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2023-11-15 City Council (Regular Meeting) Packet
1 COTTAGE GROVE CITY COUNCIL November 15, 2023 12800 RAVINE PARKWAY SOUTH COTTAGE GROVE, MINNESOTA 55016 COUNCIL CHAMBER- 7:00 PM 1 Call to Order 2 Pledge of Allegiance 3 Roll Call 4 Open Forum 5 Adoption of Agenda 6 Presentations A Recognition - Kent Griffith Staff Recommendation: Recognize Regions Hospital EMS Clinical Supervisor Kent Griffith for over 34 years of dedicated service to the Citizens of Cottage Grove and partnership with Cottage Grove Public Safety. B Proclamation - Small Business Saturday Staff Recommendation: Approve the Small Business Saturday Proclamation. 7 Consent Agenda A Armory Election Lease Agreement Staff Recommendation: Accept the lease agreements with the Minnesota National Guard Armory for the 2024 election dates of March 5, August 13, and November 5, 2024. B Rental License Approvals Staff Recommendation: Approve the issuance of rental licenses to the properties listed in the attached table. C Application for Low-Power FM Channel Staff Recommendation: Staff recommends the approval for submitting the application for an LPFM permit from the FCC. D Audit services for 2023 through 2025 Staff Recommendation: Authorize entering into a professional services agreement with Redpath and Company, LLC for audit services for the years ending December 31, 2023, 2024, and 2025. E Summers Landing 3rd Addition Final Streets Costs & Assessments Staff Recommendation: Adopt Resolution 2023-139, declaring costs to be assessed and adopting assessments for Summers Landing 3rd Addition Final Streets. F Appointment of Jon Pritchard to Deputy Director of Public Safety - Fire Chief Staff Recommendation: Approve the appointment of Jon Pritchard to the position of Deputy Director of Public Safety – Fire Chief, effective Saturday, December 30, 2023. G Acceptance of the Washington County All-Hazard Mitigation Plan Staff Recommendation: Adopt Resolution 2023-140, supporting the Washington County All-Hazard Mitigation Plan. 2 H Tinucci Lot Split – Minor Subdivision Approvals Extension Staff Recommendation: Adopt Resolution 2023-142 approving a one-year extension of the Minor Subdivision approvals for the Tinnuci Lot Split – Minor Subdivision. I Street Name Change – Southeast Industrial Park 3rd Addition Staff Recommendation: Adopt Resolution 2023-141 approving the street name change from 91st Street Alcove South to 91st Street Court South in the plat known as Southeast Industrial Park 3rd Addition. J Local Option Sales Tax - Special Law Staff Recommendation: Authorize resolution approving Special Law regarding a Local Option Sales Tax for Cottage Grove and filing of the Certificate of Approval of Special Law with the Secretary of State. K Pine Tree Valley Park Sports Lighting Change Order Staff Recommendation: Authorize change orders for the Pine Tree Valley Park Sports Lighting project. L Federal & State Transportation Lobbying Agreement Staff Recommendation: Authorize entering into an agreement with Aurora Strategic Advisors for Federal and State lobbying services in 2024. M Public Works Utility and Engineering Building - Contract for Construction Management Services Staff Recommendation: Authorize the contract for Construction Manager at Risk with a Guaranteed Maximum Price between Kraus Anderson and the City of Cottage Grove for the construction of the Public Works Utilities and Engineering building project. N Infrastructure Maintenance Task Force - Special Assessment Policy for Public Improvements Update Staff Recommendation: Adopt the Infrastructure Maintenance Task Force Special Assessment Policy for Public Improvements updated on October 31, 2023. O CSAH 19 (Keats Avenue) and 80th Street Roundabout – Support Pursuing Local Road Improvement Program Funding from MnDOT Staff Recommendation: Authorize Mayor Myron Bailey to sign a letter supporting Washington County’s pursuit of Local Road Improvement Program Funding from MnDOT for the CSAH 19 (Keats Avenue) and 80th Street Roundabout Project. P Grange Trunk Water Main Extension Project - Change Order #1 Staff Recommendation: Q Goodview Water Main Project - Final Payment Staff Recommendation: Adopt resolution 2023-144 approving the final payment to Miller Excavating, Inc in the amount of $73,899.86 for the Goodview Water Main Project. 8 Approve Disbursements A Approve Disbursements 9 Public Hearings A Gerlach Property - Drainage & Utility Easement Vacation Staff Recommendation: 1) Hold a public hearing to vacate a public drainage and utility easement across the Gerlach Services, Inc. property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. 2) Adopt Resolution 2023-143 vacating the public drainage and utility easement across the Gerlach Services, Inc. property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. 