construction (including progress weekly a post must representative manufacturer’s The – progress Weekly 7. inspection. site-job daily perform must representative manufacturer’s The – inspections site-Job Routine 6. meeting. preconstruction the covered be to items all illustrating document a Include trades. relative all with meeting preconstruction formal the coordinating and scheduling to responsible be will representative manufacturer’s The – Meeting Preconstruction 5. internet. the via obtainable be must reports progress job All photos. site-job including progress sample a view and line-on go to owner the for information access the Give format. reporting electronic manufacturer’s the for information Show – Format Reporting Electronic 4. subcontracted. not manufacturer, the of employees be must representative Manufacturer’s company. the with experience years’ 20 of minimum a have must representative Each information. contact including project roof the monitoring be will that representatives two of minimum a List – representative Manufacturer’s 3. project. specified the during the to provided be to services following the illustrating manufacturer the from notarized and signed report a by accompanied be must request substitution material Any - Services Manufacturer rejected. be will approval engineer licensed without submitted requests Substitution take to is installation the which in state the in license engineer professional a by signed and stamped, certified, drawings detailed and specification written the have also must substitution a requesting party The – Certification Design 2. rejected. be will approval engineer licensed without submitted requests Substitution specification. this in criteria performance and the exceed or meet material(s) requested the that show must This - Certification Material 1. documents. following the contain must report The place. take to is installation the which in state the in licensed engineer professional a by sealed and signed report a by accompanied be must request substitution material Any - Services Engineering above. time/date the by representative owner’s the to delivered be must Samples Material and Services Manufacturer Services, Engineering items All only. addenda via be shall substitutions approved Any .2024 ,th 15 February on, 3:00PM by representative owner’s the to delivered be must substitution for request Any required. standard the of indicative being as regarded be shall it herein specified is name trade or material of make particular a Whenever meeting. bid-pre mandatory the at present was who contractor bidding a by submitted if considered be only will substitution for request A Material Specified of Substitution 9. 15 Improvements Envelope Center Rec 2024 Rochester of City 187 Manufacturer. the of representative qualified a by progresses work the as system roof the of inspections daily coordinate and for arrange to required be shall Contractor intent, that of furtherance In project. such bidding to prior manufacturer the of applicator approved an be must contractor The guarantee. Manufacturer’s the to able be not will Contractor the that Contractor the by work the on based reason no be should there completed, is work the when that, specifications the of the is It 5. Representative. ’s the and representative its and Manufacturer the of satisfaction the to completed are items all as time such until payment final withhold to right the reserves The 4. inspection. of date from days calendar (15) fifteen completed be shall inspection final the during noted items All 3. received. properly been have warranties all as time such until price Contract Original the of (5%) percent five withhold to necessary, if the reserves The 2. inspection. final of date the from days (30) guarantee original the Representative Owner's the to directly submit shall Manufacturer The 1. insulation). existing (ie: place in remaining components existing & panels roof panels, wall system, roof new the including project the of elements all cover will warranty One project. this on panels roof the and panels wall roofing, slope low the both for required is manufacturer One Guarantee/Responsibilities Manufacturer's 11. Contractor. said with Contracts pending all cancel to right the reserves the date(s) start scheduled the meet to unable be Contractor the Should date. start anticipated the of days (5) five writing in Representative Owner’s and the advise shall Contractor 2. ,31st November than later no complete 100% be and 2024 ,st 1 April between work complete shall Contractor 1. timeframe: following the implement shall Contractor The Completion and Date Start 10. surfacing. aggregate final the to up deck the from components roofing associated all include and 18” x 18” least at be shall sample The system. roof proposed the of up”- sample A 15. warranties. executed the as well as included be also must numbers and contact of list A Representative. Owner's the by inspection for available be must each and old years (10) ten least at be must job Each site. project the of radius mile (100) hundred 100 a located be must jobs conditions. similar used was material alternate proposed the where jobs (5) five least at of list A 14. materials. specified the of those with materials proposed all of attributes performance and physical the comparing laboratory testing accredited an from certificate A 13. samples. material the accompany must sheets MSDS and sheets data All project. the on used be to materials or adhesives all of sample quart A 12. samples. material the accompany must sheets MSDS and sheets data All approved. be not will criteria performance the exceed or meet not do that samples Material specification. this in criteria performance the exceed or meet that sheet all of sample 12") x (12" inch-twelve by inch twelve A 11. documentation. supporting and/or samples material following the include must request substitution Any - Samples Material 16 Improvements Envelope Center Rec 2024 Rochester of City 188 writing. in Representative Owner's the by submitted be shall and meeting this during noted so be shall conditions existing Any project. related the from resulting facilities the to damage additional any of repair and/or correction the for responsible be shall Contractor the and recorded, be shall areas grounds and buildings the of condition The Representative. Manufacturer’s the and Representative, Owner's the Contractor, the include shall meeting This project. each of start the to prior held be shall meeting construction-pre The Meeting Construction-Pre 14. fees. attorney and cost all including lien a such discharge to funds necessary the to refund shall Contractor the remains, lien; any and made been has payment full or part that event the in and obligation above the from Contractor the release way any in shall payment final nor part Neither of hazards all against the indemnify to bond a furnish his/her at may Contractor the above, the of lieu In be could lien a which for material and labor the all involving receipts or liens the that affidavit an furnish shall Contractor the case, In job. the on labor and materials all for full in receipts thereof, lieu in or Contract this of out arising liens all of full in release a the furnish must Contractor The 13. project. their on used subcontractors any of list a including form, IC134 Revenue of Department / MN of State completed a provided been has the until withheld be shall payment Final 7. Representative. Owners from completion of verification written has and up,-clean necessary all including met, are Specifications of provisions all until withheld be shall payment Final 6. interest. best their in deemed if materials, for suppliers other and Contractor the to Checks Joint issue to right the reserves 5. Owner. and/or Surety the by writing in upon agreed unless waived be not shall requirement This waiver. the of date the by received payment of amount cumulative the list shall and completed properly be shall lien of waivers Partial payment. the of disbursement acknowledge and confirm to request payment each accompany shall Owner, the by requested as applicable, where Subcontractors, and Suppliers major all from lien of waiver Partial 4. performed. work the of acceptance or approval as viewed be payments such shall nor Contract, this obligations performance of Contractor the relieve not shall payments progress or Partial 3. project. the of start the to prior writing in upon agreed as made be to is Payment time. that at completed work of percentage the to equivalent price Contract total the of percent Five-Ninety than more no Contractor, the of request the upon pay, to agrees the progress, in is job the When 2. site. job the to delivery upon materials for Contractor the pay will The materials. such all for (100%) final in payment for invoice proper the submit to site, job the to materials of delivery upon the has Contractor The 1. project. this on work of commencement the to prior retainer and payment for procedure Owner's the Owner, with establish shall Contractor Accordingly, payment. of issuance the to prior Representative Owner's the by approved be shall completion job or progress, in work notices, change site, on material for requests payment All Payments of Schedule 12. Documents. Contract the and requirements Manufacturer’s the with accordance in work the perform to failure or work the in deficiencies any note shall and work the observe shall inspector The 17 Improvements Envelope Center Rec 2024 Rochester of City 189 thereof. postponement authorized or bids the of opening the for time scheduled the to prior withdrawn be may bid Any 4. thereof. opening the for set time the after days (30) of period a for withdrawn be shall bid No ids.b all and any to right the reserves the but bidder, responsible and responsive lowest the to contact the award to intends 3. disqualified. Contractor the and rejected thus and invalid considered be shall 17.1 in specified as time and date the after submitted are which bids Any 2. described. herein place and time the at delivered properly been have documents all that ensure to responsibility sole Contractor's the be shall It offices. Owner’s the in aloud read and opened be shall bids qualified All MN Rochester, SE Street th 4 201 Wood Zack Attn: Hall City Rochester of City address. following the to MP:001 than later no 4202 ,21st February ,Thursday on: due are bids All 1. bid. this to respect in obligation any from bidder the relieve way no in shall document or instrument form, any examine to bidder any of omission or failure The Documents. Contract the with familiar thoroughly be and read have to and site the inspected have to presumed be will bidder each bids, of opening the of time the At Envelopes of Opening The 17. MN Rochester, SE Street th 4 201 Wood Zack Attn: Hall City Rochester of City to: addressed and envelope another in enclosed be must bid and statement qualification the containing envelopes sealed the mail, by forwarded If 2. address. his/her with bidder the of name the state clearly must envelope each of outside the on Bearing LIST SUBCONTRACTORS TIER- - B Attachment 4. COMPLIANCE OF CERTIFICATION AND CONTRACTOR RESPONSIBLE- A Attachment 3. 5% - Bond Bid 2. Material Partners (Including Form Proposal Bid 1. documents: following the with submitted be must delivered bid Each 1. figures. and words both in typewritten, or ink, using in be must bid for spaces blank All form. prescribed the on submitted be must bid Each Bid the of Preparation 16. identified. previously not where discovered decking or insulation defective any Representative Owner's the of attention the to bring to work the of course the during responsibility Contractor's the is It .Representative Owner’s the to directed be should bid this regarding Questions Questions Contractor 15. 18 Improvements Envelope Center Rec 2024 Rochester of City 190 frame. time allotted the in completed fully be cannot project the if opinion the upon bids reject or accept to right the reserves The delays. weather for time loss including schedule summer the project the complete to ability the showing schedule construction a submit request, upon to, required be will contractor bidding Any Size Crew Minimum 20. etc. piping, water in lead (PCB), biphenyl polychlorinated asbestos, containing products or materials hazardous install or provide or bid not Do Materials Hazardous 19. applicable. is whichever Manual, NRCA the of publication the to according or directions Manufacturer's the with accordance in done be will procedures quotation. bidders’ the in reflected be should and work the in included be shall inferable, reasonably but specifications, these in itemized not Procedures Procedures Standardized 18. 19 Improvements Envelope Center Rec 2024 Rochester of Rev. 1 191 based business.-Each SBE also must be a Minnesota CERT.or MnUCP, TG/ED, nder an entity certified as a small business u –mall Business Enterprise (SBE) S 1. .with the project bid 3)-COReference in Bidding Form (Form Prthe and submit must complete To request this preference, the payment due to the contractor under the contract. award amount or and will not be used to determine the contract the purpose of evaluating bids will be applied only forThe preference exceed $60,000.00. is applied only to the first $1 million of the solicitation and will not . The preference to 6 percentreceive a preference of up businesses will )SBEBusiness Enterprises (and )VBESmall Businesses Enterprise (wned O-VeteranWhen bidding as a Prime Contractor, A. PREFERENCE IN BIDDING 1.3 development/central-business-compliance-opportunity/contract-conomice-equal-rights-https://www.stpaul.gov/departments/human 3. http://www.mmd.admin .state.mn.us/mn02001.htmTG/ED: 2. https://mnucp.org/MnUCP: 1. websites: ’programs can be found at the programseligibility criteria and the process for obtaining a TB certification for the indicated Information about the C. -1230.1600Commissioner of the Minnesota Department of Administration and can be found at Minn. Rule Parts are established by the TBs Rules regarding eligibility and the designation of . )CERT Program (MN Central Certification , or City of Saint Paul,)TG/ED Owned Small Business Procurement Program (-), MN Department of Administration Targeted Group/Economically Disadvantaged/Veteran MnUCP(tted by one of the following certification programs: Minnesota Unified Certification Program submiTo participate in the City of Rochester TB program, a business must be certified at the time the bid is B. ownership held by minority, women, veterans, or disabled persons.ses (TB) are economically disadvantaged small business enterprises with majority Targeted Busines A. ELIGIBILITY 1.2 2) upon final payment.-CORTotal Payment Affidavit (Form The Prime Contractor shall complete and submit a Targeted Business D. . 8)-(Form COR basiss contract on a monthly as part of thi /suppliers/service providers/subconsultantscontractorssubTB made with changes data and contract contract send via email to the PM shallThe Prime Contractor C. City or Rochester Capital Improvement projects. associated with ther work required to meet the Targeted Business Requirements as monitoring and compliance fon all aspects of performance, o swork. He/she and Workforce Participation Plan Targeted Business a Project Manager (PM) assigned to implementing the City of RochesterThe City of Rochester has B. .Plan and Workforce ParticipationBusiness Targeted and the City of Rochester as amended program as authorized in Minn. Statute 161.321 (TB) BusinessTargeted This contract is subject to the A. RULES AND REPORTING .11 1 GENERAL –PART REQUIREMENTS TARGETED BUSINESS PROJECT CAPITAL IMPROVEMENT STERCITY OF ROCHE SECTION 00 XX XXXX 6of 1Page 1/202 Rev. 1 192 case basis.-by-Compliance with the adequate good faith efforts requirement will be determined on a casecases. relevant in appropriate Other factors or types of efforts may be o be exclusive or exhaustive. intended tor is it This is not a mandatory checklist, nthe following list of actions. will consider PMthe faith efforts, sufficient participation, even if they were not fully successful. In evaluating the bidder’s adequate good ctive, could reasonably be expected to obtain their scope, intensity, and appropriateness to the objeby goals which The bidder must show that it took all necessary and reasonable steps to achieve the TB B. efforts are not good faith efforts to meet these contract requirements.ract goals. Mere pro forma aggressively trying to obtain TB participation sufficient to meet the contbidder should be those that one could reasonably expect a bidder to take if the bidder were actively and erent kinds of efforts that the bidder has made. The efforts employed by the and intensity of the diffwill consider the quality, quantity, PMthat did not meet the goal made adequate good faith efforts. The effort documents submitted by the bidder and make a fair and reasonable judgment whether a bidder will review the good faith PMmade adequate good faith efforts in attempting to meet the goal. The the bidder must demonstrate that it participation goal(s),In the bidder’s request for a waiver from the TB A. FAITH EFFORTSOF GOOD 1.6 EVALUATION case basis with consideration of the specific facts and circumstances. -by-case a on its good faith efforts to obtain the participation of TB in the contract. The determination is made on evaluated based A bidder will be were not reasonably available. (s)bidder has demonstrated that TB will evaluate the waiver request and supporting documentation to determine whether the PMThe D. .provide to demonstrate its good faith efforts can Any additional information the bidderx , Parts 1 and 2)5-OR(Form C Certificate of Good Faith Effortsx the bidder must complete and submit the following documents:To request a waiver, at the bid is nonresponsive. thmay result in a determination of Good Faith Effortsand provide the Certification Failure to request a waiver are not reasonably available. (s)that eligible TBThe bidder must provide information showing .5)-ORCte of Good Faith Efforts (Form a Certificaprovide iver from the goal requirementoal, it must apply for a waGIf the bidder does not meet the TB C. .4)-CORbmit the TB Bidders List (Form suprogram, it must If the bidder meets the established goals for the TB B. .calendar day after the bids are due th before 4:30pm Central Time on the 5This submission is due or (2) request a waiver of the goal. goal participationthat it meets the TB he bidder is required to either (1) provide information demonstrating ward, tAontract CTo be eligible for A. BEFORE CONTRACT AWARD–GOAL OR A WAIVER REQUESTTB THE ACHIEVEMENT OF 1.5 and to determine whether a TB performs a commercially useful function.will use to count TB credit PMcommercially useful function. Section 1.8 describes the standards the erforms a The Contractor gets TB credit only for work actually performed by a TB firm who p B. .Project Costof the Total .0%7 ation goal for this project is The TB particip A. GOAL TB 1.4 based business.-Department of Veteran Affairs. Each VBE also must be a MinnesotaStates Small Business (SDVOSB) or a Veteran Owned Small Business (VOSB) by the United Disabled Veteran Owned -is a firm certified as a Service owned small business (VBE)-he VeteranT 2. 6of 2Page 1/202 Rev. 1 193 Faith Efforts after submitted with the original bid proposal and reviewed. 3/20/2020Good The City of Rochester is no longer accepting requests for Administrative Reconsiderations for A. ADMINISTRATIVE RECONSIDERATIONS 1.7 .Bcase basis to provide assistance in the recruitment and placement of T-by-and other organizations as allowed on a case assistance offices, State and local business groups,ailable community organizations, contractors’ Effectively using the services of av Recruitment: 8. supplies, materials, or related assistance or services.in obtaining necessary equipment, Making efforts to assist interested TB: Equipment Assistance 7. insurance as required by the recipient or bidder.Making efforts to assist interested TB in obtaining bonding, lines of credit, or : Financial Assistance 6. efforts to meet the project goal(s).der’s solicitation of bids in the bid-employee status) are not legitimate causes for the rejection or non-organizations, or associates and political or social affiliations (for example, union vs. nonmembership in specific groups, ts industry orng within i capabilities. The bidder’s standi rejecting TB as being unqualified without sound reasons based on a thorough investigation of their Not :Rejection of TB higher quotes from TB if the price difference is excessive or unreasonable.owever, required to accept Prime contractors are not, hty to make good faith efforts. the responsibilicontractor to perform the work of a contract with its own organization does not relieve the bidder of the ability or desire of a prime ,, as long as such costs are reasonable. Alsocontract TB goal involved in finding and using TB is not in itself sufficient reason for the bidder’s failure to meet the However, the fact that there may be some additional costs ract goals into consideration. as cont firm’s price and capabilities as well subcontractors, including TB subcontractors, and would take aA bidder using good business judgment would consider a number of factors in negotiating with 5. perform the work. TB toagreements could not be reached for cting; and evidence as to why additional specifications for the work selected for subcontraof TB that were considered; a description of the information provided regarding the plans and participation. Evidence of such negotiation includes the names, addresses, and telephone numbers facilitate TB so as to tractors and suppliers material needs consistent with the available TBwork available to TB subcontractors and suppliers and to select those portions of the work or Negotiation in good faith with interested TB. It is the bidder’s responsibility to make a portion of the 4. n.solicitatioa specifications, and requirements of the contract in a timely manner to assist them in responding to ssistance to interested TBs with adequate information about the plans, Providing information and a 3. work items with its own forces.erform these prime contractor might otherwise pcontract work items into economically feasible units to facilitate TB participation, even when the This includes, where appropriate, breaking out .will be approved project goals will be achievedse the likelihood that the Selection of portions of the work to be performed by TB in order to increa 2. ollow up initial solicitations.taking appropriate steps to fThe bidder must determine with certainty if the TB are interested by respond to the solicitation. o ime to allow the TB tthe work of the contract. The bidder must solicit this interest within sufficient tthe interest of certified TB that have the capability to perform of /or written notices)advertising andbid meetings, -ereasonable and available means (e.g. attendance at prolicitation through all S 1. 6of 3Page 1/202 Rev. 1 194 involved and normal industry practices.may determine that the firm is performing a commercially useful function given the type of work PMThe e TB may present evidence to rebut this presumption. provided in the preceding paragraph, thWhen a TB subcontractor is presumed not to be performing a commercially useful function as 4. must presume that it is not performing a commercially useful function. PMndustry practice for the type of work involved, the than would be expected on the basis of normal icontract with its own work force, or the DBE subcontracts a greater portion of the work of a contract al cost of its tIf a TB does not perform or exercise responsibility for at least 30 percent of the to 3. pate.TB subcontractors do not particimay examine similar transactions, particularly those in which PMthe is such an extra participant, TB subcontractorobtain the appearance of TB subcontractor participation. In determining whether a ds are passed in order to extra participant in a transaction, contract, or project through which the funA TB subcontractor does not perform a commercially useful function if its role is limited to that of an 2. other relevant factors.edit claimed for its performance of the work, and with the work it is actually performing and TB crindustry practices, whether the amount the firm is to be paid under the Contract is commensurate evaluate the amount of work subcontracted, will PMthe performing a commercially useful function, ntractor is (where applicable) and paying for the material itself. To determine whether a TB subcoinstalling for ordering the materials, and for determining quality and quantity, for negotiating price, with respect to materials and supplies used on the Contract, for must also be responsible TB subcontractorand supervising the work involved. To perform a commercially useful function, the contract and is carrying out its responsibilities by actually performing, managing, the work of the A TB subcontractor performs a commercially useful function when it is responsible for execution of 1. oals only if the TB is performing a commercially useful function on that contract.GTB will count expenditures of a TB subcontractor toward PM The .General –Commercially Useful Function B. supplier value of 60%. Items purchase directly and solely by the TB supplier from another supplier ctly and solely by the TB supplier from the manufacturer will be counted at the purchased direA TB supplier may perform both the supplier role and broker role under the same Contract. Items 2. TB firm does not count toward the TB Goal.-a TB. Work that a TB subcontract to a non toward the TB Goal only if the TB’s subcontractor is itself subcontracted work may be countedof the value, the firmWhen a TB subcontracts part of the work of its contract to another c. s customarily allowed for similar services.efe as compared with excessivereasonable and not bonds or insurance specifically required for the Contract, toward TB Goal, provided the fee is service, such as professional, technical, consultant, or managerial services, or for providing roviding a bona fide Count the entire amount of fees or commissions charged by a TB firm for p b. equipment the TB purchases or leases from the Contraction Manager or its affiliate).Contract, including suppliers purchased or equipment leased by the TB (except supplies and of the forces. Include the cost of supplies and materials obtained by the TB for the work Count the entire amount of that portion of the Contract that is performed by the TB’s own a. performed will count towards the TB Goal.-selfTB, the portion of the work that is If the Prime Contractor is an eligible TB toward the TB Goal.When a TB participates in the Contact, count only the value of the work actually performed by the 1. toward TB goals as follows:will determine the percentage of TB participation that will count and the City of Rochester PM heT A. COUNTING TB PARTICIPATION; COMMERCIALLY USEFUL FUNCTION 1.8 6of 4Page 1/202 Rev. 1 195 EXECUTION –PART THREE PRODUCTS (NOT USED) –PART TWO administrative sanctions.Failure to use the TB specified at the time of award without a grant of a waiver may result in C. .PMsubstitute or replace the TB must be made to project delay. A written request tofulfill the subcontract and no suitable alternative subcontractor is available so as to prevent significant ontractor must request a waiver if a TB subcontractor cannot or will not Crime P theAfter the award, B. to do so. or make an adequate good faith effort Goalwhen a contract has been awarded and performance has begun, but the contractor fails to meet the TB compliance -will invoke appropriate administrative sanctions for non and the City of Rochester PMThe A. REQUIREMENTSGOAL FAILURE TO FULLFILL TB 1.9 identification number of the TB.absolute priority for the use of the leased truck. Leased trucks must display the name and so long as the lease gives the TB subcontractor e consent of the TB the term of the lease with thand control over the truck. This does not preclude the leased truck from working for others dFor purposes of this section, a lease must indicate that the TB subcontractor has exclusive use of 6. receives as a result of the lease arrangement. r commission it TB lessees receives credit only for the fee o-contract. Additional participation by nonTB lessees not to exceed the value of transportation services provided by TB trucks on the -nontled to credit for the total value of transportation services provided by TB is enti-trucks from a nonoperator. The TB who leases -TB firm, including an owner-The TB may also lease trucks from a non 5. transportation services the lessee TB subcontractor provides on the contract.another TB receives credit for the total value of the TB. The TB who leases trucks from operator who is certified as a -The TB may lease trucks from another TB firm, including an owner 4. using drivers it employs. and and operates ,using trucks it owns, insurestransportation services it provides on the contract The TB receives credit for the total value of the 3. ontract.Con the The TB must itself own and operate at least one fully licensed, insured, and operational truck used 2. oal.Gmeeting TB the purpose of angement for and there cannot be a contrived arr ractcontfor which it is responsible on a particular must be responsible for the management and supervision of the entire trucking operation TBThe 1. a TB trucking company is performing a commercially useful function:use the following factors in determining whether will PMThe . Trucking –Commercially Useful Function . C 6of 5Page 1/202 Rev. 1 196 END OF SECTION applies to statements and certifications made in connection with the TB programs. idders who submit a bid are hereby notified that the Minnesota False Claims Act (Minn. Stat. §15C.02) C. B . PMto the 2) -ORCTotal Payment Affidavit (Form Business Targeted the complete and submit ontractor must Prime Ct the conclusion of the contract, the B. A compliance. -to contractor due to nonRochester may withhold payments compliance. The City of -Not providing the TB Progress Report on time is considered non b. following month for any changes and payments made through the end of the previous month.to the City of Rochester PM by the 15th of the TB Progress Reports must be submitted a. .part of this contract on a monthly basis.all TB payment information made to TB subcontractors/suppliers/service providers/subconsultants as via email to the PM reporting 8) -CORForm (shall send the TB Progress Report e Contractor he PrimT A. PAYMENTS 3.1 6of 6Page 1/202 197 ed at the location where it was deposited.spreaders where it can be spread from or compact Mineral aggregate is deposited on the project site directly or through: Substantially In Place 8. sublets part of the contract. contractor individual, firm, corporation, or other entity to which a first tier: An contractorSecond Tier Sub 7. through a duly authorized representative. acting directly or contractprosecution of the prescribed work; the party of the second part to the The individual, firm, corporation, or other entity contracting for and undertaking :ContractorPrime 6. Minnesota Rules 5200.1100, Master Job Classifications. A worker in a construction industry labor class identified in or pursuant to :Laborer or Mechanic 5. services to a public works project. owner’s services to an entity which provides construction corporation who owns or holds a vehicle under lease and who contracts that vehicle and theof a An individual, partnership, or principal stockholder :Independent Truck Owner/Operator (ITO) 4. contract.sublets part of the Contractor: An individual, firm, corporation, or other entity to which the contractorFirst Tier Sub 3. entity that hires a laborer, worker, or mechanic. individual, partnership, association, corporation, business trust, or other business: An Employer 2. contract. , agent, or other person doing or contracting to do all or part of the work under thiscontractor ,ContractorPrime ” in these provisions shall include the Contractor The term “: Contractor 1. Definitions are as follows: A. NSDEFINITIO . Training will be provided.payroll data as requiredto upload or enter ,the web based reporting system LCPtracker, utilizemay be required to The Contractor and all their first and second tier subcontractors D. .these contract provisionsappropriate by agency to determine compliance with and second tier subcontractors, along with other records, documents or agreements deemed Contractor must furnish certified copies of payroll records for its workers and those of all their first C. .y Prevailing Wage requirementsmonitoring and compliance for work to meet Olmsted Countn all aspects of the performance, o sw Plan. He/sheand Workforce Participation Targeted Business ementing the City of Rochester assigned to impl )PM( Project Managera The City of Rochester has B. the violation.wages and/or a fine as a penalty for -including but not limited to payment of back, criminal penalties wage rate for the actual work performed under this contract. Failure to comply may result in civil or prevailings must pay each laborer and mechanic the established total contractors and subontractorc Rental Rate Schedules established by the Minnesota Department of Labor and Industry (MnDLI). All Minnesota Prevailing Wage Act, Rules, Wage Decisions, and TruckThis contract is subject to the A. G WAGE REQUIREMENTSNPREVAILI 1 GENERAL –PART SREVAILING WAGE REQUIREMENTP PROJECT CAPITAL IMPROVEMENT CITY OF ROCHESTER TION 00 XX XXXX 5of 1Page 1Rev. 1 198 employeeroject gross amount, weekly gross amount, and net wages paid to each P employeeuthorized legal deductions for each A employee ours worked in each classification, including overtime hours for eachaily and weekly hD 9. employeeourly straight time and overtime wage rates paid to each H 8. employeedigit code for each -abor classification(s) titles and optional threeL 7. number ach employee’s name, home address, and full (or last four digits of) social security E 6. dateorkweek end W 5. locationroject P 4. numberayroll report P 3. numberproject Contractors 2. number’s name, address, and telephone Contractor 1. contract and provide at minimum the following information: mechanic under thisd work as a laborer or all workers that performe payroll report must include Each Payroll Report: B. compliance. -payments to contractor due to noncompliance. The City of Rochester may withhold -1. Not reporting on time is considered non period. ’s pay Contractorter the end of shall be submitted within fourteen (14) calendar days afstatements contractors shall pay its employees at least once every fourteen (14) calendar days. All a payroll report and a statement of compliance. includ ystemsreporting LCPtracker web basedusing scontractormust submit its payroll statements, along with those of its sub ContractorThe A. PAYROLLS AND STATEMENTS EXECUTION –PART THREE PRODUCTS (NOT USED) –PART TWO basis without prior notification. case-by-ailing Wage Law on a caseCommissioner of Transportation to enforce the Minnesota Prev An unpublished decision from the Minnesota Court of Appeals affirms the authority of the Minnesota C. .a copy of the contract labor provisions orderand/or purchase ,subcontracts, agreements writtens receive with their contractoris required to ensure that all lower tier sub ontractorCrime PThe B. or part of the work under this contract. s, or agents contracting to do allcontractor, all subontractorCrime P isions shall apply to theThese prov A. CONTRACT OF THESCOPE s on public works projects.Contractorand hires the vehicles out for services to brokers or vehicle Any business entity that owns more than one :Trucking Firm/Multiple Truck Owner (MTO) services.the making payment to the providers for in consideration of the trucking services provided, andthe users the services to do work as required by the users of the services, receiving payment fromproviders of contracting to obtain such services from providers of trucking services, dispatching theservices, to: contracting to provide trucking services in the construction industry to users of suchlimited : An individual or business entity, the activities of which include, but are notTrucking Broker 9. 5of 2Page 1Rev. 1 199 5200.00ther items as established in Minn. Rules O 4. greaterlodging, or an agreed upon allowance, whichever is pocket expenses for transportation, meals and-of-ravel expenses, which means receipted outT 3. employmentused during the course of employment and areonsumable supplies, which means materials required to perform duties of C 2. uniformshome maintenance of -urchase or rental of uniforms or nonP 1. following: s from the total prevailing wage rate, whether direct or indirect, shall not be allowed for theDeduction F. LCPtracker, web based reporting system. Wage at agreed union level rates plus benefits. Union Apprentice Agreements must be uploaded to Qualified apprentice agreements may allow the Contractor to pay an employee less than Prevailing E. ion paid.for the purpose of reducing or otherwise decreasing the value of the compensat making payment to an employee, laborer, mechanic, or worker may not accept a rebate ContractorA D. incorporated into this contract. authorized due to wage rates that exceed those increase in the contract price shall be allowed or Nothrough an addendum or supplemental agreement. City of Rochestercontract unless replaced by the The certified wage decision(s) incorporated into the contract remains in effect for the duration of this C. the total prevailing wage rate. shall compensate workers a combination of cash and fringe benefits equaling, at minimum, Contractor and the fringe rate. The hourly basic rate plus the fringe rate equal the total prevailing wage rate. A e hourly basic rateWage rates listed in the state wage determination(s) contain two components: th B. worker.the hours worked on the project at the appropriate classification(s) of labor for the work performed byall each worker the required minimum total hourly wage rate for s shall payContractorcontract. All this compensated according to the prevailing wage determinations included and/or incorporated into s arecontractoris responsible to ensure that its workers and those of all sub ContractorThe A. WAGE RATES .23 s statement.electronic means, an accurate, detailed earning shall provide every employee, in writing or by ContractorAt the end of each pay period, each F. requirements. three (3) years after the final contract payment has been made; other laws may have longer retention maintaining their supporting employment records relating to this contract for a minimum period offor s are responsibleContractorAll three (3) years after the final contract voucher has been issued. r a periods, throughout the course of a construction project and retaining all records focontractor is responsible for maintaining all certified payroll records, including those of all ContractorThe E. overtime rates of pay, and classifications of work performed. regular andhours worked, include all workers that performed work under this contract and accurately reflect the contractor is responsible for assuring that its payroll reports and those of each ContractorThe D. and sign the Statement of Compliance Form. contractoreach sub is required to review the information submitted by ContractorThe behalf of each worker. made onidentifying any fringe contributions 6) form -ORStatement of Compliance (Form C –Prevailing Wage subcontractor must submit a Contractor’s The Contractor and each Statement of Compliance: C. 5of 3Page 1Rev. 1 200 END OF SECTION applicable job classification. s must refer to the state wage determinations incorporated into the contract to obtainContractorAll A. LABOR CLASSIFICATIONS3.5 mpensation requirements.co s subject to the Federal Fair Labor Standards Act may be subject to additional overtimeContractor C. .Contractorbenefit costs incurred by the bona fide hourly fringe basic rate by 1.5, (2) add the contract fringe rate, and (3) subtract the worker’s hourly To calculate the worker’s minimum overtime hourly rate: (1) multiply the contract classification’s B. 8 hours per day or more than 40 hours per week.than ) times the hourly basic rate of pay. The prevailing hours of labor is defined as not more½half (1 the prevailing hours at a rate of at least one and a more thanunless the worker is paid for all hours shall not permit or require a worker to work longer than the prevailing hours of labor ContractorA A. OVERTIME .43 or other violations under federal law. contributions is guilty of a gross misdemeanor to make timely financially responsible trustee, third person, fund, plan, or program and fail ligated to deposit fringe benefit contributions on behalf of its employees into athat is ob ContractorA F. worker’s compensation, unemployment compensation, and social security contributions.to: such as but not limited or local ,No credit shall be allowed for benefits required by federal, state E. all eligibility requirements are re made available to the employee onceA 4. ave been communicated in writing to the employeeH 3. enforceablere legally A 2. programresponsible trustee, third person, fund, plan, or on behalf of an employee to a financially Contractorributions irrevocably made by a re contA 1. that: government) for bona fide fringe benefits-employee based on all hours worked (government and non Allowable credit toward the total prevailing wage rate shall be determined for each individual D. limited to: holiday, vacation, and sick plans. of “unfunded” fringe benefits may include, but are not general assets rather than contributions made to a trustee, third person, fund, plan, or program. Types ’s Contractorbenefit on behalf of an employee. The cost to provide the benefit is funded from the house-to furnish an in Contractor An “unfunded” fringe benefit plan or program is one that allows the C. are not limited to: pension, health insurance, and life insurance.include, but prior approval from the U.S. Department of Labor. Types of “funded” fringe benefits may without behalf of an employee to a financially responsible trustee, third person, fund, plan, or program to make irrevocable contributions on Contractorthe A “funded” fringe benefit plan is one that allows B. total prevailing wage rate for the classification of work performed. that does not provide fringe benefits to its employees shall compensate each worker the ContractorA A. BONA FIDE FRINGE BENEFITS3.3 5of 4Page 1Rev. 1 201 http://workplace.doli.state.mn.us/prevwage/commercial_data.php?county=55 urrent version at time of biddingC County Name: Olmsted County Number: 55 Construction Type: Commercial MN Department of Labor and Industry Prevailing Wage for State Funded Construction Projects :Applicable Wage Decision is INSERT WAGE DECISION 5of 5Page 1Rev. 1 202 203 204 205 206 207 208 209 210 211 Rev. 1 212 Upon request, the bidder is to provide an affirmative action plan. D. 4:30 p.m. Central Time on the 10th calendar day after the bids are due. 1) to the PM before -The bidder must submit the and Workforce Participation Plan form (DMC C. before 4:30 p.m. Central Time on the 10th calendar day after the bids are due. e and Workforce Certificate Certificat Equal PayState of Minnesota The bidder must submit the B. possess valid Certificates of Compliance.this advertisement assure that appropriate parties to any contract entered into pursuant to Compliance for Public Contracts, and 363A.37 Rules for Certificates of Compliance, it will In accordance with the Minnesota Human Rights Act, Minnesota Statue 363A.36 Certificates of A. BEFORE CONTRACT AWARD –AFFIRMATIVE ACTION CERTIFICATION 1.2 subconsultant to assist with compliance. and their M Training will be provided by Porce/EEO requirements of the Project. fof the Workcompliance to upload and certify data for monthly reporting on the ,reporting system based web the LCPtracker, utilize the may be required to The Prime Contractor and all of their subcontractors D. projects. City of Rochesterorce/EEO hiring associated fpecific Workwork required to meet siance for performance, monitoring and compl anager to coordinateconstruction project mthe assist will PM . Theand Workforce Participation PlanMinnesota Targeted Business Rochester, ementing the City of a Project Manager (PM) assigned to impl The City of Rochester hasC. tier contracts.include these specifications on all lower contractors on this project. Contractors shall These Affirmative Action/Equal Opportunity contract specifications shall apply to all ii. available upon request from the contracting agency.sota Statute 363A.36 and Minnesota Rules, parts 5000.3400 to 5000 3600 is Minnebetween these parties based on the specification or any modification of it. A copy of Minnesota Rules, parts 5000.3400 to 5000.3600 are incorporated into any contract It is hereby agreed between the parties that Minnesota statute, section 363A.36 and i. The following notice from the Minnesota Department of Human Rights applies to all contractors: B. ity, sexual orientation, or age.assistance, membership or activity in a local commission, disabil, sex, marital status, status with regard to public race, color, creed, religion, national originthis advertisement equal employment opportunity will be offered to all persons without regard to discriminatory Practices, it will affirmatively assure that on any project constructed pursuant to 363A.08 Unfair In accordance with the Minnesota Human Rights Act, Minnesota Statute A. WORKFORCE PARTICIPATION REQUIREMENTS 1.1 GENERAL REQUIR –PART ONE RWORKFORCE/EEO REQUI CAPITAL IMPROVEMENT PROJECT CITY OF ROCHESTER XXXX -SECTION XX 2of 1Page 4/202 Rev. 1 213 END OF SECTION workforce utilization.reports on efforts to ensure compliance with utilization goals and plans to accelerate diverse In the event that utilization goals are not being met, the contractor must also provide monthly B. compliance.-withhold payments to contractor due to nonThe City of Rochester may compliance. -13) on time is considered non-Not reporting workforce utilization (EEO iii. month. the 15th of each month for all hours performed through the end of the previous All prime and subcontractors must submit Certified Payroll Reports in LCPtracker by ii. the City of Rochester PM by the 15th of the following month. 13 reports collected must be submitted to -site during a month. All EEO-who were on13 reports from all contractors -ontractors are responsible for collecting EEOC i. with b. LCPtracker software system. The City of Rochester will determine if the project compliance will be managed a. manually or A. WORKFORCE/EEO PROJECT REQUIREMENTSOMPLIANCE WITH C 1.5 with subcontractors. their methodology for managing complianceorce/EEO Project Requirements and fWorkshould be prepared to present and/or discuss the ill host a project preconstruction conference. At this conference, the Contractor Contractor wThe A. RECONSTRUCTION CONFERENCE DISCUSSIONP 1.4 ocal or area residents.compliance or upon the application of requirements for the hiring of lupon the application of other state or federal laws that establish different standards of Nothing stated herein provided in this specification section shall be construed as a limitation E. LCPtracker, web based reporting system.data has been accurately entered into the Prime Contractor shall verify that all applicable workforce utilization At the end of the project, D. use of the web based reporting system.women and minorities. The PM and LCPtracker will provide necessary training to ensure proper Reports and extract data on the number of hours and percent of total hours performed by their Certified Payroll system. The PM will run a report indicating companies that have submittedperformed the previous month to LCPtracker, the City of Rochester web based reporting By the 15th of each month, all contractor(s) must upload Certified Payroll Reports for all hours C. any concerns that may affect the contractor's ability to achieve the goals.Discussion will include workforce employment utilization goals, how the goals will be met, and Construction Conference. -selected to work on the project will be required to meet in a PreAfter the contract is awarded, but before the construction begins, all contractors that have been B. Female Utilization of Total Project Labor Hours.in 9% ii. .HoursTotal Project Utilization ofMinority %15 i. workers.by minority and female construction on the project performed of labor for the total hours The Workforce Employment Utilization Goals set forth below are expressed in percentage terms A. PROJECT WORKFORCE/EEO GOALS 1.3 2of 2Page 4/202 City 214 Replacement/Unit ________________Drain Replacement Deck of Ft ________________Sq PRICING UNIT _____________________ Construction of # _____________________ Date: Start Anticipated ----- and dollars_____________________________________ Mechanical/Plumbing/Electrical: ----- and dollars_________________________________________________ sum Lump locations: above the at specifications project per project the for equipment and materials supervision, provide To .specifications project per Panels Wall Metal and System Roof Bituminous the Install Gym Center: Rec Rochester of City #1 ALT ADD Replacement/Unit ________________Drain Replacement Deck of Ft ________________Sq PRICING UNIT _____________________ Construction of # _____________________ Date: Start Anticipated ----- and dollars_____________________________________ Mechanical/Plumbing/Electrical: ----- and dollars________________________ _________________________ sum Lump locations: above the at specifications project per project the for equipment and materials supervision, provide To .specifications project per Panels Wall Metal and System Roof Bituminous the Install B & A Pool D,-A Rink Main Center: Rec Rochester of City BID BASE __________ addenda: following the of receipt acknowledges undersigned The :ADDENDA Bidder) of _______________________________ Bid Improvements Building Center Rec Rochester of City 2024 RE: MN Rochester, SE Street th 4 201 Rochester of City Supervisor Facilities Wood Zack Attn: 2024 February of day ___ this FORM PROPOSAL BID 43 Improvements Envelope Center Rec 2024 Rochester of City 215 ----- and dollars_________________________________________________ sum Lump unit: existing of disposal and removal, disconnect, the for equipment and materials supervision, provide To Disconnect/Remove/Disposal Unit: A Rink Alt. #5: Alt Add ----- and dollars_________________________________________________ sum Lump unit: existing of disposal and removal, disconnect, the for equipment and materials supervision, provide To Disconnect/Remove/Disposal Unit: C Rink Main #4 Alt Add Replacement/Unit ________________Drain Replacement Deck of Ft ________________Sq PRICING UNIT _____________________ Construction of # _____________________ Date: Start Anticipated ----- and dollars_________________________________________________ sum Lump locations: above the at specifications project per project the for equipment and materials supervision, provide To .specifications project per Panels Wall Metal and System Roof Bituminous the Install B Rink Alt. Center: Rec Rochester of City #3 ALT ADD Replacement/Unit ________________Drain Replacement Deck of Ft ________________Sq PRICING UNIT _____________________ Construction of # _____________________ Date: Start Anticipated ----- and dollars_____________________________________ Mechanical/Plumbing/Electrical: ----- and dollars_________________________________________________ sum Lump locations: above the at specifications project per project the for equipment and materials supervision, provide To .specifications project per Panels Wall Metal and System Roof Bituminous the Install A Rink Alt. Center: Rec Rochester of City #2 ALT DDA 44 Improvements Envelope Center Rec 2024 Rochester of City 216 __________________________________ Officer: of Name Printed ______________________________________ Signature: Officer’s ____________________________________ Code: Zip City, ______________________________________________ Address: _________________________________________________ Date: Firm) of name (Print Bidder: of Signature interest. best their in deemed bids all or one any or refuse to right the reserves the that understand also (we) I bid. (our) my of rejection cause could modification(s) or clarification(s) arbitrary or voluntary any that and Documents, Bid the requested attachments(s) any by except Form, Bid the to made be can modifications or clarification no Statutes, Bidding Competitive Minnesota with comply to order in that understand (we) I ACKNOWLEDGEMENT AND UNDERSTANDING hereof: date the from included, holidays and Sundays days, calendar consecutive 30 of minimum a for guaranteed are proposal this in the that proposes undersigned The GUARANTEE BID Owner. the by bid this of acceptance upon Award of receiving after days (10) ten Bonds Payment Materials and Labor and Performance required the furnish to fail or contract a into enter to fail (we) I event the in the to forfeited be will Security Bid this that undersigned the by agreed is It guarantee. proposal a as the to payable made proposal, the of amount the of 5% least at being Security Bid a is herewith Enclosed project. the of acceptance and completion final to prior workmanship, or materials defective to due rejected, be may which work any or renew to and manner; like workman and good a in Documents Contract the with accordance in done be the to contract this under performed work all guarantee to proposed further (we) I GUARANTEE been have substitutions no that and exception without Documents Bid the by required systems and equipment, materials, the upon based is bid this that agrees bidder The the regarding misunderstanding any plead to right all waives he Bid this signing in that understands and conditions and quantities the all to as himself satisfied has he that supply, of sources local and work, of location actual the inspected personally has he that Documents, Bidding all examined carefully has he that declares hereby bidder The whatsoever. corporation or firm, persons, other any with collusion or fraud without submitted and made is proposal this that principal(s): as proposal this in interested person(s) only the are (we) I that certify hereby (we) I CERTIFICATION 45 Improvements Envelope Center Rec 2024 Rochester of City 217 Base Bid: listed below:As a bidder on the Project, you are required to fill in your order quantities for the following materials as Commissioners. resulting from the competitively solicited contract #PW1925 issued by the Racine County BoaGovernment Purchasing Alliance’s program for Roofing Supplies and Related Products and Services Project based upon the Agency’s participation in the OMNIA Partners Envelope Improvements4 Rec Center Building to purchase materials for the 202 the City of RochesterIt is the intent of OMNIA Partners Material Form 46 Improvements Envelope Center Rec 2024 Rochester of City 218 ALT. RINK B – 3Add Alt # ALT. RINK A – 2Alt # Add GYM - 1Add Alt # 47 Improvements Envelope Center Rec 2024 Rochester of City 219 quote. Award evaluations will be made on the combined price of labor and materials.Material quantities will be extended using the per unit pricing for materials and added to your 4. provided. anation is anticipated requirements for the Project will be rejected unless a detailed explaccuracy. Any bids that have material quantities substantially below or above the off to verify -referenced to an expected Project take-Material quantities will be cross 3. as specified is required to be purchased and provided by the Roofing Contractor.. Any additional materials required to complete the project scope of work City of Rochesterthe will not be the responsibility of bidder in this form, will be billed to the bidder directly and materials required to complete the Project, over and above the quantities submitted by the The bidder takes full responsibility for the material quantities entered above. Any additional 2. bid submission. related information prior to -It is the responsibility of the bidder to obtain any needed product 1. PLEASE NOTE: 48 Improvements Envelope Center Rec 2024 Rochester of City 220 business, group targeted meet to failure for Transportation or Administration of Department the from sanction monetary a assessing determination final a received not has related or contractor Thea. office. the to appealed not was or Hearings Administrative of the by upheld was it because final becoming suspension or revocation the with 363A.36, section of provisions the on based suspended or revoked 363A.36 section under compliance of certificate a had verification, the submitting year-three the twice than more not, has related or contractor Thea. licensing or administrative final a been has related or contractor a when occurs violation a clause, this of purposes For 326B. chapter or 181.723 section violated not has verification, the submitting year-three the and, with compliance in is related or contractor Thea. nothingpenalties. or wages underpaid related or contractor the that determination a with concluded has proceeding case contested the until occur not does violation a proceeding, case contested a in Transportation of Department the by underpayment of determination a contests related or contractor the if that, Provided jurisdiction. court a in brought an in contractor independent an as worker construction a misrepresenting or penalties or wages of underpayment for found been has or Board; Review Administrative the or judge law administrative an by upheld been have or final become have that Labor of Department the of Division Hour and Wage the of administrator the by underpayment of findings or a been hasi. 177.27; section to pursuant this in referenced sections the of any violated willfully or repeatedly have to industry and labor of commissioner the by found been hash. employees; own its to related or contractor the by underpayment an finding Transportation of Department the by year-three the letters determination two least at been hasg. become has that industry and labor of commissioner the by comply to order an been hasf. period; year-three the more or $25,000 of underpayment total a for projects separate more or one on penalties or wages required statutorily pay to fails repeatedlye. entity: related or contractor a when occurs violation a clause, this of purposes For 3148. to 3141 sections 40, title Code, or 219, to 201 sections 29, title Code, violated not has and 181.722, or 181.14, 181.13, 177.44, to 177.41 177.25, 177.24, section violated not has verification, the submitting year-three the and, with compliance in is related or contractor Thed. cooperative. or corporation foreign a if state of secretary the with Minnesota in business transact to authority of certificate a filed hasc. and individual; an if number Security Social valid a or number identification tax federal valid a hasb. employees; has it if Development Economic and Employment of Department the and Revenue of Department the with registered currently is requirements, insurance unemployment and compensation workers' with compliance in isnothingContractor: The a. criteria: minimum following the meets it that verifies and project the on work the of portion its for document solicitation the in requirements responsibility the to conforms that contractor a contractor” Responsible “CRITERIA. MINIMUM CONTRACTOR, RESPONSIBLE 3. Subd. §16.285, Stat. Minn. project. the on work perform to or project the for contract construction a awarded be to eligible not is and contractor responsible a not is criteria those meets it to fails or 3 subdivision in criteria minimum the meet not does that subcontractor or contractor prime any IMPLEMENTATION. 7, Subd,. §16.285, Stat. Minn. Improvements Envelope Building 2024 - Center Rec Rochester of City TITLE: PROJECT COMPLIANCE OF CERTIFICATION AND CONTRACTOR RESPONSIBLE A ATTACHMENT 49 Improvements Envelope Center Rec 2024 Rochester of City 221 required. as 2-A Attachment submit also will I contract, a awarded is company my ifc. and response, solicitation s’company my with 1-A Attachment included have Ib. §16.285, Stat. Minn. with compliance in is and defined as contractor responsible a be to Criteria Minimum the of each meets company Mya. that: oath under I and company, the of officer or an am I that certify I document this signing By CERTIFICATION contractor the that determination reasonable a on based contract a terminating or contract a award to declining for be not shall authority contracting A statement. false a submits that subcontractor or contractor prime a to awarded been already has that contract construction a of termination in may criteria minimum the of any with compliance verifying oath under statement false A submitted. was verification the which for project the on contract construction a awarded be to ineligible statement false the that subcontractor or contractor prime the render shall compliance of verification a in oath under statement false a or criteria minimum the of one any with compliance to Failure statement. that on reliance reasonable in contract a awarding for held be not shall and contractor responsible a is contractor a that demonstrate to sufficient as statement sworn a accept may authority contracting A document. solicitation the to responds it that time the at 3 subdivision in criteria minimum the of each with compliance verifying officer or owner an by oath under statement a authority contracting the to submit shall authority contracting a of document solicitation a to responding contractor A COMPLIANCE. OF VERIFICATION 4. Subd. §16.285, Minn.Stat. statement. false a contains it that knowledge actual with compliance of verification the accept they if only relationship contractual a have they which with subcontractors tier-first their by statements false for responsible be shall subcontractors and contractor prime A relationship. contractual a have not do they which with subcontractor any of statements false the for responsible be not shall subcontractors and contractor prime A (7). 3, subdivision to pursuant tier any of subcontractors all from compliance of verifications signed the of copies request upon authority contracting the to submit shall contractor prime A subcontractors. additional the retaining of days 14 (7),within 3, subdivision with compliance confirming verification supplemental a submit shall and relationship contractual a has it which with subcontractor additional each from compliance of verifications shall subcontractor or contractor prime the compliance, of verification its submitting after project the on subcontractors additional retains subcontractor any or contractor prime a If project. the on work for to intends it that subcontractors tier-first its of all of list a 4 subdivision under compliance of verification its in include shall subcontractor or contractor prime A VERIFICATION. SUBCONTRACTOR 5. Subd. 1§16.285, Stat. Minn. b (6). to (1) clauses in criteria minimum the meet they that officer or owner an by oath under statement signed a through contractor the to verified have work project perform to use to intends contractor the that subcontractors Alla. and subdivisions; political or agencies, commissions, departments, its of any or Minnesota of state the or government federal the by debarred or suspended currently not is related or contractor Thea. verification. the submitting year-three the once than more effort, faith good of lack a to due business owned-veteran or enterprise, business disadvantaged 50 Improvements Envelope Center Rec 2024 Rochester of City 222 Company Date: Printed Officer: or of Signature Authorized 51 Improvements Envelope Center Rec 2024 Rochester of City 223 located is home company city of Name State) of Secretary the with registered as company of name (Legal Subcontractor Tier-First project. the on work for to intends it that subcontractors tier-first its of all of list a 4 subdivision compliance of verification its in include shall subcontractor or contractor prime A 5: §16.285, Stat. Improvements Envelope Building 2024 - Center Rec Rochester of City TITLE: PROJECT Response) Contractor with (Submit LIST SUBCONTRACTOR TIER- 1-A ATTACHMENT 52 Improvements Envelope Center Rec 2024 Rochester of City 224 Contractor-Sub 3) Contractor 2) Representative. Owner’s and/or 1) To: Copy _______________/_____/ Approved: Date Title ___________________ By: Approved Title __________________ By: Submitted $ Exceed: To Not Amount Changes: Proposed Contractor: of Name Project :Account of Name :# Notice Change documents. bidding submitted the to addition in made be may which payments for requests subsequent any void shall form this complete properly to Failure submitted. as Documents Contract the from way any in varies which done being work any to prior signed and completed be must information following The NOTICE CHANGE 53 Improvements Envelope Center Rec 2024 Rochester of City 225 Contractor. the of responsibility sole the be will roof the of installation or removal the by caused damage ground and/or Building E. plywood. ¾” on lines column the on parked be will left or use in not equipment roof All D. insulation. rigid 2” and plywood ¾” of underlayment an without roof finished previously a over on worked being area the from transported be shall No cost. Contractors the at full are vehicles when premises the from removed be shall this and or dumpsters into chutes via roof the from transported be shall roof the from dumped All C. surfaces. ground and building the on shrouds protective with chutes Enclosed 3. system. truck dump with hopper and Crane 2. systems. vacuum Roof 1. surfaces: building the protect and conditions, unsightly eliminate ecology, the preserve to order in surface roof the from insulation and membrane roof debris, gravel, silt, dirt, of removal for methods following the of more or one incorporate to desirable and necessary be will it conditions, certain Under B. roofing.-re for surface even smooth, a leave to required is other and nails all of removal complete addition, In drawings. the on shown items other any and flashings, base joints, expansion specified, as insulation rigid strips, cant membrane, gravel, all Remove A. REMOVAL MATERIALS 3.2 section. the of work for ready and clear is surface roof existing the that must Contractor Roofing The B. dimensions. roof including conditions, site existing to is Contractor Roofing The EXAMINATION 3.1 EXECUTION - 3 PART position. in sheeting to fasteners or weights Provide II. Type 4601-D ASTM Sheet: Base B. position. in sheeting to fasteners or weights Provide Polyethylene. Sheet protection: Temporary A. MATERIALS 2.1 PRODUCTS - 2 PART system. roofing new of installation of commencement with coincide to work Schedule A. SCHEDULING 41. any. if damages, and expenses all for charged back be shall Contractor the and emergency or repairs incur will the contacted, be cannot or respond not does Contractor the If interior. and contents building the of protection or for provide shall Contractor the storm, a or rain penetration water of event the In conditions. emergency of notification of time the from given be shall limit time hour (4) four A construction. leakage roof of correction to immediately respond to responsibility s’Contractor the be shall It A. PROTECTION 1.3 work. related with required coordination and procedures installation Review B. Off-Tear to Prior Scheduled Be To A. MEETING CONSTRUCTION-PRE 1.2 SPECIFICS. FOR DRAWINGS ROOF DETAILED SEE WORK OF 1.1 GENERAL - 1 PART ROOFING-RE FOR PREPARATION 0701 SECTION 54 Improvements Envelope Center Rec 2024 Rochester of City 226 SECTION OF END surface. deck unprotected over traffic permit not Do D. facilities. drainage existing to sheeting from drainage surface for Provide C. fasteners. temporary or weights with position in sheeting curbing. and parapets over and up sheeting Turn B. surfaces. insulation and deck uncovered over sheeting protective temporary Provide A. PROTECTION TEMPORARY 3.3 55 Improvements Envelope Center Rec 2024 Rochester of City 227 Wisconsin Middletown, Inc., International, Hersey Warnock WH (Fiberboard) Thermal Board, Insulation 535B-1-LLL FS Polyisocyanurate Board, Insulation 1972-I-HH FS Illinois Northbrook, Inc., Laboratories, ’sUnderwriter UL Florida Pensacola, Bureau, Inspection Pine Southern SPIB Missouri St. Institute, Deck Steel SDI Association National Contractors Conditioning Air and Metal Sheet SMACNA IL Chicago, Association, Contractors Roofing National NRCA Massachusetts Norwood, System, Mutual Factory FM Material Sheet Bituminous Modified Testing and Sampling 5147-D ASTM Roofing in Used Sheet Base Fiber Glass Coated-Asphalt for Specification 94-4601-D ASTM Waterproofing and Roofing in used Felts Glass Asphalt for Specification Standard 2178-D ASTM Roofs Up-Built on Used Aggregate Mineral for Specification 1863-D ASTM Roofing in Used Asphalt for Specification 312-D ASTM Apparatus) Ball and (Ring Bitumen of Point Softening for Method Test 36-D ASTM Materials Bituminous of Penetration for Method Test 5-D ASTM Insulation Thermal of Properties Compressive Measuring for Method Test 95-165-C ASTM Process Dip-Hot the by (Galvanized) Coated-Alloy Iron-Zinc or (Galvanized) Coated-Zinc Sheet, Steel for Specification 653-A ASTM Strip and Sheet Steel Nickel Chromium Resisting-Heat and Stainless for Specification 94a-167-A ASTM REFERENCES 1.3 Roofing.” for “Preparation Section 7 Division 3. Metal." Sheet and "Flashing Section 7 Division 2. Roofing." Bitumen "Modified Section 7 Division 1. elsewhere: specified work Related B. Conditions. Supplementary General including Contract, the of provisions general and Drawings A. SECTIONS RELATED 1.2 heights. flashing 8” minimum the meet to order in installed be must blocking wood Additional met. are heights all to contractor roofing the of responsibility the is It termination flashing base the of top the to surface roof finished the from ”8 is location any at height flashing Minimum HEIGHTS FLASHING MINIMUM stripping / lead drain the of transition smooth a for allow to flat being board 4’X4’ center the with 12’ X ’12 of minimum a be must Roof crickets. tapered the of top the from apply heights flashing Minimum water. properly to order in curb the of side high the on crickets tapered receive must wide 36” than greater curbs roof All system. insulation associated sit and sections roof all of approval / for drawings shop submit to required be will contractor roofing The insulation. tapered primary the of slope the twice be must crickets/saddles All SADDLES / CRICKETS WORK OF 1.1 GENERAL - 1 PART INSULATION AND DECK ROOF 0722 SECTION 56 Improvements Envelope Center Rec 2024 Rochester of City 228 foot. per ”1/4 be must Crickets/Saddles pert. ”1/8 be shall slope field Minimum – Insulation Tapered d. Value) (Design 5.6 518-C ASTM Thickness inch per HR Factor-R <1% 209-C ASTM Absorption Water min. pcf 2.0 1622-D ASTM Density Core Foam max. perm 1 96-E ASTM Permeability Vapor min. psi 20 1621-D ASTM Strength Compressive max. 2% 2126-D ASTM Stability Dimensional Properties Physical c. 1 Class 1972,-I-HH Specification Federal 2. Systems Roofing under FM or WH UL, 1. requirements following the meet shall board Insulation b. R30 Value:-R 1. facers. mat fiber glass duty heavy to bonded core foam polyisocyanurate cell Closed Qualities: a. INSULATION ROOF POLYISOCYANURATE 1. system. complete a provide to thickness’ and types of combination provide indicated, as insulation of thicknesses Provide A. MATERIALS INSULATION 2.2 request. or accept to decision of writing in contractor will Representative ’s The approval. for considered be to specified not product any submit must Contractor A. EQUIVALENT APPROVED 2.1 PRODUCTS - 2 PART site. the from removed be shall boards insulation wet or broken warped, Any ground. the off materials Store D. tarpaulins). (i.e. enclosure ventilated watertight, a in enclosed materials Keep C. site. project the from removed be shall moisture any to exposed been has that insulation Any installation. and to prior damage moisture and sun wind, the from them protect to manner a in materials insulation all Store B. undamaged. and dry containers, original manufacturer's in intact, and seals with site to products Deliver A. HANDLING AND STORAGE DELIVERY, 1.6 1A. Class 108-E Fire external for Hersey Warnock or Laboratories Underwriters Mutual, Factory by approved is furnished roof the that certification Submit B. 108-E ASTM Classification, Fire A. ASSURANCE QUALITY 1.5 warranty. manufacturer’s roof for eligible is and roofing of component a as manufacturer roofing to acceptable is furnished insulation that certification manufacturer’s roof Submit 4. manufacturer. roof to acceptable are furnished fasteners insulation that certification manufacturer’s roof Submit 3. system. insulation completed the for value “R” the and thickness components, insulation tapered of board complete drains, of location roof, of o include shall drawing Shop 2. saddles. and crickets thicknesses, slopes, roof locations, drain layout, installation, of sequence insulation each of identification including system, insulation tapered of details installation complete indicating drawings shop Submit 1. Drawings Shop C. type. roofing particular this insulation their of use for manufacturer insulation from letters approval Provide B. product. each for sheets data specification s’manufacturer Provide Data: Product .A SUBMITTALS 1.4 57 Improvements Envelope Center Rec 2024 Rochester of City 229 inches. six of maximum a and inches, three of minimum a be shall board insulation of edge from fastener any of Placement requirements. FM the meet to recommendations manufacturer’s per as be shall fasteners of pattern Spacing 3. feet. square four than less is insulation of size if piece per fasteners two least at require insulation of 2. enhancements. corner and perimeter including requirements, wind Mutual Factory with accordance in be shall fasteners of amount the minimum, a As system. fastening mechanical approved an with deck the to attached fully be shall board gypsum or board insulation Approved 1. .Fasteners Mechanical with Attachment A. INSTALLATION 3.2 completed. been has roof temporary that 8. water. ponding cause otherwise would that spots low and depressions fill to insulation additional Use 7. application. to prior immediately substrate clean Broom 6. dry. completely is substrate until insulation apply not Do 5. corrected. are defects until proceed not Do 4. unevenness. and moisture, material, foreign depressions, ridges, spots, rough defects, for surfaces Examine 3. installed. securely and properly are nailers wood that 2. completed. been has deck roof penetrating work that 1. insulation. receive to substrate adequate an preparing for responsible be shall contractor Roofing A. SURFACES OF INSPECTION 3.1 EXECUTION – 3 PART equal. approved or Fastener Deck-Lite – Simplex 6. equal. approved or Fastener Duty Heavy-Olympic 5. .equal approved or fastener deck Gyp NTB Style Olympic 4. lbs. 800 of resistance out pull Minimum 3. inch. one deck metal penetrate to required rating, 60-1 for disc coated in. 3 with Approved and Tested Mutual Factory 2. manufacturer. membrane roof by recommended as fastener screw resistant Corrosion 1. Fasteners E. Asphalt. Steep III Type 312,-D ASTM Asphalt: D. facers. board insulation with compatible adhesive with mat fiber glass wide 6” Tape: Joint Board Roof C. in. ½ board composition asphalt rigid-semi Premolded Board: Protection B. manufacturer. approved the per as fiberboard, organic or perlite of or board insulation matching indicated, sizes/shapes of units insulation rigid Performed Strips: Edge Tapered and Cant Fiber A. MATERIALS RELATED 2.3 Value) (Design 2.5 518-C ASTM Thickness inch per HR Factor-R max. 10% 208-C ASTM Absorption Water min. pcf 2.0 1622-C ASTM Density Core Foam max. 0.5% 208,209-C ASTM Expansion Linear min. psi 45 165-C ASTM Strength Compressive pcf. 17.5 208-C ASTM Density Dry Properties Physical c. B.-535-I-LLL Specification Federal 2. Systems. Roofing under FM WH, UL, 1. requirements following the meet shall board Insulation b. in. ½ Minimum Thickness: 2. .’2 x’ 4 or ,’4 x’ 4 ,’8 x’ 4 Size: Board 1. side. top the on asphalt with treated blended factory interlocking of composed Qualities: a. INSULATION ROOF FIBERBOARD DENSITY HIGH 2. 58 Improvements Envelope Center Rec 2024 Rochester of City 230 SECTION OF END membrane. roofing receive to ready dry, and clean insulation Leave deck. roof from cartons and Remove A. CLEANING 3.3 requirements. manufacturer’s per as insulation of Tape drawings. the on indicated and/or surfaces vertical at terminate not do that roof of edges of perimeter at edge tapered preformed, Provide surfaces. vertical of junctures at cant degree (45) five forty preformed Install Strips: Edge Strips/Tapered Cant 14. work. of resumption upon remove and work day’s each of completion at offs-cut water temporary Install 13. day. same the on be can than time one at insulation more no Install 12. surface. vertical the from away inch (¼) quarter-one of minimum a fit to cut be shall boards The surface. vertical a intersects deck roof the where and cut be shall boards All 11. square. per pounds (30) approximately of rate the at asphalt hot using insulation tapered base over installed be shall thickness inch (½) half-one board recovery Approved 10. eliminated. be shall open All panels. adjoining against butt be shall board insulation Each deck. to adhered completely boards leave and insulation of piece each in Walk eliminated. be will open all so boards of end Stagger manufacturer. insulation by recommended temperature and rate the at asphalt hot of moppings solid in board insulation rigid of layer one 9. feet. square (100) hundred one per (one) 1 of rate the at primer asphalt with surfaces concrete prime surface, deck the Over 8. asphalt. Hot using Attachment C. requirements. manufacturer’s per as insulation of Tape drawings. the on indicated and/or surfaces vertical at terminate not do that roof of edges of perimeter at edge tapered preformed, Provide surfaces. vertical of junctures at cant degree (45) five forty preformed Install Strips: Edge Strips/Tapered Cant 7. work. of resumption upon remove and work day’s each of completion at offs-cut water temporary Install 6. day. same the on be can than time one at insulation more no Install 5. surface. vertical the from away inch (¼) quarter-one of minimum a fit to cut be shall boards The surface. vertical a intersects deck roof the where and cut be shall boards All 4. square. per pounds (30) approximately of rate the at asphalt hot using insulation tapered base over installed be shall thickness inch (½) half-one board recovery Approved 3. eliminated. be shall open All panels. adjoining against butt be shall board insulation Each deck. to adhered completely boards leave and insulation of piece each in Walk eliminated. be will open all so boards of end Stagger manufacturer. insulation by recommended temperature and rate the at asphalt hot of moppings solid in board insulation rigid of layer one 2. feet. square (100) hundred one per (one) 1 of rate the at primer asphalt with surfaces concrete prime surface, deck the Over 1. asphalt. Hot using Attachment B. deck. to fastened mechanical to sheet base nailable glasfelt ply-2 deck: Wood 6. deck. the to installation secure to used be may bolts then) only (and then equivalent, approved or Fastener, NTB Olympic an with achieved be cannot penetration of 1/2”-1 of minimum a that so amount an exceeds thickness roof new the Where contractor. roofing the by repaired be shall installation fastener by caused spalling or holes Any deck. the of underside through fasteners of penetration no ensure shall contractor the interior, building the from visible is deck roof the Where decks: fiber wood cementitious and Gypsum 5. -(1 half-one and one of penetration minimum a with results test out-pull from determined be shall penetration decks, fiber wood-cement and gypsum For manufacturer. the by specified not where decks concrete structural and wood metal, for minimum (1”) inch one a is There manufacturer. fastener the by recommended as be shall deck into penetration Minimum 4. 59 Improvements Envelope Center Rec 2024 Rochester of City 231 Laboratories Underwriters UL Association Contractors Roofing National NRCA Mutual Factory FM Coverings Roof of Test Fire for Methods Test 108-E ASTM Reinforcements Fiber Glass Using Materials Sheet Bituminous Modified (SBS) Styrene Butadiene Styrene for Specification Standard 6163-D ASTM Reinforcements Fiber Glass and Polyester of Combination a Using Materials Sheet Bituminous Modified (SBS) Styrene Butadiene Styrene for Specification Standard 6162-D ASTM Materials Sheet Bituminous Modified Testing and Sampling for Method Test 1991 5147-D ASTM Roofing in Used Sheet Base Fiber Glass Coated Asphalt for Specification 4601-D ASTM Cement Roof Asphalt for Specification 2822-D ASTM Roofing for Coating Protective a as Used Felt Glass Asphalt for Specification 2178-D ASTM Roofing for Coating Protective a as Used Aggregate Mineral for Specification 1863-D ASTM Materials Bituminous and Waterproofing Roofing, to Relating Terminology 1079-D ASTM Products Roofing Asphalt for Surfacing Mineral Granular of Analysis Sieve for Method Test 451-D ASTM Roofing in Used Asphalt for Specification 312-D ASTM Waterproofing and Dampproofing Roofing, in Used Primer Asphalt for Specification 41-D ASTM REFERENCES 1.3 Panels" Wall “Metal Section 7 Division 4. Metal.” Sheet & “Flashing Section 7 Division 3. Insulation.” Deck and “Roof Section 7 Division 2. Roofing.” for “Preparation Section 7 Division 1. elsewhere: specified work Related B. Conditions. Supplementary General including Contract, the of provisions general and Drawings A. SECTIONS RELATED 1.2 heights. flashing 8” minimum the meet to order in installed be must blocking wood Additional met. are heights all to contractor roofing the of responsibility the is It termination flashing base the of top the to surface roof finished the from ”8 is location any at height flashing Minimum HEIGHTS FLASHING MINIMUM stripping / lead drain the of transition smooth a for allow to flat being board 4’X4’ center the with 12’ X ’12 of minimum a be must Roof crickets. tapered the of top the from apply heights flashing Minimum water. properly to order in curb the of side high the on crickets tapered receive must wide 36” than greater curbs roof All system. insulation associated sit and sections roof all of approval / for drawings shop submit to required be will contractor roofing The insulation. tapered primary the of slope the twice be must crickets/saddles All SADDLES / CRICKETS Notes: General B. summary. for package drawing detailed eeS A. WORK OF 1.1 GENERAL - 1 PART ROOFING BITUMEN MODIFIED 0752 SECTION 60 Improvements Envelope Center Rec 2024 Rochester of City 232 delays. avoid and progress make to needed facilities and equipment personnel, Installer’s materials, of availability and work roofing to related schedule construction finalize and Review 6. completed. be to yet and completed both submittals required Review 5. documents). contract other and specifications (drawings, requirements roofing Review 4. attachment. required for and flatness of loss for deck inspect and deck of limitations loading structural Review 3. trades. other by performed work preparatory other and penetrations curbs, drains, roof substrate, of condition discuss and inspect (decks), substrates roofing of areas representative Tour 2. work. roofing to related procedures and methods foreseeable Review 1. include: to Objectives authorities. governing and agencies test insurers, Owner’s applicable) (where including Work, the of performance with concerned directly representatives other and representative, manufacturer’s roofing Owner, any), if work mechanical (including work roofing or precede must roofing around the in work other and units rooftop of installers work, roofing receive to construction substrate or deck of installers work, associated of component each of installer with site project at meet work associated and installation roof bitumen modified of commencement scheduled weeks 2 Approximately Conference: Roofing application-Pre E. work. associated and roofing on insurance coverage extended and fire with connection in necessary be may as certification acceptance installation roof of submittal and preparation in Certification: Insurance D. contractor. original the charge back and contractor qualified a hire to right the has the hours, 4 respond not does contractor the If construction. leakage roof of correction to immediately respond to responsibility Contractor’s the be shall It C. times. all at roof the on and Supervisor/Foremen the of possession the in be shall specification the of copy A maintained. be shall workmen of supervision proper progress, in is work roofing time any at and work roofing sheet bituminous of phases all site job on Supervisor/Foreman time-full a maintain to Installer Require Supervision: Field Installer’s B. specified. being is that roof same the of consist must projects The evaluate. to owner the for mile-100 a old years 10 are that projects five of list a submit must contractor installing the request, Upon materials. roofing manufacturer’s install to qualified as manufacturer roofing the by certified is who and experience years 15 minimum with application roof bituminous modified in specializing be shall (Roofer) Installer Qualifications: Installer A. ASSURANCE QUALITY / QUALIFICATION CONTRACTOR 1.5 aggregate. roofing of Sample J. compliance. 9001 ISO of copy Certified I. warranty. Manufacturer’s Unexecuted H. product. each of sample a Provide G. materials. roofing manufacturer’s install to qualified as manufacturer roofing the by certified is who and experience 15 minimum a with application roof bituminous modified in specializes Installer the that evidence Show F. herein. specified roof total the inclusion for suitable are and other each with compatible physically and chemically are and specified requirements all to conform provided materials that and the in manufactured are materials and products the that evidence Show E. requirements. specified with comply materials that substantiating Material”, Sheet Bituminous Modified Testing and Sampling for Methods Test “Standard 91-5147-D designation ASTM to according data test independent include roofing, sheet bituminous modified all For C. requirements. specified with comply materials that substantiating data Include required. product roofing of type each for recommendations and instructions installation data, product technical manufacturer’s including specified product of type each for Data Product B. 1A. Class 108-E fire external for Hersey Warnock or Laboratories, Underwriters Mutual, Factory by approved is furnished roof the that certification Submit A. SUBMITTALS 1.4 Hersey Warnock WH 61 Improvements Envelope Center Rec 2024 Rochester of City 233 GENERAL 2.1 PRODUCTS - 2 PART .accepted be not will construction Phased day. each on completed fully be must work All B. activity. construction adjacent and corrosion weather, of effects from damage against protected are sealers joint and trim flashing, accessories, roof including assemblies roof that ensure to sections other in specified work of units related with roofing sheet bituminous modified of installation Sequence A. SCHEDULING AND SEQUENCING 1.9 requirements. warranty and recommendations manufacturer’s with accordance in installed be to work of unit permit will conditions weather forecasted and existing when only work roofing with Proceed D. day. same weatherproofed be can than greater quantities in damage sun or water to vulnerable materials expose not Do C. surface. deck damp to membrane or insulation roofing apply not Do B. company. insurance his/her and contractor the by determined be shall precipitation expected with performed work Any expected. is precipitation of chance a when or weather inclement membrane roofing apply not Do Limitations: Condition Weather A. CONDITIONS PROJECT 1.8 photos. site & map progress a including reports progress weekly with owner the Supply 5. . is project this to related work any where sites job all of inspections daily Perform 4. corrected. and reported previously been have may that those than other specifications the with conflict in procedures applications no observed has manufacturer that tests and observation manufacturer’s on based and project the of completion after Confirm 3. attention. Contractor’s the to practices unacceptable correct to Contractor the of refusal or failure any writing in the to Report 2. observed. as work the of quality and progress the to as informed the Keep 1. assemblies: up-built modified installing company the with experience years’ 20 of minimum a have must site-on representative manufacturer’s The following. the provide will Manufacturer System Roofing the of employee time-full actual an progress, in is project the When A. INSPECTIONS MANUFACTURER’S 1.7 expense. his at replaced or repaired be will and contractor the of responsibility sole the be will contractor the by caused deck the to Damage time. any at compromised not is deck the of integrity the that sure make must contractor the roof, the on is equipment or material any If site. job the on equipment and material all secure to contractor the of responsibility the is It D. sources. moisture other and weather from protected progress in not is work roofing when or overnight roof the on materials unused leave not Do C. polyethylene). (not material breathable other or tarpaulin canvas a with goods roll Cover end. on materials roll all Stand surface. other or pallets on materials sheet other and felt of rolls Store exposure. moisture significant of possibility no ensure to place tight-weather ventilated,-well dry, a in sheets roofing handle and Store B. undamaged. and dry containers, original manufacturer’s in intact, and seals with site to products Deliver A. HANDLING AND STORAGE DELIVERY, 1.6 days. working-non or weather for procedures notification Review 10. conference. reconvening for date set and resolved be will disagreements how determine conference, of conclusion at exist disagreements substantial If attending. party each to of copy furnish and reached disagreements) (or agreements and decisions including conference of discussion (contractor) Record 9. requirement). mandatory not (if roofing temporary of possibility including conditions, unfavorable with for procedures and conditions weather forecasted and weather Review 8. procedures. accounting usage material and certifying testing, inspection, required Review 7. 62 Improvements Envelope Center Rec 2024 Rochester of City 234 less not and gauge 28 than lighter not metal sheet coated-zinc of caps or discs Flat Discs: Metal D. used. are diameter inch-1 than less not heads with fasteners or nails composite piece-one when omitted be may discs Metal diameter. inch-1 than less not of discs metal flat through -flush be shall fasteners and Nails material. deck the of manufacturer the by recommended as type penetrating of type clinching-self be shall Fasteners stainless with used be shall nails steel stainless and aluminum; with used be shall nails steel-stainless or aluminum copper; with used be shall nails copper hard that except galvanized or metal ferrous-Non Fasteners: and Nails C. requirements. for Insulation Deck and Roof Fasteners: Insulation Roof B. requirements. for Insulation Deck and Roof - Reference Insulation: Roof A. MATERIALS RELATED 2.6 1863.-D ASTM meeting aggregate dry washed #8-#5 Aggregate: 1. 1863.-D ASTM to conform To Aggregate: A. SURFACINGS 2.5 MEMBRANE FLASHING MODIFIED D. UNDERLAYMENT FLASHING BASE C. MEMBRANE FIELD MODIFIED B. A. Company Garland The - MATERIALS 2.4 III. Type 312-D Specifications ASTM meet Shall 1. Adhesive Interply C. II. Type 2822,-D ASTM compliant, V.O.C. Mastic: Roofing Asphalt B. 41.-D ASTM compliant, V.O.C. Primer: Asphalt A. MATERIALS BITUMINOUS 2.3 cm 2.5 °F77 @ Ductility units 35-15 °F77 @ Penetration °F500 Point Flash 205°F - °F185 Point Softening asphalt. steep III Type 312-D ASTM of consist will bitumen hot The a. spar. white or gravel, pea slag, of consisting aggregate roofing 1863-D ASTM and bitumen hot of coat flood a be will surfacing The 4. .permitted be will flashings exposed No roof. the of field the to down extending metal sheet prefinished 24ga by covered be then will flashings All MEMBRANE. FLASHING MODIFIED -bitumen modified of layer additional an by covered UNDERLAYMENT FLASHING BASE of ply one be will and bitumen in set be will flashings All 3. cm 2.5 °F77 @ Ductility units 35-15 °F77 @ Penetration °F500 Point Flash 205°F - °F185 Point Softening asphalt. steep III Type 312-D ASTM of consist will bitumen hot The 2. surfacing. gravel & flood a with membrane field modified of ply one ,Plies Roofing HPR of plies Three 1. RELATED ASPHALT HOT to: limited not but including work roofing bituminous Modified A. DESCRIPTION 2.2 acceptable. be not will manufacturer’s Multiple manufacturer. same the by provided be must panels wall metal & roofing slope low new The B. specification. the of section Material” Specified of Substitution “#9 to refer shall material specified the of substitutions Any required. standard a of indicative be shall it specified, is standard performance or name trade particular a When Company. Garland The is waterproofing primary the for specification this of basis The A. 63 Improvements Envelope Center Rec 2024 Rochester of City 235 same that completed be can as day one in roofing much as only apply and Begin operation. continuous a in flashing and sheet modified roofing of application Complete construction. phased permit not Do application. and dry materials roofing Keep instructions. manufacturer’s by otherwise recommended specified as materials roofing Apply H. construction. building adjacent or components roofing damaging or building, entering joints, substrate penetrating from bitumen Prevent Penetrations: Joint Substrate G. basis). average job total a on percent 25 minus or (plus square per bitumen of lb. 70-60 approximately of rate the at bitumen apply coat, flood a For square. roof per bitumen of lb. 25 approximately of rate the at bitumen apply mopping, interply For Weights: Mopping Bitumen F. bitumen. adding when except lid Keep hours. 3 than more for (FBT) temperature blowing finishing exceeding temperature at held been has that bitumen Discard flash below 25° than higher temperature a to heat not Do heating. bitumen temperature recommended exceed not Do test. suitable by or manufacturer from information by bitumen of temperature handling safe-fire and EVT, temperature, blowing finished flash Determine application. of time to prior hour 1 than more application) of point at 5°F (plus EVT to necessary temperature holding-fluid normal minimum above temperature raise not Do by recommended as Method EVT to according bitumen apply and Heat Heating: Bitumen Asphalt E. work. resuming immediately offs-cut Remove cement. roofing with sealed edges and with and bitumen of moppings full in set felt roofing organic #15 of plies (2) two with insulation and sheets ply exposed cover to work day’s each of end at offs-cut Provide overnight. exposed left or precipitation to exposed not are plies roofing and insulation that so components roofing installing Coordinate D. work. roofing bituminous modified the of installation by damaged work other restore or Replace conductors. and clogging or entering from materials prevent and materials roofing of spillage from work other Protect C. requirements. insurance specified and regulation governing with comply to roofing the test and install required, Where Compliance: Insurance/Code B. system. roof the installing with connection in services perform to required or engaged agencies test and inspection manufacturer, with Cooperate A. REQUIREMENTS INSTALLATION GENERAL 3.2 Manufacturer. System Roof to acceptable manner a in corrected been have conditions unsatisfactory until roofing with proceed not Do installed. be will roofing which under conditions and work associated and roofing sheet bitumen modified receive to surfaces substrate Examine A. EXAMINATION 3.1 EXECUTION – 3 PART Square. Edges: Long 12. .(7620) 0”-25’ Radius: Bending 11. (1219). 48" Widths: 10. (2438). 0”-8’ & (1219) 0”-4’ Length: 9. 1/2” Thickness: 8. psi. 1800 Strength: Compressive 7. 8” ability:-Span Flute E661 ASTM 6. 0. Developed: b. 5. Spread: Flame a. Characteristics: Burning-Surface E84 ASTM 5. 5. \[30\]. E96: ASTM 4. 3273. D ASTM to according rated as 10 of Score Resistance: Mold 3273: D ASTM 3. 