10 Bid Awards 11 Regular Agenda 12 Council Comments and Requests 13 Workshops - Closed to Public 3 A DuPont and 3M Drinking Water Class Action Staff Recommendation: Close the meeting pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney- client privileged communication to discuss the potential litigation related to DuPont and 3M drinking water class action. 14 Workshops - Open to Public A Local Option Sales Tax Community Relations/Education Services Staff Recommendation: Receive Local Option Sales Tax community relations/education services proposals and provide direction to staff. 15 Adjournment 1 City Council Action Request 6.A. Meeting Date 11/15/2023 Department Public Safety Agenda Category Presentation Title Recognition - Kent Griffith Staff Recommendation Recognize Regions Hospital EMS Clinical Supervisor Kent Griffith for over 34 years of dedicated service to the Citizens of Cottage Grove and partnership with Cottage Grove Public Safety. Budget Implication Attachments None 1 City Council Action Request 6.B. Meeting Date 11/15/2023 Department Economic Development Agenda Category Presentation Title Proclamation - Small Business Saturday Staff Recommendation Approve the Small Business Saturday Proclamation. Budget Implication N/A. Attachments 1. Proclamation - Small Business PROCLAMATION Small Business Saturday - November 25, 2023 WHEREAS, the government of the City of Cottage Grove celebrates our local small businesses and the contributions they make to our local economy and community; and according to the United States Small Business Administration, there are over 33 million small businesses in the United States, which combined account for 99% of all U.S. businesses. WHEREAS, small businesses employ 47% of the employees in the private sector in our country, and contribute positively to the local community by supplying jobs and generating tax revenue; and WHEREAS, consumers who shop on Small Business Saturday, agree that shopping at small, independently owned businesses supports their commitment to making purchases that have a positive social, economic, and environmental impact; and WHEREAS, the City of Cottage Grove supports our local businesses that create jobs, boost our local economy, and preserve our communities; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving (November 25th) as Small Business Saturday, and urge the residents of our community to support small businesses and merchants on Small Business Saturday and throughout the year. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, to hereby proclaim November 25, 2023, as Small Business Saturday in the City and urge our residents to go out and support their favorite small businesses. Passed this 15th day of November, 2023. __________________________ Myron Bailey, Mayor 1 City Council Action Request 7.A. Meeting Date 11/15/2023 Department Administration Agenda Category Action Item Title Armory Election Lease Agreement Staff Recommendation Accept the lease agreements with the Minnesota National Guard Armory for the 2024 election dates of March 5, August 13, and November 5, 2024. Budget Implication N/A Attachments 1. Washington County Elections March 5 2024 2. Washington County Elections August 13 2024 3. Washington County Elections November 5 2024 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Tammy Anderson DATE: November 15, 2023 RE: Armory Election Lease Agreement Discussion Cottage Grove and Washington County have a Joint Powers Agreement for Elections. It is the City's responsibility, as part of this agreement, to create polling places and enter into any necessary arrangements to secure polling locations. The National Guard Armory (8180 Beldon Blvd. S.) serves as Precinct 6. This polling site has 3,802 registered voters and is critical for holding an election. The following lease agreements with the National Guard Armory are for March 5, August 13, and November 5, 2024. The election agreements have been examined and authorized by the City Attorney. Recommendation Accept the lease agreements with the Minnesota National Guard Armory for the 2024 election dates of March 5, August 13, and November 5, 2024. Attachments 1. Washington County Elections March 5 2024 2. Washington County Elections August 13 2024 3. Washington County Elections November 5 2024 10/30/23, 12:50 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-003 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-003 1/2 Minnesota National Guard Armory Lease Cottage Grove Armory Lease #23-303-003 THIS AGREEMENT made this 30 day of October by and between the Armory Board of Cottage Grove, State of Minnesota hereinafter called the LESSOR, and City of Cottage Grove, whose complete address is 12800 Ravine Parkway, Cottage Grove, MN, 55016, whose telephone number is (651) 458-2800, hereinafter called the LESSEE. WITNESSETH: The LESSOR and the LESSEE, in consideration of rents, covenants and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The LESSOR grants and the LESSEE accepts a lease of the following described portions of the Minnesota National Guard Armory in the City of Cottage Grove. Portion to be leased: Drill Floor, Parking Space, Restrooms for a term of 1 day(s) from 03/05/2024 6:00AM to 03/05/2024 10:00PM to be used for Elections and for no other purpose. 2. As rent for said portions of the Minnesota National Guard Armory the LESSEE agrees to pay the LESSOR, the sum of $0.00 for said term, payable with by check, or bank check money order. 3. The LESSOR shall furnish and provide for the use of the LESSEE: Chairs , Electricity, Fans, Lights , Tables 4. The LESSEE agrees to make no changes in the stage, curtains, electrical wiring, fixtures or furnishings of those portions of the Armory covered by the lease, except: Expenses of any agreed upon changes shall be assumed by LESSEE and shall include the cost of restoration of premises to former condition without damage. 5. Special Provisions: 6. The LESSEE will not assign this lease, or any portion thereof, without first obtaining the written consent of LESSOR. In the event LESSEE must cancel all or part of the term of this agreement, he/she will advise the LESSOR, in writing, at least five (5) calendar days prior to the beginning of the referenced term, otherwise the full amount specified shall be paid by LESSEE. 7. The LESSEE agrees to and shall abide by, conform to, and comply with all of the laws of the United States, the State of Minnesota, all city ordinances, the rules and regulations of Minnesota National Guard, and local rules as established by the Armory. Page 1 of 2 Lessee Initials __________ 10/30/23, 12:50 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-003 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-003 2/2 Lease #23-303-003 The LESSEE shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises, the Lessor and the State of Minnesota shall not be responsible for the LESSEE'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon Lessee for the conduct of such activity 8. The LESSOR and the State of Minnesota shall not be responsible for any claim, regardless of kind, occurring during the tenancy of the LESSEE. The LESSEE shall indemnify LESSOR and the State of Minnesota and save them harmless from any and all claims, damages, expenses, and liabilities arising out of and/or during LESSEE'S use of the leased promises. The LESSEE agrees to assume full responsibility for the character and acts of conduct of all persons admitted to said premises. 9. The LESSEE agrees to vacate the leased premises, remove debris, and restore the facility to the same ordinary cleanliness within 1 hours after termination of the period covered by this Lease. 10. The LESSEE will provide the LESSOR a copy of an “Insurance Certificate” which provides for no less than $1 million dollars in general liability coverage for the dates of the agreement to include any setup or tear down dates. This Insurance Certificate must have the “State of Minnesota” listed as the Certificate Holder. $1 million dollars in liquor liability will be required in addition to general liability coverage for events involving alcohol. 11. The LESSOR reserves the right to cancel this agreement at any time. The LESSOR may cancel the lease for the following purposes: 1. Any emergency event, 2. A rescheduled training period, 3. Re-designation of space for storage of military equipment, 4. Use of the Armory for State of Minnesota business, 5. Or any other such purpose as deemed necessary by the Department of Military Affairs. No claim for any damage that may result to LESSEE from any such cancellation shall be asserted or maintained against LESSOR. 12. Whenever or wherever in advertising the Armory is to be identified as: "National Guard Armory" or "Cottage Grove Armory." 13. Will alcohol be served? Yes [ ] No [X] 14. Will this be a discounted or Gratis Lease? Yes [X] No [ ] In testimony whereof, both parties have hereunto agreed to the terms as first written above. ______________________________________ By (LESSOR)By (LESSEE) FUTRELL SAMUEL BENNETT SSG City of Cottage Grove Armory Board of Cottage Grove Page 2 of 2 10/30/23, 12:52 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-004 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-004 1/2 Minnesota National Guard Armory Lease Cottage Grove Armory Lease #23-303-004 THIS AGREEMENT made this 30 day of October by and between the Armory Board of Cottage Grove, State of Minnesota hereinafter called the LESSOR, and City of Cottage Grove, whose complete address is 12800 Ravine Parkway, Cottage Grove, MN, 55016, whose telephone number is (651) 458-2800, hereinafter called the LESSEE. WITNESSETH: The LESSOR and the LESSEE, in consideration of rents, covenants and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The LESSOR grants and the LESSEE accepts a lease of the following described portions of the Minnesota National Guard Armory in the City of Cottage Grove. Portion to be leased: Drill Floor, Parking Space, Restrooms for a term of 1 day(s) from 08/13/2024 6:00AM to 08/13/2024 10:00PM to be used for Elections and for no other purpose. 