3 G”.-“FRX Designation Type UL 2. Board”. Roof Fiber Gypsum Brand Securock® “USG following: the on based is the requirements, project with compliance to Subject Design: of Basis 1. Panel.” Gypsum Reinforced-Fiber for Specification “Standard C1278, ASTM Board Roof Fiber Gypsum 1. ROOF FIBER GYPSUM SECUROCK® USG BOARD, SUBSTRATE E. acceptable. not are caps shaped cup or Bell dishing. prevent to formed be shall Discs diameter. in inch-1 than 64 Improvements Envelope Center Rec 2024 Rochester of City 236 system. roofing of performance with concerned directly representatives other and Manufacturer, roof the of representatives Owner, work, associated of installer Installer, with meet work, associated and installation roofing of completion At A. INSPECTION FINAL 3.9 instructions. their to conform and cleaning for surfaces of manufacturer consult section, this of work by caused soiling of sources other any or asphalt by are surfaces finished where areas In B. surfaces. finished and ladders floors, windows, all from adhesive bitumen of drippage Remove A. CLEANING 3.8 coverage. square per lbs. 60 of rate a at bitumen of coat flood a in aggregate Uniformly approved. and completed been have actions corrective and repairs, flashings, felt after only aggregate Install aggregate). for square per lbs. (500 specified quantities the in materials surfacing Apply 1. Surfacing Aggregate A. SURFACING OF APPLICATION 3.7 sealant. elastomeric an with band the of edge upper the Caulk sections. other in are work roofing the with coordinated be to devices other and vents including items, accessory metal sheet miscellaneous accessories, Roof G. sections. other in specified are work roofing bitumen modified with coordinated be to work similar and joints, expansion flashings, cap flashing, Counter F. fiberglass and Bond Flashing of application course-three a with membrane flashing of laps vertical all Seal E. substrate. the to adhered solidly be must membrane flashing of sheet The D. surfaces. vertical all at O.C. 6” off and specifications these in noted otherwise asphalt specified with ply underlayment flashing base the to adhered be will and membrane flashing the as used be will membrane modified The C. free. tack dry to primer Allow gallon. per feet square 100 of rate the at primer asphalt with drawings the on shown where and flashed be to expansion and penetrations all Prepare B. membrane. flashing or roof the under or around behind, entering moisture permit will that exist condition No daily a on mesh and of application an with sealed be shall flashings parapet and wall curb, All A. (GENERAL) INSTALLATION MEMBRANE FLASHING 3.5 drawings. the on shown as asphalt specified the of moppings full in cants all of edge top beyond 2” membrane Extend F. embedded. being roll each of ahead feet five than more no asphalt Apply E. layers. base the of laps the with coincide not shall laps the but underlayers the as direction same the in laid be shall membrane modified The staggered. be shall laps end The laps. end 8” and laps side 4” of minimum a with above as roof the across installed be shall modified of rolls Subsequent D. substrate. to bonded solidly are laps the that ensure to all to pressure Apply C. membrane. the under entrapment air eliminate to taken be Care laps. side all at visible slightly asphalt with it of front in asphalt of puddle a push must roll The B. feet. square 100 per lbs. 30 of rate the at asphalt specified with ply base the to bonded solidly by then shall membrane modified The A. APPLICATION MEMBRANE MODIFIED 4. details. projection and perimeter all to ply flashing base Install D. bases. projection and wall at cants of edges top beyond two plies Extend C. minimum. inches laps end Stagger inches. eight ends sheet ply Lap B. roof and barrier vapor the both to Applicable roofing. of area large each on water shed to direction proper in Shingle substrate. prepared the over throughout plies wot achieve to uniformly shingled bitumen of sq. per lb. 25 in Glasfelts HPR of plies wot )2( Install Fiberglass A. INSTALLATION PLY FELT 3.3 sealed. edges and with bitumen of moppings full in set felt roofing organic #15 of plies (2) two of covering temporary Provide insulation. and sheets ply including work, incomplete of edge exposed protect installation, roofing day’s each of end At Offs:-Cut I. day. 65 Improvements Envelope Center Rec 2024 Rochester of City 237 SECTION OF END manufacturer. material the by writing in made be will acceptance inspection, final the Following G. corrections. of completion upon the to is Contractor The F. requirements. warranty to according and Completion Substantial of time at deterioration and damage of free condition a to inspection above time at found work defective or deteriorated required) (as replace or Repair E. expense. own his at areas damaged the replace to required be shall Contractor Roofing the materials, wet or damp of presence the cuts core If D. negotiated a at Contractor Roofing the by provided be shall scan thermographic The installed. been have materials wet or damp any if determine to inspection final roof the of scan thermographic a request to right the reserves Manufacturer roofing The C. attending. parting each to list of copy furnish and completion or correction requiring items all List equipment. other and curbs penetrations, roof of flashing as well as edges building perimeter inspect building, the of areas surface roof Walk B. 66 Improvements Envelope Center Rec 2024 Rochester of City 238 Sheet Materials Using a Combination of Polyester and Glass Fiber Reinforcements.ASTM D 6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous M. Materials.ASTM D 5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet L. ASTM D 4601 Standard Specification for Asphalt Coated Glass Fiber Base Sheet Used in Roofing. K. Free.-ASTM D 4586 Standard Specification for Asphalt Roof Cement, Asbestos J. Pigmented Asphalt Roof Coating.-ASTM D 2824 Standard Specification for Aluminum I. ASTM D 2178 Standard Specification for Asphalt Glass Felt Used in Roofing and Waterproofing. H. Roofing.ASTM D 1863 Standard Specification for Mineral Aggregate Used as a Protective Coating for G. Roofing.ASTM D 1227 Standard Specification for Emulsified Asphalt Used as a Protective Coating for F. ASTM D 1079 Standard Terminology Relating to Roofing, Waterproofing and Bituminous Materials. E. Used as Steep Roofing Underlayment for Ice Dam Protection.Adhering Polymer Modified Bituminous, -Specification for Sheet Materials, Self -ASTM D 1970 D. Roofing Products.Standard Test Method for Sieve Analysis of Granular Mineral Surfacing for Asphalt -ASTM D 451 C. Standard Specification for Asphalt used in Roofing. -ASTM D 312 B. Waterproofing.Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and -ASTM D 41 A. REFERENCES 1.2 Division 7 Section “Metal Wall Panels" 4. Division 7 Section “Flashing & Sheet Metal.” 3. Division 7 Section “Roof and Deck Insulation.” 2. Division 7 Section “Preparation for Roofing.” 1. elsewhere: specified work Related B. Conditions. Supplementary General including Contract, the of provisions general and Drawings A. SECTIONS RELATED 1.2 heights. flashing 8” minimum the meet to order in installed be must blocking wood Additional met. are heights all to contractor roofing the of responsibility the is It termination flashing base the of top the to surface roof finished the from ”8 is location any at height flashing Minimum HEIGHTS FLASHING MINIMUM stripping / lead drain the of transition smooth a for allow to flat being board 4’X4’ center the with 12’ X ’12 of minimum a be must Roof crickets. tapered the of top the from apply heights flashing Minimum water. properly to order in curb the of side high the on crickets tapered receive must wide 36” than greater curbs roof All system. insulation associated sit and sections roof all of approval / for drawings shop submit to required be will contractor roofing The insulation. tapered primary the of slope the twice be must crickets/saddles All SADDLES / CRICKETS General Notes: B. See detailed drawings package for system warranty. A. SECTION INCLUDES 1.1 GENERAL 1. MODIFIED BITUMINOUS MEMBRANE ROOFINGKEE/ SECTION 07550 67 Improvements Envelope Center Rec 2024 Rochester of City 239 applicable) Owner’s insurers, test agencies and governing authorities.directly concerned with performance of the Work, including (where other representativeswork (including mechanical work if any), Owner, roofing system manufacturer’s representative, and work, installers of rooftop units and other work in the around roofing must precede or follow roofing te construction to receive roofing each component of associated work, installers of deck or substramodified bitumen roof system installation and associated work meet at project site with installer of application Roofing Conference: Approximately 2 weeks before scheduled commencement of -Pre E. roofing and associated work.certification as may be necessary in connection with fire and extended coverage insurance on Insurance Certification: Assist Owner in preparation and submittal of roof installation acceptance D. ntractor.hire a qualified contractor and back charge the original coduring construction. If the contractor does not respond within 4 hours, the Owner has the right to It shall be the Contractor’s responsibility to respond immediately to correction of roof leakage C. possession of the Supervisor/Foremen and on the roof at all times.y of the specification shall be in the proper supervision of workmen shall be maintained. A copsite during all phases of bituminous sheet roofing work and at any time roofing work is in progress, time Supervisor/Foreman on job -Installer’s Field Supervision: Require Installer to maintain a full B. owner to evaluate. The projects must consist of the same roof system that is being specified. mile radius for the -contractor must submit a list of five projects that are 10 years old within a 100pon request, the installing manufacturer as qualified to install manufacturer’s roofing materials. Uapplication with minimum 15 years experience and who is certified by the roofing system Installer Qualifications: Installer (Roofer) shall be specializing in modified bituminous roof A. CONTRACTOR QUALIFICATION / QUALITY ASSURANCE 1.4 Certified copy of ISO 9001 compliance. G. Unexecuted Manufacturer’s warranty. F. Provide a sample of each product. E. manufacturer’s roofing materials.15 year’s experience and who is certified by the roofing system manufacturer as qualified to install Show evidence that the Installer specializes in modified bituminous roof application with a minimum D. herein.the total roof system specified compatible with each other and are suitable for inclusion within materials provided conform to all requirements specified herein and are chemically and physically Show evidence that the products and materials are manufactured in the United States and that C. irements.data substantiating that materials comply with specified requinstallation instructions and recommendations for each type of roofing product required. Include Product Data for each type of product specified including manufacturer’s technical product data, B. 108 Class 1A.-Laboratories, or Warnock Hersey for external fire ESubmit certification that the roof system furnished is approved by Factory Mutual, Underwriters A. SUBMITTALS 1.3 Roof Coverings and/or RoofNav assembly database. -FM Approvals AA. Fire Resistance Directory. -UL Z. ASCE 7, Minimum Design Loads for Buildings and Other Structures Y. 1 Wind Design Standard for Edge Systems used with Low Slope Roofing Systems.-SPRI ES-ANSI X. Warnock Hersey (WH): Fire Hazard Classifications. W. Underwriters Laboratories, Inc. (UL): Fire Hazard Classifications. V. Sheet Metal Manual.Architectural -Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) U. National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual. T. Factory Mutual Research (FM): Roof Assembly Classifications. S. Standard Test Methods for Fire Test of Roof Coverings -ASTM E 108 R. Slope Roofing.-SteepStandard Specification for Underlayment Felt Containing Inorganic Fibers Used in -ASTM D 6757 Q. Standard Specification for Ketone Ethylene Ester (KEE) Sheet Roofing. -ASTM D 6754 P. Reinforcements.Sheet Materials Using Polyester Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous -ASTM D 6164 O. Sheet Materials Using Glass Fiber Reinforcements.ASTM D 6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous N. 68 Improvements Envelope Center Rec 2024 Rochester of City 240 Installation instructions. 3. Storage and handling requirements and recommendations. 2. Preparation instructions and recommendations. 1. Product Data: Manufacturer's data sheets on each product to be used, including: A. SUBMITTALS 1.6 through UL Environment.based materials shall be third party certified -Roof System membranes containing recycled or bio C. existing roof structure.Installation of new roofing materials shall not exceed the dead load capacity of the a. Dead Load: 3. Live Load: 20 psf, or not to exceed original building design. 2. Corners 56.9 psf -Zone 3 c) Eaves, ridges, hips and rakes 38.8 psf -Zone 2 b) Field of roof 29.8 psf -Zone 1 a) Roof Area Design Uplift Pressure: 10) Roof Pitch: 2:12. 9) Minimum Building Width: 175 feet. 8) Design Roof Height: 25 feet. 7) C. a) Exposure Category: 6) Ultimate Pullout Value: ___ pounds per each of the fastener 5) Wind Speed: 121 mph 4) 1.0 a) Importance Factor of: 3) IV a) Importance Category: 2) Design Code: ASCE 7, Method 2 for Components and Cladding. 1) complying with the following criteria.Installed roof system shall withstand negative (uplift) design wind loading pressures a. Uniform Wind Uplift Load Capacity 1. Design Requirements: B. Perform work in accordance with all federal, state and local codes. A. DESIGN / PERFORMANCE REQUIREMENTS 1.5 working days.-Review notification procedures for weather or non 10. resolved and set date for reconvening conference.be disagreements exist at conclusion of conference, determine how disagreements willdisagreements) reached and furnish copy of record to each party attending. If substantial Record (contractor) discussion of conference including decisions and agreements (or 9. requirement).unfavorable conditions, including possibility of temporary roofing (if not mandatory Review weather and forecasted weather conditions and procedures for coping with 8. Review required inspection, testing, certifying and material usage accounting procedures. 7. delays.materials, Installer’s personnel, equipment and facilities needed to make progress and avoid Review and finalize construction schedule related to roofing work and verify availability of 6. Review required submittals both completed and yet to be completed. 5. documents).Review roofing system requirements (drawings, specifications and other contract 4. required attachment.Review structural loading limitations of deck and inspect deck for loss of flatness and for 3. trades.substrate, roof drains, curbs, penetrations and other preparatory work performed by other Tour representative areas of roofing substrates (decks), inspect and discuss condition of 2. foreseeable methods and procedures related to roofing work.Review 1. Objectives to include: F. 69 Improvements Envelope Center Rec 2024 Rochester of City 241 Insurance Certification: Assist Owner in preparation and submittal of roof installation acceptance D. ntractor.hire a qualified contractor and back charge the original coduring construction. If the contractor does not respond within 4 hours, the Owner has the right to It shall be the Contractor’s responsibility to respond immediately to correction of roof leakage C. possession of the Supervisor/Foremen and on the roof at all times.y of the specification shall be in the proper supervision of workmen shall be maintained. A copsite during all phases of bituminous sheet roofing work and at any time roofing work is in progress, time Supervisor/Foreman on job -Installer’s Field Supervision: Require Installer to maintain a full B. owner to evaluate. The projects must consist of the same roof system that is being specified. mile radius for the -contractor must submit a list of five projects that are 10 years old within a 100pon request, the installing manufacturer as qualified to install manufacturer’s roofing materials. Uapplication with minimum 15 years experience and who is certified by the roofing system Installer Qualifications: Installer (Roofer) shall be specializing in modified bituminous roof A. CONTRACTOR QUALIFICATION / QUALITY ASSURANCE 1.8 secondary components in list form, signed by an authorized agent of the Manufacturer.cturer's written approval of Manufacturer. Upon request of the Architect or Owner, submit Manufaproducts that are required shall be recommended and approved in writing by the roofing system Source Limitations: Obtain all components of roof system from a single manufacturer. Secondary F. herein.he total roof system specified compatible with each other, and are suitable for inclusion within tUnited States and conform to requirements specified herein, are chemically and physically Product Certification: Provide manufacturer's certification that materials are manufactured in the E. of roofing work while roofing work is in progress.time Supervisor/Foreman on job site during all phases -Installer's Field Supervision: Maintain a full D. Approved Garland Contractor.-years documented experience and a certified PreInstaller Qualifications: Company specializing in performing Work of this section with minimum five C. must not have been in Chapter 11 bankruptcy during the last five years.documented ISO 9001 certification and minimum of twelve years of documented experience and Manufacturer Qualifications: Company specializing in manufacturing products specified with B. Perform Work in accordance with NRCA Roofing and Waterproofing Manual. A. QUALITY ASSURANCE 1.7 coverage insurance on roofing and associated work.installation acceptance certification as may be necessary in connection with fire and extended submittal of roof product warranty executed by the manufacturer. Assist Owner in preparation and recommendations for periodic inspection and maintenance of all completed roofing work. Provide Closeout Submittals: Provide manufacturer's maintenance instructions that include J. nationally recognized building codes.xternal fire and meets local or party testing facility in accordance with ASTM E108, Class A for eFactory Mutual (FM), Underwritters Laboratories (UL), Warnock Hersey (WH) or approved third Manufacturer's Fire Compliance Certificate: Certify that the roof system furnished is approved by I. bituminous sheet roofing, indicating compliance with ASTM D5147.Test Reports: Submit test reports, prepared by an independent testing agency, for all modified H. 77 deg. F. Tests at 0 deg. F will not be considered.bituminous sheet roofing, indicating compliance with ASTM D5147. Testing must be performed at Test Reports: Submit test reports, prepared by an independent testing agency, for all modified G. Manufacturer's Certificates: Provide to certify products meet or exceed specified requirements. F. minimum size 6 inches (150 mm) square, representing actual product, color, and patterns.Verification Samples: For each modified bituminous membrane ply product specified, two samples, E. System membranes containing recycled or bio based materials.Based Materials: Provide third party certification through UL Environment of roof -Recycled or Bio D. begins.ad requirements before Work report, certifying the system's compliance with applicable wind lowith ASCE 7 and local Building Code requirements. Include a roof system attachment analysis Design Pressure Calculations: Submit design pressure calculations for the roof area in accordance C. and base modified bitumen membrane, prior to job start.insulation and vapor barrier, including notation of roof slopes and fastening patterns of insulation Shop Drawings: Submit shop drawings including installation details of roofing, flashing, fastening, B. 70 Improvements Envelope Center Rec 2024 Rochester of City 242 weatherproofed during same day.Do not expose materials vulnerable to water or sun damage in quantities greater than can be C. Do not apply roofing insulation or membrane to damp deck surface. B. determined by the contractor and his/her insurance company. a chance of precipitation is expected. Any work performed with expected precipitation shall be Weather Condition Limitations: Do not apply roofing membrane during inclement weather or when A. PROJECT CONDITIONS 1.11 Coordinate Work with installing associated metal flashings as work of this section proceeds. A. COORDINATION 1.10 degree F (27 degree C). Area of storage shall be constructed for flammable storage.Adhesive storage shall be between the range of above 50 degree F (10 degree C) and below 80 F. Architect/Engineer.Avoid stockpiling of materials on roofs without first obtaining acceptance from the E. welding sparks.away from open flame or temperature, removed only as needed for immediate use. Keep materials winter, store materials in a heated location with a 50 degree F (10 degree C) minimum Store at room temperature wherever possible, until immediately prior to installing the roll. During D. used in the application.on a clean flat surface. No wet or damaged materials will be Stone FB 60 rolls flat -installation. Store roll goods on end on a clean flat surface except store KEEStored in accordance with the instructions of the manufacturer prior to their application or C. with "breathable" tarpaulins.elements until time of application. Store materials at least 4 inches above ground level and covered Store all roofing materials in a dry place, on pallets or raised platforms, out of direct exposure to the B. installation.Deliver and store products in manufacturer's unopened packaging with labels intact until ready for A. DELIVERY, STORAGE, AND HANDLING 1.9 working days.-Review notification procedures for weather or non 10. resolved and set date for reconvening conference.be disagreements exist at conclusion of conference, determine how disagreements willdisagreements) reached and furnish copy of record to each party attending. If substantial Record (contractor) discussion of conference including decisions and agreements (or 9. conditions, including possibility of temporary roofing (if not mandatory requirement).Review weather and forecasted weather conditions and procedures for coping with unfavorable 8. Review required inspection, testing, certifying and material usage accounting procedures. 7. delays.materials, Installer’s personnel, equipment and facilities needed to make progress and avoid Review and finalize construction schedule related to roofing work and verify availability of 6. Review required submittals both completed and yet to be completed. 5. Review roofing system requirements (drawings, specifications and other contract documents). 4. required attachment.Review structural loading limitations of deck and inspect deck for loss of flatness and for 3. trades.substrate, roof drains, curbs, penetrations and other preparatory work performed by other Tour representative areas of roofing substrates (decks), inspect and discuss condition of 2. foreseeable methods and procedures related to roofing work.Review 1. Objectives to include: applicable) Owner’s insurers, test agencies and governing authorities.directly concerned with performance of the Work, including (where other representativeswork (including mechanical work if any), Owner, roofing system manufacturer’s representative, and work, installers of rooftop units and other work in the around roofing must precede or follow roofing te construction to receive roofing each component of associated work, installers of deck or substramodified bitumen roof system installation and associated work meet at project site with installer of application Roofing Conference: Approximately 2 weeks before scheduled commencement of -Pre E. roofing and associated work.certification as may be necessary in connection with fire and extended coverage insurance on 71 Improvements Envelope Center Rec 2024 Rochester of City 243 coated sheet metal not lighter than 28 gauge and not less -Metal Discs: Flat discs or caps of zinc D. inch diameter are used.-e nails or fasteners with heads not less than 1piece composit-oneinch diameter. Metal discs may be omitted when -driven through flat metal discs of not less than 1-type as recommended by the manufacturer of the deck material. Nails and fasteners shall be flushclinching type of penetrating -ll be selfsteel nails shall be used with stainless steel. Fasteners shasteel nails shall be used with aluminum; and stainless -used with copper; aluminum or stainlessferrous metal or galvanized steel, except that hard copper nails shall be -Nails and Fasteners: Non C. Roof Insulation Fasteners: Roof and Deck Insulation for requirements. B. Roof and Deck Insulation for requirements. -Roof Insulation: Reference A. RELATED MATERIALS 2.4 MD 44 lbf/in (7.7 kN/m) XD 44 lbf/in (7.7 kN/m) a. Tensile Strength, ASTM D 2178 1. water on each area of roof.gle in direction of slope of roof to shed achieve two plies over the entire prepared substrate. ShinIV. Install two fiberglass ply sheets in 25 lbs. (11.3kg) per square of bitumen, shingled uniformly to Vapor Retarder: Glasfelts, inorganic asphalt impregnated felts conforming to ASTM D 2178, Type A. ACCESSORIES: 2.3 Flashing Ply Adhesive. F. Flashing Cap (Ply) Sheet: One ply bonded to the prepared substrate with Flashing Ply Adhesive. E. Flashing Base Ply: One ply bonded to the prepared substrate with Flashing Ply Adhesive. D. Interply Adhesive. C. Thermoplastic Cap (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive. B. Base (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive. A. Stone FB 60-KEE -PLY THERMOPLASTIC HYBRID ROOF SYSTEM -COLD APPLIED 2 2.2 Multiple manufacturer’s will not be acceptable. The new low slope roofing & metal wall panels must be provided by the same manufacturer. B. Specified Material” section of the specification. ll refer to “#9 Substitution of standard required. Any substitutions of the specified material shaWhen a particular trade name or performance standard is specified, it shall be indicative of a The basis of this specification for the primary waterproofing system is The Garland Company. A. MANUFACTURERS 2.1 PRODUCTS 2. .accepted be not will construction Phased day. each on completed fully be must work All D. activity. construction adjacent and corrosion weather, of effects from damage against protected are sealers joint and trim flashing, accessories, roof including assemblies roof that ensure to sections other in specified work of units related with roofing sheet bituminous modified of installation Sequence C. SEQUENCING AND SCHEDULING 1.13 acceptance.30 years from date of a. Warranty Period: 1. the defective area to a watertight condition.provide the Owner, at the Manufacturer's expense, with the labor and material necessary to return r, the manufacturer shall defective material or defective workmanship by the installing contractowarranting that, if a leak develops in the roof during the term of this warranty, due either to Upon completion of the work, provide the Manufacturer's written and signed NDL Warranty, A. WARRANTY 1.12 requirements.work to be installed in accordance with manufacturer’s recommendations and warranty Proceed with roofing work only when existing and forecasted weather conditions will permit unit of D. 72 Improvements Envelope Center Rec 2024 Rochester of City 244 ft.Concrete surfaces to receive roofing shall be fully primed at the rate of 1 gallon per 100 sq. 3. All joints shall be caulked or grouted. 2. supporting structure as recommended by the deck manufacturer.Decks shall be clean, dry, fully cured and free of flaws and attached securely to the 1. Precast concrete: B. primer and deck manufacturer.Prime decks where required, in accordance with requirements and recommendations of the 7. cap nails require a minimum pullout capacity of 40 lb. per nail.out capacity of 300 lbs. (136 k) per fastener. Base or ply sheets attached with -minimum pullFasteners and plates for fastening components mechanically to the substrate shall provide a 6. frozen, dirty, or dusty surfaces.Do not apply roofing during inclement weather. Do not apply roofing membrane to damp, 5. vacuumed to remove debris and loose matter prior to starting work.Wherever necessary, all surfaces to receive roofing materials shall be power broom and 4. and debris, dry and structurally sound.Roof surface to receive roofing system shall be smooth, clean, free from loose gravel, dirt 3. material.Fill substrate surface voids that are greater than 1/4 inch wide with an acceptable fill 2. best result for the substrate under the project conditions.achieving the Prepare surfaces using the methods recommended by the manufacturer for 1. General: Clean surfaces thoroughly prior to installation. A. PREPARATION 3.3 sealed. edges and with bitumen of moppings full in set felt roofing organic #15 of plies (2) two of covering temporary Provide insulation. and sheets ply including work, incomplete of edge exposed protect installation, roofing day’s each of end At Offs:-Cut I. day. same that completed be can as day one in roofing much as only apply and Begin operation. continuous a in flashing and sheet modified roofing of application Complete construction. phased permit not Do application. and dry materials roofing Keep instructions. manufacturer’s by otherwise recommended specified as materials roofing Apply H. construction. building adjacent or components roofing damaging or building, entering joints, substrate penetrating from bitumen Prevent Penetrations: Joint Substrate H. work. resuming immediately offs-cut Remove .insulation and sheets ply exposed cover to work day’s each of end at offs-cut Provide overnight. exposed left or precipitation to exposed not are plies roofing and insulation that so components roofing installing Coordinate D. work. roofing bituminous modified the of installation by damaged work other restore or Replace conductors. and clogging or entering from materials prevent and materials roofing of spillage from work other Protect C. requirements. insurance specified and regulation governing with comply to roofing the test and install required, Where Compliance: Insurance/Code B. system. roof the installing with connection in services perform to required or engaged agencies test and inspection manufacturer, with Cooperate A. GENERAL INSTALLATION REQUIREMENTS 3.2 Architect of unsatisfactory preparation before proceeding.If substrate preparation and other conditions are the responsibility of another installer, notify D. properly completed.Verify that work penetrating the roof deck, or which may otherwise affect the roofing, has been C. expansion joints, roof drains, stack vents, vent outlets, nailers and surfaces and elements.Inspect and approve the deck condition, slopes and fastener backing if applicable, parapet walls, B. Do not begin installation until substrates have been properly prepared. A. EXAMINATION 3.1 EXECUTION 3. acceptable.inch in diameter. Discs shall be formed to prevent dishing. Bell or cup shaped caps are not - 73 Improvements Envelope Center Rec 2024 Rochester of City 245 All field seams exceeding 10 feet in length shall be welded with an approved automatic 1. of roofing.achieve the number of plies specified. Shingle in proper direction to shed water on each large area the rate required by the manufacturer. Shingle sheets uniformly over the prepared substrate to Thermoplastic Cap Ply: Allow plies to relax before installing. Install in interplay adhesive applied at B. membrane. However, the modified membrane must be installed the same day as the base Allow the one ply of base sheet to cure at least 30 minutes before installing the modified 7. Install base flashing ply to all perimeter and projection details. 6. Extend plies 2 inches beyond top edges of cants at wall and projection bases. 5. underlayers but the laps shall not coincide with the laps of the base layers.laps and 8 inch staggered end laps. Lay modified membrane in the same direction as the Install subsequent rolls of modified across the roof as above with a minimum of 4 inch side 4. Use care to eliminate air entrapment under the membrane.visible at all side laps. Roll must push a puddle of adhesive in front of it with adhesive slightly 3. 1/2 gallons per 100 square feet.-2Solidly bond to the substrate and adjacent ply with specified cold adhesive at the rate of 2 to 2. Lap ply sheet ends 8 inches. Stagger end laps 12 inches minimum. 1. direction to shed water on each large area of roofing.repared substrate. Shingle in proper sheets uniformly to achieve one ply throughout over the pbase sheet in Interply Adhesive: applied at the rate required by the manufacturer. Shingle base Base Ply: Cut base ply sheets into 18 foot lengths and allow plies to relax before installing. Install A. INSTALLATION COLD APPLIED ROOF SYSTEM 3.5 membrane when strapping the plies.ing) to facilitate backnailing. Install 4 additional fasteners at the upper edge of the (strappthe deck at the rate specified above. When slope exceeds 2:12, install all plies parallel to the slope insulated systems, nail each ply directly into -and 4 feet o.c. for slopes greater than 3:12. On nonops at 16 ft o.c. for slopes less than 3:12 membrane) at each insulation stop. Place insulation stshank 1 inch cap nails, or screws and plates at a rate of 1 fastener per ply (including the -nailing to prevent slippage of the ply sheets. Use ring or -All slopes greater than 2:12 require back D. up the slope toward the highest point. Lap sheets shingle fashion so as to constantly shed waterCommence installation of the roofing system at the lowest point of the roof (or roof area), working C. roll from a heated storage area.it must be replaced with application. If the membrane roll becomes stiff or difficult to install, likelihood of unnecessary stress cracking. Rolls must be at least 40 degrees F at the time of Unrolling of cold materials, under low ambient conditions must be avoided to prevent the 2. temperature constraints as well.product to the appropriately prepared substrate as the substrate can be affected by such ed to be joined. Use extra care at material seam welds and where adhesion of the appliaffected by wind or humidity, to ensure adequate bonding is achieved between the surfaces Take extra care during cold weather installation and when ambient temperatures are 1. degrees F. When work at such temperatures unavoidable use the following precautions:45 -General: Avoid installation of modified bitumen membranes at temperatures lower than 40 B. ation, and applicable codes.& Waterproofing Manual, the Asphalt Roofing Manufacturers Associand with the recommendations provided by the National Roofing Contractors Association's Roofing Install modified bitumen membranes and flashings in accordance with manufacturer's instructions A. GENERAL -INSTALLATION 3.4 unadhered a minimum of 2 inches (51 mm) immediately on either side of the joint.Deck joints shall be stripped in with a 12 inch (305 mm) wide strip of modified membrane 5. approximately 4 inches (102 mm) to prevent bitumen drippage.ints to dry prior to the application of the roofing system. Hold back bitumen at the joasphalt/concrete primer, ASTM D41, at a rate of 1 gal/square (.4 L/m2) and allow the primer When applying roofing or insulation directly to the deck with asphalt, prime with 4. 74 Improvements Envelope Center Rec 2024 Rochester of City 246 Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping 7. roofing work as specified.bitumen Coordinate counter flashing, cap flashings, expansion joints and similar work with modified 6. and fiberglass mesh.grade mastic -course application of trowel-Seal all vertical laps of flashing ply with a three 5. and sealed at top.are not run up and over curb through termination bar fastened at 6 inches (152 mm) O.C. Solidly adhere the entire flashing ply to the substrate. Secure the tops of all flashings that 4. surfaces.specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at all vertical Adhere to the underlying base ply with specified flashing ply adhesive unless otherwise 3. tack free.flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry Prepare all walls, penetrations, expansion joints and where shown on the Drawings to be 2. under the roof or flashing membrane.basis. Do not permit conditions to exist that will allow moisture to enter behind, around or Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily 1. Flashing Base Ply: Install flashing sheets by the same application method used for the base ply. G. top edge if required.achieve constant compression. Provide suitable, sealant at the of all flashing sheets at walls and curbs. Fasten the bar a minimum of 8 inches (203 mm) o/c to Termination Bar: Provide a metal termination bar or approved top edge securement at the terminus F. anual."Architectural Sheet Metal Manual" or the NRCA Roofing Waterproofing mas specified in Section 07620 or Section 07710. Install in accordance with the SMACNA wall flashings -Metal Work: Provide metal flashings, counter flashings, parapet coping caps and thru E. a minimum force of 200 lbs/lineal foot in any direction.49, Perimeter Flashing" and be designed to be capable of resisting -Prevention Data Sheet 1Nailers and flashings should be fastened in accordance with Factory Mutual "Loss 4. between each length or change of direction.Nailer lengths should be spaced with a minimum 1/8 inch gap for expansion and contraction 3. transition between flashing and insulation areas.Wood nailers should match the height of any insulation, providing a smooth and even 2. sheet metal components.Provide nailers at all roof perimeters and penetrations for fastening membrane flashings and 1. in Section 06114.Wood Blocking, Nailers and Cant Strips: Provide wood blocking, nailers and cant strips as specified D. ed plates and fasteners.adhesives, hot asphalt or mechanically attached with approvtreatments where angle changes are greater than 45 degrees. Cant may be set in approved cold combustible perlite or glass fiber cant strips at all wall/curb detail -Fibrous Cant Strips: Provide non C. minimum of 1.5 inches in width.Properly welded seams shall utilize a 1.5 inch wide nozzle, to create a homogeneous weld, a 7. supply, without fluctuations that can interfere with weld consistency.of a dedicated, portable generator is highly recommended to ensure a consistent electrical Follow local code requirements for electric supply, grounding and surge protection. The use 6. concentrate heat along the exterior edge of the lap during the final welding pass.The back interior edge of the membrane shall be welded first, with a thin, continuous weld to 5. welded to hold the membrane in place.continuity of the weld. The lap or seam area of the membrane may be intermittently tack All welding shall be performed only by qualified personnel to ensure the quality and 4. membrane patch or strip.Contaminated areas within a membrane seam will inhibit proper welding and will require a 3. before initiating the automatic welder. Do not use denim or synthetic rags for cleaning.to dissipate WHITE COTTON cloths and allow approximately five minutes for solvents materials from the seams (dirt, oils, etc.) with acetone or authorized alternative. Use CLEAN All field seams must be clean and dry prior to initiating any field welding. Remove foreign 2. welder. 75 Improvements Envelope Center Rec 2024 Rochester of City 247 SCHEDULES 3.9 good general roofing practice.been satisfactorily installed according to the project specifications, approved details and Provide a final report from the Sales Representative, certifying that the roofing system has 4. weather conditions and any discrepancies found during inspection.Provide observation reports from the Sales Representative indicating procedures followed, 3. installations for the manufacturer.manufacturer and whose primary job description is to assist, inspect and approve membrane time by the -Field observations shall be performed by a Sales Representative employed full 2. Warranty shall be issued upon manufacturer's acceptance of the installation. 1. the Work.30 percent, 60 percent and 90 percent completion. Provide a final inspection upon completion of up and at intervals of approximately -Inspection: Provide manufacturer's field observations at start A. FIELD QUALITY CONTROL 3.8 over new roofing.Special permission shall be obtained from the Manufacturer before any traffic shall be permitted E. board is required on new roofing.In addition to the plywood listed above, an underlayment of minimum 1/2 inch (13 mm) recover D. 5/8 inch (16 mm) thick.Plywood for traffic ways required for material movement over existing roofs shall be not less than C. Protect exposed surfaces of finished walls with tarps to prevent damage. B. personnel, roofs and structures, vehicles and utilities.Provide traffic ways, erect barriers, fences, guards, rails, enclosures, chutes and the like to protect A. PROTECTION 3.7 Repair or replace defaced or disfigured finishes caused by Work of this section. C. Remove asphalt markings from finished surfaces. B. and other debris resulting from these operations.up and remove daily from the site all wrappings, empty containers, paper, loose particles -Clean A. CLEANING 3.6 Roof Walkways: Provide walkways in areas indicated on the Drawings. I. flashing.above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter Secure the top edge of the flashing sheet using a termination bar only when the wall surface 8. surfaces at all flashings.Heat and scrape granules when welding or adhering at cut areas and seams to granular 7. All stripping shall be installed prior to flashing cap sheet installation. 6. system work.Coordinate roof accessories, miscellaneous sheet metal accessory items with the roofing 5. bitumen roofing work as specified.Coordinate counter flashing, cap flashings, expansion joints and similar work with modified 4. all vertical surfaces.otherwise specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at Adhere to the underlying base flashing ply with specified flashing ply adhesive unless 3. tack free.flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry Prepare all walls, penetrations, expansion joints and where shown on the Drawings to be 2. under the roof or flashing membrane.basis. Do not permit conditions to exist that will allow moisture to enter behind, around or Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily 1. Flashing Cap Ply: H. flashing.above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter Secure the top edge of the flashing sheet using a termination bar only when the wall surface 8. vents and other devices with the roofing system work. 76 Improvements Envelope Center Rec 2024 Rochester of City 248 Flexibility, ASTM D 5147Low Temperature d. 2 deg. C MD 4.5% XD 4.5% -50 mm/min. @ 23 +/ 2) 3.6 deg. F MD 4.5% XD 4.5% -2 in/min. @ 73.4 +/ 1) Elongation at Maximum Tensile, ASTM D 5147 c. 2 deg. C MD 1223 N XD 1223 N -50 mm/min. @ 23 +/ 2) 3.6 deg. F MD 275 lbf XD 275 lbf -2 in/min. @ 73.4 +/ 1) Tear Strength, ASTM D 5147 b. 2 deg. C MD 37.5 kN/m XD 37.5 kN/m -50 mm/min. @ 23 +/ 2) 3.6 deg. F MD 215 lbf/in XD 215 lbf/in -2 in/min. @ 73.4 +/ 1) Tensile Strength, ASTM D 5147 a. fiberglass reinforced scrim.Styrene) rubber modified roofing base sheet with dual -Butadiene-40 mil SBS (Styrene 1. Flashing Base Ply: D. 56.7 deg. C)-70 deg. F (-Flexibility (ASTM D 816) Pass @ e. Peel Strength (ASTM D 903) 17 lb./in. d. 60,000 cP -Viscosity (ASTM D 2556) 22,000 c. Density (ASTM D 1875) 8.5 lbs./gal. b. Tensile Strength (ASTM D 412) 250 psi a. Dual component, single bead (ribbon applied) urethane insulation/membrane adhesive. 3. Slope: up to 3:12 e. Flash Point ASTM D 93 400 deg. F min. (232 deg. C) d. E at 5 rpm 60,000 cPs.-Viscosity Brookfield Spindle T c. Density ASTM D 1475 12.8 lbs./gal. (1.47 g/cm3) b. Volatile Content ASTM D 4586 100%-Non a. approved membranes.-approved base sheets and Garland-roofing systems on single or multiple plies of Garlandcured polymer, white adhesive used to construct cold process -performance, moisture-High 2. Slope: up to 3:12 e. Flash Point ASTM D 93 400 deg. F min. (232 deg. C) d. E at 5 rpm 124,000 cPs.-Viscosity Brookfield Spindle T c. Density ASTM D 1475 12.3 lbs./gal. (1.47 g/cm3) b. Volatile Content ASTM D 4586 100%-Non a. requirements:Cold applied solvent free membrane adhesive: zero V.O.C. compliant performance 1. Interply Adhesive: C. 40.0% 1) Elongation at Break (%), ASTM D 751, Proc. B, Strip c. 120 lbf. min. (534 N) 1) Tear Strength ASTM D 751 b. 375 lbf. (1,668 N) 1) Breaking Strength, ASTM D 751, Proc. B, strip a. ASTM D675460 mil thermoplastic, ketone ethylene ester (KEE) roofing membrane with polyester scrim. 1. Thermoplastic/Modified Cap (Ply) Sheet: B. 40 deg. C)-40 deg. F ( -Low Temperature Flexibility, ASTM D 5147, Passes d. 2 deg. C MD 4 % XD 4 % -17.78 +/-50mm/min@ 2) 3.6 deg. F MD 4 % XD 4 % -2 in/min. @ 0 +/ 1) Elongation at Maximum Tensile, ASTM D 5147 c. 2 deg. C MD 489 N XD 444 N -50mm/min. @ 23 +/ 2) 3.6 deg. F MD 110 lbf XD 100 lbf -2 in/min. @ 73.4 +/ 1) Tear Strength, ASTM D 5147 b. 2 deg. C MD 17.5 kN/m XD 17.5 kN/m -17.78 +/-50mm/min. @ 2) 3.6 deg. F MD 100 lbf/in XD 100 lbf/in -2 in/min. @ 0 +/ 1) Tensile Strength, ASTM D 5147 a. a fiberglass scrim, performance requirements according to ASTM D 5147.Styrene) rubber modified roofing base sheet reinforced with -Butadiene-80 mil SBS (Styrene 1. Base (Ply) Sheet: A. 77 Improvements Envelope Center Rec 2024 Rochester of City 249 SECTION OF END 40.0% a) Elongation at Break (%), ASTM D 751, Proc. B, Strip 3) 120 lbf. minumum. a) Tear Strength ASTM D 751 2) 378 lbf a) Breaking Strength, ASTM D 751, Proc. B, strip 1) scrim. ASTM D 6754.60 mil thermoplastic, ketone ethylene ester (KEE) roofing membrane with polyester a. Flashing Cap (Ply) Sheet: 1. Surfacing: F. Flash Point ASTM D 93 400 deg. F min. (232 deg. C) d. Viscosity Brookfield 400,000 cPs. c. Density ASTM D 1475 11.8 lbs./gal. (1.17 g/cm3) b. Volatile Content ASTM D 4586 100%-Non a. Cold applied solvent free flashing adhesive: zero V.O.C. 2. 56.7 deg. C)-70 deg. F (-Flexibility (ASTM D 816) Pass @ e. Peel Strength (ASTM D 903) 17 lb./in. d. 60,000 cP -Viscosity (ASTM D 2556) 22,000 c. Density (ASTM D 1875) 8.5 lbs./gal. b. Tensile Strength (ASTM D 412) 250 psi a. Dual component, single bead (ribbon applied) urethane insulation/membrane adhesive. 1. Flashing Ply Adhesive: E. Performance Criteria.34 deg. C). Meets or Exceeds ASTM D 4601 Type II -30 deg. F (-Passes 1) 78 Improvements Envelope Center Rec 2024 Rochester of City 250 values. pullout fastener required and spacing; and types fastener Indicate specifications. and instructions, installation closure and sealant anchor concealed description, and material detailed s’manufacturer Include Data: Product B. submittal. to prior writing in manufacturer the by approved be must bidder successful the by recommended changes all and/or Any department. engineering s’manufacturer panel wall the by completed be must drawings Shop values. pullout fastener provide and spacing; and types fastener Indicate work. interfacing and adjacent with relationships Indicate penetrations. and termination for provisions fabrication special and flashings details, anchorage details, joining lengths, panel finishes, and thickness metal Include details. and sections elevations, in accessories and flashings with applicable) if system, roofing (and panels wall Show Drawings: Shop A. REVIEW FOR SUBMITTALS 4. Structures. Other and Buildings for Loads Design Minimum 16-7 ASCE 1. (ASCE): Engineers Civil of Society American D. edition th 5 Manual, Metal Sheet Architectural 1993 1. (SMACNA): Association National Contractors Conditioning Air and Metal Sheet C. process. Dip-Hot the by (Galvanized) Coated-Zinc Sheet, Steel for Specification 03-A653 1. (ASTM): Materials and Testing for Society American B. Members Structural Steel Formed Cold of Design the for Specification American North the of Edition 2001 1-SG02 2. (AISI): Institute Steel and Iron American A. REFERENCES 3. finished.-factory fasteners, concealed with panels wall metal formed-pre includes Section This A. SUMMARY 2. Conditions. Supplementary General including Contract, the of provisions general and Drawings B. DOCUMENTS RELATED 1. Width. Building Height, Roof Design Category, Exposure Value, Pullout Ultimate Speed, Wind Factor, Importance Category, Importance Factor, to: limited not but account, into calculations pressure specific site provide must manufacturer panel wall The Calculations: Pressure Specific Site 16-7 ASCE Calculations. Pressure Wall 16-7 ASCE specific site to according fasteners channel hat install & Provide Fasteners: Channel Hat Calculations. Pressure Wall 16-7 ASCE specific site to according channels hat install & Provide Channels: Hat manufacturer. the by required as standards installation must laps side & laps End substrate. tight & continuous a to another one to adhered completely all have shall Underlayment waterproofing. of layer additional an provide to as details roof perimeter exiting the over & up extend must Underlayment system. panel wall new the receive to area the over underlayment adhering-self continuous of layer one Install Underlayment: Continuous underlayment. continuous / panels wall the of manufacturer the to acceptable primer a using surface the prime fully must Contractor Preparation: Substrate GENERAL – 1 PART PANELS WALL 7542 NO 79 Improvements Envelope Center Rec 2024 Rochester of City 251 of performance with concerned directly representatives other and representative, s’manufacturer Owner, Architect, any), if work electrical or mechanical (including work panel wall or precede must which work associated of component each of installer of attendance Require B. work. associated and installation roofing bituminous modified of commencement scheduled weeks (2) two approximately conference installation-pre a Convene A. CONFERENCE INSTALLATION-PRE 8. inspections. such all of documentation written furnish shall and described as progress in work of inspections periodic required conduct to Representative Field s’Manufacturer the Engage E. approval. 9001-ISO as such program control quality standardized documented, a place in have shall Manufacturer Control: Quality Source D. fabrication. their in used materials raw the as well as components steel of fabrication all over control and authority have shall Manufacturer 2. Manufacturer. the of agent authorized an by form, list in components secondary of approval written s’Manufacturer submit Owner, or Architect the of request Upon 1. Manufacturer. the by writing in approved and recommended be shall required are that products Secondary manufacturer. a from panel wall the of components all Limitations: Source C. qualifications. determining in facilities fabrication inspect to right the reserves representative s’ The Responsibility. financial adequate of evidence and experience work submit shall fabricator/installer required, If B. system. specified the of installation the for certified currently is and course Contractor Approved s’Manufacturer the completed has who Installer an Engage Qualifications: Installer A. ASSURANCE QUALITY 7. systems. installed of maintenance for recommendations s’manufacturer of manual a Provide Instructions. Maintenance Panel Wall B. Submittals. Closeout Section 01 Division of Requirements with comply General: A. SUBMITTALS CLOSEOUT CONTRACT 6. content. based bio and/or content recycled containing panels wall metal all for Environment, UL prepared claims, environment of validation party third Submit Reports: Test D. below. Article Assurance Quality to Refer Installer. for Data Qualification C. specified. gauge or thickness minimum or nominal the of tolerances allowable are thicknesses steel the that certifying reports production Mill B. formed. roll factory are panels the that verifications s’Manufacturer 2. data. supporting and tests in represented as same the are project this for furnished materials the that certifying company manufacturing the of officer an from A 1. laboratory: testing independent an from reports test certified following the Provide Reports: Test and Design A. INFORMATION FOR SUBMITTALS 5. fasteners. panel of sample Submit 3. profile. panel specified outside and fit to closure foam of sample Submit 2. selected. color of sample a also and profile panel showing width panel full x long ”4 least at section, panel of sample Submit 1. project. this for specified the as grade/alloy material and panel thickness, type, material identical of be shall Samples components. and materials following the of samples size-full Provide Samples: C. 80 Improvements Envelope Center Rec 2024 Rochester of City 252 PRODUCTS – 2 PART corrected. and reported previously been have may that those than other specifications the with conflict in procedures applications no observed has manufacturer that completion after Confirm 6. attention. s’Contractor the to practices unacceptable correct to Contractor the of refusal or failure any writing in representative owners the to Report 5. inspections. site job daily Provide 4. observed. as work the of quality and progress the to as informed the Keep 3. following: the provide will manufacturer the progress, in is project the When A. INSPECTIONS S’MANUFACTURER 11. roofing. of installation to prior approved an place in is wall the by watertight made be to is or wall the penetrates which other of work that Ascertain B. system. panel wall the on directly equipment mounted-wall support not Do e. equipment. or materials with site the encumber not Do d. recommendations. s’Manufacturer with Comply operations. construction subsequent from work completed Protect c. Protection: 4. system. panel wall for requirements protection and storage and fabrication necessary with conflict or hamper not will other of work that Determine A. CONDITIONS PROJECT 10. site. project from material marred or damaged physically remove and Reject delivery. upon materials Inspect 4. weather. the from based-water and materials sensitive-moisture Protect 3. time. a at panels three than more lift never and lifting, locations two least at in panels the supporting crane, or boom a using panels wall Unload 2. off.-run moisture facilitate to end one elevate and denting and abrasion bending, twisting, prevent to materials finished-pre Stack 1. responsibilities: s’Installer B. goods. finished the with contact in coming from and dirt prevent to transit cover protective similar or tarpaulins with steel cover Fully 2. : responsibilities s’Manufacturer A. HANDLING AND STORAGE, DELIVERY, 9. days. working-non or weather for procedures notification Review 9. conference. reconvening for date set and resolved be will disagreements how determine conference, of conclusion at exist disagreements substantial If attending. party each to of copy a Furnish reached. disagreements) (or agreements and decisions including conference of discussion Record 8. requirement). mandatory not (if protection wall temporary of possibility including conditions, unfavorable for procedures and conditions weather forecasted and weather Review 7. procedures. accounting usage material and certifying testing, inspection, required Review 6. delays. avoid and progress make to needed facilities and equipment personnel, s’installer materials, of availability and work to related schedule construction finalize and Review 5. completed. be to yet and completed both submittals required Review 4. documents). contract other and specifications (drawings, requirements Review 3. others. by performed work preparatory other and penetrations substrates, of condition discuss and inspect building, of areas representative Tour 2. area. work and material for areas mobilization and up set including work, to related procedures and methods foreseeable Review 1. include: to conference of Objectives C. authorities. governing and agencies testing insurers, s’ applicable) (where including Work, the 81 Improvements Envelope Center Rec 2024 Rochester of City 253 PRODUCTS ACCESSORY 2.4. head. washer steel stainless be shall material Fastener panel match to painted head, washer Round 1 Teks ”#6x1/2 be shall fasteners Trim panel): to (trim Fasteners Trim Exposed 2. substrate. plywood for point-A or substrate metal for tapping-self drilling,-self Use Square or Phillips head, pancake substrate, for appropriate x #10 screws, steel resistant Corrosion fasteners): (Concealed fasteners Anchor 1. Fasteners: Accessories: E. select. to mesas. or grooves vee spaced equally (2) two have shall surface Panel Finish: Mechanical 6. ”1.5 Height): Leg (Concealed Depth Panel 5. ”11.75 Width: Coverage Panel 4. joints. without Length Full Length: Panel 3. fasteners. conceal which interlocking have shall Panel Configuration: 2. allowed. be not will panels Field metal. specified the from formed-roll factory be shall Panels Fabrication: 1. Characteristics: D. mill. the from shipped as be shall panels uncoated for surfaces unexposed and Exposed 3. (TDF). thickness film dry .30 - .20 with coating polyester on-baked be shall panels coated for surfaces Unexposed 2. owner. the by approved selection, standard a be shall Color q. coat. color and primer of consisting thickness, film dry mil 1.0 nominal provide shall Coating p. applicator. approved s’manufacturer by applied PVF2), fluoride, (polyvinylidene coating fluorocarbon (70% strength-full on-baked applied,-coil coat-Two o. panels: coated for surfaces Exposed 1. surfaces: on C. otherwise. indicated system, panel wall as and thickness, material, same of drawings on indicated profiles in Fabricate material: stock flat and Flashing 96.-A653 ASTM per as smooth 90,-G type Galvanized thicker, or ga. 22 material: Panel 1. Materials B. SYSTEM WALL 2.3. project. this for engineered and manufactured-pre factory be must panels metal formers; roll portable on site-job the at formed panels supply to allowed be not will Bidder Panels: Formed Site B. specification. the of section Material” Specified of Substitution #9“ to refer shall material specified the of substitutions Any required. standard a of indicative be shall it specified is standard performance or name trade particular a When Company. Garland The is panel wall metal the for specification this of basis The A. MANUFACTURERS ACCEPTABLE 2.2. acceptable. be not will manufacturer’s Multiple manufacturer. same the by provided be must panels wall metal & roofing slope low new The B. specification. the of section Material” Specified of Substitution #9 “ to refer shall material specified the of substitutions Any required. standard a of indicative be shall it specified is standard performance or name trade particular a When Company. Garland The is panel wall metal the for specification this of basis The A. GENERAL PRODUCTS, 2.1. 82 Improvements Envelope Center Rec 2024 Rochester of City 254 corners. from feet )”0-’(8 eight and maximum center on feet )”0-’(20 at expansion minimum inch (1/4) one for allow to metal sheet in Form G. rejection. for cause not therefore is and panel the of integrity structural or the not does canning Oil present. be may canning oil some surfaces, flat wide with panels gauge light In defects. physical and dents, of free and plane and line to true be shall Installed F. Manual. SMACNA of standards with accordance in install and Fabricate terminations. panel wall at conditions tight-weather provide to work metal sheet and flashing Coordinate E. data. product s’manufacturer roofing with accordance in and laps Seal D. drawings. shop on indicated extent to fasteners exposed Limit C. panels. and substrate, fastener, between corrosive prevent to required where fasteners gasketed Use coating. bituminous with metals from concrete or masonry and metal dissimilar Isolate B. tolerances. erection specified data, product s’manufacturer and drawings shop approved with accordance in flashings and panels install bidder; successful to drawings shop s’manufacturer on shows be will details All A. INSTALLATION WALL 3.3. Specification. this of 1 Part in specified as conference installation-pre a convene work, panel wall metal beginning to Prior conference: installation-Pre B. panels. metal formed-pre the of installation with proceeding substrate the in buckles or waves warp, objectionable any Correct substrate. and structure building the of placement and alignment the Examine Inspection: A. PREPARATION 3.2. ”Requirements. Execution Common“ Section 01 Division of requirements with Comply B. GENERAL EXECUTION, 3.1. EXECUTION – 3 PART standards. applicable and drawings shop approved with accordance in work metal sheet related and panels Fabricate C. sealant. joint and pop end using corners, mitered fabricated, shop Provide sections. feet )”0-’(10 ten minimum in sheet width full from components flashing Form B. flashings. of edges exposed Hem and bends uniform and straight, sharp, with work metal forming possible, extent maximum the to components flashing and panels metal fabricate Shop A. FABRICATION 5. area. substrate wall over applied be shall Underlayment 1. Underlayment B. selection. standard s’manufacturer sealant the from Architect the by selected As Colors: 2. equal. or sealant polyurethane of Tripolymer Application: Exposed e. equal. or sealant butyl -Non Application: Concealed d. product: Acceptable 5. Sealant: A. 83 Improvements Envelope Center Rec 2024 Rochester of City 255 SECTION OF END Contract. the of Conditions the of terms the under Work the correct to exercise will the hours, (4) four respond not does Contractor the If construction. leakage roof correct Immediately E. manufacturer. the from installation the of acceptance of written provide inspection, final the Following D. requirements. warranty to according and Completion Substantial of time at deterioration and damage of free is which installation an produce a to required as inspection above time at found work defective or deteriorated replace or Repair C. attendance. in party each to list of copy furnish and completion or correction requiring items all List equipment. other and curbs penetrations, of flashing and work Inspect B. system. of performance with concerned directly representatives other and representative, s’manufacturer Owner, work, associated of installer Contractor,installer, with meet work, associated and installation of completion At A. INSPECTION FINAL 3.6. jurisdiction. authorities of requirements with Comply construction. generated products waste of dispose properly and Remove A. MANAGEMENT CONSTRUCTION 3.5. methods. cleaning normal by restored be cannot than work damaged Replace B. instructions. s’manufacturer the with accordance in work installed Clean A. CLEANING 3.4. surfaces. exposed onto migrate to sealant no Allow seal. positive for components Mate surfaces. metal all over sealant Extend sealant. butyl of beads inch (1/4) one (2) two in items metal sheet set metal sheet in At H. 84 Improvements Envelope Center Rec 2024 Rochester of City 256 Mutual. Factory by Approved and Tested is furnished fastening and metal that certification Submit 3. warranty. manufacturer's roof for eligible is and roofing of component a as manufacturer roofing to acceptable is furnished metal that certification manufacturer's roof Submit 2. manufacturer. roof to acceptable are furnished fasteners metal that certification manufacturer's roof Submit 1. Certification E. metal. of and gauge type, Indicate 3. details. installation and termination's, flashing, methods, fastening details, jointing pattern, jointing profile, material Indicate drawings: Shop 2. fabrications. metal sheet other all and scuppers, fascia, gravel fabricated shop and manufactured For 1. Drawings Shop D. finish. and material surface, dissimilar vertical to junction valley, corner, internal corner, external typical illustrating size in inch 12 x 12 samples, two Submit C. type. roofing particular this metal their of use for manufacturer metal from letters approval Provide B. product. each for sheets data specification manufacturer's Provide Data: Product A. SUBMITTALS 1.4 Manual Metal Sheet Architectural SMACNA Manual Roofing - Association Contractors Roofing National NRCA Sheet Data Prevention Loss FM WI. Middleton, Inc. International, Hersey Warnock WH free-Asbestos Cement, Roof Asphalt D486 ASTM Waterproofing and Roofing in Used Felt Organic Saturated-Asphalt D226 ASTM Plate and Sheet Alloy and Aluminum B209 ASTM Process Dip-Hot the by Coated,-Alloy Zinc-Aluminum Sheet, Steel A792 ASTM Sheet Lead for Specification 201-L-QQ FS sheet steel for Specification 446-A ASTM REFERENCES 1.3 Roofing Bitumen Modified - 2075 Section 1. SECTIONS RELATED B. Conditions. Supplementary General including Contract, the of provisions general and Drawing A. SECTIONS RELATED 1.2 penetrations. and walls at Counterflashings 11. metal. edge and 10. systems covering wall Panelized 9. covers. divider area and joint Expansion 8. parapets. at cap Coping 7. coverings. flashing Base 6. stacks. vent and equipment mounted roof at Counterflashings 5. accessories. roof for Counterflashings 4. flashing. base bituminous over Counterflashings 3. trim. and scuppers, Fascia, 2. flashing. and strip Edge 1. following. the install and fabricate materials and equipment, all Provide A. requirements. SPRI-ANSI meeting keeper multiple including piece multiple a of be must 8” beyond extending areas Any 8”. is metal sheet any on face Exposed Maximum OF 1.1 GENERAL - 1 PART AND FLASHING 0760 SECTION 85 Improvements Envelope Center Rec 2024 Rochester of City 257 2-II NCAA Hardness H-HB 3363-D ASTM Pencil Fluorocarbon* Method Test Property (NCCA). Association Coaters Coil National by referred as Weathering manufacturer. coat by approved as thickness mils .25-.2 both baked primer Epoxy finish. fluorocarbon Finishes: Steel b. recommendations. Inc. Association, National Contractor's Conditioning Air and Metal Sheet Manual, Metal Sheet Architectural with accordance in specified as ga. 24 be to Aluminum of thickness or steel of gauge Minimum 1. quality. forming-lock or commercial treated, chemically length, coil by 48" to 36" components; accessory for gauge 30 / nom. 0.157 or gauge /22 nom. .0336 or gauge /26 nom. .0217 of thickness in 50,-AZ designation coating A792, ASTM coated Steel Coated alloy Zinc-Aluminum a. Materials 1. finish. coated organic baked polyester siliconized or fluoride polyvinylidene a with surface weathering the on and primer epoxy an with sides both on coated Galvanized minimum of comprised be to is Metal A. MATERIALS 2.2 request. or accept to decision of writing, in Contractor, will The approval. for considered be to product for order in to date bid the days five minimum a specified not product any submit must Contractor A. EQUIVALENT APPROVED 2.1 PRODUCTS - 2 PART staining. or discoloration cause may which materials with contact Prevent C. drainage. ensure to sheets metal Slope ventilation. provide to and abrasion, or bending, twisting, prevent to material finished-pre and formed-pre Stack B. legible. and with packages or containers unopened original, manufacturer's in materials Deliver A. HANDLING AND STORAGE, DELIVERY, 1.7 experience. years 5 with work flashing metal sheet in specializing Company Installer: and Fabricator A. QUALIFICATIONS 1.6 thereof. repairs the or leaks such by caused equipment or work other to damage any good make and develop that leaks any to required workmanship and materials all include shall Warranty building. the of acceptance final of date the from years five of a for secure and watertight be to fasteners and caulking including work metal sheet all that assuring warranty written notarized a with the provide shall Contractor The 1. Warranty Contractor's C. Owner. the to cost no at warranty, per replaced be shall material occurs If 659.-D ASTM per units 8 of excess chalking or 2244-D ASTM per units color NBS 5 than greater change color a show not shall material The integrity. film and chalking fade, covering warranty prorated-non year-20 written a require shall material metal finished-Pre 1. Warranty Manufacturer's B. 90.-1 resistance windstorm 49-1 Sheet Data Prevention Loss Mutual Factory 2. etc. expansion, for provisions anchorage, joining, of methods workmanship, for Manual SMACNA of recommendations and details with Comply 1. Standards Reference A. CONTROL QUALITY 1.5 approved. be can specified those to equivalent that so fabrication and/or ordering material to prior chart color Submit 2. recommendations. installation and characteristics material Metal 1. Data Product Manufacturer's F. 86 Improvements Envelope Center Rec 2024 Rochester of City 258 manufacturer's with accordance in systems metal sheet manufactured install and Furnish B. recommendations. manufacturer's roof with conformance general in are systems metal sheet the if determining for responsible be shall Contractor Installing A. SYSTEMS MANUFACTURED 3.4 work. fabricating to prior conditions site measure Field D. conditions. existing of acceptance installation of Beginning C. secure. and sealed, in are flashings base and termination membrane B. located. nailing and in are reglets and cant set, solidly are roof through vents or sleeves, curbs, openings, roof A. INSPECTION 3.3 secures. it metal the than heavier gauge one least at be shall continuous a with edge the at nailers wood to secured be shall copings and Metal D. applied. which to item as material same the of and provided be shall not, or indicated specifically whether installation, metal sheet of completeness the to essential items other or accessories All C. standard. highest the of is whichever recommendations manufacturer's and/or specifications wind 90-I Mutual Factory Manual, Metal Sheet Architectural SMACNA with comply shall blocking wood and walls to metal of Fastening B. contraction. and expansion for allowing distortion, or stress, fastening buckles, warps, waves, without watertight, work Install A. GENERAL 3.2 action. electrolytic stop to made specifically coating, approved other or asphalt heavy with metals dissimilar of areas contact Protect A. PROTECTION 3.1 EXECUTION – 3 PART panels wall seam “S” Ga. 24 Flashing: Wall Metal H. required. as cup caulk have shall Bar finish. mill 221,-B ASTM to conforming aluminum (minimum) 1” x ”.125 be shall Material 2. manufacturers. membrane by recommended otherwise aluminum be Shall 1. Bars: Termination G. stringent. more is whichever details, section on as or requirements 90-1 Mutual Factory to conform shall Fastening 2. metal. flashing as same fasteners exposed manufacturer. metal by recommended as fastener screw resistant Corrosion 1. Fasteners: F. paper. building sized Rosin Sheet: Slip E. felt. roofing saturated asphalt No15 D2178, ASTM Underlayment: D. drawings. on or 07900 Section in Specified Sealant: C. 4586 D ASTM Cement: Plastic B. type. chromate Zinc Primer: Metal A. MATERIALS RELATED 2.3 owner. the by selected be shall c. requirements quantity minimum to *Subject mils 1.0 mils 0.8 topcoat mils 0.2 primer 1005-D ASTM Thickness Nominal adhesion of loss or cracking no 2794-D ASTM Impact Reverse angle) °(60 5%-25+/ 523-D ASTM Gloss adhesion Adhesion of Hatch loss no 3359-D ASTM -Cross 19-II NCAA T-O 4145-D ASTM Bend 87 Improvements Envelope Center Rec 2024 Rochester of City 259 SECTION OF END Inc. Associations, National Contractor's Conditioning Air and Metal Sheet manual, Metal Sheet Architectural with comply to metal sheet Install G. edges. drip the to loose and sections the between opening the through fastened mastic, in embedded be shall plate cover The of profile the to formed plate drainage internal an by backed or plate cover a by covered be shall opening The sections. between opening ”1/4 a with formed be shall counterflashing -surface and flashing, cap system, stop gravel for F. sealant. in set and fastened adjoining with lapped be shall metal sheet for corners All E. drip. form to surfaces vertical exposed of edges Angle D. edges. exposed Hem C. practices. metal sheet recognized with accordance in forms and configurations to fabricated shop be shall work Metal B. recommendations. manufacturer's roof with conformance general in are systems metal sheet the if determining for responsible be shall Contractor Installing A. FABRICATED SHOP 3.5 etc. covers, joint scuppers, miters, extenders, to, limited not but including, accessories fabricated-factory all Provide C. instructions. printed 88 Improvements Envelope Center Rec 2024 Rochester of CITY OF ROCHESTER 260 SHEETCOVER C-1 SCOPE OF WORK PROJECT SITE ADD ALTBASE BID PROJECT SITE SCHOOL LOGO Not to Scale LOCATION MAP Not to Scale VICINITY MAP PROJECT TEAM WACONIA, MN 55387 5555 COUNTY ROAD 155HAVTEK STRUCTURAL ENGINEERING STRUCTURAL ENGINEER ROCHESTER, MN 55904 STREET SE TH 201 4CITY OF ROCHESTER OWNER Rochester, MN 5590121 Elton Hills Drive NW, 2024 BUILDING ENVELOPE IMPROVEMENTSCITY OF ROCHESTER REC CENTER Metal Details M-1 –Roof Details D-4 –Roof Details D-3 –Roof Details D-2 –Roof Details D-1 –Add Alts. Scope of Work – A-2 –Base Bid Scope of Work – A-1 –Cover Page C-1 –INDEX OF DRAWINGS BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 261 D32D32D43D35D35D35D35D11D11D16D16 O.C., install 22 gauge vertical wall panels.Install self-adhering ice and water shield, install wall panel clips 18" Wall Panels:Remove/Dispose of Existing Unit. Disconnect/ADD ALT #4:D11D11 PLANROOF A-1”.Roofing Contractor“by the Roofing contractor to add new JOSAM 21500 series drain. Plumbing New Drain:DIMENSIONS AND CORE DATA TO BE VERIFIED”.Roofing Contractor“Disconnect/Reconnect by s 8" minimum flashing height. ’Raise penetration to meet manufacturer Raise Penetration:”.Roofing Contractor“Plumbing by the ”. NOTES“Roofing contractor to replace existing drain bowl, refer to Replace Existing Drain: Replace any missing or plastic drain strainers with new cast iron strainers. 5)”.Roofing Contractor“ HVAC / Electrical disconnect and reconnect by 4)”. Roofing Contractor“plumbing disconnect / reconnect by assemblies installed. Roofing contractor to provide & install new drain bowl assembly. Interior All lead pack / Watts drain bowls must be removed & new JOSAM 21500 series bowl / strainer 3)concrete splash-blocks with 1.5" extruded polystyrene. shaped downspouts, ” W“ At any primary scupper locations install new collector heads & 2)new roof system. Remove any obsolete / dead curbs, equipment, roof penetrations. Install like deck, insulation & 1) NOTES”.Scope of Work“per the Infill deck with like kind. Roof ”. Roofing Contractor“Reconnect/Disposal by Roofing contractor to remove unit/penetration from roof. Disconnect/Remove Penetration:New area divider to be added between roof sections.Area Divider:New expansion joint to be added between roof sections.Expansion Joint:NICREFER TO A-2BASE BID”.ContractorRoofing “and lifted by the (2) Duct chases to be disconnected .NO EXPOSED FLASHINGS ALLOWED the field of the roof. All sheet metal must extend down to 8“. detailed drawings and as specified. Maximum allowable face is Install new 24ga. Prefinished sheet metal throughout the perimeter and projections as shown in the Edge Metal: G.)Install the new modified bitumen/KEE flashings as specified.Roof Flashings: E.) surface during application. fleece back KEE cap sheet in foam adhesive per specifications. Roofing Contractor to maintain a clean Install the new modified bitumen base sheet in cold application spray per specifications. Install new D.) Roof System: underlying layers. Install new recovery board set in cold adhesive per specifications. Stagger all insulation joints from Recovery Board: C.) in cold application. Crickets and saddles shall slope twice that of the field of the roof. saddles, crickets, 12'X12' drain sumps, and overflow scuppers at all primary roof drain locations Adhesive Ribbon Spacing) . Contractor to submit shop drawings for approval. Install tapered Insulation (12” in order to meet or exceed current R-value code requirements in cold adhesive Prime existing vapor barrier (refer to data sheet for application rates). Install new rigid insulation B.) New Base Insulation: Repair the existing vapor barrier as required to seal the deck and parapet walls. A.) Vapor Barrier: Scope of Work: 2)in a certified landfill. accurately bid the project. Remove the existing roof system and sheet metal down to the existing vapor barrier. Dispose of all debris all bidding contractors are responsible to field measure and verify existing core data as needed to –1) Tear Off & Preparation Sections: Pool A & BSCOPE OF WORK.NO EXPOSED FLASHINGS ALLOWED the field of the roof. All sheet metal must extend down to 8“. detailed drawings and as specified. Maximum allowable face is Install new 24ga. Prefinished sheet metal throughout the perimeter and projections as shown in the Edge Metal: G.) Install the new surfacing as specified. F.) Surfacing: Install the new modified bitumen flashings as specified.Roof Flashings: E.) Install the new modified bitumen roof system as specified. D.) Roof System: insulation joints from underlying layers. wood fiber recovery board set into solid moppings of type IV hot asphalt. Stagger all ” Install ½Recovery Board: C.) twice that of the field of the roof. sumps, and overflow scuppers at all primary roof drain locations. Crickets and saddles shall slope Contractor to submit shop drawings for approval. Install tapered saddles, crickets, 12'X12' drain Install new rigid insulation in order to meet or exceed current R-value code requirements. B.) New Base Insulation: requirements. Mop a new 2-ply felt vapor barrier in hot asphalt to the new poly iso board. Fasten 1" poly iso Board to tectum deck. Refer to wind uplift calcs for fastening A.) Vapor Barrier: Scope of Work: 2)landfill. accurately bid the project. Remove the existing roof system and sheet metal down to the deck. Dispose of all debris in a certified all bidding contractors are responsible to field measure and verify existing core data as needed to –1) Tear Off & Preparation Sections: Main Rink A-D:SCOPE OF WORK 5) ONE-PLY OF APPROVED KEE MEMBRANE CAP SHEET IN COLD APPLICATION. 4) ONE-PLY OF APPROVED MODIFIED BASE SHEET IN COLD APPLICATION.NOTES.” SCOPE OF WORK“ 3) INSTALL INSULATION PER THE NOTES.” SCOPE OF WORK“ 2) PRIME THE VAPOR BARRIER. INSTALL INSULATION PER THE 1) REPAIR EXISTING VAPOR BARRIER AS REQUIRED. SECTIONS: POOL (A & B) 4) FLOOD/GRAVEL SURFACING IN HOT ASPHALT. 3) ONE-PLY OF APPROVED MODIFIED FLASHING MEMBRANE WITH BASE FLASHING UNDERLAYMENT. 2) ONE-PLY OF APPROVED MODIFIED FIELD MEMBRANE SET IN HOT ASPHALT. 1) TWO-PLIES OF HPR GLASFELTS IN HOT ASPHALT.SECTIONS: MAIN RINK (A, B, C, & D)1. NEW ROOF SYSTEM ON AREAS IDENTIFIED ABOVE SHALL BE AS FOLLOWS:ROOF SYSTEM NOTESAlt. Rink BMain Rink CMain Rink DMain Rink BAlt. Rink APool BEntryMain Rink EGymMain Rink APool A Details XXX SSkylightRoof drainRoof CurbPlumbing stackScupper Legend SlopeSlope ChangeSlopeSlope 1" = 60'-0" DRAWING SCALE: BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 262 D32D31D31D12D12D31D31D16 gauge vertical wall panels.Install self-adhering ice and water shield, install wall panel clips 18" O.C., install 22 Wall Panels:”.Scope of Work“Infill deck with like kind. Roof per the ”. Roofing Contractor“Disposal by Roofing contractor to remove unit/penetration from roof. Disconnect/Reconnect/Remove Penetration:Dispose of Existing Unit. Disconnect/Remove/ADD ALT #5:D12D12D12D12D12D12 PLANROOF A-2 DIMENSIONS AND CORE DATA TO BE VERIFIED”.Roofing Contractor“Reconnect by s 8" minimum flashing height. Disconnect/’Raise penetration to meet manufacturer Raise Penetration:”.Roofing Contractor“the Plumbing by ”. NOTES“Roofing contractor to replace existing drain bowl, refer to Replace Existing Drain:New expansion joint to be added between roof sections.Expansion Joint:REFER TO A-2NIC2, 3ADD ALTS 1, BASE BID Alt. Rink BMain Rink CMain Rink DMain Rink BAlt. Rink APool BEntryMain Rink EGymMain Rink APool A 4) FLOOD/GRAVEL SURFACING IN HOT ASPHALT. 3) ONE-PLY OF MODIFIED FLASHING MEMBRANE WITH BASE FLASHING UNDERLAYMENT. 2) ONE-PLY OF APPROVED MODIFIED FIELD MEMBRANE SET IN HOT ASPHALT. 1) TWO-PLIES OF HPR GLASFELTS IN HOT ASPHALT.SECTIONS: ALT RINK (A & B) AND GYM1. NEW ROOF SYSTEM ON AREAS IDENTIFIED ABOVE SHALL BE AS FOLLOWS:ROOF SYSTEM NOTES the field of the roof. NO EXPOSED FLASHINGS ALLOWED.All sheet metal must extend down to 8“. detailed drawings and as specified. Maximum allowable face is Install new 24ga. Prefinished sheet metal throughout the perimeter and projections as shown in the G.) Edge Metal: Install the new surfacing as specified. F.) Surfacing: Install the new modified bitumen flashings as specified.E.) Roof Flashings: Install the new modified bitumen roof system as specified. D.) Roof System: insulation joints from underlying layers. wood fiber recovery board set into solid moppings of type IV hot asphalt. Stagger all ” Install ½C.) Recovery Board: field of the roof. scuppers at all primary roof drain locations. Crickets and saddles shall slope twice that of the drawings for approval. Install tapered saddles, crickets, 12'X12' drain sumps, and overflow Contractor to submit shop SECTION).” GYM“ NEW 1/8" TAPER INSULATION SYSTEM TO (ADD Install new rigid insulation in order to meet or exceed current R-value code requirements B.) New Base Insulation:SECTION).” GYM“ BARRIER REQUIRED FOR (NO VAPOR requirements. Mop a new 2-ply felt vapor barrier in hot asphalt to the new poly iso board. Fasten 1" poly iso Board to tectum deck. Refer to wind uplift calcs for fastening A.) Vapor Barrier:2) Scope of Work: landfill. accurately bid the project. Remove the existing roof system and sheet metal down to the deck. Dispose of all debris in a certified all bidding contractors are responsible to field measure and verify existing core data as needed to 1) Tear Off & Preparation –Sections: Gym, Alt. Rink A, Alt. Rink B SCOPE OF WORK Replace any missing or plastic drain strainers with new cast iron strainers. 5)”.Roofing Contractor“ HVAC / Electrical disconnect and reconnect by 4)”. Roofing Contractor“disconnect / reconnect by assemblies installed. Roofing contractor to provide & install new drain bowl assembly. Interior plumbing All lead pack / Watts drain bowls must be removed & new JOSAM 21500 series bowl / strainer 3)blocks with 1.5" extruded polystyrene. shaped downspouts, concrete splash-” W“ At any primary scupper locations install new collector heads & 2)system. Remove any obsolete / dead curbs, equipment, roof penetrations. Install like deck, insulation & new roof 1) NOTES rubber duct support bases to be added. New ”. Roofing Contractor“lifted by the (2) Duct chases to be disconnected and Details XXX SSkylightRoof drainRoof CurbPlumbing stackScupper Legend SlopeSlope 1" = 50'-0" DRAWING SCALE: BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 263 TO EXTEND OVER GAP (TYPICAL)SELF ADHERING VAPOR BARRIER EXTEND VRAB TO THE AIR CONTROL GAPSEAL THE VRAB BETWEEN DECK AND WALL (TYPICAL)SEAL THE VRAB 2-PLY VAPOR BARRIERGYPSUM BOARD SELF ADHERING VAPOR BARRIERwider than 8" will require two-piece metalflashings heights. Finished Perimeterssupplied to meet minimum required Wood Nailers N.T.S. Nailers to be 2-PLY VAPOR BARRIERRECOVER BOARDALL PRE-FINISHED SHEET METAL TO BASE OF CANTBASE FELTSHPR MODIFIED MEMBRANE FLASHING PLY9" MIN. \[228mm\] ON FIELDBASE FLASHING PLY 6" MIN. \[152mm\] ON FIELDFASTENERS WITH NEOPRENE WASHERSAPPROX. 8" O.C. \[203mm\]EXTEND MEMBRANE OVER BLOCKING;SET METAL IN ROOF CEMENT ANDFASTEN 8" O.C. \[203mm\]DECK (VERIFY)INSULATIONSTAGGER ALL JOINTSTO ELIMINATE STEP” IN-FILL“NAIL TO BLOCKING Gypsum Board N.T.S.WALL PANEL RETROFITD16 Concrete DeckVapor BarrierSheet Metal CounterflashingIce/Water ShieldHPR Modified Membrane Flashing Ply9" Min. On FieldTwo Felt PliesCantBase Flashing Ply 6" Min. On FieldTwo felt plies”Insert“Counter-Flashing Secured to “Sheet Metal Modified field membraneCant StripHPR Modified Membrane Flashing Ply9" Min. On FieldBase Flashing Ply 6" Min. On FieldWALL PANELSGYPSUM BOARD N.T.S.N.T.S.N.T.S.N.T.S.2-PLY VAPOR BARRIER ROOF DRAIND15 CLAMPING RING WITH NEW DRAIN BOLTSMETAL STRAINERMODIFIED FIELD MEMBEANEBase flashing underlaymentBEFORE FLASHINGMIN., PRIME TOP SURFACE MASTIC, WRAPPED DOWN 2' TWO FELT PLIES DECK CLAMPDECK (FIELD VERIFY)INSULATION BASE FLASHINGSTAGGER ALL JOINTSINSULATION2-PLY VAPOR BARRIERGYPSUM BOARDDECK (FIELD VERIFY)AREA DIVIDER/EQUIPMENT SUPPORTD14 ICE AND WATER SHIELDWOOD CANT STRIPMEMBRANEMODIFIED FIELD 8" Min.W/ NEOPRENE WASHERSFASTENERS 24' OCBASE FLASHING UNDERLAYMENT 2-PLY VAPOR BARRIER9" MIN. ON FIELDHPR MODIFIED MEMBRANE FLASHING PLYwider than 8" will require two-piece metalflashings heights. Finished Perimeterssupplied to meet minimum required Wood Nailers N.T.S. Nailers to be BASE FLASHING PLY 6" MIN.TO COVER ALL WALLS TO BASE OF CANTSHEET METAL WALL PANEL/COUNTERFLASHINGTE RMINATION BAR FASTENED 8" O.C.WITH SPLICE PLATES SET IN SEALANTFASTENERS APPROX. 12" O.C. \[610mm\]PRE-FINISHED METAL COPING CAP ICE & WATERSHIELD UNDERLAYMENTTHROUGH BUTYL TAPECAULKING ON FIELDCANT STRIPBASE FELTSCONCRETE DECKINSULATIONSEE SPECIFICATION FOR SURFACINGALL PLIES SET IN BITUMEN8" MIN.VAPOR BARRIER COPING CAP AT CONCRETE WALL –D13 GYPSUM BOARD2-PLY VAPOR BARRIER9" MIN. ON FIELDHPR MODIFIED MEMBRANE FLASHING PLYwider than 8" will require two-piece metalflashings heights. Finished Perimeterssupplied to meet minimum required Wood Nailers N.T.S. Nailers to be BASE FLASHING PLY 6" MIN.TO COVER ALL WALLS TO BASE OF CANTSHEET METAL WALL PANEL/COUNTERFLASHINGTERMINATION BAR FASTENED 8" O.C.WITH SPLICE PLATES SET IN SEALANTFASTENERS APPROX. 12" O.C. \[610mm\]PRE-FINISHED METAL COPING CAP ICE & WATERSHIELD UNDERLAYMENTTHROUGH BUTYL TAPECAULKING ON FIELDCANT STRIPBASE FELTSTECTUM DECKINSULATIONSEE SPECIFICATION FOR SURFACINGALL PLIES SET IN BITUMEN8" MIN.GYP/VAPOR BARRIER COPING CAP AT CONCRETE WALL –D12N.T.S.GYP/VAPOR BARRIER CANT EDGE AT CONCRETE WALL –D11 Detail Requirements All sheet metal counterflashings shall be 24ga. Prefinsihed (owner to select color) and must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED.5) Base flashing underlayment shall extend Min. 4" beyond the cant, mineral surfaced flashings shall extend Min. 6" beyond the cant. 4) Deck types vary between roof areas and buildings. Contractor must verify roof decks and apply details accordingly. 3) All one piece sheet metal fascia is limited to a maximum of 8". Any face metal extending beyond 8" must have two piece metal and two keeper strips. 2) be added to achieve the minimum flashing heights shown. Details shown are representative of finished details. Contractors shall take into account existing insulation, new insulation, and the new roof system. Wood blocking shall 1) DETAILS D-1 BASE FELTS BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 264 VAPOR BARRIERGYPSUM BOARDVAPOR BARRIERGYPSUM BOARDDECK (VERIFY)BASE PLIESROOF CEMENT12" MIN.\[203mm\] ON FIELDFASTEN ACCORDING TO SPECIFICATIONINSULATIONSSTAGGER ALL JOINTSBASE FLASHING PLY 8" MIN.12" MIN. \[305mm\] ON FIELD4" MIN.HPR MEMBRANEHPR MODIFIED MEMBRANE FLASHING PLYPRIME FLANGE BEFORE STRIPPINGSET LEAD FLANGE IN MASTICPLUMBING VENT STACKDOWN INTO PIPEROLL LEAD FLASHING 1" \[25mm\]12" MIN.MODIFIED FIELD MEMBRANEDECK (VERIFY)\[152mm\] ON FIELD\[203mm\]8" MIN.STAGGER ALL JOINTSWOOD NAILERNOMINAL 2" X 4"FLASHING RECEIVERCANT STRIPFASTEN ACCORDING TO SPECIFICATIONINSULATIONSBASE PLIESBASE FLASHING PLY 6" MIN.9" MIN. \[228mm\] ON FIELDHPR MODIFIED MEMBRANE FLASHING PLYCOUNTERFLASHINGUNIT MOUNTING CURBFASTENERS 8" O.C.1" MINIMUM \[25mm\]PERIMETERBE CONTINUOUS ON THETOP OF CURBBEYOND AND DOWN OVERBASE OF UNIT EXTENDS GYPSUM BOARDVAPOR BARRIERCOUNTERFLASHINGSHEET METALFASTENED 8" O.C.HPR FLASHINGMETAL EXHAUST FAN COVERINSULATIONSHPR MEMBRANEBASE PLIESSTAGGER ALL JOINTSFASTEN ACCORDING TO SPECIFICATIONFLASHING PLY 9" MIN.\[152mm\] ON FIELDBASE FLASHING PLY 6" MIN.\[228mm\] ON FIELD8" MIN.\[203mm\]DECK (VERIFY)GYPSUM BOARD2-PLY VAPOR BARRIERTECTUM DECK MODIFIED FIELD MEMBRANEICE AND WATER SHIELDNINSULATIO8" Min.45 MIL EPDM FILLED WITH BATT INSULATIONBATT INSULATIONTWO FELT PLIESWOOD CANTBASE FLASHING UNDERLAYMENT24 GA. SHEET METAL COUNTERFLASHING N.T.S.ROOF HATCHD26N.T.S.N.T.S.N.T.S.N.T.S.PLUMBING STACKD25CURB DETAILD24EXHAUST FAND23EXPANSION JOINTD22N.T.S.THROUG H-WALL SCUPPERD21 Detail Requirements All sheet metal counterflashings shall be 24ga. Prefinsihed (owner to select color) and must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED.5) Base flashing underlayment shall extend Min. 4" beyond the cant, mineral surfaced flashings shall extend Min. 6" beyond the cant. 4) Deck types vary between roof areas and buildings. Contractor must verify roof decks and apply details accordingly. 3) All one piece sheet metal fascia is limited to a maximum of 8". Any face metal extending beyond 8" must have two piece metal and two keeper strips. 2) be added to achieve the minimum flashing heights shown. Details shown are representative of finished details. Contractors shall take into account existing insulation, new insulation, and the new roof system. Wood blocking shall 1) DETAILS D-2 BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 265 VAPOR BARRIERVAPOR BARRIERVAPOR BARRIER N.T.S.KEE DRAIN DETAILD36N.T.S.N.T.S.KEE COPING CAPD35KEE THROUGH WALL SCUPPERD34 DECK (VERIFY)VAPOR BARRIERGYPSUM BOARD Plywood Sheathing” ½”Insert“Counter-Flashing Secured to “Sheet Metal Ice/Water Shield Underlayment Recover Board”Tapered Insulation“Wall Panel, Hat Channels & Insulation N.I.C.TERMINATION BAR FASTENED 8" O.C. \[203mm\]CANT STRIPHPR MODIFIED MEMBRANE FLASHING PLY9" MIN. ON FIELDBASE FLASHING PLY 6" MIN. ON FIELDTHROUGH BUTYL TAPE THROUGH BUTYL TAPE. MIN. 1.5" EMBEDMENT.COUNTERFLASHING FASTENED @ 8" O.C.2-PLY VAPOR BARRIERTECTUM DECK 9" MIN. ON FIELDHPR MODIFIED MEMBRANE FLASHING PLYBASE FLASHING PLY 6" MIN.SEALANTTERMINATION BAR FASTENED 8" O.C.THROUGH BUTYL TAPECAULKING ON FIELDCANT STRIPFELT PLIESFASTEN ACCORDING TO SPECIFICATIONDECK (VERIFY)STAGGER ALL JOINTSINSULATION8" MIN.N.T.S.N.T.S.TYPICAL KEE SYSTEMD33WALL FLASHING @ METAL WALL PANELD32N.T.S.SURFACE MOUNTED COUNTERFLASHINGD31 Detail Requirements All sheet metal counterflashings shall be 24ga. Prefinsihed (owner to select color) and must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED.5) Base flashing underlayment shall extend Min. 4" beyond the cant, mineral surfaced flashings shall extend Min. 6" beyond the cant. 4) Deck types vary between roof areas and buildings. Contractor must verify roof decks and apply details accordingly. 3) All one piece sheet metal fascia is limited to a maximum of 8". Any face metal extending beyond 8" must have two piece metal and two keeper strips. 2) be added to achieve the minimum flashing heights shown. Details shown are representative of finished details. Contractors shall take into account existing insulation, new insulation, and the new roof system. Wood blocking shall 1) DETAILS D-3 BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 266 DETAIL INTENTIONALLY LEFT BLANKDETAIL INTENTIONALLY LEFT BLANK VAPOR BARRIERVAPOR BARRIERVAPOR BARRIER N.T.S.N.T.S.N.T.S.PITCH POCKETD44KEE SURFACE MOUNTED FLASHINGD43KEE EXPANSION JOINTD42N.T.S.KEE CURB DETAILD41 Detail Requirements All sheet metal counterflashings shall be 24ga. Prefinsihed (owner to select color) and must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED.5) Base flashing underlayment shall extend Min. 4" beyond the cant, mineral surfaced flashings shall extend Min. 6" beyond the cant. 4) Deck types vary between roof areas and buildings. Contractor must verify roof decks and apply details accordingly. 3) All one piece sheet metal fascia is limited to a maximum of 8". Any face metal extending beyond 8" must have two piece metal and two keeper strips. 2) be added to achieve the minimum flashing heights shown. Details shown are representative of finished details. Contractors shall take into account existing insulation, new insulation, and the new roof system. Wood blocking shall 1) DETAILS D-4 BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena CITY OF ROCHESTER 267 DETAIL INTENTIONALLY LEFT BLANKDETAIL INTENTIONALLY LEFT BLANKDETAIL INTENTIONALLY LEFT BLANK N.T.S.N.T.S.KEE SURFACE MOUNTED FLASHINGM13KEE EXPANSION JOINTM12N.T.S.KEE CURB DETAILM11 Detail Requirements All sheet metal counterflashings shall be 24ga. Prefinsihed (owner to select color) and must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED.5) Base flashing underlayment shall extend Min. 4" beyond the cant, mineral surfaced flashings shall extend Min. 6" beyond the cant. 4) Deck types vary between roof areas and buildings. Contractor must verify roof decks and apply details accordingly. 3) All one piece sheet metal fascia is limited to a maximum of 8". Any face metal extending beyond 8" must have two piece metal and two keeper strips. 2) be added to achieve the minimum flashing heights shown. Details shown are representative of finished details. Contractors shall take into account existing insulation, new insulation, and the new roof system. Wood blocking shall 1) DETAILS M-1 BIDDINGFORAPPROVED 2-7-24#1ISSUED FOR BID NO.DATEREVISION DESCRIPTION ORIGINATING COMPANY.ANY USE NOT AUTHORIZED BY THEDISCLOSURE TO OTHERS IS PROHIBITED FORREMAINS THE PROPERTY AND ITS USE ORPROHIBITED. THE INFORMATION HEREINPERMISSION THE ORIGINATING COMPANY ISORGANIZATION WITHOUT WRITTENOR PART, BY ANY INDIVIDUAL ORREPRODUCTION OR DISTRIBUTION IN WHOLEPURPOSE, LOCATION, PUBLICATION,DOCUMENTS FOR ANY OTHER PROJECTS,DOCUMENT - ONLY. THE USE OF THESEAPPROVED BY THE ORIGINATOR OF THISIN CONFIDENCE FOR USE BY THE CLIENTSA PROPRIETARY NATURE AND IS SUBMITTEDTHE INFORMATION CONTAINED HEREIN IS OF SHEET TITLE:SHEET NO.21 Elton Hills Drive NW, Rochester, MN 55901Recreation Center & Ice Arena 268 0901-M: (651) 666 Territory Manager The Garland Company Brian Murrell Thank you, me.proposal or need our assistance on other matters, please contact If you have any questions regarding this $1,012,439.65 OTAL:T ,851.76$46 ADD ALT #3: .89$81,091 DD ALT #2:A .78$36,651 ADD ALT #1: 847,844.22$ BASE BID: Building Envelope Improvements Project2024 –Rec Center Rochester –Work Scope of for the material. low do not include shipping chargesThe prices beyear warranty. -warranty on top of the 30an additional 2 years o andreflected in prices below) (discount on material a 1% the owner receives OMNIA contractpublicly bid By electing to purchase the material via the the project. s) for’roofing contractor (Schwickertlow bid provided by the were for each portion of the project (Base Bid & Add Alts) material quantities . All contracturchasing OMNIA Partners Group & Cooperative Pdirectly from The Garland Company via the materials City of Rochester has elected to purchase the qualified performance Envelope Improvements project. The for the City of Rochester Rec Center 2024 Building required materialsthe The following prices are Rochester, MN 55904 Street SE ht 201 4 City of Rochester Woodck aZMr. Attn: 4, 202 st April 1 9336---NATIONWIDE: 1 0633-7500 • FAX: (216) 641-PHONE: (216) 641 2197-44105 OHIO CLEVELAND, • STREET 91ST. EAST 3800 Systems Flooring And Roofing Performance INC. 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noisulcni?eht?rof?tcartnoC?–?licnuoC?ytiC?:1202?,91?yluJ.devorppa?noitacilppAtnarg?stratS?llamS?)ATF(?noitartsinimdA?tisnarT?laredeF?a?fo?noissimbuS?-?licnuoC?ytiC?:0202?,71?tsuguA.devorppA?tcejorP?t isnarT?dipaR?nwotnwoD?eht?ot?hcaorppA?desahP?–?licnuoC?ytiC?:0202?,4?yaM.devorppa?gnitlusnoC?FRS?htiw?tcartnoC?-?licnuoC?ytiC?:0202?,61?hcraM.devorppa?tnempoleved?tcejorprof?tnemtimmoc?laicnanif?dna? )APL(?evitanretlA?derreferP?yllacoL?-?licnuoC?ytiC?:9102?,81?rebmevoN.weiver?latnemnorivne?dna?gnireenigne?ot?tnemtimmoclaicnanif?htiw?evA?yawdaorB?no?tisnart?dipar?gnitroppus?noituloseR?-?licnuoC?yt iC?:9102?,12?rebotc ?272??Michael?Spindler-Krage,?Deputy?City?Attorney?________________________???Approved?as?to?Form?&?Execution???Kelly?Geistler,?City?Clerk?????????Kim?Norton,?Mayor?________?___________?And?By:??____ _______________Date:______?By:?______________________Date:??CITY?OF?ROCHESTER?___________________________________?___________________________________________________?__???Title:?_____________________ _______________________?__??By:??__________________________Date:?______________?ENGINEER?__________________________________?___________________________________________________??o?be?bound.?the?partie s?have?executed?this?contract?intending?t IN?WITNESS?WHEREOF,???___December?31,?2028_______________??Expiration?Date:???April?22,?2024___________Effective?Date:??_?incorporated.?attached?and?ons?and? any?exhibits?or?other?conditions?which?are?Contract,?including?the?Special?and?General?Conditiyee,?will?perform?the?work?under?this?it?is?agreed?that?ENGINEER,?who?is?not?a?city?emplo NOW,?THEREFORE??to?perform?all?services?described?in?this?Contract?ENGINEER?represents?that?it?is?licensed?and?agrees?WHEREAS,??herein;?anded?lified?personnel?to?conduct?the?services?as?describCITY? does?not?have?available?necessary?and?/?or?qua WHEREAS,?Address:??323?South?Broadway,?Rochester,?MN?55904?ER”);??TY)?and???Kimley-Horn?and?Associates,?Inc.?(“ENGINEThis?Contract?between?the?City?of?R ochester,?MN?(CI____________________________?___________________________________________________????Job?No.:?????J?-?8707?Total?Contract?Amt:??$7,250,000?State?Aid?Project?No.:roject?No.:??Fiscal?Yea r:??2024?Fund:?Local?and?Fed?funds??????P Accounting?Information:?Services??apid?Transit?Project?–?Construction?Management?Project?Identification:???Downtown?Rochester?Link?R?PROFESSIONAL?TECHNICAL?( NONCITY?EMPLOYEE)?SERVICESCity?of?Rochester?GC-1? ?273____________________________?Project?Mgr?Responsibility_____________?jdefrang@rochestermn.gov?Email:??________________________?507)?328-2445?Phone:??__(__??Street?S.E.,?Rm?108,?Rochester,?MN?5590 4 th 201?4?Address:??__?Project?Manager?Title:??__?Joshua?DeFrang?Name:??__e:??CITY’S?Authorized?Agent,?or?Project?Manager?will?b?CITY’S?AUTHORIZED?AGENT?/?PROJECT?MANAGER ARTICLE?5??tify?CITY.??duri ng?this?Contract,?ENGINEER?must?immediately?no?If?ENGINEER’S?Authorized?Agent?changes?at?any?time____________??Responsibility:_______________________________________??Email:?_________________________ ______________________??Phone:?_________________________________________________??Address:?_____________________________________________??Title:?_________________________________________________??Nam e:???_________?________________________________?ENGINEER’S?Authorized?Agent,?or?Key?Personnel:???ENGINEER’S?PERSONNEL ARTICLE?4??TOTAL?CONTRACT?AMOUNT:?$7,250,000??Task?12?–?Construction?Safety?Offic er?–?(OP22)?$355,000??Task?11?–?Business?Access?Management??$545,000??Task?10?–?Closeout?Activities?$190,000??Task?9?–?Surveying?$575,000??esting?Services?$475,000?Task?8?–?Construction?Quality?Contr ol?and?Material?T?Task?7?–?Construction?Activities?$3,850,000??e?Activities?$385,000??Task?6?–?Pre-Bid,?Bidding?and?Pre-Construction?Phas?Task?5?–?Program?Implementation?and?Support?$300,000??Task?4? –?Construction?Project?Controls?$160,000??Task?3?–?Utility?Coordination?$235,000??Task?2?–?Constructability?Review?$130,000??Task?1?–?Project?Administration?&?Coordination?$50,000???Management?Servic es?Construction?nd?authorization:??t?amount?following?items?with?out?advanced?notice?aschedule?basis,?not?to?exceed?for?the?total?contracY?on?an?hourly,?fee?R,?as?defined?by?this?contract,?will?be?pa id?by?CITConsideration?for?all?services?performed?by?ENGINEE?CONSIDERATION?OF?PAYMENT ARTICLE?3???C.??General?Conditions:???See?Attached??h?task?in?the?Scope?of?Work.???B.??Project?Deliverables:??See ?Deliverables?in?eacuded?from?Kimley-Horn?and?Associates,?Inc.???A.??Detailed?Scope?of?Work:?See?Scope?of?Work?incl??SCOPE?OF?WORK ARTICLE?2????Expiration?Date:?December?31,?2028?Construction?Work?Co mpletion?December?1,?2026?Effective?Date:?April?22,?2024??TERM?OF?CONTRACT?ARTICLE?1??SPECIAL?CONDITIONS?GC-2? ?274 nditions?of?this?Contract.?canceled?or?modified,?in?writing,?by?the?Special?Cond?deliberately?will?remain?in?force?unless?they?are?specifically?aAny?and?all?provisions?of?these?General?Condition s?TERMS?OF?GENERAL?CONDITIONS??Minnesota.?lmsted?County,?e?or?federal?court?with?competent?jurisdiction?in?OContract,?or?breach,?will?be?in?the?applicable?stat?arising?out?of?this??set?forth?herein.? ?Venue?for?all?legal?proceedingslanguage?of?that?law?into?this?Contract?as?if?fullyorporates?the?sota?Law.??Any?citation?to?federal?or?state?law?incThis?Contract?will?be?interpreted?pursuant?to?Minne GOVERNING?LAW,?JURISDICTION,?AND?VENUE???lays,?in?writing,?within?the?terms?of?the?Contract.the?schedule?and?final?cost?associated?with?such?derity?to?adjust?eduled.?CITY’s?Authorized?Agent?will?hav e?the?authoto?believe?the?project?will?not?be?completed?as?schNEER?has?reason?notify?CITY’s?Authorized?Agent,?in?writing,?if?ENGIIt?will?be?ENGINEER’s?responsibility?to?reasonably?d?by?the?CITY’s?Age nt.?The?length?of?such?time?extension?will?be?determineontract.?e,?as?set?forth?in?the?Special?Conditions?of?this?CAuthorized?Agent?may?extend?the?Work?Completion?Dat?CITY's?ontrol,?and?upon?written? request?from?ENGINEER,?theFor?delays?encountered?that?are?beyond?ENGINEER’s?cccurs?first.?his?Contract?have?been?fulfilled,?whichever?event?oConditions,?or?until?all?obligations?set?forth?in?the?Spec ial?remain?in?effect?until?the?Expiration?Date?set?in?twhich?ever?event?occurs?later.??This?Contract?will?EER?officials,?hester?Home?Rule?Charter,?and?the?appropriate?ENGINappropriate?CITY?officials, ?pursuant?to?City?of?Rocroval?by?the?n?the?Special?Conditions,?or?upon?execution?and?appThis?Contract?will?be?effective?upon?the?date?set?i TERM?OF?CONTRACT??General?Conditions??Figure?1:?Rochester?L ink?Rapid?Transit?Route?ENGINEER?bmitted?for?payment?by?the?ITY’S?Authorized?Agent?will?certify?each?invoice?sudeliverables?are?acceptable?and?satisfactory,?the?C?If?such?services?and?pt?or?reject?EN GINEER’S?services?and?deliverables.?CITY’S?Authorized?Agent?will?have?authority?to?acce GC-3? ?275 documentation:?uthorized?Agent,?the?following?supporting?ENGINEER?must?provide,?upon?request?of?the?CITY's?Acorresponds?to?each?direct?cost.?cumentation?must?be?provided?in?a?manner?that?related ?to?the?work?of?the?ENGINEER.??Supporting?do?directly?costs?are?any?costs?that?are?not?the?salaried?costsproperly?allocable?to?the?work.??Direct?non-salary?ces?or?billing?documents?to?show?that?such? costs?arContract,?must?be?itemized?and?supported?with?invoins?of?this??this?Contract,?and?defined?in?the?Special?ConditioDirect?non-salary?costs?allocable?to?the?work?underFor?other?contracts?only:?p ayment.?w?and?st?be?sent?to?the?CITY's?Authorized?Agent?for?revieThe?original?of?each?invoice?and?progress?report?muin?any?prior?invoice.?cluded?rge?for?those?services?and?deliverables?has?been?inser vices?and?costs?are?new?and?that?no?previous?chahe?invoiced??and?ENGINEER's?original?signature?attesting?that?tbilling?address?if?different?from?business?address,ed),?:?CITY?contract?invoice?number?( sequentially?numberEach?invoice?must?contain?the?following?informationFor?lump?sum?and?other?contracts:??ed?below:?lling?period?and?must?satisfy?the?requirements?listfor?the?services?performed?and?de livered?for?the?bientify?the?cost?ached?to?this?General?Conditions.??Invoices?must?idprescribed?by?CITY.??A?sample?invoice?format?is?attmonthly?to?the?CITY's?Authorized?Agent?in?the?form?Invoices?for ?payment?must?be?submitted?by?ENGINEER?d?in?accordance?with?the?contract.?prepared?or?the?services?were?not?properly?performeoperly?es?if?they?believe?the?progress?reports?were?not?prwithin?30?days?o f?ENGINEER’s?presentation?of?invoicR?in?writing?ance?with?this?contract.??CITY?shall?notify?ENGINEEproperly?prepared,?for?services?performed?in?accordts,?INEER’s?presentation?of?invoices?and?progress ?reporPayments?will?be?made?by?CITY?within?30?days?of?ENG PROCEDURE?FOR?PAYMENT?current?"Mn/DOT?Travel?Regulations".?ed?in?the?he?same?manner?and?in?no?greater?amount?than?providreimbursed?for?travel ?and?subsistence?expenses?in?till?be?ount?defined?in?the?Special?Conditions.??ENGINEER?wperformance?of?this?Contract?must?not?exceed?the?amesult?of?ctually?and?necessarily?incurred?by?ENGINEER?as?a?r Reimbursement?for?travel?and?subsistence?expenses?awill?be?performed?at?ENGINEER's?own?risk.?parties?has?not?been?properly?approved?and?executed?by?the?performed?under?an?amendment?to?this?Contract?t hat?ny?work?fused?and?no?claim?will?be?valid?unless?so?made.??AContract.??Any?claim?made?after?this?time?may?be?reof?this?nditions?not?anticipated?by?the?Special?Conditions?observance?of?conditions.? ?Latent?conditions?are?con?or?d?in?writing?20?Calendar?days?after?such?instructioENGINEER?must?make?claim?for?any?extra?cost?incurrer?this?Contract,?ons,?or?conditions?exist?that?cause?extra?cost?und eIf?ENGINEER?claims?any?instructions,?latent?conditicompensation?for?the?extra?work.?ed?voluntary?and?ENGINEER?may?not?be?entitled?to?prior?written?amendment?signed?by?CITY,?may?be?deemhout?a?nd?that ,?which?is?provided?for?in?this?Contract?witamendment?to?the?Contract.??Any?work?performed?beyocuted,?al?Contract?Amount?without?a?written,?and?fully?execompensated?for?work?performed?in?excess?of?th e?Totay?not?be?ed?Agent?in?writing?in?a?timely?manner.??ENGINEER?mthis?Contract,?ENGINEER?must?notify?CITY’s?Authoriznditions?of??the?Total?Contract?Amount?stated?in?the?Special?CoIf?it?appears?at?an y?time?that?ENGINEER?will?exceed“Consideration?of?Payment”.?accordance?with?the?Special?Conditions,?ARTICLE?3,??be?in?s?Contract?will?be?paid?by?CITY.??Compensation?willsatisfactorily?supplied?by?ENG INEER?pursuant?to?thies?l?Conditions,?all?services?performed?and?deliverablSubject?to?the?provisions?of?the?Special?and?Genera TERMS?OF?PAYMENT??this?Contract.??set?forth?in?any?of?the?Special?Condit ions?or?General?ConditionsConditions?will?control.??Minnesota?Law?supersedes?Special?ecial?Conditions?and?these?General?Conditions,?the?To?the?extent?of?any?inconsistencies?between?the?Sp GC-4? ?276?nder?the?subcontractor?contract.?subcontractor?contract?and?prior?to?work?starting?uexecution?of?the??be?sent?to?the?CITY’s?Authorized?Agent?afterA?copy?of?any?and?all?subcontractor?contracts?mu st?Contract.??in?this?NEER?from?performing?and?delivering?the?work?statedThe?use?of?subcontractors?does?not?relieve?the?ENGIhis?Contract.??o?contain?all?appropriate?terms?and?conditions?of?tENGINEER? must?require?all?subcontractor?contracts?t SUBCONTRACTS???ces?and?deliverables?specified?in?this?Contract.?primary?responsibility?for?performance?of?the?servi?from?the?e?written?authority?will?in?no? way?relieve?ENGINEERauthorization?from?the?CITY's?Authorized?Agent.??Thritten??or?obligations?under?this?Contract?without?prior?wENGINEER?may?neither?assign?nor?transfer?any?rights ASSIGNMENT??Condit ions.?he?Special?ract?for?a?sum?not?to?exceed?that?is?set?forth?in?tservices?and/or?deliverables?described?in?this?Contete?the?ay?to?relieve?ENGINEER?from?its?obligation?to?complNothing?in?this?Contr act?must?be?construed?in?any?w?other?purposes.?s?rights?in?such?data,?to?use?the?ENGINEER?Data?fora?non-exclusive?license,?to?the?extent?of?the?CITY’ants?ENGINEER??for?claims?resulting?from?this?reus e.??The?CITY?grscope?of?this?contract,?it?shall?indemnify?ENGINEERanner?beyond?the?If?the?CITY?uses?the?ENGINEER’s?deliverables?in?a?mfulfillment?of?all?of?the?terms?of?this?Contract.??ire?the?amaged ?work?or?as?waiving?the?right?of?CITY?to?requpayments?have?been?made?or?the?restoration?of?any?dn?which?le?responsibility?for?services?and?deliverables?upomust?not?be?construed?as?relieving?ENGINEER? from?sos?provision?by?CITY?will?become?the?sole?property?of?CITY.??ThiAll?deliverables?covered?by?progress?payments?made?rules,?or?regulations.?dinances,?d?in?violation?of?federal,?state,?or?local?la ws,?orENGINEER?will?not?receive?payment?for?work?performeservices.??s?required?by?applicable?law?to?perform?ENGINEER’s?All?current?state?standards,?policies,?and?practicews,?ordinances,?rules,?and?re gulations.?All?current?applicable?federal,?state,?and?local?ladeavors?to?comply?with?the?following:?connection?with?ENGINEER’s?services?The?ENGINEER?enrwise,?in?,?expressed?or?implied,?under?this?Con tract?or?othesimilar?circumstances.?ENGINEER?makes?no?warrantiesacticing?under?ised?by?members?of?the?same?profession?currently?prwith?that?degree?of?care?and?skill?ordinarily?exerconsistent?under?th is?Contract?will?be?performed?in?a?manner?cAll?services?and?deliverables?provided?by?ENGINEER?CONDITIONS?OF?PAYMENT??forth?above.?n?as?set?ollow?the?same?form?and?contain?the?same?informatioENGINEER? must?require?subcontractors'?invoices?to?f?the?subcontractor?prevails?in?a?lawsuit.?defining?costs?the?subcontractor?must?be?awarded?if?and?EER?of?subcontractors,?penalties?for?late?payments,Section? 16A.1245,?requiring?timely?payment?by?ENGINutes?tract,?and?ENGINEER?must?comply?with?Minnesota?Statsupporting?documentation?in?any?subconsultant's?Conve?y?subcontractors,?ENGINEER?must?include?all?th e?aboIf?ENGINEER?is?authorized?by?CITY?to?use?or?uses?aniod.?llar?amount?charged?to?the?project?for?each?pay?perhourly?rate,?regular?and?overtime?hours,?and?the?dome,?must?contain?the?project?number, ?each?employee's?nagenerated?printouts?of?labor?costs?for?the?project?er?ch?employee?listing?dates?and?hours?worked.??ComputSigned?time?sheets?or?payroll?cost?breakdown?for?eace?period;?and?pay,?hour s?worked,?and?total?payment?for?each?invoil?rate?of?ing?the?name?of?the?employee,?classification,?actuaThis?must?include?a?payroll?cost?breakdown?identifyact.??rgeable?for?the?services?performed?unde r?this?ContrDirect?salary?costs?of?employees'?time?directly?cha GC-5? ?277??To?the?extent?the?services?performed?by?ENGINEER?ENGINEER),?whether?or?not?the?Project?is?completed.on?of?the?the?copyright?and?the?right?of?reuse?at?the?directiownership?and?property?interest? therein?(including?ty?of?ENGINEER..?ENGINEER?shall?retain?an?perform?ENGINEER’s?services?shall?remain?the?properly?belonging?or?licensed?to?Engineer?and?used?to?know-how?and?software?(“Engineering?Da ta”)?previouses,?rs,?proprietary?information,?processes,?methodologiD.??Notwithstanding?the?above?paragraphs,?work?pape?Contract.?Prior?to?final?payment?by?CITY?to?ENGINEER?for?thisUpon?written?notif ication?by?CITY.?f?this?Contract.?Upon?written?notice?of?completion?or?cancellation?oroject?data?must?be?relinquished?to?CITY:?work?sheets,?field?notes,?computations,?and?other?pble?copies?of??report s,?drawings?and?plans;?and?legibly?reproduciUnless?otherwise?directed?by?CITY,?the?originals?ofresulting?in?any?way?from?any?reuse?of?the?ENGINEERthe?CITY?ther?purposes.??ENGINEER?waives?all?claims?a gainst?rights?in?such?data,?to?use?the?ENGINEER?Data?for?oof?the?CITY's?he?ENGINEER?a?non-exclusive?license,?to?the?extent?the?scope?of?this?Contract.??The?City?shall?grant?tals?beyond??for?claims?re sulting?from?any?reuse?of?such?materiof?this?Contract.??The?CITY?will?indemnify?ENGINEER?cancellation?remit?all?such?materials?to?CITY?upon?completion?orare?the?exclusive?property?of?CITY.??ENGINEER? must??services?and?are?instruments?of?service?in?respect?to?ENGINEER’sperformance?of?its?obligations?under?this?Contract?he?her?documents?created?and?paid?for?by?ENGINEER?in?tAny?reports,?studies,?ph otographs,?negatives,?or?otacquired?in?accordance?with?this?Contract.?,?generated,?or?act?and?as?it?applies?to?all?data?created,?gathereddata?provided?by?CITY?in?accordance?with?this?Contres?to?all?c es?Act,?Minnesota?Statutes?Chapter?13,?as?it?appliENGINEER?must?comply?with?the?Minnesota?Data?Practi DATA?PRACTICES?AND?INTELLECTUAL?PROPERTY????laws.?in?compliance?with?all?applicable?federal?and?s tateer?this?Contract?her?rights?necessary?to?fulfill?its?obligations?undENGINEER?shall?procure?all?licenses,?permits,?or?ot TIONS?COMPLIANCE?WITH?LICENSES,?PERMITS,?AND?OTHER?REGULA?tract.?all?of?whi ch?together?shall?constitute?the?same?coninal,?but?rparts,?each?of?which?shall?be?deemed?to?be?an?origThis?Contract?may?be?executed?in?one?or?more?counte?agrees?to?be?bound?by?its?terms?and?condition s.?ENGINEER?has?read?this?Contract,?understands?it?andthe?uthorized?representative,?hereby?acknowledges?that?Contract.?ENGINEER,?by?the?signature?below?of?its?arding?this?tations,?oral?or?written,?no t?specified?herein?regaThere?are?no?understandings,?agreements?or?represen?purpose?given.???only?in?the?specific?instance?and?for?the?specificmodification?or?change,?if?made,?shall?be?effectiveaiver, ?consent,?nless?in?writing?and?signed?by?both?parties.?Such?wof?terms?of?this?Contract?shall?bind?either?party?uor?change?een?the?parties.??No?waiver,?consent,?modification?This?contract?constitutes? the?entire?agreement?betwpermitted?in?a?change?order.??Date?are?not?he?Total?Contract?Amount?or?the?Contract?Expirationidentified?in?the?Special?Conditions.??Changes?in?tof?Services?pose?of?this?Cont ract?and?within?the?general?Scope?Change?orders?must?be?consistent?with?the?basic?purh?parties.??y?and?fully?defined?in?writing,?and?approved?by?botconcurrence?of?ENGINEER.??Any?change?will?be?clearl utual?t?may?be?changed?at?the?request?of?CITY,?with?the?mThe?work?to?be?done?in?connection?with?this?Contraccompleting?the?project?under?this?Contract.??from?r?in?writing?if?ENGINEER?will?be?delayed? in?any?wayoffice.??ENGINEER?must?notify?CITY’s?Project?Manageuccessors?in?uted?and?approved?the?original?Contract,?or?their?sapproved?by?the?same?parties?and?officials?who?execand?tract.??Amendments? must?be?in?writing?and?executed?Agent?must?be?evidenced?by?an?amendment?to?this?Conorized??Contract?that?has?been?approved?by?the?CITY's?Authmade?by?ENGINEER?for?extra?work?or?costs?under?thiswritten ?claim?nd?that?are?considered?essential?to?the?work.??Any?Scope?of?Work,?entitled?“Detailed?Scope?of?Work,”?a?in?the??for?unforeseen?work?or?services?that?were?excludedAmendments?to?this?Contract?wil l?be?considered?only D?WAIVER?AMENDMENTS,?CHANGE?ORDERS,?MERGER,?COUNTERPARTS,?AN GC-6? ?278 subconsultants.?ts?riate?level?of?insurance?coverage?and?limits?from?isubconsultant.??ENGINEER?shall?determine?the?approparate?certificates?and?endorsements?for?each?The?ENGINEER?shall?be?respon sible?for?obtaining?seps?employees.?necessary?for?performed?services?by?ENGINEER?and?itand??the?Contract,?insurance?coverage?as?is?reasonable?ENGINEER?shall?procure?and?maintain?for?the?term?ofdence? of?the?following?insurance?policies:?ENGINEER?must?maintain?and?furnish?satisfactory?evi?cancellation.?hat?the?insurer?provide?the?CITY?a?30-day?notice?ofContract.??Each?policy?must?contain?a?require ment?tder?this?s?Contract?and?prior?to?commencement?of?any?work?unAuthorized?Agent?within?30?days?of?execution?of?thithe?CITY’s?ce?required?under?this?Contract?must?be?filed?with?A?certificate?of?ins urance?for?each?type?of?insuran INSURANCE??This?Article?is?hereby?deleted.?BONDS?ontract?with?ENGINEER.?be?presented?to?CITY?before?CITY?may?enter?into?a?cmust?kers’?Compensation?insurance?coverage?r equirements?176.182,?acceptable?evidence?of?compliance?with?Woresota?Statutes?gation?or?responsibility?of?CITY.??Pursuant?to?Minnservices?to?be?rendered,?will?in?no?way?be?the?oblie?work?or?yees,?or? other?person?while?so?engaged?on?any?of?thany?act?or?omission?on?the?part?of?ENGINEER's?emploequence?of?ny?and?all?claims?made?by?any?third?party?as?a?consemployees,?or?other?persons?while?so?engaged ,?and?a?of?said?he?Workers'?Compensation?Act?of?Minnesota?on?behalfof?CITY.??Any?and?all?claims?that?may?arise?under?tmployees?INEER?under?this?Contract,?will?not?be?considered?eperformance?of?any?wo rk?or?services?required?by?ENG?bcontractors,?or?other?persons?while?engaged?in?theAny?and?all?employees?of?ENGINEER,?including?its?su WORKERS'?COMPENSATION???of?this?Article?shall?survive.?terminated ?for?any?reason,?the?terms?and?conditionsif?this?Contract?is?ions,?and?duties?provided?for?in?this?Contract,?or?Survival?-?Upon?completion?of?all?services,?obligatin?proportion?to?its?own?negligence. ??each?party?igence?of?ENGINEER?and?CITY,?they?shall?be?borne?byexpenses?are?caused?by?the?joint?or?concurrent?neglamages,?or?ble?attorneys’?fees,?In?the?event?claims,?losses,?dsuch?liability,?costs, ?damages,?,?including?reasonaonsible?for?337,??to?the?extent?the??ENGINEER?and?CITY?are?respfull?effect?provided?by?Minnesota?Statutes?Chapter??pay?to?the?yees?may?hereafter?sustain,?incur?or?be?requ ired?towhich?the?Indemnified?Party,?its?officers?and?emplo?this?Contract?performance?of?professional?services?required?underwhose?negligent?acts?they?may?be?liable?for?in?the?nd?anyone?for?sing?from? the?negligent?acts?of?ENGINEER?and?CITY?aParty”),?from?any?liability,?damages,?and?costs?aridemnified?d,?indemnify,?and?hold?harmless??the?other?(“the?InStatutes?Section?466.04,?and?hereby?agrees?to? defenr?Minnesota??to?the?CITY’s?cap?on?municipal?tort?liability?undeomissions?to?the?extent?provided?by?law?and?subjectcts,?errors?and?ing?Party”)?shall?be?liable?for?its?own?negligent?aIndemnificati on?-?ENGINEER?and?CITY?(the?“IndemnifyArticle.?and?limit?such?liabilities?in?accordance?with?this?this?Contract,?CITY?and?ENGINEER?agree?to?allocate??contained?in??the?Services,?and?in?consideration? of?the?promisesbenefits?of?the?project,?and?the?ENGINEER’s?fee?forvices,?the?es?that?may?exist?during?the?performance?of?the?SerGeneral?-?Having?considered?the?potential?liabiliti LIABILITY??out?liab ility?to?ENGINEER.?ENGINEER?shall?be?done?at?CITY’s?sole?risk?and?withby?ata?without?the?written?verification?or?adaptation?any?such?reuse?or?modification?of?the?Engineering?DR?and?thout?written?veri fication?or?adaptation?by?ENGINEEextension?of?the?Project?or?on?any?other?project?wi?CITY?on?d?or?represented?to?be?suitable?for?use?or?reuse?bylimitations:??such?Engineering?Data?are?not?intendelowi ng?r?the?purposes?set?forth?herein,?subject?to?the?folirrevocable?license?to?use?such?Engineering?Data?fo?CITY?a?non-exclusive,?non-assignable,?royalty-freecontain?Engineering?Data,?ENGINEER?hereby?g rants?toGC-7? ?279 Insurance?above;?and?nal?Liability?lity?policy?limits,?with?the?exception?of?ProfessioInclude?legal?defense?fees?in?addition?to?its?liabiENGINEER?must:?ation.?ubsequent?changes?or?modifications? to?this?specificMn/DOT?Specification?1708.2?(1995?Edition)?or?any?snce?with??Railroad?Protective?Liability?Insurance?in?accordaFor?work?on?railroad?property,?ENGINEER?must?obtainrequired?under?this?C ontract.?es??omission?related?to?ENGINEER's?professional?servicfrom?any?actual?or?alleged?negligent?act,?error,?orng?GINEER?will?become?legally?obligated?to?pay?resultiThis?policy?will?provide?covera ge?for?all?claims?EN?$2,000,000?–?annual?aggregate?$1,000,000?–?per?claim?or?event?GINEER?insurance?minimum?amounts?will?be?as?followsUnless?otherwise?specified?within?this?Contract,?EN Professional?Liability?Insurance:?Name?CITY?as?an?Additional?Insured?Owned,?Hired,?and?Non-owned?uded:?In?addition,?the?following?coverages?should?be?incl?t?for?Bodily?Injury?and?Property?Damage?$1, 000,000.00?-?per?occurrence?Combined?Single?Limias?follows:?l?be?ontract,?the?ENGINEER?insurance?minimum?amounts?wilContract.??Unless?otherwise?specified?within?this?Cr?this?r?or?by?anyone?directly?o r?indirectly?employed?undesuch?operations?were?by?ENGINEER?or?by?subcontractohether?ich?may?arise?from?operations?under?this?Contract?wclaims?for?property?damage?including?loss?of?use?wh?well?as?from ?sease,?death,?and?for?care?and?loss?of?services,?asdamages?for?bodily?injury,?including?sickness?or?diER?from?claims?for??ENGINEER?will?maintain?insurance?protecting?ENGINE Commercial?Automobile?Lia bility:Name?CITY?as?an?Additional?Insured?Blanket?Contractual?Liability?Products?and?Completed?Operations?Liability?Personal?and?Advertising?Injury??Damage?Premises?and?Operations?Bodily?Injury?and?P roperty?uded:?In?addition,?the?following?coverages?should?be?incl?Operations?$2,000,000?–?annual?aggregate?–?Products/Completed?$2,000,000?–?annual?aggregate?$1,000,000.00?-?per?occurrence?ws:?GINEER ’s?insurance?minimum?amounts?will?be?as?folloUnless?otherwise?specified?within?this?Contract,?ENe?City.??primary?to?any?liability?insurance?maintained?by?thContract.??ENGINEER’s?liability?insurance?s hall?be?by?anyone?directly?or?indirectly?employed?under?thioperations?be?by?ENGINEER?or?by?a?subcontractor?or??se?from?operations?under?this?Contract?whether?suchproperty?damage?including?loss?of?use ?which?may?arifrom?claims?for?eath,?and?for?care?and?loss?of?services?as?well?as?for?bodily?injury,?including?sickness?or?disease,?dER?from?claims?for?damages??ENGINEER?will?maintain?insurance?protec ting?ENGINE Commercial?General?Liability:e?ENGINEER.?of?subcontractor’s?insurance?shall?be?filed?with?thEvidence?egate;?and?$500,000.00?bodily?injury?by?accident.??employee;?$500,000.00?bodily?injury ?by?disease?aggrse?per?ts?not?less?than?$500,000.00?bodily?injury?by?diseaincluding?Coverage?B,?Employer’s?Liability,?at?limithe?statutory?requirements?of?CITY?of?Minnesota,?anWorkers’?Compensation?i nsurance?in?accordance?with?NGINEER?will?require?the?subcontractor?to?provide?employees?and,?in?case?any?work?is?subcontracted,?Ence?for?all?ENGINEER??ENGINEER?will?provide?Workers’?Compensation?insu ra Insurance:?Workers'?Compensation GC-8? ?280?Contract.?g?of?this?ontingent?upon?or?resulting?from?the?award?of?makinbrokerage?fee,?gifts,?or?any?other?consideration,?ccentage,?yee?working?for?ENGINEER,?any?fee,?commissions,?perany?company? or?person,?other?than?a?bona?fide?emploeed?to?pay?his?Contract,?and?that?ENGINEER?has?not?paid?or?agrworking?solely?for?ENGINEER,?to?solicit?or?secure?tmployee?ned?any?company?or?person,?other?than?a ?bona?fide?eENGINEER?warrants?that?it?has?not?employed?or?retaiemployees,?without?written?consent?from?CITY.??CITY?this?Contract?in?the?employ?of?CITY,?except?retiredor?have?been?at?any?time?during?t he?time?period?of?l?who?are?t?not?employ?any?professional?or?technical?personneWithout?prior?written?consent?of?CITY,?ENGINEER?mus OFFICIALS?NOT?TO?BENEFIT??States?and?state?of?Minnesota.?f?the?Unite d??violations,?which?arise?under?the?antitrust?laws?owith?this?Contract?resulting?from?alleged?antitrustn?connection?rcharges?as?to?services?and?deliverables?provided?iENGINEER?assigns?to?CITY?any?an d?all?claims?for?ove ANTITRUST??a?calendar?day?of?24?hours.?For?purposes?of?this?Contract?the?term?“day”?means?perform.?as?possible?to?the?other?party?of?its?inability?to?notice?as?soon?riers,?provid ed?the?defaulting?party?gives?written?weather,?or?delays?or?defaults?caused?by?public?carly?severe?lood,?epidemic,?strikes,?wars,?acts?of?God,?unusualbeen?taken?to?prevent?the?delay?or?failure:?fire, ?fd?have?been?reasonably?foreseen?and?reasonable?action?coulfollowing,?unless?the?act?or?occurrence?could?have?ue?to?any?of?the??failure?to?perform?when?such?delay?or?failure?is?dNeither?party?will?b e?held?responsible?for?delay?orshall?be?adjusted?equitably.?ER’s?services?r?of?the?Project;?the?time?of?performance?of?ENGINErequested?changes?in?the?scope,?extent,?or?characteY?has?in?shall?be?subje ct?to?equitable?adjustment.?If?CITrates?and?amounts?of?compensation?provided?for?hereINEER,?the?f?time?or?dates?are?changed?through?no?fault?of?ENGto?be?completed?are?provided,?and?if?such?periods?o? which?services?are?ndering?services?are?set?forth?or?specific?dates?byIf?in?this?Contract?specific?periods?of?time?for?red?services.?may?reasonably?be?require?for?the?completion?of?sair?a?period?whic h??obligation?to?render?services?hereunder?will?be?foservices?are?specified?in?this?Contract,?ENGINEER’ss?for?providing?n.?Unless?specific?periods?of?time?or?specific?datecontinuous?progress?of?the?P roject?though?completioderly?and?tract?have?been?agreed?to?in?anticipation?of?the?orENGINEER’s?services?and?compensation?under?this?Coney?are?suitable?for?their?intended?purpose.?to?CITY?by?ENGINEER? must?be?of?such?quality?that?th?provided??the?part?of?ENGINEER.?The?services?or?deliverablescompensation?resulting?from?errors?and?omissions?onions?without??Contract?and?must?make?timely?revisions?or ?correctresponsible?for?the?accuracy?of?its?work?under?thisNEER?will?be?t?services?or?deliverables?that?are?defective.?ENGICITY?will?have?the?authority?to?disapprove?or?rejec DELIVERABLE?STANDARDS??r equested.?y?be?ll?be?open?to?inspection,?and?copies?of?policies?maCITY's?Authorized?Agent,?all?insurance?policies?shast?by?the?egal?remedies?against?ENGINEER.??Upon?written?requerequirements?and?reta ins?all?rights?to?pursue?any?l?insurance??Contract?if?ENGINEER?is?not?in?compliance?with?theCITY?reserves?the?right?to?immediately?rescind?this?having?an?"AM?BEST"?rating?of?A-VIII?or?better.?Obtain? insurance?policies?from?an?insurance?company GC-9? ?281 compensatory?damages.?ights?to?and?claims?for?monetary?awards?other?than?Olmsted?County,?Minnesota.??The?parties?waive?all?renued?in?arty.??The?legal?or?equitable?proceedings?must?be?vof?legal?o r?equitable?proceedings?filed?by?either?p?the?subject?roversy?or?dispute?not?resolved?by?mediation?may?beAct,?Minn.?Stat.?572.31,?et.,?seq.??Any?claim,?contMediation?nesota,?and?in?accordance?with?th e?Minnesota?Civil?mediation?shall?be?conducted?in?Olmsted?County,?Miny.??The?on?of?legal?or?equitable?proceedings?by?either?partmediation?as?a?condition?precedent?to?the?institutiis?Agreement?shall?b e?subject?to?non-binding?Any?claim,?controversy?or?dispute?arising?out?of?thMediation.DISPUTE?RESOLUTION?ys?to?the?ENGINEER.?attention?to?these?corrections?to?minimize?any?delaimmediate?s?and/or?omis sions?within?reasonable?time?and?give?ENGINEER?must?respond?to?CITY's?notice?of?any?errorting?therefrom.?omissions,?or?of?liability?for?loss?or?damage?resulcts,?errors,?or?y?for?subsequent?correction ?of?any?such?negligent?aCITY?will?not?relieve?ENGINEER?of?the?responsibilite?work?by?ors,?omissions?or?negligent?acts.??Acceptance?of?thany?loss?or?cost?to?repair?or?remedy?ENGINEER's?errissions?and? for?ed?as?a?result?of?its?negligent?acts,?errors,?or?omENGINEER?will?be?responsible?for?any?damages?incurrCITY.?without?undue?delay?and?without?additional?cost?to?omissions?essary?to?correct?these?ne gligent?acts,?errors,?or?promptly?perform?such?additional?work?as?may?be?necNEER?must?y?require?any?additional?field?or?office?work,?ENGIany?phase?of??its?work,?the?corrections?of?which?maions?made?i n?ER?is?aware?of?any?negligent?acts,?errors,?or?omissand?without?additional?cost?to?CITY.??If?the?ENGINE?undue?delay??these?negligent?acts,?errors,?or?omissions?withoutsuch?additional?work?as?may?be? necessary?to?corrected?to?perform?ill?be?promptly?notified?by?CITY?and?will?be?requirrequire?additional?field?or?office?work,?ENGINEER?wof?which?may??ENGINEER?in?any?phase?of?the?work,?the?correction ?If?negligent?acts,?errors,?or?omissions?are?made?bybe?minimal?delay?to?the?project.?ere?will?ust?give?immediate?attention?to?these?changes?so?thalready?have?been?received?by?ENGINEER.??ENGINEER?mut? added?compensation,?even?though?final?payment?maneeded?to?correct?the?errors?and/or?omissions?withoata?NEER.??ENGINEER?must?prepare?any?and?all?plans?or?dto?correct?any?errors?and/or?omissions?made?b y?ENGIand/or?he?purpose?of?interpreting?the?information?secured?ENGINEER?must?confer?with?CITY?when?necessary?for?tINEER,?k?performed?by?others?based?on?data?provided?by?ENGAt?any?time?during?constru ction?or?any?phase?of?woriguities.?errors?or?omissions?or?for?clarification?of?any?ambon?of?any?INEER?of?the?responsibility?for?subsequent?correctiAcceptance?of?the?work?by?CITY?will?not?relieve?ENGt ion.??s,?errors,?or?omissions?without?additional?compensacorrections?resulting?from?ENGINEER's?negligent?acts?work?and?must?promptly?make?necessary?revisions?oENGINEER?will?be?responsible?for?the?acc uracy?of?it ERRORS?OR?OMISSIONS??services,?expenses?and?charges.?ENGINEER?has?been?paid?in?full?all?amounts?due?for?roject?deliverables?due?under?this?Contract?until?whatsoever?to?CITY,?suspend?servi ces?and?withhold?pght?against?CITY?and?without?incurring?liability?notice?to?CITY,?and?without?waiving?any?claim?or?ri?oice,?ENGINEER?may,?after?giving?seven?days?writtenwithin?thirty?days?after?the? date?of?ENGINEER’s?inves?ER?for?services?satisfactorily?performed?and?expensC.??If?City?fails?to?make?any?payment?due?to?ENGINE by?ENGINEER?after?such?notice?of?cancellation.?rables?provided?not?be?o bligated?to?pay?for?any?services?and?delivethe?address?specified?in?this?Contract.??CITY?will?o?ENGINEER?at?lation?delivered?in?person,?by?mail,?or?facsimile?tdays,?at?CITY's?option,?by?written?notic e?of?cancelthin?30??contained?herein,?this?Contract?may?be?canceled?wifor?the?purchasing?of?the?services?and?deliverablesent?to?allow?,?or?funding?cannot?be?continued?at?a?level?sufficiIn?the?event?C ITY?cannot?or?does?not?obtain?fundingelivered.??basis,?for?services?and?deliverables?performed?or?dro?rata?GINEER?will?be?entitled?to?payment,?determined?on?pthe?ENGINEER.??In?the?event?of?such?cance llation?EN?notice?to?s,?at?any?time,?with?or?without?cause,?upon?writtenThis?Contract?may?be?canceled?by?CITY?within?30?day CANCELLATION?GC-10? ?282????????ract.?the?award?and?performance?of?this?DOT?assisted?conteteran’s?status?in?race,?color,?national?origin,?sex,?disability,?or?vContractors?shall?not?discriminate?on?the?basis?of?49?CFR?Pa rt?23?to?compete?for?and?perform?contractsnecessary?and?responsible?steps?in?accordance?with?ll?take?all?this?contract.??In?this?regard,?all?contractors?shawhole?or?in?part?with?Federal?funds?provide d?under?ed?in?he?performance?of?contracts?and?subcontracts?financ23?have?the?maximum?opportunity?to?participate?in?t9?CFR?Part??that?minority?business?enterprises?as?defined?in?4DBE?Obligation.??The? subconsultant?agrees?to?ensurerements.)??subconsultant?hereby?agrees?to?abide?by?these?requict?and?the?requirements?of?49?CFR?Part?23?apply?to?this?contrafunds?under?this?contract.??(Consequently,?th e?MBE?ederal?ce?of?contracts?financed?in?whole?or?in?part?with?Fmaximum?opportunity?to?participate?in?the?performanhall?have?the?business?enterprises?as?defined?in?49?CFR?Part?23?sPolicy.??It?is?the? policy?of?the?DOT?that?minority?ract,?in?whole?or?in?part.?Cancellation,?termination?or?suspension?of?the?contor,??the?contract?until?the?subconsultant?complies,?and/Withholding?of?payments?to?the?su bconsultant?under?including,?but?not?limited?to:?ppropriate,?such?contract?sanctions?as?it?may?determine?to?be?aprovisions?of?this?contract,?the?CITY?shall?impose?ation?ubconsultant’s?noncompliance?w ith?the?non-discriminSanctions?for?Noncompliance.??In?the?event?of?the?sain?the?information.??and?shall?set?forth?what?efforts?it?has?made?to?obtas?appropriate,?l?so?certify?to?the?ENGINEER,?sponsor, ?or?the?FAA,?to?furnish?this?information,?the?subconsultant?shals?or?refuses??is?in?the?exclusive?possession?of?another?who?failWhere?any?information?required?of?the?subconsultantctions.??ompliance?w ith?such?regulations,?orders,?and?instruAdministration?(FAA)?to?be?pertinent?to?ascertain?c?d?by?the?ENGINEER,?sponsor,?or?the?Federal?Aviationinformation,?and?its?facilities?as?may?be?determineource s?of?mit?access?to?its?books,?records,?accounts,?other?sor?directives?issued?pursuant?thereto?and?shall?perRegulations?rovide?all?information?and?reports?required?by?the?Information?and?Reports.??The ?subconsultant?shall?pnal?origin,?sex,?disabilities?or?veteran’s?status.?discrimination?on?the?grounds?of?race,?color,?natioive?to?non-tions?under?this?contract?and?the?Regulations?relatnotified?by?t he?ENGINEER?of?the?contractor’s?obligaall?be?ipment,?each?potential?subcontractor?or?supplier?shincluding?procurement?of?materials?or?leases?of?equact,?onsultant?for?work?to?be?performed?under?a?subc ontrcompetitive?bidding?or?negotiation?made?by?the?subcs?either?by?nt?of?materials?and?equipment.??In?all?solicitationSolicitations?for?Subcontracts,?including?procuremethe?Regulations.?ix?B?of?n?the ?contract?covers?a?program?set?forth?in?Appendthe?Regulations,?including?employment?practices?wheSection?21.5?of??or?indirectly?in?the?discrimination?prohibited?by?subconsultant?shall?not?participate ?either?directlyt.??The?ing?procurement?of?materials?and?leases?of?equipmenretention?of?subconsultants,?subcontractors,?includ?the?selection?and?l?origin,?sex,?disabilities,?or?veteran’s?status?indis criminate?on?the?grounds?of?race,?color,?nationashall?not??to?the?work?performed?by?it?during?this?contract,?Non-discrimination.??The?subconsultant,?with?regarderence?and?made?part?of?this?contract.? “Regulations”,?which?are?herein?incorporated?by?refded?from?time?to?time?hereinafter?referred?to?as?thof?Federal?Regulations,?Part?2,?as?they?may?be?amenle?49,?Code?ansportation,?hereinafter?referred ?to?as?“DOT”,?TitFederally?assisted?programs?of?the?Department?of?Trnation?in?ll?comply?with?Regulations?relative?to?non-discrimiCompliance?with?Regulations.??The?subconsultant?shahe?following?additi onal?conditions?apply:?If?Federal?Funds?are?involved?with?this?Contract,?t FEDERAL?CLAUSES??GC-11? ?283????????????????????????????????????????????????????GC-12? ?284?access?to?d?States?or?any?of?their?authorized?representativesAdministrator,?the?Comptroller?General?of?the?Unite?FTA?the?Contractor?agrees?to?provide?the?Purchaser,?theRecipient?in?accordance?wi th?49?C.?F.?R.?18.36(i),?of?the?FTA?overnment?and?is?the?FTA?Recipient?or?a?subgrantee?1.?Where?the?Purchaser?is?not?a?State?but?a?local?g49?CFR?633.17?18?CFR?18.36?(i)?49?U.S.C.?5325??ACCESS?TO?RECO RDS?AND?REPORTS ions.?the?subcontractor?who?will?be?subject?to?the?provist?to?identify?greed?that?the?clauses?shall?not?be?modified,?excepFederal?assistance?provided?by?FTA.?It?is?further?a?part?with ?clauses?in?each?subcontract?financed?in?whole?or?in(3)?The?Contractor?agrees?to?include?the?above?two?t?deems?appropriate.?the?Contractor,?to?the?extent?the?Federal?Governmen07(n)(l)?on?he?penalties ?of?18?U.S.C.?§?1001?and?49?U.S.C.?§?535307,?the?Government?reserves?the?right?to?impose?tof?49?U.S.C.?§?ance?originally?awarded?by?FTA?under?the?authority?is?financed?in?whole?or?in?part?with?Federa l?assistoject?that?ral?Government?under?a?contract?connected?with?a?prstatement,?submission,?or?certification?to?the?Federaudulent?claim,?es,?or?causes?to?be?made,?a?false,?fictitious,?or?f(2)?The?Co ntractor?also?acknowledges?that?if?it?makappropriate.?tractor?to?the?extent?the?Federal?Government?deems?Program?Fraud?Civil?Remedies?Act?of?1986?on?the?Con?penalties?of?the?Federal?Government?reserv es?the?right?to?impose?thefication,?the?r?fraudulent?claim,?statement,?submission,?or?certimakes,?or?causes?to?be?made,?a?false,?fictitious,?othat?if?it?be?applicable,?the?Contractor?further?acknowle dges?performed.?In?addition?to?other?penalties?that?may?s?being?FTA?assisted?project?for?which?this?contract?work?imade,?pertaining?to?the?underlying?contract?or?the?s?to?be?tement?it?has?made,?it?ma kes,?it?may?make,?or?causeor?affirms?the?truthfulness?and?accuracy?of?any?stactor?certifies?on?execution?of?the?underlying?contract,?the?Contraapply?to?its?actions?pertaining?to?this?Project.?Upart?3 1,?ations,?"Program?Fraud?Civil?Remedies,"?49?C.F.R.?Pamended,?31U.S.C.?§?3801?et?seg.?and?U.S.?DOT?regul?of?the?Program?Fraud?Civil?Remedies?Act?of?1986,?a(1)?The?Contractor?acknowledges?that?the?pr ovisions 49?U.S.C.?5307?49?CFR?Part?3118?U.S.C.?1001?31U.S.C.?3801?etseq.?D?RELATED?ACTS?PROGRAM?FRAUD?AND?FALSE?OR?FRAUDULENT?STATEMENTS?AN ions.?the?subcontractor?who?will?be?subject?to?its?provis? to?identify?greed?that?the?clause?shall?not?be?modified,?exceptFederal?assistance?provided?by?FTA.?It?is?further?a?with?se?in?each?subcontract?financed?in?whole?or?in?part(2)?The?Contractor?agrees?to ?include?the?above?claurom?the?underlying?contract,??that?contract)?pertaining?to?any?matter?resulting?f?not?a?party?to?rchaser,?Contractor,?or?any?other?party?(whether?orsubject?to?any?obligations?o r?liabilities?to?the?Put?be?rnment?is?not?a?party?to?this?contract?and?shall?noconsent?by?the?Federal?Government,?the?Federal?Govewritten?ard?of?the?underlying?contract,?absent?the?express?Government ?in?or?approval?of?the?solicitation?or?awderal?ree?that,?notwithstanding?any?concurrence?by?the?Fe(1)?The?Purchaser?and?Contractor?acknowledge?and?ag NO?GOVERNMENT?OBLIGATION?TO?THIRD?PARTIES??PROFES SIONAL?SERVICES?FTA?STANDARD?CLAUSES?ATTACHMENT?A?GC-13? ?285 a?material?breach?of?this?contract.?Contractor's?failure?to?so?comply?shall?constitute?tract.?gated?from?time?to?time?during?the?term?of?this?conPurchaser?and?FTA,?as?they?may?be?amended?or?prom ul?between?ed?directly?or?by?reference?in?the?Master?Agreementdirectives,?including?without?limitation?those?listprocedures?and?ply?with?all?applicable?FTA?regulations,?policies,?Federal?Changes?-?Co ntractor?shall?at?all?times?com 49?CFR?Part?18?FEDERAL?CHANGES?irements?in?subcontracts.?7.?FTA?does?not?require?the?inclusion?of?these?requReference?49?CFR?18.39(i)(ll).?d?thereto.?ch?litigation,?ap peals,?claims?or?exceptions?relateauthorized?representatives,?have?disposed?of?all?suduly?istrator,?the?Comptroller?General,?or?any?of?their?to?maintain?same?until?the?Purchaser,?the?FTA?Admintractor ?agrees?the?performance?of?this?contract,?in?which?case?Conof?litigation?or?settlement?of?claims?arising?from?pt?in?the?event?of?termination?or?expiration?of?this?contract,?exceperiod?of?not?less?tha n?three?years?after?the?date?ract?for?a?ords,?accounts?and?reports?required?under?this?cont6.?The?Contractor?agrees?to?maintain?all?books,?recexcerpts?and?transcriptions?as?reasonably?needed.?r?to?co py?oing?parties?to?reproduce?by?any?means?whatsoever?o5.?The?Contractor?agrees?to?permit?any?of?the?foreging?an?audit?and?inspection.?employee?of?any?of?them?for?the?purposes?of?conductComptroller?Ge neral?or?any?authorized?officer?or?Purchaser,?the?Secretary?of?Transportation?and?the??the?l?make?available?records?related?to?the?contract?toother?than?competitive?bidding,?the?Contractor?shala)!)?t hrough??project?or?improvement?(defined?at?49?U.S.C.?5302(U.S.C.?5325(a)?enters?into?a?contract?for?a?capitalith?49?r?a?subgrantee?of?the?FTA?Recipient?in?accordance?w4.?Where?any?Purchaser?which?is? the?FTA?Recipient?oexaminations,?excerpts?and?transcriptions.?s?of?making?audits,?directly?pertinent?to?this?contract?for?the?purposeich?are?,?documents,?papers?and?record?of?the?Contractor?whauthori zed?representatives?with?access?to?any?books?duly?roller?General?of?the?United?States?or?any?of?theirprovide?the?Purchaser,?FTA?Administrator,?the?Comptrees?to?ent?in?accordance?with?49?C.F.R.19.48,C ontractor?agthe?FTA?Recipient?or?a?subgrantee?of?the?FTA?Recipization?and?is?er?education,?a?hospital?or?other?non-profit?organiacquisition?threshold?and?is?an?institution?of?highsimplified?tract?for ?other?than?a?small?purchase?or?under?the?3.?Where?the?Purchaser?enters?into?a?negotiated?con$100,000.?hreshold?currently?set?at?contracts?of?less?than?the?simplified?acquisition?t?excludes?309?or?53 11.?By?definition,?a?major?capital?projectthrough?the?programs?described?at?49?U.S.C.?5307,?5cial?assistance?9?U.S.C.?5302(a)l,?which?is?receiving?federal?finanpertaining?to?a?major?capital?project,? defined?at?4es?ss?to?the?Contractor's?records?and?construction?sitrepresentatives,?including?any?PMO?Contractor,?accezed?the?Purchaser,?the?FTA?Administrator?or?his?authoriwith?49?C.F.R.?633.17,Contr actor?agrees?to?provide?ordance?cipient?or?a?subgrantee?of?the?FTA?Recipient?in?acc2.?Where?the?Purchaser?is?a?State?and?is?the?FTA?Re5311.?5307,?5309?or?stance?through?the?programs?described?at?49?U .S.C.?5302(a)l,?which?is?receiving?federal?financial?assit?49?U.S.C.?es?pertaining?to?a?major?capital?project,?defined?aaccess?to?Contractor's?records?and?construction?sittor?uthorized?representative s?including?any?PMO?ContracR.?633.17?to?provide?the?FTA?Administrator?or?his?a?to?49?C.?F.?nd?transcriptions.?Contractor?also?agrees,?pursuantpurposes?of?making?audits,?examinations,?excerpts?act?for ?the?tractor?which?are?directly?pertinent?to?this?contraany?books,?documents,?papers?and?records?of?the?Con GC-14? ?286 nly?if?necessary?to?identify?the?affected?parties.?with?Federal?assistance?provided?by?FTA,?modified?oin?part?uirements?in?each?subcontract?financed?in?whole?or?(3)?The?Contractor?also?agrees?to ?include?these?reqssue.?comply?with?any?implementing?requirements?FTA?may?ir?agrees?to?rsons?with?disabilities.?In?addition,?the?Contracto29?C.F.R.?Part?1630,?pertaining?to?employment?of?pees?Act,"?l oyment?Provisions?of?the?Americans?with?DisabilitiCommission,?"Regulations?to?Implement?the?Equal?Empunity?th?the?requirements?of?U.S.?Equal?Employment?Opport12112,?the?Contractor?agrees?that?it?will ?comply?wi42?U.S.C.?§?f?the?Americans?with?Disabilities?Act,?as?amended,?(c)?Disabilities?-?In?accordance?with?section?102?oany?implementing?requirements?FTA?may?issue.?ply?with?n?of?age.?In?addition ,?the?Contractor?agrees?to?comagainst?present?and?prospective?employees?for?reasorimination??§?5332,?the?Contractor?agrees?to?refrain?from?discU.S.C.?§?§?623?and?Federal?transit?law?at?49?U.S.C.,?29? iscrimination?in?Employment?Act?of?1967,?as?amended(b)?Age?-?In?accordance?with?section?4?of?the?Age?Drequirements?FTA?may?issue.??e?Contractor?agrees?to?comply?with?any?implementingtraining,?includi ng?apprenticeship.?In?addition,?thtion?for?es?of?pay?or?other?forms?of?compensation;?and?selecrecruitment?advertising,?layoff?or?termination;?ratuitment?or?:?employment,?upgrading,?demotion?or?transf er,?recrshall?include,?but?not?be?limited?to,?the?followinguch?action?race,?color,?creed,?national?origin,?sex,?or?age.?Streated?during?employment,?without?regard?to?their?oyees?are??ensure?that?appl icants?are?employed,?and?that?emplThe?Contractor?agrees?to?take?affirmative?action?to?the?Project.?construction?activities?undertaken?In?the?course?ofand?Federal?policies?that?may?in?the?future?affec t?ulations,??applicable?Federal?statutes,?executive?orders,?regOpportunity,"?42?U.S.C.?§?2000e?note),?and?with?anycutive?Order?11246?Relating?to?Equal?Employment?amended?by?Executive?Order?No.?11375, ?"Amending?Exe"?as?ive?Order?No,?11246,?"Equal?Employment?Opportunity,41?C.F.R,?Parts?60?et?seq.,?(which?implement?Executent?Opportunity,?Department?of?Labor,"?Federal?Contract?Compliance?Programs,?E qual?Employmof?epartment?of?Labor?(U.S.?DOL)?regulations,?"Office?equal?employment?opportunity?requirements?of?U.S.?D?applicable?C.?§?5332,?the?Contractor?agrees?to?comply?with?allU.S.C.?§?2000e,?and ?Federal?transit?laws?at?49?U.S.s?amended,?42?ccordance?with?Title?VII?of?the?Civil?Rights?Act,?a(a)?Race,?Color,?Creed.?National?Origin,?Sex?-?In?aunderlying?contract:?ual?employment?opportunity?req uirements?apply?to?th(2)?Equal?Employment?Opportunity?-?The?following?eq?may?issue.?regulations?and?other?implementing?requirements?FTAimplementing?ontractor?agrees?to?comply?with?applicable?Federal? origin,?sex,?age,?or?disability.?In?addition,?the?Cd,?national?plicant?for?employment?because?of?race,?color,?creeit?will?not?discriminate?against?any?employee?or?apor?agrees?that?deral?transit?law?a t?49?U.S.C.?§?5332,?the?ContractDisabilities?Act?of?1990,?42?U.S.C.?§?12132,?and?Fewith?ed,?42?U.S.C.?§?6102,?section?202?of?the?Americans?303?of?the?Age?Discrimination?Act?of?1975,?as?amend000d,?sec tion??of?the?Civil?Rights?Act,?as?amended,?42?U.S.C.?§?2(1)?Nondiscrimination?-?In?accordance?with?Title?VIng?contract:??-?The?following?requirements?apply?to?the?underlyi Civil?Rights29?CFR?Part?163 0,?41CFR?Parts?60?et?seq.?42?U.S.C.?§?12132,?49?U.S.C.?§?5332?42?U.S.C.?§?6102,?42?U.S.C.?§?12112?29?U.S.C.?§?623,?42?U.S.C.?§?2000?CIVIL?RIGHTS?REQUIREMENTS?GC-15? ?287 and?Conservation?Act.?rgy?Policy?conservation?plan?issued?in?compliance?with?the?Eneefficiency?which?are?contained?in?the?state?energy?o?energy?ly?with?mandatory?standards?and?policies?relating? tEnergy?Conservation?-?The?contractor?agrees?to?comp?49?CFR?Part?1842?U.S.C.?6321?et?seq.??ENERGY?CONSERVATION?REQUIREMENTS?the?FTA?terms?and?conditions.?would?cause?(name?of?grantee)?to?be?in?violat ion?ofuests?which??or?refuse?to?comply?with?any?(name?of?grantee)?reqshall?not?perform?any?act,?fail?to?perform?any?act,ntractor?ther?provisions?contained?in?this?Agreement.?The?Codeemed?to?control?i n?the?event?of?a?conflict?with?oll?be??herein?notwithstanding,?all?FTA?mandated?terms?shaincorporated?by?reference.?Anything?to?the?contraryby?DOT,?as?set?forth?in?FTA?Circular?4220.1E,?are?hereprovi sions.?All?contractual?provisions?required?by?tract?her?or?not?expressly?set?forth?in?the?preceding?conStandard?Terms?and?Conditions?required?by?DOT,?whett,?certain?A)?Terms?-?The?preceding?provision s?include,?in?parIncorporation?of?Federal?Transit?Administration?(FT FTA?Circular?4220.IE?A)?TERMS?INCORPORATION?OF?FEDERAL?TRANSIT?ADMINISTRATION?(FT E?provisions?of?this?Contract.?finding?the?Contr actor?in?noncompliance?with?the?DBester?t?payment?provisions?may?result?in?the?City?of?RochFailure?to?comply?with?the?provisions?of?this?promp?performed.?subcontractors?are?promptly?paid?for?work?the y?haveat?tractors?unless?and?until?the?Contractor?ensures?thwill?not?be?reimbursed?for?work?performed?by?subconractor?on?mechanisms?to?resolve?payment?disputes.?The?Contthe?use?of?appropriate?alterna tive?dispute?resolutision?requiring?actor?agrees?to?include?in?all?subcontracts?a?proviwritten?consent?of?the?City?of?Rochester.?The?Contr?subcontractors?without?good?cause?and?without?priornot?postp one?or?delay?any?undisputed?payments?owed?ractor?shall?t?of?retainage?from?the?City?of?Rochester.?The?Contcalendar?days?of?the?Contractor’s?receipt?of?paymenirty?(30)?ractors?all?undisputed?retainage ?payments?within?thsubcontractor.?The?Contractor?agrees?to?pay?subcontchester?for?undisputed?services?provided?by?the?Contractor’s?receipt?of?payment?from?the?City?of?Robcontractors?within?thirty?(30 )?calendar?days?of?th(3)?Prompt?Payment:?The?Contractor?agrees?to?pay?suh?the?bid.?must?be?submitted?with?supporting?documentation?witpackage?and?avit?of?DBE?participation?is?provided?with?the?bid?Th is?project?includes?a?DBE?goal?of?4.00%.?An?affidcts.?in?the?award?and?performance?of?DOT-assisted?contraal?origin?or?sex?ot?discriminate?on?the?basis?of?race,?color,?nationcontracts.?Recipients?and? their?contractors?shall?n??the?maximum?opportunity?to?compete?for?and?performensure?that?disadvantaged?business?enterprises?have?26?to?and?reasonable?steps?in?accordance?with?49?CFR?Partrecipients?or ?contractors?shall?take?all?necessary?gard?all?ral?funds?provided?under?this?agreement.?In?this?resubcontracts?financed?in?whole?or?in?part?with?Fedeand?ity?to?participate?in?the?performance?of?contr acts?defined?in?49?CFR?Part?26?have?the?maximum?opportunprises?as??agrees?to?ensure?that?disadvantaged?business?enter(2)?DBE?Obligation:?The?recipient?or?its?contractorapplies?to?this?agreement.?Part ?26?ment.?Consequently,?the?MBE?requirements?of?49?CFR?whole?or?in?part?with?Federal?funds?under?the?agreenanced?in?y?to?participate?in?the?performance?of?contracts?fiin?49?CFR?Part?26?shall?have?the ?maximum?opportunites?as?defined?ransportation?that?disadvantaged?business?enterpris(1)?Policy:?It?is?the?policy?of?the?Department?of?t?PARTICIPATION?BY?DISADVANTAGED?BUSINESS?ENTERPRISES?26?DISADVAN TAGED?BUSINESS?ENTERPRISE?(DBE)?49?CFR?Part GC-16? ?288 notice,?the?ctive?date?of?the?termination.?Upon?receipt?of?the?Termination?specifying?the?nature,?extent,?and?effece?of?ll?terminate?by?delivering?to?the?Contractor?a?Notithe?contract?obligation s.?The?City?of?Rochester?shator?to?fulfill?onvenience?or?because?of?the?failure?of?the?Contraccontract?in?whole?or?in?part,?for?the?Recipient's?cate?this?t?and?Engineering)?The?City?of?Rochester?may? terminf.?Termination?for?Convenience?or?Default?(Architecbefore?the?effective?date?of?termination.?rendered?e?payment?provisions?of?this?contract?for?services?Rochester?shall?be?liable?only?for?payme nt?under?th,?the?City?of?vernment's?interest.?If?this?contract?is?terminatedcontract,?in?whole?or?in?part,?when?it?is?in?the?Goe?this?City?of?Rochester),?by?written?notice,?may?terminate.?Termination ?for?Convenience?(Professional)?The?(condition?of?this?Contract.?ant,?or?cceeding?breach?of?that?or?of?any?other?term,?covennot?limit?(City?of?Rochester)‘s?remedies?for?any?suester)?shall?tion?of?thi s?Contract,?such?waiver?by?(City?of?Rochbreach?by?Contractor?of?any?covenant,?term?or?condis?for?any?hat?(City?of?Rochester)?elects?to?waive?its?remedied.?Waiver?of?Remedies?for?any?Breach?In?the?eve nt?tsureties?for?said?breach?or?default.?ctor?and?its?also?pursuing?all?available?remedies?against?Contraany?way?operate?to?preclude?City?of?Rochester?from?shall?not?in?on?to?Contractor.?Any?such?ter mination?for?default?terminate?the?Contract?without?any?further?obligatihe?right?to?d?breach?or?default,?City?of?Rochester?shall?have?t(City?of?Rochester)?setting?forth?the?nature?of?sain?notice?from ?en?(10)?days\]?after?receipt?by?Contractor?of?writtecovenants,?or?conditions?of?this?Contract?within?\[tterms,?s?satisfaction?the?breach?or?default?of?any?of?the?If?Contractor?fails?to?remedy?to?Cit y?of?Rochester'appropriate?conditions.?and?other?l?state?the?time?period?in?which?cure?is?permitted?defect.?In?such?case,?the?notice?of?termination?wil?to?cure?the?ctor?an?appropriately?short?period? of?time?in?whichtermination?for?breach?or?default,?allow?the?Contracase?of?a?y?of?Rochester)?in?its?sole?discretion?may,?in?the?c.?Opportunity?to?Cure?(General?Provision)?The?(Cittermination?for?conv enience.?ion?as?a??Contractor?to?continue?work,?or?treat?the?terminatnew?delivery?of?performance?schedule,?may?allow?theetting?up?a?l?of?the?Contractor,?the?City?of?Rochester,?after?swhich?are?not?th e?fault?of?or?are?beyond?the?controlood,?events?on?for?not?performing,?such?as?a?strike,?fire,?or?fRochester?that?the?Contractor?had?an?excusable?reasCity?of??in?the?contract.?If?it?is?later?determin ed?by?the?accordance?with?the?manner?of?performance?set?forthrmed?in??supplies?delivered?and?accepted,?or?services?perfocontractor?will?only?be?paid?the?contract?price?for.?The?th?the?manner?in?which ?the?Contractor?is?in?defaultnotice?of?termination?on?the?contractor?setting?for?by?serving?a?contract?for?default.?Termination?shall?be?effectedcontract,?the?City?of?Rochester?may?terminate?this?ns? of?the??Contractor?fails?to?comply?with?any?other?provisioin?the?manner?called?for?in?the?contract,?or?if?theails?to?perform??if?the?contract?is?for?services?,?the?Contractor?faccordance?with?the?con tract?delivery?schedule,?or,pplies?in?al?Provision)?If?the?Contractor?does?not?deliver?sub.?Termination?for?Default?\[Breach?or?Cause\]?(Generdirects.?f?it?in?the?manner?the?(City?of?Rochester)?Contr actor?will?account?for?the?same,?and?dispose?o?the?ts?possession?belonging?to?the?(City?of?Rochester),Contractor.?If?the?Contractor?has?any?property?in?ie?paid?the?t?its?termination?claim?to?(City?of ?Rochester)?to?bof?termination.?The?Contractor?shall?promptly?submip?to?the?time?act?close-out?costs,?and?profit?on?work?performed?uContractor?shall?be?paid?its?costs,?including?contr?The?actor?when? it?is?in?the?Government's?best?interest.in?part,?at?any?time?by?written?notice?to?the?Contrin?whole?or?The?City?of?Rochester?may?terminate?this?contract,?a.?Termination?for?Convenience?(General?Provi sion)?FTA?Circular?4220.1E?49?U.S.C.?Part?18?TERMINATION?GC-17? ?289 cision.?Contractor?and?the?Contractor?shall?abide?by?the?depon?the?sition.?The?decision?of?the?City?shall?be?binding?ube?heard?and?to?offer?evidence?in?support?of?its?poportunity?to?such?appeal, ?the?Contractor?shall?be?afforded?an?opwritten?appeal?to?the?City.?In?connection?with?any?furnishes?a?ipt?of?its?copy,?the?Contractor?mails?or?otherwise?unless?within?\[ten?(10)?days\]?from?the?date? of?rece?and?conclusive?sentative?of?the?City.?This?decision?shall?be?finalshall?be?decided?in?writing?by?the?authorized?repret?which?are?not?resolved?by?agreement?of?the?partieDisputes?arising?in?the ?performance?of?this?Contrac.Disputes FTA?Circular?4220.1E49?CFR?Part?18?BREACHES?AND?DISPUTE?RESOLUTION?transactions.?overed?ision?requiring?such?compliance?in?its?lower?tier?cbidder?or?proposer?fur ther?agrees?to?include?a?prov?offer.?The?the?period?of?any?contract?that?may?arise?from?thisSubpart?C?while?this?offer?is?valid?and?throughout?R?29,?ser?agrees?to?comply?with?the?requirements?of?49?C Fto?suspension?and/or?debarment.?The?bidder?or?propot?limited?ent?may?pursue?available?remedies,?including?but?noavailable?to?City?of?Rochester,?the?Federal?Governmemedies?ndered?an?erroneous?certifi cation,?in?addition?to?rdetermined?that?the?bidder?or?proposer?knowingly?re.?If?it?is?later?esentation?of?fact?relied?upon?by?City?of?RochesterThe?certification?in?this?clause?is?a?material?repragenc y.?artment?or?articipation?in?this?transaction?by?any?Federal?depdeclared?ineligible,?or?voluntarily?excluded?from?prment,?is?presently?debarred,?suspended,?proposed?for?deba"principals"?\[as?defined ?at?49?C.F.R.?§?29.105(p)\]??it?nor?its?s?certifies,?by?signing?this?contract,?that?neitherprospective?lower?tier?participant?or?subcontractortor?and?any?ligibility?and?Voluntary?Exclusion”?(1)?The?c ontrac"Certification?Regarding?Debarment,?Suspension,?Inefollows:?ser?certifies?as?submitting?its?bid?or?proposal,?the?bidder?or?propocovered?transaction?it?enters?into.?By?signing?and?er?to?comply?w ith?49?CFR?29,?Subpart?C?in?any?lower?tiCFR?29,?Subpart?C?and?must?include?the?requirement?ply?with?49?9.940?and?29.945.?The?contractor?is?required?to?comare?excluded?or?disqualified?as?defined?at?49 ?CFR?2?49?CFR?29.905,?ined?at?49?CFR?29.995,?or?affiliates,?as?defined?atthat?none?of?the?contractor,?its?principals,?as?defired?to?verify??of?49?CFR?Part?29.?As?such,?the?contractor?is?requThis?cont ract?is?a?covered?transaction?for?purposes?Suspension?and?Debarment?GOVERNMENT-WIDE?DEBARMENT?AND?SUSPENSION?convenience?of?the?Recipient.?sued?for?the?shall?be?the?same?as?if?the?termination?had?bee n?isdefault,?the?rights?and?obligations?of?the?parties?r?was?not?in?ct?obligations,?it?is?determined?that?the?ContractoIf,?after?termination?for?failure?to?fulfill?contrae?Recipient.?ll?be?liable?for ?any?additional?cost?incurred?by?thwork?by?contact?or?otherwise?and?the?Contractor?sha?may?complete?the??to?fulfill?the?contract?obligations,?the?RecipientIf?the?termination?is?for?failure?of?the?Con tractor?anticipated?profit?on?unperformed?services.?adjustment?in?the?contract?price?but?shall?allow?notable?cipient,?the?Contracting?Officer?shall?make?an?equiIf?the?termination?is?for?the?convenien ce?of?the?Re?this?contract,?whether?completed?or?in?process.?information?and?materials?accumulated?in?performingand?other?gs,?specifications,?reports,?estimates,?summaries,?deliver?to?the?Contracting ?Officer?all?data,?drawine),?and?(2)?rvices?affected?(unless?the?notice?directs?otherwisContractor?shall?(1)?immediately?discontinue?all?se GC-18? ?290??compliance?in?its?lower?tier?covered?transactions.??such?.?The?Contractor?will?include?a?provision?requiringbecome?erroneous?by?reason?of?changed?circumstancesd?or?has??that?its?certification?w as?erroneous?when?submittewritten?notice?if?at?any?time?the?Contractor?learnsimmediate??Contractor?shall?provide?to?the?City?of?Rochester?but?not?limited?to?suspension?and/or?debarment.?Theluding?der al?Government?may?pursue?available?remedies,?incremedies?available?to?the?City?of?Rochester,?the?Feon?to?other?ngly?rendered?an?erroneous?certification,?in?additiIf?it?is?later?determined?that?the?Co ntractor?knowi?this?Contract.?upon?which?the?City?of?Rochester?relies?in?enteringcertification?is?a?material?representation?of?fact?s?Contract?by?any?federal?department?or?agency.?Thiexcluded,?or?dis qualified?from?participation?in?thintarily?,?proposed?for?debarment,?declared?ineligible,?voluor?subcontractors?are?presently?debarred,?suspendedincipals,?affiliates,?the?Contractor?certifies?that?ne ither?it?nor?its?prIntegrity?Certification.?By?signing?this?Contract,?agreed?in?writing.?ecifically?cence?in?any?breach?there?under?except?as?may?be?spfailure?to?act?constitute?an?approval?of?or?acqu iessuch?action?or?rded?any?of?them?under?the?Contract,?nor?shall?any?shall?constitute?a?waiver?of?any?right?or?duty?affo?or?Contractor?action?or?failure?to?act?by?the?City,?its?Architectremedies?othe rwise?imposed?or?available?by?law.?No?,?rights?and??to?and?not?a?limitation?of?any?duties,?obligationsremedies?available?there?under?shall?be?in?addition?Documents?and?the?rights?and??The?duties?and? obligations?imposed?by?the?Contract Rights?and?Remedies.which?the?City?is?located.?he?State?in?e,?or?in?a?court?of?competent?jurisdiction?within?tdecided?by?arbitration?if?the?parties?mutually?agreh? will?be?g?out?of?or?relating?to?this?agreement?or?its?breacquestion?between?the?City?and?the?Contractor?arisins,?counterclaims,?disputes?and?other?matters?in??Unless?this?contract?provides?otherwise, ?all?claim Remedies.ge.?e?after?the?first?observance?of?such?injury?of?damawriting?to?such?other?party?within?a?reasonable?time?made?in?gally?liable,?a?claim?for?damages?therefore?shall?bemployees,?a gents?or?others?for?whose?acts?he?is?leof?any?of?its?rty?because?of?any?act?or?omission?of?the?party?or?Contract?suffer?injury?or?damage?to?person?or?propety?to?the?ing?resolved.?Claims?for?Damages.? Should?either?parunder?this?Contract?while?matters?in?dispute?are?betor?shall?continue?performance??Unless?otherwise?directed?by?the?City,?the?Contrac Performance?During?Dispute.GC-19? ?291 Add?KH?Certification?of?Lobbying?from?RFP?GC-20? ?292??_____________________________?Signature?____________________________________________________________________?Date?______________________________________________regulations?in?49?C.F.R.?Part?661 .5.?the?applicable??meet?the?requirements?of?49?U.S.C.?5323(j)(1)?and?The?bidder?or?offeror?hereby?certifies?that?it?will?Certificate?of?Compliance?with?49?U.S.C.?5323(j)(1)?iron,?or?manufactured?pro ducts.?Certification?requirement?for?procurement?of?steel,does?not?apply?to?lower?tier?subcontractors.?nt?n?must?be?rejected?as?nonresponsive.?This?requiremeaccompanied?by?a?completed?Buy?America?cer tificatioare?not?e?subject?to?a?general?waiver.?Bids?or?offers?that?bids?or?offers?on?FTA-funded?contracts,?except?thos?with?all?t?the?appropriate?Buy?America?certification?(below)A?bidder?or?offeror ?must?submit?to?the?FTA?recipient?domestic?content.?assembled?in?the?United?States?and?have?a?60?percenock?must?be?S.C.?5323(j)(2)(C)?and?49?C.F.R.?661.11.?Rolling?strequirements?for?rolling?stock?ar e?set?out?at?49?U.and?microcomputer?equipment?and?software.?Separate?passenger?wagons?produced?by?Chrysler?Corporation,?r?vans?and?15?final?assembly?in?the?United?States?for?15?passengewaivers?are?li sted?in?49?C.F.R.?661.7,?and?include?er.?General??by?FTA?or?the?product?is?subject?to?a?general?waivthe?United?States,?unless?a?waiver?has?been?grantedduced?in?ctured?products?used?in?FTA-funded?proj ects?are?promay?not?be?obligated?unless?steel,?iron,?and?manufaral?funds?(j)?and?49?C.F.R.?Part?661,?which?provide?that?FedeThe?contractor?agrees?to?comply?with?49?U.S.C.?5323 49?CFR?Part?661?49?U.S. C.?5323(j)??BUY?AMERICA?REQUIREMENTS?GC-21? ?293 and?other?federal?requirements?that?may?be?issued.?ary?8,?2001,?n?Transit?Projects"?66?Fed.?Reg.?1455?et?seq.,?JanuFTA?Notice,?"FTA?National?ITS?Architecture?Policy?oply?with?ETEA-LU?§?5307(c),? 23?U.S.C.?§?512?note,?and?to?com(ITS)?Architecture?and?Standards?as?required?by?SAFSystems?conform?to?the?National?Intelligent?Transportation?To?the?extent?applicable,?the?CONSULTANT?agrees?to?CTURE? AND?STANDARDS?NATIONAL?INTELLIGENT?TRANSPORTATION?SYSTEMS?ARCHITE transportation.?ernational?air?is?section?in?all?subcontracts?that?may?involve?intContractor?agrees?to?include?the?requirements?of?th .?The?ate?of?compliance?with?the?Fly?America?requirementscarrier?and?shall,?in?any?event,?provide?a?certificoreign?air?as?not?available?or?why?it?was?necessary?to?use?a?fexplaining?why?service?by?a?U .S.?flag?air?carrier?w?adequately?as?used,?an?appropriate?certification?or?memorandumContractor?shall?submit,?if?a?foreign?air?carrier?wa?Act.?The?a?matter?of?necessity,?as?defined?by?the?Fly?America vailable,?unless?travel?by?foreign?air?carrier?is?service?is?r?personal?effects?or?property,?to?the?extent?such?international?air?travel?and?transportation?of?theiinanced??to?use?U.S.?Flag?air?carrie rs?for?U.S?Government-fof?Federal?funds?and?their?contractors?are?required-recipients?t?301-10,?which?provide?that?recipients?and?any?subServices?Administration's?regulations?at?41?CFR?Parneral?8?(th e?"Fly?America"?Act)?in?accordance?with?the?GeThe?Contractor?agrees?to?comply?with?49?U.S.C.?4011?Fly?America?Requirements10?-41?CFR?Part?30140118?§?C.S.49?UFLY?AMERICA?REQUIREMENTS?y?FTA.?whole?or?i n?part?with?Federal?assistance?provided?bd?in?ents?in?each?subcontract?exceeding?$100,000?finance(2)?The?Contractor?agrees?to?include?these?requiremate?EPA?Regional?Office.?required?to?assure?notific ation?to?FTA?and?appropriolation?as?es?that?the?Purchaser?will,?in?turn,?report?each?viviolation?to?the?Purchaser?and?understands?and?agret?each??U.S.C.?1251?et?seq.?The?Contractor?agrees?to?reporFed eral?Water?Pollution?Control?Act,?as?amended,?33nt?to?the?able?standards,?orders?or?regulations?issued?pursua(1)?The?Contractor?agrees?to?comply?with?all?applic Clean?Water.?1251?C.S.33?U?CLEAR?WATER ?REQUIREMENTS part?with?Federal?assistance?provided?by?FTA.?nanced?in?uirements?in?each?subcontract?exceeding?$100,000?fi(2)?The?Contractor?also?agrees?to?include?these?reql?Office.?notification?to?F TA?and?the?appropriate?EPA?Regionare??in?turn,?report?each?violation?as?required?to?assuand?understands?and?agrees?that?the?Purchaser?will,e?Purchaser?he?Contractor?agrees?to?report?each?violation?to ?thClean?Air?Act,?as?amended?42?U.S.C.?§§704?et?seq.?Tnt?to?the?able?standards,?orders?or?regulations?issued?pursua(1)?The?Contractor?agrees?to?comply?with?all?applic?.Clean?Air49?CFR?Part?18?40?CFR? 15.61?7401?et?seq?..?C.S.42?UCLEAN?AIR?GC-22? ?294 USDOT/FTA?implementing?regulations.?Section?504?of?the?Rehabilitation?Act?of?1973,?and?DA),?s?of?the?Americans?with?Disabilities?Act?of?1990?(AContractors?must?comply?with?applicable?requirement ?ADA?ACCESS?Project?or?any?benefit?derived?there?from.?United?States?Congress?to?any?share?or?part?of?the?te?to?the?rees?that?it?will?not?admit?any?member?of?or?delega1.In?accordance?with?41U.S.C.?22 ,?the?Contractor?agindirect,?in?a?contract?or?the?proceeds?thereof.?year?thereafter?will?have?any?interests,?direct?or?e?or?for?one?ester,?or?of?a?local?public?body?during?their?tenurNo?member,?offic er,?or?employee?of?the?City?of?Roch?PROHIBITED?INTERESTS issued?on?the?project.?ompliance?ismic?Safety?Regulations?and?the?certification?of?cin?compliance?with?the?standards?required?by?the?Setractor ?is??this?contract?including?work?performed?by?a?subconalso?agrees?to?ensure?that?all?work?performed?under?contractor?iance?to?the?extent?required?by?the?regulation.?TheRegulations?49?CFR?Part?41and? will?certify?to?complafety??required?in?Department?of?Transportation?Seismic?Sin?accordance?with?the?standards?for?Seismic?Safetyonstructed?tion?to?an?existing?building?will?be?designed?and?cThe?cont ractor?agrees?that?any?new?building?or?addi?CFR?Part?41?42?U.S.C.?7701?et?seq.?49??SEISMIC?SAFETY?REQUIREMENTS???mmodities?by?ocean?vessel.involve?the?transport?of?equipment,?material,?or?coract?may? s?issued?pursuant?to?this?contract?when?the?subcontc.?to?include?these?requirements?in?all?subcontractsubcontractor's?bill-of-lading.)????recipient?(through?the?contractor?in?the?case?of?aAdministrat ion,?Washington,?DC?20590?and?to?the?FTAMaritime?n?of?National?Cargo,?Office?of?Market?Development,?described?in?the?preceding?paragraph?to?the?Divisio?cargo?ean?bill-of?-lading?in?English?for?each?s hipment?ofa?legible?copy?of?a?rated,?"on-board"?commercial?ocnited?States,??of?leading?for?shipments?originating?outside?the?UStates?or?within?30?working?days?following?the?datee?United?date?of?loadi ng?for?shipments?originating?within?thb.?to?furnish?within?20?working?days?following?the??commercial?vessels;??at?fair?and?reasonable?rates?for?United?States-Flag?available??underlying?contract?to?th e?extent?such?vessels?areequipment,?material,?or?commodities?pursuant?to?the?any?go?liners,?and?tankers)?involved,?whenever?shipping(computed?separately?for?dry?bulk?carriers,?dry?carss?tonnage?cial? vessels?to?ship?at?least?50?percent?of?the?groa.?to?use?privately?owned?United?States-Flag?commerThe?contractor?agrees:??s?-?Cargo?Preference?-?Use?of?United?States-Flag?Vessel?46?CFR?Part?381?46?U.S .C.?1241?CARGO?PREFERENCE?REQUIREMENTS?GC-23? ?295????????????_______________________________?_____________________________________?_____________Address Authorized Company Representative (printe_______________________________?______________ _______________________?_____________ignature) Company Name Authorized Company Representative (s_______________________________?_____________________________________?_____________???violation?of ?the?prohibition?contained?in?the?Act.?to?be?in?provided?to?the?Agency?that?would?cause?the?Agency?telecommunications?equipment?or?services”?shall?be?ew?of?its?supply?chain?and?that?no?such?“covered? warrants?that?it?has?performed?a?due?diligence?revisents?and?ment?subject?to?that?prohibition.??Contractor?repreinstant?procurement?is?a?federally?assisted?procurend?that?the?ed?in?the?Act,?in?federa lly?assisted?procurements?atelecommunications?equipment?or?services,”?as?definhibits?the?Agency?from?procuring?certain?“covered?Pub.?L.?115232,?§?889?(Aug.?13,?2018)?(the?Act)?proear?2019,?ain?Nation al?Defense?Authorization?Act?for?Fiscal?YContractor?hereby?acknowledges?that?the?John?S.?McC GC-24? 296 297 298 299 300 301 302 303 304 305 306 307 308 309 M 310 enilemit?dna?,hcaorppa?,gnidnatsrednu?tcejorP:swollof?sa?erew?nopu?derocs?eb?ot?airetirc?ehT?.reddiblufsseccus?eht?enimreted?pleh?ot?nopu?derocs?eb?hcae?dluow?sreddib?eht?hcihw?rof?airetirc?ded ulcnissecorp?eulaV?tseB?ehT?.ssecorp?eulaV?tseB?eht?rednu?slasoporp?timbus?ot?deriuqer?erew?sreddiB?016,562,1$??????????????????????????????????nroH-yelmiK?.2536,862,1$??????????????????????nosnoM?nn amueN?.1:)ycnegnitnoc?rof?tnuoma?na?niatnocton?od?osla?dna(?sdib?rof?tnemesitrevda?detaler?eht?htiw?gniylpmoc?deviecer?erew?sdib?gniwollof?ehT?.stneve?egral?gnirud?snoitacol?eseht?ta?stniartsnoc?gnik rap?tnerruc?eht?fo?emosesae?ot?semit?edir?dna?krap?kaep-ffo?gnirud?eviL521?dna?retneC?noitaerceR?eht?ot?srotisiv?rof?elbaliavaeb?osla?lliw?ediR?dna?kraP?yawdaorB?htroN?ehT?.krap?ecneirepxE?ertaehT?BC ?eht?ta?detacol?edir?dnakrap?EN?eht?ta?secaps?desael?rof?deen?eht?etanimile?yllaitnetop?dna?esaerced?lliw?yticapac?lanoitidda?ehT.secaps?gnikrap?002?ylhguor?edivorp?lliw?edir?dna?krap?sihT?.keew?eht? gnirud?dnamed?hgih?si?ereht?dna,detimil?si?gnikrap?erehw?,nwotnwod?ssecca?ot?tisnart?esu?ohw?sretummoc?evres?ot?yticapac?lanoitiddaedivorp?lliw?ytilicaf?ehT?.ytiC?eht?yb?denwo?ydaerla?dnal?no?etis?re tneC?noitaerceR?eht?ta?yawdaorBhtroN?raen?noitces?tsaehtron?eht?ni?ytilicaf?edir?dna?krap?denwO-ytiC?a?tcurtsnoc?lliw?tcejorp?sihT?.2202?ni?detpoda?saw?hcihw?,)PDT(?nalP?tnempoleveD?tisnarT?tnerruc?e ht?htiw?tnetsisnocsi?tcejorp?ehT?.aera?nwotnwod?eht?hcaer?ot?deen?sretummoc?sa?sesaercni?detcepxe?htiw?,sdnamedpihsredir?erutuf?dna?gnitsixe?evres?ot?TPR?rof?yticapac?edivorp?lliw?ediR?dna?kraP?yawda orB?htroN?ehT?.4202?,3?enuJ,yadnoM?no?nigeb?ot?dennalp?si?ecivres?erehw?,WN?tS?ht57?dna?25?yawhgiH?SU?fo?noitcesretni?eht?ta?edirdna?krap?denwo-ytiC?tsrif?rieht?fo?noitcurtsnoc?detelpmoc?sah?ytiC?ehT ?.mret?gnol?elbaniatsus?yllaicnanifton?si?hcihw?,worg?ot?eunitnoc?stsoc?esael?erehw?yllacidoirep?detaitogener?eb?ot?deriuqer?era?smret?esaelehT?.sdnuf?)TPR(?tisnarT?cilbuP?retsehcoR?gnisu?desael?era? snoitacol?edir?dna?krap?eht?fo?emoS?.ytiCeht?ssorca?snoitacol?edir?dna?krap?ruof?edivorp?ot?seititne?rehto?htiw?stnemeerga?sah?ytiC?eht?,yltnerruC:evitarraN?tropeR.4112J?.oN?tcejorP?-?ediR?dnakraP?ya wdaorB?htroN?eht?fo?secivres?tcetihcra/ngised?rof?009,511$?fo?sesnepxe?elbasrubmier?detamitsesulp?537,251,1$?fo?tnuoma?eht?ni?.cnI?,nosnoM?nnamueN?ot?tcartnoc?a?gnidrawa?noituloseR?a?gnitpodA:detseuq eR?noitcA???21.F4112J?.oN?tcejorP?-?ediR?dna?kraPyawdaorB?htroN?eht?rof?secivreS?tcetihcrA/ngiseDrof?.cnI?,nosnoM?nnamueN?htiw?tcartnoC NOITCA?ROF?TSEUQER gnoiX?aI:RETNESERPadnegA?tnesnoC:NOITCES?ADN EGAsecivreS?gnikraP?&?tisnarT:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE C 311 yrammuS?gnirocS?lenaP?noitaulavEnosnoMnnamueN-ediR?dna?kraP?yawdaorB?htroN-lasoporP?tsoCnosnoM?nnamueN-ediR?dna?kraP?yawdaorB?htroN-lasoporP?lacinhceT:stnemhcattA gnoiX?aI:yB?deraperP.emit?siht ?ta?dednemmocer?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.000,068,1$?fo?hctaM?yranoitercsiD?)AJII(?tcA?sboJ?dnatnemtsevnI?erutcurtsarfnI?etatS?dedrawa?yltnecer?eht?morf?dednuf?eb?lliw?hctam?l acol?ehT?.hctam?lacol%02?a?seriuqer?tnarg?sihT?.noitcurtsnoc?dna?ngised?gnidulcni?000,044,7$?dedrawa?osla?tnarG?seitilicaFsuB?dna?suB?noitartsinimdA?tisnarT?laredeF??.secivres?ngised?rof?000,008$?sed ivorp?tnarg?etatS?ehT:tcapmI?ecruoseR?&?lacsiF.detpodA?noitcurtsnoC?ediR?dna?kraP?yawdaorBeht?gnidulcni?stcejorP?eerhT?rof?tnemdnema?tegduB?ytiC?4202?-?gniteeM?licnuoC?:4202?,8?yraunaJ.devorppA?ediRd na?kraP?eunevA?yawdaorB?htroN?fo?ngiseD?rof?tnemeergA?–?gniteeM?licnuoC??:3202?,02?rebmevoN:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.noitatropsnart?fo?sedom?rehto?fo?esu?ehtegaruocne?dna?nwot nwod?eht?ni?selcihev?ycnapucco?elgnis?fo?rebmun?eht?esaerced?ot?slaog?tisnarT?dna,retneC?lacideM?noitanitseD?,ytiC?stroppus?osla?tI?.secivres?noitatropsnart?edivorp?ot?dna?metsys?tisnartcilbup?elbiss ecca?,tneiciffe?na?edivorp?ot?noissim?sti?htiw?tisnarT?cilbuP?retsehcoR?stsissa?tcejorp?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFgniviL?ytilauQ?rof?secivreS?ytilau Q:selpicnirP?lanoitadnuoF?&?seitiroirP.TPR?ot?dedrawa?stnarg?laredef?owt?dna?gnidnob?etats?yb?,trap?ni?,dednuf?si?tcejorp?ehT?.5202?lirpA?yb?etelpmoc?yllaitnatsbus?eb?ot?deludehcs?si?krow?ehT?.lattim bus?dib?rieht?nihtiw?noitapicitrap?%31ot?dettimmoc?sah?nosnoM?nnamueN?dna?,%7?si?noitapicitrap?ssenisuB?detegraT?rof?laog?tcejorp?ehT?.nosnoM?nnamueN?ot?dib?eht?gnidrawa?sdnemmocermaet?ytiC?eht?,gnir ocs?noitaulave?eulaV?tseB?eht?dna?dettimbus?sdib?eht?no?desaB?.nosnoM?nnamueNsi?reddib?lufsseccus?eht?,noitaulave?eht?fo?stluser?eht?no?desaB?.tseuqeR?siht?ot?dehcatta?si?gnirocsdna?noitaulave?eht?fo ?yrammus?ehT?.noitaerceR?dna?kraP?dna?,gnikraP?dna?tisnarT?,skroW?cilbuP?morfsrotaulave?evif?fo?maet?a?morf?gnirocs?noitaulave?eht?no?desab?denimreted?saw?reddib?lufsseccus?ehT?resoporp?eht?fo?ytilib ats?lacsif?dna?tsoc?tcejorPhcaorppa?tcejorp?dna?nalp?kroWecneirepxe?dna?snoitacifilauq?lennosrep?yeKsecnerefer?dna?,ecneirepxe?,dnuorgkcab?ynapmo R 312 4112J.oN?tcejorP?“€â?ediR?&?kraP?yawdaorB?htroN?secivreS?tcetihcrA?ngiseD?-?tcartnoC?fo?drawA?-?noitulose 313 APPENDIX A: Required Forms 314 319-248-4807 Dave Zahradnik Neumann Monson Architects3/1/2024 Telephone Email Address ____________________________________________ _____________________________________ Authorized Company Representative (signature) ntative (printed)Authorized Company Represe ____________________________________________ _____________________________________ Company Name Date ____________________________________________ _____________________________________ is current, accurate and complete.RFP instructions, requirements, specifications, terms, and conditions; 2) all information submitted in their response to thisBy signing below, Contractor acknowledges that 1) they have carefully examined the entire RFP and understands all Cost Proposal oposalCost pr –PDF document 2 DBE participation affidavit o Acknowledgment of addenda o Certification regarding lobbying o tier subcontractors-List of first o Disclosure of contractor responsibility o Certification and representations o Required Formsand project schedule Work Plan o Project approach o tier contractors-List of first§Project staff o specific qualifications-Project o Include statement of qualifications and relevant contractor experience forms§Company background and experience o Proposal elements informationContact Cover letter Cover page lTechnical Proposa –PDF document 1 tnemucod lasoporp yb smrof deriuqer dna tsilkcehC .Required Forms and Attachments and include all partmust respond to all questions in each RFP response. Contractors irpage of the coverthe immediately followingContractors must complete and submit this form Design Response Checklist Broadway Avenue North Park and Ride 315 316 List of first 317 demrofrep eb ot kroW (Point of contact, email, phone number, address) noitamrofni rotcartnocbuS (Legal name of company as registered with the Secretary of State) semaN ynapmoC rotcartnocbuS reiT-tsriF tier subcontractors the Proposer intends to retain for work on the project-Please list all list of all first tier subcontractors- 318 319 Statement of qualifications and relevant contractor experience 320 Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience 321 Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience Date _____________________________________ Title Authorized Signature ____________________________________________ ____________________ _________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience 322 Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. R 323 Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefe Statement of qualifications and relevant contractor experience 324 PhonePhone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. Statement of qualifications and relevant contractor experience Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Original contract value Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year Original contract value /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word of work. Please keep highlight their performance and aspects of the project completed for their reference that are relevant to this RFP’s scope Contractors are encouraged to For each entity provided as a reference, provide the information requested below. of work. Please keep 325 Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count will Date _____________________________________ Title Authorized Signature __________________________ __________________ _____________________________________ release any responsive information to the City.references listed on this form and the company/reference so identified to I hereby authorize the City to contact the noitamrofni fo esaeler dna secnerefer tcatnoc ot noitazirohtuA Email Email Phone Phone Current or final contract value Address Name Contracting officer Program ManagerProject or *Please confirm that contact information provided is current prior to submission noitamrofni tcatnoc ecnerefeR(list staff here)· .krow fo epocs s’PFR siht fo yreviled ni devlovni eb ot desoporp osla era taht tcejorp siht ni detapicitrap oh w ffats yek yna tsiL (provide discussion here) )timil drow 005( .yhw nialpxe ylfeirb dna etad noitelpmoc dednetni lanigiro eht morf tnereffid saw etad noitelpmoc tcejorp lautca eht fi eton esaelP .ecnamrofrep s’ynapmoc ruoy fo noissucsid feirb a edivorP (provide description here) )timil drow 052( rotcartnocbus a ro rotcartnoc emirp eht erew uoy fi etacidni esaelP .tcejorp eht fo noitpircsed feirb a edivorP Current or final contract value Project completion month/year /yearProject start month Contract name/title Customer/Reference organization noitamrofni tcejorp ecnerefeR negatively affect your proposal evaluation. not count willyour responses within the prescribed word count. Responses shorter than the prescribed word 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 Certifications and representations 343 Principal/Vice President 3/1/2024 Date _____________________________________ Title Authorized Signature ____________________________________________ _____________________________________the representations contained in the RFP response.7.I understand that the award of any contract will be based on the reliability of the foregoing representations and all ofr affecting this RFP or the Contract contemplated by this RFP.instructions from the City in regard to any matte Administrator of this RFP and shall cooperate in the City’s review and investigation of the same. I shall comply with any ates any actual or apparent change to the foregoing, I shall promptly inform the RFP6.If I acquire information which indicRFP.indirectly, that would conflict in any manner or degree with the faithful performance of the Contract contemplated by thisr, officer, owner, or employee of the company I represent has any interest, directly ordiligent inquiry, no directodegree with the faithful performance of the Contract contemplated by this RFP. To the best of my knowledge aftert have any interest nor shall I acquire any interest, directly or indirectly, that would conflict in any manner or5.I do noor to secure any advantage against the City or any person interested in the proposed Contract.other Contractor, or to fix any overhead, profit, or cost element of such proposal amount or that of any other Contractor,ount herein or that of anycollusion, communication, or conference with any person or entity to fix the Cost Proposal amresponse to the RFP. Further, neither I nor the company I represent have directly or indirectly sought by agreement,erson, or entity to refrain from submitting aconspired, or agreed, directly or indirectly, with any other Contractor, p4.The company I represent has made an independent price determination for this RFP response and has not colluded,from this RFP for the costs stated in the proposal as submitted. necessary to provide all aspects of the services contemplated in this RFP and are willing and able to satisfy thepany I represent are in the public transportation business and have the knowledge, experience, and skills3.I and the comand regulations that affect or may affect the services rendered, related performance, and the persons employed.,2.I am familiar with all matters affecting the performance of services to be rendered, including all laws, ordinances, rules1.I am familiar with all requirements, conditions, specifications, and instructions in the RFP.By submitting this RFP response, the undersigned makes the following representations: 344 49 345 3/1/2024 Dave Zahradnik, Principal/Vice President Neumann Monson Architects Date______________________________________ Name and Title of Contractor's Authorized Official______________________ ____________________________________________________________ Signature of Contractor's Authorized Official________________________________________________ __________________________________ 3801, et seq., apply to this certification and disclosure, if any.A its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.racy of each statement of The Contractor, ____________________________, certifies or affirms the truthfulness and accu $100,000 for each such expenditure or failure.\]red certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than a requi(2)(A), any person who makes a prohibited expenditure or fails to file or amend -\[Note: Pursuant to 31 U.S.C. § 1352(c)(1) shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.d certification U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the requireentered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, transaction was made or This certification is a material representation of fact upon which reliance was placed when this and that all subrecipients shall certify and disclose accordingly.bcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)subawards at all tiers (including su(3)The undersigned shall require that the language of this certification be included in the award documents for all65, to be codified at 2 U.S.C. 1601, et seq.)\]-1995 (P.L. 104ion 10 of the Lobbying Disclosure Act ofNote: Language in paragraph (2) herein has been modified in accordance with Sectinstructions \[as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).sclosure Form to Report Lobbying," in accordance with itsLLL, "Di--undersigned shall complete and submit Standard Formemployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, theany agency, a Member of Congress, an officer or employee of Congress, or an contacts to an officer or employee of(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbyingagreement.enewal, amendment, or modification of any Federal contract, grant, loan, or cooperativeextension, continuation, rmaking of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and theof Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, theinfluencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for belief, that: The undersigned \[Contractor\] certifies, to the best of his or her knowledge and (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements CERTIFICATION REGARDING LOBBYING--CFR PART 20 Acknowledgement of addenda 346 3/1/2024 Principal/Vice President Date _____________________________________ Title Authorized Signature ____________________________________________ ___________________ __________________ are part of the RFP documents and have been considered and incorporated into the Contractor’s RFP response.The undersigned further hereby acknowledges that the Contractor understands and agrees that each such addenda \].rotartsinimdA PFR eht morf liame ni deton sa adnedda hcae fo etad dna ,emit ,tcejbus eht edulcnI\[ The undersigned representative hereby acknowledges receipt of all of the following addenda to the RFP documents:shall be included with the Contractor’s RFP response: The following acknowledgement acknowledge receipt of all addenda may cause the RFP response to be considered nonresponsive to the solicitation. owledge receipt of any and all such addenda, and include such acknowledgment with the RFP response. Failure to ackntime, and date in a final email from the Moderator prior to the submission deadline for the RFP. Contractors must information are to be considered an addendum to and become part of the RFP documents, they will be listed by subject, ions, or updates to completes a Receipt Confirmation for this RFP. If any of those changes, corrections, clarificatclarificat ions, or updates to information will be provided by email when they are available to each Contractor who he RFP documents. Those changes, corrections, corrections, clarifications, or updates to information contained in tAfter distribution of the RFP and prior to the Submission Deadline, the Moderator may periodically make changes, DBE participation affidavit 347 13Dave ZahradnikIowa City, IA 522403/1/2024 221 E. College St., Suite 303Neumann Monson Architects Date City, State, and Zip Code _____________________________________ _______ _____________________________________ d)Authorized Company Representative (printe Address ____________________________________________ _____________________________________ Authorized Company Representative (signature) Company Name ____________________________________________ _____________________________________ information, and belief.I affirm under the penalties of perjury that the information in this affidavit is true to the best of my knowledge, DBE firms.-information and amount of time to respond as were nonnot less than the same In the solicitation of subcontract quotations or offers, DBE firms were provided Documenting evidence of DBE negotiations·Providing DBEs with plan information and specification in a timely manner·Selecting portions of the work to be performed by DBEs·ns)instructiobidding Documentation showing efforts used to identify and solicit of DBEs, including written solicitations (with· attempt to achieve the DBE participation goal of 2.0% which shows the following:as evidence of our Company’s good faith effort to 2-Certification of Good Faith Efforts Form Fattached the Our Company’s DBE goal for this contract is ______%. I hereby request a waiver of the overall goal. I have 7.0%. I conclude that my Company is unable to achieve the DBE participation goal of RO d.indicating that they are participating in the Contract as provide 1-DBE Participation Schedule Form F I have attached written confirmation from each of the DBE’s listed on the The dollar amount of the participation of each DBE firm participating·l perform.A specific description of the work each DBE wil·Names, addresses, and contact names of all MN certified DBE’s that will be participating in this contract.· must show the following: 1-DBE Participation Schedule Form FThe e dollar amounts set forth therein.the DBE participation goal for this Contract for at least thwill be used to accomplish 1-DBE Participation Schedule Form F I agree that the DBE firms listed in our Company’s Our Company’s DBE goal for this contract is :_____%. 7.0%participation goal of Our Company has met the overall certified Disadvantaged Business Enterprise (DBE) eno ylno kcehC In connection with the bid submitted, I affirm the following DBE Participation: .evisnopser ton demeed eb llahs dib eht ,deriuqer sa tivadiffa siht timbus dna etelpmoc yletarucca ot sliaf reddib eht fI .dib eht htiw dedulcni eb tsum tivadiffa sihT F 348 3/1/2024$164,900 13%Broadway Avenue North Park and RideNeumann Monson Inc. nschild@rochestermn.govEmail: 2432-328-Fax: 507 2408-328-Phone: 507 Rochester, MN 55906 4300 East River Rd NE Department of Public Works City of Rochester, Minnesota Parking Systems Manager Noloan Schild If you have any questions, please contact: 7 6 5 4 3 2 1 Phone Letter etouq fo tnuoma ralloD krow fo noitpircseD tcatnoc fo dohtem dna etaD liamE enohP nosrep tcatnoC ynapmoc EBD .sredivorp ecivres dna ,sreilppus ,srotcartnocbus EBD morf sdib ticilos ot stpmetta ruoy tsil esaelP Total DBE commitment in dollars ($) _____________________________________ DBE participation goal (percent) Project name ____________________________________________ _____________________________________ Date Company completing this schedule ____________________________________________ _____________________________________ stroffE htiaF dooG fo noitacifitreC :2-F mro 349 Base 350 Design & EngineeringBroadway Avenue North Park and RideFEE PROPOSAL: INTERTEC?BRAUNENGINEERING?HALLBERGCONSULTS?PARKING?$1,268,635.00FeeTotal 10005021937081072179138165043724120625226??????? ????????$2,500Expenses???????????????$7,250g?Lab?Environmental???????????????$1,750Testing?Lab?Geotech?????????????$gCorin?Rock?and?Drilling???????????????$1,3001010TBD$27.88$65.26$36.86$130.00Tech?C ADD???????????????$5,2504242Eng/ScientistTBD$29.78$69.70$25.52$125.00?Staff???????????????$3,3751515Erie$65.00$152.14$7.86$225.00rEnginee?Principal???????????????$1,6402020TBD$23.12$54.11$4.77$82.00P A???????????????????$84066Kadlec$39.90$93.39$6.71$140.00PM???????????????$3,3301818$53.12$124.33$7.55$185.00yEng/ScientistBaile??????????????$8080Eng/ScientistJohnson$38.82$90.86$30.32$160.00?Project $55,635$1,200.00project?the?of?duration?the?for?electrical?one?and?mechanical?one?‐?staff?two?for?trips?6?on??Expenses16024184$23,920.00TBD$53.04$57.46$19.50$130.00rEnginee?Project?Mechanical14440200 $31,000.0016Ryan$63.24$68.51$23.25$155.00rEnginee?Electrical16024184$23,920.00TBD$53.04$57.46$19.50$130.00rEnginee?Project?Mechanical$63.24$68.51$23.25$155.001614440200$31,000.00?MikerEnginee?Mechani cal8024160$28,800.00Bernie$73.44$79.56$27.00$180.004016Manager?Project48$10,080.0020Rick/Paul$85.68$92.82$31.50$210.00820MEP?‐?Principal$149,920.00??????????????$2,800.00Constr.)?in??site?6?on??Expen ses???????$1053015024,750.0015??B34.7577.0753.18165.00$?HazeleneTechnician???????$1053015030,000.0015??43.696.759.7200.00$M?LisaDesigner???????$2106030069,000.0030??H54.94121.8553.21230.00$?JaredEng? Structural???????$401010029,000.003020??74.8516649.15290.00$S?CarlrDesigne?Parking?‐?Principal$155,550.00???????$18,200.00650900150Expenses?&?Subconsultant??????????$7,920.007272??????????5.73$????70 .15$????Menden34.12$Scientist???????$6510,400.00614??11.24$????99.19$????Beduhn49.57$Scientist?????????????$33??18.94$??????White62.52$Scientist???????$12015,600.00120??????????8.80$????81.20$????40. 00$J?LeoEng?Grad??????????$9,360.004848??16.20$??????J60.00$?ChadPE?????????????$66??10.67$????96.30$????Tammy48.03$Rep?Accounting???????$8718,705.007512??19.27$??????65.88$BreuPE??????????$2,600.002 020??????????9.52$????80.73$????39.75$EricTech???????????$9,750.005022424??17.27$??????Chris59.63$fChie?Crew????????$11211217,360.00??15.43$????93.19$????Brian46.38$RPR???????$14817,020.00100241212?? 12.06$????69.28$????Steph33.66$Tech???????$14618,980.0010046??????????8.80$????81.20$????grad40.00$?WREng?Grad??????????$6,400.00402416??12.62$????98.29$????49.09$DanPE???????$80162241022682421033,60 0.00??15.07$????96.69$????Connor48.24$PE????????????????????$‐564016?????????$?‐JennaCSM$187,440.00 ENGINEERING?SEH???????$91,200.00)project?the?of?duration?the?for?trips?48?on??Expenses???????$35880 46246,200.0024??17.13$????41.99$????40.88$TBDfStaf?Tech?????$7361801032123,840.009620??20.55$????50.39$????49.06$TBDArchitect??????$680801240198,400.00??27.40$????67.18$????W65.41$?BrianArchitect?Pro ject?????$320320760152,000.008040??34.25$????83.98$????L81.77$?NickManager?Project???????$868020646,350.002020??38.54$????94.48$????K91.99$?II?Principal???????$1084827662,100.008040??38.54$????94.48$ ????Z91.99$?DaveII?Principal$720,090.00 ARCHITECTS??NEUMANN wkswks54wks12wks8wks34wks12wks8wks8wks12wks104104PersonelbyHoursTotalAdministrationConstruction10:TaskDocumentationandnalFi9:TaskServicesRO W&Easement8:TaskPermittingEnvironmental7:TaskPlanManagementStormandUtility6:TaskPlanPatternBusandStudyTraffic5:TaskMappingandSurveys4:TaskEnvironmental&Geotechnical3:TaskCoordination2:TaskManagementP roject/Contract1:TaskRateBillingProjectOverheadBenefits&pay Evaluation Panel Summary - North Broadway Park and Ride 351 RANKINGSCORING 85.283Average41Count #1's426415Total Score21Rater 59296Rater 512Rater 47665Rater 412Rater 38886Rater 312Rater 28581Rater 212Rater 18587Rater 1MonsonNeumann HornKimley-MonsonNeumann HornKimley- RESOLUTION352shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contracts within ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andthe North Broadway Park and Ride -Project No. J2114Design/Architect Services for authorized for the following approved local improvements:is Neumann Monson, Inc.,Institute of Architects (AIA)contract for construction with isherebyacceptedandexecutionoftheAmerican $1,268,635Minnesota,thatthebidofNOW,THEREFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the best value, responsive and Neumann Monson, Inc.WHEREAS, it appears that $1,265,610Kimley-Horn & Associates, Inc.$1,268,635Neumann Monson, Inc. Bidfollowing bids were received complying with theadvertisement:, the North Broadway Park and Ride –Project No. 2114Design/Architect Services for the WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Ride -Project No.J2114.Awarding Contract forDesign/Architect Services for the North Broadway Park and PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF353Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. 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mumixaM?deetnarauG?a?htiw?9603?.oNPIC?-?tcejorP?noitacoleR?yrtseroF?&?skraP?eht?reviled?dna?tuo-esolc?noitcurtsnoc?ot?ngised?morf?tcejorpeht?eesrevo?ot?secivres?lanoisseforp?)RAMC(?ksiR?ta?reganaM?no itcurtsnoC?rof?)QFR(?snoitacifilauQrof?tseuqeR?a?ot?sesnopser?fo?noitaticilos?eht?dezirohtuA?licnuoC?ytiC?eht?,3202?,61?rebotcO?nO?.eludehcs?evissergga?na?teemot?ytiliba?dna?,maet?,ecneirepxe?tnavele r?fo?srotcaf?rehto?eht?ot?eud?detceles?eb?dib?tsewol?eht?eriuqerton?od?stnemeerga?ecivres?lanoisseforP?.sdib?xis?lla?fo?egareva?eht?naht?rewol?%01?saw?tub?dib?tsewoleht?ton?saw?detceles?dib?ehT?.dib? evititepmoc?dna?,maet?gnitlusnoc?,eludehcs?teem?ot?ytiliba?,hcaorppatcejorp?,lennosrep?desoporp?fo?htgnerts?,seitilicaf?tisnart?htiw?ecneirepxe?rieht?no?desab?detceles?sawpuorG?ngiseD?+?erutcetihcrA? 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A?tibihxE:stnemhcattA yesmaR?tocS:yB?deraperP emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA?.tnemeriuqer?siht?teem?ew?erusne?lliwenilemit?dna?sesnepxe?tcejorP??.3202?,2?enuJ ?retfa?derrucni?era?yeht?fi?tnarg?siht?rednu?tnemesrubmierrof?elbigile?era?secivres?lanoisseforp?ngised-erP?.ytilicaf?eht?ni?snoitarepO?ciffarT?dna?COFPeht?etacol-oc?ot?ytilicaf?COTWP?gnitsixe?eht?ot ?noisnapxe?na?fo?gnihsinruf?dna?,gnippiuqe?,)noitavonerdna?;noitcurtsnoc?;noitilomed?gnidulcni(?noitaraperp?etis?,ngised?,ngised-erp?eht?rof?ytreporp?eriuqcaot?retsehcoR?fo?ytiC?eht?ot?tnarg?000,000, 41$?a?devorppa?llib?gnidnob?etatS?atosenniM?3202?ehT**?.snoisses?yduts?tegdub?suoiverp?ta?detneserp?snoitpo?eht?htiw?tnetsisnocdezilanif?eb?lliw?tegdub?tcejorp?A?.tcejorp?siht?rof?detaulave?eb?lliw?s tiderc?xat?)ARI(?tcA?noitcudeRnoitalfnI?.**stnarg?etatS?ni?000,000,41$?dna?sdnob?ytiC?ni?000,000,92$?fo?noitazilitu?semussa?gninnalpylrae?tub?dezilanif?neeb?ton?sah?gnidnuf?tcejorp?ehT?.000,000,34$?s i?tsoc?detamitse?s'tcejorp?ehT:tcapmI?ecruoseR?&?lacsiF?.devorppA?664380433147?.oN?DI?lecraP?&?464380433147.oN?DI?lecraP?fo?ecirp?esahcruP?-?noisseS?evitucexE?desolC?-?gniteeM?licnuoC?:4202?,4?hcraMd evorppA?.)COTWP(?retneC?noitarepO?tisnarTskroW?cilbuP?ot?noitidda?ecnanetniaM?skraP?rof?tnemdnema?tegdub?a?gnizirohtuA?:4202?,8?yraunaJ.devorppA)QFR(?snoitacifilauQ?rof?tseuqeR?dna?)PFR(?lasoporP?rof ?tseuqeR?-?gniteeM?licnuoC?:3202?,61?rebotcO.devorppA?56438043314 357 Contract Documents.ided in the eductions by Change Order as prov), subject to additions and d « »($ »« The Contract Sum is guaranteed by the Construction Manager not to exceed A.1.1.1 § Agreement. is defined in Article 6 of the Manager’s Fee plus the Cost of the Work, as that term Sum consists of the Construction the Contract Sum shall not exceed. The Contract the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by reement, the Owner and Construction Manager .2.6 of the Ag3Pursuant to Section Price Maximum A.1.1 Guaranteed § PRICE MAXIMUM GUARANTEED A.1 ARTICLE PROFESSIONALS, AND SUPPLIERS CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN A.4 BASED IS AMENDMENT WHICH INFORMATION A.3 COMPLETION SUBSTANTIAL AND COMMENCEMENT OF A.2 GUARANTEED MAXIMUM PRICE A.1 ARTICLES OF TABLE « » »« » TBD« and address) ,(Name, legal status THE CONSTRUCTION MANAGER: » Rochester, MN 55904 Street SE th 201 4« »« » City of Rochester« and address) ,s(Name, legal statu THE OWNER: « » » City of Rochester Parks and Forestry Relocation Project (CIP #3069)« (Name and address or location) PROJECT: for the following and year.) ,(In words, indicate day, month (the “Agreement”) « »the year in « »ay of d « »the of the Work Plus a Fee with a Guaranteed Maximum Price dated Owner and Construction Manager as Constructor where the basis of payment is the Cost 2019, Standard Form of Agreement Between –accompanying AIA Document A133™, is incorporated into the « »in the year « »day of « »the This Amendment dated this document.as set forth in the footer of violation of copyright laws prohibited and constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING document is modified.conditions unless this with other general by reference. Do not use is adopted in this document ract for Construction, General Conditions of the 2017, –AIA Document A201™ or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1347639657) User Notes: .mail docinfo@aiacontracts.com-copyright violations, eTerms of Service. To report ®time use only, and may only be used in accordance with the AIA Contract Documents-is licensed for one sale,/2025, is not for reThis draft was produced at 10:22:49 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02 Architects.e of “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American InstitutArchitects,” “The American Institute of 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – AIA Document A133 Guaranteed Maximum Price Amendment Exhibit A 2019 – ®Document A133 ®AIA 358 (Check one of the following boxes and complete the necessary information.) Manager shall achieve Substantial Completion of the entire Work:ion Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construct A.2.3.1 § Completion A.2.3 Substantial § commencement of the Work.or Substantial Completion of the Work. The Contract Time shall be measured from the date of the Contract Documents fUnless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in A.2.2 § .this Amendmentof the Work is not selected, then the date of commencement shall be the date of execution of a date of commencement « » (Insert a date or a means to determine the date of commencement of the Work.) Established as follows: \] « »\[ .date of execution of this AmendmentThe \] « »\[ (Check one of the following boxes.) the Work shall be: The date of commencement of.1 A.2 § COMPLETION SUBSTANTIAL AND COMMENCEMENT OF DATE A.2 Price per Unit ($0.00) Units and Limitations Item quantity limitations, if any, to which the unit price will be applicable.) and state the unit priceand the item (Identify Unit prices, if any: A.1.1.6§ Conditions for Acceptance Price Item (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Owner shall issue a Modification to the Agreement.execution of this Exhibit A. Upon acceptance, the Subject to the conditions noted below, the following alternates may be accepted by the Owner following A.1.1.5.2 § Price Item Alternates, if any, included in the Guaranteed Maximum Price: A § A.1.1.5 Alternates § 6.1.3 of the Agreement.is set forth in Section s Fee for changes in the Work’method of adjustment of the Construction ManagerThe A.1.1.4 § is set forth in Section 6.1.2 of the Agreement. s Fee’Construction ManagerThe A.1.1.3 § « » itemized statement below or reference an attachment(Provide .as defined in Section 3.2.1 of the Agreementand other items that comprise the Guaranteed Maximum Price ;contingency; alternates; the Construction Manager’s FeeConstruction Manager’s Guaranteed Maximum Price organized by trade categories, including allowances; thebelow is an itemized statement of the Provided .Price Guaranteed the of Statement A.1.1.2 Itemized § 2 (1347639657) User Notes: .mail docinfo@aiacontracts.com-copyright violations, ee. To report Terms of Servic ®time use only, and may only be used in accordance with the AIA Contract Documents-is licensed for one sale,This draft was produced at 10:22:49 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for re rchitects.Ae of “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institut“The American Institute of Architects,” 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 359 allowance.)each (Identify included in the Guaranteed Maximum Price:, if any, Allowances 3.1.5A. § Other identifying information: Pages Date Title )., as those terms are defined in Exhibit C to the Agreementfor the Projectrequired Sustainability Documentation; and the testing or metrics to verify achievement of each Sustainable Measurethe specific details about design reviews, roles and responsibilities associated with achieving the Sustainable Measures; Construction Manager’s and ’s implementation strategies selected to achieve the Sustainable Measures; the OwnerSustainable Measures; targeted ibes the Sustainable Objective; the identifies and descrSustainability Plan comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The identified a Sustainable Objective in the Owner’s Criteria, identify the document or documents that (If the Owner , if any:The Sustainability Plan A.3.1.4 § Date Title Number « » (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) The following Drawings: A.3.1.3 § Pages Date Title » « (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) The following Specifications: A.3.1.2 § Pages Date Title Document :following Supplementary and other Conditions of the ContractThe A.3.1.1 § :followingDocuments and the Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract The 3.1A. § BASED IS AMENDMENT WHICH UPON INFORMATION A.3 shall be assessed as set forth in Section 6.1.6 of the Agreement.liquidated damages, if any, If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, A.2.3.3 § Substantial Completion Date Portion of Work stantial Completion of such portions by the following dates:are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work A.2.3.2 § « »he following date: By t \] « »\[ ) calendar days from the date of commencement of the Work. « »( « »later than Not \] « »\[ 3 (1347639657) User Notes: .mail docinfo@aiacontracts.com-copyright violations, ee. To report Terms of Servic ®time use only, and may only be used in accordance with the AIA Contract Documents-is licensed for one sale,This draft was produced at 10:22:49 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for re rchitects.Ae of “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institut“The American Institute of Architects,” 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 360 name and title)(Printed (Printed name and title) « »« » « »« » (Signature)CONSTRUCTION MANAGER (Signature)OWNER This Amendment to the Agreement entered into as of the day and year first written above. « » and other information.) ,ipline, address(List name, disc below:ied identifuppliers, s , design professionals,ontractorsthe consultants, c Construction Manager shall retainT 1.4A. § SUPPLIERSAND PROFESSIONALS, DESIGN CONTRACTORS, CONSULTANTS, MANAGER’S CONSTRUCTION 4A. « » mendment(List any other documents or information here, or refer to an exhibit attached to this A The Guaranteed Maximum Price is based upon the following other documents and information: 3.1.7A. § « » Identify each assumption and clarification( based:and clarifications, if any, upon which the Guaranteed Maximum Price is Assumptions A.3.1.6 § Price Item 4 (1347639657) User Notes: .mail docinfo@aiacontracts.com-copyright violations, ee. To report Terms of Servic ®time use only, and may only be used in accordance with the AIA Contract Documents-is licensed for one sale,This draft was produced at 10:22:49 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for re rchitects.Ae of “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institut“The American Institute of Architects,” 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 361 .conditions, definitions, exclusions, and endorsements.2.3. The copy of the policy or policies provided shall contain all applicable B Sectionby required ’s request, provide a copy of the property insurance policy or policies ManagerConstruction .2 and, upon the B evidence of the coverage, required under this ArticlePrior to commencement of the Work, the Owner shall secure the insurance, and provide eneralB.2.1 G § INSURANCE OWNER’S .2B ARTICLE .for Construction2017, General Conditions of the Contract –Conditions refers to AIA Document A201™provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General and maintain insurance, and shall purchase Construction Manager The Owner and GENERAL .1B ARTICLE SPECIAL TERMS AND CONDITIONS ’S INSURANCE AND BONDS STRUCTION MANAGER OWNER’S INSURANCE GENERAL ARTICLES OF TABLE « » « »» TBD« and address) ,legal status(Name, :STRUCTION MANAGERTHE CON » Rochester, MN 55904 Street SE th 201 4« »« » City of Rochester« and address) ,(Name, legal status THE OWNER: « » » City of Rochester Parks and Forestry Relocation Project (CIP #3069) « and location or address) (Name :PROJECT for the following (In words, indicate day, month and year.) « »in the year « »day of « », dated the Construction ManagerThis Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the this document.as set forth in the footer of violation of copyright laws prohibited and constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING provisions.additional insurance 2017 contains –A201™Construction. Article 11 of the Contract for 2017, General Conditions of –h AIA Document A201™witto be used in conjunction This document is intended or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (795699050) User Notes: .docinfo@aiacontracts.commail -Terms of Service. To report copyright violations, e ®use only, and may only be used in accordance with the AIA Contract Documentstime -censed for oneis li sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis draft was Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.e of “The American Institute of Architects,” “American Institut 2019 Exhibit B. Copyright © 2019. All rights reserved. – AIA Document A133 Insurance and Bonds Exhibit B 2019 – ®Document A133 ®AIA 362 risks” property insurance, on a replacement cost basis, protecting the existing structure -ll the General Conditions, “a 12.2.2 of Sectionshall purchase and maintain, until the expiration of the period for correction of Work as set forth in rk involves remodeling an existing structure or constructing an addition to an existing structure, the Owner If the Wo Structures Existing for B.2.3.3 Insurance § .that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writingshall take no action with respect to partial occupancy or use Construction ManagerOwner and the of coverage. The .2.3.1 have consented in writing to the continuance B Sectioncompany or companies providing the insurance under partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance ny completed or The Owner’s occupancy or use of a Completion. Substantial to Prior Use or .2.3.2 OccupancyB § deductibles or retentions.insured retentions, the Owner shall be responsible for all loss not covered because of such -deductibles or self.2.3 is subject to B onSectiurance required by this If the ins Retentions. Insured-Self and B.2.3.1.4 Deductibles § 12.2.2 of the General Conditions. Sectionfor correction of the Work set forth in value of the Project that shall remain in effect until expiration of the period property insurance written for the total.2.3.1 with B Section.2.3.1 or, if necessary, replace the insurance policy required under B Sectionrequired by Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance B.2.3.1.3 § Limit-Sub Coverage limit for specific required coverages.)-(Indicate below type of coverage and any applicable sub :limits, if any, are as follows-ured loss, including claim preparation expenses. Subrequired as a result of such ins’s services and expenses Construction Manager requirements, and reasonable compensation for the Architect’s and nsurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal iloss or damage to falsework and other temporary structures, and to building systems from testing and startup. The .2.3.1 shall provide coverage for B Sectionrance required by this insuThe Coverages. Required Specific B.2.3.1.2 § Limit-Sub of Loss Cause limit.)-(Indicate below the cause of loss and any applicable sub :limits, if any, are as follows-materials. Subdamage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or for ensuing loss or resulting collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, .2.3.1 shall provide coverage for direct B Sectionthis insurance required byThe Loss. of B.2.3.1.1 § .payeessubcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss -and Sub, Subcontractors, Construction Managerall include the interests of the Owner, to this Agreement. This insurance sh.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties B SectionThe property insurance shall be maintained until Substantial Completion and thereafter as provided in by others.or equipment supplied materialsand labor performed and subsequent Modifications tract Sum, plus the value of replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial entire Project on a completed value or equivalent policy form and sufficient to cover the total value of the-insurance in the jurisdiction where the Project is located, property insurance written on a builder's risk “all insurance companies lawfully authorized to issue shall purchase and maintain, from an insurance company or .3.3.2.1, the Owner B Sectionpursuant to Construction Managerthis obligation is placed on the Unless § Insurance Property Required B.2.3 § Owner’s usual general liability insurance.The Owner shall be responsible for purchasing and maintaining the Insurance Liability .2.2B § 2 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 363 « » taxes, and insurance premiums over and above normal expenses. interest on loans, realtyrepairs, or reconstruction; and carrying costs such as property taxes, building permits, additional engineers, consultants, attorneys and accountants, needed for the completion of the construction, , including those of architects, construction loan fees; leasing and marketing expenses; additional feesWork, arising out of physical loss or damage covered by the required property insurance: including , to reimburse the Owner for costs due to the delay of completion of the sts Insurance.2.4.7 Soft CoB § \] « »\[ « » damage.due to physical prevention of ingress to, or egress from, the Project as a direct result of physical , for loss due to the necessary interruption of the insured’s business .2.4.6 Ingress/Egress InsuranceB § \] « »\[ « » under the required property insurance.prohibiting access to the Project, provided such order is the direct result of physical damage covered , for losses or costs arising from an order of a civil authority .2.4.5 Civil Authority InsuranceB § \] « »\[ « » loss or damage occurred.above the total costs that would normally have been incurred during the same period of time had no costs incurred during the period of restoration or repair of the damaged property that are over and e and necessary excess , to provide reimbursement of the reasonabl.2.4.4 Extra Expense InsuranceB § \] « »\[ « » property.damage to insured property, and to expedite the permanent repair or replacement of the damaged reasonable and necessary costs for the temporary repair of , for the .2.4.3 Expediting Cost InsuranceB § \] « »\[ « » repair, replacement or use of the Project.requirements of the enforcement of any law or ordinance regulating the demolition, construction, reasonable and necessary costs to satisfy the minimum , for the.2.4.2 Ordinance or Law InsuranceB § \] « »\[ « » covered cause of loss.Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a , to reimburse the ess Interruption, and Delay in Completion Insurance.2.4.1 Loss of Use, BusinB § \] « »\[ or other conditions in the fill point below the selected item.)the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage placing an X in the box(es) next to (Select the types of insurance the Owner is required to purchase and maintain by The Owner shall purchase and maintain the insurance selected and described below. Insurance. Property Extended .2.4 OptionalB § .insurance penalties-responsible for all coundertaking of the Work. The Owner shall be .2.3.1, notwithstanding the B Sections of loss identified in against direct physical loss or damage from the cause 3 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 364 « » period for correction of Work, state the duration.)equired to maintain insurance for a duration other than the expiration of the is rConstruction Manager (If the :below12.2.2 of the General Conditions, unless a different duration is stated Sectionfor correction of Work as set forth in shall maintain the required insurance until the expiration of the period Construction Manager Project is located. Tinsurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the shall purchase and maintain the following types and limits of insurance from an Construction Manager The § Coverage Insurance Required ’s Manager structionB.3.2 Con § .consultants, CG 20 32 07 04 Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s verage shall be no less than that provided by Insurance Services commercially available, the additional insured cogeneral liability insurance policies and shall apply to both ongoing and completed operations. To the extent contributory to any of the Owner’s -ions. The additional insured coverage shall be primary and noncompleted operat’s negligent acts or omissions for which loss occurs during Construction Managercaused in whole or in part by the ’s operations; and (2) the Owner as an additional insured for claims Construction Manageror omissions during the gligent acts ’s ne Construction Managerconsultants as additional insureds for claims caused in whole or in part by the cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s shall Construction Manager ed by law, the the fullest extent permitt Obligations. Insured B.3.1.3 Additional § .ManagerConstruction insured retentions applicable to any insurance required to be provided by the -deductible or selfshall disclose to the Owner any Construction Manager The tions.Reten Insured-Self and B.3.1.2 Deductibles § .’s Commercial General Liability and excess or umbrella liability policy or policies Construction Manager.3.3.1. The certificates will show the Owner as an additional insured on the B SectionB.3.2.1 and Sectionthereafter upon renewal or replacement of such coverage until the expiration of the periods required by including coverage for completed operations, shall be submitted with the final Application for Payment and ntinuation of commercial liability coverage, Owner’s written request. An additional certificate evidencing co commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the .3 at the following times: (1) prior to B with the requirements in this Articlethe Owner evidencing compliance shall provide certificates of insurance acceptable to Construction Manager The Insurance. of B.3.1.1 Certificates § B.3.1 General § BONDS AND INSURANCE ’S MANAGER STRUCTIONCON .3B ARTICLE Limits Coverage limits.)(List below any other insurance coverage to be provided by the Owner and any applicable .2.5.2 Other InsuranceB § \] « »\[ « » (Indicate applicable limits of coverage or other conditions in the fill point below.) idential or private information.including costs of investigating a potential or actual breach of conffor loss to the Owner due to data security and privacy breach, .2.5.1 Cyber Security InsuranceB § \] « »\[ the description(s) of selected insurance.)placing an X in the box(es) next to (Select the types of insurance the Owner is required to purchase and maintain by The Owner shall purchase and maintain the insurance selected below. Insurance. Optional .2.5 OtherB § 4 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 365 hazards arising from work on or near navigable waterways, including vessels and docks , as required, if the Work involves Compensation Act ’Longshore & Harbor Workers Jones Act, and § ) policy limit. « » « »employee, and h ) eac « » « ») each accident, « » « »Employers’ Liability with policy limits not less than § sation at statutory limits.Workers’ Compen § .limits only through the actual payment by the underlying insurersion of the underlying narrower coverage than the primary policy. The excess policy shall not require the exhaust.3.2.3, and in no event shall any excess or umbrella liability insurance provide B.3.2.2 and B Sectionrequired under in the same or greater coverage as the coverages such primary and excess or umbrella insurance policies result a combination of primary and excess or umbrella liability insurance, provided and Automobile Liability throughability may achieve the required limits and coverage for Commercial General Liager Construction ManThe § with any other statutorily required automobile coverage.of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along ) per accident, for bodily injury, death » ,000,0001« » One Million« , with policy limits of not less than ManagerConstruction owned vehicles used, by the -Automobile Liability covering vehicles owned, and non § .hazardsxplosion, collapse and underground hazards, where the Work involves such related to eClaims .11 ., where the Work involves such hazardsrelated to earth subsidence or movementClaims .10 .coatings or surfaces, if the Work involves such coatings or surfacesr insulation finish systems (EIFS), synthetic stucco or similar exterior related to exterioClaims .9 .related to roofing, if the Work involves roofingClaims .8 .performed on such a projectfamily, or other habitational projects, if the Work is to be -related to residential, multiClaims .7 .languageent or similar exclusionary or loss due to physical damage under a prior injury endorsemClaims .6 .or loss excluded under a prior work endorsement or other similar exclusionary languageClaims .5 .of the insured3.18 of the General Conditions arising out of injury to employees ctionSefor indemnity under Claims .4 Claims for bodily injury other than to employees of the insured. .3 was performed by a Subcontractor.completed operations hazard where the damaged Work or the Work out of which the damage arises -arising out of the products’s Work Construction ManagerClaims for property damage to the .2 fact that the claimant is an insured, and there would otherwise be coverage for the claim.aims by one insured against another insured, if the exclusion or restriction is based solely on the Cl .1 :contain an exclusion or restriction of coverage for the following.3.2.2 shall not B Section’s Commercial General Liability policy under this Construction ManagerThe B.3.2.2.2 § 3.18 of the General Conditions. Section’s indemnity obligations under onstruction Managerthe C .5 bodily injury or property damage arising out of completed operations; and .4 of such property;damages because of physical damage to or destruction of tangible property, including the loss of use .3 vertising injury;personal injury and ad .2 and death of any person;damages because of bodily injury, sickness or disease, including occupational sickness or disease, .1 coverage for claims includingcompleted operations hazard, providing -) aggregate for products » 00,000« » Two Million« aggregate, and ) general » 2,000,000« » Two Million« ) each occurrence, » 1,000,000« » One Million« of not less than Commercial General Liability insurance for the Project written on an occurrence form with policy limits B.3.2.2.1 § Liability General .3.2.2 CommercialB § 5 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 366 ) in the aggregate, for Work within fifty (50) feet of railroad property. « » « »claim and ) per « » « »than , with policy limits of not less.3.3.2.2 Railroad Protective Liability InsuranceB § \] « »\[ « » 11 of the General Conditions, indicate the responsible party below.)acting as the trustee of the proceeds of property insurance in accordance with Article the insurer andAdditionally, if a party other than the Owner will be responsible for adjusting and settling a loss with .2.3, indicate such differences in the space below. B Section Owner’s obligations as described under property insurance differs from the ’s obligation to provide Construction Manager(Where the the General Conditions unless otherwise set forth below:r and be the trustee of the proceeds of the property insurance in accordance with Article 11 of insureOwner shall adjust and settle the loss with the The required. property insurance policy or policies shall provide the Owner with a copy of the Construction Manager deductible. Upon request, the nd the Owner shall be responsible for losses within the Owner the amount of any deductible, ashall disclose to the Construction Manager .2.3 except to the extent provided below. The B Sectionshall comply with all obligations of the Owner under Construction Manager .2.3.3. The B Section.2.3.1.3 and B Section purchase and maintain such insurance except insurance required.3.3.2.1, relieves the Owner of the responsibility to B .3, which, if selected in this Section.2B Sectionirements identified in Property insurance of the same type and scope satisfying the requ .3.3.2.1B § \] « »\[ the appropriate fill point.)box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in is required to purchase and maintain by placing an X in the Construction Manager (Select the types of insurance the .3.3.1.B Sectionaccordance wishall purchase and maintain the following types and limits of insurance in Construction Manager The .3.3.2B § « » e expiration of the period for correction of Work, state the duration.)other than this required to maintain any of the types of insurance selected below for a duration Construction Manager (If the :12.2.2 of the General Conditions, unless a different duration is stated below Sectionas set forth in iod for correction of Work shall maintain the required insurance until the expiration of the perConstruction Manager insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The .3.3 shall be purchased from an insurance company or B Sectiond and described in this Insurance selecte § Coverage Insurance Other ’s Manager onstruction § .) in the aggregate « » « ») per claim and « » « »than its of not less with policy limInsurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, B.3.2.12 § .) in the aggregate « » « ») per claim and « » « »than activities, with policy limits of not less requires such Insurance for maritime liability risks associated with the operation of a vessel, if the Work B.3.2.11 § .) in the aggregate « » « ») per claim and « » « »and Pollution Liability insurance policy, with combined policy limits of not less than .3.2.9 may be procured through a Combined Professional LiabilityB.3.2.8 and Bunder Sections Coverage B.3.2.10 § in the aggregate.) « » « ») per claim and « » « »shall procure Pollution Liability insurance, with policy limits of not less than Construction Manager If the Work involves the transport, dissemination, use, or release of pollutants, the § ) in the aggregate. » 2,000,000« » Two Million« ) per claim and » 1,000,000« » ne MillionO« services, with policy limits of not less than shall procure Professional Liability insurance covering performance of the professional Construction Manager is required to furnish professional services as part of the Work, the Construction Manager If the B.3.2.8 § 6 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 367 « » Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: DITIONSCON AND TERMS SPECIAL B.4 ARTICLE contain provisions identical to AIA Document A312™, current as of the date of this Agreement.Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or Performance Bond BondPayment Penal Sum ($0.00) Type (Specify type and penal sum of bonds.) :surety bonds in the jurisdiction where the Project is located, as followsshall provide surety bonds, from a company or companies lawfully authorized to issue Construction Manager The Bond Payment and Bond Performance B.3.4 § Limits Coverage applicable limits.)and any struction Manager(List below any other insurance coverage to be provided by the Con Other Insurance .3.3.2.6B § \] « »\[ d other equipment.and used on the Project, including scaffolding anConstruction Manager the risks” completed value form, covering property owned by -Property insurance on an “all .3.3.2.5B § \] « »\[ risks” completed value form.-construction site on an “all transit to the Insurance for physical damage to property while it is in storage and in .3.3.2.4B § \] « »\[ containing materials.-handling, storage, transportation, and disposal of asbestos) in the aggregate, for liability arising from the encapsulation, removal, « » ($ « »claim and ) per « » « », with policy limits of not less than .3.3.2.3 Asbestos Abatement Liability InsuranceB § \] « »\[ 7 (795699050) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 10:22:54 ET on 04/12/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019 Exhibit B. Copyright © 2019. All rights reserved. – A133 AIA Document 368 The Owner and Construction Manager agree as follows. « » « » « » « »« » )and other information ,legal status, address(Name, The Architect: « » » utilization. Transit into a campus environment for increased efficiency, collaboration, and space nd will serve to consolidate Public Works, Parks & Forestry, and Public (PWTOC) arelocated to the current location of the Public Works Transit Operations Center of the Parks and Forestry Department. The Parks and Forestry department will be The project consists of new construction and remodeling associated with the relocation « » City of Rochester Parks and Forestry Relocation Project (CIP #3069) « ), and detailed descriptionlocation ,(Name for the following Project: « » « » « » « »« » )and other information ,legal status, address(Name, and the Construction Manager: » 2900-328-507« » Rochester, MN 55904« » Street SE th 201 4« »« » City of Rochester « )and other information ,legal status, address(Name, the Owner: BETWEEN and year.) ,indicate day, month(In words, « »in the year « »day of « »made as of the AGREEMENT this document.the footer of as set forth in violation of copyright laws prohibited and constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING document is modified.conditions unless this with other general by reference. Do not use is adopted in this document ract for Construction, General Conditions of the 2017, –AIA Document A201™ or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1953318518) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®mentstime use only, and may only be used in accordance with the AIA Contract Docu-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis merican Institute of Architects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The A“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – AIA Document A133 Guaranteed Maximum PriceCost of the Work Plus a Fee with a where the basis of payment is the Manager as ConstructorStandard Form of Agreement Between Owner and Construction 2019 – ®Document A133 ®AIA 369 »741334083465 (Lot B) directly to the east of the current facility. and to plan for future growth, the City is currently considering the purchase of Parcels 741334083464 (Lot A) and It is located between Highway 52, Highway 63, and County Road 22 loop. In order to support the needs of this projectRochester Public Transit, maintenance bays for city vehicles, a fueling station, fueling island, wash bay, and a bus wash. er Public Works, with additional unheated accessory structures. The building currently provides space for RochestThe existing PWTOC on East River Road is a 355,486 square foot facility that is located on approximately 35 acres « ices; legal description of the site, etc.)and private utilities and servdimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public describe pertinent information about the Project’s physical characteristics, such as size; location; (Identify or The Project’s physical characteristics: 1.1.2 § » « which the program will be developed.)(Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in :as described in Section 4.1.1 ,ct The Owner’s program for the Proje 1.1.1 § execution.”)(For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of This Agreement is based on the Initial Information set forth in this Section 1.1. 1.1 § INFORMATION 1 ARTICLE INSURANCE AND BONDS BEXHIBIT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT SCOPE OF THE AGREEMENT 15 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION 13 DISPUTE RESOLUTION 12 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 11 ACCOUNTING RECORDS 10 SSUBCONTRACTS AND OTHER AGREEMENT 9 DISCOUNTS, REBATES, AND REFUNDS 8 COST OF THE WORK FOR CONSTRUCTION PHASE 7 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 6 PHASE SERVICESCOMPENSATION AND PAYMENTS FOR PRECONSTRUCTION 5 OWNER’S RESPONSIBILITIES 4 CONSTRUCTION MANAGER’S RESPONSIBILITIES 3 GENERAL PROVISIONS 2 INITIAL INFORMATION 1 ARTICLES OF TABLE 2 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 370 2026--«507 » , Facilities ConsultantScot Ramsey« « » » « zwood@rochestermn.gov 2027 »--« 507 « Rochester, MN 55904 » Street SE » th« 201 4 of Facilities and Property »Zack Wood, Manager « information.)contact and other ,(List name, address :The Owner identifies the following representative in accordance with Section 1.1.8 § » « entify special characteristics or needs of the Project not provided elsewhere.)(Id Other Project information: 1.1.7 § .the Sustainable Objective2019 into the agreements with the consultants and contractors performing services or Work in any way associated with –the Owner and Construction Manager shall incorporate the completed E234 2019 is incorporated into this agreement,–into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234 2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, –Document E234™incorporate AIA complete and shall If the Owner identifies a Sustainable Objective, the Owner and Construction Manager § » Beyond (B3) guidelines State of Minnesota Buildings, Benchmarks, and« Sustainable Objective for the Project, if any.)Identify and describe the Owner’s ( The Owner’s anticipated Sustainable Objective for the Project: 1.1.6 § » « track scheduling or phased construction.)-(Identify any requirements for fast :are set forth below ,scheduling, or phased constructiontrack -The Owner’s requirements for accelerated or fast 1.1.5 § » « Other milestone dates: .4 » Fall 2026« Substantial Completion date or dates: .3 » Spring 2025« Construction commencement date: .2 » Design completion: November 2024« Design phase milestone dates, if any: .1 The Owner’s anticipated design and construction milestone dates: 1.1.4 § » 30,000,000 The Owner’s budget for construction is $« (Provide total and, if known, a line item breakdown.) :Article 6 , as definedGuaranteed Maximum Price The Owner’s budget for the 1.1.3 § 3 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 371 required under Section 3.1.9:n Services, as The Owner’s requirements for the Construction Manager’s staffing plan for Preconstructio 3 1.1.1 § « » « » « » « » « » » « information.)contac t and other (List name, address :Article 3identifies the following representative in accordance with Construction ManagerThe 21.1.1 § « » « » « » « » « » » « (List name, address, and other contact information.) representative:’s The Architect 11.1.1 § » « other consultants retained by the Owner, such as a Project or Program Manager.)(List any Other, if any: .3 « » « » « » « » »« » « Civil Engineer: .2 « » « » « » « » »« » « Geotechnical Engineer: .1 (List name, legal status, address, and other contact information.) the following consultants and contractors: The Owner shall retain 101.1. § » « information.)contact (List name, address and other ’s submittals to the Owner are as follows:ManagerConstruction The persons or entities, in addition to the Owner’s representative, who are required to review the 1.1.9 § « » « » « » » sramsey@rochestermn.gov 4 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 372 .7 shall mean the Construction Manager120–as used in A201 ”Contractor“The term . Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing LawInformation; Section 3.12.10, 4, Confidential 2.Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital shall apply as modified, truction, Cons7, General Conditions of the Contract for 120–For the Preconstruction Phase, AIA Document A201™ 2.3.1 § Conditions .3 General2 § .in accordance with the requirements of the Contract Documentson Manager and to make payments to the Construction Manager timely manner, information required by the Constructis interests. The Owner agrees to furnish or approve, in a ’expeditious and economical manner consistent with the Ownerall times an adequate supply of workers and materials; and to perform the Work in an supervision; to furnish at and ,furthering the interests of the Owner to furnish efficient construction administration, management servicess skill and judgment in ’with the Owner to cooperate with the Architect and exercise the Construction Managerenants Construction Manager accepts the relationship of trust and confidence established by this Agreement and covThe the of .2 Relationship2 § responsibilities, capabilities, staffing, schedule or other relevant service.ty as to Construction Manager’s Manager’s response to the Request for Proposals shall apply to remove the ambigui If any ambiguity exists regarding the responsibilities of Construction Manager in the Contract Documents, Construction ents, other than a Modification, appears in Article 15.An enumeration of the Contract Docum. Agreement shall governother Contract Documents, other than a Modification, is inconsistent with this Agreement, this oral. If anything in thersedes prior negotiations, representations or agreements, either written or agreement between the parties hereto and supe. The Contract represents the entire and integrated 82.3.Architect and furnished by the Owner as described in Section and revisions prepared by the 3.2.3 and identified in the Guaranteed Maximum Price Amendmentdescribed in Section roposal, the Contract Documents will also include the documentsp Construction Manager’s Guaranteed Maximum Price pon the Owner’s acceptance of the U .attached to this Agreement or repeated herein fully a part of the Contract as ife as all of which form the Contract and ar ,this Agreement, and Modifications issued after execution of this AgreementConditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in Supplementary and other Contract Documents consist of this Agreement, Conditions of the Contract (General,The Documents Contract .1 The2 § PROVISIONS GENERAL 2 ARTICLE notice to the other party.he Construction Manager’s representative shall be changed without ten days’ prior Neither the Owner’s nor t 1.3 § construction milestones, as necessary, to accommodate material changes in the Initial Information.Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and pensation. The adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s com such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately Both parties, however, recognize that The Owner and Construction Manager may rely on the Initial Information. 1.2 § » for Qualifications and Request for Proposals Owner’s Request « Agreement is based: isOther Initial Information on which th 51.1.1 § « » ).for subcontractor procurement specific requirements-Owner(List any :.comply with Minnesota Statutes, Section 471.463, subd. 5(b)response to the Project RFP and submitted in process subcontractor procurement described Construction Manager’s incorporateshall e of the Workperformancfor the of Subcontractor(s) procurement Construction Manager’s subcontractor The Owner’s requirements for 4 1.1.1 § » « specific requirements to be included in the staffing plan.)-(List any Owner 5 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 373 phased construction. The Construction Manager sequencing for track scheduling, procurement, -accelerated or faste recommendations with regard to shall provid , in consultation with the Architect,Construction ManagerThe Construction Phased 5.1.3 § .and the occupancy requirements of the Owner; ordering and delivery of products, including those that must be ordered in advance of construction; ractorSubcont eachGuaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of s timely completion. The updated Project schedule shall include the following: submission of the ’the Projectitems that affect identifyand ;s responsibilities’services, and the Owner ’s services, other Owner consultants’Architects services, the ’s services. The Project schedule shall coordinate and integrate the Construction Manager’Architectt schedule relating to the performance of the s approval for the portion of the Projec’Manager shall obtain the Architects acceptance. The Construction ’s review and the Owner’and periodically update a Project schedule for the Architectn sufficiently identified, the Construction Manager shall prepare .1.1 have bee4 tionProject requirements in SecWhen Schedule 3.1.4 Project § .Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data2013, Building Information Modeling and –AIA Document E203™ usthe Project, and digital data protocols for in establishing building information modeling and Architect Manager shall assist the Owner ConstructionThe § .services to be provided by the Construction Manager during the Construction PhaseThe Construction Manager shall consult with the Architect regarding professional e cost reductions.data, and possiblcycle -construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, lifeand factors related to prefabrication; ;time requirements for procurement, installation and construction ;laboravailability of materials a ;on constructability , consistent with the Project requirements,to the Owner and Architect The Construction Manager shall also provide recommendationsand equipment. ,selection of materials, building systemsse and improvements, The Construction Manager shall advise the Owner and Architect on proposed site u § on, and scheduling of the Work.matters as procedures, progress, coordinatiManager shall schedule and conduct meetings with the Architect and Owner to discuss such The Construction § Consultation 3.1.3 § ts, each in terms of the other.construction budget requiremen The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and .2.13 § form as the Architect may require. known to the Construction Manager as a request for information in suchConstruction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made des, rules and regulations, or lawful orders of public authorities, but the applicable laws, statutes, ordinances, coConstruction Manager is not required to ascertain that the Drawings and Specifications are in accordance with guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The The Construction Manager, however, does not warrant .Construction Managerservices and information furnished by the of , and timelinesscompleteness ,the accuracy , and shall not be responsible for,Architect shall be entitled to rely onOwner and e Thperforming its Preconstruction Services. The Construction Manager shall exercise reasonable care in Responsibility of 3.1.1 Extent § Phase .1 Preconstruction3 § .behalf of the Construction Manager with respect to the Projecttative authorized to act on The Construction Manager shall identify a represen both phases will proceed concurrently. ,Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which caseruction Manager may agree, in consultation with the The Owner and Const.3. 3responsibilities are set forth in Section s Construction Phase ’. The Construction Manager2017 referenced in Section 2.3.1-applicable provisions of A201, and in the .23.1 and 3uction Phase responsibilities are set forth in Sections s Preconstr’Construction ManagerThe RESPONSIBILITIES MANAGER’S CONSTRUCTION 3 ARTICLE .the Construction Manager7 shall mean 120–as used in A201 ”Contractor“which document is incorporated herein by reference. The term modified 120–et forth in A201For the Construction Phase, the general conditions of the contract shall be as s 2.3.2 § 6 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 374 .shall thereafter accept responsibility for themPrice, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager anager. Upon the establishment of the Guaranteed Maximum terms and conditions acceptable to the Construction Mto procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on ry of materials that must be ordered in advance of construction. If the Owner agrees coordinate the ordering and deliveschedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and s acceptance, a procurement ’s review and the Owner’for the Architect ,Construction Manager shall prepareThe 3.1.12 Procurement § .Phase Preconstruction The processes described in Article 9 shall apply if bid packages will be issued during .313.1.1 § ., subd. 5(b)Statutes Section 471.763, in accordance with Minnesota interest in the Project ’develop biddersThe Construction Manager shall .213.1.1 § .approval Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and has provided requirements for subcontractor procurement in section 1.1.14, the Construction the Owner 3.1.11.1 § Suppliers and Subcontractors 11.1.3 § attached to this Agreement.Construction Manager as Constructor Edition, , Sustainable Projects Exhibit, 9–4™3responsibilities as required in AIA Document E2Preconstruction Phase fulfill its Construction Manager shall If the Owner identified a Sustainable Objective in Article 1, the 3.1.10 § review and approval.ervices for the Owner’s Phase sfor Preconstruction The Construction Manager shall provide a staffing plan 9.1.3 § facilities. temporary Project , andservices ,regarding equipment, materialsThe Construction Manager shall provide recommendations and information to the Owner and Architect 8.1.3 § s approval.’s review and the Owner’for the Architect, schedules constructability regardingrecommendations Construction Documents, the Construction Manager shall consult with the Owner and Architect and make As the Architect progresses with the preparation of the Schematic Design, Design Development and 7.1.3 § .e cost estimatesthe Architect shall work together to reconcile th between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and t is providing cost estimating services as a Supplemental Service, and a discrepancy exists If the Architec 6.3.1.3 § .and make recommendations for corrective action, the latest approved Project budget sexceedthe Work in the event that the estimate of the Cost of the Owner and Architect informapproval. The Construction Manager shall s ’he Owners review and t’estimate shall be provided for the Architect. The rice for the WorkPGuaranteed Maximum until such time as the Owner and Construction Manager agree on a price escalation, and market conditions,llow for the further development of the design, The Construction Manager shall include in the estimate those costs to a. increasing detail and refinement withestimate of the Cost of the Work Owner, Construction Manager and Architect, hall prepare and update, at appropriate intervals agreed to by the Construction Documents, the Construction Manager sthe Architect progresses with the preparation of the Schematic Design, Design Development and .26.1.3 § .evaluations of those alternative materials and systemse Construction Manager shall provide cost alternative materials and systems, th ssuggestConstruction Manager or similar conceptual estimating techniques. If the Architect ,program requirements using area, volumecost of the preliminary estimates of the Cost of the Work or ,s approval’Ownerthe s review and ’for the Architect ,shall prepareand other design criteria prepared by the Architect, the Construction Manager preliminary design onBased .16.1.3 § Estimates Cost 6.1.3 § .procurement and construction scheduling issuesand ,facilities shall take into consideration cost reductions, cost information, constructability, provisions for temporary 7 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 375 mptions upon which it is based.ion and assuinformatGuaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The anager shall execute the Guaranteed acceptance of a Guaranteed Maximum Price, the Owner and Construction MPrice proposal shall be deemed effective without further acceptance from the Construction Manager. Following e specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum proposal in writing before the datIf the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price .2.63 § .Guaranteed Maximum Price proposal, its basis, or bothanager, who shall make appropriate adjustments to the presented, they shall promptly notify the Construction MArchitect discover any inconsistencies or inaccuracies in the information orproposal. In the event that the Owner nager shall meet with the Owner and Architect to review the Guaranteed Maximum Price Construction MaThe .2.53 § .included in a Change Orderotherwise allocated to another line item or but not Guaranteed Maximum Pricethat are included in the s exclusive use to cover those costs ’contingency for the Construction Manager ainclude ger shall proposal, the Construction Mana uaranteed Maximum Price’preparing the Construction Manager .2.43 § t the Guaranteed Maximum Price.A date by which the Owner must accep .5 based; andntial Completion upon which the proposed Guaranteed Maximum Price is The anticipated date of Substa .4 ;s Fee’the Construction Managerand ;contingency set forth in Section 3.2.4; the Construction Manager’s allowancesincluding , or systems organized by trade categoriesthe Work ost Cincluding a statement of the estimated proposed Guaranteed Maximum Price, statement of the A .3 ;.2.23Guaranteed Maximum Price proposal, including assumptions under Section Manager in the preparation of the list of the clarifications and assumptions made by the Construction A .2 Contract;A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the .1 basis, which shall include the following: The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its .2.33 § .or equipment, all of which, if required, shall be incorporated by Change Order ,of materials, finishesfrom. Such further development does not include changes in scope, systems, kinds and quality reasonably inferable theresuch further development consistent with the Contract Documents and includes the costs attributable toMaximum Price the Guaranteed ,are anticipated to require further development Contract Documentsthe extent that the .2.23 § described in Section 6.1.2. s Fee’Managerand the Construction , the Construction Manager’s contingency described in Section 3.2.4,the Cost of the Works estimate of ’he Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manageracceptance. T the Owner’s and ,review and Architect’s s ’shall prepare a Guaranteed Maximum Price proposal for the Ownera time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager .2.13 § Proposal Price Maximum Guaranteed.2 3 § « » etc.)information management system, early selection or procurement of subcontractors, development of a project cash flow projections, ervices, such as providingPhase sDescribe any other Preconstruction ( attached to this document reference an exhibit, s to be provided by the Construction ManagerervicePhase sany other Preconstruction Insert a description of 3.1.14 Other Preconstruction Services § .governmental authorities-d by governmental and quasier programs as may be requireopportunity programs, and othperformance under this Contract, and with equal employment its lawful orders of public authorities applicable to Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and e Th Laws with Compliance 13.1.3 § 8 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 376 and site requirements.sustainability ,schedule, space requirements and relationships, flexibility and expandability, special equipment, systemstraints, and criteria, including the Project, including a written program which shall set forth the Owner’s objectives, cons The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on .1.14 § Owner the of Required Services and Information.1 4 § RESPONSIBILITIES OWNER’S 4 ARTICLE .above 3.3.2.3 tionshall provide this information in its monthly reports to the Owner and Architect, in accordance with Secand ,nd estimated costs and report the variances to the Owner and Architectshall identify variances between actual acosts for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager anager shall develop a system of cost control for the Work, including regular monitoring of actual Construction MThe Control Cost .53.3.2 § .the Ownerrequired by information, accidents, injuries, and other that might affect progress of the work, problems site , identification of equipmenton site , number of workersin progressWork portions of the of weather,for each day a daily log containing a record , and make available to the Owner and Architect,keep Construction Manager shallThe Logs 3.3.2.4 Daily § .percentages of completion and other information required by the Ownerand Architect, showing Owner, the Construction Manager shall submit written progress reports to the Owner Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the The Report 3.3.2.3 Monthly § .7120–Section 3.10 of A201with submittal schedule in accordance construction schedule for the Work and a t to the Owner and Architect a and submiAmendment, the Construction Manager shall prepare Guaranteed Maximum Pricethe execution of the Upon 2.3.2.3 § .wner and Architectto the Oof the meetings distribute minutes The Construction Manager shall prepare and promptly . progress, coordination, scheduling, and status of the WorkConstruction Manager shall schedule and conduct meetings to discuss such matters as procedures, The 1.3.2.3 § .3.2 Administration3 § .Amendmentinsurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price , and any tten agreement shall set forth a description of the Work to be performed by the Construction ManagerThe wriAmendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties. Price of the Guaranteed Maximum executions ’Construction Phase shall commence upon the OwnerThe .3.1.23 § of the Construction Phase. commencement7, the date of commencement of the Work shall mean the date of 120–For purposes of Section 8.1.2 of A201 .3.1.13 § .3.1 General3 § Phase .3 Construction3 § .Amendment is executed Guaranteed Maximum Pricetime the r or not yet effective, at the taxes for the Work provided by the Construction Manager that are legally enacted, whetheConstruction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar The .2.93 § .Contract DocumentsAmendment and the revised riceGuaranteed Maximum Pupon assumptions and clarifications contained in the -agreedOwner and Architect of any inconsistencies between the to the Construction Manager. The Construction Manager shall notify the Contract Documentsrevised suchfurnish promptly Amendment. The Owner shall Guaranteed Maximum Priceassumptions and clarifications contained in the upon -incorporate the agreed Contract Documents thatthe preparation of revisions toOwner shall authorize The .2.83 § .such costswritten authorization for , unless the Owner provides prior execution of the Guaranteed Maximum Price AmendmentConstruction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the The .2.73 § 9 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 377 .s authorized representative’means the Owner or the Owner ”Owner“The term authority. 7, the Architect does not have such 120–4.2.1 of A201 otherwise provided in Section Except as. Council Owner’s request a decision from the ptlyprom, the Owner’s representative shall authority exceeds the Owner’s representative’s To the extent a decision 2017, as modified.-on 2.1.1 of the A201extent of and limitation on authority as set forth in Sectihave the The Owner’s representative shall unreasonable delay in the services or Work of the Construction Manager.ll render decisions promptly and furnish information expeditiously, so as to avoid s representative sha’Owner. The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the ProjectThe Representative Designated .2 Owner’s 4 § attached to this Agreement.Construction Manager as Constructor Edition, 2019, Sustainable Projects Exhibit, –required in AIA Document E234™If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as 5 64.1. § .s written request for such information or services’uction Managerafter receiving the Constrs performance of the Work with reasonable promptness ’s control and relevant to the Construction Manager’the OwnerContract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Construction Phase, the Owner shall furnish information or services required of the Owner by the During 4 5.1.4 § .subsoil conditions, with written reports and appropriate recommendationsstivity tests, including necessary operations for anticipating materials, seismic evaluation, ground corrosion tests and resitest borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous includeal engineers, which may es are requested, shall furnish services of geotechnicOwner, when such servicThe .334.1.4 § .benchmarkand below grade, including inverts and depths. All the information on the survey shall be referenced to a Project information concerning available utility services and lines, both public and private, above improvements and trees; and necessary data with respect to existing buildings, other other contours of the site; locations, dimensions and way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and -of-drainage; rightsadjacent applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; legal description of the site. The surveys and legal information shall include, as written the site of the Project, and a s for Owner shall furnish surveys describing physical characteristics, legal limitations and utility locationThe .234.1.4 § .materialsparties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous y the required by law and as otherwise agreed to b ,and reports ,Owner shall furnish tests, inspectionsThe .134.1.4 § relating to the safe performance of the Work.ccuracy of information and services furnished by the Owner but shall exercise proper precautions entitled to rely on the aConstruction Manager shall be the The Subject to written disclaimer or qualification from the Owner as to accuracy, reasonable promptness after receiving the Construction Manager’s written request for such information or services. with information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work furnish the following information or services with reasonable promptness. The Owner shall also furnish any other ase, the Owner shall During the Preconstruction Ph Structural and Environmental Tests, Surveys and Reports.3 4 .1.4 § .s scope and quality’Construction Manager, shall thereafter agree to a corresponding change in the Projecte Owner and the Architect, in consultation with the Owner shall notify the Construction Manager and Architect. Ths budget for the Cost of the Work, the ’all of these costs. If the Owner significantly increases or decreases the Ownerand (3) reasonable contingencies related to ,s other costs’(2) the Owner 7,Article for the Cost of the Work as defined in s budget for the Project, including (1) the budget ’Owner shall establish and periodically update the OwnerThe 2 3.1.4 § .2017 Section 2.2-information as set forth in A201struction Manager may request such the After execution of the Guaranteed Maximum Price Amendment,s obligations under the Contract. ’Ownerwriting that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Construction Manager may request in , theAmendment of the Guaranteed Maximum Price executionto the Prior .1.24 § 10 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 378 The Construction Manager’s Fee: 2.1.6 § .plus the Construction Manager’s Fee 7Sum is the Cost of the Work as defined in Article The Contract Guaranteed Maximum Price Amendment. Manager’s performance of the Contract after execution of the The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction .16.1 § Sum 6.1 Contract § SERVICES PHASE CONSTRUCTION FOR COMPENSATION 6 ARTICLE » r annumpe« % » 4.00« (Insert rate of monthly or annual interest agreed upon.) business of the Construction Manager.the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of hall bear interest at ) days after the invoice date s » 35« ( » five-thirty« and not subject to a good faith dispute unpaidamounts Amounts Payment of Local Government Bills, Minnesota Statutes, Section 471.425 (“Prompt Payment Act”), Pursuant to the Prompt Manager’s invoice. Payments are due and payable upon presentation of the Construction .2.25 § oportion to services performed.Unless otherwise agreed, payments for services shall be made monthly in pr .2.15 § .2 Payments5 § es shall be equitably adjusted.ction Phase serviccompensation for Preconstru) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s » 12« ( » twelve« If the Preconstruction Phase services covered by this Agreement have not been completed within .1.35 § .parties execute a Modificationas sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the nefits such assessments and benefits and, for personnel not covered by collective bargaining agreements, customary beas required by law or collective bargaining agreements, for taxes, insurance, contributions, Construction Manager,costs to be paid or incurred by the Hourly billing rates for Preconstruction Phase services include all § Rate Positionor Individual « » (If applicable, attach an exhibit of hourly billing rates or insert them below.) s and Subcontractors, if any, are set forth below.Manager’s Consultant The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction » « (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) :shall compensate the Construction Manager as follows, the Owner 3.1 and 3.2in Sections described s Preconstruction Phase services’the Construction ManagerFor .1.15 § .1 Compensation5 § SERVICES PHASE PRECONSTRUCTION FOR PAYMENTS AND COMPENSATION 5 ARTICLE .agreement Architect’s scope of services in the further modifications to the executed agreement between the Owner and the Architect, and any scope of services in thea copy of the with Manager . The Owner shall provide the Construction Agreementservices under this Preconstruction and Construction Phase including any additional services requested by the Construction Manager that are necessary for the as modified, Edition, Construction Manager as Constructor Agreement Between Owner and Architect, , Standard Form of1920–3™3B1Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document The .3 Architect4 § .s needs and interests’may be reasonably necessary at any time for the Project to meet the Ownerthat services,Owner shall furnish all legal, insurance and accounting services, including auditing The .2.1 Legal Requirements.4 § 11 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 379 .of this Agreement .2.16s Fee as defined in Section ’shall mean the Construction Manager ”“of this Agreement and the term Article 7 7 shall mean the Cost of the Work as defined in 120–of AIA Document A201Article 7 as used in ”costs“and ”cost“calculating adjustments to the Guaranteed Maximum Price, the terms .3.46 § .accordance with the terms of those subcontracts subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in justments to 2017, as they refer to “cost” and “fee,” and not by Articles 6 and 7 of this Agreement. Ad–Article 7 of A201Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with .3.36 § .the Contract for Construction7, General Conditions of 120–Document A201of AIA Article 7may be determined by any of the methods listed in Amendment Guaranteed Maximum Priceof the to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution justments Ad .3.26 § .General Conditions of the Contract for Construction2017, –The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201 § .Workequitable adjustment in the Contract Time as a result of changes in the be entitled to an Construction Manager Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The may, without invalidating the Contract, order changes in the Work within the general scope of the OwnerThe .3.16 § Work the in .3 Changes6 § and added to this Contract as Exhibit A. Projectof bids for the construction award savings. The Guaranteed Maximum Price (“GMP”) will be established after contingency due to Construction Manager e remaining thGuaranteed Maximum Price, the Owner shall receive 100% of To the extent the total cost of construction is less than the Construction Manager without reimbursement by the Owner.would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Costs which . Contract Documentssubject to additions and deductions by Change Order as provided in the Amendment, Guaranteed Maximum Pricein the Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth The Price Maximum .2 Guaranteed6 § « » (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) Other: 6.1.7 § » « and conditions for liquidated damages, if any.)(Insert terms :Liquidated damages, if any 6.1.6 § rate paid at the place of the Project.rental standard %) of the » « percent ( » «owned equipment shall not exceed -Rental rates for Construction Manager 5.1.6 § » « its portion of the Work:Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of 4.1.6 § » « The method of adjustment of the Construction Manager’s Fee for changes in the Work: 3.1.6 § » « determining the Construction Manager’s Fee.)(State a lump sum, percentage of Cost of the Work or other provision for 12 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 380 completion of s property at the’reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner4.1 in excess of those actually installed to allow for 7.of materials described in the preceding Section Costs .4.27 § .in the completed construction ,incorporatedor to be ,of materials and equipment incorporated ,at the site including transportation and storageCosts, .4.17 § Construction Completed the in Incorporated Equipment and Materials of .4 Costs7 § .and this Agreement made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontractsPayments Costs .3 Subcontract7 § .unchanged throughout the duration of this Agreement, unless the parties execute a Modificationrates shall remain If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the .2.57 § ..2.372.1 through 7.provided such costs are based on wages and salaries included in the Cost of the Work under Sections lidays, vacations and pensions, agreements, customary benefits such as sick leave, medical and health benefits, ho collective bargainingtaxes, insurance, contributions, assessments and benefits and, for personnel not covered by for ,required by law or collective bargaining agreements ,paid or incurred by the Construction ManagerCosts .2.47 § .Work, but only for that portion of their time required for the Work, in expediting the production or transportation of materials or equipment required for the while travelingworkshops or ries, s supervisory or administrative personnel engaged at facto’and salaries of the Construction ManagerWages .2.37 § « » Work.)(Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the ted below:to the personnel and activities lisWork and stationed at a location other than the site, but only for that portion of time required for the Work, and limited r salaries of the Construction Manager’s supervisory and administrative personnel when performing Wages o 7.2.2.1 § .s prior approval’with the Owner, and performing Worksite s supervisory and administrative personnel when stationed at the ’or salaries of the Construction ManagerWages .2.27 § as long as it is directly related to the Project.location . This includes labor provided from any Construction Manager at Risk Fee Summary – Work per Exhibit ___ Reimbursement Rates for site workshops.-construction of the Work at the site or, with the Owner’s prior approval, at off ction Manager to perform the of construction workers directly employed by the Constru or salaries Wages .2.17 § Costs .2 Labor7 § approval of the Owner.Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior 3.1.7 § g the cost.prior to incurrinin writing approval suchManager shall obtain s prior approval, the Construction ’any cost is subject to the Owner , pursuant to the Contract Documents,Where .1.27 § .Work shall include only the items set forth in Sections 7.1 through 7.7performance of the Work. The Cost of the term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper The .1.17 § Reimbursed Be to .1 Costs7 § PHASE CONSTRUCTION FOR WORK THE OF COST 7 ARTICLE .ed accordinglyand the Guaranteed Maximum Price shall be adjusts Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, ’Managerwill cause substantial inequity to the Owner or Construction Manager, the Construction .3Section 6.1provisions of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment s Fee in the case of ’for adjustment of the Construction Manager Section 6.1.3specific provision is made in If no .3.56 § 13 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 381 .ed Maximum Price Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guarante 2017. The costs of legal defenses, judgments, and settlements shall not be included in the –3 of AIA Document A201formation to the Architect as required by Article patent, and the Construction Manager failed to promptly furnish such inManager had reason to believe that the required design, process, or product was an infringement of a copyright or a f settlements made with the Owner’s consent, unless the Construction from such suits or claims, and payments oContract Documents, payments made in accordance with legal judgments against the Construction Manager resulting cost of defending suits or claims for infringement of patent rights arising from requirements of the e Th 7.6.5.1 § .Documentsrequired by the Contract ,or product ,and license fees paid for the use of a particular design, processRoyalties 7.6.5 § .7.provisions of the Contract Documents, and which do not fall within the scope of Section 7 or by other 120–of AIA Document A201 under Article 13nonconforming Work for which reimbursement is excluded except those related to defective or ;of laboratories for tests required by the Contract DocumentsFees .6.47 § .Documents to payConstruction Manager is required by the Contract for which the ,and inspections ,and for other permits, licenses ,and assessments for the building permitFees .6.37 § .Construction Manager is liablethat are related to the Work and for which the ,thorityimposed by a governmental au ,or similar taxes ,Sales, .6.27 § Owner’s prior approval.Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the 7.6.1.2 § Documents, with the Owner’s prior approval.tract insurance, for either full or partial amounts of the coverages required by the Con-Costs for self 7.6.1.1 § .attributed to this ContractPremiums for that portion of insurance and bonds required by the Contract Documents that can be directly .6.17 § Costs .6 Miscellaneous7 § .s prior approval’Ownerof materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Costs 5.5.7 § .the Construction Manager’s site office, including general office equipment and supplies ofCosts .5.47 § Costs of removal of debris from the site of the Work and its proper and legal disposal. .5.37 § .price of any comparable itemmay not exceed the purchase such equipmenty The total rental cost of an shall be subject to the Owner’s prior approval. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, . such temporary facilities, machinery, equipment, and hand tools of minor repairs, and removaldismantling, installation, costs of transportation, the and ,construction workers that are provided by the Construction Manager at the siteand hand tools not customarily owned by ,or temporary facilities, machinery, equipmentcharges fRental .5.27 § .used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market valueue of the item at the time it is first used on the Project site less the value of the item when it is no longer the cost or valshall be based on ,that are not fully consumed ,and tools ,materials, supplies, temporary facilities, machinery, equipmentprovided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of that are temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers maintenance, and removal of materials, supplies, dismantling, of transportation, storage, installation, Costs .5.17 § Items Related and Facilities raryTempo Equipment, and Materials Other of .5 Costs7 § .shall be credited to the Owner as a deduction from the Cost of the Works option, shall be sold by the Construction Manager. Any amounts realized from such sales ’the Work or, at the Owner 14 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 382 listed below: The Cost of the Work shall not include the items .17.9 § Reimbursed Be To Not Costs 9.7 § person or entity other than a related party according to the terms of Article 9.Construction Manager shall procure the Work, equipment, goods, or service from some the transaction in writing, theor service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, shall be includedcost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred ntity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or the ideparty, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related 7.8.2 § Manager. business or affairs of the ConstructionManager; or (4) any person, or any member of the immediate family of any person, who has the right to control the e aggregate; (3) any entity which has the right to control the business or affairs of the Construction ten percent in thwhich any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in or other For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, 7.8.1 § Transactions Party Related 87. § .Manager to pay such costs, unless such costs are excluded by the provisions of Section Construction which may require the other Conditions of the Contract7 or 120–AIA Document A201provision of notwithstanding any ,shall be included in the Cost of the Work 7.71 through 7.described in Sections costsThe .7.47 § .correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or othersand only to the extent that the cost of repair or ,the Construction Manager to fulfill a specific responsibility or failureof, negligence the or suppliers, provided that such damaged or nonconforming Work was not caused by ,Subcontractorsof repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Costs .7.37 § .7120–Document A201of AIA Article 10the safety of persons and property, as provided in in case of an emergency affecting ,or loss ,incurred in taking action to prevent threatened damage, injuryCosts .7.27 § .approvalwritten , with the Owner’s prior erformance of the Workcosts incurred in the pOther .7.17 § Emergencies and Costs .7 Other7 § incurred while traveling in discharge of duties connected with the Work.s supervisory or administrative personnel ’That portion of the reasonable expenses of the Construction Manager 116.7. § approval. written the Owner’s prior, with only relocation and temporary living allowances of the Construction Manager’s personnel required for the Work andard written personnel policy for Expenses incurred in accordance with the Construction Manager’s st 7.6.10 § alleging negligence, breach of contract, or willful misconduct relating to the Project.party claims against the Construction Manager -frivolous third-r because of nonO .y withheldshall not be unreasonabl Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which reasonably incurred by the Construction disputes between the Owner and Construction Manager, this Agreement for approval, which shall not be unreasonably withheld. Costs are not recoverable under written and with the Owner’s prior reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work those arising from, other than including attorneys’ fees not costs, litigationarbitration ediation and MLegal, m .6.97 § .responsibility in the Contract Documentss negligence or failure to fulfill a specific ’Deposits lost for causes other than the Construction Manager .6.87 § .Costs of document reproductions and delivery charges .6.77 § .s prior approval’with the Ownerat the site, and located and software, directly related to the Work ,electronic equipmentcommunications services, for Costs .6.67 § 15 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 383 audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article ion Manager shall provide in the subcontract for the Owner to receive the same the basis of cost plus a fee, the Construct not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on agreements shall conform to the applicable payment provisions of this Agreement, and shall Subcontracts or other 9.2 § amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner.ference between the bid of the person or entity recommended to the Owner by the Construction Manager and the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the to the requirements of the qualified to perform that portion of the Work; and (3) has submitted a bid that conforms When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is 9.1.1 § Construction Manager has reasonable objection. contract with anyone to whom then accordance with the Contract Documents. The Construction Manager shall not be required to Iiperform the Work or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to tect,the ArchiAny advice of consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in The . ubd. 5(b)pursuant to Section 471.463, s indication as to which bids the Construction Manager intends to acceptthe Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an he Work in accordance with the requirements of especially for the Work, who are qualified to perform that portion of tConstruction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated entities from which, the Construction Manager shall obtain bids. The designate specific persons from whom, or performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may own personnel shall be Construction Manager does not customarily perform with the Construction Manager’s the Those portions of the Work that . 471.463 ctionin the Contract Documents, pursuant to Minnesota Statutes, Seubcontracts and other agreements necessary to perform the Work required Construction Manager shall enter into S 9.1 § AGREEMENTS OTHER AND NTRACTSSUBCO 9 ARTICLE as a deduction from the Cost of the Work..1 shall be credited to the Owner 8Amounts that accrue to the Owner in accordance with the provisions of Section .28 § .he Construction Manager shall make provisions so that they can be obtainedOwner, and tand amounts received from sales of surplus materials and equipment shall accrue to the ,discounts, rebates, refundsManager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade the Construction for Payment and received payment from the Owner, or (2) the Owner has deposited funds with in an Application the amount to be paid, less such discount,making the payment, the Construction Manager included before n Manager shall accrue to the Owner if (1)discounts obtained on payments made by the ConstructioCash .18 § REFUNDS AND REBATES, DISCOUNTS, 8 ARTICLE Costs for services incurred during the Preconstruction Phase. 9. Guaranteed Maximum Price to be exceeded; andby the Owner, that would cause the Costs, other than costs included in Change Orders approved 8. Sections 7.1 to 7.7; cost not specifically and expressly described inAny 7. ;anyone directly or indirectly employed by any of them or for whose acts any of them may be liable ,and suppliers ,Manager, Subcontractors ConstructionContract by, the of the a specific responsibility to fulfill or failure ,of .7.3 of this Agreement, costs due to the negligence7as provided in Section Except .6 employed for the Work;ruction Manager’s capital The Construction Manager’s capital expenses, including interest on the Const 5. ;7.1 to 7.7 Sections and general expenses, except as may be expressly included inOverhead 4. he Construction Manager’s principal office and offices other than the site office;Expenses of t 3. provided prior approval;hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone .2 ;4in Article 1.2, or as may be provided 7 Manager’s principal office or offices other than the site office, except as specifically provided in Section and other compensation of the Construction Manager’s personnel stationed at the Construction Salaries .1 16 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 384 ke payment prior to the next Application for or intends to mapayment for which the Construction Manager has made and (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work or (2) the percentage obtained by dividing ,actually been completed percentage of that portion of the Work which hasThe percentage of completion shall be the lesser of (1) the the period covered by the Application for Payment. for Payment shall show the percentage of completion of each portion of the Work as of the end of Applications .1.611 § values, the Construction Manager shall submit supporting documentation to the Architect.Manager allocates costs from a contingency to another line item in the schedule of When the Construction 11.1.5.3 § guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values.The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate 11.1.5.2 § Applications for Payment.as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager’s The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy 11.1.5.1 § .Order; and (3) the Construction Manager’s Fee included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change (2) any contingency for costs that are ; the Work the various portions of(1) :Guaranteed Maximum Price amongConstruction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire n for Payment shall be based on the most recent schedule of values submitted by the ApplicatioEach .1.511 § .payments attributable to the Construction Manager’s Fee the progress, less that portion of ntPaymeplus payrolls for the period covered by the present Application for , payments already received by the Construction Managerrogress already made by the Construction Manager on account of the Cost of the Work equal or exceed p paymentsthat invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate cash accounts, receipted each Application for Payment, the Construction Manager shall submit payrolls, petty With .1.411 § (Federal, state or local laws may require payment within a certain period of time.) Owner payment obligations shall be governed by the Prompt Payment Act. .for Payment) days after the Architect receives the Application « »( « »shall be made by the Owner not later than amount certified of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment « »day of the « »certified to the Construction Manager not later than the amount Owner shall make payment of the day of a month, the « »d that an Application for Payment is received by the Architect not later than the Provide .1.311 § » « month, or as follows:The period covered by each Application for Payment shall be one calendar month ending on the last day of the .1.211 § .as provided below and elsewhere in the Contract Documents ,Construction Managerto the ,for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sumand Certificates ,upon Applications for Payment submitted to the Architect by the Construction ManagerBased .1.111 § Payments .1 Progress11 § VICESSER PHASE CONSTRUCTION FOR PAYMENTS 11 ARTICLE .payment, or for such longer period as may be required by lawyears after final ) six (6three this Contract. The Construction Manager shall preserve these records for a period of and other data relating to ,purchase orders, vouchers, memoranda Subcontractor’s invoices, s proposals, ’Subcontractorcorrespondenc e, instructions, drawings, receipts, subcontracts, job cost reports, accounting entries, books, including complete documentation supporting s records and accounts, ’audit and copy, the Construction Managerauditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to s ’stems shall be satisfactory to the Owner. The Owner and the Ownercosts incurred. The accounting and control syas may be necessary for proper financial management under this Contract and to substantiate all ,exercise such controlsand ,ost of the WorkCger shall keep full and detailed records and accounts related to the Construction ManaThe RECORDS ACCOUNTING 10 ARTICLE 17 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 385 Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Substantial Completion of the Work, the Construction Upon Except as set forth in this Section 11.1.8.3, upon 11.1.8.3 § » None« such modification.)insert provisions for (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, Reduction or limitation of retainage, if any, shall be as follows:11.1.8.2 § « » conditions, insurance, etcInsert any items not subject to the withholding of retainage, such as general ( The following items are not subject to retainage: 11.1.8.1.1 § » Owner shall withhold five percent (5%) of the amount approved for payment in each payment period.« aw.)retainage may be limited by governing l(Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of following amount, as retainage, from the payment otherwise due:tion of the Work, the Owner may withhold the For each progress payment made prior to Substantial Comple 11.1.8.1 § 11.1.8 Retainage § Retainage withheld pursuant to Section 11.1.8. .6 by the Owner’s auditors in such documentation; and ons for Payment, or resulting from errors subsequently discovered 11.1.4 to substantiate prior ApplicatiThe shortfall, if any, indicated by the Construction Manager in the documentation required by Section .5 2017;–Article 9 of AIA Document A201nt, or nullify a Certificate of Payment in whole or in part, as provided in Architect may withhold paymeFor Work performed or defects discovered since the last payment application, any amount for which the .4 supplier, unless the Work has been performed by others the Construction Manager intends to pay;Subcontractor or material Any amount for which the Construction Manager does not intend to pay a .3 2017;–withheld a Certificate for Payment as provided in Article 9 of AIA Document A201he amount, if any, for Work that remains uncorrected and for which the Architect has previously T .2 The aggregate of any amounts previously paid by the Owner; .1 The amount of each progress payment shall then be reduced by:11.1.7.2 § probable Cost of the Work upon its completion.ions 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the Cost of the Work included in Sectsum fee as the -is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee ceding The Construction Manager’s Fee, computed upon the Cost of the Work described in the pre .4 professional judgment, to be reasonably justified; and That portion of Construction Change Directives that the Architect determines, in the Architect’s .3 n writing;in writing in advance by the Owner, suitably stored off the site at a location agreed upon iand suitably stored at the site for subsequent incorporation in the completed construction or, if approved properly allocable to materials and equipment delivered That portion of the Guaranteed Maximum Price .2 Maximum Price allocated to that portion of the Work in the most recent schedule of values;multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed as determined by That portion of the Guaranteed Maximum Price properly allocable to completed Work .1 The amount of each progress payment shall first include:11.1.7.1 § :payment shall be computed as follows Documents, the amount of each progressrovisions of the Contract ubject to other ps , as modified,2017–In accordance with AIA Document A201 .1.711 § .valuesby (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of ,Payment 18 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 386 ct that it will not conduct an audit.Work, the Owner shall conduct an audit of the Cost of the Work or notify the Archite Within 30 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the § anges to the Construction Documents during construction.indicating chthe Construction Manager has delivered to the Architect a complete set of redlined record drawings, .6 warranties and operations manuals applicable to the Project; andManager has assembled and provided to the Owner in a bound compilation all the Construction .5 as currently amended by the Owner have been met; 2017-Article 9 of the A201™the requirements of .4 2.2.in accordance with Section 11.2. ;Architecta final Certificate for Payment has been issued by the .3 reviewed by the Owner; Manager andhave been submitted by the Construction and a final Application for Payment; andCost of the Work a final accounting for the a final Application for Payment and the Construction Manager has submitted .2 ;final paymentnecessarily survive beyond extend and to satisfy other requirements, if any, which Owneras currently amended by the 2017–Section 12.2.2 of A201™120–of AIA Document A201 Article 12Work as provided in nonconforming s responsibility to correct ’except for the Construction Manager ,Construction ManagerContractthe fully performed been has ContractConstruction Managerthe .1 met:not more than thirty (30) days after the date that all of the following conditions have been whenConstruction Manager e by the Owner to the shall be mad , constituting the entire unpaid balance of the Contract Sum,Final payment .2.111 § Payment .2 Final11 § auditors acting in the sole interest of the Owner.audits, and verifications, if required by the Owner, will be performed by the Owner’s Contract. Such examinations,ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the site inspections; or (3) that the Architect has made examinations to -Architect has made exhaustive or continuous on verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that thebe deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic r, and such action shall not on the accuracy and completeness of the information furnished by the Construction Manage In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely 11.1.12 § in accordance with those agreements.ntracts Subcosubcontracts Manager shall execute approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction e Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and Th 11.1.11 § to suppliers for materials or equipment which have not been delivered and suitably stored at the site.Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments .1.1011 § 2017.–AIA Document A201shall pay the Construction Manager any additional amounts in accordance with Article 9 of If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner .1.911§ » final paperwork, as determined by Owner. clause (2) after submission of all. Owner will pay any amounts withheld under Architectork, as determined by after completion or correction of the W) days 60sixty (Owner will pay any amounts withheld under clause (1) within t and basis of the withholding.the amoundetailing Construction Manager, it will provide a written statement to under this paragraphOwner withholds payment .Construction Manager, whichever is greater, pending completion and submission of all final paperwork by $500he contract or of the value of t(1%) ompletion; and (2) one percent Cubstantial Sork known at the time of Wcomplete cost to correct or estimated of the )250%two hundred and fifty percent (ompletion, Owner may withhold: (1) Cubstantial SAfter ection 541.051, subd. 1(a).the Architect consistent with the definition in Minnesota Statutes, S“Substantial Completion” shall be determined by , however, , providedthan sixty (60) days after Substantial Completionall retainage will be released to Construction Manager no later 2, .Pursuant to Minnesota Statutes, Section 15.72, subd« upon Substantial Completion.)(Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, include retainage as follows:l Completion shall not The Application for Payment submitted at SubstantiaPayment pursuant to this Section 11.1.8. 19 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 387 « » « » « » « » other than the Architect.)(If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if Decision Maker. below another individual, not a party to the Agreement, to serve as the Initial Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint 2017 for –Maker pursuant to Article 15 of AIA Document A201The Architect will serve as the Initial Decision § .of this Agreement shall not apply 12.1.2binding dispute resolution, and Section mediation or condition precedent to services, no decision by the Initial Decision Maker shall be required as a s Preconstruction Phase ’Construction Manager7. However, for Claims arising from or relating to the 120–and Article 15 of A201 12set forth in this Article Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions Any 11..12 § Maker Decision 12.1 Initial § RESOLUTION DISPUTE 12 ARTICLE » per annum« % » 4« (Insert rate of interest agreed upon, if any.) iling from time to time at the place where the Project is located.in the absence thereof, at the legal rate prevaPayments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or 11.3 Interest § amount to be paid by the Owner to the Construction Manager.ng the net recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determini, the amount of those adjustments shall be 76Price. If adjustments to the Contract Sum are provided for in Section in excess of the Guaranteed Maximum same basis as if such costs had been incurred prior to final payment, but not shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the 7.9, to correct defective or nonconforming Work, the Owner in Sections 7.1 through 7.7, and not excluded by Section If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described § « » llows:of the Architect’s final Certificate for Payment, or as foThe Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance § Manager the amount certified in the Architect’s final Certificate for Payment.the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on -within this 30to request mediation Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure 2017. A request for mediation shall be made by the Construction Manager within 30 days after the –Document A201initial decision pursuant to Article 15 of AIA entitled to request mediation of the disputed amount without seeking an Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be ncludes that the Cost of the Work, as substantiated by the Construction If the Owner’s auditors’ report co 11.2.2.3 § Manager’s final accounting.2017. The Architect is not responsible for verifying the accuracy of the Construction –9 of AIA Document A201periods stated in this Section 11.2.2 supersede those stated in Article 2017. The time–Article 9 of AIA Document A201 Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the will either issue to Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Within 11.2.2.2 § the audit, submit a written report based upon the auditors’ findings to the Architect.If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of 11.2.2.1 § 20 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 388 the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as e all such condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and takassignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a he Owner elects to take legal not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that telection of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is ensation, either by purchase or rental at the Owner shall also pay the Construction Manager fair compThe 13.1.6 § Subtract the aggregate of previous payments made by the Owner for Construction Phase services. .3 ; andbears to a reasonable estimate of the probable Cost of the Work upon its completiontermination time of sum Fee as the Cost of the Work at the-Section, an amount that bears the same ratio to that fixeds Fee is stated as a fixed sum in that ’.1 or, if the Construction Manager6the rate stated in Section Work to the date of termination at s Fee computed upon the Cost of the’the Construction ManagerAdd .2 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .1 :43the Construction Manager under Section 1hall be in addition to any compensation paid to , which amount s:Construction Manager an amount calculated as followsAmendment, the Owner shall pay to the Guaranteed Maximum PricePhase but prior to the execution of the after the commencement of the Construction .3.13the Contract pursuant to Section 1 the Owner terminates 5.1.31 § ..15 Sectionforth in s compensation under this Section exceed the compensation set ’termination. In no event shall the Construction Managerperformed prior to receipt of a notice of and Work onstruction Phase services c equitably compensated for, the Construction Manager shall be 33the event of termination of this Agreement pursuant to Section 1 4.1.31 § .7120–of A201 Article notice to the Owner, for the reasons set forth pon not less than seven days’ written without cause, and the Construction Manager may terminate this Agreement Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and Amendment, the Owner may terminate this Guaranteed Maximum Priceto the execution of the Prior 3.1.31 § 5 SectionSection exceed the compensation set forth in s compensation under this ’. In no event shall the Construction Manageraccordance with the terms of this Agreement, in r to receipt of a notice of terminationperformed prioand Work onstruction Phase services ccompensated for Pre.1.1, the Construction Manager shall be 3In the event of termination of this Agreement pursuant to Section 1.1.2 31 § , upon not less than seven days’ written notice to the Owner.eementthe Construction Manager may terminate this Agr Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager, and , the Maximum Price er and the Construction Manager do not reach an agreement on the GuaranteedIf the Own.1.1 31 § Amendment Price Maximum Guaranteed the of xecutionE to Prior .1 Termination31 § SUSPENSION OR TERMINATION 31 ARTICLE .court of competent jurisdictionresolution method other than litigation, Claims will be resolved by litigation in a agree in writing to a binding dispute the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently « » (Specify)Other: \] « »\[ , in Olmstead County, Minnesotan a court of competent jurisdictionLitigation i \] » X« \[ 7120–15 of AIA Document A201 Articlepursuant to Arbitration \] « »\[ (Check the appropriate box.) :method of binding dispute resolution shall be as follows7, the 120–of AIA Document A201 Article 15esolved by mediation pursuant to any Claim subject to, but not rFor Resolution Dispute 12.2 Binding § 21 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 389 .Contract Documentsprovision as amended or supplemented by other provisions of the 2017 or another Contract Document, the reference refers to that –Agreement to a provision of AIA Document A201Where reference is made in this 7.120–hall have the same meaning as those in A201in this Agreement sTerms .141 § PROVISIONS MISCELLANEOUS 41 ARTICLE ..3.5 of this Agreement6and Sections 7, except that the term “profit” shall be understood to mean the Construction Manager’s Fee as described in 120–Document A201of AIA Article 14Guaranteed Maximum Price and Contract Time shall be increased as provided in n such case, the i ;7120–Work may be suspended by the Owner as provided in Article 14 of AIA Document A201The 3 Suspension13. § « » mination for the Owner’s convenience.)ter(Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a then the Owner shall pay the Construction Manager a termination fee as follows:modified, 2017, –nce with Article 14 of AIA Document A201If the Owner terminates the Contract for convenience in accorda 13.2.3 Termination by the Owner for Convenience § Manager under such subcontracts or purchase orders.for the purpose of fully vesting in the Owner the rights and benefits of the Construction the Owner may require steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as n of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such a conditiolegal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take d that is election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain anThe Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the 13.2.2.2 § 2017.–Document A20114 of AIA Subtract the costs and damages incurred, or to be incurred, by the Owner under Article .4 Subtract the aggregate of previous payments made by the Owner; and .3 ermination bears to a reasonable estimate of the probable Cost of the Work upon its completion;tsum Fee as the Cost of the Work at the time of -an amount that bears the same ratio to that fixed the rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, Cost of the Work to the date of termination at Add the Construction Manager’s Fee, computed upon the .2 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .1 the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows:t cause 2017 shall no–amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A2012017, the –If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201 13.2.2.1 § Cause for Owner the by Termination § 2017.–A201The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document 13.2.1 Termination § Amendment Price Maximum Guaranteed the of Execution Following Suspension or n.2 Terminatio31 § costs necessarily incurred by the Construction Manager because of such termination.terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the rminated, the Construction Manager will would have constituted a Cost of the Work had this agreement not been teterminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that een reimbursable as Cost of the Work if the contract had not been order or rental agreement, if those costs would have bthe Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase assignment of subcontracts, purchase orders or rental agreements as described above, If the Owner accepts 13.1.6.1 § .assignment to the Owner as described aboveallowing for contain provisions willinto by the Construction Manager Subcontracts, purchase orders and rental agreements entered All such subcontracts or purchase orders. Manager under 22 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 390 and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that Construction Manager may achieve the required limits and coverage for Commercial General Liability The .314.3.1 § .automobile coverageing out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required arisper accident for bodily injury, death of any person, and property damage ) « » « » with policy limits of not less thanowned vehicles used, by the Construction Manager -Liability covering vehicles owned, and nonAutomobile 14.3.1.2 § .erty damagein the aggregate for bodily injury and prop) « » « »and occurrence for each ) « » « » General Liability with policy limits of not less thanCommercial 14.3.1.1 § ins, the Owner shall reimburse the Construction Manager for any additional cost.Manager normally maintathis Agreement. If any of the requirements set forth below exceed the types and limits the Construction performed under the Preconstruction Services The Construction Manager shall maintain the following insurance for the duration of \[MW1\]Phase Preconstruction .1314. § .2017, as modified–11 of the A201Article Insurance and bonds provided for this Project shall be described in this Article 14, Exhibit B to this Contract and in Bonds and ce14.3 Insuran § Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment.construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract r providing The Owner may, without consent of the Construction Manager, assign the Contract to a lende .22§ 14. .without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contractparty attempts to make an assignment assign the Contract as a whole without written consent of the other. If either 7, neither party to the Contract shall 120–Section 13.2.2 of A201Section 14.2.2 of this Agreement, and in provided in . Except as obligations contained in the Contract Documentscovenants, agreements, and legal representatives to , successors, assigns and partnersOwner and Construction Manager, respectively, bind themselves, their The 14.2.1 § sAssign and Successors 2.41 § section are incorporated into this contract.d provisions of Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of saiactivity in a local civil rights commission, disability or age. The Construction Manager agrees to be bound by the istance, membership or religion, national origin, sex, sexual orientation, marital status, status with regard to public assapplicants are selected, and that employees are treated during employment, without regard to their race, color, creed, ke affirmative action to ensure that Pursuant to Minnesota Statutes, Section 181.59, the Construction Manager will ta Discrimination-Non 34.1.1 § public if the public data are available from the Owner.Manager. Construction Manager does not have a duty to provide access to public data to the 13.08 apply to Construction must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13, and Construction Manager the maintained, or disseminated by Construction Manager in performing this contract is subject to the requirements ofPursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collected, received, stored, used, Data Practices 24.1.1 § bringing the action.penalties from a Prime Contractor must be awarded its costs and disbursements, including attorney's fees, incurred in l pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest shalpayment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Prime Contractor subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty rt of a month to the 1/2 percent per month or any pa-Contract must require the Prime Contractor to pay interest of 1Prime Contractor's receipt of payment from the municipality for undisputed services provided by the subcontractor. The subcontractor within ten (10) days of the 2017, which provides in pertinent part: each Prime Contractor must pay any –Prompt Payment Act subdivision 4a shall apply to payments by Contractor to Subcontractors as set forth in the A201 Prompt Payment of Subcontrators 14.1.§ 1 23 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 391 to post separate performance and payment bonds to the extent they are duplicative of the Work.nager shall not be required Construction Ma usual source and the cost thereof shall be included in the Cost of the Work.Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager’s faithful performance of the Construction Manager’s shall furnish bonds covering The Construction Manager .1 4.6§ 1 Performance Bond and Payment Bond 4.61 § 7.120-of A201 2The Owner property insurance shall be in accordance with Section 11. Insurance Required by the Owner4.5 1 § « » Other provisions: .541 § « » generate a read receipt for the transmission.)format such as name, title, and email address of the recipient and whether and how the system will be required to 2013, insert requirements for delivering notice in electronic –AIA Document E203(If other than in accordance with otherwise set forth below:2013, Building Information Modeling and Digital Data Exhibit, if completed, or as –with AIA Document E203™2017, may be given in accordance –onic format, pursuant to Article 1 of AIA Document A201Notice in electr 14.4 § elsewhere in the Contract Documents.2019 Exhibit B, and –The Construction Manager shall provide bonds as set forth in AIA Document A133™ 14.3.2.1 § um Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents.Guaranteed MaximOwner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a 2019, Standard Form of Agreement Between –purchase and maintain insurance as set forth in AIA Document A133™on Manager shall After execution of the Guaranteed Maximum Price Amendment, the Owner and the Constructi Phase Construction .2314. § 14.3.1.the requirements in this Section compliance with eevidencthat certificates of insurance to the Owner ruction Manager shall provideThe Const 14.3.1.8 § policies and shall apply to both ongoing and completed operations.contributory to any of the Owner’s insurance -omissions. The additional insured coverage shall be primary and nonnegligent acts or Construction Manager’s n part by the Owner as an additional insured for claims caused in whole or ithe primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the shall cause Construction Managerthe , To the fullest extent permitted by law Obligations. Insured Additional 14.3.1.7 § Limits Coverage and any applicable limits.) Construction Manager(List below any other insurance coverage to be provided by the 14.3.1.6 Other Insurance § ) in the aggregate. « » « »per claim and ) « » « »than , with policy limits of not lessservicesprofessional performance of negligent acts, errors and omissions in the covering Professional Liability 14.3.1.5 § .) policy limit « » « ») each employee, and « » « »each accident, ) » « » than not less sCompensation at statutory limits and Employers Liability with policy limit Workers’ 14.3.1.4 § .only through the actual payment by the underlying insurersolicy shall not require the exhaustion of the underlying limits narrower coverage than the primary policy. The excess prequired under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide lity insurance policies result in the same or greater coverage as the coverages such primary and excess or umbrella liabi 24 (1953318518) User Notes: .mail docinfo@aiacontracts. com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 392 (Signature)CONSTRUCTION MANAGER (Signature) This Agreement is entered into as of the day and year first written above. » Construction Manager’s Proposal Request for Proposals Owner’s « of the Contract Documents documents should be listed here only if intended to be partproposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such osal requirements, and other information furnished by the Owner in anticipation of receiving bids or prop sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or 2017 provides that the advertisement or invitation to bid, Instructions to Bidders, –Document A201intended to form part of the Contract Documents. AIA here any additional documents that are (List :if any, listed below ,Other documents .7 Pages Date Title Document Supplementary and other Conditions of the Contract: \] « »\[ « » 2019 incorporated into this Agreement-date of the E234the (Insert :Constructor Edition, dated as indicated below2019, Sustainable Projects Exhibit, Construction Manager as –Document E234™AIA \] « » \[ (Check all boxes that apply.) Other Exhibits: .6 « » 2013 incorporated into this Agreement.)-the E203(Insert the date of indicated below:2013, Building Information Modeling and Digital Data Exhibit, dated as –AIA Document E203™ .5 , as modified2017, General Conditions of the Contract for Construction–™AIA Document A201 .4 , Exhibit B, Insurance and Bonds2019–AIA Document A133™ .3 2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed-Document A133™AIA .2 , as modifiedMaximum Priceas Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Construction Manager 9, Standard Form of Agreement Between Owner and 120–™AIA Document A133 .1 The following documents comprise the Agreement: .251 § Owner and Construction Manager.may be amended only by written instrument signed by both ritten or oral. This Agreement Manager and supersedes all prior negotiations, representations or agreements, either wThis Agreement represents the entire and integrated agreement between the Owner and the Construction .151 § AGREEMENT THE OF SCOPE 51 ARTICLE .cover such deductibles to use of the contingency or allowancest insurance without Construction Manager shall be responsible for all deductibles in subcontractor defaul. beneficiary-covering the full value of the Work of each Subcontractor, naming the Owner as cofault insurance, actor deubcontrs, or equivalent shall obtain performance and payment bonds from all SubcontractorsThe Construction Manager 4.6.2§ 1 25 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 393 (Printed name and title) (Printed name and title) « »« » « »« » 26 (1953318518) User Notes: .mail docinfo@aiacontracts.com-rt copyright violations, eTerms of Service. To repo ®time use only, and may only be used in accordance with the AIA Contract Documents-oneis licensed for sale,draft was produced at 13:49:47 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for reThis tects.Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Archi“The American Institute of Architects,” “American 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. – A133 AIA Document 394 MISCELLANEOUS PROVISIONS 13 UNCOVERING AND CORRECTION OF WORK 12 INSURANCE AND BONDS 11 PROTECTION OF PERSONS AND PROPERTY 10 PAYMENTS AND COMPLETION 9 TIME 8 CHANGES IN THE WORK 7 OWNER OR BY SEPARATE CONTRACTORSCONSTRUCTION BY 6 SUBCONTRACTORS 5 ARCHITECT 4 CONTRACTOR 3 OWNER 2 GENERAL PROVISIONS 1 ARTICLES OF TABLE « » « »« » (Name, legal status and address) THE ARCHITECT: « » »« » 2900-328-507 «Rochester, MN 55904 » «201 4th Street SE » » City of Rochester « (Name, legal status and address) THE OWNER: « » » (CIP #3069) City of Rochester Parks and Forestry Relocation Project« (Name and location or address) for the following PROJECT: this document.as set forth in the footer of violation of copyright laws constitutes a prohibited andto another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING Conditions.Guide for Supplementary see AIA Document A503™, lementary conditions, this document to include For guidance in modifying or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentstime use only, and may only be used in accordance with -is licensed for one sale,on 04/02/2025, is not for reNo.2114515846 which expires This draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.tute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract “The American Insti All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – AIA Document A201 General Conditions of the Contract for Construction 2017 – ®Document A201 ®AIA 395 CLAIMS AND DISPUTES 15 THE CONTRACTTERMINATION OR SUSPENSION OF 14 2 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 396 9.8.3, 9.8.4, 9.8.5 Certificate of Substantial Completion 1.3 Capitalization 3.7.1 Building Permit 1.8 Models Use and RelianceBuilding Information 11.511.1.3, , 11.1.27.3.4.4, 9.6.7, 9.10.3, Bonds, Performance, and Payment 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Lien 15.4.115.3.3, 15.2.6.1, 15.3.1, 15.3.2, 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, te ResolutionBinding Dispu 1.1.1 Bidding Requirements 1.1 Basic Definitions 5.2 Portions of the WorkAward of Subcontracts and Other Contracts for 6.1.1, 6.1.2 Award of Separate Contracts 3.18.1, 9.6.8, 9.10.2, 10.3.3 Attorneys’ Fees 10.3.1 Asbestos 9.9.2, 9.10.1, 13.43.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, Architect’s Site Visits 9.4.2, 9.5.1, 9.10.1 Architect’s Representations 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Relationship with Subcontractors , 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.23.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, Architect’s Relationship with Contractor 4.2.10 t’s Project Representative Architec 4.2.11, 4.2.12 Architect’s Interpretations 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Instructions 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Inspections 13.4.2, 15.27.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 7.3.4,3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, Architect’s Decisions 1.1.7, 1.5 Architect’s Copyright 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Authority to Reject Work 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Approvals 4, 15.2, 9.4.1, 9.53.1.3, 3.7. Architect’s Administration of the Contract 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Additional Services and Expenses 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.24.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 2.1.1, 3.12.4, 3.12.8, ResponsibilityArchitect, Limitations of Authority and 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.19.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, AuthorityArchitect, Extent of 4.1.1 , Definition ofArchitect 4 ARCHITECT 15.48.3.1, 15.3.2, Arbitration 3.12.10.1, 4.2.7, 9.3.2, 13.4.12.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, Approvals , 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.109.3.2.5, 7.3.9, 9.2, 4 Applications for Payment 3.8 Allowances 4.2.13 Aesthetic Effect 1.1.1 Advertisement or Invitation to Bid , 9.4, 9.54.23.1.3, Administration of the Contract 15.1.63.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, Additional Time, Claims for 13.49.4.2, 9.8.3, 12.2.1, Additional Inspections and Testing 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Costs, Claims for 1.1.1 Addenda 10.2.8, 13.3.2, 14.1, 15.1.2, 15.23.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, Acts and Omissions 10 Accident Prevention 12.1, 6.2.1, 3.16 Access to Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Acceptance of Work 12.39.6.6, 9.9.3, Acceptance of Nonconforming Work headings.) (Topics and numbers in bold are Section INDEX 3 (1681088820) User Notes: .mail docinfo@aiacontract s.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 397 , 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.23.10 Scheduless Construction and Submittal Contractor’ 3.1, 6.1.2 , Definition ofContractor 3 CONTRACTOR 8.1.1 , Definition ofContract Time 15.1.6.1, 15.2.515.1.4.2, 14.3.2, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 2.3, 6.1.5, 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5. Contract Time 9.1 , Definition ofContract Sum 15.1.5, 15.2.515.1.4.2, 12.3, 14.2.4, 14.3.2, , 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 9.12.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, Contract Sum 1.1.1 , Definition ofContract Documents 1.5.2, 2.3.6, 5.3 Contract Documents, Copies Furnished and Use of 3.7.1, 3.10, 5.2, 6.1 toContract Award and Execution, Conditions Relating , 4, 9.4, 9.53.1.3 Contract Administration 5.4.1.1, 5.4.2, 11.5, SUSPENSION OF THECONTRACT, TERMINATION OR 1.1.2 , Definition ofContract 15.1.4 Continuing Contract Performance , 14.2.2.25.4 Contingent Assignment of Subcontracts 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.23.10, Construction Schedules, Contractor’s , 9.3.1.17.31.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, Construction Change Directives 7.3.1 , Definition ofConstruction Change Directive 61.1.4, SEPARATE CONTRACTORSCONSTRUCTION BY OWNER OR BY 15.4.4 Consolidation or Joinder 15.4.4.23.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, Consent, Written 1.1.1, 6.1.1, 6.1.4 Conditions of the Contract 3.7.4, 4.2.8, 8.3.1, 10.3 Concealed or Unknown Conditions 15.2.8, 15.4.2, 15.4.32.1.3, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, Compliance with Laws 9.10.3, 12.2, 15.1.23.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, Completion, Substantial 9 COMPLETION, PAYMENTS AND , 15.1.29.10, 12.2, 14.1.23.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, Completion, Conditions Relating to 4.2.43.9.1, Communications 8.1.2 , Definition ofCommencement of the Work 15.1.56.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 1, 3.12.6, 5.2.1, 5.2.3, 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10. Commencement of the Work, Conditions Relating to , 6.33.15 Cleaning Up 15.4.1 Claims Subject to Arbitration 11.3.2, 14.2.4, 15.1.710.3.3, 11.3, 10.2.5, 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, Claims for Damages 3.7.4 Claims forConcealed or Unknown Conditions, 15.1.63.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, Claims for Additional Time 15.1.510.3.2, 10.2.5, 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, Claims for Additional Cost 15.4.1 Claims and Timely Assertion of Claims 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, CLAIMS AND DISPUTES 1.6.2, 15.1.3 Claims, Notice of 15.1.1 , Definition ofClaims 11.5, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 72.2.2, 3.11, 4.2.8, CHANGES IN THE WORK 7.2.1 , Definition ofChange Orders .29.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 7.27.1.2, 7.1.3, 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, Change Orders 9.10.2 Certificates of Insurance 13.4.4 Certificates of Inspection, Testing or Approval 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.44.2.1, 4.2.5, 4.2.9, 9.3.3, Certificates for Payment 4 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 398 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.43.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, .1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 1 Execution and Progress of the Work 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.24.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, Equipment, Labor, or Materials 10.3.3, 11.3, 14.1, 14.2.1.1 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Employees, Contractor’s 15.1.5, 14.1.1.2, 10.4 Emergencies 8.2.2 Effective Date of Insurance 3.11 Drawings and Specifications, Use and Ownership of 1.1.5 , Definition ofDrawings 3.11 Samples at the SiteDocuments and 6.3, 7.3.9, 15.1, 15.2 Disputes 1.7 Digital Data Use and Transmission , 15.2.515.1.6, 14.3.2, 10.410.3.2, , 9.7, 9.5.1, 8.3, 7.4, 5.2.3, 7.2.1, 7.3.1, 3.7.4, 3.2 Delays and Extensions of Time 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.15.1, 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, Definitions 9.10.4, 12.2.12.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, Rejection and Correction ofDefective or Nonconforming Work, Acceptance, , 9.7, 14.1.1.39.59.4.1, d CertificationDecisions to Withhol 14.2.2, 14.2.4, 15.1, 15.27.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, Decisions of the Architect 8.1.4 , Definition ofDay 8.1.3 , Definition oftantial CompletionDate of Subs 8.1.2 , Definition ofDate of Commencement of the Work 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Damages for Delay 11.3, 14.2.4, 15.1.73.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, Damages, Claims for 10.2.1.2, 10.2.5, 10.4, 12.2.43.14.2, 9.9.1, Damage to the Work 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 ContractorsDamage to Construction of Owner or Separate 6.2.5 ,3.14 Cutting and Patching 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 147.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 7.3.3.3, 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, Costs 7.3.4 , Definition ofCost 1.2 Correlation and Intent of the Contract Documents 15.1.3.1, 15.1.3.2, 15.2.1, 12.3, 12.22.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, Correction of Work 3.171.5, Copyrights 1.5, 2.3.6, 3.11 Copies Furnished of Drawings and Specifications 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Coordination and Correlation 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.42, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 1.2. Procedures Contractor’s Supervision and Construction 3.9, 10.2.6 Contractor’s Superintendent 9.8.3, 9.9.1, 9.10.2, 9.10.33.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, Contractor’s Submittals 14.1 Contractor’s Right to Terminate the Contract 2.2.2, 9.7 Contractor’s Right to Stop the Work Contractor’s Review of Contract Documents 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Work Contractor’s Responsibility for Those Performing the 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 ns Contractor’s Representatio 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.16.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, ith the Architect Contractor’s Relationship w 9.6.7, 9.10.2, 11.2, 11.3, 11.41.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, Contractor’s Relationship with Subcontractors 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 and Owner’s Forces Relationship with Separate Contractors Contractor’s 11.1 Contractor’s Liability Insurance 10.2, 10.3, 11.3, 14.1, 14.2.1.12.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, Contractor’s Employees 5 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 399 15.4.1.1, 15.4.1, 15.38.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, Mediation 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.82.1.2, Mechanic’s Lien 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Procedures of ConstructionMeans, Methods, Techniques, Sequences and 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.25.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 1.1.3, 1.1.6, 3.4.1, Materials, Labor, Equipment and 10.310.2.4, Materials, Hazardous 15.1.2, 15.1.3, 15.1.59.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 11, 3.12.5, 3.15.1, 4.2.7, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3. Limitations of Time 11.3, 12.2.5, 13.3.14.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, Limitations of Liability 12.2.5, 15.1.2, 15.4.1.1 itations, Statutes of 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Liens 15.49.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, Laws and Regulations 8.3.1 Labor Disputes 10.2.4, 14.2.1.1, 14.2.1.210.2.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2,, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 3.41.1.3, 1.1.6, Labor and Materials, Equipment 15.4.2 Judgment on Final Award 4.2.11, 4.2.12 Interpretations, Written , 4.1.1, 5.1, 6.1.2, 15.1.11.41.1.8, 1.2.3, Interpretation 13.5 Interest 1.2.1, 4.2.7, 4.2.12, 4.2.13 Intent of the Contract Documents 11.5 Insured loss, Adjustment and Settlement of 9.9.1 Insurance Companies, Consent to Partial Occupancy INSURANCE AND BONDS 9.3.2 Insurance, Stored Materials , 11.2, 11.4, 11.510.2.5 Insurance, Property 11.2 Insurance, Owner’s Liability 8.2.2, 14.4.2 Insurance, Effective Date of 11.1 Insurance, Contractor’s Liability 11.1.4, 11.2.3 Insurance, Notice of Cancellation or Expiration .8.4, 9.9.1, 9.10.2, 10.2.5, 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9 Insurance 1.1.7 , Definition ofInstruments of Service 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instructions to the Contractor 1.1.1 Instructions to Bidders 9.9.2, 9.10.1, 12.2.1, 13.44.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 3.1.3, 3.3.3, 3.7.1, Inspections , 10.410.2.8 Injury or Damage to Person or Property , 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5.214.2.4, 15.1.4 Initial Decision Maker, Extent of Authority , 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5.214.2.4, 15.1.4 DecisionsInitial Decision Maker, 1.1.8 Initial Decision Maker, Definition of 15.2 Initial Decision 14.1.1.4, 14.1.4, 15.1.49.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, , 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Services Required of the OwnerInformation and , 9.6.8, 9.10.2, 10.3.3, 11.33.183.17, Indemnification 5.2.1 Identification of Subcontractors and Suppliers 10.310.2.4, Hazardous Materials and Substances Guarantees (See Warranty) 13.1 Governing Law 1 GENERAL PROVISIONS 13.2.2, 14.1.1.42.2.1, Financial Arrangements, Owner’s , 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, 9.8.2, Final Completion and Final Payment (See Defective or Nonconforming Work) Faulty Work , 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.79.5.1.3, Failure of Payment 15.2.53, 15.1.6, 10.4, 14.3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, Extensions of Time 6 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 400 , 4.2.73.123.11, Product Data and Samples, Shop Drawings 3.12.2 , Definition ofProduct Data 10.3.1 Polychlorinated Biphenyl TY, PROTECTION PERSONS AND PROPER , 3.13, 7.3.4.4, 10.2.23.72.3.1, Permits, Fees, Notices and Compliance with Laws 11.1.27.3.4.4, 9.6.7, 9.10.3, Performance Bond and Payment Bond 10.3.1 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 Payments to Subcontractors 9 PAYMENTS AND COMPLETION , 9.8.5, 9.10.3, 14.2.3, 15.1.49.69.3, Payments, Progress 11.1.27.3.4.4, 9.6.7, 9.10.3, Payment Bond, Performance Bond and , 12.3, 14.2.4, 14.4.39.104.2.1, 4.2.9, Payment, Final , 9.10.2, 13.5, 14.1.1.3, 14.2.1.29.71.3, 9.5. Payment, Failure of 9.10.3, 14.1.1.3, 14.2.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.44.2.5, 4.2.9, 9.3.3, Payment, Certificates for 14.2.3, 14.2.4, 14.4.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 9.34.2.5, 7.3.9, 9.2, Payment, Applications for 3.17 Patents , 6.2.53.14 Patching, Cutting and 9.99.6.6, Partial Occupancy or Use , 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 1.51.1.1, 1.1.6, 1.1.7, and Other Instruments of ServiceOwnership and Use of Drawings, Specifications 14.2, 14.4 Right to Terminate the Contract Owner’s 14.3 Owner’s Right to Suspend the Work 2.4 Owner’s Right to Stop the Work 6.1 Award Separate Contracts Owner’s Right to Perform Construction and to 6.3 Owner’s Right to Clean Up , 14.2.22.5 Owner’s Right to Carry Out the Work 9.6.4, 9.10.2, 14.2.21.1.2, 5.2, 5.3, 5.4, Owner’s Relationship with Subcontractors 11.2 Owner’s Insurance 15.2.710.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 4.1.2, 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, Owner’s Authority 13.4.2, 14.1.1.4, 14.1.4, 15.1.49.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, , 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 2.22.1.2, Services Required of theOwner, Information and , 13.2.2, 14.1.1.42.2 Owner, Evidence of Financial Arrangements 2.1.1 , Definition ofOwner 2 OWNER 14.3.11.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, Orders, Written 2.3.1, 9.6.6, 9.8 Occupancy 3.2, 3.7.4 Contractor’s Observations, 13.4.1, 13.4.2 Notice of Testing and Inspections 15.1.6, 15.2.8, 15.3.2, 15.4.1, 15.1.5, 15.1.31.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, Notice of Claims 11.1.4, 11.2.3 Notice of Cancellation or Expiration of Insurance 15.1.6, 15.4.1.3, 15.1.5, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.18.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, , 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 1.6 Notice 12.25.1, 9.8.2, 9.9.3, 9.10.4, 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9. Nonconforming Work, Rejection and Correction of 12.39.6.6, 9.9.3, Nonconforming Work, Acceptance of 6.2 Mutual Responsibility 10.3.23.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 2.5, 1.1.1, 1.1.2, Modifications to the Contract 1.1.1 , Definition ofModifications MISCELLANEOUS PROVISIONS 7.41.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, Minor Changes in the Work 7 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 401 2.3.3 Substitution of Architect 5.2.3, 5.2.4 Substitution of Subcontractors 9.8.1 , Definition ofCompletionSubstantial 12.2, 15.1.2, 9.9.1, 9.10.3, 9.84.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, Substantial Completion 10.3 Substances, Hazardous 11.36.1.1, Subrogation, Waivers of 3.10.2, 3.12.5, 4.2.7 Submittal Schedule 9.8, 9.9.1, 9.10.2, 9.10.37.3.4, 9.2, 9.3, 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, Submittals , 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.15.3 Subcontractual Relations 9.3.1.2, 9.6.71.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, Subcontractors, Work by 5 SUBCONTRACTORS 5.1.1 inition of, DefSubcontractor 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Stored Materials 2.2.2, 2.4, 9.7, 10.3, 14.1 Stopping the Work 15.1.2, 15.4.1.1 Statute of Limitations , 1.2.2, 1.5, 3.12.10, 3.17, 4.2.141.1.61.1.1, Specifications 1.1.6 , Definition ofSpecifications 13.44.2.6, 12.2.1, Special Inspections and Testing 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Site Visits, Architect’s 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Inspections , 6.1.1, 6.2.13.13 Site, Use of , 4.2.73.123.11, sShop Drawings, Product Data and Sample 3.12.1 , Definition ofShop Drawings 6.1.1 , Definition ofSeparate Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contracts and Contractors 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 ConstructionSchedules, , 9.3.19.2 Schedule of Values 3.11 Samples at the Site, Documents and , 4.2.73.123.11, Samples, Shop Drawings, Product Data and 3.12.3 , Definition ofSamples , 10.2, 10.410.13.3.1, 4.2.2, 4.2.7, 5.3, Safety Precautions and Programs , 10.410.2 Safety of Persons and Property 15.4.1 Rules and Notices for Arbitration 3.17 Royalties, Patents and Copyrights , 14, 15.413.312.2.4, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, Rights and Remedies 3.12 Samples by ContractorReview of Shop Drawings, Product Data and 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Architect tor’s Submittals by Owner and Review of Contrac , 3.12.7, 6.1.33.2 Conditions by ContractorReview of Contract Documents and Field 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Retainage 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 esponsibility for Those Performing the WorkR 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Representatives 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representations 9.3.1, 9.10.2 Releases and Waivers of Liens 4.2.6, 12.2.1 Rejection of Work 15.413.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 10.2.2, 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, Regulations and Laws PROTECTION OF PERSONS AND PROPERTY 1.1.1 Proposal Requirements 11.210.2.5, Property Insurance 4.2.10 Project Representatives 1.1.4 , Definition ofProject .3, 15.1.4, 9.8.5, 9.10.3, 14.29.69.3, Progress Payments , 9.8, 9.9.1, 14.1.4, 15.1.48.24.2.2, Progress and Completion 8 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 402 3.4.2, 14.3.11.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 1 Written Orders 4.2.11, 4.2.12 Written Interpretations 13.2, 13.3.2, 15.4.4.21.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, Written Consent 1.1.3 , Definition ofWork 8.3, 15.1.6.2 elaysWeather D 15.1.2, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 3.5 Warranty 11.36.1.1, Waivers of Subrogation 9.3, 9.10.2, 9.10.4 Waiver of Liens 14.2.4, 15.1.7 Waiver of Consequential Damages 15.1.79.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, Waiver of Claims by the Owner 15.1.79.10.5, 13.3.2, Waiver of Claims by the Contractor 13.3.2 Waiver of Claims by the Architect , 9.3.19.2 Values, Schedule of , 6.1.1, 6.2.13.13 Use of Site 2.3.6, 3.12.6, 5.3 1.1.1, 1.5, Use of Documents 7.3.3.2, 9.1.2 Unit Prices 3.7.4, 8.3.1, 10.3 Unforeseen Conditions, Concealed or Unknown 12.1 Uncovering of Work WORKUNCOVERING AND CORRECTION OF 9.3.2, 9.3.3 Title to Work 3.7.4, 10.2.8, 15.1.2, 15.1.3 me Limits on Claims 15.1.2, 15.1.3, 15.49.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, Time Limits 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5, 9.5.1, 9.7, 8.33.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, Time, Delays and Extensions of 8 TIME 13.49.9.2, 9.10.1, 10.3.2, 12.2.1, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, Tests and Inspections CONTRACTTERMINATION OR SUSPENSION OF THE 14.2.2 EmploymentTermination of the Contractor 2.3.3 Termination of the Architect 14.4 Termination by the Owner for Convenience 15.1.714.2, 5.4.1.1, Termination by the Owner for Cause , 15.1.714.1 Termination by the Contractor 3.6, 3.8.2.1, 7.3.4.4 Taxes .1.1, 14 Suspension or Termination of the Contract 3.7.5, 5.4.2, 14.3 Suspension of the Work 14.3 Suspension by the Owner for Convenience 1.1.7, 2.3.4 Surveys 9.8.5, 9.10.2, 9.10.3 Surety, Consent of 15.2.75.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, Surety 9.10.5, 14.2.11.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, Suppliers 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 3.31.2.2, Supervision and Construction Procedures , 10.2.63.9 endentSuperint 13.2 Successors and Assigns 3.7.4 Subsurface Conditions 5.1.2 , Definition ofsubcontractor-Sub 3.4.2, 3.5, 7.3.8 Substitutions of Materials 9 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 403 shall not be liable for results of interpretations or decisions rendered in good faith.ctor and 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contra accordance with SectionThe Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in Maker Decision 9 81.1. § rials.surveys, models, sketches, drawings, specifications, and other similar materespective professional services agreements. Instruments of Service may include, without limitation, studies, performed by the Architect and the Architect’s consultants under their tangible and intangible creative work Instruments of Service are representations, in any medium of expression now known or later developed, of the Service of Instruments 8 71.1. § andards and workmanship for the Work, and performance of related services.equipment, systems, stThe Specifications are that portion of the Contract Documents consisting of the written requirements for materials, Specifications The 7 61.1. § ork, generally including plans, elevations, sections, details, schedules, and diagrams.dimensions of the WThe Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and Drawings The 6 51.1. § or a part and which may include construction by the Owner and by Separate Contractors.y be the whole The Project is the total construction of which the Work performed under the Contract Documents ma Project The 5 41.1. § the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project.r to be provided by partially completed, and includes all other labor, materials, equipment, and services provided o The term “Work” means the construction and services required by the Contract Documents, whether completed or Work The 4 31.1. § as Constructor, as modified. Agreement Between Owner and Construction Manager2019, Standard Form -pursuant to the A133 as Constructor The term “Contractor” means the Construction Manager Contractor The 1.1.3 § intended to facilitate performance of the Architect’s duties.Contract Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the between the Owner subcontractor, (3)-Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Modification. The Contract Documents shall written or oral. The Contract may be amended or modified only by aagreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either e Contract for Construction. The Contract represents the entire and integrated The Contract Documents form th Contract The 1.1.2 § requirements. or proposal proposal, or portions of Addenda relating to bidding other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or mple forms, Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, saorder for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the tion Change Directive, or (4) a written parties, (2) a Change Order, (3) a Construcboth to the Contract signed by the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment sued prior to execution of the Contract, other documents listed in Conditions), Drawings, Specifications, Addenda isAgreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Documents Contract The 1.1.1 § 1.1 Basic Definitions § PROVISIONS GENERAL 1 ARTICLE 10 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 404 certified or registered mail, or by courier providing proof of delivery.duly served only if delivered to the designated representative of the party to whom the notice is addressed by shall be deemed to have been Notice of Claims as provided in Section 15.1.3 shall be provided in writing and 1.6.2 § set forth in the Agreement. transmission ismethod for electronic if acourier, or by electronic transmission have been duly served if delivered in person, by mail, by whom the notice is addressed and shall be deemed to give notice to the other party, such notice shall be provided in writing to the designated representative of the party to ded in Section 1.6.2, where the Contract Documents require one party to notify or Except as otherwise provi 1.6.1 § Notice 1.6 § without the specific written consent of the Owner, Architect, and the Architect’s consultants.ot use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work nsubcontractors, and suppliers may -if any, shown on the Instruments of Service. The Contractor, Subcontractors, Suband exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, solely ns 1.7 and 1.8,, subject to any protocols established pursuant to SectioInstruments of Service provided to themsubcontractors, and suppliers are authorized to use and reproduce the -The Contractor, Subcontractors, Sub 1.5.2 § Architect’s consultants’ reserved rights.other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for hall not own or claim a subcontractors, and suppliers s-including copyrights. The Contractor, Subcontractors, SubSpecifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, ve Instruments of Service, including the Drawings and shall be deemed the authors and owners of their respecti Architect and the Architect’s consultants Subject to the Agreement between Owner and Architect, the The 1.5.1 § and Other Instruments of Service ,1.5 Ownership and Use of Drawings, Specifications § another is not intended to affect the interpretation of either statement.articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in ts frequently omit modifying words such as “all” and “any” and In the interest of brevity the Contract Documen Interpretation 1.4 § numbered articles, or (3) the titles of other documents published by the American Institute of Architects.l Conditions include those that are (1) specifically defined, (2) the titles of Terms capitalized in these Genera Capitalization 1.3 § industry meanings are used in the Contract Documents in accordance with such recognized meanings.known technical or construction -nless otherwise stated in the Contract Documents, words that have wellU 1.2.3 § performed by any trade.not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall 1.2.2 § intentions and purposes in executing the Contract. ’effect to the partiesthe Contract Documents shall be construed, to the fullest extent permitted by law, to give enforceable. In such caseto make that provision legal and or unenforceable, then that provision shall be revised to the extent necessary provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid uments shall not invalidate the Contract or its remaining The invalidity of any provision of the Contract Doc § indicated results.consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the performance by the Contractor shall be required only to the extent one shall be as binding as if required by all; completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by The intent of the Contract Documents is to include all items necessary for the proper execution and 1.2.1 § 1.2 Correlation and Intent of the Contract Documents § 11 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 405 required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental idential” information, after seven (7) days’ notice to the Owner, where disclosure is Contractor may disclose “conf Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Where the Owner has designated information furnished under this Section 2.2 as “confidential,” the 2.2.4 § ractor.materially vary such financial arrangements without prior notice to the ContAfter the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not 2.2.3 § interest as provided in the Contract Documents.up, plus -nd start Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay a the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract change until reasonable evidence is provided. If may immediately stop only that portion of the Work affected by the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor , if the . Howeverthat the Work has stopped the Owner at event, shall notifyimmediately stop the Work and, in thmay Contractor provide such evidence, as required, within fourteen days of the Contractor’s request, the a change in the Work materially changes the Contract Sum. If the Owner fails to make payment when due; or (3)y to Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s abilit obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract arrangements to fulfill the Owner’s to the Contractor reasonable evidence that the Owner has made financialFollowing commencement of the Work and upon written request by the Contractor, the Owner shall furnish 2.2.2 § be extended appropriately.r this Section 2.2.1, the Contract Time shall provides such evidence. If commencement of the Work is delayed undeobligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner evidence that the Owner has made financial arrangements to fulfill the Owner’s the Contractor reasonablePrior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to 2.2.1 § 2.2 Evidence of the Owner’s Financial Arrangements § ally referred to as the site, and the Owner’s interest therein.information shall include a correct statement of the record legal title to the property on which the Project is located, necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such request, information The Owner shall furnish to the Contractor, within fifteen days after receipt of a written 2.1.2 § “Owner” means the Owner or the Owner’s authorized representative.The term 4.2.1, the Architect does not have such authority. otherwise provided in Section . Except asauthorization who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or designate in writing a representative authority to agree to any adjustments in the Contract Sum or Contract Time.as no governing body. Except as expressly delegated by the Owner’s governing body, the Owner’s representative hOwner’s behalf only with respect to specific matters delegated to the representative in writing by the Owner’s representative authorized to act on the identify a Contract Documents as if singular in number. The Owner shall The Owner is the person or entity identified as such in the Agreement and is referred to throughout the 2.1.1 § 2.1 General § OWNER 2 ARTICLE of their agents and employees. contributors to, the building information model, and each relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or roject Building Information Modeling Protocol Form, shall be at the using or 2013, P–AIA Document G202™2013, Building Information Modeling and Digital Data Exhibit, and the requisite –forth in AIA Document E203™governing the use of, and reliance on, the information contained in the model and without having those protocols set cols Any use of, or reliance on, all or a portion of a building information model without agreement to proto Reliance and Use Models Information Building 1.8 § and exchange of digital data.it, to establish the protocols for the development, use, transmission, Information Modeling and Digital Data Exhib2013, Building –parties will use AIA Document E203™ r documentation in digital form. information ohe parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other T Transmission and Use Data 1.7 § 12 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 406 Article 15.wner, the Contractor may file a Claim pursuant to mounts claimed as costs to the OOwner or the Architect, or the ans of the If the Contractor disagrees with the actio amounts, the Contractor shall pay the difference to the Owner.If current and future payments are not sufficient to cover such h default, neglect, or failure.made necessary by suc e Architect’s additional services correcting such deficiencies, including Owner’s expenses and compensation for th reasonable cost of for to the extent reasonably necessary to reimburse the Owner hole or in part,Payment in wy a Certificate for ection 9.5.1, withhold or nullifsuant to S ,the Architect mayprior approval of the Architect and Such action by the Owner and amounts charged to the Contractor are both subject to correct such default or neglect.romptness, the Owner may, without prejudice to other remedies the Owner may have, or neglect with diligence and pday period after receipt of notice from the Owner to commence and continue correction of such default -within a tenthe Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails Work the Out Carry to Right Owner’s 2.5 § 6.1.3. required by Sectionof the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent r to stop the Work shall not give rise to a duty on the part order has been eliminated; however, the right of the OwneOwner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such repeatedly fails to carry out Work in accordance with the Contract Documents, the 12.2 or required by SectionIf the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as Work the Stop to Right Owner’s 2.4 § 1.5.2. cuments for purposes of making reproductions pursuant to Sectionthe Contract DoUnless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of 2.3.6 § Contractor’s written request for such information or services.ce of the Work with reasonable promptness after receiving the and relevant to the Contractor’s performanreasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control The Owner shall furnish information or services required of the Owner by the Contract Documents with 2.3.5 § utilitiesor verifying the accuracy of all utility locations supplied by private The Contractor shall be responsible f Work.information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Contractor shall be entitled to rely on the accuracy of The Owner does not warrant for accuracy, which Except for utility locations provided by private utilities, the site of the Project, and a legal description of the site. The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for 2.3.4 § tect.has no reasonable objection and whose status under the Contract Documents shall be that of the ArchiIf the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor 2.3.3 § tract Documents as if singular in number.Agreement and is referred to throughout the Conarchitecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the chitect lawfully licensed to practice architecture, or an entity lawfully practicing The Owner shall retain an ar 2.3.2 § changes in existing facilities.assessments and charges required for construction, use or occupancy of permanent structures or for permanent 3.7.1, the Owner shall secure and pay for necessary approvals, easements, including those required under SectExcept for permits and fees that are the responsibility of the Contractor under the Contract Documents, 2.3.1 § 2.3 Information and Services Required of the Owner § confidentiality of such information.e to maintain the know the content of such information solely and exclusively for the Project and who agresubcontractors, and others who need to -employees, consultants, sureties, Subcontractors and their employees, Sub or may also disclose “confidential” information to its entity, or by court or arbitrator(s) order. The Contract 13 (1681088820) User Notes: .mail docinfo@aiacontracts.com -Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 407 locations and descriptions, and must give the Owner and the Architect timely notice in writing of same and of any Documents including any differences between actual and indicated dimensions, Contractor’s review of the Contract inconsistencies, omissions, ambiguities, construction impracticalities or code violations discovered as a result of the The Contractor must promptly notify the Owner and the Architect in writing of any apparent errors, 3.2.6 § affected Work.and request direction before proceeding with the compliance as provided in Section 3.2.6 -Architect of the nontOwner or its designees acting in the capacity of building code inspectors, the Contractor must promptly notify , and rules and regulations, or any orders by code enforcement officials or the statutes, ordinances, building codesIf the Contractor believes that any portions of the Contract Documents do not comply with applicable laws, 3.2.5 § or by others are in proper condition to receive subsequent Work. Subcontractorsusly performed by the regulations bearing on the performance of the Work and that portion of Work previois in compliance with the Contract Documents and applicable laws and Subcontractorspreviously performed by the pections during the progress of the Work to confirm that Work The Contractor must make frequent ins 3.2.4 § request for information in such form as the Architect may require.shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a c authorities, but the Contractor laws, statutes, ordinances, codes, rules and regulations, or lawful orders of publiThe Contractor is not required to ascertain that the Contract Documents are in accordance with applicable 3.2.3 § therwise specifically provided in the Contract Documents.unless o Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, Contractor as a request for information in such form as the Architect may require. It is recognized that the y or made known to the shall promptly report to the Architect any errors, inconsistencies or omissions discovered bpurpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor construction by the Contractor and are not for the obligations are for the purpose of facilitating coordination andconditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These 2.3.4, shall take field measurements of any existing Owner pursuant to Sectionthe information furnished by the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the 3.2.2 § .personal observations with requirements of the Contract Documentsth local conditions under which the Work is to be performed, and correlated site, become generally familiar wiExecution of the Contract by the Contractor is a representation that the Contractor has visited the proposal periodhitect of and obtained clarification of any discrepancies which have become apparent during the bidding or the Arcperformed, has correlated personal observations with the requirements of the Contract Documents, and has notified Contract Documents, has visited the Site and is familiar with local conditions under which the Work is to be iewed and understands the By executing the Contract, the Contractor represents that the Contractor has rev 3.2.1 § 3.2 Review of Contract Documents and Field Conditions by Contractor § inspections or approvals required or performed by persons or entities other than the Contractor.Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract 3.1.3 § tract Documents.The Contractor shall perform the Work in accordance with the Con 3.1.2 § the Contractor or the Contractor’s authorized representative.express authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall haContract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the and is referred to throughout the The Contractor is the person or entity identified as such in the Agreement 3.1.1 § 3.1 General § CONTRACTOR 3 ARTICLE 14 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 408 signed to them.persons or persons not properly skilled in tasks asand other persons carrying out the Work. The Contractor shall not permit employment of unfit Subcontractors,, The Contractor shall enforce strict discipline and good order among the Contractor’s employees 3.4.3 § Construction Change Directive.only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or 7.4, the Contractor may make substitutions ordered by the Architect in accordance with Section 3.12.8 or Sectionby the Architect in accordance with approvedExcept in the case of minor changes in the Work 3.4.2 § and whether or not incorporated or to be incorporated in the Work.or proper execution and completion of the Work, whether temporary or permanent facilities and services necessary fmaterials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, .13.4 § 3.4 Labor and Materials § such portions are in proper condition to receive subsequent Work.The Contractor shall be responsible for inspection of portions of Work already performed to determine that 3.3.3 § Contractor or any of its Subcontractors. on behalf of, theSubcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, 3.3.2 § cedures. its alternative means, methods, techniques, sequences, or pro Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using e solely for conformance with the design intent for the completed construction. shall evaluate the proposed alternativand Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect echniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner methods, tsafety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite sequences, or Documents give specific instructions concerning construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract ve control over, construction means, methods, techniques, Contractor shall be solely responsible for, and ha The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The 3.3.1 § 3.3 Supervision and Construction Procedures § ons, and lawful orders of public authorities.ordinances, codes, rules and regulatiand the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, nconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions iobligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, performs those If the Contractoras would have been avoided if the Contractor had performed such obligations. subject to Section 15.1.7, e Owner, , the Contractor shall pay such costs and damages to th.2 or 3.2.3 of Sections, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations 3.2.32 or 3.2. srequests for information pursuant to Section the Architect issues in response to the Contractor’s notices or If the Contractor believes that additional cost or time is involved because of clarifications or instructions 8 43.2. § pense and all claims relating thereafter are specifically waived.own risk and ex theirdo so at SubcontractorsOwner and the Architect and request for correction, clarification or additional information, as appropriate, the have been discovered by the review required by Section 3.2, without prompt written notice to the could reasonablyimpracticality, omission or code violation in the Contract Documents of which the Contractor is aware, or which perform any Work involving an apparent error, inconsistency, ambiguity, construction SubcontractorsIf the 3.2.7 § observed. to any variance between its review of the Site and physical data and Site conditionsgreater detail or to permit the proper progress of the Work. The Contractor must provide similar notice with respect s, or other information required to define the Work in corrections, clarifications, additional Drawings or Specification 15 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 409 t no change in the terms of the Contract is justified, the Architect those indicated in the Contract Documents and thaor Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from of the Work, will recommend that an equitable adjustment be made in the Contract Sum for, performance of any part determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect after firstprovide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days construction activities of the character provided for in the Contract Documents, the Contractor shall promptly nized as inherent in unusual nature that differ materially from those ordinarily found to exist and generally recogthat differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an surface or otherwise concealed physical conditions If the Contractor encounters conditions at the site that are (1) sub Conditions Unknown or Concealed 3.7.4 § for such Work and shall bear the costs attributable to correction.s of public authorities, the Contractor shall assume appropriate responsibility rules and regulations, or lawful orderIf the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, 3.7.3 § rules and regulations, and lawful orders of public authorities applicable to performance of the Work.The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, 3.7.2 § required at the time bids are received or negotiations concluded.that are customarily secured after execution of the Contract and legally execution and completion of the Work permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building 3.7.1 § 3.7 Permits, Fees, Notices and Compliance with Laws § to go into effect.legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled lar taxes for the Work provided by the Contractor that are The Contractor shall pay sales, consumer, use and simi Taxes 3.6 § nonconforming Work pursuant to Article 12.Equals” or Substitutions, Allowance items, Work that is defective or nonconforming, or the acceptance of -“Or in connection with the approval of Substantial Completion. The Owner may require additional special warrantiesThe Contractor must furnish all special warranties under the Contract Documents to the Owner no later than 3.5.4 § Contract Documents.y additional or special warranties under the Owner relating to any breach of the Contractor’s general warranty or an also be liable for any damage to property or persons (including death) including consequential and direct damages to r remedies provided in the Contract Documents. The Contractor shall Article 12, nor are they limited by any othecorrect defective or nonconforming Work as provided in require the Subcontractors to Contractor’s obligations to The Contractor’s general warranty and any additional or special warranties are not limited by the 3.5.3 § the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4.All material, equipment, or other special warranties required by the Contract Documents shall be issued in 3.5.2 § and equipment.required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials al wear and tear and normal usage. If Contractor, improper or insufficient maintenance, improper operation, or normwarranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the ing to these requirements may be considered defective. The Contractor’s Work, materials, or equipment not conformfree from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. urther warrants that the Work will conform to the requirements of the Contract Documents and will be Contractor fContract will be of good quality and new unless the Contract Documents require or permit otherwise. The The Contractor warrants to the Owner and Architect that materials and equipment furnished under the 3.5.1 § 3.5 Warranty § 16 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 410 appropriate intervals as required by the conditions of the Work and Project.exceed time limits current under the Contract Documents. The schedule shall be revised at completion and shall not completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for date of Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the mit for the Owner’s and Architect’s The Contractor, promptly after being awarded the Contract, shall sub 3.10.1 § 3.10 Contractor’s Construction and Submittal Schedules § which shall not unreasonably be withheld or delayed.or shall not change the superintendent without the Owner’s consent, reasonable and timely objection. The ContractThe Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made 3.9.3 § period shall constitute notice of no reasonable objection.day -rchitect to provide notice within the 14superintendent or (2) requires additional time for review. Failure of the Amay notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed dent. Within 14 days of receipt of the information, the Architect the name and qualifications of a proposed superintenThe Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of 3.9.2 § during all business hours, and outside of business hours in the event of an emergency.contacted cell phone number to Owner and Architect and must be available to be and must provide his or her email address. The Superintendent communications given to the superintendent shall be as binding as if given to the Contractor.ontractor, and at the Project site during performance of the Work. The superintendent shall represent the CThe Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance 3.9.1 § 3.9 Superintendent § ith reasonable promptness.Materials and equipment under an allowance shall be selected by the Owner w 3.8.3 § 3.8.2.2. Section 3.8.2.1 and (2) changes in Contractor’s costs under costs and the allowances under Sectionhe Change Order shall reflect (1) the difference between actual by Change Order. The amount of twhenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly .3 but not in the allowances; andexpenses contemplated for stated allowance amounts shall be included in the Contract Sum and other Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, .2 all required taxes, less applicable trade discounts;cover the cost to the Contractor of materials and equipment delivered at the site and allowances shall .1 Unless otherwise provided in the Contract Documents, 3.8.2 § objection.but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable y such persons or entities as the Owner may direct, covered by allowances shall be supplied for such amounts and bThe Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items 3.8.1 § 3.8 Allowances § Article 15.such remains or features may be made as provided in Contract Sum and Contract Time arising from the existence of shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the inue to suspend such operations until otherwise instructed by the Owner but the operations. The Contractor shall contnotice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume ny operations that would affect them and shall notify the Owner and Architect. Upon receipt of such suspend amarkers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial 3.7.5 § Article 15. determination or recommendation, that party may submit a Claim as provided in shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s 17 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 411 flicts in the Work resulting from such failure.required to have been obtained prior to proceeding with the Work, including, but not limited to, correction of any any Work the correction of which is required due to the Contractor’s failure to obtain approval of a submittal justment in Contract Time, must correct at its cost, and without any ad ContractorThe approved by the Architect.until the respective submittal has been ,and review of Shop Drawings, Product Data, Samples, or similar submittalsork for which the Contract Documents require submittal The Contractor shall perform no portion of the W 3.12.7 § Documents.coordinated the information contained within such submittals with the requirements of the Work and of the Contract nstruction criteria related thereto, or will do so, and (3) checked and materials, field measurements and field cothe Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to 3.12.6 § submittals made to regulatory agencies.The Contractor must provide the Owner and the Architect with copies of all s.the Owner or of Separate Contractorschedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of ordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal ,Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract DocumentsThe Contractor shall review for compliance with the Contract Documents, approve, and submit to the 3.12.5 § by the Architect without action.are not required by the Contract Documents may be returned Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that 4.2.7. Informational submittals upon which the ect to the limitations of SectionReview by the Architect is subjin the Contract Documents for those portions of the Work for which the Contract Documents require submittals. is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed and similar submittals are not Contract Documents. Their purpose ,Shop Drawings, Product Data, Samples 3.12.4 § by which the Work will be judged.and establish standards ,Samples are physical examples that illustrate materials, equipment, or workmanship 3.12.3 § and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. ,tions, standard schedules, performance charts, instructions, brochures, diagramsProduct Data are illustra 3.12.2 § the Work.subcontractor, manufacturer, supplier, or distributor to illustrate some portion of -Contractor or a Subcontractor, Subgs are drawings, diagrams, schedules, and other data specially prepared for the Work by the Shop Drawin 3.12.1 § 3.12 Shop Drawings, Product Data and Samples § constructed.and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as nic form or paper copy, available to the Architect and Owner, similar required submittals. These shall be in electrochanges and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and nge Directives, and other Modifications, in good order and marked currently to indicate field Construction ChaChange Orders, including The Contractor shall make available, at the Project site, the Contract Documents, 3.11 Documents and Samples at the Site § the Owner and Architect. approved bytosubmitted accordance with the most recent schedules The Contractor shall perform the Work in general 3.10.3 § increase in Contract Sum or extension of Contract Time based on the time required for review of submittals.rdance with the approved submittal schedule, the Contractor shall not be entitled to any provide submittals in accothe Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to d. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow withhel Architect’s approval shall not be unreasonably delayed or Owner’s and Architect’s approval. The Owner’s and , shall submit a submittal schedule for the within ten (10) days of execution of the Contract submittal scheduleessary to maintain a current The Contractor, promptly after being awarded the Contract and thereafter as nec 3.10.2 § 18 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 412 ing, fitting, or patching, unless otherwise required by the Contract Documents.existing prior to the cuttmake its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to 3.14.1 § 3.14 Cutting and Patching § arising out of the Contractor’s or Subcontractors’ use of such facilities.shall indemnify, defend, and hold Owner harmless from and against any claims Contractor’s use, and Contractor any such facilities available to Contractor, it is without representation or warranty as to their adequacy for ry temporary facilities, including power, water, sanitation, scaffolding, storage, and security. If Owner makes necessaExcept as may be specifically provided in the Contract Documents, the Contractor shall provide all 3.13.3 § before using any portion of the site.ontractor shall coordinate the Contractor’s operations with, and secure the approval of the Architect The C 3.13.2 § not unreasonably encumber the site with materials or equipment.ordinanc es, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall at the site to areas permitted by applicable laws, statutes, The Contractor shall confine operations .1 3.13 § Site of Use 3.13 § the time and in the form specified by the Architect.performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at Work has been If the Contract Documents require the Contractor’s design professional to certify that the 3.12.10.2 § ssed in the Contract Documents.and the design concept expren submittals only for the limited purpose of checking for conformance with information given appropriate action o3.12.10, the Architect will review and approve or take other services must satisfy. Pursuant to this Sectionprovided the Owner and Architect have specified to the Contractor the performance and design criteria that such professionals, and accuracy of the services, certifications, and approvals performed or provided by such design approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy hers, shall bear such professional’s written Work, designed or certified by such professional, if prepared by otDrawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the appear on all drawings, calculations, specifications, certifications, Shop professional, whose signature and seal shallContractor shall cause such services or certifications to be provided by an appropriately licensed design the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The uponspecify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will tems, materials, or If professional design services or certifications by a design professional related to sys 3.12.10.1 § required to provide professional services in violation of applicable law.ns, methods, techniques, sequences, and procedures. The Contractor shall not be responsibilities for construction mea the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s hitecture or engineering unless such services are specifically required by the Contract Documents for a portion of The Contractor shall not be required to provide professional services that constitute the practice of § absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions.hitect on previous submittals. In the Samples, or similar submittals, to revisions other than those requested by the ArcThe Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, 3.12.9 § by the Architect’s approval thereof. ,similar submittals Drawings, Product Data, Samples, orauthorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop tion as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued deviaArchitect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific unless the Contractor has specifically notified the ,Shop Drawings, Product Data, Samples, or similar submittals itect’s approval of of responsibility for deviations from the requirements of the Contract Documents by the ArchThe Work shall be in accordance with approved submittals except that the Contractor shall not be relieved 3.12.8 § 19 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 413 compensation acts, disability benefit acts, or other employee benefit acts.rs’ damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under worke3.18.1 shall not be limited by a limitation on amount or type of liable, the indemnification obligation under Sectionm, or anyone for whose acts they may be Contractor, a Subcontractor, anyone directly or indirectly employed by the3.18 by an employee of the In claims against any person or entity indemnified under this Section 3.18.2 § 3.18. described in this Sectionld otherwise exist as to a party or person abridge, or reduce other rights or obligations of indemnity that wouloss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, they may be liable, regardless of whether or not such claim, damage, employed by them, or anyone for whose acts the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly or to injury to or destruction of tangible property (other than the Work itself), but only to sickness, disease or death, performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from claims, Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against and hold harmless the , defend,the Contractor shall indemnify ,To the fullest extent permitted by law 3.18.1 § 3.18 Indemnification § ed to the Architect.loss unless the information is promptly furnishcopyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the or other documents prepared by the Owner or Architect. However, if an infringement of a ,Drawings, Specificatior manufacturers is required by the Contract Documents, or where the copyright violations are contained in shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer of, but of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereThe Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement Copyrights and Patents yalties,Ro 3.17 § located.The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever Work to Access 3.16 § Owner shall be entitled to reimbursement from the Contractor.ocuments, the Owner may do so and the If the Contractor fails to clean up as provided in the Contract D 3.15.2 § from and about the Project.remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials tion of the Work, the Contractor shall materials and rubbish caused by operations under the Contract. At compleThe Contractor shall keep the premises and surrounding area free from accumulation of waste about the Project.’ tools, construction equipment, machinery and surplus materials from and materials, rubbish, the Subcontractorsoperations under the Contract. At completion of the Work, the Contractor shall promptly cause removal of waste hall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by sOwner may clean the Site and back charge the Contractor for all costs associated with the cleaning. The Contractor eight (48) hours after notice or as otherwise required by the Contract Documents, the -the Architect within fortytisfactory to the Owner or suitably stored when not in use. If the Contractor fails to do so in a manner reasonably saby operations under the Contract, and must keep tools, construction equipment, machinery and surplus materials rom accumulation of waste materials or rubbish caused The Contractor must keep the Site and adjacent areas free f 3.15.1 § 3.15 Cleaning Up § cutting or otherwise altering the Work.withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to unreasonably except with written consent of the Owner and of the Separate Contractor. Consent shall not be by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor ng, or otherwise altering such construction, or construction of the Owner or Separate Contractors by cutting, patchiThe Contractor shall not damage or endanger a portion of the Work or fully or partially completed 3.14.2 § 20 (1681088820) User Notes: .mail docinfo@aiacontracts.co m-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 414 suppliers, their agents or employees, or other persons or entities performing portions of the Work.duty or responsibility of the Architect to the Contractor, Subcontractors, exercise such authority shall give rise to a However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to ce with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. Work in accordanArchitect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the 4.2.6 § nts.and certify the amounts due the Contractor and will issue Certificates for Payment in such amou Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review 4.2.5 § may specify other communication protocols.Owner. The Contract Documents suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the nd with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and aCommunications by t.direct communications between the Owner and the Contractor otherwise relating to the Projecservices or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any to or affect the Architect’s The Owner and Contractor shall include the Architect in all communications that relate 4.2.4 Communications § or their agents or employees, or any other persons or entities performing portions of the Work.or omissions of, the Contractor, Subcontractors, have control over or charge of, and will not be responsible for acts failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not in the Work. The Architect will not be responsible for the Contractor’s and (3) defects and deficiencies observedContract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the qualityOn the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and 4.2.3 § Contractor’s rights and responsibilities under the Contract Documents.ms in connection with the Work, since these are solely the procedures, or for the safety precautions and progranot have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or site inspections to check the quality or quantity of the Work. The Architect will -uous onmake exhaustive or continfully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to and to determine in general if the Work observed is being performed in a manner indicating that the Work, when ted, with the Owner, to become generally familiar with the progress and quality of the portion of the Work compleThe Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed 4.2.2 § Documents.in the Contract The Architect will have authority to act on behalf of the Owner only to the extent provided an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. escribed in the Contract Documents and will be The Architect will provide administration of the Contract as d 4.2.1 § 4.2 Administration of the Contract § Consent shall not be unreasonably withheld.or extended without written consent of the Owner, Contractor, and Architect. ,t be restricted, modifiedshall noand limitations of authority of the Architect as set forth in the Contract Documents , Duties, responsibilities 4.1.2 § the Agreement.The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in 4.1.1 § 4.1 General § ARCHITECT 4 ARTICLE enforce the prevailing wage requirement for subcontractors of any tier.language in its agreements with any subcontractors to allow Contractor to monitor and and all necessary contract . Contractor agrees further that it will incorporate any et seqin accordance with Minnesota Statutes, Section 177.42, agrees that all laborers or mechanics working on the Project shall receive at least the prevailing wage rate Contractor \[WME1\] § 3.20 Prevailing Wage 21 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 415 subcontractor.-ive of the Subsubcontractor or an authorized representat-Documents as if singular in number and means a Sub subcontractor” is referred to throughout the Contract -perform a portion of the Work at the site. The term “Sub direct or indirect contract with a Subcontractor to subcontractor is a person or entity who has a -A Sub 5.1.2 § does not include a Separate Contractor or the subcontractors of a Separate Contractor.er and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” numb the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of 5.1.1 § 5.1 Definitions § ORSSUBCONTRACT 5 ARTICLE Specifications in response to the requests for information.reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and made in writing within any time limits agreed upon or otherwise with Architect’s response to such requests will be The Architect will review and respond to requests for information about the Contract Documents. The 4.2.14 § expressed in the Contract Documents.to aesthetic effect will be final if consistent with the intent The Architect’s decisions on matters relating 4.2.13 § and will not be liable for results of interpretations or decisions rendered in good faith. ,show partiality to eitherll endeavor to secure faithful performance by both Owner and Contractor, will not and decisions, the Architect wifrom, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable 4.2.12 § will be made in writing within any time limits agreed upon or otherwise with reasonable promptness.chitect’s response to such requests Contract Documents on written request of either the Owner or Contractor. The ArThe Architect will interpret and decide matters concerning performance under, and requirements of, the 4.2.11 § es and limitations of authority of the Project representatives.duties, responsibiliti carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in .2.104 § 9.10. Section9.10; and issue a final Certificate for Payment pursuant to assembled by the Contractor pursuant to Section Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and d forward to the 9.8; receive an of final completion; issue Certificates of Substantial Completion pursuant to SectionThe Architect will conduct inspections to determine the date or dates of Substantial Completion and the date 4.2.9 § 3.7.4. itions as provided in Sectionrecommendations regarding concealed and unknown cond7.4. The Architect will investigate and make determinations and changes in the Work as provided in Sectionminor orderThe Architect will prepare Change Orders and Construction Change Directives, and may 4.2.8 § approval of a specific item shall not indicate approval of an assembly of which the item is a component.or procedures. The Architect’s ,of safety precautions or of any construction means, methods, techniques, sequencesll not constitute approval 3.3, 3.5, and 3.12. The Architect’s review sha Contractor of the obligations under Sections required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the which remain the responsibility of the Contractor as installation or performance of equipment or systems, all of accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for Review of such submittals is not conducted for the purpose of determining the judgment to permit adequate review.submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved with information given and the design concept expressed in the Contract Documents. The Architect’s action will such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance upon, the Contractor’s submittals The Architect will review and approve, or take other appropriate action 4.2.7 § 22 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 416 creases in cost resulting from the suspension.compensation shall be equitably adjusted for in Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s 5.4.2 § obligations under the subcontract.subcontract agreement, the Owner assumes the Contractor’s rights and When the Owner accepts the assignment of a Contract.assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the .2 Subcontractor and Contractor; andtract agreements that the Owner accepts by notifying the 14.2 and only for those subcon Sectionassignment is effective only after termination of the Contract by the Owner for cause pursuant to .1 thatEach subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided 5.4.1 § 5.4 Contingent Assignment of Subcontracts § subcontractors.-similarly make copies of applicable portions of such documents available to their respective proposed Subact agreement that may be at variance with the Contract Documents. Subcontractors will the proposed subcontrwill be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor tor, subcontractors. The Contractor shall make available to each proposed Subcontrac-similar agreements with SubDocuments, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into t the Contractor, by the Contract and redress against the Contractor tha ,agreement, the benefit of all rights, remediesprejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract contractor so that subcontracting thereof will not Documents with respect to the Work to be performed by the SubEach subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract he Contractor, by these Contract Documents, assumes toward the Owner and Architect. Subcontractor’s Work that t toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume to be By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work Relations Subcontractual 5.3 § or Architect makes reasonable objection to such substitution., or entity for one previously selected if the Owner The Contractor shall not substitute a Subcontractor, person 5.2.4 § in submitting names as required.Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively Work. However, no increase in the Contract shall be issued before commencement of the substitute Subcontractor’s be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order capable of performing the Work, the Contract Sum and Contract Time shall rejected Subcontractor was reasonablyContract or shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the 5.2.3 § Statutes Section 471.463, subd. 5.a Any objection must not be contrary to the requirements of Minnesot Contractor has made reasonable objection.reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the y to whom the Owner or Architect has made The Contractor shall not contract with a proposed person or entit 5.2.2 § . , subdivision 5471.463 s 471.345 andSectionshall be in accordance with Minnesota Statutes k for the project or other contracts for trade worSubcontracts d of Awaronable objection.day period shall constitute notice of no reas-Architect to provide notice within the 14reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the tractor whether the Owner or the Architect (1) has receipt of the information, the Architect may notify the ConWork, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of d Architect of the persons or entities proposed for each principal portion of the an Contract, shall notify the Owner, the Contractor, as soon as practicable after award of the tated in the Contract DocumentsUnless otherwise s 5.2.1 § Award of Subcontracts and Other Contracts for Portions of the Work 5.2 § 23 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 417 3.14. r the Contractor in Sectiondescribed foThe Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are 6.2.5 § 10.2.5. partially completed construction or to property of the Owner or Separate Contractor as provided in Sectionompleted or The Contractor shall promptly remedy damage that the Contractor wrongfully causes to c 6.2.4 § improperly timed activities, damage to the Work or defective construction.Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, shall be responsible to the Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate 6.2.3 § parent.apfor discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible r’s completed or partially Work shall constitute an acknowledgment that the Owner’s or Separate Contracto Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the le for proper execution and results of the Contractor’s Work. Separate Contractor that would render it unsuitabpromptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or rate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, the Owner or a Sepa If part of the Contractor’s Work depends for proper execution or results upon construction or operations by 6.2.2 § Contractor’s construction and operations with theirs as required by the Contract Documents.connect and coordinate the storage of their materials and equipment and performance of their activities, and shallThe Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and 6.2.1 § 6.2 Mutual Responsibility § and 12. ,Articles 10, 11including, without excluding others, those stated in Article 3, this Article 6, and Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, r with Separate Contractors, the Owner or its Separate related to the Project with the Owner’s own forces o Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations 6.1.4 § subsequently revised.ner until be used by the Contractor, Separate Contractors, and the Owschedules shall then constitute the schedules to revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction ors and the Owner in reviewing their construction schedules. The Contractor shall make any any Separate ContractContractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate 6.1.3 § ement.Contractor Agre-each separate Owner on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes en separate contracts are awarded for different portions of the Project or other construction or operations Wh 6.1.2 § waiver of subrogation.to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and ’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar Owneragreements. The Owner reserves the right to perform construction or operations related to the Project with the The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate 6.1.1 § and to Award Separate Contracts 6.1 Owner’s Right to Perform Construction § CONTRACTORS SEPARATE BY OR OWNER BY CONSTRUCTION 6 ARTICLE subcontract.the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the tor or other entity, successor contractor or other entity. If the Owner assigns the subcontract to a successor contrac5.4, the Owner may further assign the subcontract to a Upon assignment to the Owner under this Section 5.4.3 § 24 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 418 Order.A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change 7.3.2 § Contract Sum and Contract Time being adjusted accordingly.tions, or other revisions, the in the Work within the general scope of the Contract consisting of additions, deleTime, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes eement on adjustment, if any, in the Contract Sum or Contract Architect, directing a change in the Work prior to agrA Construction Change Directive is a written order prepared by the Architect and signed by the Owner and 7.3.1 § 7.3 Construction Change Directives § sign the Change Order.til the Owner and Architect Contract Time, or both, for further action by the Owner. No such change is effective unrequest for a Change Order or Contract Amendment providing for an appropriate adjustment in the Contract Sum or is appropriate, the Architect will prepare and submit a If the Owner determines that a Change Proposal 3 7.2. § Proposal in accordance with this Section 7.2.2 without accepting the Change Proposal in its entirety.Owner may, at its option, instruct the Contractor to proceed with the Work involved in the Change discretion. The(10%). Change Proposals will be binding upon the Contractor and may be accepted or rejected by the Owner in its subcontractor’s overhead and profit in turn must not exceed a total aggregate of ten percent -Subcontractor’s or Sub itions). The specific overhead and general cond-profit and overhead (which includes office overhead and Sitematerials, supplies and equipment, rental cost of machinery and equipment, additional bond cost, plus a fixed fee for permit evaluation including cost of labor, properly itemized and supported by sufficient substantiating data to Contract Time. Any proposed adjustment must include detailed documentation including, but not limited to: cost, e Contractor believes to be necessary in (i) the Contract Sum, or (ii) the must include any adjustment which thChange Proposals will define or confirm in detail the Work which is proposed to be added, deleted, or changed and extension of the Contract Time will be allowed for the cost or time involved in making Change Proposals. or rise to the Contractor’s claim for a change in the Contract Sum or Contract Time. No increase in the Contract Sum days of the event giving one (21)-twentywithin ten (10) days after request of the Owner, or the Architect or within templated Change Order The Contractor must submit Change Proposals to the Architect covering a con 27.2. § The extent of the adjustment, if any, in the Contract Time. .3 The amount of the adjustment, if any, in the Contract Sum; and .2 The change in the Work; .1 the following: Architect stating their agreement upon all ofand ,A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor 7.2.1 § and Change Proposals 7.2 Change Orders § , or order for a minor change in the Work.Construction Change DirectiveContractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Changes in the Work shall be performed under applicable provisions of the Contract Documents. The 7.1.3 § itect alone.the Contractor. An order for a minor change in the Work may be issued by the ArchConstruction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by ed upon agreement among the Owner, Contractor, and Architect. A A Change Order shall be bas 7.1.2 § limitations stated in this Article 7 and elsewhere in the Contract Documents.Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the and without invalidating the Changes in the Work may be accomplished after execution of the Contract, 7.1.1 § 7.1 General § WORK THE IN CHANGES 7 ARTICLE Owner may clean up and the Architect will allocate the cost among those responsible.free from waste materials and rubbish, the respective contracts for maintaining the premises and surrounding area If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their Up Clean to Right Owner’s 6.3 § 25 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 419 issued for all or any part of a Construction Change Directive.agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be act Sum and Contract Time, or otherwise reach agreement upon the adjustments, such adjustments in the ContrWhen the Owner and Contractor agree with a determination made by the Architect concerning the 7.3.10 § as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.ame basis reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the sand certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be ication for payment for those costs The Architect will make an interim determination for purposes of monthly certifmay request payment for Work completed under the Construction Change Directive in Applications for Payment. cost of a Construction Change Directive to the Owner, the Contractor Pending final determination of the total 7.3.9 § be figured on the basis of net increase, if any, with respect to that change.credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall itions and net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both addThe amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a 7.3.8 § hall be recorded as a Change Order.be effective immediately and sincluding adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, 7.3.7 § Contract Time.provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, ith the change in Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed w 7.3.6 § accordance with applicable provisions of Article 15.If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in 7.3.5 § Costs of supervision and field office personnel directly attributable to the change. .5 related to the change; anddirectly ,or similar taxes ,ales, useCosts of premiums for all bonds and insurance, permit fees, and s .4 Contractor or others;Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the .3 consumed;ent, including cost of transportation, whether incorporated or Costs of materials, supplies, and equipm .2 workers’ compensation insurance, and other employee costs approved by the Architect;Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, .1 mited to the following:7.3.4 shall be li provided in the Contract Documents, costs for the purposes of this Sectionas the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise Contractor shall keep and present, in such form 7.3.3.3, the reasonable amount. In such case, and also under Sectionamount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a o the change, including, in case of an increase in the Contract Sum, an those performing the Work attributable tArchitect shall determine the adjustment on the basis of reasonable expenditures and savings of Owner and Sum, the the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract 7.3.4 § 7.3.4. As provided in Section .4 percentage fee; orCost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or .3 Unit prices stated in the Contract Documents or subsequently agreed upon; .2 mit evaluation;Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to .1 based on one of the following methods:If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be 7.3.3 § 26 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 420 Article 15 or the same will be deemed to be conclusively waived.Contractor must file a claim as provided in and no adjustment is made in the Contract Sum, or if the Contractor disagrees with any adjustment made, the adjustment, if any, in the Contract Sum. If the Owner requires an acceleration of the Project Schedule appropriateThe Owner reserves the right to issue a written directive to accelerate the Work that may be subject to an 8.2.8 § the Owner.progress to overcome the delay and ensure that there will be no further delay in the progress of the Work and notify Contractor must, promptly and at no additional cost to the Owner, take all measures necessary to accelerate itsindicating that the Contractor will not be able to conform to the most recently approved Progress Schedule, the Work or has evidence reasonably Owner determines that the Contractor is not diligently proceeding with the If the Contractor’s progress is not maintained in accordance with the approved Progress Schedule, or the 8.2.7 § r to the expiration of the Contract Time but for any claimed delay.have completed the Work prio may not make any claim for delay damages based in whole or in part on the premise that the Subcontractors’ would throughout the Contract Time and the period between Substantial and final Completion. Accordingly, the Contractor The Contractor represents that its bid includes all costs, overhead and profit which may be incurred 8.2.6 § commencement date, progress and completion date of each scheduled activity indicated on the Progress Schedule.proved Progress Schedule the actual Contractor must keep current records of and mark on a copy of the apthe progress of the Work, a copy of the approved Progress Schedule and any approved revisions thereto. The at the Site, available to the Owner and the Architect for their reference during The Contractor must maintain 8.2.5 § within any interim completion dates established in the most recently approved Progress Schedule.the Subcontractor’s to complete the indicated Work or achieve the required percentage of completion, as applicable, ause The Contractor must conform to the most recently approved Progress Schedule. The Contractor must c 8.2.4 § within the Contract Time.The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion 8.2.3 § d Owner.the Work prior to the effective date of insurance required to be furnished by the Contractor anThe Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence 8.2.2 § s a reasonable period for performing the Work.Agreement, the Contractor confirms that the Contract Time iTime limits stated in the Contract Documents are of the essence of the Contract. By executing the 8.2.1 § 8.2 Progress and Completion § defined.ll mean calendar day unless otherwise specifically The term “day” as used in the Contract Documents sha 8.1.4 § 9.8. The date of Substantial Completion is the date certified by the Architect in accordance with Section 8.1.3 § The date of commencement of the Work is the date established in the Agreement. 8.1.2 § the Contract Documents for Substantial Completion of the Work.Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in 8.1.1 § 8.1 Definitions § TIME 8 ARTICLE tension of the Contract Time.Contractor waives any adjustment to the Contract Sum or exchange without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the . If the Contractor performs the Work set forth in the Architect’s order for a minor implement the change in the Workaffect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents 7.4 Minor Changes in the Work § 27 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 421 rly be made for materials and equipment suitably stored off the site at a location by the Owner, payment may similaequipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and .29.3 § on any undisputed amount not paid on time to the Subcontractor(s).half percent (1.5%) per month or any part of a month to the Subcontractor(s) -pay interest at the rate of one and onefor undisputed services provided by the Subcontractor(s) and must Contractor’s receipt of payment from the Owner , the Contractor must pay all subcontractors, less any retainage, within ten (10) calendar days of the subdivision 4a, Act”) mentrompt Pay Minnesota Statutes Section 471.425 (“P As required by intends to pay. whom the ContractorContractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others Applications for Payment shall not include requests for payment for portions of the Work for which the § hange Orders.Architect, but not yet included in Cthe Work that have been properly authorized by Construction Change Directives, or by interim determinations of the 7.3.9, such applications may include requests for payment on account of changes in s provided in SectionA § provided for in the Contract Documents.requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if the Contractor’s right to payment that the Owner or Architect require, such as copies of data substantiating9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all SectionArchitect an itemized Application for Payment prepared in accordance with the schedule of values, if required under e At least ten days before the date established for each progress payment, the Contractor shall submit to th 9.3.1 § 9.3 Applications for Payment § for Payment.y the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications unless objected to bsubmitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and Any changes to the schedule of values shall be as a basis for reviewing the Contractor’s Applications for Payment.sed substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be uthe various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to entire Contract Sum to schedule of values to the Architect before the first Application for Payment, allocating the Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a 9.2 Schedule of Values § shall be equitably adjusted. to the Owner or Contractor, the applicable unit prices inequitysubstantial squantities cause the actual contemplated are materially changed so that application of such unit prices toract Documents or subsequently agreed upon, and if quantities originally If unit prices are stated in the Cont 9.1.2 § payable by the Owner to the Contractor for performance of the Work under the Contract Documents.The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount 9.1.1 § m9.1 Contract Su § COMPLETION AND PAYMENTS 9 ARTICLE the Contract Documents.8.3 does not preclude recovery of damages for delay by either party under other provisions of This Section 8.3.3 § made in accordance with applicable provisions of Article 15. Claims relating to time shall be 8.3.2 § reasonable time as the Architect may determine.Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such ; or (5) by other causes that the litigationsolutionbinding dispute reauthorized by the Owner pending mediation and documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay , unusual delay in deliveries, unavoidable casualties, adverse weather conditions the Work; (3) by labor disputes, fireneglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or 8.3.1 § 8.3 Delays and Extensions of Time § 28 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 422 certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract the Contractor is entitled to payment in the amount , and that Work is in accordance with the Contract Documentsthe quality of the ,and belief, the Work has progressed to the point indica ,s knowledge, information’Architectthe Application for Payment, that, to the best of the s evaluation of the Work and the data ’based on the Architectrepresentation by the Architect to the Owner, The issuance of a Certificate for Payment will constitute a 9.4.2 § .Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1 old certification of the entire Application for Payment, and notify the ; or (3) withh9.5.1 Sectionprovided in s reasons for withholding certification in part as ’the Contractor and Owner of the Architect notify properly due, for such amount as the Architect determines is or (2) issue to the Owner a Certificate for Payment ;Contractor, with a copy to the in the full amount of the Application for Payment issue to the Owner a Certificate for Payment s Application for Payment, either’The Architect will, within seven days after receipt of the Contractor 9.4.1 § Payment 9.4 Certificates for § . or holiday, apprenticeship training, pension, and other benefit programsname and address of administrator; benefit account number; and telephone number for health and welfare, vacation buted per hour for each benefit, including each deduction for taxes; total deductions; net pay for week; dollars contriprevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; specifying for each employee: name; identifying number; r Payment,time period covered by the Application fothe the wages and benefits paid each employee during setting forth 77.30, Minnesota Statutes Section 1 accordance with, Certified Payroll Statementswith each Application for Payment Contractor shall also furnishThe 7.39. § be conditioned upon the Contractor’s provision of applicable insurance, storage and transportation to the Site.the Owner to protect the Owner’s interests. Payment for materials and equipment stored off the Site will, in addition, ry to equipment stored on or off the Site is conditioned upon compliance by the Contractor with procedures satisfactomaterials and equipment stored off the Site at a location agreed upon in writing. Payment for materials and Application for Payment may include the Site. If specifically approved in writing in advance by the Owner, ansubsequent incorporation in the Work. The Owner has no obligation or responsibility to pay for materials stored off erials and equipment delivered and suitably stored at the Site for Applications for Payment may include mat 9.3.6 § Contract retainage provided for in the Contract Documents.releases and other documents. Each Application for Payment must reflect approved Contract Modifications and the al suppliers, partial lien waivers, Owner and Architect, such as copies of requisitions from Subcontractors and materi Contractor’s right to payment and compliance with the payment provisions of the Contract to the satisfaction of the rized and supported by sufficient data to demonstrate the prescribed by the Owner. The Application must be notaPayment, supported by AIA Document G703, Continuation Sheet (latest edition), or such other form as may be The form of Application for Payment must be AIA Document G702, Application and Certificate for 9.3.5 § at a progress meeting prior to submitting a formal Application for Payment.to and review with the Owner a draft Application for Payment Applications for Payment, the Contractor may submitmust be consistent with the approved Schedule of Values. In order to expedite the review and approval of n a monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment completed oThe Contractor must submit to the Architect and Owner itemized Applications for Payment for Work 9.3.4 § that provided labor, materials, and equipment relating to the Work.he Contractor, Subcontractors, suppliers, or other persons or entities security interests, or encumbrances, in favor of tand belief, be free and clear of liens, claims, ,Owner shall, to the best of the Contractor’s knowledge, information hich Certificates for Payment have been previously issued and payments received from the Payment all Work for wno later than the time of payment. The Contractor further warrants that upon submittal of an Application for The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner 9.3.3 § e site.for such materials and equipment stored off th ,and transportation to the site ,insurance, storage materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable the Owner to establish the Owner’s title to such compliance by the Contractor with procedures satisfactory to agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon 29 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 423 account of portions of the Work done by such Subcontractor.n by the Architect and Owner on of completion or amounts applied for by the Contractor and action taken thereoThe Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages 9.6.3 § subcontractors in a similar manner.-o make payments to SubSubcontractor tportion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s Subcontractor is after receipt of payment from the Owner, the amount to which the aPayment Act, subdivision 4in accordance with the Prompt no later than seven days The Contractor shall pay each Subcontractor, 9.6.2 § Contract Documents, and shall so notify the Architect.within the time provided in the After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and 9.6.1 § 9.6 Progress Payments § Application for Payment.ct and the Contractor shall reflect such payment on its next joint check, the Owner shall notify the Architepayment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by cks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make issue joint che9.5.1.3, the Owner may, at its sole option, If the Architect withholds certification for payment under Section 9.5.4 § previously withheld.When the reasons for withholding certification are removed, certification will be made for amounts 9.5.3 § may submit a Claim in accordance with Article 15. the Contractorthat partySection 9.5.1, in whole or in part, n regarding a Certificate for Payment under disputes the Architect’s decisio the Contractoreither partyWhen 9.5.2 § repeated failure to carry out the Work in accordance with the Contract Documents. 87. orlance would not be adequate to cover actual or liquidated damages for the anticipated delay; unpaid bareasonable evidence that the Work will not be completed within the Contract Time, and that the 76. damage to the Owner or a Separate Contractor; 65. reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; 54. failure to submit Certified Payroll Statements under Section 9.3.7; .4 materials or equipment;failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, .3 Owner is provided by the Contractor;security acceptable to the unless ,third party claims filed or reasonable evidence indicating probable filing of such claims .2 defective Work not remedied; .1 3.3.2, because of nsible, including loss resulting from acts and omissions described in Sectionis respo such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to or, because of make such representations to the Owner. The Architect may also withhold a Certificate for Paymentamount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to and Architect cannot agree on a revised 9.4.1. If the Contractor Contractor and Owner as provided in Sectionbe made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the 9.4.2 cannot on the representations to the Owner required by Section to protect the Owner, if in the Architect’s opini The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary 9.5.1 § 9.5 Decisions to Withhold Certification § paid on account of the Contract Sum.reviously or (4) made examination to ascertain how or for what purpose the Contractor has used money p ;payments right to ’from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractorreviewed copies of requisitions received (3) ;or procedures ,construction means, methods, techniques, sequences(2) reviewed ;site inspections to check the quality or quantity of the Work-made exhaustive or continuous onificate for Payment will not be a representation that the Architect has (1) Architect. However, the issuance of a Certand to specific qualifications expressed by the ,deviations from the Contract Documents prior to completionments upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor Docu 30 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 424 determine Substantial Completion.by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to al Completion, complete or correct such item upon notification shall, before issuance of the Certificate of Substantithat the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor ’s list, which is not sufficiently complete in accordance with the Contract Documents so included on the Contractor designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or 9.8.3 § responsibility of the Contractor to complete all Work in accordance with the Contract Documents.items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the ist of separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive lWhen the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept 9.8.2 § Work for its intended use.ize the is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilSubstantial Completion is the stage in the progress of the Work when the Work or designated portion thereof 9.8.1 § 9.8 Substantial Completion § ments.up, plus interest as provided for in the Contract Docu-the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start amount owing has been received. The Contract Time shall be extended appropriately and Work until payment of the dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the awarded by binding aser the date established in the Contract Documents, the amount certified by the Architect orwithin seven days receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after Failure of Payment9.7 § against which the lien or other claim for payment has been asserted.approved by the applicable court, when required, the Contractor may substitute a surety bond for the property or other claim for payment, the Owner shall notify the Contractor. If tier. Upon receipt of notice of a lien claim litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and and indemnify theProvided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend The Contractor and the Subcontractors shall provide payment and performance bonds as required by law. 9.6.8 § s provision.award of punitive damages against the Contractor for breach of the requirements of thin fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to ad with money of the Contractor, create any require money to be placed in a separate account and not commingleunder contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall se Subcontractors or suppliers who performed Work or furnished materials, or both, be held by the Contractor for thopayments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, 9.6.7 § Owner shall not constitute acceptance of Work not in accordance with the Contract Documents.A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the 9.6.6 § 9.6.2, 9.6.3 and 9.6.4.rovided in Sections The Contractor’s payments to suppliers shall be treated in a manner similar to that p 9.6.5 § required by law.obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be ner nor Architect shall have an and suppliers to ascertain whether they have been properly paid. Neither the OwContractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors the Owner to the Contractor for subcontracted Work. If the paid Subcontractors and suppliers amounts paid by The Owner has the right to request written evidence from the Contractor that the Contractor has properly 9.6.4 § 31 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 425 unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against furnish a release or waiver and in such form as may be designated by the Owner. If a Subcontractor refuses toreleases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent ent or satisfaction of obligations, such as receipts and and (6) if required by the Owner, other data establishing paym(5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, ,by the Contract Documents, (4) consent of surety, if any, to final payment renewable to cover the period requiredcurrently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be evidencing that insurance required by the Contract Documents to remain in force after final payment is a certificate (2) 134 forms, -including but not limited to completed ICwithheld by Owner) have been paid or otherwise satisfied, with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts ebtedness connected to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indNeither final payment nor any remaining retained percentage shall become due until the Contractor submits 9.10.2 § fulfilled.tled to final payment have been 9.10.2 as precedent to the Contractor’s being enti that conditions listed in Section Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation ound to be due the Contractor and noted in the final with the Contract Documents and that the entire balance fsite visits and inspections, the Work has been completed in accordance -belief, and on the basis of the Architect’s onr Payment stating that to the best of the Architect’s knowledge, information and promptly issue a final Certificate fofinds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will hen the Architect ceipt of a final Application for Payment, the Architect will promptly make such inspectionre Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon 9.10.1 § 9.10 Final Completion and Final Payment § constitute acceptance of Work not complying with the requirements of the Contract Documents. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not 9.9.3 § the Work.inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of itect shall jointly Immediately prior to such partial occupancy or use, the Owner, Contractor, and Arch 9.9.2 § no agreement is reached, by decision of the Architect.of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if stage 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The under Sectionconsiders a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided the Contractor correction of the Work and commencement of warranties required by the Contract Documents. When maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for for payments, retainage, if any, security, accepted in writing the responsibilities assigned to each of themuse may commence whether or not the portion is substantially complete, provided the Owner and Contractor have blic authorities having jurisdiction over the Project. Such partial occupancy or to by the insurer and authorized by pusuch portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented The Owner may occupy or use any completed or partially completed portion of the Work at any stage when 9.9.1 § 9.9 Partial Occupancy or Use § ance with the requirements of the Contract Documents.shall be adjusted for Work that is incomplete or not in accordWork or designated portion thereof. Such payment any, the Owner shall make payment of retainage applying to and consent of surety if ,Certificate. Upon such acceptance signed to them in acceptance of responsibilities asThe Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written 9.8.5 § Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion.of the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the ties, damage to the Work and responsibilities of the Owner and Contractor for security, maintenance, heat, utiliCertificate of Substantial Completion that shall establish the date of Substantial Completion; establish ion thereof is substantially complete, the Architect will prepare a When the Work or designated port 9.8.4 § 32 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 426 tion from damage, injury, or loss.protecbearing on safety of persons or property or their ,rules and regulations, and lawful orders of public authoritiesand give notices required by applicable laws, statutes, ordinances, codes, ,The Contractor shall comply with 10.2.2 § of construction.roadways, structures, and utilities not designated for removal, relocation, or replacement in the course other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, .3 subcontractor; and-actor, a Subcontractor, or a Subsite, under care, custody, or control of the Contrthe Work and materials and equipment to be incorporated therein, whether in storage on or off the .2 employees on the Work and other persons who may be affected thereby; .1 event damage, injury, or loss toprThe Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to 10.2.1 § 10.2 Safety of Persons and Property § in connection with the performance of the Contract.upervising all safety precautions and programs The Contractor shall be responsible for initiating, maintaining, and s Programs and Precautions Safety 10.1 § PROPERTY AND PERSONS OF PROTECTION 10 ARTICLE of the Owner or Architect until the Work is determined to be finally complete.fessional services is finally complete. In such case, the Contractor must bear the cost of any necessary additional proDocuments. The Architect will promptly notify the Contractor if the Owner or Architect do not concur that the Work ith terms and conditions of the Contract Owner that the Work has been completed in full and strict accordance w Owner. The Contractor’s notice and request for final inspection constitutes a representation by the Contractor to the ents, Architect will issue a Certificate of Final Completion to the and is acceptable under the Contract Documpromptly make such inspection and, when the Owner and Architect concur that the Work has been fully completed Upon receipt of the Contractor’s notice and request for final inspection, the Owner and Architect will 9.10.7 § by Section 9.10.3.request for a final inspection must be accompanied by a final Application for Payment and the Submittals required of the Work as provided in Section 9.10.2. The Contractor’s notice and Architect and request a final inspection Work is complete and ready for final acceptance, the Contractor must give written notice to the Owner and the When the Contractor has completed or corrected all items on the final Punch List and considers that the 9.10.6 § final Application for Payment.claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of shall constitute a waiver of ,or a supplier ,Acceptance of final payment by the Contractor, a Subcontractor 9.10.5 § audits performed by the Owner, if permitted by the Contract Documents, after final payment. .4 ties required by the Contract Documents; orterms of special warran .3 failure of the Work to comply with the requirements of the Contract Documents; .2 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .1 of Claims by the Owner except those arising from The making of final payment shall constitute a waiver 9.10.4 § except that it shall not constitute a waiver of Claims.certification of such payment. Such payment shall be made under terms and conditions governing final payment, to the Architect prior to that portion of the Work fully completed and accepted shall be submitted by the ContractorDocuments, and if bonds have been furnished, the written consent of the surety to payment of the balance due for ed is less than retainage stipulated in the Contract the remaining balance for Work not fully completed or correctContract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the Contractor and certification by the Architect, and without terminating the Owner shall, upon application by of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault 9.10.3 § attorneys’ fees.compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable 33 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 427 consultants, and agents and employees of any of them from and against Subcontractors, Architect, Architect’s To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, 10.3.3 § -of shutdown, delay, and start increased by the amount of the Contractor’s reasonable additional costs appropriately and the Contract Sum shall bewritten agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended bjection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon oby the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed le objection to the persons or will promptly reply to the Owner in writing stating whether or not either has reasonabto perform the task of removal or safe containment of the material or substance. The Contractor and the Architect ence or absence of the material or substance or who are persons or entities who are to perform tests verifying the presDocuments, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of nt, to cause it to be rendered harmless. Unless otherwise required by the Contract or substance is found to be preseverify the presence or absence of the material or substance reported by the Contractor and, in the event such material pon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to U 10.3.2 § the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition.polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing ited to asbestos or injury or death to persons resulting from a material or substance, including but not limaddressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily tor encounters a hazardous material or substance not regarding hazardous materials or substances. If the ContracThe Contractor is responsible for compliance with any requirements included in the Contract Documents 10.3.1 § 10.3 Hazardous Materials and Substances § investigate the matter. Ownerther partyoexceeding 21 days after discovery. The notice shall provide sufficient detail to enable the within a reasonable time not Ownerother partythe injury or damage, whether or not insured, shall be given to the is legally responsible, notice of the Ownerpartysuch , or of others for whose acts Ownerother partyomission of the suffers injury or damage to person or property because of an act or the Contractor or a Subcontractoreither party \[MW2\]Property or Person to or Injury 10.2.8 § unsafe condition.create an The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or 10.2.7 § designated by the Contractor in writing to the Owner and Architect.on shall be the Contractor’s superintendent unless otherwise shall be the prevention of accidents. This pers The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty 10.2.6 § 3.18. Contractor’s obligations under Section ions of the Contractor are in addition to the to the fault or negligence of the Contractor. The foregoing obligatindirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable e to acts or omissions of the Owner or Architect or anyone directly or extent such damage or loss is attributabl10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the Sectionshem, or by anyone for whose acts they may be liable and for which the Contractor is responsible under by any of tsubcontractor, or anyone directly or indirectly employed -whole or in part by the Contractor, a Subcontractor, a Subinsurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in under property The Contractor shall promptly remedy damage and loss (other than damage or loss insured 10.2.5 § supervision of properly qualified personnel.ecessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under nor unusual methods are ,When use or storage of explosives or other hazardous materials or equipment 10.2.4 § the safeguards.against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of warnings the Contract, reasonable safeguards for safety and protection, including posting danger signs and other The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of 10.2.3 § 34 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Ter ms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 428 arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage , the Contractor shall provide notice to the Owner of such impending or actual Documents Contractrequired by the the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insuranceWithin three (3) business days of Notice of Cancellation or Expiration of Contractor’s Required Insurance. 5 411.1. § authorize a copy to be furnished.furnish a copy of the bonds or shall payment of obligations arising under the Contract, the Contractor shall promptly Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering 4 3 11.1. § located.urety bonds in the jurisdiction where the Project is from a company or companies lawfully authorized to issue sconditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds provide surety bonds of the types, for such penal sums, and subject to such terms and The Contractor shall 3 211.1. § for damages arising out of the Project Work.the completed operations period. Completed operations shall be the period within which any claims may be brought commencement of the Work until the date of final payment through maintained without interruption from the date of made basis, shall name the Owner and Architect as additional insureds, and shall be -occurrence or claimsontract Documents or required by law, whichever coverage is greater. Coverages, whether written on an CThe insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the 11.1.2 § commercial general liability policy or as otherwise described in the Contract Documents.additional insureds under the Contractor’s Owner, Architect, and Architect’s consultants shall be named as The insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located.chase and maintain the required insurance from an insurance company or Documents. The Contractor shall purendorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the 11.1.1 § 11.1 Contractor’s Insurance and Bonds § BONDS AND INSURANCE 11 ARTICLE on account of an emergency shall be determined as provided in Article 15 and Article 7.jury, or loss. Additional compensation or extension of time claimed by the Contractor prevent threatened damage, in In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to Emergencies 10.4 § the Contractor for all cost and expense thereby incurred.reimburse nts, the Owner shall the Contract Documefor the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency 10.3.6 § due to the Owner’s fault or negligen 10.3.1, except to the extent that the cost and expense are Contractor fails to perform its obligations under Sectionus materials or substances the Contractor brings to the site and negligently handles, or (2) where the hazardothe Owner for the cost and expense the Owner incurs (1) for remediation of reimburseThe Contractor shall 10.3.5 § extent of the Contractor’s fault or negligence in the use and handling of such materials or substances.act Documents, except to the Owner shall be responsible for hazardous materials or substances required by the ContrContractor brings to the site unless such materials or substances are required by the Contract Documents. The 10.3 for hazardous materials or substances the this SectionThe Owner shall not be responsible under 10.3.4 § is due to the fault or negligence of the party seeking indemnity.destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense or to injury to or claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death,10.3.1 and has not been rendered harmless, provided that such risk of bodily injury or death as described in Sectionn fact the material or substance presents the if i roperty on Owner’s p in the affected areaperformance of the Work and expenses, including but not limited to attorneys’ fees, arising out of or resulting from ,claims, damages, losses 35 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 429 the Architect, or Architect’s consultants, if any.both, at or adjacent to the site of the Project, caused by the negligent, intentional or other willful act or omission of y, real or personal or Project related propert-Architect, or Architect’s consultant, if any, for damages caused to non Subcontractors, agents or employees; or against (2) the -omission of the Contractor, any of its Subcontractors, subegligent, intentional or other willful act or personal or both, at or adjacent to the site of the Project, caused by the nProject related property, real or -Subcontractors, agents or employees for damages caused to non-Subcontractors, subwaive its right to subrogate against (1) Contractor, any of its Notwithstanding the above, Owner does not § 11.3.2 property.premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged otherwise, (2) even though that person or entity did not pay the insurance duty of indemnification, contractual or subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a aims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of agreeing to waive clsubcontractors. The policies of insurance purchased and maintained by each person or entity -subcontractors, and sub individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, vor of the of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in faby the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds vered by property insurance required damages caused by fire, or other causes of loss, to the extent those losses are cosubcontractors, agents, and employees, for -Separate Contractors, if any, and any of their subcontractors, sub e other; (2) the Architect and Architect’s consultants; and (3) subcontractors, agents, and employees, each of th-The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub 11.3.1 § 11.3 Waivers of Subrogation § ner of any contractual obligation to provide required insurance.shall not relieve the Owinsurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the by the subcontractors to the extent any loss to the Owner would have been covered-Subcontractors, and SubTime and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, the Owner or the Contractor; (2) the Contract has been cured by the procurement of replacement coverage by eitherContractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage e in coverage arises from an act or omission of the Contractor: (1) the cancellation or expiration. Unless the laps, the Owner shall provide notice to the Contractor of such impending or actual required by the Contract Documents insurance propertyOwner becomes aware of an impending or actual cancellation or expiration of any of the date theWithin three (3) business days Insurance.Property 11.2.3 Notice of Cancellation or Expiration of Owner’s Required § costs and damages attributable thereto.he required insurance, the Owner shall reimburse the Contractor for all reasonable Owner to purchase or maintain tOrder. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the ance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change insursubcontractors to the extent the loss to the Owner would have been covered by the -Subcontractors, and Subadjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Contract Time shall be equitably failure to provide coverage has been cured or resolved, the Contract Sum and Subcontractors in the Work. When the -that will protect the interests of the Contractor, Subcontractors, and Subractor may delay commencement of the Work and may obtain insurance receipt of notice from the Owner, the ContContract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the y propertthe required and maintain If the Owner fails to purchase 11.2.2 Failure to Purchase Required Property Insurance. § companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. n insurance company or insurance Documents. The Owner shall purchase and maintain the required insurance from aendorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract insurance of the types and limits of liability, containing the The Owner shall purchase and maintain 2.1 11. § Insurance Owner’s 11.2 § shall not relieve the Contractor of any contractual obligation to provide any required coverage.of replacement coverage by the Contractor. The furnishing of notice by the Contractor cured by the procurement 36 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 430 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, established under Sectionhe Work or designated portion thereof or after the date for commencement of warranties Substantial Completion of t3.5, if, within one year after the date of In addition to the Contractor’s obligations under Section 12.2.2.1 § 12.2.2 After Substantial Completion § shall be at the Contractor’s expense.es and expenses made necessary thereby, uncovering and replacement, and compensation for the Architect’s servic completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of d before Substantial Completion and whether or not fabricated, installed or the Contract Documents, discovereThe Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of 12.2.1 Before Substantial Completion § 12.2 Correction of Work § ion, shall be at the Contractor’s expense.Documents, the costs of uncovering the Work, and the cost of correctthe Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract act Documents, the Contractor shall be entitled to an equitable adjustment to Work is in accordance with the Contrto its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such rtion of the Work has been covered that the Architect has not specifically requested to examine prior If a po 12.1.2 § Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time.expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the equirements specifically If a portion of the Work is covered contrary to the Architect’s request or to r 12.1.1 § 12.1 Uncovering of Work § WORK OF CORRECTION AND UNCOVERING 12 ARTICLE the damaged or destroyed Work.ssue a Construction Change Directive for the reconstruction of Pending resolution of any dispute, the Owner may iContractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. eds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and allocation of the proceallocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount e Owner and if no other agreement is made or the Owner does not terminate the Contract for convenience, thOwner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, settlement and allocation. Upon receipt, the the Owner shall settle the loss and the Contractor shall be bound by the receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, he insurance proceeds. The Contractor shall have 14 days from settlement as well as the proposed allocation of tPrior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed .24511. § ntractor shall make payments to their consultants and Subcontractors in similar manner.Architect and CoContractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and may appear, subject to fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as A .14511. § Loss Insured of Settlement and Adjustment 4 5§11. fire or other hazards however caused.Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to property, or the inability to conduct normal operations, due to fire or other causes of loss. The use of the Owner’sThe Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of Insurance Completion in Delay and Interruption, Business Use, of Loss 411. § this separate property insurance.covered by 11.3.1 for damages caused by fire or other causes of loss rights in accordance with the terms of Sectioninsuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all licy or policies other than those payment property insurance is to be provided on the completed Project through a poadjacent to the site by property insurance under policies separate from those insuring the Project, or if after final ner insures properties, real or personal or both, at or If during the Project construction period the Ow 3 2 37 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 431 itate the assignment.The Contractor shall execute all consents reasonably required to facil financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. the Contractor, assign the Contract to a lender providing construction The Owner may, without consent of 13.2.2 § legally responsible for all obligations under the Contract.other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain a whole without written consent of the 13.2.2, neither party to the Contract shall assign the Contract as in Sectionrepresentatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided bind themselves, their partners, successors, assigns, and legal The Owner and Contractor respectively 13.2.1 § 13.2 Successors and Assigns § .15.4 Arbitration Act shall govern Sectionchoice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal t jurisdiction’s , excluding thaThe Contract shall be governed by the law of the place where the Project is located 13.1 Governing Law § PROVISIONS MISCELLANEOUS 13 ARTICLE iate and equitable. Such adjustment shall be effected whether or not final payment has been made.approprOwner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Nonconforming Work12.3 Acceptance of § Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work.may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the ct Documents the Work, and has no relationship to the time within which the obligation to comply with the Contra12.2.2 relates only to the specific obligation of the Contractor to correct correction of Work as described in Sectionyear period for -ablishment of the oneother obligations the Contractor has under the Contract Documents. Est12.2 shall be construed to establish a period of limitation with respect to Nothing contained in this Section 12.2.5 § ot in accordance with the requirements of the Contract Documents.Work that is n Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or 12.2.4 § ed by the Owner.requirements of the Contract Documents and are neither corrected by the Contractor nor acceptThe Contractor shall remove from the site portions of the Work that are not in accordance with the 12.2.3 § 12.2. to this Sectionrmed by the Contractor pursuant year period for correction of Work shall not be extended by corrective Work perfo-The onethat corrective work shall be extended for one (1) year from the date the Corrective Work was completed.formed during the Correction Period, the Correction Period for With respect to any corrective work per 12.2.2.3 § completion of that portion of the Work.performed after Substantial Completion by the period of time between Substantial Completion and the actual shall be extended with respect to portions of Work first year period for correction of Work-The one 12.2.2.2 § 2.5. accordance with Sectiona reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in Contractor fails to correct nonconforming Work within If theContractor and to make a claim for breach of warranty. Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the period for correction of Work, if the Owner fails to notify the Contractor and give the year -During the condition. tice promptly after discovery of the Contractor a written acceptance of such condition. The Owner shall give such noshall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the the requirements of the Contract Documents, the Contractor any of the Work is found to be not in accordance with 38 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 432 or must Minnesota Government Data Practices Act (“MGDPA”), Minnesota Statutes Chapter 13, and Contract maintained, or disseminated by Contractor in performing this contract is subject to the requirements of the the data created, collected, received, stored, used, Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of Data Practices 13.7 § ix (6) years after final payment.records for a minimum of sexamination by the Owner and the state auditor for a minimum of six (6) years. Contractor shall maintain such accounting procedures and practices of Contractor, that are relevant to the Contract or transaction, are subject to and Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Contractor agrees that the books, records, documents Availability and Retention—Record Keeping 13.6 § .reof, at the legal rate prevailing from time to time at the place where the Project is locatedin the absence theContract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, Payments due and unpaid under the rate for payments due but unpaid shall be four percent (4.00%) per annumthe interest All payments to the Contractor shall be governed by the Prompt Payment Act, provided, however, that Interest 13.5 § unreasonable delay in the Work.Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid § Architect will do so promptly and, where practicable, at the normal place of testing.If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the 13.4.5 § the Contractor and promptly delivered to the Architect.Documents, be secured by Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract 13.4.4 § shall be at the Contractor’s expense.ated procedures and compensation for the Architect’s services and expenses, by such failure, including those of repeportions of the Work to comply with requirements established by the Contract Documents, all costs made necessary procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the § 13.4.3, shall be at the Owner’s expense. costs, except as provided in Sectionwhen and where tests and inspections are to be made so that the Architect may be present for such procedures. Such hall give timely notice to the Architect of by an entity acceptable to the Owner, and the Contractor s ,or approvalauthorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, 13.4.1, the Architect will, upon written not included under Section additional testing, inspection, or approvalIf the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require 13.4.2 § .applicable laws or regulations so require approvals where building codes ornspections, or ived or negotiations concluded. The Owner shall directly arrange and pay for testsafter bids are rece, inspections, or approvals that do not become requirements until he Owner shall bear costs of testsprocedures. Tthe Architect may be present for such timely notice of when and where tests and inspections are to be made so thatauthority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect y acceptable to the Owner, or with the appropriate public approvals with an independent testing laboratory or entitauthorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and e laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public Documents and by applicablTests, inspections, and approvals of portions of the Work shall be made as required by the Contract 13.4.1 § 13.4 Tests and Inspections § breach thereunder, except as may be specifically agreed upon in writing.acquiescence in a afforded them under the Contract, nor shall such action or failure to act constitute approval of or No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty 13.3.2 § by law.wise imposed or available shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherDuties and obligations imposed by the Contract Documents and rights and remedies available thereunder 13.3.1 § 13.3 Rights and Remedies § 39 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 433 of the Contractor and may, subject to any prior rights of the surety:, terminate employment Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice the Owner may, without prejudice to any other rights or remedies of the sufficient cause exists to justify such action, d upon certification by the Architect that anWhen any of the reasons described in Section 14.2.1 exist, 14.2.2 § otherwise is guilty of substantial breach of a provision of the Contract Documents. .4 orders of a public authority; ors, statutes, ordinances, codes, rules and regulations, or lawful repeatedly disregards applicable law .3 ;uppliersor s between the Contractor and the Subcontractorsfails to make payment to Subcontractors or suppliers in accordance with the respective agreements .2 ly enough properly skilled workers or proper materials;repeatedly refuses or fails to supp .1 The Owner may terminate the Contract if the Contractor 14.2.1 § 14.2 Termination by the Owner for Cause § 14.1.3. Sectionthe Owner and the Architect, terminate the Contract and recover from the Owner as provided in days’ notice to Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract performing subcontractor, or their agents or employees or any other persons or entities -Subcontractor, a SubIf the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a 14.1.4 § . incurred by reason of such termination costs, and as well as reasonable overhead and profit on Work not executed, notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ Section If one of the reasons described in 14.1.3 § day period, whichever is less.-in any 365constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days 14.3, ntire Work by the Owner as described in Sectionrepeated suspensions, delays, or interruptions of the esubcontractor, their agents or employees, or any other persons or entities performing portions of the Work, -terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a The Contractor may 14.1.2 § . The Owner has failed to furnish to the Contractor reasonable evidence as required by Section .4 ; ormade payment on a Certificate for Payment within the time stated in the Contract Documentscause the Owner has not 9.4.1, or be the reason for withholding certification as provided in SectionBecause the Architect has not issued a Certificate for Payment and has not notified the Contractor of .3 or stopped;eclaration of national emergency, that requires all Work to be An act of government, such as a d .2 be stopped;Issuance of an order of a court or other public authority having jurisdiction that requires all Work to .1 other persons or entities performing portions of the Work, for any of the following reasons:or any subcontractor, their agents or employees,-through no act or fault of the Contractor, a Subcontractor, a SubThe Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days 14.1.1 § 14.1 Termination by the Contractor § TCONTRAC THE OF SUSPENSION OR TERMINATION 14 ARTICLE incorporated into this contract.Minnesota Statutes, Section 181.59, that prohibits certain discriminatory practices and the terms of said section are Contractor agrees to be bound by the provisions of in a local civil rights commission, disability or age. The national origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity d during employment, without regard to their race, color, creed, religion, are selected, and that employees are treatePursuant to Minnesota Statutes, Section 181.59, the Contractor will take affirmative action to ensure that applicants Discrimination-Non 13.8 § from the Owner, except as required by the terms of this contract. data are available13.08 apply to Contractor. Contractor does not have a duty to provide access to public data to the public if the public comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes, Section 40 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 434 hin ten (10) days following the notice.stop work if payment is not made by the Owner witdays of the approval for payment by the Owner, the Contractor may upon ten (10) days written notice to the Owner, een approved for payment by the Owner, and the Owner fails to make payment within sixty (60) for Payment has bThe Contractor must diligently proceed with the Work pending resolution of the Claim. If, however, an Application Contractor’s entitlement to payment, the Contractor’s only remedy is to file a Claim in accordance with Article 15. ving the payment. In the event of any disagreement between the Contractor and Owner invol-consequence of nonThe Contractor has no right to stop Work of its Subcontractors or allow them to stop Work as a 14.5.1 § PAYMENT-14.5 NO RIGHT TO STOP WORK FOR NON § ement.and the termination fee, if any, set forth in the Agre Subcontracts;termination, including costs attributable to termination of costs incurred by reason of the executed; properly ion for the Owner’s convenience, the Owner shall pay the Contractor for Work In case of such terminat 14.4.3 § and purchase orders.notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts except for Work directed to be performed prior to the effective date of termination stated in the .3 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; .2 cease operations as directed by the Owner in the notice; .1 shall he Owner of such termination for the Owner’s convenience, the Contractor Upon receipt of notice from t 14.4.2 § The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. 14.4.1 § 14.4 Termination by the Owner for Convenience § t is made or denied under another provision of the Contract.that an equitable adjustmen .2 for which the Contractor is responsible; orby another cause ,or interrupted ,so suspended, delayed ,or would have been ,that performance is, was .1 adjustment shall be made to the extentContract Sum shall include profit. Adjustment of the 14.3.1. or interruption under Section ,suspension, delayThe Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by 14.3.2 § whole or in part for such period of time as the Owner may determine. ,The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work 14.3.1 § 14.3 Suspension by the Owner for Convenience § survive termination of the Contract.application, and this obligation for payment shall may be, shall be certified by the Initial Decision Maker, uponthe Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case paid to the Contractor. If such costs and damages exceed the unpaid balance, expressly waived, such excess shall be the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for 414.2. § not be entitled to receive further payment until the Work is finished.14.2.1, the Contractor shall When the Owner terminates the Contract for one of the reasons stated in Section 14.2.3 § incurred by the Owner in finishing the Work.of the costs request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written .3 5.4; and Accept assignment of subcontracts pursuant to Section .2 actor;construction equipment and machinery thereon owned by the ContrExclude the Contractor from the site and take possession of all materials, equipment, tools, and .1 41 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 435 and had an adverse effect on the scheduled construction. ,been reasonably anticipateddocumented by data substantiating that weather conditions were abnormal for the period of time, could not have laim for additional time, such Claim shall be If adverse weather conditions are the basis for a C 15.1.6.2 § delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary.hall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of Section 15.1.3 sIf the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in 15.1.6.1 § 15.1.6 Claims for Additional Time § 10.4. r Claims relating to an emergency endangering life or property arising under Sectionnotice is not required fo15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice as provided in Section written If the Contractor wishes to make a Claim for an increase in the Contract Sum, Cost Additional for Claims 15.1.5 § Certificates for Payment in accordance with the decision of the Initial Decision Maker.decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue on Maker’s The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decisi.2 15.1.4 § continue to make payments in accordance with the Contract Documents. actor shall proceed diligently with performance of the Contract and the Owner shall and Article 14, the Contr9.7 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 15.1.4.1 § Performance Contract Continuing 15.1.4 § y. In such event, no decision by the Initial Decision Maker is required.other part12.2.2, shall be initiated by notice to the after expiration of the period for correction of the Work set forth in SectionClaims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered 15.1.3.2 § requestcosts actually incurred and such substantiation shall be made within a reasonable time to be entitled to the relief claim for additional costs, the Contractor shall maintain and produce accurate records to substantiate all additional on to making a As a conditi first recognizes the condition giving rise to the Claim, whichever is later.Contractor claimant initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the under this Section 15.1.3.1 shall be the Contractoreither partynot serving as the Initial Decision Maker. Claims by and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is Ownerother partynotice to the ittenwr 12.2.2, shall be initiated by prior to expiration of the period for correction of the Work set forth in SectionContractor, where the condition giving rise to the Claim is first discovered Owner or Claims by either the 15.1.3.1 § 15.1.3 Notice of Claims § .15.1.2 Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section, but in any case not more than 10 years after the date of Substantial Completion of the Work. The by applicable lawperiod specified timeherequirements of the binding dispute resolution method selected in the Agreement and within tthe related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with auses of action against the other and arising out of or cClaims and The Owner and Contractor shall commence all Claims on Limits Time 15.1.2 § right to make Claims related to or arising out of the Contract.Nothing in this paragraph 15.1.1 is intended to apply to or in any way limit the Owner’s act Documents.the Contramages in accordance with diquidated lSection 15.1.1 does not require the Owner to file a Claim in order to impose . This Contractorparty making the ClaimThe responsibility to substantiate Claims shall rest with the Contract. f or relating to the includes other disputes and matters in question between the Owner and Contractor arising out o The term “Claim” also change in the Contract Time, or other relief with respect to the terms of the Contract. seeking, as a matter of right, payment of money, a tContractorone of the partiesA Claim is a demand or assertion by Definition 15.1.1 § 15.1 Claims § DISPUTES AND 15 ARTICLE 42 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 436 15.2.6.1. party may file for mediation of an initial decision at any time, subject to the terms of SectionEither surety and request the surety’s assistance in resolving the controversy.may, but is not obligated to notify the any, of the nature and amount of the claim. If the claim relates to a possibility of a Contractor’s default, the Owner of a claim against the Contractor, the Owner may, but is not obligated to notify the surety, if In the event 15.2.6 § dispute resolution.on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding in the Contract Sum or Contract Time or both. The initial decision shall be final and binding Maker, of any change the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision nitial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state that the IThe Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating 15.2.5 § in whole or in part.the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim receipt of or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon ,data will be furnishedresponse on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting ther (1) provide a supporting data, such party shall respond, within ten days after receipt of the request, and shall eiIf the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional 15.2.4 § such persons at the Owner’s expense.Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention information from either party or from persons with special knowledge or expertise who may assist the Initial obligated to, consult with or seek In evaluating Claims, the Initial Decision Maker may, but shall not be 15.2.3 § Maker to resolve the Claim.concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision if the Initial Decision Maker Decision Maker lacks sufficient information to evaluate the merits of the Claim orcompromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial in whole or in part, (3) approve the Claim, (4) suggest a supporting data from the other party, (2) reject the Claim or a response with Contractor claimant more of the following actions: (1) request additional supporting data from the r will review Claims and within ten days of the receipt of a Claim take one or The Initial Decision Make 15.2.2 § Contractor and persons or entities other than the Owner.Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the a decision having been rendered. Unless the Claim may demand mediation and binding dispute resolution withoutrendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the tion precedent to mediation of any Claim. If an initial decision has not been decision shall be required as a condi15.2.1, an initial unless otherwise indicated in the Agreement. Except for those Claims excluded by this Sectionthe Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, be referred to12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall the period for correction of the Work set forth in SectionClaims, excluding those where the condition giving rise to the Claim is first discovered after expiration of 15.2.1 § ion15.2 Initial Decis § amages, when applicable, in accordance with the requirements of the Contract Documents.diquidated l15.1.7 shall be deemed to preclude assessment of in accordance with Article 14. Nothing contained in this Section party’s termination This mutual waiver is applicable, without limitation, to all consequential damages due to either except anticipated profit arising directly from the Work. ,personnel stationed there, for losses of financing, business and reputation, and for loss of profitdamages incurred by the Contractor for principal office expenses including the compensation of .2 such persons; andbusiness and reputation, and for loss of management or employee productivity or of the services of sses of use, income, profit, financing, damages incurred by the Owner for rental expenses, for lo .1 this Contract. This mutual waiver includesThe Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to Damages Consequential for Claims of verWai 15.1.7 § 43 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 437 uitable proceedings based on the Claim.legal or eqwritten demand for arbitration by the person or entity administering the arbitration shall constitute the institution of on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings basA demand for arbitration shall be made no earlier than concurrently with the filing of a request for 15.4.1.1 § permitted to be demanded.that party on which arbitration is arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to ing, delivered to the other party to the Contract, and filed with the person or entity administering the made in writwhere the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place ts Construction agree otherwise, shall be administered by the American Arbitration Association in accordance with iClaim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually dispute resolution in the Agreement, any If the parties have selected arbitration as the method for binding 15.4.1 § 15.4 Arbitration § mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.other location is mutually agreed upon. Agreements reached in place where the Project is located, unless an The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the § dispute resolution proceedings with respect to the initial decision.their rights to binding file for binding dispute resolution within 60 days after receipt thereof, then both parties waiveIf such a demand is made and the party receiving the demand fails to other party file for binding dispute resolution.the dispute, demand in writing that the dispute or 60 days after mediation has been demanded without resolution of Either party may, within 30 days from the date that mediation has been concluded without resolution of the § rbitrator(s) and agree upon a schedule for later proceedings.to the selection of the a15.3.2, the parties may nonetheless proceed parties or court order. If an arbitration is stayed pursuant to this Sectioniation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, administering the mediation. writing, delivered to the other party to the Contract, and filed with the person or entityIndustry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in ration Association in accordance with its Construction otherwise, shall be administered by the American ArbitThe parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree 15.3.2 § shall be subject to mediation as a condition precedent to binding dispute resolution. ,and 15.1.7except those waived as provided for in Sections 9.10.4, 9.10.5, ,controversy arising out of or related to the ContractClaims, disputes, or other matters in jurisdiction.proper enforceable as settlement agreements in any court having y shall be mutually agreed upon. Agreements reached in mediation and ratified by the Owner’s governing bod ediation shall be held in the place where the Project is located unless another location is Mand any filing fees. parties shall share equally the mediator’s fee parties agree to mediate before any dispositive motions or trial. The to mediation. Mediation is not a condition precedent to commencing litigation, but if litigation is commenced, the estion or arising out of or related to this Agreement shall be subject Any claim, dispute or other matter in qu 15.3.1 § 15.3 Mediation § accordance with applicable law to comply with the lien notice or filing deadlines.a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in If 15.2.8 § may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy.any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner surety, if In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the § dispute resolution proceedings with respect to the initial decision.t thereof, then both parties waive their rights to mediate or pursue binding mediation within 30 days after receipfile for mediation. If such a demand is made and the party receiving the demand fails to file for other party in writing that the Either party may, within 30 days from the date of receipt of an initial decision, demand 15.2.6.1 § 44 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 438 Owner and Contractor under this Agreement.y joinder or consolidation, the same rights of joinder and consolidation as those of the 15.4, whether b this SectionThe Owner and Contractor grant to any person or entity made a party to an arbitration conducted under 15.4.4.3 § consent.te consent to arbitration of any claim, dispute or other matter in question not described in the written constituconsents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined law or fact whose party may include by joinder persons or entities substantially involved in a common question ofSubject to the rules of the American Arbitration Association or other applicable arbitration rules, either 15.4.4.2 § and methods for selecting arbitrator(s). similar procedural rulesto be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially ded that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations proviparty may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either 15.4.4.1 § on or Joinder 15.4.4 Consolidati § having jurisdiction thereof.shall be specifically enforceable under applicable law in any court ,duly consented to by parties to the Agreementreement to arbitrate and other agreements to arbitrate with an additional person or entity The foregoing ag 15.4.3 § accordance with applicable law in any court having jurisdiction thereof.The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in 15.4.2 § 45 (1681088820) User Notes: .mail docinfo@aiacontracts.com-Terms of Service. To report copyright violations, e ®the AIA Contract Documentsn accordance with time use only, and may only be used i-is licensed for one sale,No.2114515846 which expires on 04/02/2025, is not for reThis draft was produced at 13:50:56 ET on 04/09/2024 under Order Documents” are trademarks of The American Institute of Architects.ract “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Cont All rights reserved. 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. – A201 AIA Document 439 The Owner and Architect agree as follows. « » « » « » « »« » )and other information ,(Name, legal status, address :(if known) The Construction Manager « » » ilization.utefficiency, collaboration, and space Transit into a campus environment for increasedPublic Works, Parks & Forestry, and Public (PWTOC) and will serve to consolidatelocation of the Public Works Transit Operations Center relocated to the currentwill be and Forestry Department. The Parks and Forestry department of the Parksnew construction and remodeling associated with the relocation ct consists ofThe proje « »(CIP #3069) Parks and Forestry Relocation ProjectCity of Rochester « detailed description) and ,Name, location( for the following Project: « » « » « » « »« » and other information) ,addresslegal status, (Name, and the Architect: « » » Rochester, MN 55904« » Street SE th 201 4« »« » City of Rochester« and other information) ,addresslegal status, (Name, s client identified as the Owner:’the Architect BETWEEN ).(In words, indicate day, month and year « »in the year « »day of « »made as of the AGREEMENT this document.as set forth in the footer of violation of copyright laws prohibited and constitutes a to another electronic file is Document ® portion of this AIAof any ELECTRONIC COPYING modified.unless this document is other general conditions reference. Do not use with t by adopted in this documen2017 is –AIA Document A201™Guaranteed Maximum Price. Plus a Fee without a is the Cost of the Work where the basis of payment Manager as Constructor Owner and Construction Form of Agreement Between 2019™ Standard –and A134imum Price; Guaranteed Maxthe Work Plus a Fee with a of payment is the Cost of Constructor where the basis Construction Manager as Between Owner and Standard Form of Agreement 2019™ –Construction; A133of the Contract for 2017™, General Conditions –h AIA Documents A201witto be used in conjunction This document is intended or modification.respect to its completion attorney is encouraged with Consultation with an legal consequences. This document has important reviewed.the author and should be rm text is available from forevisions to the standard information as well as that notes added Report Additions and Deletions An original AIA standard form. revised the text of the The author may also have needed for its completion. has added information The author of this document ADDITIONS AND DELETIONS: 1 (1332114037) User Notes: .docinfo@aiacontracts.commail -Terms of Service. To report copyright violations, e ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,on 04/02/2025, is not for reproduced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires This draft was Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.tute of Architects,” “American Institute of “The American Insti 2019. Copyright © 2014, and 2019. All rights reserved. – AIA Document B133 Construction Manager as Constructor Edition Standard Form of Agreement Between Owner and Architect, 2019 – ®Document B133 ®AIA 440 » budget of $30,000,000 overall project budget, including soft costs is $35,000,000 with a constructionThe « if known, a line item breakdown.) ,(Provide total and s budget for the Cost of the Work, as defined in Section 6.1:’The Owner .1.31 § » to the east of the current facility. 741334083465 (Lot B) directlyconsidering the purchase of Parcels 741334083464 (Lot A) and and to plan for future growth, the City is currentlyn order to support the needs of this project I .Road 22 loop It is located between Highway 52, Highway 63, and Countyvehicles, a fueling station, fueling island, wash bay, and a bus wash. Rochester Public Transit, maintenance bays for cityprovides space for Rochester Public Works, tructures. The building currentlywith additional unheated accessory sapproximately 35 acres The existing PWTOC on East River Road is a 355,486 square foot facility that is located on« etc ,and private utilities and services; legal description of the siteudies; availability of public topographic surveys; traffic and utility st ies;geotechnical reports; site boundardimensions; size; location; , such as about the Project’s physical characteristics or describe pertinent information(Identify s physical characteristics:’The Project 1.1.2 § « » which the program will be developedor state the manner in that establishes the Owner’s program,documentation Insert the Owner’s program, identify( s program for the Project:’The Owner 1.1.1 § )execution.”“unknown at time of ” or not applicable information or a statement such as “ each item in this section, insert theFor ( .This Agreement is based on the Initial Information set forth in this Section 1.1 1.1 § INFORMATION 1 ARTICLE SCOPE OF THE AGREEMENT 13 SPECIAL TERMS AND CONDITIONS 12 COMPENSATION 11 MISCELLANEOUS PROVISIONS 10 TERMINATION OR SUSPENSION 9 CLAIMS AND DISPUTES 8 COPYRIGHTS AND LICENSES 7 COST OF THE WORK 6 S RESPONSIBILITIES’OWNER 5 ADDITIONAL SERVICESSUPPLEMENTAL AND 4 S BASIC SERVICES’SCOPE OF ARCHITECT 3 S RESPONSIBILITIES’ARCHITECT 2 INITIAL INFORMATION 1 ARTICLES OF TABLE 2 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 441 « Scot Ramsey, Facilities Consultant » » zwood@rochestermn.gov« » 2--« » Rochester, MN 55904« » Street SE th 201 4« » Zack Wood, Manager of Facilities and Property« information.)contact and other ,address(List name, :4Section 5.The Owner identifies the following representative in accordance with 1.1.8 § .Sustainable Objectiveagreements with the consultants and contractors performing services or Work in any way associated with the into the 9–43greement, the Owner and Architect shall incorporate the completed E2Ato this incorporated in2019 is -If E234 Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. into this Construction Manager as Constructor Edition, , Sustainable Projects Exhibit, 9–4™3Document E2itect shall complete and incorporate AIA If the Owner identifies a Sustainable Objective, the Owner and Arch § « » Identify and describe the Owner’s Sustainable Objective for the Project, if any( :The Owner’s anticipated Sustainable Objective for the Project 1.1.7 § « » packages.)(List number and type of bid/procurement :forth beloware set design and construction, or phased constructiontrack -fastaccelerated or s requirements for ’OwnerThe 1.1.6 § Guaranteed Maximum Price.out a payment is the Cost of the Work Plus a Fee withManager as Constructor where the basis of Standard Form of Agreement Between Owner and Construction 120–AIA Document A134 \] « »\[ ., as modifiedmum PriceGuaranteed MaxiConstructor where the basis of payment is the Cost of the Work Plus a Fee with a Manager as 9, Standard Form of Agreement Between Owner and Construction –AIA Document A133 \] » X« \[ ).ypeagreement t(Indicate :the following agreement pursuantConstruction Manager to retain a The Owner intends .1.51 § « » :milestone dates Other .4 » Fall 2026« Substantial Completion date or dates: .3 » Spring 2025« :dateommencement construction C .2 » ber 2024: NovemDesign completion« Design phase milestone dates, if any: .1 :construction milestone datesdesign and anticipated s ’The Owner .1.41 § 3 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 442 « » « » « » « » « » » « information.) contact other and ,address(List name, :4with Section 2.The Architect identifies the following representative in accordance 1.1.11 § » « ).retained by the Ownerand contractors any other consultants (List :consultants and contractors Other 5. « » « » « » « » »« » « Civil Engineer: 4. « » « » « » « » »« » « Geotechnical Engineer: 3. « » « » « » « » »« » « Land Surveyor: 2. » « )ection 4.1.1S, complete assist the Owner in selecting the Construction ManagerIf the Architect is to retained as of the date of this Agreement, state the anticipated date of retention. n Manager is identified on the cover page. If a Construction Manager has not been (The Constructio Construction Manager: .1 information.) contact and other ,addresslegal status, name, List ( :and contractors consultantsthe following retain shall he OwnerT 1.1.10 § « » information.) contact and other ,(List name, address as follows:submittals to the Owner are s ’who are required to review the Architect, s representative’The persons or entities, in addition to the Owner 1.1.9 § »sramsey@rochestermn.gov 2026--«507 4 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 443 .ation model, and each of their agents and employeesbuilding informe sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, th 2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s –ocument G202™D2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA –forth in AIA Document E203™governing the use of, and reliance on, the information contained in the model and without having those protocols set ut agreement to protocols Any use of, or reliance on, all or a portion of a building information model witho 1.3.1 § .exchange of digital dataInformation Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and 2013, Building –E203™use AIA Document will he parties Tinformation or documentation in digital form. The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other 1.3 § .material changes in the Initial Informationto accommodate Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, The Owner shall adjust the s compensation.’and the Architect ,s services’the Architectfor schedule Architect’s services, may materially change and, in that event, the Owner and the Architect shall appropriately adjust theInformation the Initial Owner and Architect may rely on the Initial Information. Both parties, however, recognize that The 21. § « » Agreement is based:on which the Initial Information Other 1.1.13 § « » Services: SupplementalConsultants retained under 1.1.12.2 § « » « » « » « » »« » « Electrical Engineer: .3 « » « » « » « » »« » « Mechanical Engineer: .2 « » « » « » « » »« » « Structural Engineer: .1 Consultants retained under Basic Services: 1.1.12.1 § information.) contact and other ,addresslegal status, name, List ( :1.1.12.2 identified in Sections 1.1.12.1 consultantsthe retain shall he ArchitectT 1.1.12 § 5 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 444 claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional additional insured forexcess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an To the fullest extent permitted by law, the Architect shall cause the primary and 7 Additional Insured Obligations.2.6. § aggregate. in the ) » 4,000,000« » Four Million« per claim and ) » 2,000,000« » Million Two « less than with policy limits of not he performance of professional services, and omissions in tProfessional Liability covering negligent acts, errors 6.62. § .statutory requirements) policy limit « » « »and ) each employee, « » « ») each accident, « » « »Employers’ Liability with policy limits not less than 2.6.5 § .Workers’ Compensation at statutory limits 42.6. § .payment by the underlying insurersthe primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual in no event shall any excess or umbrella liability insurance provide narrower coverage than , .26.1 and 2.62. Sectionsrequired under the coveragesinsurance policies result in the same or greater coverage as or umbrella liability liability insurance, provided such primary and excess or umbrella lity through a combination of primary and excess LiabiArchitect may achieve the required limits and coverage for Commercial General Liability and Automobile The .362. § .required automobile coveragealong with any other statutorily sing out of the ownership, maintenance and use of those motor vehicles, damage and property , death of any person,for bodily injury accidentper ) » 1,000,000« » One Million« than of not less by the Architect with policy limits ,owned vehicles used-and non ,Liability covering vehicles ownedAutomobile 2.6.2 § damage.gate for bodily injury and property in the aggre) » ,000,0004« » Million Four« occurrence andfor each ) » 2,000,000« » Two Million« Commercial General Liability with policy limits of not less than .162. § .11.9 Sectionrchitect as set forth in the A shall Ownerthe types and limits the Architect normally maintains, the are in addition toany of the requirements set forth below of this Agreement. If until terminationmaintain the following insurance gagement to perform services on the Project.enrequire of its consultants proof of insurance meeting the foregoing requirements as a condition precedent to their insurance without giving the Owner thirty (30) days advance written notice of its intent to cancel. The Architect shall ill not cancel the execution of this Agreement. Such proof shall also confirm that the insurer has agreed that it wconfirming that it has procured the foregoing required insurance coverages prior to ,the applicable claims periodacceptable to Owner and maintain coverage for furnish proof of insurance Architect shall The .\[WME1\]Insurance6 2. § with respect to this Project.s professional judgment ’employment, interest or contribution that would reasonably appear to compromise the Architectt engage in any activity, or accept any s knowledge and consent, the Architect shall no’Except with the Owner 52. § Project.The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the 42. § Manager.actions taken by the Construction for sible The Architect shall not be responthe agreement identified in Section 1.1.5. in The Architect shall provide its services in conjunction with the services of a Construction Manager as described 2.3 § orderly progress of the Project.skill and care and the The Architect shall perform its services as expeditiously as is consistent with such professional architects practicing in the same or similar locality under the same or similar circumstances.and reputable experienced skill and care ordinarily provided by The Architect shall perform its services consistent with the professional 2.2 § .shall cause such services to be performed by appropriately licensed design professionalswhere the Project is located to provide the services required by this Agreement, or properly licensed in the jurisdictionThe Architect represents that it is Architect shall provide professional services as set forth in this Agreement.The 2.1 § RESPONSIBILITIES S’ARCHITECT 2 ARTICLE 6 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 445 .authorities and entities thosedesign requirements imposed by applicable he Architect shall respondproviding utility services to the Projectentities approve the Construction Documents and required to governmental authorities contact, in coordination with the Construction Manager, Architect shallT 63.1. § .conforming work, made or given without the Architect’s written approval-ance of Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s accept The appropriate action upon, the portion of the Project schedule relating to the performance of the Architect’s services.approve, or take other The Architect shall review and the Project schedule as it relates to the Architect’s services.The Architect shall submit information to the Construction Manager and participate in developing and revising 3.1.4 § .of constructionuntil the commencement Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds, be exceeded by the Architect or Owner. With the shall not, except for reasonable cause established by the scheduletime limits approved by the Owner, Once approval of submissions by authorities having jurisdiction over the Projefor Construction Manager’s Preconstruction Phase services, for the performance of the Owner’s consultants, and for the performance of the , for the Construction Manager’s review,views re’periods of time required for the Ownerallowances for for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include and for the commencement of construction anticipated dates as well as the milestone dates, phase shall include design s services. The schedule ’of the Architectfor the performance a schedule ’s approval, Owner Manager’s review and the Construction the for ,soon as practicable after the date of this Agreement, the Architect shall submit .33.1 § .or inconsistency in such services or information ,aware of any error, omissions consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes ’and the Owner , the Construction Manager,on furnished by the Ownerservices and informati ,of , and timelinesscompleteness ,accuracythe , and shall not be responsible for,s consultants. The Architect shall be entitled to rely on’and the Owner Manager,, the Construction s services with those services provided by the OwnerArchitect shall coordinate itThe 3.1.2 § .and report progress to the Owner ,communicate with members of the Project teamProject meetings, s services, research applicable design criteria, attend ’Architect shall manage the ArchitectThe 3.1.1 § .ServicesAdditional Supplemental or Services not set forth in this Article 3 are structural, mechanical, and electrical engineering services. Article 3 and include usual and customary this Services consist of those described in s Basic ’ArchitectThe 3.1 § CESSERVI BASIC S’ARCHITECT OF SCOPE 3 ARTICLE subcontractors, agents, employees or delegates. attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of the Architect, its n covered by the specified insurance) is occurrence (i.e., the event giving rise to a claim which would have beewould have been provided by the specified insurance. This indemnity applies only to the extent to which the underlying gation) to the extent necessary to afford the same protection as (including reasonable attorney's fees and expenses of liti harmless the Owner and the Owner’s officials, agents and employees from any loss, claim, liability, and expense provide the specified insurance, then the Architect will defend, indemnify, and hold If the Architect fails to 2.6.10 § do business in the State of Minnesota.(minus); Financial Size Category (FSC) VII or better and authorized to -companies having an “AM BEST” rating of A asis. The Architect shall obtain insurance policies from insurance acceptable) and shall apply on a “per project” bprofessional liability, shall be written on an “occurrence” form (“claims made” and “modified occurrence” forms are not Contract related insurance premiums and deductibles. All policies listed above, except responsible for payment of Owner with respect to any claim arising out of the Architect’s performance under this Contract. The Architect is The Architect’s policies shall be primary insurance to any other valid and collectible insurance available to the 2.6.9 § .62. Sectionrequirements in this compliance with the eevidencthat OwnerArchitect shall provide certificates of insurance to the The 8.6.2 § .ongoing and completed operations contributory to any of the Owner’s insurance policies and shall apply to both -insured coverage shall be primary and non 7 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 446 .design services as a Supplemental Service under Section 4.1The Owner may obtain more advanced sustainable s program, schedule and budget for the Cost of the Work. ’Ownerveloping a design that is consistent with the in detogether with other considerations based on program and aesthetics, alternatives, such as material choices and building orientation, design sustainableArchitect shall consider The .5.133. § .in writingls shall be noted on the drawings or described Preliminary selections of major building systems and construction materia. representationsmay include some combination of study models, perspective sketches, or digital and elevations; andbuilding plans, sections ite plan, if appropriate, and preliminaryconsist of drawings and other documents including a s the Owner’s approval. The Schematic Design Documents shall Construction Manager’s review and Documents for on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Based .533. § .of the Project componentsa preliminary design illustrating the scale and relationship ,s approval’for the Owner ,Owner and Construction Managerto the ,agreed upon with the Owner, the Architect shall prepare and present the Project requirementsBased on .433. § .in writing with the Ownerand confirm the same Architect shall reach an understanding with the Owner regarding the requirements of the Project. The on of the Projectalternative approaches to design and constructiand Construction Manager with the Owner Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss The .333. § s that may be reasonably needed for the Project.information or consulting serviceThe Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other Project.requiremen ts of the to ascertain the , each in terms of the other,and other Initial Informationct site, , Projethe Works program, schedule, budget for the Cost of ’The Architect shall prepare a preliminary evaluation of the Owner .23.3 § , and shall review laws, codes, and regulations applicable to the Architect’s services.Managerand Construction the Ownerrmation furnished by and other info ,The Architect shall review the program .133. § Services Phase Design Schematic 33. § .Guaranteed Maximum Price Amendment or Control Estimateincorporate the agreed upon assumptions and clarifications contained in the Specifications, and other documents toArchitect shall update the Drawings, Section 4.2.1.14, theauthorization by the Owner, and subject to Upon 23.2. § .promptly notify the Owner and Construction Managerin the information presented, the Architect shall event that the Architect discovers any inconsistencies or inaccuracies sequences, techniques, or procedures; or for the verification of any estimates of cost or estimated cost proposals. In the ility for the Construction Manager’s proposed means, methods, inconsistencies; for the assumption of any responsib Manager’s proposal or estimate. The Architect’s review is not for the purpose of discovering errors, omissions, or shall assist the Owner in reviewing the Construction or Control Estimate. The Architect Maximum Price proposal, a Guaranteed or approval the Owner’s acceptance for and ,shall prepare, for review by the Owner and ArchitectAt a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager 13.2. § Estimate Control or Proposal Price Maximum Guaranteed Manager’s Construction the of Review 23. § proposals.providing bids or sssist the Owner in the evaluation of the qualifications of entitieThe Architect shall a 9 3.1. § .requests, clarifications, and interpretationscommunications related to substitution inArchitect. The Architect and Construction Manager shall include the Owner Drawings, Specifications, and other documents submitted by the clarification or interpretations pertaining to the Construction Manager’s requests for substitutions and, upon written request of the Construction Manager, provide Control Estimate, as applicable, the Architect shall consider the he Construction Manager’s tapproval of Owner’s the ,Guaranteed Maximum Price proposal Construction Manager’s e Owner’s acceptance of the Prior to th 83.1. § for filing documents required for the approval of governmental authorities having jurisdiction over the Project.sibility The Architect shall assist the Owner and Construction Manager in connection with the Owner’s respon 73.1. § 8 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 447 .by the Construction Manager to provide comments on potential omissions or overlap prepared; and (3) review of the scopes of Work , and may include sample formsSpecificationsthe Contract for Construction and (2) a project manual that includes the Conditions of and ;Construction (General, Supplementary and other Conditions)Contract for Owner and Construction Manager in the development and preparation of (1) the Conditions of thethe development of the Construction Documents, if requested by the Owner, the Architect shall assist the During 3.53. § .into the Construction Documents Projectgovernmental authorities having jurisdiction over the requirements design Architect shall incorporate the The .253. § ..46Section 3.Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with will provide additional information, including Sh Construction Managerthe ,the Work performin order to ,thatThe Owner and Architect acknowledge materials and systems and other requirements for the construction of the Work.ls and performance criteria of shall consist of Drawings and Specifications setting forth in detail the quality leveDocuments shall illustrate and describe the further development of the approved Design Development Documents and Construction Owner’s approval. Thenager’s review and the Construction MaDocuments for the Construction any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of Based .153. § Services Phase Documents Construction 53. § approval of the Design Development Documents.s ’and request the Owner 6and 6. 56. sSectionDevelopment Phase, the Architect shall take action as required under estimate at the conclusion of the Design information and s ’Construction ManagerUpon receipt of the .343. § the Design Development Documents. review Construction Managereet with the . The Architect shall mConstruction Managerocuments to the Owner and the Drior to the conclusion of the Design Development Phase, the Architect shall submit the Design Development P .243. § .erials and systems and establish in general their quality levelsthat identify major mat. The Design Development Documents shall also include outline specifications elements other appropriatesystems, and to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systemsdiagrammatic layouts of building and elevations, typical construction details, ,plans, sectionsincluding other documentsand ingsconsist of drawillustrate and describe the development of the approved Schematic Design Documents and shall shall shall be based upon information provided, and estimates prepared by, the Construction Manager and Documents Design Development approval. The Owner’sConstruction Manager’s review and the Documents for the Development , the Architect shall prepare Design the budget for the Cost of the Work in the Project requirements andadjustments on the Owner’s authorization of any and ,ematic Design Documents Owner’s approval of the on the Based .143. § Services Phase Development Design 43. § Construction Manager’s agreement with the Owner.accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the the the Architect shall be entitled to rely on subject to written disclaimer or qualification from the Owner as to accuracy, In the further development of the Drawings and Specifications during this and subsequent phases of design, 3.3.8 § .Phasevelopment Design Deincorporate the required revisions in the the Architect shall ,Owner’s budget for the Cost of the Work at the conclusion of the Schematic Design Phase to comply with the Schematic Design Documents are required If revisions to the esign Documents. of the Schematic D Schematic Design Phase, the Architect shall take action as required under Section 6.4, and request the Owner’s approval receipt of the Construction Manager’s review comments and cost estimate at the conclusion of the Upon .73.3 § ments.ematic Design DocuArchitect shall meet with the Construction Manager to review the SchThe Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager. The 6.33. § .program, schedule, and budget for the Cost of the Work design for the Project that is consistent with the Owner’s building systems and equipment, together with other considerations based on program and aesthetics, in developing a with the Owner and the Construction Manager the value of alternative materials, Architect shall considerThe .5.233. § 9 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 448 l be made in writing within any time limits agreed upon or otherwise with reasonable promptness.requests shals response to such ’. The ArchitectConstruction ManagerContract Documents on written request of either the Owner or the under, and requirements of, performance The Architect shall interpret and decide matters concerning 3.2.63. § .f the WorkSubcontractors, suppliers, their agents or employees, or other persons or entities performing portions o, Construction Managerexercise such authority shall give rise to a duty or responsibility of the Architect to the od faith either to exercise or not to completed. However, neither this authority of the Architect nor a decision made in goWork is fabricated, installed or Work in accordance with the provisions of the Contract Documents, whether or not authority to require inspection or testing of the heshall have tArchitect considers it necessary or advisable, the Architect authority to reject Work that does not conform to the Contract Documents. Whenever the has theArchitect The 2.2.63. § .defects and deficiencies observed in the Workanager, and (3) submitted by the Construction M from the most recent construction schedule (2) known deviations ,known deviations from the Contract Documents(1) report to the Ownerand promptly portion of the Work completed, informed about the progress and quality of the reasonably and Construction Manager keep the Owner the Architect shall On the basis of the site visits, to check the quality or quantity of the Work. inspectionssite -exhaustive or continuous on completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to makeis being performed in a manner indicating that the Work, when fully observed if the Work ,in general ,determineof the Work completed, and to , to become generally familiar with the progress and quality of the portion Section 4.2.3required in Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise The .2.163. § Work the of Evaluations .263. § Work.the or of any other persons or entities performing portions of Construction Manageracts or omissions of the ,responsible forand shall not be ,but shall not have control over or charge of s negligent acts or omissions,’responsible for the Architect The Architect shall failure to perform the Work in accordance with the requirements of the Contract Documents.s ’Construction Managerbe responsible for the shall not he Architect t nor shall, 2.2 and 3.6.2.1uirements of Sections . Subject to the he Worktechniques, sequences or procedures, or for safety precautions and programs in connection with tfor the construction means, methods, responsibilitycharge of, or ,have control over The Architect shall Agreement.ner only to the extent provided in this The Architect shall have authority to act on behalf of the OwPhase Services. Construction during theand Construction Manager The Architect shall advise and consult with the Owner 3.1.63. § .the date the Architect issues the final Certificate for PaymentConstruction Phase Services terminates on . Subject to Section 4.2, and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide approvalprior to such acceptance or scription of the Work to be performed by the Construction Managerwhich sets forth a de the Construction Manager’s Control Estimate, or by a written agreement between the Owner and Construction Manager the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Owner’s approval of ces upon to Section 4.2, the Architect’s responsibility to provide Construction Phase Services commen Subject 2.1.63. § 2017 shall mean the Construction Manager.-“Contractor” as used in A201 The term .reement unless the Owner and the Architect amend this Agreement Architect’s services under this Ag not affect the shall 2017, those modifications –AIA Document A201 modify Owner and Construction ManagerIf the , General Conditions of the Contract for Construction. 2017–™as set forth below and in AIA Document A201 ManagerConstruction Architect shall provide administration of the Contract between the Owner and the The .1.163. § General .163. § Services Phase Construction 63. § .Construction Documents as required under Section 6.7, and request the Owner’s approval of the Documents Phase, the Architect shall take action receipt of the Construction Manager’s information and estimate at the conclusion of the Construction Upon 5.53. § the Construction Documents. review Construction Managerhe Architect shall meet with the T. Construction Managerand the Documents to the Ownerthe Architect shall submit the Construction rior to the conclusion of the Construction Documents Phase, P 4.53. § 10 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 449 .provided by such design professionalsand approvals performed or ,accuracy of the services, certifications the adequacy shall not be responsible for,, and The Architect shall be entitled to rely upont expressed in the Contract Documents. given and the design concep The Architect’s review shall be for the limited purpose of checking for conformance with information the Architect. s seal and signature when submitted to ’bear such professional submittalsthe , provideddesign professional ger’s ManaConstruction other submittals related to the Work designed or certified by the appropriate action on Shop Drawings and take the appropriate performance and design criteria that such services must satisfy. The Architect shall review and t shall specify or equipment, the Architec ,services or certifications by a design professional related to systems, materialsto provide professional design Construction Managerthe Contract Documents specifically require the .4.363. § .f which the item is a componentan assembly os approval of a specific item shall not indicate approval of ’methods, techniques, sequences or procedures. The Architects review shall not constitute approval of safety precautions or construction means, ’responsibility. The Architects nager’Construction Maquantities, and installation or performance of equipment or systems, which are the submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, he Contract Documents. Review of such conformance with information given and the design concept expressed in tsubmittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for s Construction Manager’the ,or take other appropriate action upon ,approvehe Architect shall review and T .4.263. § .to permit adequate review ,s professional judgment’in the Architect ,allowing sufficient timeapproved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while s action in reviewing submittals shall be taken in accordance with t’The Architect withhold approval of the schedule.submittal schedule and shall not unreasonably delay or Architect shall review the Construction Manager’s The .4.163. § Submittals .463. § The Architect shall maintain a record of the Applications and Certificates for Payment. .3.363. § .Contract Sumhas used money previously paid on account of the Construction Managerascertained how or for what purpose the s right to payment, or (4) nager’Construction Maand suppliers and other data requested by the Owner to substantiate the means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors or quantity of the Work, (2) reviewed construction site inspections to check the quality -exhaustive or continuous onissuance of a Certificate for Payment shall not be a representation that the Architect has (1) made The .3.263. § .qualifications expressed by the Architectto completion, and (4) specific and inspections, (3) correction of minor deviations from the Contract Documents prior the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests (1) an evaluation of to ing representations are subject. The foregois entitled to payment in the amount certified ManagerConstruction that the , and the quality of the Work is in accordance with the Contract Documents ,to the point indicated rchitect’s knowledge, information and belief, the Work has progressed Application for Payment, that, to the best of the A Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the such amounts. The Architect’s Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in The .3.163. § Manager Construction to Payment for Certificates 3.63. § .as provided in the Contract Documents agerConstruction Man by theOwner andbetween the laims Che Architect shall render initial decisions on t2017, –as that term is defined in AIA Document A201the Owner and Construction Manager designate another person to serve as an Initial Decision Maker, Unless 5.2.63. § .Contract Documentss decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the ’ArchitectT her, and shall not be liable for results of interpretations or decisions rendered in good faith.not show partiality to eit, shall Construction Managerdecisions, the Architect shall endeavor to secure faithful performance by both Owner and the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and ,fromand reasonably inferable ,and decisions of the Architect shall be consistent with the intent ofInterpretations .2.463. § 11 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 450 be responsible for providing the identified Supplemental Service. Insert shall or Owner Architectindicating whether the Owner’s Supplemental Services required for the Project by the and Services Architect’s Supplemental the (Designate .ProjectSupplemental Service is not being provided for the addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Unless otherwise specifically all compensate the Architect as provided in Section 11.2. , and the Owner shresponsibilitys ’below as the Architectin the table Services only if specifically designated Supplemental listedshall provide the The Architect ervices listed below are not included in Basic Services but may be required for the Project. s .14.1 § Services Supplemental 4.1 § SERVICES ADDITIONAL AND SUPPLEMENTAL 4 ARTICLE and performance.eeting with the Owner to review the facility operations conduct a m , without additional compensation,the Architect shallrior to the expiration of one year from the date of Substantial Completion, PUpon request of the Owner, and p 5.6.63. § .ion required of the Construction Manager under the Contract Documentsdocumentat; and (3) any other or bonds indemnifying the Owner against liens ,affidavits, receipts, releases and waivers of liens(2) ; (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment :Construction Managershall forward to the Owner the following information received from the Architect The .6.463. § .for final completion or correction of the Work Sum, if any,to be retained from the Contract amount , including tion ManagerConstructhe Contract Sum remaining to be paid the , the Architect shall inform the Owner about the balance of Substantial Completion has been achieved When .6.363. § Construction Manager of Work to be completed or corrected.s of the list submitted by the requirements of the Contract Documents and (2) verify the accuracy and completeness inspections shall be conducted with the Owner to (1) check conformance of the Work with the ’The Architect .6.263. § .Documentsplies with the requirements of the Contract the Work com Architect’s knowledge, information, and belief, that, to the best of the issue a final Certificate for Payment based upon a final inspection indicating 4. Construction Manager;the received fromrequired by the Contract Documents and ments s review and records, written warranties and related docu’forward to the Owner, for the Owner 3. ;issue Certificates of Substantial Completion .2 ;completionconduct inspections to determine the date or dates of Substantial Completion and the date of final .1 :The Architect shall .6.163. § Completion Project .663. § The Architect shall maintain records relative to changes in the Work. .5.263. § .and execution in accordance with the Contract Documentss approval ’for the Owner Directiveshe Architect shall prepare Change Orders and Construction Change Section 4.2, tt Time. Subject to an adjustment in the Contract Sum or an extension of the Contrac enot involvand do Documents are consistent with the intent of the Contract that the Work minor changes in orderArchitect may The .5.163. § Work the in Changes .563. § in accordance with the requirements of the Contract Documents. ManagerConstruction The Architect shall maintain a record of submittals and copies of submittals supplied by the .4.563. § .for informationrequests the appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to time limits agreed upon, or otherwise with reasonable promptness. If requests shall be made in writing within anys response to such ’or Specifications in need of clarification and the nature of the clarification requested. The Architectinclude, at a minimum, a detailed written statement that indicates the specific Drawings Requests for information shall the requirements for requests for information. ,in the Contract Documents ,Documents. The Architect shall set forth, the Architect shall review and respond to requests for information about the Contract 2to Section 4.ubject S .4.463. § 12 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 451 .provided below each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is description of A 1.2.24. § « » exhibit to describe the Architect’s Supplemental Servicesthe exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an , identify in an exhibit set forth, if Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1( .provided below identified in Section 4.1.1 as the Architect’s responsibility is Service Supplementaldescription of each A .121.4. § Services Supplemental of Description 4.1.2 § Other Supplemental Services 294.1.1. § Other services provided by specialty Consultants 284.1.1. § Furniture, furnishings, and equipment design 274.1.1. § Historic preservation 264.1.1. § pursuant to Section 4.1.3Sustainable Project Services 25§ 4.1.1. Commissioning 244.1.1. § Security evaluation and planning 234.1.1. § Telecommunications/data design 224.1.1. § Architect’s coordination of the Owner’s consultants 214.1.1. § related services-Tenant 204.1.1. § Facility support services 9 § occupancy evaluation-Post 8 § constructed record drawings-As 7 § designed record drawings-As 6 § Conformed documents for construction 5 § site project representation-On 4.1.1.14 § estimating Cost 4.1.1.13 § Value analysis 2 § Architectural interior design 1 § Landscape design 104.1.1. § Civil engineering 94.1.1. § construction useDevelopment of Building Information Models for post § responsibilities Building Information Model management 74.1.1. § Site evaluation and planning 64.1.1. § Existing facilities surveys 54.1.1. § Measured drawings 41.4.1. § Multiple Preliminary Designs 3 4.1.1. § Programming 24.1.1. § Manager Assistance with Selection of Construction § (Architect, Owner, or not provided) \[WME2\]Responsibility Supplemental Services ).this Agreementon of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to a descripti 13 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 452 .included in the Guaranteed Maximum Price Amendment or Control Estimatets resulting from substitutions Making revisions to the Drawings, Specifications, and other documen 5.1 Estimate; andassumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control upon -the Drawings, Specifications, and other documents resulting from agreed revisions toMaking 4.1 ;Construction Managerin engaging the ervices necessitated by the Owner’s delay S 3.1 ethod;onstructor project delivery method to an alternative project delivery mcManager as ervices necessitated by replacement of the Construction Manager or conversion of the Construction S 2.1 ;Architectssistance to the Initial Decision Maker, if other than the A 1.1 oronsultation concerning replacement of Work resulting from fire or other cause during construction; C 10. ;Architect is party theretoa dispute resolution proceeding or legal proceeding, except where the ,ttendance atfor, and areparation P 9. ;sor hearing s, meetingspublic presentation three (3)more than a reparation for, and attendance at, P 8. Construction Manager;Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or 7. ;authorized recipients -contractors, or to other Owner for transmission to the Owner’s consultants and models or other design documentationdigital eparing rP 6. contractors;s consultants or ’manner or any other failure of performance on the part of the Owner or the Ownernot rendered in a timely or Construction Manager ervices necessitated by decisions of the OwnerS 5. ;e with the applicable standard of carein accordanccontrary to requirements of the Instruments of Service when those Instruments of Service were prepared applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) rary to specific interpretations by the applicable codes, laws or regulations that are either (a) cont or editing previously prepared Instruments of Service necessitated by official interpretationshanging C 4. ;editing previously prepared Instruments of Serviceulations, including changing or enactment or revision of codes, laws, or regnecessitated by the ervices S 3. or equipment; ,and quality of materials, finishessuch excess is due to changes initiated by the Architect in scope, capacities of basic systems, or the kinds budget, except where exceeds the Owner’s or Control Estimate ,Guaranteed Maximum Price proposalstimate of the Cost of the Work, when such revisions are required because the Construction Manager’s e ngs, Specifications, or other documents (as required pursuant to Section 6.7), revisions in DrawiMaking .2 ; bid packages in addition to those listed in Section 1.1.6 the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or e Owner, approvals given by the Owner, or a material change in given by the Construction Manager or thnecessitated by a change in the Initial Information, previous instructions or recommendations ervices S .1 :d to provide the following Additional Services until the Architect receives the Owner’s written authorization not proceewith reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall writing recognizing the need to perform the following Additional Services, the Architect shall notify the Owner Upon .124. § ule.s sched’Architectand an appropriate adjustment in the nsation pursuant to Section 11.3shall entitle the Architect to compe 2Section 4.for services required due to the fault of the Architect, any Additional Services provided in accordance with this Except . after execution of this Agreement without invalidating the AgreementServices The Architect may provide Additional Services Additional Architect’s 4.2 § .provided in Section 11.2attached to this Agreement. The Owner shall compensate the Architect as Construction Manager as Constructor Edition,2019, Sustainable Projects Exhibit, –Service, the Sustainability Services required in AIA Document E234™f the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental I 1.34. § « » the exhibit Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify ( 14 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 453 to coordinate and redesign Architect the Owner incurring costs for with it associated risks. Such risks include carries also track scheduling provides a benefit, but -or f , phasedOwner acknowledges that acceleratedThe .135. § .Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality Construction shall notify the Architect and Construction Manager. The Owner and the Architect, in consultation with the If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner completion. roject until final Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the P The defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. budget for the Cost of the Work as Owner shall establish the Owner’s budget for the Project, including (1) the The 5.3 § greement selected in Section 1.1.5.ain the and responsibilities as described ,The Owner shall retain a Construction Manager to provide services, duties 5.2 § rements.and site requi ;systems ;special equipment ;expandability ;flexibility ;constraints and criteria, including space requirements and relationships ;schedule ;objectivess ’limitations on the Project, including a written program which shall set forth the Ownerregarding requirements for and otherwise provided for under this Agreement, the Owner shall provide information in a timely manner Unless 5.1 § RESPONSIBILITIES S’OWNER 5 ARTICLE Services.shall be compensated as Additional s services beyond that time ’, through no fault of the Architect, extension of the ArchitectAgreement thisof the date months ) \[MW3\] » 36« ( » xsi-thirty« withinIf the services covered by this Agreement have not been completed 5.24. § .se Construction Phase Serviadditional cost in providing thoContractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs al date of Substantial Completion identified in the agreement between the Owner and the Work or (2) the initiSection 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of 6.6.5 and those services that do not exceed the limits set forth in 3.Except for services required under Section 4.24. § inspections for any portion of the Work to determine final completion) « » ( « » .4 ments of the Contract Documentssubstantially complete in accordance with the requireny portion of the Work to determine whether such portion of the Work is inspections for a) » « ( « » .3 to the site by the Architect during constructionvisits ) « » ( « » .2 Construction Managerof the sreviews of each Shop Drawing, Product Data item, sample and similar submittal ) « » ( « » .1 shall notify the Owner: . When the limits below are reached, the ArchitectServicesThe Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional 3.24. § .revisions to Instruments of Service resulting therefromand making subsequent erConstruction Manag or substitutions proposed by the Owner valuatingE .5 or Claims as the Initial Decision Maker; more than five (5)an extensive number ofvaluating E .4 ;Change Directives when the need arises from the Architect’s error or omission struction except that the Architect’s Basic Services shall include preparing Change Orders or Con ,Serviceproposals and supporting data, or the preparation or revision of Instruments of s’Construction Managerthe ruction Change Directives that require evaluation of reparing Change Orders, and ConstP .3 documentation;prepared coordination drawings, or prior Project correspondence or -Construction Manager ,informationprovided -careful study and comparison of the Contract Documents, field conditions, other Ownerfrom a Construction Managerwith the Contract Documents or where such information is available to the requests for information that are not prepared in accordance s’Construction Manageresponding to the R .2 ;the Architect approvedsubmittal out of sequence from the submittal schedu s Construction Manager’a eviewing R .1 :provided prior to the Architect’s receipt of the Owner’s notice services Architect forcompensate the shall OwnerT of the Owner’s determination. the Architectshall give prompt written notice to services are not required, the Owner the Owner determines that all or parts of upon receipt of the Architect’s notice,, Ifwith reasonable promptness, and explain the facts and circumstances giving rise to the need. in writing the Ownernotify ,avoid delay in the Construction Phase, the Architect shall provide the following Additional Services .224. § 15 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 454 .Project. Communications by and with the Architect’s consultants shall be through the Architect tions between the Owner and the Construction Manager otherwise relating to the substance of any direct communicaThe Owner shall promptly notify the Architect of the professional responsibilities. affect the Architect’s services or Owner shall include the Architect in all communications with the Construction Manager that relate to or The 35.1 § of Service.aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments he Owner becomes The Owner shall provide prompt written notice to the Architect and Construction Manager if t 215. § s needs and interests.’reasonably necessary at any time for the Project to meet the Ownerand accounting services, including auditing services, that may be he Owner shall furnish all legal, insurance T 11.5 § structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.nish tests, inspections and reports required by law or the Contract Documents, such as he Owner shall furT 10.5 § .as appropriate to the services or work provided ,liability insuranceprofessional insurance, including maintain and contractors The Owner shall require that its consultants the Project. d by the scope of y are reasonably requireService, when the Architect requests such services and demonstrates that thein this Agreement, or authorize the Architect to furnish them as an Additional the responsibility of the Architectrnish the services of consultants other than those designated s consultants. The Owner shall fu’Owner and the Owners request, the Owner shall furnish copies of the scope of services in the contracts between the ’Upon the Architectnate the services of its own consultants with those services provided by the Architect. Owner shall coordiThe 95. § .to this AgreementConstruction Manager as Constructor Edition, attached , Exhibit , Sustainable Projects9–™E234AIA Document inrequired a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities Owner identified If the 8.5 § .designated as the Owner’s responsibility in Section 4.1.1 ervicesprovide the Supplemental SThe Owner shall 7.5 § .reports and appropriate recommendationswritten cessary operations for anticipating subsoil conditions, with corrosion tests and resistivity tests, including neground seismic evaluation, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, nish services of geotechnical engineers, which may include test borings, test pits, Owner shall furThe 6.5 § curacy of utility locations.acle to confirm the and the Architect shall be responsib unless operated by Owner, accuracy of utility location informationlocation information in its possession but makes no representation as to the Owner shall provide utility .benchmarkand below grade, including inverts and depths. All the information on the survey shall be referenced to a Project trees; and information concerning available utility services and lines, both public and private, above improvements andnecessary data with respect to existing buildings, other other and ,contours of the site; locations, dimensionsway, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and -of-adjacent drainage; rightsd wetlands; applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designatesite of the Project, and a written legal description of the site. The surveys and legal information shall include, as and utility locations for the Owner shall furnish surveys to describe physical characteristics, legal limitationsThe 55. § s services.’Architectin order to avoid unreasonable delay in the orderly and sequential progress of the submittals in a timely manners ’. The Owner shall render decisions and approve the Architect authorized to do so in writing by the Owner’s Council presentative have authority to agree to any adjustments in the Contract Sum or Contract Time, unless expressly re l. In no event shall the Owner’s specific matters delegated to the representative in writing by the Owner’s Counci Projectwith respect to the only s behalf ’authorized to act on the Ownera representative The Owner shall identify 45. § cover such costs. sufficient contingencies totrack scheduling, the Owner agrees to include in the budget for the Project -fast , phasedacceleratedthe Owner selects previously installed Work. If and replacee remov Construction Managerthe costs for tion Documents, and Construcportions of the Project affected by procuring or installing elements of the Project prior to the completion of all relevant 16 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 455 .under this Article 6 shall be the limit of the Architect’s responsibility Phase the Construction Documents revisions in 6.5.1. The Architect’s nclusion of the Design Development Phase Services, or the budget as adjusted under Section Cost of the Work at the co in the Construction Documents Phase as necessary to comply with the Owner’s budget for the revisionsincorporate the , the Architect, without additional compensation, shall 3the Owner chooses to proceed under Section 6.5. 66. § implement any other mutually acceptable alternative. 4. quality as required to reduce the Cost of the Work; or, revise the Project program, scope, or and Construction Manager in consultation with the Architect 3. ;terminate in accordance with Section 9.5 2. give written approval of an increase in the budget for the Cost of the Work; .1 Phase exceeds the Owner’s budget for the Cost of the Work, the Owner shall Design Development the estimate of the Cost of the Work at the conclusion of n Manager’s ConstructioIf the 56. § ., and the Owner shall cooperate with the Architect in making such adjustmentsCost of the Workfor the Manager, shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget h the Construction the Work exceeds the Owner’s budget for the Cost of the Work, the Architect, in consultationprior to the conclusion of the Design Development Phase, the Construction Manager’s estimate of the Cost of If, 46. § .ogether to reconcile the cost estimatesConstruction Manager shall work tand the between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Architect a discrepancy exists the Architect is providing cost estimating services as a Supplemental Service, and 6.3.1 § .any such reviewduring notedinaccuracies and inconsistencies any material shall report to the Owner the Architect owever, servicess guidance in completion of its ’s estimates solely for the Architect Construction Manager’the Architect may review The . or due to market conditions the Architect could not reasonably anticipate, incompleteness in preparing cost estimatesinaccuracies or Construction Manager’s required due to the Drawings, Specifications or other documentsevisions to the nal Service, rArchitect progresses with its Basic Services. The Architect shall prepare, as an Additioes as the preparthe Construction Manager of the Cost of the Work estimatesto rely on the accuracy and completeness of The Architect shall be entitled ost of the Work.negotiating, price escalation, and market conditions in estimates of the Cto include appropriate contingencies for design, bidding or Construction ManagerOwner shall require the The 6.3 § .s judgment as a design professional’represent the Architect Works budget for the Cost of the ’of the Owner Evaluations and 6.4. 3Sections 5.throughout the Project as required under be adjusted shallInitial Information, and in the s budget for the Cost of the Work is provided ’OwnerThe 6.2 § .Ownerponsibility of the or other costs that are the res for changes in the Work; contingenciesway, financing, -of-rightsthe costs of the land, the compensation of the Construction Manager for Preconstruction Phase services; ;Architectdoes not include the compensation of the The Cost of the Workdonated to, or otherwise furnished by, the Owner. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, costs, overhead, and profit. and shall include the Construction Manager’s general conditions Architectof the Project designed or specified by the all elements to construct purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner For 6.1 § WORK THE OF COST 6 ARTICLE .en rightsor enforce li ,information as necessary and relevant for the Architect to evaluate, give notice ofWithin 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested 6.15 § progress.herever it is in preparation or wto provide the Architect access to the Work Construction Managerobligate the and shall Work commencement of the access to the Project site prior toArchitect provide the shall Owner The 51.5 § .Conditions of the Contract for Constructionng the General , includiConstruction Managerthe Architect a copy of the executed agreement between the Owner and The Owner shall provide services set forth in this Agreement. Architect’s with the Owner and the Construction ManagerAgreement between the in the set forth responsibilities Architect’s duties and he Owner shall coordinate the T 45.1 § 17 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 456 Contract for Construction. The Owner or the Architect, as appropriate, shall require of the Construction Manager, 7, General Conditions of the 120–f such insurance as set forth in AIA Document A201may have to the proceeds oother and against the contractors, consultants, agents and employees of the other for damages, except such rights as they the extent damages are covered by property insurance, the Owner and Architect waive all rights against each 8.1.2 § .and causes of action not commenced in accordance with this Section 8.1.1not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims , but in any case .e lawwithin the period specified by applicabland selected in this Agreement method dispute resolutionin accordance with the requirements of the binding , whether in contract, tort, or otherwise,related to this Agreementarising out of or against the other Owner and Architect shall commence all claims and causes of actionThe 8.1.1 § General 8.1 § DISPUTES AND 8 ARTICLE .AgreementExcept as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this 57. § s consultants.’s sole risk and without liability to the Architect and the Architect’Service shall be at the OwnerAny unauthorized use of the Instruments of en agreement of the Architect.herein to another party without the prior writtlicense granted this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under 7.4 § nt for cause under Section 9.4.AgreemeThe terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this .Service under this Section 7.3.1s use of the Instruments of ’to the extent such costs and expenses arise from the Owner by any third person or entityasserted claims and causes of actionrelated to its consultants from all costs and expenses, including the cost of defense, indemnify and hold harmless the Architect and further agrees to , to the extent permitted by law, such uses. The Ownerof action arising from causes from all claims ands consultant(s) ’and Architectthe Owner releases the Architect Service, the Instruments of s of uthorawithout retaining the Instruments of ServiceIn the event the Owner uses the 7.3.1 § governed by Section 9.9.Service shall be f exclusive license to use the Instruments o-In the event of termination, the Owner’s non.terminaterightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall If the Architect .the Project use in performing services or construction for and exclusively solely to Section 1.3,, subject to any protocols established pursuant contractors, to reproduce applicable portions of the Instruments of Services consultants and separate ’ell as the Ownersuppliers, as wand , subcontractors-, Subcontractors, SubManagerConstruction to authorize the The license granted under this section permits the Owner consistent with this Agreement.s consultants ’ll obtain similar nonexclusive licenses from the ArchitectThe Architect sha. Article 9 and Article 11, pursuant to , including prompt payment of all sums dueunder this Agreement obligations substantially performs itsthe Project, provided that the Owner , altering and adding tomaintaining ,of constructing, using purposes exclusively forsolely and s Instruments of Service ’the Architect he Architect grants to the Owner a nonexclusive license to T 7.3 § s consultants.’the reserved rights of the Architect and the Architectonstrued as publication in derogation of requirements or for similar purposes in connection with the Project is not to be creserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory and shall retain all common law, statutory and other ,Instruments of Service, including the Drawings and Specificationss consultants shall be deemed the authors and owners of their respective ’The Architect and the Architect 7.2 § such information for its use on the Project.pyright owner to transmit transmitting party is the copyright owner of such information or has permission from the coArchitect and the Owner warrant that in transmitting Instruments of Service, or any other information, the The 7.1 § LICENSES AND COPYRIGHTS 7 ARTICLE .equipment, or the kinds and quality of materials, finishes or ssystembudget for the Cost of the Work, except when the excess is due to changes initiated by the Architect in scope, basic s ’d the Ownerthat excee or Control Estimate ,Guaranteed Maximum Price proposalthe ,subsequent cost estimates the Construction Manager’s required revisions to the Drawings, Specifications or other documents necessitated by Section 6.6, the Architect shall, as an Additional Service, make any After incorporation of modifications under 76. § 18 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 457 mediation ,to, but not resolved bydispute or other matter in question arising out of or related to this Agreement subject ny claim, in this Agreement, a the parties have selected arbitration as the method for binding dispute resolution .18.3 § Arbitration 38. § .jurisdictioncompetent to a binding dispute resolution method other than litigation, the dispute will be resolved in a court ofIf the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing « » (Specify)Other: \] « »\[ in Olmstead County, Minnesota Litigation in a court of competent jurisdiction \] » X« \[ Arbitration pursuant to Section 8.3 of this Agreement \] « »\[ box.)(Check the appropriate dispute resolution shall be the following:8.2, the method of binding through mediation pursuant to this Section resolve a disputeIf the parties do not 3 48.2. § enforceable as settlement agreements in any court having jurisdiction thereof.another location is mutually agreed upon. Agreements reached in mediation shall be where the Project is located, unlessequally. The mediation shall be held in the place and any filing fees s fee ’The parties shall share the mediator 32.8.2 § .schedule for later proceedingsand agree upon a ection, the parties may nonetheless proceed to the selection of the arbitrator(s)sstayed pursuant to this proceeding of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration iod of 60 days from the date binding dispute resolution proceedings, which shall be stayed pending mediation for a perdemand for binding dispute resolution but, in such event, mediation shall proceed in advance of other appropriate complaint or made concurrently with the filing of a person or entity administering the mediation. The request may be, and filed with the Agreement isA request for mediation shall be made in writing, delivered to the other party to thAgreement. ision Industry Mediation Procedures in effect on the date of thConstruct Association in accordance with shall be administered by the American Arbitration which, unless the parties mutually agree otherwise, ,by mediationclaims, disputes and other matters in question between them Architect shall endeavor to resolveOwner and The .28.2 § any dispositive motions or trial. is not a condition precedent to commencing litigation, but if litigation is commenced, the parties agree to mediate before Mediation .binding dispute resolutionthe matter by mediation or by lien notice or filing deadlines prior to resolution ofs services, the Architect may proceed in accordance with applicable law to comply with the ’arising out of the ArchitectIf such matter relates to or is the subject of a lien . binding dispute resolutionas a condition precedent to mediation or other matter in question arising out of or related to this Agreement shall be subject to ,Any claim, dispute .18.2 § Mediation 8.2 § termination of this Agreement, except as specifically provided in Section 9.7. s’due to either partyout of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages or other matters in question arising ,The Architect and Owner waive consequential damages for claims, disputes 4.8.1 § .available proceeds of the insurance coverage required by this Agreement include a duty to defend. The Architect’s duty to indemnify the Owner under this Section 8.1.3 shall be limited to the and the Owner’s officers and employees harmless does not Architect’s obligation to indemnify and hold the Owner The the Architect, its employees and its consultants in the performance of professional services under this Agreement. law, but only to the extent they are caused by the negligent acts or omissions of expenses recoverable under applicable against damages, losses and judgments arising from claims by third parties, including reasonable attorneys’ fees and Architect shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and The 38.1. § .hereinsimilar waivers in favor of the other parties enumerated ,emcontractors, consultants, agents and employees of any of th 19 (1332114037) User Notes: .docinfo@aiacontracts.com mail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 458 written notice. ’, the Architect may terminate this Agreement by giving not less than seven daysArchitectfor reasons other than the fault of the days cumulativeProject for more than Owner suspends the If the 9.3 § schedules shall be equitably adjusted.s fees for the remaining services and the time ’s services. The Architect’interruption and resumption of the Architectbe compensated for expenses incurred in the such suspension. When the Project is resumed, the Architect shall , the Architect shall be compensated for services performed prior to notice of suspends the Project If the Owner 9.2 § .schedules shall be equitably adjustedremaining services and the time s fees for the ’s services. The Architect’interruption and resumption of the Architectprior to suspension and any expenses incurred in the that are not the subject of a good faith dispute all sums Architect Owner shall pay the esuming services, the caused the Owner because of such suspension of services. Before rservices. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage written notice to the Owner before suspending ’hall give seven daysArchitect elects to suspend services, the Architect ss option, cause for suspension of performance of services under this Agreement. If the ’termination or, at the Architectreement, such failure shall be considered substantial nonperformance and cause for Architect in accordance with this Agthe Owner fails to make payments to the Except for amounts that are the subject of a good faith dispute, if 9.1 § SUSPENSION OR TERMINATION 9 ARTICLE .this Article 8 shall survive the termination of this AgreementThe provisions of 34 8. § under this Agreement. ArchitectSection 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and grant to any person or entity made a party to an arbitration conducted under this ArchitectThe Owner and 8.3.4.3 § in the written consent.person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described inder. Consent to arbitration involving an additional that the party sought to be joined consents in writing to such jowhose presence is required if complete relief is to be accorded in arbitration, provided law or factcommon question of may include by joinder persons or entities substantially involved in a , at its sole discretion, partyEither 4.28.3. § arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).of law or fact; and (3) the questionsarbitrations to be consolidated substantially involve common consolidation; (2) theother arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any .148.3. § Joinder or Consolidation 48.3. § rt having jurisdiction thereof.applicable law in any coushall be final, and judgment may be entered upon it in accordance with )s(The award rendered by the arbitrator 3.38. § .court having jurisdiction thereofshall be specifically enforceable in accordance with applicable law in any ,consented to by parties to this Agreementand other agreements to arbitrate with an additional person or entity duly ,foregoing agreement to arbitrate 8.3.2 § ., dispute or other matter in questionlaimcequitable proceedings based on the the institution of legal orshall constitute by the person or entity administering the arbitration arbitrationfor purposes, receipt of a written demandFor statute of limitations matter in question would be barred by the applicable statute of limitations.other dispute or claim, based institution of legal or equitable proceedings the be made after the date when no event shall in A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, 1.1.8.3 § .person or entity administering the arbitration with theand filed his Agreement, for arbitration shall be made in writing, delivered to the other party to tA demand Agreement. isn the date of thConstruction Industry Arbitration Rules in effect oin accordance with its Arbitration Association the American administered by shall be , unless the parties mutually agree otherwise, which ,shall be subject to arbitration 20 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 459 .Architect by the Owner prior to the assignment the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written assigns, and legal Owner and Architect, respectively, bind themselves, their agents, successors, The 310. § .2017 shall mean the Construction Manager–as used in A201 except as modified in this Agreement. The term “Contractor” as modifi or Construction,the Contract fConditions of , General 2017–AIA Document A201he same meaning as those in in this Agreement shall have tTerms 10.2 § . Section Federal Arbitration Act shall governthe parties have selected arbitration as the method of binding dispute resolution, the jurisdiction’s choice of law rules. If excluding that , Agreement shall be governed by the law of the place where the Project is locatedThis 10.1 § PROVISIONS ISCELLANEOUSM 10 ARTICLE ..7and Section 9 Agreement are set forth in Article 7s Instruments of Service in the event of a termination of this ’s rights to use the Architect’OwnerThe .requested copiesrelated to providing s consultants for their reasonable copying and clerical expensesreimburse the Architect and itcopies of their Instruments of Service, documents, data, and records relating to the Project, and the Owner shall of this section. Upon request, the Architect and its consultants shall promptly furnish the Owner with legible terms Architect’s contracts with its consultants shall incorporate provisions whereby its consultants agree to be bound by the were in on the date of Termination, for the limited purpose of completing, maintaining, and operating the Project. The ition they and its consultant’s, Instruments of Service, documents, data, and records relating to the Project, in the condexclusive license to use the Architect’s, -dispute, the Owner and its designated agents and consultants, shall have a nonsubject of a good faith In the event of Termination, and upon payment to the Architect of all sums that are not the 9.9 § .Substantial Completiondate of Except as otherwise expressly provided herein, this Agreement shall terminate one year from the 9.8 § « » Service:Licensing Fee if the Owner intends to continue using the Architect’s Instruments of .2 « » :Termination Fee .1 licensing fee.)(Set forth below the amount of any termination or licensing fee, or the method for determining any termination or wing fees:Architect the follopursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience 9.7 § .the costs attributable to the Architect’s termination of consultant agreements, including costs attributable to terminationreasonable, substantiated Reimbursable Expenses incurred, and termination, for services performed prior to ompensate the Architect this Agreement pursuant to Section 9.3, the Owner shall cIf the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates 9.6 § s convenience and without cause.’Ownerwritten notice to the Architect for the ’The Owner may terminate this Agreement upon not less than seven days 9.5 § termination.substantial ly to perform in accordance with the terms of this Agreement through no fault of the party initiating the ice should the other party fail written not ’Either party may terminate this Agreement upon not less than seven days 9.4 § 21 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 460 ired by the terms of this contract.Owner, except as requArchitect does not have a duty to provide access to public data to the public if the public data is available from the quirements as if it were a government entity. The remedies in Minnesota Statutes, Section 13.08 apply to Architect. re Government Data Practices Act (“MGDPA”), Minnesota Statutes, Chapter 13, and Architect must comply with those maintained, or disseminated by Architect in performing this contract is subject to the requirements of the Minnesota d, received, stored, used, Pursuant to Minnesota Statutes, Section 13.05, subd. 11, all of the data created, collecte Data Practices 10.11 § for a minimum of six (6) years after final payment. the state auditor for a minimum of six (6) years. Architect shall maintain such records examination by the Owner andaccounting procedures and practices of Architect, that are relevant to the Contract or transaction, are subject to Pursuant to Minnesota Statutes, Section 16C.05, subd. 5, Architect agrees that the books, records, documents and Availability and Retention—Record Keeping 10.10 § .xecuting the Agreementpurposes in e Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the e, then If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceablinvalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. 910. § .10.8 in this Sectionsubject to the restrictions on the disclosure and use of such information as set forth services or work solely and exclusively for the Project, provided those employees, consultants and contractors are yees, consultants, or contractors in order to perform receiving party may also disclose such information to its emploor to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The orm of compulsory legal process issued by a court or governmental entity, or court order, including a subpoena or other f arbitrator’s order, including but not limited to the MGDPA, or when required by an other party, when required by law,disclose "confidential" or "business proprietary" information after 7 days’ notice to the receiving party mayThe .110.8 § .This Section 10.8 shall survive the termination of this Agreementas set forth in Section 10.8.1. such information strictly confidential and shall not disclose it to any other person exceptthe receiving party shall keep ”business proprietary,“ ”confidential“receives information specifically designated as the Architect or Owner .Data Practices Act (“MGDPA”), Minnesota Statutes, Chapter 13 the Minnesota Government All data applicable to this Agreement, including data regarded as trade secret by Architect, shall be governed by 10.8 § .this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4ermination of This Section 10.7 shall survive the t s promotional materials for the Project.’the Architect in the Ownerinformation considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for tect in writing of the specific confidential or proprietary information if the Owner has previously advised the Archis ’s materials shall not include the Owner’completed Project to make such representations. However, the Architectls. The Architect shall be given reasonable access to the s promotional and professional materia’among the ArchitectArchitect shall have the right to include photographic or artistic representations of the design of the Project The 710. § form at the Project site.hazardous materials or toxic substances in any ,or exposure of persons to ,presence, handling, removal or disposal ofshall have no responsibility for the discovery, Architect in this Agreement, the requiredUnless otherwise 610. § .wner or Architecta third party against either the O ,or a cause of action in favor of ,contained in this Agreement shall create a contractual relationship withNothing 510. § or responsibilities beyond the scope of this Agreement. ,would require knowledge, servicesthat sor consent The Architect shall not be required to execute certificates review at least 14 days prior to execution.submitted to the Architect for the proposed consent is such consents that are consistent with this Agreement, provided tect shall execute all he ArchiArchitect to execute consents reasonably required to facilitate assignment to a lender, tIf the Owner requests the submitted to the Architect for review at least 14 days prior to the requested dates of execution. uage of such certificates shall be f the Owner requests the Architect to execute certificates, the proposed langI 410. § 22 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 461 :shall be as followsof services compensation for each phase a percentage basis, the proportion of compensation for Basic Services is based on a stipulated sum or n 511. § « » Servicescompensation for Supplemental or Additional Insert amount of, or basis for computing, Architect’s consultants’ ( :followsor as ,%) « » ( percent « » plus11.2 or 11.3, shall be the amount invoiced to the Architect sSections consultants when not included in ’Additional Services of the ArchitectSupplemental and for Compensation 11.4 § « » compensation.) ,basis foramount of, or nsert :as followse the Architect compensatOwner shall the , 2e during the course of the Project, including those under Section 4.that may aris Additional ServicesFor 11.3 § « » compensation apply.)If necessary, list specific services to which particular methods of f, or basis for, compensation. (Insert amount o :as followse the Architect compensatthe Owner shall required pursuant to Section 4.1.3, ices the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Serv For 11.2 § « » (Describe the method of compensation) Other .3 11.6.calculated in accordance with Section the Owner’s budget for the Cost of the Work, as) % of « »( « » (Insert percentage value) Percentage Basis .2 « » (Insert amount) Stipulated Sum .1 follows:the Architect as 3, the Owner shall compensate s Basic Services described under Article’the Architect 11.1 § \[WME4\]COMPENSATION 11 E four percent (4%) per annum., provided however that the interest rate for payment due but unpaid shall be (“Prompt Payment Act”) Section 471.425to the Architect shall be governed by the Prompt Payment of Local Government Bills, Minnesota Statutes All payments Prompt Payment of Local Government Bills, Minn. Stat. § 471.425 10.13 § contract.Section 181.59, that prohibits certain discriminatory practices and the terms of said section are incorporated into this the provisions of Minnesota Statutes, civil rights commission, disability or age. The Architect agrees to be bound by origin, sex, sexual orientation, marital status, status with regard to public assistance, membership or activity in a local ard to their race, color, creed, religion, national selected, and that employees are treated during employment, without regPursuant to Minnesota Statutes, Section 181.59, the Architect will take affirmative action to ensure that applicants are Discrimination-Non 10.12 § 23 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 462 related expenditures.-ther similar ProjectO 2.1 to achieve the Sustainable Objective; andany other fees charged by the Certifying Authority or by other entities as necessary Registration fees a 1.1 ;e office expensesitS .10 expenses;ll taxes levied on professional services and on reimbursable A .9 ;consultants by the Architect’s maintainedadditional insurance coverage or limits in excess of that normally urance dedicated exclusively to this Project, or the expense of of professional liability ins expenses If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ .8 ;or required for the Project by the Ownerups, professional photography, and presentation materials requested -mockmodels, physical enderings, R .7 Owner;by the in writing if authorized in advance ,xpense of overtime work requiring higher than regular ratesE .6 and delivery; ,ostage, handlingP .5 standard form documents;and rinting, reproductions, plots, P .4 ;ctauthorities having jurisdiction over the Proje Permitting and other fees required by .3 and extranets;eb sites, wong distance services, dedicated data and communication services, teleconferences, Project L .2 town travel and subsistence;-of-authorized outransportation and T .1 :directly related to the Project, as follows s consultants’Architectthe Architect and include expenses incurred by the and Additional Services and , Supplemental,Expenses are in addition to compensation for BasicReimbursable .1811. § Expenses Reimbursable orf Compensation 11.8 § Rate Employee or Category « » (If applicable, attach an exhibit of hourly billing rates or insert them below.) .normal review practices the Architect’s and Architect’s consultants’ e with shall be adjusted in accordancbelow. The rates set forth are s consultants’Architect and the Architectrates for services of the billing hourly The 711. § performed whether or not the Construction Phase is commenced.with this Agreement for all services The Architect shall be entitled to compensation in accordancethose portions. constructed, compensation for those portions of the Project shall be payable to the extent services are performed on and any portions of the Project are deleted or otherwise not basisis on a percentage When compensation 6.111. § .for the Cost of the Work udget subsequent updates to the Owner’s b budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on hall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent Basic Services sidentified in Section 11.1 is on a percentage basis, progress payments for each phase of compensation When 611. § each Phase of Services, as appropriate.chitect shall be permitted to invoice monthly in proportion to services performed in Therefore, the Ar simultaneously.onstructor project delivery method, the Architect may be providing its services in multiple Phases cManager as The Owner acknowledges that with an accelerated Project delivery, multiple bid package process, or Construction %) 100 percent ( one hundred Total Basic Compensation %) « » percent ( « » Construction Phase %) « » percent ( « » Construction Documents Phase %) « » percent ( « » Design Development Phase %) « » percent ( « » haseSchematic Design P 24 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 463 , as modifiedManager as Constructor Edition, Standard Form Agreement Between Owner and Architect, Construction 9–Document B133™AIA .1 below: identifiedThis Agreement is comprised of the following documents .213 § .Owner and Architectthe only by written instrument signed by both amended supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may beAgreement represents the entire and integrated agreement between the Owner and the Architect and This 13.1 § AGREEMENT THE OF SCOPE 13 ARTICLE « » (Include other terms and conditions applicable to this Agreement.) Special terms and conditions that modify this Agreement are as follows: CONDITIONS AND TERMS SPECIAL 12 ARTICLE may be independently audited.expenses in such a form that they Architect shall keep and maintain accurate documentation of all claimed reimbursableThe .services performed on the basis of hourly rates shall be available to the Owner at mutually convenient timesAdditional Services, and Supplemental and s pertaining to of Reimbursable Expenses, expenseRecords 2.311.10. § the Prompt Payment Act.Owner’s right, if any, to offset sums due the Architect shall be governed by applicable law, including but not limited to The .amounts in a binding dispute resolution proceedingunless the Architect agrees or has been found liable for the ,, or to offset sums requested by or paid to contractors for the cost of changes in the Workdamages on the Architectpenalty or liquidated to impose a s compensation ’amounts from the ArchitectThe Owner shall not withhold 2.211.10. § » per annum« % » 4« (Insert rate of monthly or annual interest agreed upon.) prevailing from time to time at the principal place of business of the Architect.below, or in the absence thereof at the legal rate ar interest at the rate entereddays after the invoice date shall be) » 35« ( » five-thirty« Amounts unpaid s invoice.’Payments are due and payable upon presentation of the Architect for services shall be made monthly in proportion to services performed.Unless otherwise agreed, payments .1 § 11.10.2 Progress Payments § Authority shall be credited to the Owner’s account at the time the expense is incurred.sary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority and neces) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying « » ($ »If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of 11.10.1.2 § .final invoice in thes account ’payment under this Agreement. It shall be credited to the Ownershall be made upon execution of this Agreement and is the minimum ) « » ($ « »An initial payment of .1.111.10 § Payments § Architect het ot Payments 11.10 § « » , and for which the Owner shall reimburse the Architect6Section 2.Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in ( :es as set forth belowArchitect for the additional coveraglimits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the the types and limits of coverage required in Section 2.6 are in addition to the types and Insurance. 11.9 Architect’s § .up-expenses incurred without any markthe Architect shall be reimbursed for actual the expenses incurred %) « » percent ( « » pluss consultants ’ArchitectArchitect and the incurred by the expensesthe compensation shall be the For Reimbursable Expenses 11.8.2 § 25 (1332114037) User Notes: .docinfo@aiacontracts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document 464 ), and license number, if requiredtitle(Printed name (Printed name and title) « »« » »« » (Signature)ARCHITECT (Signature) OWNER This Agreement entered into as of the day and year first written above. « » (List other documents, if any, forming part of the Agreement.) :\[WME5\]Other documents .4 « » exhibits in Section 4.1.2and scopes of services identified as identify any other exhibits incorporated into this Agreement, including any exhibits (Clearly Other Exhibits incorporated into this Agreement: \] « »\[ « » )2019 incorporated into this agreement.-the E234 Insert the date of( as indicated below. dated Constructor EditionConstruction Manager as , Sustainable Projects Exhibit, 9–4™3Document E2AIA \] « »\[ (Check the appropriate box for any exhibits incorporated into this Agreement.) Exhibits: .3 « » )2013 incorporated into this agreement.-(Insert the date of the E203 :indicated below, if completed, or the following2013, Building Information Modeling and Digital Data Exhibit, dated as –Document E203™AIA .2 26 (1332114037) User Notes: .docinfo@aiacontrac ts.commail -violations, e Terms of Service. To report copyright ®use only, and may only be used in accordance with the AIA Contract Documentstime -is licensed for one sale,produced at 13:49:34 ET on 04/09/2024 under Order No.2114515846 which expires on 04/02/2025, is not for rewas This draft Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects.“The American Institute of Architects,” “American Institute of 2019. Copyright © 2014, and 2019. All rights reserved. – B133 AIA Document Minn. Stat. § 471.463 465 1.ytirohtuA .2 .dbuS.tcejorp eritne eht ton tub ,tcejorp ehtfo snoitrop cificeps sevlovni srotcartnoc edart yb demrofrep kroW .noitcurtsnoc fo snaemeht fo stnenopmoc rojam era ro tcejorp detelpmoc eht otni detaroprocni era taht srodnevro srotcartnoc yb dehsinruf tnempiuqe ro ,slairetam ,robal snaem "krow tcartnoc edarT" )l(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoc a rof snoitacifilauqgniticilos noitacilbup ro tnemucod eht snaem "snoitacifilauq rof tseuqeR" )k(.noitces siht ni dedivorp sa tcartnoc ksir ta reganam noitcurtsnoca rof slasoporp gniticilos noitacilbup ro tnemucod eht snaem "slasoporp rof tseuqeR" )j(.ytilapicinum a rof ro yb ,egdirb ro ,yawhgih ,daor ,teerts a tpecxe ,tnemevorpmi rehtoro ,erutcurts ,gnidliub a egralne ro ,retla ,tcurtsnoc ot gnikatrednu na snaem "tcejorP" )i(.ytitnelagel rehto ro ,noitaicossa ,pihsrentrap ,noitaroproc ,laudividni na snaem "nosreP" )h(.sthgir lagel s'nosrepa fo noitressa ro esicrexe eht edulcni ton seod "ecneirepxe" ro "ecnamrofrep tsaP" )g(.1 noisividbus ,543.174 noitces rednu nevig gninaem eht sah "ytilapicinuM" )f(.tcartnoc eht ni ecirp mumixam deetnaraug eht deecxe tontsum hcihw fo mus eht ,tiforp dna daehrevo rof tnuoma na sulp tcartnoc eht ni deificepskrow eht mrofrep ot tsoc lautca eht fo sisab eht no diap si rotcartnocbus ro reganamnoitcurtsnoc a hcihw rednu tcartnoc a snaem "tcartnoc ecirp mumixam deetnarauG" )e(.krow fo epocs denifed a mrofrep ot tcartnoc a ot tnausrup diap si ksir ta reganamnoitcurtsnoc a taht tnuoma mumixam eht snaem "ecirp mumixam deetnarauG" )d(.demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs noitcurtsnoc ,ecirp mumixam deetnarauga edulcni llahs hcihw ,ytilapicinum a dna ksir ta reganam noitcurtsnoc a neewtebtcejorp a fo noitcurtsnoc rof tcartnoc a snaem "tcartnoc ksir ta reganam noitcurtsnoC" )c(.noitces siht ni serudecorp eht ot gnidrocca demrofrepnoitcurtsnoc eht fo pihsnamkrow dna ,eludehcs ,ecirp eht rof ytilibisnopser ot detimilton tub gnidulcni ,ssecorp noitcurtsnoc eht eganam ot reganam noitcurtsnoc a sa tcaot ytilapicinum a yb detceles si ohw nosrep a snaem "ksir ta reganam noitcurtsnoC" )b(.nevig sgninaem eht evah noisividbus siht ni smret eht ,noitces siht fo sesoprup roF )a(.snoitinifeD .1 noisividbuS T RISKSection 471.463 - CONSTRUCTION MANAGER A S 466 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4632.noitces siht ni debircsed airetirc noitceles eht no desab tcartnocksir ta reganam noitcurtsnoc a drawa dna yreviled tcejorp fo dohtem ksir ta reganamnoitcurtsnoc a esu yam ytilapicinum a ,yrartnoc eht ot wal rehto yna gnidnatshtiwtoN.3 noisividbus ni dedivorp sa ,snoitacifilauq rof tseuqera fo tnetnoc etairporppa eht gninimreted rof serudecorp hsilbatse llahs ytilapicinum a )2(dna ;esitrepxe yrtsudni noitcurtsnoc sah mohw fo eno tsael ta ,snosrepeerht fo muminim a fo desopmoc eettimmoc noitceles a etaerc llahs ytilapicinuma ,tcejorp a rof ksir ta reganam noitcurtsnoc a ezilitu ot gninimreted nopu )1(:ylppa gniwollof eht ,ssecorp noitceles ksir ta reganam noitcurtsnoc a nI )a(.ssecorp noitceles ksir ta reganam noitcurtsnoC .4 .dbuS.ytilapicinumeht yb detangised rennam a ni desitrevda eb tsum snoitacifilauq rof stseuqer fo ecitoN )d(.secivres s'resoporp eht rof tsoc eht edulcniresoporp eht taht tnemeriuqer a edulcni yam airetirc snoitacifilauq rof tseuqer ehT )c(.ksir ta reganamnoitcurtsnoc eht fo sutats gniniagrab evitcelloc eht redisnoc ton tsum airetirc ehT .ksirta sreganam noitcurtsnoc fo noitapicitrap mumixam erusne ot stnemeriuqer elbanosaerdnoyeb snoitidnoc yrassecennu esopmi ton tsum airetirc snoitacifilauq rof tseuqer ehT )b(.sdrocer cilbup ot secnerefer ro,shpargotohp ,seiduts latnemnorivne ,serutcurts gnitsixe fo sledom ro sgniward ,stroperlios ,syevrus gnidulcni ,lairetam si senimreted ytilapicinum eht taht ytilapicinum a folortnoc ro noissessop eht ni noitamrofni rehto yna fo noitacol dna noitacifitnedi eht )7(dna ;sdnobtnemyap dna ecnamrofrep deriuqer ylirotutats dna ecnarusni rof stnemeriuqer eht )6(;tcejorp eht rof stimil tegdub elbacilppa yna )5(;tcejorp eht fo noitelpmoc dna tnemecnemmoc rof eludehcs eht )4(;ksir ta reganam noitcurtsnoc eht fo snoitacifilauq derised eht )3(;tcartnoc eht rof snoitidnoc dna smret desoporp eht )2(;noitces sihtfo stnemeriuqer eht ot ecnerefer a gnidulcni ,dohtem noitaulave ffo-edart ro gnirocs agniylppa ,rennam evitcejbo dna ,evititepmoc ,nepo na ni sdrawa gnikam rof serudecorpeht dna ,airetircbus dna airetirc hcae rof thgiew evitaler eht dna snoitacifilauq ehtgnitaulave rof airetircbus dna airetirc eht ,snoitacifilauq gnittimbus rof serudecorp )1(:stnemele gniwollof eht ,muminima ta ,niatnoc tsum snoitacifilauq rof tseuqer ehT .noitces siht ni dedivorp sa tcartnocksir ta reganam noitcurtsnoc hcae rof deraperp eb tsum snoitacifilauq rof tseuqer A )a(.snoitacifilauq fo noitaticiloS .3 .dbu (467 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4633 ssenisuB degatnavdasiD ro esirpretnE ssenisuB llamS ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac gnidulcni ,rotcurtsnoc a sa ecneirepxe s'mrif eht ot detimil tonsi tub edulcni yam ,ytilapicinum eht yb devorppa ,airetirc noitceles eht hcihw ni ssecorpnoitacifilauqerp evitcejbo dna ,evititepmoc ,nepo na no desab eb tsum smrif deifilauqfo tsil ehT .krow cificeps eht rof smrif deifilauq hcus fo ytilibaliava ot tcejbus ,htobro ,smrif esirpretnE ssenisuB degatnavdasiD ,smrif esirpretnE ssenisuB llamS deifilauqot detimil eb yam smrif deifilauq fo tsil ehT .smrif deifilauq fo tsil a morf tcejorpeht rof krow tcartnoc edart lla dib ylevititepmoc llahs ksir ta reganam noitcurtsnoc ehT )b(.slasoporp lla stcejer ytilapicinum eht ro resoporp a htiw dehcaersi tnemeerga na litnu seunitnoc ssecorp noitaitogen ehT .resoporp deknar tsehgih txen ehthtiw snoitaitogen nigeb yam ytilapicinum eht ,resoporp deknar tsehgih eht htiw dehcaereb tonnac tnemeerga na fI .tcartnoc eht fo smret dna tsoc eht no tnemeerga na hcaerot resoporp deknar tsehgih eht htiw snoitaitogen tcartnoc tcudnoc llahs ytilapicinum A )a(.tcartnoc ksir ta reganam noitcurtsnoC .5 .dbuS.slasoporp rof tseuqer ehtni debircsed eb tsum dohtem noitaulave ffo-edart ro gnirocs ehT .dohtem noitaulave ffo-edart ro gnirocs a gniylppa yb sresoporp eht knar llahs dna ,resoporp rehtona ot lasoporpeno ni deniatnoc noitamrofni laitnedifnoc ro yrateirporp yna esolcsid ton llahs tubsresoporp detsil-trohs eht htiw sweivretni lamrof tcudnoc yam eettimmoc noitceles ehT )f(.sresoporp detsil-trohs eht morf derised sanoitamrofni rehto dna tsoc gniriuqer slasoporp rof tseuqer a eussi llahs ytilapicinum A )e(.sresoporp evif ot owt fo tsil trohsa etaerc dna resoporp hcae fo noitacifilauq eht weiver llahs eettimmoc noitceles ehT )d(.slasoporp lla tcejer )4(ro ;dohtem tnemerucorp dewolla rehtona tceles )3(;snoitacifilauq rof tseuqerdesiver eht gnisu slasoporp wen ticilos neht dna snoitacifilauq rof tseuqer eht esiver )2(;slasoporp wen ticilos )1(:yam ytilapicinumeht ro sreganam noitcurtsnoc morf slasoporp owt tsael ta eviecer tsum ytilapicinum A )c(.snoitacifilauq rof tseuqer eht ot esnopser niresoporp eht yb dettimbus stcaf etairporppa rehto dna ,elacol tcejorp eht htiw ytirailimafdna ot ytilibaliava ,wal laredef dna etats htiw ecnailpmoc dna drocer ytefas ,seeyolpmesti dna mrif eht fo ecnamrofrep tsap ,mrofrep ot ytilibapac ,ecnetepmoc lacinhcet,lennosrep yek fo yticapac ot detimil ton tub gnidulcni ,ksir ta reganam noitcurtsnoca sa resoporp a fo ecneirepxe eht etaulave llahs eettimmoc noitceles eht ,snoitacifilauqrof tseuqer eht ni htrof tes serudecorp dna airetirc eht htiw ecnadrocca nI )b E 468 Section 471.463 - CONSTRUCTION MANAGER AT RISK Minn. Stat. § 471.4634.3202/1/7 .ffe ,51-3 s,26 .hc ,swaL .nniM 3202 yb deddA Minn. Stat. § 471.463.tcejorp eht rof tcartnoc ecirp mumixamdeetnaraug a otni retne llahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT )c(.noisiced noitceles ro sdib eht fo weivers'ytilapicinum eht ni etapicitrap ton seod ksir ta reganam noitcurtsnoc eht fi krow tcartnocedart rof sdib timbus osla yam ksir ta reganam noitcurtsnoc eht ,tseuqer nopu ,lavorppas'ytilapicinum eht htiW .smrif deifilauq fo tsil eht fo noitisopmoc eht enimreted yltniojllahs ytilapicinum eht dna ksir ta reganam noitcurtsnoc ehT .ytilapicinum eht dna ksir tareganam noitcurtsnoc eht yb denifed sa snoitaredisnoc rehto dna ,noitacifitrec esirpretn M 469 gniniamer?eht?etelpmoc?ot?lasoporp?a?dedivorp?sah?HES?.tcejorp?siht?no?krow?deunitnoc?ot?eulavtseb?eht?sedivorp?hcihw?,stiderc?gniniamer?eht?fo?esaeler?ot?roirp?dedeen?gnirotinom?dna?stnemucod? ehthtiw?railimaf?si?dna?4102?ecnis?tcejorp?noitaerc?dnaltew?eht?no?skroW?cilbuP?htiw?gnikrow?neeb?sah?HES.esu?rof?elbaliava?emoceb?yeht?erofeb?deriuqer?si?gnitroper?dna?gnirotinom?lanoitidda?tub?,eta derutuf?a?ta?desaeler?eb?nac?stiderc?06?lanoitidda?nA?.gnirps?siht?esu?rof?desaeler?eb?lliw?stiderc?62.22setapicitna?skroW?cilbuP?.desaeler?neeb?evah?stiderc?lanoitidda?on?dna?yrd?ylemertxe?erew?esae ler?tiderctsrif?eht?gniwollof?sraey?ehT?.tcejorp?eht?rof?desaeler?erew?)46.41(?stiderc?tsrif?eht?,1202?,12?yaM?nO.dnuflortnoc?doolf?eht?ot?kcab?egrahc?erca?rep?a?yap?lliw?stiderc?eht?fo?sresu?dna?stc ejorP?tnemevorpmI?cilbuPno?desu?eb?ylno?lliw?stiderc?dnalteW?.seicnega?laredef?dna?etats?ot?gnitroper?dna?gnirotinom?gniognoseriuqer?stiderc?dnaltew?eht?fo?ecnaussi?dna?lavorppa?ehT?.stiderc?tnemecal per?dnaltew?fo?serca?001fo?laitnetop?a?rof?etadidnac?a?sa?deifitnedi?saw?riovreseR?4-RW?fo?htuos?aera?ehT?.detrats?saw?tcejorpsiht?emit?eht?ta?elbaliava?stiderc?on?erew?erehT?.stcapmi?dnaltew?fo?erca ?1?yreve?rof?serca?2?fo?etar?a?tadesahcrup?era?taht?sdnaltew?tnemecalper?era?stiderC?.ytnuoC?detsmlO?nihtiw?ro/dna?dehsretaw?lacol?ehtnihtiw?rucco?tsum?stiderc?dnaltew?fo?esahcrup?ro?sdnaltew?detcapm i?fo?tnemecalpeR?.sdnaltew?gnitsixeot?rucco?taht?stcapmi?era?ereht?,stcejorp?erutcurtsarfni?cilbup?gnitcurtsnoc?htiw?drawrof?sevom?ytiC?eht?sA?.ecnis?esahp?gnirotinom?dna?ecnanetniama?ni?neeb?sah?tce jorp?eht?dna?,9102?fo?rebmeceD?ni?detelpmoc?saw?tcejorp?noitcurtsnoc?dnaltewehT?.detelpmoc?eb?ot?deifitrec?era?sdnaltew?eht?litnu?RSWB?eht?ot?tnes?eb?tsum?stroper?gnirotinomdnaltew?ylraey?,lavorppa?e ht?fo?trap?sA?.sdnaltew?gnitaluger?seicnega?eht?sa?,sreenignE?fo?sproCymrA?setatS?detinU?eht?dna?)RSWB(?secruoseR?lioS?dna?retaW?fo?draoB?eht?morf?slavorppa?gniniatbodedulcni?epocs?s'HES?.sdnaltew?tc apmi?taht?stcejorp?tnemevorpmi?cilbup?rof?etis?nevahemaG?ehtta?tcejorp?knab?dnaltew?a?ngised?ot?4102?rebmeceD?ni?derih?saw?)HES(?.cnI?,noskcirdneH?ttoillE?trohS:evitarraN?tropeR.9684J.oN?tcejorP?-?gn 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72ES EVA 91ES EVA 0 L 508 81 4202/11/1 :detadpU tsaL laeS pihC rotcartnoC 4202 tcartnoC - laeS pihC 4202 laeS pihC rotcartnoC 4202 741½½521½½WS NL DOOWDERWS RD DOOWNE CITY OF ROCHESTER, MINNESOTA509Corporate Acknowledgement13.W-9 Form12.Contractor’s Supplemental Responsible Contractor Certificate11.Workers Compensation Insurance Certificate10.Payment Bond for Labor and Material (if needed)9.Performance Bond8.Tennessen Warning7.This Contract6.identified as Sheets 1 to _______ forPlans and drawings which are attached to the Specifications or which are 5.Specifications4.Special Provisions, (if any)3.General Conditions of the Specifications for Public Improvements2.The Form of Proposal (conformed copy)1.parts:ARTICLE IV. The Contract Documents shall consist of the following component .$795,769of quantities, is estimated to be Rochester, Minnesota, the aggregate of which prices, based on the approximate schedule to those in the accepted Contractor's proposal on file in the office of the City Clerk of in the conformed copy of the Form of Proposal hereto attached, which prices shall conform accept payment in accordance with the prices bid for the unit or lump sum items as set forth ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and .July 26, 2024be fully and satisfactorily completed on, or before ARTICLE II. The Contractor agrees that the work contemplated by this contract shall and to do everything required by this agreement and the contract documents.J114 2024Chip Seal Street RehabilitationMinnesota for all the provisions of the plans and specifications prepared by the City Engineer of Rochester, ARTICLE I. The Contractor hereby covenants and agrees toperform and execute Contractor, for the consideration hereinafter stated, agree as follows:called the "Contractor". THIS AGREEMENT WITNESSETH, that the Owner and the hereinafter Avenue North, Maple Grove, MN55369 th Blacktop Company, 10503 89Allied by and between the City of Rochester, Minnesota, hereinafter called the "Owner" and THIS AGREEMENT, made and signed this _______ day of ________________, 20 ____, FORM OF CONTRACT J114 2024Chip Seal Street Rehabilitation510Michael Spindler-Krage, City Attorney____________________________________Approved as to Form & ExecutionTitleByTitleByContractor Kelly K. Geistler, City ClerkAttest Kim Norton, MayorByThe City of Rochester, Minnesotaseals as of the day and year first above written.IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and and conditions.contractor has read this agreement, understands it, and agrees to be bound by its terms by the signature below of its authorized representative, hereby acknowledges that the representations, oral or written, not specified herein regarding this agreement. Contractor, writing and signed by both parties. There are no understandings, agreements, or consent, modification, or change of terms of this agreement shall bind either party unless in This contract constitutes the entire agreement between the parties. No waiver, provided for in writing by the parties.shall prevail against any inconsistencies found in the Form of Proposal, unless otherwise repeated. The terms of the General Conditions of Specifications and Special Provisions Contract, and all documents are as fully a part of the contract as if attached hereto or herein This contract, together with the documents hereinabove mentioned, form the RESOLUTION511shall be deemed to have abandoned the same.after the contract is ready for their signature, and if not executed by them in said time, they BE IT FURTHER RESOLVED that the bidder shall execute all contractswithin ten days lowest bidder, which shall be retained until the contract has been executed; anddeposits made with their bids, except the deposits of the successful bidder and the next BE IT FURTHER RESOLVED that the City Clerk is directed to return to all bidders the ;andJ114 2024Chip Seal Street Rehabilitationapproved local improvements: Project No., is authorized for the following Allied Blacktop Companycontract for construction with isherebyacceptedandexecutionofthestandard City $795,769Minnesota,thatthebidofNOW,THER EFORE,BEITRESOLVEDbytheCommonCounciloftheCityofRochester, responsible bidder.is the lowest responsive and Allied Blacktop CompanyWHEREAS, it appears that $1,203,304;andFahrner Asphalt Sealers, LLC -Eau Claire$942,656Asphalt Surface Technologies Corp.$895,774Pearson Bros., Inc.$795,769Allied Blacktop Companycomplying with theadvertisement:,the following bids were received J114 2024Chip Seal Street RehabilitationNo. WHEREAS, pursuant to an advertisement for bids for the following improvement(s):Project Awarding Contract for Project No.J114 2024Chip Seal Street Rehabilitation. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF512Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. 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dennalp?si?ytreporp?ymedacA?)METS(?htaM?dna?,gnireenignE?,ygolonhceT?,ecneicS?retsehcoR?ehtot?WS?evA?ht4?morf?WS?tS?ht41?dna?WS?tS?ht61?ot?WS?tS?ht41?morf?WS?evA?ht4?fo?noitcurtsnocer?ehT:evitarraN?t ropeR.)UPR(?seitilitU?cilbuP?retsehcoR??dna?tnemtrapeD?skroW?cilbuPeht?neewteb?tnemeerga?erahs-tsoc?eht?htiw?ecnadrocca?ni?)3433107?.oN?tcejorP?UPR(?5487J?.oN?tcejorP-?WS?tS?ht41?dna?WS?evA?ht4?fo?sn oitceS?fo?noitcurtsnoceR?eht?rof?sdnuf?fo?noitacolla?eht?gnizirohtuA:detseuqeR?noitcA???61.F5487J?.oN?tcejorP?-?WS?tSht41?dna?WS?evA?ht4?fo?snoitceS?fo?noitcurtsnoceR NOITCA?ROF?TSEUQER iksvorbmoD?nolliD:RETNESERPadnegA?tnesnoC:NOITCES?ADNEGAskroW?cilbuP:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE P 514 WS?tS?ht41?dna?WS?evA?ht4?fo?snoitceS?fo?noitcurtsnoceR?-?noitacoL?tcejorPWS?tS?ht41?dna?WS?evA?ht4?fo?snoitceS?fo?noitcurtsnoceR?-?nwodkaerB?erahS?tsoC:stnemhcattA knilhcS?elyK:yB?deraperP.emi t?siht?ta?dednemmocer?snoitca?evitanretla?on?era?erehT:)s(noitcA?evitanretlA 58.268,124,1$???????????????????gnidnuF?tcejorP?latoT?110,16$???????????????????????????????????????ytilitU?mrotS910,41$?? ????????????????????????????????????ytilitU?reweS67.850,016$???????????????????????????????????????ytilitU?retaW80.135,094$?????????????)1022J(?noitatilibaheR?teertS10.342,642$??????????????????????? ??????????????stnemssessA?tnuomA?????????????????????????????secruoS?gnidnuF?:ycnegnitnoc?dna?,tseretni?,gnireenigne?%52?gnidulcni?dna?tnemeerga?gnirahstsoc?skroW?cilbuP/UPR?eht?no?desab?tcejorp?siht ?rof?stnuoma/secruos?gnidnuf?eht?era?gniwollof?ehT:tcapmI?ecruoseR?&?lacsiF.stnemssessa?desoporp?eht?gniyvel?noituloseR?fo?noitpodA?:4202?,81?hcraM.nitelluB?tsoP?ni?ecitoN?gniraeH?tnemssessA?:4202?,2 ?hcraM.srenwo?ytreporp?detceffa?eht?ot?deliam?erew?secitoN?gniraeH?tnemssessA?:4202?,62?yraurbeF.gniraeH?cilbuP?lavorppA?tcejorP?-?gniteeM?licnuoC?:4202?,12?yraurbeF.nitelluB?tsoP?eht?ni?detsop?ecito N?gniraeH?tcejorP?:4202?,01?yraurbeF.nitelluB?tsoP?eht?ni?detsop?ecitoN?gniraeH?tcejorP?:4202?,3?yraurbeF.srenwo?ytreporp?detceffa?eht?ot?deliam?erew?secitoN?gniraeH?tcejorP?:4202?,92?yraunaJ.delif?d na?deviecer?tropeR?ytilibisaeF?dna?gniraeH?tcejorP?eludehcS?-?gniteeM?licnuoC?:4202?,22?yraunaJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.secruos?cilbup?rehto?hguorht?dednuf?era?smeti?teerts?f o?)%57(?gniniamereht?dna?,)eulav?tekram?detamitse?no?desab(?seitreporp?gnirobhgien?eht?tsgnoma?yletanoitroporpderahs?si?stsoc?noitcurtsnocer?teerts?eht?fo?)%52(?noitrop?A?.stnemecalper?ytilitu?eht?gn idulcxe,teerts?eht?tcurtsnocer?ot?krow?eht?fo?lla?edulcni?dessessa?eb?ot?stsoc?elbigilE?.ycilop?taht?htiw?ecnadroccani?deraperp?gnieb?si?tcejorp?siht?dna?2202?ni?yciloP?tnemssessA?detadpu?na?detpoda? licnuoC?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFsecivreS?ytilauQ:selpicnirP?lanoitadnuoF?&?seitiroir Item?No.515 RPU USING?CONTRACTORS?UNIT?BID?PRICESSHARE?-??COSTRPU-4th?Ave?SW?(16th?St?to?14th?St)?$???????????$?????????$????????????????1,421,862.85Total?$???????????$?????????$???????????????????25 %?EICs?$???????????$?????????$????????????????1,137,490.28Subtotal?$???????????$???????????????????Total?Water?(150)?$????????????82,645.35?$?????????????????????82,645.3525%?EICs?$???????????$?????? ?????????????Subtotal?$????????????20,100.001?$?????????????????????20,100.00?$?????????????????????20,100.00LS1Temporary?Water?$?????????????????845.00325?$???????????????????????????845.00?$??????? ????????????????????????2.60SY325Erosion?Control?Blankets?Category?32575.523?$?????????????????644.00280?$???????????????????????????644.00?$???????????????????????????????2.30LF2802573.502?$???????? ??????3,460.005?$???????????????????????3,460.00?$??????????????????????????692.00EA5Connect?to?Existing?Water?Main?W200.572?$??????????????6,912.0012?$???????????????????????6,912.00?$?????????????? ????????????576.00EA12Reconnect?Existing?3/4"?CU?Wat.?Serv.C150.569?$????????????13,175.0025?$?????????????????????13,175.00?$??????????????????????????527.00EA251"?Curb?Stop?(Replace?Existing?&?1?Ne w)C150.550?$????????????28,900.00680?$?????????????????????28,900.00?$?????????????????????????????42.50LF6801"?Type?K?Copper?Water?ServiceC150.504?$??????????????5,832.00486?$??????????????????????? 5,832.00?$?????????????????????????????12.00LBS 486 F&I?Water?Main?Fittings?W200.562 EA0F&I?8"?x?6"?DIP?TeeEA0F&I?8"?x?8"?DIP?ReducerEA0F&I?8"?x?8"?DIP?CrossEA0F&I?8"?x?22?1/2?DIP?Bends?$???????????? 25,304.004?$?????????????????????25,304.00?$???????????????????????6,326.00EA4F&I?HydrantW200.560?$????????????18,870.006?$?????????????????????18,870.00?$???????????????????????3,145.00EA6F&I?8"?Gat e?Valve?&?BoxW200.550?$??????????????9,400.004?$???????????????????????9,400.00?$???????????????????????2,350.00EA4F&I?6"?Gate?Valve?&?BoxW200.550?$??????????1763?$????????????????????$?????????????? ????????????107.20LF1763F&I?8"?DIP?Water?Main?Cl.?52W200.528?$??????????????6,174.0063?$???????????????????????6,174.00?$?????????????????????????????98.00LF63F&I?6"?DIP?Water?Main?Cl.?52W200.528?$?? ???????????????396.80128?$???????????????????????????396.80?$???????????????????????????????3.10SF128F&I?4"?Polystyrene?InsulationW200.514?$??????????????1,575.00175?$???????????????????????1,575.00? $???????????????????????????????9.00CY175Aggregate?for?Pipe?FoundationW200.511Water?(150)?$??????????14,019.00?$?????????????????????14,019.00Total?Sanitary?(250)?$?????????????2,803.80?$???????????? ???????????2,803.8025%?EICs?$??????????11,215.20?$?????????????????????11,215.20Subtotal?$?????????????6,780.005?$???????????????????????6,780.00?$???????????????????????1,356.00EA5Reconstruct?Sanita ry?Manhole?TopS100.570?$?????????????4,435.20144?$???????????????????????4,435.20?$?????????????????????????????30.80LF144_"?PVC?SDR?26?Sanitary?Sewer?Service?ConnectionC150.503Sanitary?Sewer?(250)?$ ??????????????6,005.41?$??????????31,089.98?$?????????????????????37,095.39Total?Ped?Facilities?(550)?$??????????????1,201.08?$?????????????6,218.00?$???????????????????????7,419.0825%?EICs?$???????? ??????4,804.33?$??????????24,871.98?$?????????????????????29,676.31Subtotal?$????????????????????????-0?$?????????????6,718.00100?$???????????????????????6,718.00?$?????????????????????????????67.18S F100Truncated?DomesC700.503?$????????????????????????-0?$??????????11,566.74789?$?????????????????????11,566.74?$?????????????????????????????14.66SF789Pedestrian?Curb?Ramp/LandingC700.502?$????????? ?????4,804.33353?$?????????????6,587.24484?$?????????????????????11,391.57?$?????????????????????????????13.61SF837Concrete?Sidewalk?(Replacement)C700.501Pedestrian?Facilities?(550)???$?????????????? ???515.00?$??????????61,011.00?$?????????????????????61,526.00Total?Storm?(450)?$?????????????????103.00?$??????????12,202.20?$?????????????????????12,305.2025%?EICs?$?????????????????412.00?$??????? ???48,808.80?$?????????????????????49,220.80Subtotal?$????????????????500.001?$???????????????????????????500.00?$??????????????????????????500.00EA1Connect?to?Existing?Storm?SewerS100.572?$????????? ????????412.002?$?????????????1,236.006?$???????????????????????1,648.00?$??????????????????????????206.00EA8Storm?Drain?Inlet?Protection2573.502?$?????????????6,842.002?$???????????????????????6,842 .00?$???????????????????????3,421.00STRUC2Construct?Structure?Type?4?(48")S100.545?$??????????26,104.008?$?????????????????????26,104.00?$???????????????????????3,263.00STRUC8Construct?Structure?Type ?1?(2'x3')S100.545?$?????????????2,185.6032?$???????????????????????2,185.60?$?????????????????????????????68.30LF32F&I?18"?RCP?Storm?Sewer?Cl.?3S100.516?$??????????11,941.20186?$???????????????????? ?11,941.20?$?????????????????????????????64.20LF186F&I?15"?RCP?Storm?Sewer?Cl.?5S100.516Storm?Sewer?(450)?$??$???????????$?????????$???????????????????Total?Street?(350)?$????????????58,800.47?$????? ????$???????????????????25%?EICs?$??$???????????$?????????$???????????????????Subtotal?$????????????10,693.201608?$??????????13,778.802072?$?????????????????????24,472.00?$??????????????????????????? ????6.65SY3680Hyrdo-Seeding?/?Turf?RestorationW200.585?$????????????27,205.36296?$??????????33,914.79369?$?????????????????????61,120.15?$?????????????????????????????91.91SY6656"?Concrete?Driveway?R estoration2531.504?$????????????30,448.641252?$??????????41,684.481714?$?????????????????????72,133.12?$?????????????????????????????24.32LF2966Concrete?Curb?&?Gutter,?Design?B6242531.503100%?$?1,421 ,862.85?$????????????34,464.00359?$??????????40,992.00427?$?????????????????????75,456.00?$?????????????????????????????96.00TON786Type?SP?12.5?Bituminous?Non?Wearing?Course?Mixture?(2,B)2360.5094%?$ ??????61,011.00Storm?Utility?$????????????23,283.00234?$??????????27,760.50279?$?????????????????????51,043.50?$?????????????????????????????99.50TON513Type?SP?9.5?Bituminous?Wearing?Course?Mixture?( 2,B)2360.5091%?$??????14,019.00Sewer?Utility?$????????????????????????-0?$?????????????8,105.4079?$???????????????????????8,105.40?$??????????????????????????102.60SY79Concrete?Pavement?7"2301.50443% ?$????Water?Utility?$????????????34,162.50911?$??????????29,100.00776?$?????????????????????63,262.50?$?????????????????????????????37.50CY1687Aggregate?Base?(CV)?Class?5?(8"?Depth)2211.50734%?$????S treet?Rehab?$????????????????????????-0?$????????????????722.4086?$???????????????????????????722.40?$???????????????????????????????8.40CY86Common?Embankment?(P)(CV)2106.50717%?$????Assessments?$??? ?????????????????????-0?$??????????21,168.002520?$?????????????????????21,168.00?$???????????????????????????????8.40CY2520Common?Excavation(P)(CV)2106.507Percent?of?ProjectProject?Funding?$????????? ?????3,715.501238.5?$?????????????3,715.501238.5?$???????????????????????7,431.00?$???????????????????????????????3.00CY2477Muck?Excavation?(CV)2106.507?$????????????11,146.501238.5?$??????????11,146 .501238.5?$?????????????????????22,293.00?$???????????????????????????????9.00CY2477Stabilizing?Aggregate?(CV)2106.507?$??????????60,719.00?$????Street?Assessment?Break?Out?$????????????????????????- 0?$??????????28,150.002252?$?????????????????????28,150.00?$?????????????????????????????12.50CY2252Subgrade?Excavation?(P)(CV)(12"?Depth)2106.5070.2987092420.701290758?$????????????????????????-0?$? ?????????72,064.002252?$?????????????????????72,064.00?$?????????????????????????????32.00CY2252Select?Granular?Embankment?(P)(CV)(12"?Depth)2106.507?$?????????$?????$??????$????????????????????????- 0?$??????????15,590.006236?$?????????????????????15,590.00?$???????????????????????????????2.50SY6236Geotextile?Fabric,?Type?V2106.504RPUPWAssessible?Street?Items?$????????????????????????-0?$??????? ???71,685.102602?$?????????????????????71,685.10?$?????????????????????????????27.55LF2602F&I?6"?Perforated?PVC?Pipe?(Edge?Drain)S100.524?$?????????????????370.00370?$?????????????1,446.001446?$????? ??????????????????1,816.00?$???????????????????????????????1.00SF1816Remove?Concrete?Sidewalk2104.518?$????Total?Project?Assessments?$????????????11,361.903443?$??????????11,361.903443?$????????????? ????????22,723.80?$???????????????????????????????3.30SY6886Remove?Bituminous?Pavement2104.504?$??????42,971.76Water?Assessments?$????????????????????????-0?$?????????????1,082.40132?$??????????????? ????????1,082.40?$???????????????????????????????8.20SY132Remove?Concrete?Pavement2104.504**Using?from?original?assessment?roll?$?????$??????????????1,628.00185?$?????????????2,279.20259?$??????????? ????????????3,907.20?$???????????????????????????????8.80SY444Remove?Concrete?Driveway?Pavement2104.504?$????Street?Item?Assessment?$??????????????3,735.001245?$?????????????4,194.001398?$??????????? ????????????7,929.00?$???????????????????????????????3.00LF2643Remove?Curb?&?Gutter2104.503?$??????37,980.1625%?Engineering?$?????????????????250.001?$??????????????????????-0?$?????????????????????? ?????250.00?$??????????????????????????250.00TREE1Grubbing2101.524?$????25%?$?????????????????750.001?$??????????????????????-0?$???????????????????????????750.00?$??????????????????????????750.00TRE E1Clearing2101.524?$????Total?Assessable?Items0.5020?$????????????41,988.280.502?$??????????41,653.720.498?$?????????????????????83,642.00?$?????????????????????83,642.00LS1Mobilization2021.501Street ?(350)RPU?CostRPU?QuantityPW?CostPW?QuantityTotal?Cost?UnitQuantityItem 1 J7845 - Project Limits 516 Mments\\Basemap.mxd???Date?Saved:?9/20/2023?4:24:01?PDocument?Path:?B:\\Enterprise\\GIS\\resources\\Map?Docu Feet2300460920 e?of?this?data.damage?directly?or?indirectly?a rising?out?of?the?usny?loss?or?Rochester?shall?have?no?liability?with?respect?to?ato?the?information?contained?on?this?map.?The?City?h?respect?warranties?of?fitness?for?a?particular?purpose,?witplied ?express?or?implied,?including?but?not?limited?to?imrranties,?The?City?of?Rochester?specifically?disclaims?all?wadimensions,?etc.?to?conduct?detailed?design.tions,?responsibility?for?field?verifying? elevations,?loca?should?be?used?as?reference?only.??It?is?the?user’sData?contained?has?not?been?field?verified?and?/14¤£14¤£ES?EVA?SDNUORGRIAF14?ST?SE WS?TS?21WSTCRODUTES?TS?21WS?EVA?6ES?TS?71WS?TS?7 1ESEVA2WS?TS?41ES?TS?61WS?TS?61WS?TS?2 Public Hearings 517 cityclerk@rochestermn.gov2900 or -328-Questions? Contact the City Clerk’s Office: 507 . citycouncil@rochestermn.govSend an email to the full Council at ▪ .Council Members –City Council City’s website under find their email addresses on the –an email to your individual Councilmember Send ▪ Rochester, MN 55904 201 4th St SE, Ste 135 City Clerk - an open comment In the mail to: Send ▪ .the Clerkand give it to person at the Council Meeting-a written open comment form in outFill ▪ Council prior to the meeting that day.ity and your comment will be distributed to the C publiccomment@rochestermn.gov at the email address the City by Noon on the day of the meeting Email ▪ through a different medium, the following contact methods are also available: person to provide public comment, or you would prefer to submit your comments -If you are unable to attend inon is available. optirtual participation Currently no vi ✓ times. speakerpublic hearing manage to used be will timer A ✓ residents.immediately impacted by the Council’s decision, e.g. neighborhood who may be sspeakerpublic hearing When appropriate, priority will be given to those ✓ spent.who yields their time may not speak again once the allotted 5 minutes are speakerpublic hearing may yield their remaining time to another. A speakerpublic hearing A ✓ not receive extra time. does spokesperson This spokesperson. a designate to are encouraged hearing the of matter subject the on view similar a have who Groups ✓ name. their provide shall speakerpublic hearing The ✓ hearing. public a given during once speak only may peakersPublic hearing s ✓ each. minutes 5 to limited be will speakershearing public All ✓ has been made, after which all external comments end.ouncil until a motion C the from questions informational answer also may applicant The ✓ has closed.provide a rebuttal of up to 5 minutes after the public hearing may hearing and public the of the start to prior total of 10 minutes a for present may representative) applicant’s (and/or applicantFor public hearings about various development projects, the ✓ pproval. going in front of the Council for a jectaction, or profic item, provide input to the Council about a speciPublic hearings are an opportunity to suidelineG articipationP earingH Public M 518 noitubirtsiD?tsoC?tcejorP?.detcelloc?eb?ot?era?stnemssessa?hcihw?rof?lecrap?hcae?no?stnuoma?eht?gnicuderybereht?,yletairporppa?sllor?tnemssessa?eht?yfidom?ot?krelC?ytiC?eht?tcerid?yam?yeht?,sts oc?lautca?ehtdeecxe?tcejorp?eht?rof?detcelloc?eb?ot?stnemssessa?eht?taht?senimreted?yltneuqesbus?reenignE?ytiC?eht?fI93.162,631$?=?dessessa?eb?ot?stsoc?tcejorp?latoTdessessA?eb?ot?stsoC?tcejorP?681,8 21,1$?=?gnidnuF?tcejorP?latoT?detamitsE?.srenwo?ytreporp?gnittuba?ot?segrahc?tnemssessamorf?diap?eb?dluohs?tcejorp?siht?fo?smeti?noitcurtsnocer?teerts?gniyfilauq?eht?fo?)%52(?noitrop?A**?.sdradnats?) 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nosreteP?ylleK:yB?deraperP.emit?siht?ta?dednemmocer?snoitca?evitanretla?on?era?erehT:)s(noitcA?evitanretlA 681,821,1$?gnidnuF?tcejorP?latoT?detamitsE?604,821$??????????????????????? ?????????????????ytilitU?mrotS106,962$???????????????????????????????????????ytilitU?reweS136,372$????????????????????????????????????????ytilitU?retaW782,023$??????????????)1022J(?noitatilibaheR?tee rtS162,631$??????????????????????????????????????stnemssessA?tnuomA?????????????????????????????secruoS?gnidnuF?:tcejorp?siht?rof?stnuoma/secruos?gnidnuf?detamitse?eht?era?gniwollof?ehT.)PIC(?nalP?tn emevorpmI?latipaC?7202-2202?eht?fo?noitpoda?eht?htiw?tcejorp?siht?devorppa?licnuoC?ehT:tcapmI?ecruoseR?&?lacsiF.nitelluB?tsoP?eht?ni?detsop?ecitoN?gniraeH?tnemssessA?:4202?,6?lirpA.srenwo?ytreporp?de tceffa?eht?ot?deliam?erew?secitoN?gniraeH?tnemssessA?:4202?,62?hcraM.gniraeH?cilbuP?lavorppA?tcejorP?-?gniteeM?licnuoC?:4202?,81?hcraM.4202?,81?hcraM?ot?deunitnoc?dna?denepo?si?gniraeH?cilbuP?-?gnite 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oirP.stnemetats?xat?5202?rieht?no?tnemssessa?eht?ees?lliw?srenwo?ytreporp,4202?ni?detelpmoc?si?krow?fI?.detelpmoc?yllaitnatsbus?si?tcejorp?eht?litnu?tnes?eb?ton?lliw?noitacifitrecdna?sgnillib?,revewo H?.tnemssessa?eht?gnitpoda?si?gniraeh?sihT?.ecnalab?diapnu?eht?no?yllaunna%5.4?fo?etar?a?ta?degrahc?tseretni?htiw?,sraey?net?revo?tnemyap?rof?desoporp?era?stnemssessa?llAdoireP?tnemssessA?.srenwo?ytr eporp?gnittuba?otsegrahc?tnemssessa?morf?diap?eb?dluohs?tcejorp?siht?fo?smeti?noitcurtsnocer?teerts?gniyfilauq?eht?fo?%5 L 520 7387J?.oN?tcejorP-?WN?tS?ht01?ot?WN?tS?ht7?morf?WN?evA?ht7?fo?noitcurtsnoceR?-?stnemssessA?gnitpodA?-?noituloseRBP?stnemssessA?desoporP?no?gniraeH?fo?ecitoN?924?7387J?.oN?tcejorP?-?gniraeH?fo?e citoNDIP?yb?stnemssessA?desoporP?no?gniraeH?fo?ecitoN?7387J?.oN?tcejorP?-?gniraeH?fo?ecitoNDIP?yb?lloR?tnemssessA?924?7387J?.oN?tcejorP?-?lloR?tnemssessA7387J?.oN?tcejorP?-?WN?tS?ht01?ot?WN?tS?ht7?mo rf?WN?evA?ht7?fo?noitcurtsnoceR?-?paM?noitaco 1 521 slecraP tnemssessA 7387JnoitacoL tcejorP dnegeL teeF54063072081090 µ 4202/91/107387J .oN tcejorPNM ,retsehcoR fo ytiC dxm.slecrap 7387J 91104202\\paM tnemssessA\\stnemssessA\\7387J\\JORP-J\\STC EJORP\\skroW cilbuP\\ISD\\:B :htaP tnemucoD.atad siht fo esu eht fo tuo gnisira yltceridni ro yltcerid egamad ro ssol yna ot tcepser htiw ytilibail on evah llahs retsehcoR fo ytiC ehT .pam siht no deniatnoc noitamrofni eht ot tcepser htiw ,esoprup ralucitrap a rof ssentif fo seitnarraw deilpmi ot detimil ton tub gnidulcni ,deilpmi ro sserpxe ,seitnarraw lla smialcsid yllacificeps retsehcoR fo ytiC ehT.ngised deliated tcudnoc ot .cte ,snoisnemid ,snoitacol ,snoitavele gniyfirev dleif rof ytilibisnopser s’resu eht si tI .ylno ecnerefer sa desu eb dluohs dna deifirev dleif neeb ton sah deniatnoc ataD¯490460290460114150023210913210813210167110067110857110757110657110557110457110357110047110937110837110737110637110693100 WN TS 01WN TS 8WN TS 01WNTS 0 Assessment Roll 522 Lampmans Replat: AssessedAmount to be$5,724.77 1.00 5,724.77$5,724.77 Street Reconstruct 25%Unit CostCostQuantity Rochester, MN 55904Campus Dr SE117 2Olmsted County Hra06174.35.24.064094ATINGTERMIN& THERE THE NWCOR THEREOF OFT E F61 95.53TO A PT ON THE N LN SD LOT T F18 DEGREES 23'42"E 53.06 TH N BE DEST FOR THE PT OF BEG OF THE LN TO F78.18 AL THE S LN THEREOF E61 TH N L DES LN COM SWCOR SD LOT FOLYING W OF 61 T LOT TH P-061 AT B LOTPL'S TORAUDISECT-35 TWP-107 RANGE-014 : AssessedAmount to be$5,685.71 1.00 5,685.71$5,685.71 Street Reconstruct 25%Unit CostCostQuantity Rochester, MN 55904Campus Dr SE117 2Olmsted County Hra06074.35.24.064092 TERMINATINGTHERE& THEREOF NWCORT E OF THE F60 78.18TO THE N LNSD LOT T F18 DEGREES 23'42"E 53.06 TH N BE DEST FOR THE PT OF BEG OF THE LN TO F60.83 AL THE S LN THEREOF E60 TH N L DES LN COM SWCOR SD LOT FOLYING W OF 60 T LOT TH P-060 AT B LOTPL'S TORAUDISECT-35 TWP-107 RANGE-014 : AssessedAmount to be$213.37 1.00 213.37$213.37 Street Reconstruct 25%Unit CostCostQuantity Rochester, MN 55904201 4 St SE05974.35.24.00139659T LO-059 AT B LOTPL'S TORAUDISECT-35 TWP-107 RANGE-014 Auditors Plat BLocal Improvement Property ListTaxpayerProperty IDLotBlk 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 Authorized Signature DateApproved by: ________________________Mailed on: __________notification via U.S. Mail on the proposed local assessment project.I hereby certify that the following property owners received individual Certificate of Notification Page 1 of 6Printed: 3/26/2024 City of Rochester, Minnesota 523: AssessedAmount to be$6,085.39 1.00 6,085.39$6,085.39 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ste 1002765 Commerce Dr NW Series 7 LLCBlack Swan Real Estate 0021101175374.35.24.0BLK 2T 11 LOBLOCK-002 11 0-AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$8,975.76 1,790.49 1.00$1,790.49 Water Service 1.00 7,185.27$7,185.27 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW915 7 Harrington,Carol S0010101173874.35.24.010 BLK 1T LO-010 BLOCK-001 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$8,098.26 1,790.49 1.00$1,790.49 Water Service 1.00 6,307.77$6,307.77 Street Reconstruct 25%Unit CostQuantity Rochester, MN 5590111 7 Ave NW9Paizis,Sara0010091173774.35.24.09 BLK 1T LO-009 BLOCK-001 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$9,042.44 1.00 9,042.44$9,042.44 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901-2624Ave NW907 7 ,Harold L TrustCarlson0010081173674.35.24.08 BLK 1T LO-008 BLOCK-001 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$7,990.64 1.00 7,990.64$7,990.64 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW923 7 MendiolaSunshine Lacanilao 0010121174074.35.21.012 BLK 1T LO-012 BLOCK-001 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be113.99 $9, 1,790.49 1.00$1,790.49 Water Service 1.00 7,323.50$7,323.50 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55904215 Conway St SECovered By Faith LLC0011101173974.35.21.0BLK 1T 11 LOBLOCK-001 11 0-AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S Local Improvement Property List's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk 03/26/2024 Page 2 of 6 524: AssessedAmount to be$8,470.89 1,790.49 1.00$1,790.49 Water Service 1.00 6,680.40$6,680.40 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW903 7 ASallyEnders,0020171175874.3 5.24.017 BLK 2T LO-017 BLOCK-002 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$6,827.66 1.00 6,827.66$6,827.66 Street Reconstruct 25%Unit CostQuantity Rochester, MN 5590411 Tee Time Rd SE25Wesely Homes LLC0020161175774.35.24.016 BLK 2T LO-016 BLOCK-002 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$9,841.23 1,790.49 1.00$1,790.49 Water Service 1.00 8,050.74$8,050.74 Street Reconstruct 25%Unit CostQuantity Rochester, MN 5590111 7 Ave NW8Kruesel,John0020141175674.35.24.015 BLOCK 2T LOT F14 AND E80T LOT FT NF-014 BLOCK-002 E80AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$8,900.63 1,790.49 1.00$1,790.49 Water Service 1.00110.14 7,110.14 $7,Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW717 7 Mcmahon,Rita0020131175574.35.24.013 BLK 2T LO-013 BLOCK-002 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$7,719.61 1,790.49 1.00$1,790.49 Water Service 1.00 5,929.12$5,929.12 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW713 7 Stevens,Heidi J0020121175474.35.24.012 BLK 2T LO-012 BLOCK-002 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S Local Improvement Property List's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk 03/26/2024 Page 3 of 6 525: AssessedAmount to be$5,132.19 1,790.49 1.00$1,790.49 Water Service 1.00 3,341.70$3,341.70 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW914 7 Sneve,Lillian M01500774.35.21.0123207 BLK 15T LOSUB LOT-007 BLOCK-015 SECT-35 TWP-107 RANGE-014 MANLEY'S : AssessedAmount to be$6,457.46 1,790.49 1.00$1,790.49 Water Service 1.00 4,666.97$4,666.97 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55906Ave NE913 8 Kronzer,Alexander P01500674.35.21.0123196 BLK 15T LOSUB LOT-006 BLOCK-015 SECT-35 TWP-107 RANGE-014 MANLEY'S : AssessedAmount to be$5,805.91 1.00 5,805.91$5,805.91 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901-2643Ave NW934 7 Larson,Curtis C01500574.35.21.0123185 BLK 15T LOSUB LOT-005 BLOCK-015 SECT-35 TWP-107 RANGE-014 MANLEY'S Manleys Sub: AssessedAmount to be$393.67 1.00 393.67$393.67 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901Ave NW808 8 Gates,Matthew P0020011176174.35.24.018 BLOCK 2T TO BEG LOT F1 TH N61.33TO SECOR LOT T F2 TH W9.1T TO NECOR LOT FLY ALLEY AND W LINE N AND S ALLEY AND WLY TO INTERSEC OF S LINE OF E TH SW17 T TO SWCOR LOT F17 TH S55T NWCOR LOT TO FL OF BEG RUN TH E FOR P1 T LO AT NECOR COM-001 BLOCK-002 AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S : AssessedAmount to be$8,789.44 1,790.49 1.00$1,790.49 Water Service 1.00 6,998.95$6,998.95 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901-2625Ave NW807 7 Hildman,Jeremy0020141176074.35.24.018 BLK 2T BEG LOT TO F40T TH EF37 5/10T TH SEFN55 7/102 TH T TO SECOR LOT F10T TH WF5 TH N108T TO NECOR LOT F67 4/10T TH WFS162 3/10RUN16 BLK 2 AT NWCOR LOT AND COM14 AND 15 T LOTS F14 AND W30T LOT FE80T F-014 BLOCK-002 S9 3/10AT LOTSECT-35 TWP-107 RANGE-014 LAMPMAN'S Local Improvement Property List's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk 03/26/2024 Page 4 of 6 526: AssessedAmount to be$6,992.37 1,790.49 1.00$1,790.49 Water Service 1.00 5,201.88$5,201.88 Street Reconstruct 25%Unit CostQuantity Rochester, MN 55901-2643Ave NW910 7 Quarve,Elaine C0150081174.35.24.0514 THERE TERMINATINGAND8 T TO NECOR SD LOT F53.06TO BE DES TH NET FOR PT OF BEG OF LINE FTHEREOF 95.53 AL S LINE TH NE8 T SWCOR SD LOT LYING ELY OF FOL DES LINE COM AT 8 BLK 15 LESS T LOSUB LOT-008 BLOCK-015 SECT-35 TWP-107 RANGE-014 MANLEY'S Local Improvement Property List's Name & AddressTaxpayerLegal DescriptionProperty IDLotBlk 03/26/2024 Page 5 of 6 527 20:Total Number of Parcels Listed$136,261.397837: Total Assessment for J03/26/2024 Page 6 of 6 Covered By Faith LLC 528 Page 1 of 21173974.35.21.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 7,323.50$7,323.50 Unit RateQuantityItem DescriptionCost.99.113The total amount of the proposed assessment for this parcel is $9,The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPLBLK 1T 11 LOBLOCK-001 11 0-AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW919 7 11739074.35.21.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55904215 Conway St SE View 529 Page 2 of 21173974.35.21.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Sunshine Lacanilao Mendiola 530 Page 1 of 21174074.35.21.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 7,990.64$7,990.64Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $7,990.64.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL12 BLK 1T LOBLOCK-001 -012 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW923 7 11740074.35.21.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW923 7 View 531 Page 2 of 21174074.35.21.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Larson, Curtis C 532 Page 1 of 274.35.21.012318within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 5,805.91$5,805.91Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $5,805.91.The total amount of the proposed assessment for all properties is $136,261.39.MANLEYS SUB5 BLK 15T LOSECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-005 BLOCK-015 Rochester, MNAve NW934 7 74.35.21.012318as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901-2643Ave NW934 7 Larson, Diane E View 533 Page 2 of 274.35.21.012318cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Kronzer, Alexander P 534 Page 1 of 274.35.21.012319within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 4,666.97$4,666.97 Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $6,457.46.The total amount of the proposed assessment for all properties is $136,261.39.MANLEYS SUB6 BLK 15T LOSECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-006 BLOCK-015 Rochester, MNAve NW928 7 74.35.21.012319as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55906Ave NE913 8 Schneider, Lee W View 535 Page 2 of 274.35.21.012319cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Sneve, Lillian M 536 Page 1 of 274.35.21.012320within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 3,341.70$3,341.70Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $5,132.19.The total amount of the proposed assessment for all properties is $136,261.39.MANLEYS SUB7 BLK 15T LOSECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-007 BLOCK-015 Rochester, MNAve NW914 7 74.35.21.012320as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW914 7 View 537 Page 2 of 274.35.21.012320cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Carlson 538 Page 1 of 21173674.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00Street Reconstruct 25%QuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $9,042.44.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL8 BLK 1T LOBLOCK-001 -008 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW907 7 117360as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901-2624Ave NW907 7 , Harold L Trust View 539 Page 2 of 21173674.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Paizis, Sara 540 Page 1 of 21173774.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 6,307.77$6,307.77Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $8,098.26.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL9 BLK 1T LOBLOCK-001 -009 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MN11 7 Ave NW911737074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Rochester, MN 5590111 7 Ave NW9Paizis, Alexander View 541 Page 2 of 21173774.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Harrington, Carol S 542 Page 1 of 21173874.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 7,185.27$7,185.27Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $8,975.76.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL10 BLK 1T LOBLOCK-001 -010 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW915 7 11738074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW915 7 View 543 Page 2 of 21173874.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Black Swan Real Estate Series 7 LLC 544 Page 1 of 21175374.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 6,085.39$6,085.39Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $6,085.39.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPLBLK 2T 11 LOBLOCK-002 11 0-AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MN701 7 St NW11753074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 559012765 Commerce Dr NW Ste 100 View 545 Page 2 of 21175374.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Stevens, Heidi J 546 Page 1 of 21175474.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 5,929.12$5,929.12Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $7,719.61.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL12 BLK 2T LOBLOCK-002 -012 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW713 7 11754074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW713 7 View 547 Page 2 of 21175474.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Mcmahon, Rita 548 Page 1 of 21175574.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00110.14 7,110.14$7,Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $8,900.63.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL13 BLK 2T LOBLOCK-002 -013 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW717 7 11755074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW717 7 View 549 Page 2 of 21175574.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Kruesel, John 550 Page 1 of 21175674.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 8,050.74$8,050.74Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $9,841.23.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL15 BLOCK 2T LOT F14 AND E80T LOT F30.7T NFBLOCK-002 E80-014 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MN11 7 Ave NW811756074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 5590111 7 Ave NW8 View 551 Page 2 of 21175674.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Wesely Homes LLC 552 Page 1 of 21175774.35.24.0within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 6,827.66$6,827.66Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $6,827.66.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL16 BLK 2T LOBLOCK-002 -016 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW815 7 11757074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 5590411 Tee Time Rd SE25 View 553 Page 2 of 21175774.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Enders, 554 Page 1 of 211758within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 6,680.40$6,680.40Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $8,470.89.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL17 BLK 2T LO-017 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW903 7 11758074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW903 7 ASally View 555 Page 2 of 21175874.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ Hildman, Jeremy 556 Page 1 of 21176074.35.24.0of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 6,998.95$6,998.95Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $8,789.44.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMP MANS REPL18 BLK 2T TO BEG LOT F40T TH EF37 5/10T TH SEFN55 7/102 TH T TO SECOR LOT F10T TH WF5 TH N108T TO NECOR LOT F4/1067 T TH WF162 3/10 TH SRUN16 BLK 2 AT NWCOR LOT AND COM14 AND 15 T LOTS F14 AND W30T LOT F80T EF-014 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MNAve NW807 7 11760074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901-2625Ave NW807 7 Hildman, Katherine S pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or 557 Page 2 of 21176074.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/View within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court Gates, Matthew P 558 Page 1 of 21176174.35.24.0of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 393.67$393.67Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $393.67.The total amount of the proposed assessment for all properties is $136,261.39.ATLAMPMANS REPL18 BLOCK 2T TO BEG LOT F1 TH N61.33T TO SECOR LOT F2 TH W9.1T TO NECOR LOT F37.5Y TH WLY ALLE AND W ALLEY AND W LINE N AND S INTERSEC OF S LINE OF ELY TO TH SW17 T TO SWCOR LOT F17 TH S55TO NWCOR LOT T F55.9FOR P1 AT NECOR LOT COMBLOCK-002 -001 AT LOTS REPLSECT-35 TWP-107 RANGE-014 LAMPMAN'Rochester, MN 11761074.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901Ave NW808 8 pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or 559 Page 2 of 21176174.35.24.0cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/View within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court Quarve, Elaine C 560 Page 1 of 21174.35.24.0514of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1,790.49 1.00$1,790.49Water Service1in 1.00 5,201.88$5,201.88Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $6,992.37.The total amount of the proposed assessment for all properties is $136,261.39.MANLEY S SUB TERMINATINGTHERE8 AND F53.06 TO BE DES TH NEBEG OF LINET FOR PT OF F95.53 AL S LINE THEREOF TH NE8 T SWCOR SD LO TH PT LYING ELY OF FOL DES LINE COM AT LESS8 BLK 15 T LOSECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-008 BLOCK-015 Rochester, MNAve NW910 7 11051474.35.24.as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55901-2643Ave NW910 7 pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or 561 Page 2 of 21174.35.24.0514cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/View within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court Olmsted County Hra 562 Page 1 of 274.35.24.064092of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 5,685.71$5,685.71Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $5,685.71.The total amount of the proposed assessment for all properties is $136,261.39.TORS PLAT BAUDIATINGTERMIN& THERE T E OF THE NWCOR THEREOF F60 78.18T THE N LNSD LOT TO F18 DEGREES 23'42"E 53.06 THE LN TO BE DES TH N BEG OFT FOR THE PT OF F60.83 AL THE S LN THEREOF EDEGREES 49'55"60 TH N 88 LYING W OF FOL DES LN COM SWCOR SD LOT 60 T LOT TH P-060 AT B LOTS PL'TORAUDISECT-35 TWP-107 RANGE-014 Rochester, MNAve NW906 7 74.35.24.064092as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Campus Dr SE117 2 pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or 563 Page 2 of 274.35.24.064092cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/View within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court Olmsted County Hra 564 Page 1 of 274.35.24.064094of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 5,724.77$5,724.77Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $5,724.77.The total amount of the proposed assessment for all properties is $136,261.39.TORS PLAT BAUDI TERMINATINGTHERE& T E OF THE NWCOR THEREOF F61 95.53T ON THE N LN SD LOT PT TO A F18 DEGREES 23'42"E 53.06 THE LN TO BE DES TH N BEG OFT FOR THE PT OF F78.18 AL THE S LN THEREOF EDEGREES 49'55"61 TH N 88 LYING W OF FOL DES LN COM SWCOR SD LOT 61 T LOT TH P-061 AT B LOTS PL'TORAUDISECT-35 TWP-107 RANGE-014 Rochester, MNAve NW908 7 74.35.24.064094as follows: The property subject to special assessments as a result of this public improvement project is legally described 7 St NW to 10 St NWAve NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Campus Dr SE117 2 pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or 565 Page 2 of 274.35.24.064094cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/View within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court City Of Rochester 566 Page 1 of 274.35.24.001396within 10 days after service upon the Mayor or City Clerk.City Clerk within 30 days after the adoption of the assessment and filing such notice with the district court pursuant to Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or of the Common Council at the hearing. Property owners may appeal the assessment to the district court the property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President No appeal may be taken as to the amount of any assessment adopted unless a written objection is signed by proposed assessment at the hearing. Common Council will consider any written or oral objections presented. The Common Council may adopt the Property owners may also present their objections in writing prior to or at the time of the hearing. The Property owners are entitled to appear and present their objection to the charges at the time of the hearing. . A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office 1.00 213.37$213.37Street Reconstruct 25%Unit RateQuantityItem DescriptionCost The total amount of the proposed assessment for this parcel is $213.37.The total amount of the proposed assessment for all properties is $136,261.39.TORS PLAT BAUDI59T LO-059 AT B LOTS PL'TORAUDISECT-35 TWP-107 RANGE-014 Rochester, MN 74.35.24.001396as follows: The property subject to special assessments as a result of this public improvement project is legally described Ave NW from J7837: Reconstruction of 7 local improvement project:Rochester, MN, on Monday, April 22, 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of :To Current Property Owner ASSESSMENTSNOTICE OF HEARING ON PROPOSED Property Owner Rochester, MN 55904201 4 St SE View 567 Page 2 of 274.35.24.001396cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.miscellaneous project.note that the application must be filed within 60 days of the Council approval of the assessment or . Please ffices oit would be a hardship to make payments. Application forms are available from the City Clerk'service, as defined in Section 190.05, Subdivision 5b or 5c, as stated in the person's military orders, for whom who is a member of the Minnesota National Guard or other military reserves who is ordered into active military person 65 years of age or older, by a person retired by virtue of a permanent physical disability, or by a person assessments. In Rochester, assessments may be deferred when homesteaded property is owned by a Minnesota Statutes, Sections 435.193 to 435.195, allows municipalities the option of deferring special applied first to any accrued interest and second to reduce principal outstanding.toward the outstanding balance prior to the City's certification to the county auditor. Partial payments will be : Property owners have the option of making partial payment of not less than $50 Partial Prepayment Option annual interest rate of 4.50 percent on the unpaid balance amortized. 10 years at an Auditor to be spread on the tax rolls over the amount will be certified to the Countymade, Auditor, with interest charged from the date of the resolution approving the assessment. If prepayment is not period is allowed any time prior to certification of the assessment or the first installment thereof to the County days of adoption of the assessment by the Common Council. Prepayment outside the 30 day interest-free Street SE, Room 135, Rochester, Minnesota 55904. No interest is charged to a prepayment made within 30 201 Fourth ffice is located at Property owners may prepay the entire assessment to the City Clerk whose oProperties can be looked up either by street address or by 12 digit parcel identification number.. www.rochestermn.gov/assessmentsTo view assessments online or make a payment visit our website at : Assessments OnlinePay/ City of Rochester, Minnesota 568 Page 1 of 2 74.35.24.051411TH PT LYING ELY OF FOL DES LINE COM AT SWCOR SD LOT 8 TH NE AL S SECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-008 BLOCK-015 LOT 8 BLK 15 LESS 74.35.24.011761N61.33FT TO BEG LOT 18 BLOCK 2AND S ALLEY TH WLY 37.5FT TO NECOR LOT 2 TH W9.1FT TO SECOR LOT 1 TH SWCOR LOT 17 TH SWLY TO INTERSEC OF S LINE OF E AND W ALLEY AND W LINE N OR PL OF BEG RUN TH E 55.9FT TO NWCOR LOT 17 TH S55FT TO NECOR LOT 1 FSECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-001 BLOCK-002 COM AT 74.35.24.011760TH N55 7/10FT TH SE37 5/10FT TH E40FT TO BEG LOT 18 BLK 2TH S162 3/10FT TH W67 4/10FT TO NECOR LOT 5 TH N108FT TH W10FT TO SECOR LOT 2 E80FT LOT 14 AND W30FT LOTS 14 AND 15 AND COM AT NWCOR LOT 16 BLK 2 RUN SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-014 BLOCK-002 S9 3/10FT 74.35.24.011758SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-017 BLOCK-002 LOT 17 BLK 274.35.24.011757SECT-3 5 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-016 BLOCK-002 LOT 16 BLK 274.35.24.011756SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-014 BLOCK-002 E80FT N30.7FT 74.35.24.011755SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-013 BLOCK-002 LOT 13 BLK 274.35.24.011754SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-012 BLOCK-002 LOT 12 BLK 274.35.24.011753SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-011 BLOCK-002 LOT 11 BLK 274.35.24.011738SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-010 BLOCK-001 LOT 10 BLK 174.35.24.011737SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-009 BLOCK-001 LOT 9 BLK 174.35.24.011736SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-008 BLOCK-001 LOT 8 BLK 174.35.24.001396SECT-35 TWP-107 RANGE-014 AUDITOR'S PLAT B LOT-059 LOT 5974.35.21.012320SECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-007 BLOCK-015 LOT 7 BLK 1574.35.21.012319SECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-006 BLOCK-015 LOT 6 BLK 1574.35.21.012318SECT-35 TWP-107 RANGE-014 MANLEY'S SUB LOT-005 BLOCK-015 LOT 5 BLK 1574.35.21.011740SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-012 BLOCK-001 LOT 12 BLK 174.35.21.011739SECT-35 TWP-107 RANGE-014 LAMPMAN'S REPLAT LOT-011 BLOCK-001 LOT 11 BLK 1follows:project are legally described as The properties subject to special assessments as the result of this public improvement J7837: Reconstruction of 7 Ave NW from 7 St NW to 10 St NWlocal improvement project: , 2024 at 6:00 PM to consider the proposed assessment for the following Rochester, Minnesota, on Monday, April 22Rochester, Minnesota will meet in the Council/Board Chambers in the Government Center, 151 4th Street SE, As required by Minnesota Statutes Chapter 429, notice is hereby given that the Common Council of the City of NOTICE OF HEARING ON PROPOSED ASSESSMENTS LINE THEREOF 95.53FT FOR PT OF BEG OF LINE TO BE DES TH NE53.06FT TO NECOR 569 Page 2 of 2 cityclerk@rochestermn.govPhone: (507) 328-2900 Fax: (507) 328-2901City Clerk of the City of Rochester, MinnesotaKelly K. GeistlerDated this 26th day of March, 2024.be filed within 60 days of the date of Council approval of the assessment ormiscellaneous project.make payments. Application forms are available from the City Clerk’s office. Please note that the application must Section 190.05, Subdivision 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to Minnesota National Guard or other military reserves who is ordered into active military service, as defined in older, by a personretired by virtue of a permanent and total disability, or by a person who is a member of the In Rochester, assessments may be deferred when homesteaded property is owned by a person 65 years of age or Minnesota Statutes, Sections 435.193 to 435.195, allow municipalities the option of deferring special assessments. service upon the Mayor orCity Clerk.30 days after the adoption of the assessment and filing such notice with the district court within 10 days after Minnesota Statutes, Section 429.081, by serving written notice of the appeal upon the Mayor or City Clerk within Common Council at the hearing. Property owners may appeal the assessment to the district court pursuant to property owner and filed with the City Clerk prior to the assessment hearing, or presented to the President of the less a written objection signed by the No appeal may be taken as to the amount of any assessment adopted unthe hearing.consider any written or oral objections presented. The Common Council may approve the proposed assessment at may also present their objections in writingprior to or at the time of the hearing. The Common Council will owners are entitled to appear and present their objection to the charges at the time of the hearing. Property owners A copy of the proposed assessment roll is on file and open for public inspection in the City Clerk’s office. Property The total amount of the proposed assessment for all properties is $136,261.39. 74.35.24.064094TERMINATINGTO A PT ON THE N LN SD LOT 61 95.53FT E OF THE NWCOR THEREOF & THERE 78.18FT FOR THE PT OF BEG OF THE LN TO BE DES TH N 18 DEGREES 23'42"E 53.06FT FOL DES LN COM SWCOR SD LOT 61 TH N 88 DEGREES 49'55"E AL THE S LN THEREOF SECT-35 TWP-107 RANGE-014 AUDITOR'S PLAT B LOT-061 TH PT LOT 61 LYING W OF 74.35.24.064092TERMINATINGTO THE N LNSD LOT 60 78.18FT E OF THE NWCOR THEREOF & THERE 60.83FT FOR THE PT OF BEG OF THE LN TO BE DES TH N 18 DEGREES 23'42"E 53.06FT FOL DES LN COM SWCOR SD LOT 60 TH N 88 DEGREES 49'55"E AL THE S LN THEREOF SECT-35 TWP-107 RANGE-014 AUDITOR'S PLAT B LOT-060 TH PT LOT 60 LYING W OF SD LOT 8 AND THERETERMINATING RESOLUTION570taxes.shall be collected and paid over in the same manner as other municipal to be extended on the property tax lists of the county. Such assessments shall transmit a certified duplicate of this assessment to the county auditor 4.Certification shall occur when the project is substantially complete. The clerk 4.5percent on the unpaid balance amortized. to be spread on the tax rollsover a period of 10 years atan annual rateof 3.If prepayment is not made, the amount will be certified to the County Auditor day interest free period through December 31 of the next succeeding year. is made after November 15, interest will be charged from the beginning of the 30-30-day interest free period to December 31 of the year of payment. If prepayment is made prior to November 15, interest shall be charged from the beginning of the assessment or the first installment thereof to the County Auditor. If prepayment the 30-day interest-free period is allowed any time prior to certification of the county auditor for collection (the 30-day interest free period). Prepayment outside the City that the assessment is due and payable and set for certification to the both adoption of the assessment by the Common Council and written notice from Minnesota 55904. No interest is charged to a prepayment made within 30 days of whose office is located at 201 Fourth Street SE, Room 135, Rochester, 2.The owner of any property may prepay the entire assessment to the City Clerk the amount of the assessment levied against it.included is hereby found to be benefited by the proposed improvement in assessment roll for the lands named therein, and each tract of land therein made a part hereof, is hereby accepted and shall constitute the special 1.Such proposed assessment roll, a copy of which is attached hereto and that: NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochester (“Project”); andReconstruction of 7th Ave NW from 7th St NW to 10th St NW-ImprovementNo. J7837, and heard and passed upon all objections to the proposed assessment for, WHEREAS, pursuantto proper notice duly given as required by law, the council has met NW -Project No. J7837Adopting assessmentfor Reconstruction of 7th Ave NW from 7th St NW to 10th St PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF571Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________CITY CLERKATTEST: _____________________ _____PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. 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tnemmoc?ylno?yam?licnuoC?dna?royaM?ehT??.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.stcapmi?ecruoser?dna?lacsif?on?era?erehT:tcapmI?ecruoseR?&?lacsi M 574 snoitcirtser?emocni?teem?srotcafeneb?taht?tnemeriuqer?gnidnuf?a?si?tI?.srehto?dna?,nedrub?tsoc?gnisuohgnicuder?,stcejorp?pihsrenwo?emoh?ni?desu?eb?nac?taht?3202?ni?sdnuf?etats?fo?629,545$?dedra wa?neebsah?ytiC?ehT?.gnidnuf?diA?gnisuoH?elbadroffA?3202?etacolla?ot?detseuqer?yllanoitidda?si?noitca?licnuoC?)sraey?owt?saw(?margorp?naol?gnivlover?s’gnisuoHaerA?retsehcoR?rof?noitilaoC?htiw?ycnetsi snoc?rof?sraey?evif?rof?gnitner?morf?detcirtser?emoHlavorpparof?licnuoC?ot?emoc?ot?eunitnoc?lliw?slasoporp?elacs-egral?hguorht?elbigile?seidisbus?tnorfpUylevitartsinimda?stnemesrubmier?evorppa?ot?ffa ts?rof?wollA%01?:052>????.iv??????????????????????????????????????????%51?:052-002????.v??????????????????????????????????????????%02?:002-051???.vi??????????????????????????????????????????%03?:051- 001???.iii??????????????????????????????????????????%06?:001-05????.ii??????????????????????????????????????????stinu?IMA?%511?fo?noitrop?:stinu?desoporp?fo?rebmuN???????????????????????????????????? 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stropeR:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE d 575)APRA(?ytilibats?tegdub?citsiloh?htiw?dednuf?eb?ot?margorp?tolip?siht?devorppa?yllanigiro?licnuoC?ehT:tcapmI?ecruoseR?&?lacsiF.seef?ytiC?ni?959,272$?gniviaw?devorppa?II?esahP?doowoyaM?-?gniteeM? licnuoC?:3202?,5?enuJ.stinu?42?rof?tnemesrubmier?eef?devorppA?-?gniteeM?licnuoC?:2202?,41?rebmevoN.stinu?thgie?rof?tnemesrubmier?eef?devorppA?-?gniteeM?licnuoC?:2202?,2?rebmevoN.3202?hguorht?dednetxe ?margorP?toliP?tnemesrubmieR?eeF?-?gniteeM?licnuoC?:2202?,71?rebotcO.snoitadnemmocer?dna?etadpu?margorP?toliP?tnemesrubmieR?eeF?-?noisseS?ydutS?:2202?,21?rebmetpeS.snoitacilppa?noisividbus?fo?lavorpp a?teknalbgnidulcni?,devorppa?margorP?toliP?tnemesrubmieR?eeF?ot?stnemdnemA?-?gniteeM?licnuoC?:2202?,61?yaM.tinu?eno?rof?tnemesrubmier?eef?devorppA?-?gniteeM?licnuoC?:2202?,2?yaM.dezirohtua?margorP?to liP?tnemesrubmieR?eeF?-?gniteeM?licnuoC?:2202?,32?yraurbeF.devorppasevitaitini?tnemtsevni?desoporp?gnisuoH?elbadroffA?5202-2202?-?gniteeM?licnuoC?:1202?,6?rebmeceD:tnemegagnE?ytinummoC?&?snoitcA?evit alsigeL?roirP.tnemesrubmier?retfa?sraey?owt?rof?semoh?rieht?tner?ot?elbanu?era?sgnillewdtneipicer?,eromrehtruF?.resu?dne?eht?tifeneb?sdnuf?desrubmier?eht?erusne?ot?noitamrofni?timbus?tsumstnacilppa?, ksir?siht?etagitim?oT?.sresu?dne?eht?tifeneb?ot?desu?gnieb?ton?sdnuf?desrubmier?fo?ytilibissopeht?si?margorp?siht?fo?ytiuqe?cimonoceoicos?no?tcapmi?evitagen?laitnetop?ehT?.emoc?ot?snoitarenegrof?htla ew?sdliub?stinu?deipucco-renwo?fo?noitaerc?eht?,sdeen?gnisuoh?ruo?troppus?ot?dedeen?erasnoitulos?ynam?hguohT?.stinu?gnisuoh?deipucco-renwo?erom?etaerc?ot?deen?eht?gnieb?eno?,ytinummocruo?ni?spag?gnis uoh?lareves?deifitnedi?tnemssessA?sdeeN?gnisuoH?dleifxaM?ehT?.ytiuqe?cimonoceoicosgnirehtruf?hguorht?noisulcni?dna?,ytiuqe?,ytisrevid?fo?tnemngila?ytinummoc?eht?stroppus?margorp?sihT?deeccuS?oT?nalP? 0402?:nalP?evisneherpmoC?-?erutufeht?ni?dna?won?,gnisuoh?elbadroffa?,etauqeda?ot?ssecca?lauqe?dna?riaf?gnivah?elpoep?lla?troppuSytiroirP?licnuoC?ytiC?-?yteirav?gnisuoh?gnitroppus?yb?gnivil?elbadroffa ?rehtruFtnemssessA?sdeeN?gnisuoHytnuoC?detsmlO?dleifxaM?0202?-?gnisuoh?elbadroffa?deipucco-renwo?fo?tnempoleved?eht?troppuS:woleb?deniltuosa?margorP?noitaerC?pihsrenwO?emoH?eht?fo?slaog?ycilop?llarev o?eht?troppus?lliw?sdrawa?gnidnuF?.gnisuoh?elbadroffa?fo?tnempolevedeht?gnitroppus?yb?slaog?eseht?sesserdda?yllacificeps?margorP?noitaerC?pihsrenwO?emoH?retsehcoRfo?ytiC?ehT?.stnediser?rof?snoitpo?gn isuoh?elbadroffa?dna?esrevid?edivorp?dna?etomorp?ot?sevirts?ytiC?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimonocEgniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroirP.emi t?revo?ti?gniviecer?tneipicer?eht?naht?rehtar?tneipicer?a?ot?diap?sexat?fo?tnuoma?eht?tnorfot?desu?eb?dluoc?dnuf?diA?gnisuoH?elbadroffA?eht?morf?gnidnuF?.sraey?5-3?rof?)devorppa?fi?sexat?ytnuoCdna(?s exat?ytreporp?ytiC?gnitaba?sredisnoc?taht?margorp?tnemetaba?tolip?a?kcab?gnirb?lliw?setammaeT?.tnuoma?detamitse?eht?fo?%09?eviecer?dluowtnemyap?tnorfpu?na?eviecer?ot?gnitcele?srenwoemoH?.dehsilbatse? si?margorp?a?ecno?tnemyaplaunna?na?naht?rehtar?tnemyap?tnorfpu?emit-eno?a?tseuqer?taht?srenwoemoh?troppus?ot?desu?ebdluow?gnidnuF?.srenwoemoh?rof?tnemetabA?troppus?ot?margorp?gnivlover?a?ot?769,272?$ ?etacollA?.2.margorP?noitaerC?pihsrenwOemoH?eht?rof?gnidnuf?seerf?,nrut?ni?,sihT?.sreviaw?eef?rof?II?esahP?doowoyaM?ot?959,272$?etacollA?.1:swollof?sa?gnidnuf?gnitacolla?esoporp?setammaeT?.esu?gnidnu f?no?gnidnepe f 576 senilediuG?margorP?noitaerC?pihsrenwO?emoHgnidnuF?diA?gnisuoH?dna?margorP?noitaerC?pihsrenwoemoH?no?noitatneserPdiA?gnisuoH?elbadroffA?3202?dna?margorP?noitaerC?pihsrenwO?emoH?-?noituloseR:stne mhcattA snedE?nyraT:yB?deraperP.stinu?deipucco-renwo?fo?noitaerc?eht?gnitroppus?ni?yaled?a?ni?stlusersenilediug?margorp?dna?gnidnuf?desoporp?fo?laineD?.emit?siht?ta?detseggus?era?snoitca?evitanretla? oN:)s(noitcA?evitanretlA?.elbaliavaemoceb?sdnuf?sa?,margorp?siht?rof?ecruos?gnidnuf?erutuf?a?deredisnoc?si?dnuf?ytilatiV?cimonocE?ehT?.lavorppa?licnuoC?ytiChtiw?tnemtrapeD?tnempoleveD?ytinummoC?retse hcoR?fo?noitercsid?dna?tcejorp?desoporp?yltnednepednieht?no?desab?denimreted?rehtar?tub?,stnuoma?drawa?mumixam?ot?detimil?ton?era?seidisbus?tnorf-pu?rof?gniyfilauq?stcejorP?.tinu?rep?000,02$?deecxe?o t?ton?tub?,ytilibigile?yb?denimreted?si?dedrawa?eb?ottnuoma?tnemesrubmier?eef?mumixam?ehT?.sisab?evres?tsrif?,emoc?tsrif?a?no?dedivorp?si?troppus?gnidnuF?.margorP?noitaerC?pihsrenwO?emoH?eht?rof?deso pruper?eb?nac?taht?959,272$?gnieerfsuht?,reviaw?eef?II?esahP?doowoyaM?eht?rof?gnidnuf?fo?ecruos?eht?sa?gnidnuf?diA?gnisuoH?elbadroffAdedrawa?etatS?eht?gnitacolla-er?dnemmocer?setammaet?ytiC?.tcejorp? II?esahP?doowoyaM?eht?troppusot?seef?ytiC?eviaw?ot?959,272$?gnitacolla-er?gnidulcni?,tneps?neeb?sah?detacolla?gnidnuf?llA?.gnidnu RESOLUTION577Phase II for fee waivers and $ 272,967 to a revolving Abatement program for homeowners.nding of $272,959 to Mayowood approves the Allocation of 2023 Affordable Housing Aid Fuby the Common Council of the City of Rochester, MN hereby BE IT FURTHER RESOLVED .ousinghccupied o-wneroreation of cupport the sProgram to Home Ownership Creation roposed phereby approves the MN, NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Rochesterbatement program for homeowners.an and allocate $ 272,967 to ato waive fees II llocate $272,959 to Mayowood Phase WHEREAS, Affordable Housing Aid funding shall ahousing needs.to support various communitybe used which canfunding WHEREAS, The City has been awarded $545,926 in 2023 of Affordable Housing Aid housing unit(s) built for $350,000 or less. occupied -ruary 23, 2022. The pilot program supported the development of ownerFebCouncil previously approved the Fee Reimbursement Pilot Program on WHEREAS, .unitsa standard household earning 115% AMI could afford based on the number of proposed proposed, and a portion of the homes are priced at or below the maximum housing price are if at least 50 homes provides upfront subsidies Program Home Ownershipon eligibility.occupied housing unit(s), dependent -the development of ownerpaid fees for -Program reimburses up to $20,000 in CityHome OwnershipThe WHEREAS,.undingFllocation of 2023 Affordable Approving the Aousing and Hccupied O-wnerOof reation Cupport the SProgram to Home Ownership Creation Approving the Proposed PASSED AND ADOPTED BYTHE COMMON COUNCILOF THE CITY OF578 Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. HOME OWNERSHIP CREATION 579 Housing & Neighborhood Services AFFORDABLE HOUSING AIDPROGRAM AND Request 580 2 City (no longer a pilot). a permanent offering by the Ownership Creation Program Establish the Home 2.Pilot Program Guidelines. formerly Fee Reimbursement Approve changes to the 1.Approve the Home Ownership Creation Program– SLIDE 581 Previously Approvedthe reimbursements benefit the buyer. Applicant required to demonstrate how •Max sale price of $350,00•occupied housing units. -ownerreimbursements for the development of Pilot offered up to $20,000 in city fee •Program.(ARPA) for Fee Reimbursement Pilot $500,000 of American Rescue Plan Act •3 SLIDE 582 4 Preservation of our current housing stock 5.Create additional senior housing options4.Area Median Income Housing for those earning less than 50% 3.ColorIncrease Home Ownership for People of 2.New Home Ownership opportunities1.FINDINGSPRIORITIES PER MAXFIELD TOP FIVE HOUSING Reimbursements Thus Far 583 5 II project. MayowoodRemaining $272,959.00 reallocated to •covers staff time–$1,500 in administrative fees •$223,480.32 day, totaling -supported to 35 units • Proposed Changes 584 429,000 would be $year the maximum price price change yearly. This AMI and maximum home : 15%>250250: 20%-200200: 25%-150150: 30%-100100: 60%-50# of Proposed Units: Min. Portion of 115% AMI Unitshomesoverall sale price of Upfront subsidy to lower 115% AMIaffordable to household at meet maximum sale price must have portion of units Proposals of 50+ units $20,000Fee reimbursement up to household at 115% AMI price affordable to Homes maximum sale Consolidated ApplicationBuilder Applies via 6 Two ways to qualify for support with different funding awards.1. Proposed Changes cont.585 7(was 2 years)Coalition for Rochester Area Housing’s revolving loan program Home restricted from renting for 5 years for consistency with 4.alapprovstill come to Council for scale proposals, would -Upfront subsidies eligible through large3.This will speed up the process of approving reimbursements•longer required to bring to Council for approvalNo –Allow for staff to approve reimbursements administratively 2. Not Changing 586 8% reimbursements for fees paid within 3 years753.Through closing cost concessions, lowering final sales price, etc. •benefitting the buyerBuilder required to demonstrate the reimbursements are 2.reimbursementMaximum reimbursement of $20,000 when qualifying for 1. Request 587 9 for homeownersrevolving Abatement program Allocate $ 272,967 to 2.program)Home Ownership creation waivers (frees funding for Phase II for fee MayowoodAllocate $272,959.00 to 1.Allocate Affordable Housing Aid Fund– SLIDE 588 Previously Approvedserving high priority homeless householdsat 50% AMI, 18 units at 30% AMI, and seven income senior residents, 18 units -unit rental property -Apartments) is a 36Phase II (renamed to Trailside Mayowood•Reimbursement Pilot Program.American Rescue Plan Act (ARPA) for Fee Phase II of the set aside $500,000 of Mayowoodsupport the development of Use $272,959.00 to waive City Fees to •11 SLIDE 589*If approved, $272,959 would allocate back to Home Ownership Creation Program for use$ 272,967 REVOLVING ABATEMENT PROGRAM FOR HOMEOWNERS$272,959.00 *TRAILSIDE APARTMENTS FEE WAIVER$545,926TOTAL ALLOCATION Council Action Requestedrevolving Abatement program for homeownersStaff will return with formal program guidelines for -Approve Allocation of Affordable Housing Aid Funding•Approve/Adopt Home Ownership Creation Program•12 Questions or comments?590 591 7090-4001 West River Parkway NW, Suite 100 Rochester, MN 55901 CITY OF ROCHESTER 4202 Policy Guidelines PROGRAM CREATION HOME OWNERSHIP City of Rochester 592 occupied housing units.-family, (attached and detached) owner-a) Development of new single Projects eligible for fee reimbursements are: No one unit supported can exceed a sales price of $500,000. .Limitsprogram the housing unit must be located within the City in this support fundingTo be eligible for Requirements Eligibility 3. occupied housing -owner to housing occupied-rental existing of Use-Re Lowest dwelling unitsNew Construction proposing to create a high volume of High infrastructure servicesexisting with use-re adaptive or Construction New High Type Housing Priority Matrix Priority Reimbursement Fee the future.now and in housing, affordable adequate to access equal and fair having people all Support • prices.and housing typesdiverse housing the development of supporting by living affordable Further • occupied housing citywide.-of owner • Program are: Home Ownership Creationgoals of the The Goals Program 2. with City Council approval. independently proposed project and discretion of Rochester Community Development Department subsidies are not limited to maximum award amounts, but rather determined based on the Projects qualifying for upfront mmunity Development Department.discretion of Rochester Coreimbursements are subject to funding availability and are reviewed at the fee All unit. per $20,000 determined by eligibility, but not to exceed is awarded be to amount reimbursement fee maximumhe When qualifying a proposal through reimbursement, t .lower the final price of the home builtall or a portion of City fees assessed or providing an upfront subsidy to ingby either reimburs unitsoccupied housing -to the development of ownercontributes ProgramCreation Home OwnershipThe development of affordable housing.addresses these goals by supporting the Program specifically Creation Home Ownershipoptions for residents. The City of Rochester housing affordable and diverse provide and promote to of Rochester City the of policy the is It Introduction 1. Guidelines Program Creation Home Ownership Rochester of City 2Page Program GuidelinesFee Reimbursement City of Rochester 593 Additional Requirements and Conditions 6. Department with City Council approval. based on the independently proposed project and discretion of Rochester Community Development front subsidies are not limited to maximum award amounts, but rather determined -qualifying for upProjects unit. per $20,000 is determined by eligibility, but not to exceed awarded be to amount reimbursement fee The maximum is provided on a first come, first serve basis.support Funding Upfront subsidy to offset City fees to be assessed and lower final price of home. • occupied housing units. -Fee reimbursement of all or a portion of City fees related to the development of owner • City. The method and type of award is determined based on eligibility and include the following:to funding availability and available at the discretion of the subject are support awards funding All Support AwardsFunding 5. units. housing occupied-renter of Development c) components. residential no with project Any b) .Rochester City Limits the of outside project Any a) :Creation Program Home Ownership the under ineligible considered are uses following The UsesIneligible 4. %51 %20 %52 30% 60% 115% AMI Units Minimum Requirement of >250 250-200 200-150 150-100 100-50 Proposed Units Number of proposed units as follows:based on the number of housing price a standard household earning 115% AMI could affordat or below the maximum priced homes are proposed, and a portion of the homes areupfront subsidies if at least 50 eligible for are soccupied housing unit-wner Creating High Volume of Housing: 2. . 429,000$eligible for reimbursements in this this program is The current maximum sales price 8 Program. These numbers are updated on a yearly basis. income limit is determined by the US Department of Housing and Urban Development, Section could afford. The below the maximum housing price a standard household earning 115% AMI occupied housing unit is eligible for reimbursements if the sale price of the unit is at or -An owner Sales Price of Home: 1. in two different ways: funding supportProjects can qualify for occupied housing.-residential development to owner-use of non-b) Re 3Page Program GuidelinesFee Reimbursement City of Rochester 594 . subsidy provided. either through down payment assistance or reduction of the value of the home less the This includes evidence of support benefitting the purchasing household .of the programverifying that the constructed dwelling unit meets the eligibility requirements processed upon form which will be Request Fundinga receive and notified be will the applicant approved, If 2. the Community Development Department for assistance if needed. contact may Applicants .submitted to the Rochester Community Development Departmentand should be available online is for this program The City’s Consolidated Application for Housing Funding 1. Application Process 7. .The City reserves the right to deny any application • deducted from program funding. and application the per applied be of $500 shall fee administrative refundable-non A • years of the sale. five within renting from restricted are units Housing • reimbursement request. 75% of retroactive fees may be reimbursed, up to three years from the date of fee • 4Page Program GuidelinesFee Reimbursement M 595.stol?eseht?fo?tnempoleved?eht?gnidrager?semoH?tsriF?htiw?gnikrow?eunitnoc?ew?taht?sdnemmocerytnuoC?ehT?.tnereffid?yltnacifingis?spahrep?,setis?eht?neewteb?tnereffid?eb?lliw?tliub?eb?ot?ngised?g nisuoheht?,sezis?tol?no?desaB?.sgnillewd?dehcated?ylimaf-elgnis?rof?gniwolla?stol?regral?era?stoL?setatsE?ediSyellaV?eht?elihw?,sgnillewd?dehcatta?ylimaf-elgnis?htiw?depoleved?eb?ot?ylekil?,stol?tcap moc?,llams?gniebstol?sliarT?daetsemoH?eht?htiw?,stol?sliarT?daetsemoH?eht?dna?stol?setatsE?ediS?yellaV?eht?neewteb?sezistol?eht?ni?ecnereffid?eht?ot?eud?yliramirp?si?elacs?fo?seimonoce?niag?ot?ytilib ani?ehT?.setis?owt?eht?htiwelacs?fo?seimonoce?etapicitna?t'nod?ew?dna?erutxim?eht?ot?stol?lanoitidda?dda?ot?yticapac?eht?t'nsi?erehT.tnempoleved?eht?no?noos?emit?yna?evom?ot?elba?eb?t'ndluow?ylekil?y eht?dna?,meht?rof?margorp?wena?si?sgnillewd?ylimaf-elgnis?fo?tnempoleved?eht?sa?,stol?setatsE?ediS?yellaV?eht?rof?margorp?sti?gnipolevedllits?si?ytnuoC?ehT?.tsurT?dnaL?ytinummoC?eht?ni?decalp?eb?ot?d ednetni?era?yeht?,depoleved?yletavirpeb?ot?detapicitna?era?stol?setatsE?ediS?yellaV?eht?hguohtlA?.stol?eht?fo?tnempoleved?eht?rof?repolevedetavirp?a?ticilos?ot?)PFR(?lasoporP?rof?tseuqeR?a?etelpmoc?o t?dnetni?yeht?,ytnuoC?eht?htiw?snoitasrevnocnI?.tnempoleved?setatsE?ediS?yellaV?eht?ni?desahcrup?yltnecer?ytnuoC?detsmlO?taht?stol?01?ehthtiw?degakcap?eb?dluoc?stol?eseht?rehtehw?no?noissucsid?saw?er eht?,gniteem?licnuoC?ht8?lirpA?eht?gniruD?.nosaes?gniworg?5202?eht?rof?ydaer?si?ti?taht?os?nedrag?eht?etacoler?ot?doohrobhgieneht?htiw?krow?lliw?ffatS?.nosaes?gniworg?4202?eht?rof?ecalp?ni?niamer?ot? nedrag?doohrobhgien?eht?rofswolla?ES?tC?gniK?gnola?stol?eht?gniyevnoc?no?gnitiaW?.5202?,1?yraunaJ?retfa?deyevnoc?eb?ton?dluow?EStC?gniK?gnola?stol?owt?eht?dna?elbissop?sa?noos?sa?deyevnoc?eb?dluow?ES ?tC?elliveN?gnola?stol?ruof?ehT?.ytiC?eht?ot?kcab?trever?lliw?6202?fo?dne?eht?yb?depoleved?t'nsi?taht?tol?ynA?.level?)IMA(emocnI?naideM?aerA?%08?eht?woleb?ro?ta?eb?ot?deen?dluow?sreyub?emoh?dna?,tsur T?dnaL?ytinummoCeht?otni?stol?eht?tup?dluow?semoH?tsriF?.gnisuoh?ylimaf-elgnis?deipucco-renwo?fo?noitcurtsnoc?ehtrof?semoH?tsriF?ot?stol?eht?yevnoc?dluow?ytiC?eht?,tnemeerga?esahcrup?detfard?eht?no?d esaB?.seitreporPsemoH?tsriF?ot?dlos?eb?tnempoleved?sliarT?daetsemoH?eht?nihtiw?stol?xis?eht?taht?desoporp?gnieb?si?tI?.noissucsideht?no?desab?lasopsid?rof?"ytiroirp?hgih"?a?deredisnoc?erew?stol?sliar T?daetsemoH?ehT?.seitiroirpcigetarts?s'licnuoC?eht?hsilpmocca?ot?yaw?a?ni?desoprup-er?eb?dluoc?taht?seitreporp?denwO-ytiC?larevesgnidrager?snoissucsid?erew?ereht?1202?nI?.0102?ecnis?stol?owt?no?nedra g?a?gniniatniam?doohrobhgieneht?htiw?,tnemtrapeD?noitaerceR?dna?kraP?s'ytiC?eht?yb?deniatniam?neeb?sah?ytreporp?eht?,neht?ecniS.s0991?eht?ni?tnempoleved?sliarT?daetsemoH?eht?nihtiw?sdnal?lanoitidda?d na?stol?xis?deriuqca?ytiC?ehT:evitarraN?tropeR.seitreporP?semoH?tsriF?ot?talpeR?tsriF?sliarT?daetsemoHfo?01?kcolB?,62-32?stoL?dna?1?kcolB?,2-1?stoL?refsnart?ot?tnemeerga?esahcrup?a?fo?noitucexe?gnizi rohtuA:detseuqeR?noitcA???2.HsemoH?tsriF?ot?stoL?sliarT?daetsemoH?fo?refsnarT NOITCA?ROF?TSEUQER ybnevS?tnerB:RETNESERPsnoitadnemmoceR?dna?stropeR:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO 4202?,22?lirpA:ETAD?GNITEE P 596 stoL?talpeR?tsriF?sliarT?daetsemoH?-?tnemeergA?esahcruPtnemeergA?esahcruP?stoL?sliarT?daetsemoH?-?noitatneserP:stnemhcattA ybnevS?tnerB:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretl a?oN:)s(noitcA?evitanretlA.gnisuoh?depoleved?eht?fo?srenwo?erutufeht?rof?tnempoleved?htlaew?dna?pihsrenwo?emoh?rof?seitinutroppo?gnidivorp?osla?elihw?,secivres?ytiCgnidivorp?eunitnoc?pleh?ot?stol?eht ?no?xat?ytreporp?tcelloc?ot?ytiC?eht?wolla?lliw?stol?eht?fo?tnempoleveD:tcapmI?ecruoseR?&?lacsiF.deinednoitca?-?tsil?eht?morf?11#?ytreporp?evomer?ot?noitcA?detaitinI?licnuoC?-?gniteeM?licnuoC?:3202?, 42?yluJ.dednemmocergnisuoh?elbadroffa?rof?ytreporp?krap?ssecxe?fo?lasopsiD?-?gniteeM?draoB?kraP?:3202?,2?yaM.etadpU?noitisopsiD?lecraP?ytiC?-?noisseS?ydutS?licnuoC?:3202?,6?hcraM.seitiroirp?cigetarts ?gnihsilpmoccarof?etatse?laer?ytiC?gnitsixe?esu?ot?seigetarts?devorppA?-?gniteeM?licnuoC?:1202?,61?tsuguA.seitiroirp?cigetarts?s'licnuoC?eht?sehsilpmoccataht?yaw?a?ni?desoprup-er?eb?dluoc?taht?seitre porp?dessucsiD?-?noisseS?ydutS?licnuoC?:1202?,62?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.slevel?IMA?%08?wolebro?ta?emocni?na?gninrae?era?ohw?slaudividni?ot?seitinutroppo?pihsrenwoemoh?e divorp?lliw?semoH?tsriFot?stol?eht?gnirrefsnarT?.stnediser?rof?snoitpo?gnisuoh?elbadroffa?dna?esrevid?etomorp?ot?sevirts?ytiC?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP tnemeganaM?htworG?&?ycnarbiV?cimon ocEgniviL?elbadroffA:selpicnirP?lanoitadnuoF?&?seitiroir HOMESTEAD TRAILS LOTS 597 City Council Meeting April 22, 2024HOMES CONVEYANCE TO FIRST SLIDE 598 Request 2SLIDE First Homes Properties Block 10 of Homestead Trails First Replatto transfer Lots 1-2, Block 1 and Lots 23-26, Execution of a Purchase Agreement to SLIDE 599 3 Prior Actions#11 from list –Denied •July 24, 2023 –Council Initiated Action to remove property Property •May 2, 2023 –Park Board Action to disposal of excess park •March 6, 2023 –City Parcel Disposition Updatereal estate for accomplishing strategic priorities •August 16, 2021-Approved strategies to use existing City accomplishes the Council's strategic prioritiesproperties that could be re-purposed in a way that •July 26, 2021 –Study Session –Council discussed several SLIDE 600 Homestead Trails 4SLIDE moving the garden to the end of Kings Court SE•Discussions with Parks and Neighborhood members -two of the lots•Neighborhood has established a neighborhood garden on times•Have met with neighborhood representatives a handful of •Lots acquired as part of larger parkland acquisition SLIDE 601 Homestead Trails 5SLIDE of 2026•Lots would revert back to City if not developed by the end less than 80% AMI•Homeowners must gross annual family income equal to or •Lots would be put into the Community Land Trust Court SE conveyed next year•Lots on Neville Court SE conveyed this year, lots on Kings •Convey to the lots to First Homes QUESTIONS?602 603 acquisition.WHEREAS, the parties desire to formalize the compensation and other conditions of this property after January 1, 2025.on or Lots 1 and 2, Block 1 Homestead Trails First Replat shall occur The transfer of Agreement.the execution of this will occur as soon as feasible followingTrails First Replat 26, Block 10 Homestead , 24, 25 and Lots 23The transfer of ccupied single family housing. o-income ownerHomes for the completion of moderate to First Propertytransfer the has agreed to the City WHEREAS, A SEE ATTACHED EXHIBIT described as follows: Property isThe approximately 2010.the lots since of )2two (and the neighborhood has maintained a neighborhood garden on space of the lots as open )4(four and the City has been maintaining 1996deeded to the City in Property washe WHEREAS, t .eets the affordable living strategic prioritym Propertyoccupied single family housing on the -WHEREAS, developing moderate income owner usingof single family were suitable for the development ”) Property referred to as the “collectively (hereinafter evelopment the Homestead Trails D withCity owned lots (6) housing the City determined that the sixoccupied single family -moderate income ownerWHEREAS, in order to promote the development of accomplishing strategic priorities. n August 2021 the City Council approved strategies to use existing City real estate for iWHEREAS ").sFirst Home(hereinafter referred to as " profit corporation-non Minnesota PROPERTIES, FIRST HOMES a Minnesota municipal corporation, (hereinafter referred to as "City") and CITY OF ROCHESTER, between the 42THIS AGREEMENT, made this ____ day of _________, 20 PURCHASE AGREEMENT 604 Property to First Homes and will be enforceable until the stated date. and conditions of paragraph 6 of this Agreement shall survive the closing and transfer of the The terms 11. greement shall be governed by and construed under the laws of the State of Minnesota.AThis 10. .Property individual lots within thethe First Homes is responsible for any development charges that are applicable based on the development of 9. rowing season.gwith the neighborhood to move the garden for the 2025 The City will work shall remain through 2024. 1 The neighborhood garden located on Lots 1 and 2, Block 8. .dwelling is sold to an eligible homeowner at the time a developed single family Properties by First Homesprogram administrated shall be placed in the Community Land Trustwithin the Property individual lot Each 7. greement.A this provision of this, incurred in enforcing ts, including attorney’s fees all costhe City. First Homes shall reimburse the City for any and to within the Property lot(s) t title to those reverto t to the City, and First Homes will execute such deeds and other documents as may be necessary rreveshall lot the 6,202by the end of homeowner structed and sold to an eligible lot that hasn’t had a home con On any and sell them only to eligible homeowners. shomes constructed on the lotfamily -singlewill have Homes with the express understanding and agreement that First Homes The lots are transferred to First 6. applicable calendar year.for the sizeas adjusted for family MSA,Rochester the for )HUDand Urban Department (the US Department of Housing as that figure is determined and announced from time to time by e Rochester MSA, median income for thwide -Median Income. Median Income means the arealess than 80% of the equal to or The homeowners must have a gross annual family income b. The homeowners must be natural persons. a. occupied single family housing:-eowner eligibility requirements of the moderate income ownerHom 5. . shall occur on a date mutually agreed upon by both parties Propertyon the Closing 4. at the time of transfer. Propertywhich are outstanding on the responsible for the payment and release of all taxes and special assessments, if any, shall be First Homes 3. .deedCity shall be responsible for all other costs associated with the recording of the The the Olmsted County Treasurer. deed tax payable tostate shall be responsible for the sFirst Home 2. .warranty deed by sFirst Hometo Property he to grant and convey t sagree The City. Property the ofthe acquisition as the total and complete compensation related to 1 per lot the sum of $ shall pay to the City sirst HomeF 1. parties as follows:the mutual premises set forth above, it is agreed between the NOW, therefore, in consideration of 605 (The remainder of this page has intentionally been left blank.) any other claims or liability related to the project.rs, employees and agents, from the City, its office sfurther release sFirst Homegreement. regarding this Afied herein given. There are no understandings, agreements, or representations, oral or written, not specibe effective only in the specific instance and for the specific purpose modification or change, if made, shallgreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, Aor change of the terms of this prior negotiations related thereto. No waiver, consent, modification, nd all other greement constitutes the entire agreement between the parties and supersedes any aA This 12. 606 2024 , Dated _____________________________ City Clerk Kelly K. Geistler, ATTEST: _______________________________ 2024 , Dated _____________________________ Mayor Kim Norton, _____________________________________ BY a Minnesota municipal corporation ,CITY OF ROCHESTER, MINNESOTA written.IN WITNESS WHEREOF, the parties set their hands and seals as of the date and year first above 607 Rochester, MN 55901 4001 West River Parkway NW Community DevelopmentRochester This Document Drafted By: NOTARY PUBLIC same for and on behalf of the corporation.person executing the Minnesota nonprofit corporation, and who is personally known by me to be the , a PROPERTIES SFIRST HOME____________________, the __________________ of , by e this __ day of __________, 2024The foregoing instrument was acknowledged before m ___________)COUNTY OF ) SS STATE OF _____________) Its: By: corporation Minnesota nonprofita ,PROPERTIES SFIRST HOME EXHIBIT A 608 , Olmsted County, MinnesotaFirst Replat Lot 26, Block 10 Homestead Trails , Olmsted County, MinnesotaLot 25, Block 10 Homestead Trails First Replat , Olmsted County, Minnesota Lot 24, Block 10 Homestead Trails First Replat , Olmsted County, MinnesotaLot 23, Block 10 Homestead Trails First Replat , Olmsted County, MinnesotaLot 2, Block 1 Homestead Trails First Replat , Olmsted County, MinnesotaLot 1, Block 1 Homestead Trails First Replat M 609 htiw?XNA100-4202DC?noitacilppa?noitaxenna?devorppa?licnuoC?ytiC?eht?,gniteem?4202?,8?lirpA?rieht?tA??.etis?eht?gnidnuorrus?tnempoleved?laitnediser?ytisned-muidem?gnitsixe?dna?erutuf?htiw?tcirts id?gninoz?ehtfo?ytilibitapmoc?dna?,retcarahc?erafhguoroht?teerts?lairetra?,txetnoc?tnempoleved?gnitsixe?,noitacifissalCesU?dnaL?S2P?DBC?eht?no?desab?etairporppa?eb?ot?ti?gnidnif?ytreporp?eht?rof?gnin oz?detseuqereht?stroppus?tnempoleveD?ytinummoC?.sdoohrobhgien?laitnediser?gnidnuorrus?htiw?elbitapmoc?osla?sitaht?elacs?elbaklaw?a?ta?depoleved?,sesu?civic?dna?,liater?,seciffo?fo?saera?yldneirf-nair tsedep?rof?edivorpot?dednetni?si?enoz?C-XM?eht?seton?CDU?ehT?.noitangised?esu?dnal?nalP?evisneherpmoC?DBC?ehthtiw?sa?detangised?aera?etis?eht?nihtiw?enoz?C-XM?eht?fo?noitangised?eht?detseuqer?sah?tna cilppa?ehT.noitacifissalc?tcirtsid?gninoz?3-R?eht?htiw?dedivorp?eb?yrogetac?esu?dnal?laitnediseR?ytisneD-muideM?ehtnihtiw?detacol?ytreporp?eht?fo?noitrop?eht?taht?detseuqer?sah?tnacilppa?ehT?.tcirtsi d?siht?ni?dettimrep?era,sesu?yrallicna?etanidrobus?rehto?dna?,tnempoleved?xelpruof?,sexelpirt?,sesuohnwot?sa?hcus?,sesu?rehtO.smuinimodnoc?dna?stnemtrapa?sa?hcus?stinu?gnisuoh?ylimaf-itlum?setadommoc ca?yllareneg?tcirtsidsihT?.)laitnediseR?ytisneD-muideM(?3-R?si?nalP?evisneherpmoC?S2P?eht?ni?debircsed?noitacifissalc?RDMeht?htiw?tnetsisnoc?eb?ot?dnuof?noitangised?gninoz?)CDU(?edoC?tnempoleveD?deif inU?elbatius?ylno?ehT??.)DBC(?tnempoleveD?ssenisuB?dna?laicremmoC?fo?serca?52?dna?)RDM(?laitnediseRytisneD-muideM?fo?serca?02?ot?)RDL(?laitnediseR?ytisneD-woL?morf?)serca?ten(?ytreporp?fo?serca54?yle tamixorppa?fo?noitangised?esu?dnal?eht?degnahc?tnemdnema?ehT?.etis?tcejbus?eht?rof?)APC200-3202DC(?tnemdnemA?nalP?esU?dnaL?nalP?evisneherpmoC?a?devorppa?licnuoC?eht?,3202?,01?yluJ?nO??.)DBC(?tnempole veD?ssenisuBdna?laicremmoC?dna?)RDM(?laitnediseR?ytisneD?muideM?fo?snoitacifissalc?nalP?evisneherpmoCS2P?gniylrednu?eht?htiw?ecnamrofnoc?ni?tcirtsid?gninoz??)retneC?esU-dexiM(?C-XM?fo?serca?52?dnaeti s?eht?fo?serca?02?no?)laitnediser?ytisned-muidem(?3-R?eht?ot?enoz?fo?egnahc?a?stseuqer?dna?ytreporptcejbus?eht?fo?noitaxenna?skees?tnacilppa?ehT?.sedis?htuos?dna?tsew?eritne?sti?no?ytiC?eht?ot?suougi tnocsi?dna?stimil?detaroprocnI?retsehcoR?fo?ytiC?eht?edistuo?detacol?yltnerruc?si?ytreporp?ehT?.WN?evA?ht81dna?WN?tS?ht55?fo?renroc?tsaehtron?eht?ta?detacol?)serca?ten?54(?serca?ssorg?14.74?si?etis?t cejbus?ehT:evitarraN?tropeR.WN?evA?ht81?dna?WN?tS?ht55fo?renroc?tsaehtron?eht?ta?detacol?,)C-XM(?retneC?-?esU?dexiM?ot?dnal?fo?serca?52?dna?)3-R(?laitnediseRytisneD-muideM?ot?dnal?fo?serca?02?no?noit angised?gninoz?fo?egnahc?dna?etis?erca-14.74?a?etaroprocniot?,seitreporP?ynohtnA?yb?,XNA100-4202DC?.oN?noitacilppA?fo?gnidaeR?tsriF?eht?gniliF?dna?gnivieceR:detseuqeR?noitcA???1.JseitreporPynohtnA?yb ?XNA100-4202DC?.oN?noititeP?noitaxennA NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?tsriF?ecnanidrO:NOITCES?ADNEGAtnempoleveD?ytinummoC:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE t 610 seitreporP?ynohtnA?-?XNA100-4202DC?-?ecnanidrO:stnemhcattA hguoeGcM?dnomseD:yB?deraperP.emit?siht?ta?detseggus?era?snoitca?evitanretla?oN:)s(noitcA?evitanretlA.tcartnoc?renwO-ytiC?ro/dna?tnemee rgatnempoleved?a?ni?deniltuo?eb?lliw?dna?repoleved?eht?fo?ytilibisnopser?eht?eb?lliw?stsoc?tnempoleved?llA:tcapmI?ecruoseR?&?lacsiF???lavorppA?&?gniraeH?cilbuP?-?licnuoC?ytiC?:4202?,8?lirpAnitelluB?t soP?ni?dehsilbup?dna?deliam?gniraeH?cilbuP?licnuoC?ytiC?fo?ecitoN?:4202?,4?hcraM?gniraeH?cilbuP?-?noissimmoC?gninoZ?dna?gninnalP?:4202?,82?yraurbeFgniteeM?noitamrofnI?doohrobhgieN?:4202?,03?yraunaJ?) APC200-3202DC(?tnemdnemA?nalP?esU?dnaL?fo?lavorppA?&?gniraeH?cilbuP?-?gniteeM?licnuoC?:3202?,01?yluJ:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roirP.ytilibaniatsus?lacsif?gnizisahpmeyb?nalP?evisnehe rpmoC?eht?fo?seicilop?dna?slaog?eht?srehtruf?tseuqer?dnaL?fo?noitaxennA?ehT:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFtnemeganaM?htworG?&?ycnarbiV?cimonocE:selpicnirP?l anoitadnuoF?&?seitiroirP?.2-5?foetov?a?yb?stcirtsid?gninoz?)retneC?esU?dexiM(?CXM?dna??)laitnediseR?ytisneD?muideM(?3-R?detseuqer?eh ORDINANCE NO. _____________611curve, concave northeasterly, having a central angle of 40 degrees 36 minutes 26 seconds minutes 19 seconds East, 319.10 feet; thence southeasterly 141.75 feet along a tangential South 40 degrees 55 minutes 41 seconds West, 201.41 feet; thence South 49 degrees 04 550.00 feet; thence South 00 degrees 16 minutes 57 seconds East, 959.18 feet; thence 57 seconds East, 412.45 feet; thence South 89 degrees 42 minutes 26 seconds East, 89 degrees 42 minutes 26 seconds East, 466.20 feet; thence South 00 degrees 16 minutes 00 degrees 14 minutes 29 seconds West, along said west line, 2095.92 feet; thence South said Southeast Quarter, 75.00 feet to the POINT OF BEGINNING; thence continue North the Olmsted County Coordinate System NAD '83, Adjusted 1996), along the west line of North 00 degrees 14 minutes 29 seconds West (NOTE: All bearings are in relationship with Commencing at the southwestcorner of the Southeast Quarter of said Section 10; thence Olmsted County, Minnesota described as follows:That part of the Southeast Quarter of Section 10, Township 107 North, Range 14 West, described in the annexation request is described as follows:the Common Council annex said land to pursuant to Minn. Stat. §414.033Subd.2(3). The land Section 3. The City of Rochester Community Development Departmenthas requested that in size, and is not served by a wastewater facility other than the City of Rochester.Section 2. Whereas the subject property abuts the City of Rochester, is less than 120 acres Rochester.petition by the landowner requesting the annexation of the subject property by the City of Section 1. Whereas the subject Community Development Department has received a THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:AVENUE NW. H STREET NW AND 18 TH CORNER OF 55APPROXIMATELY 47.41 ACRES, LOCATED AT NORTHEAST AN ORDINANCE ANNEXING TO THE CITY OF ROCHESTER and a radius of 200.00 feet; thence South 89 degrees 40 minutes 45 seconds East, 289.59 612County Auditor and the Secretary of State.Administrative Hearings–Municipal Boundary Adjustments, the Cascade TownshipClerk, the publication and from and after the filing of a certified copy hereof with the Minnesota Office of This ordinance shall take effect and be in force from and after its official Section 10.(Mixed Use Center) per the zone change exhibit legal descriptions attached to the Staff Memo.property will be zoned R-3(Medium Density Residential)and 25 acres of land will be zoned MXC Upon annexation the land described in Section 2above will be 20 acres of Section 9.serve the area annexed.pumping station, and trunk line sanitary sewer construction, heretofore or hereafter undertaken to assess against benefited property all or a portion of the cost of any storm sewer, water tower, notified that in addition to the usual assessments, it is the intention of the Common Council to Present and future owners of the lands annexed by this ordinance are hereby Section 8.as if it had originally been a part thereof.Section 2above is hereby annexed, added to and made a part of the City of Rochester, Minnesota, Therefore, pursuant to Minn. Stat. §414.033, subd. 2(3),the land described in Section 7.equivalent of three years’ taxes in two years. As provided in Minn. Stat. §414.036, the City shall pay the Township the Section 6.served by a wastewater facility other than the City of Rochester. determined that the land abuts the City of Rochester, is less than 120 acres in size, and is not Following the public hearing, the Common Council of the City of Rochester Section 5.and to all landowners within and contiguous to the area to be annexed. §414.033, subd. 2b, by giving30 days' written notice by certified mail to the CascadeTownshipThe City provided notificationof said public hearing,pursuant to Minn. Stat. Section 4.annexation of the subject property. On April 8,2024,the Common Council held a public hearing andconsidered Section 3.The above described parcel is subject to any easements, covenants, and restrictions of record.Said parcel is subject to the 18TH AVE NW right-of-way along the westerly side thereof.Said parcel contains 47.41 acres, more or less, including the 18TH AVE NW right-of-way.along said north right-of-way line, 1541.00 feet to the POINT OF BEGINNING.of-way line of 55th Street NW; thence North 89 degrees 40 minutes 45 seconds West, feet; thenceSouth 00 degrees 19 minutes 15 seconds West, 316.00 feet to the north right- PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF613Rochester, Minnesota)(Seal of the City ofMAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________PRESIDENT OF SAID COMMON COUNCIL___________________________________ ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________,2024. M 614.laminim?eb?ot?stcapmi?IED?yna?tcepxe?ffats?,secnatsmucrichcus?rednu?sdeen?laitnesse?rof?esu?retaw?elbatop?fo?noitazitiroirp?raelc?eht?neviG?".snoitcirtser?ehthtiw?ylpmoc?ot?eruliaf?rof?seitlane p?etairporppa?evah?dna?,sesu?laitnessenon?rehto?dna?,noitagirri?krap?dnaesruoc?flog?,gnihsaw?elcihev?,gnilknirps?nwal?timil?tsum?snoitcirtser?eh\]t\["?,deralced?neeb?sah?ycneicifeDretaW?lacitirC?a?fi ?,taht?seriuqer?rehtruf?etutats?sihT?.snalP?ylppuS?retaW?tpoda?ot?sremotsuc?000,1?nahterom?gnivres?sreilppus?retaw?cilbup?seriuqer?etutats?sihT?.192.G301?noitceS?,setutatS?atosenniM?rednuycneicifeD?r etaW?lacitirC?a?deralced?sah?ronrevog?eht?fi?ylno?rucco?dluow?ecnanidro?siht?fo?noitavitcA:tcapmI?IED?&?snoitaredisnoC?yciloP ytilibaniatsuS?&?ytilibisnopseR?lacsiFpihsdrawetS?latnemnorivnE:selpicnir P?lanoitadnuoF?&?seitiroirP.segrahcsid?retawmrots?ot?gnitaler?secnanidrO?fo?edoC?ytiC?eht?ni?4-6?retpahC?sa?llew?sa?,RNDM?aivseitiC?atosenniM?fo?eugaeL?eht?yb?dedivorp?tfard?amrof?orp?a?sezilitu?ecna nidro?tfard?eht?fo?egaugnal?ehT?.etutats?etats?ot?tnausrup?ycneicifed?retaw?lacitirc?a?seralced?ronrevogeht?nehw?esu?retaw?tcirtser?ot?snoisivorp?sedulcni?taht?ecnanidrO?ycneicifeD?retaW?lacitirC?a?t poda?tsumytiC?eht?taht?detacidni?RNDM?eht?,rettel?lavorppa?3202?,62?enuJ?sti?ni?,revewoH?.egatrohs?ylppus?retawa?fo?ecnetsixe?eht?senimreted?UPR?taht?tneve?eht?ni?UPR?yb?nekat?eb?ot?spets?gniyfitnedi ?,snoitalugeRdna?seluR?ecivreS?retaW?s'UPR?fo?002?noitceS?morf?tprecxe?na?sedulcni?nalP?eht?ot?7?xidneppA?.3202?,92?tsuguA?no?draoB?UPR?eht?ot?detneserp?saw?nalp?devorppaeht?dna?3202?,62?enuJ?no?nalp ?eht?devorppa?RNDM?ehT?.8102?rebotcO?ni?lavorppa?rof?)RNDM(secruoseR?larutaN?fo?tnemtrapeD?atosenniM?eht?ot?dettimbus?saw?nalP?ylppuS?retaW?tnecer?tsom?s'UPR:evitarraN?tropeR.192.G301?.ceS?.tatS?.nni M?yb?dezirohtua?sa?ycneicifeD?retaW?lacitirCa?fo?noitaralced?nopu?egasu?retaw?laitnessenon?fo?noitaluger?eht?ot?detaler?ecnanidrO?na?gnitpodA:detseuqeR?noitcA???1.K192.G301?.ceS?.tatS?.nniM?yb?deziro htuAsa?ycneicifeD?retaW?lacitirC?a?fo?noitaralceDnopU?egasU?retaW?laitnessenoN?fo?noitalugeReht?ot?detaleR?11-21?retpahC?fo?noitiddA?yb?,secivreScilbuP?dna?seitilitU?ot?detaleR?21?eltiT?secnanidrOfo? edoC?retsehcoR?ot?stnemdnemA?ecnanidrO NOITCA?ROF?TSEUQER egarK-reldnipS?leahciM:RETNESERPsgnidaeR?dnoceS?ecnanidrO:NOITCES?ADNEGAseitilitU?cilbuP?retsehcoR:TPED?GNITANIGIRO4202?,22?lirpA:ETAD?GNITEE P 615 noitaralceD?ycneicifeD?retaW?lacitirC?11-21?ceS?-?ecnanidrO:stnemhcattA suhyN?evetS:yB?deraperP.ecnanidro?ycneicifed?retaw?lacitirc?a?fo?noitpoda?eht?detcerid?yllacificeps?tub?,seluR?ecivreSret aW?s'UPR?fo?erawa?saw?dna?demrofni?neeb?dah?RNDM?,nalP?ylppuS?retaW?s'UPR?fo?lavorppasti?nI??.ycneicifed?retaw?lacitirc?a?sserdda?ton?od?emit?ni?tniop?siht?ta?hcihw?,snoitalugeR?dna?seluRecivreS?reta W?s'UPR?nopu?ecnailer?eht?etacidni?dluow?ecnanidro?na?hcus?tpoda?ot?ton?noisiced?licnuoC?A:)s(noitcA?evitanretlA.deifitnauq?neeb?ton?evah?sgniraeh?dna?,snoitcepsni?,secitonfo?stsoC??.srettam?ralimis? no?serudecorp?dna?secnanidro?ytiC?gnitsixe?ot?elbissop?ylbanosaer?sa?esolc?sayats?ot?detfard?si?ecnanidro?ehT??.slaeppa?fo?gniraeh?eht?dna?;noitaloiV?fo?secitoN?ro/dna?seciton?gninrawfo?ecnaussi?elbi ssop?;snoitcepsni?etis?elbissop?;cilbup?eht?ot?eciton?fo?noisivorp?eht?hguorht?derrucnieb?dluow?esnepxe?emos?,ronrevog?eht?yb?ycneicifeD?retaW?lacitirC?a?fo?noitaralced?a?fo?tneve?eht?nI:tcapmI?ecruo seR?&?lacsiF.gnidaeR?tsriF??:4202?,81?hcraM.gnidaeR?tsriF?rof?ecnanidrO?eht?fo?noitaraperp?rof?lavorppa?licnuoC??:4202?,4?hcraM.8102?rebotcO?dettimbus?,nalP?ylppuS?retaW?raey-net?s'UPR?sevorppa?RNDM? :3202?,92?tsuguA:tnemegagnE?ytinummoC?&?snoitcA?evitalsigeL?roir Created: 2023-10-26 15:23:28 \[EST\]616declaration of a critical water emergency by the governor.(d)Mandatory emergency conservation measures shall be implemented based upon the accordance with subsequent provisions of this chapter. to any provision in this chapter, except where varianceshave been provided in commercial, industrial, governmental, or any other purpose in any manner contrary permit the use of water received from a public water supply for residential, (c) By virtue of this chapter, it shall be unlawful for any person to make, cause, use, or enforcement procedures necessary to ensure compliance with this chapter. (3)To establish legal authority to carry out inspection, surveillance, monitoring, and in effect during a crucial water deficiency; and (2)To identify mandatory emergency water conservation measures which shall be critical water deficiency; (1)To regulate the use of the city’s water supply when the governor has declared a (b)The objectives of this chapter are: critical water deficiency pursuant to Minnesota Statutes section 103G.291.of the city’s water supply upon declaration, by executive order of the governor,of a chapter establishes methods for promoting the conservation and controlling the use supply, to the maximum extent practicable, as required by federal and state law. This of the citizens of the city by regulating the conservation and use of the city’swater (a)The purpose of this chapter is to provide for the health, safety, and general welfare . Sec. 12-11-1. Purpose; intentenacted to read as follows:Chapter 12-11 of the Rochester Code of Ordinances is hereby created and Section 1.THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:DEFICIENCY AS AUTHORIZED BY MINN. STAT. § 103G.291, SUBDS. 1 AND2. NONESSENTIAL WATER USAGE UPON DECLARATION OF A CRITICAL WATER ROCHESTER CODE OF ORDINANCES RELATING TO THE REGULATION OF AN ORDINANCE CREATING AND ENACTING CHAPTER 12-11OF TITLE 12OF THE ORDINANCE NO. _____Page 1of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]617least once prior to returning the water to the natural water cycle.means any system which enables a user to reuse water at Water recirculation system through its authority under Chapter XV of the Rochester City Charter.means the governing board of Rochester Public Utilities, acting by and RPU Board water cycle.collection devices and all water utilized more than once before re-entering the natural meanswater collected from rooftops, paved surfaces, or other Reclaimed waterwater supplier for the City of Rochester is designated as Rochester Public Utilities.public water supply, as defined in Minn. Stat. § 144.382, subdivision 4. The public means the city or otherentity that owns, manages, or operates a Public water supplierother entity recognized by law and acting as either the owner or as the owner's agent. means any individual, association, organization, partnership, firm, corporation or Personissuance of news releases. means notification through local media, including interviews and Notification to publicviolations observed during an inspection to the business or individual. means written notification that documents and communicates Notice of violation (NOV)purposes.any other outdoor vegetation, except outdoor vegetation utilized for agricultural means the watering of shrubs, trees, sod, seeded areas, gardens, lawns, or Irrigation water supplier, designated as Rochester Public Utilities.means the general manager and chief executive officer of the public General manager means the declaration of a critical water deficiencyby the governor.Emergency Chapter XV of the Rochester City Charter.means Rochester Public Utilities, acting by and through its authority under Departmentservice from Rochester Public Utilities.means a residential, commercial, or industrial customer receiving water Customer Rochester City Charter.means the city clerk as defined in Chapter VIII, Sections 8.01 –8.02 of the Clerk Sec. 12-11-2. Definitions. Page 2of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]618emergency response plans or procedures.notification to the public as quickly as possibleor throughestablished water supply plans place of the commoncouncil, or the official city bulletin board. The city shall provide suppliershall immediately post notice of the emergency declaration at theusual meeting Upon the declaration of a critical waterdeficiencyby the governor, the public water Sec. 12-11-7. Declaration of critical water deficiency.manner not contrary to this chapter. any person will ensure that there will be no use of water from the public water supply in a minimum standards; therefore, this chapter does not intend or imply that compliance by The standards set forth herein and promulgated pursuant to this chapter are Sec. 12-11-6.Ultimate responsibility.the environment shall control.provision is more restrictive or imposes higher protective standards for human health orimposed by any other ordinance, rule, regulation, or other provision of law, whichever of law, and where any provision of this chapter imposes restrictions different from those in addition to the requirements of any other ordinance, rule, regulation, or other provision ordinance, rule, regulation, or other provision of law. The requirements of this chapter are This chapter is not intended to modify or repeal any other local, state, or federal Sec. 12-11-5.Compatibility with other regulations.interest of or in the employ of the city. delegated in writing by the general managerto persons or entities acting in the beneficial chapter. Any powers granted or duties imposed upon the public water suppliermay be The general manager shall administer, implement, and enforce the provisions of this Sec. 12-11-4.Responsibility for administration.control water use on any premises.This ordinance applies to all customers of the public water supplierwho ownor Sec. 12-11-3. Applicability.Page 3of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]619vehicles requiring frequent washing to protect public health, safety,and welfare.prohibited, except at facilities equipped with wash water recirculation systems, and for g)The washing of automobiles, trucks, trailers,and other types of mobile equipment is prohibited.f)The filling of swimming pools, fountains, spas,or other exterior water features is e)Operation of outdoor misting systems used to cool public areas is prohibited.to their customers, unless water is specifically requested by the customer.d)Restaurants and other food service establishments are prohibited from serving water systems.source is prohibited, except at facilities equipped with wash water recirculation c)The outdoor use of any water-based play apparatus connected to a pressurized except to alleviate immediate health or safety hazards, is prohibited.other paved areas with water from any pressurized source, including garden hoses, b)Washingor sprayingof sidewalks, driveways, parking areas, tennis courts, patios,or agricultural land, except for those areas irrigated with reclaimed water, is prohibited.a)Outdoor irrigation of yards, gardens, golf courses, parklands, and other non-mandatory restrictions upon nonessential water use shall be enforced:Upon declaration of a water emergency and notification to the public, the following Sec. 12-11-8. Mandatory emergency water conservation measures.Page 4of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]620violatorto whom the notice of violation is directed;(5)astatement of thepenalty(ies)that shall or may be assessed against thealleged chapter and a time schedule for the completion of such remedial action;(4)adescription of the remedial measures necessary to restore compliance with this along with its duration, if known;(3)astatement specifying the nature of the violation and the date and time it started, upon which the violation is occurring, or has occurred;(2)the address, when available, or a description of the building, structure or land (1)the name and address of the alleged violator;:The notice of violation shall containsupplier may order compliance by written notice of violation to the responsible person. violated a prohibition or failed to meet a requirement of this chapter, the public water Whenever the public water supplier findsthat a person has Notice of violation.c)action or any other enforcement action, if a warning notice is not issued.limit the authority of the general manager to take any action, including emergency occurring before or after receipt of the warning notice. Nothing in this subsection shall to the warning notice in no way relieves the alleged violator of liability for any violations offending activity will cease. Investigation and/or resolution of the matter in response customer to immediately investigate the matter and to seek a resolution, whereby any specifying the particular violation believed to have occurred and requesting the general manager or designee may serve upon that person a written warning notice, continues to violate, any provision of this chapter, or any order issued hereunder, the When the public water supplier finds that any person has violated, or Warning notice.b)in a manner provided by law. actions outlined in this section or may be restrained by injunction or otherwise abated continues to violate the provisions of this chapter may be subject to the enforcement with any of the requirements of this chapter. Any person who has violated or It shall be unlawful for any person to violate any provision or fail to comply Violations.a)Sec. 12-11-10. Violations, enforcement and penalties.according to Section 11-10(f), below. The decision of the RPU Board is final.submitting a written appeal to the RPU Board. The RPU Boardshall conduct a hearing An applicant may appeal the denial of a variance within five (5) days of the decision by wherestrict application of its provisions would result in serious hardship to a customer. The general managerordesigneeis authorized to grant variances to this ordinance Sec. 12-11-9. Variances. Page 5of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]621will be required to show proof of equipment failure.was the cause of the violation. A letter from a qualified vendor or equipment invoice may be granted an administrative waiver if evidence is provided that equipment failure The decision of theRPU Boardis final. Violators compliance within a reasonable time. Board mayvacate the notice, or may affirm it and require the recipient to come into right to appear in person or by counsel. At the conclusion of the hearing, the RPU time and place where the hearing will be held and shall notify the recipient of theirfrom thedate of the notice. Thereafter, the RPU Board shall provide notice of the appeal shall be submitted in writing to the RPU Board within ten (10) business days penalty, and/or a notice of suspension of water service under this chapter. The . An alleged violator may appeal a warning notice, a notice of violation, a civil Appealf)pursuant to this section, without the prior approval of the general manager.water services. A person commits an offense if the person reinstates water service general manager or designee will notify a violator of the proposed suspension of its property if such suspension would avoid further harm to the public watersupply. The of violation, the public water supplier may suspend the provision of water to the be continuing after the alleged violator has received a warning notice and a notice more violations of emergency mandatory water conservation measures are found to Where one or Suspension of water service due to ongoing violation of this chapter.e)to pursue other legal remedies.imposition of civilpenalties shall in no way limit the right of the public water supplier owner or current occupant of the premises where the violation occurred. The Civil penalties shall be added to the monthly water bill of the receipt of the notice.penalty of up to $1,000.00 for each day the violation remains unremedied after the schedule described in the notice, then the public water suppliermay impose a set forth in any written notice or otherwise fails to cure the violations according to In the event the alleged violator fails to take the remedial measures Civil penalties.d)the violator.governmental agency or a contractor and the expense thereof shall be charged to the work will be done by a designated the established time schedule, (7)astatement specifying that, should the violator fail to restore compliance within of the notice of violation; andBoardby filing a written notice of appeal within ten(10)business days of receipt (6)astatement that the determination of violation may be appealed to the RPU Page 6of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]622chapter, including sampling and monitoring expenses.all attorney's fees, court costs, and other expenses associated with enforcement of this the general managerto seek cumulativeremedies. The public water suppliermay recover available under any applicable federal, state, or local law, and it is within the discretion of The remedies listed in this chapter are not exclusive of any other remedies Sec. 12-11-14. Remedies not exclusive.enjoin, or otherwise compel the cessation of such nuisance may be taken. be summarily abated or restored at the violator's expense, and/or a civilaction to abate, to public health, safety, and welfare, and is declared and deemed a nuisance, and may caused or permitted to exist in violation of any of the provisions of this chapter is a threat In addition to the enforcement processes and penalties provided, any condition Sec. 12-11-13. Violations deemed a public nuisance.Stats. § 429.101 if not paid following invoicing. Costs of abatement may be assessed against the premises pursuant to Minn. Sec. 12-11-12. Cost of abatement of violation.to refuse to allow the government agency or designated contractor to enter upon the It shall be unlawful for any person, owner, agent or person in possession of any premises to take any and all measures necessary to abate the violation and/or restore compliance. the public water supplier shall enter upon the subject private property and are authorized decision of the city RPU Boardaffirming the notice of violation, then representatives of notice of violation, or, in the event of an appeal, within seven (7) business days of the If the violation has not been corrected pursuant to the requirements set forth in the Sec. 12-11-11. Enforcement measures after appeal.Page 7of 8(Supp. No. 5, Update 3) Created: 2023-10-26 15:23:28 \[EST\]623 MAYOR OF SAID CITY ___________________________________APPROVED THIS _____ DAY OF ______________________, 2024.CITY CLERKATTEST: __________________________ PRESIDENT OF SAID COMMON COUNCIL___________________________________ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024.PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OFThis ordinance shall be effective as of the date of its publication.Section 2.Page 8of 8(Supp. No. 5, Update 3)