2. As rent for said portions of the Minnesota National Guard Armory the LESSEE agrees to pay the LESSOR, the sum of $0.00 for said term, payable with by check, or bank check money order. 3. The LESSOR shall furnish and provide for the use of the LESSEE: Chairs , Electricity, Fans, Lights , Tables 4. The LESSEE agrees to make no changes in the stage, curtains, electrical wiring, fixtures or furnishings of those portions of the Armory covered by the lease, except: Expenses of any agreed upon changes shall be assumed by LESSEE and shall include the cost of restoration of premises to former condition without damage. 5. Special Provisions: 6. The LESSEE will not assign this lease, or any portion thereof, without first obtaining the written consent of LESSOR. In the event LESSEE must cancel all or part of the term of this agreement, he/she will advise the LESSOR, in writing, at least five (5) calendar days prior to the beginning of the referenced term, otherwise the full amount specified shall be paid by LESSEE. 7. The LESSEE agrees to and shall abide by, conform to, and comply with all of the laws of the United States, the State of Minnesota, all city ordinances, the rules and regulations of Minnesota National Guard, and local rules as established by the Armory. Page 1 of 2 Lessee Initials __________ 10/30/23, 12:52 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-004 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-004 2/2 Lease #23-303-004 The LESSEE shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises, the Lessor and the State of Minnesota shall not be responsible for the LESSEE'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon Lessee for the conduct of such activity 8. The LESSOR and the State of Minnesota shall not be responsible for any claim, regardless of kind, occurring during the tenancy of the LESSEE. The LESSEE shall indemnify LESSOR and the State of Minnesota and save them harmless from any and all claims, damages, expenses, and liabilities arising out of and/or during LESSEE'S use of the leased promises. The LESSEE agrees to assume full responsibility for the character and acts of conduct of all persons admitted to said premises. 9. The LESSEE agrees to vacate the leased premises, remove debris, and restore the facility to the same ordinary cleanliness within 1 hours after termination of the period covered by this Lease. 10. The LESSEE will provide the LESSOR a copy of an “Insurance Certificate” which provides for no less than $1 million dollars in general liability coverage for the dates of the agreement to include any setup or tear down dates. This Insurance Certificate must have the “State of Minnesota” listed as the Certificate Holder. $1 million dollars in liquor liability will be required in addition to general liability coverage for events involving alcohol. 11. The LESSOR reserves the right to cancel this agreement at any time. The LESSOR may cancel the lease for the following purposes: 1. Any emergency event, 2. A rescheduled training period, 3. Re-designation of space for storage of military equipment, 4. Use of the Armory for State of Minnesota business, 5. Or any other such purpose as deemed necessary by the Department of Military Affairs. No claim for any damage that may result to LESSEE from any such cancellation shall be asserted or maintained against LESSOR. 12. Whenever or wherever in advertising the Armory is to be identified as: "National Guard Armory" or "Cottage Grove Armory." 13. Will alcohol be served? Yes [ ] No [X] 14. Will this be a discounted or Gratis Lease? Yes [X] No [ ] In testimony whereof, both parties have hereunto agreed to the terms as first written above. ______________________________________ By (LESSOR)By (LESSEE) FUTRELL SAMUEL BENNETT SSG City of Cottage Grove Armory Board of Cottage Grove Page 2 of 2 10/30/23, 12:54 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-005 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-005 1/2 Minnesota National Guard Armory Lease Cottage Grove Armory Lease #23-303-005 THIS AGREEMENT made this 30 day of October by and between the Armory Board of Cottage Grove, State of Minnesota hereinafter called the LESSOR, and City of Cottage Grove, whose complete address is 12800 Ravine Parkway, Cottage Grove, MN, 55016, whose telephone number is (651) 458-2800, hereinafter called the LESSEE. WITNESSETH: The LESSOR and the LESSEE, in consideration of rents, covenants and agreements herein reserved and contained, do hereby agree with the other as follows: 1. The LESSOR grants and the LESSEE accepts a lease of the following described portions of the Minnesota National Guard Armory in the City of Cottage Grove. Portion to be leased: Drill Floor, Parking Space, Restrooms for a term of 1 day(s) from 11/05/2024 6:00AM to 11/05/2024 10:00PM to be used for Elections and for no other purpose. 2. As rent for said portions of the Minnesota National Guard Armory the LESSEE agrees to pay the LESSOR, the sum of $0.00 for said term, payable with by check, or bank check money order. 3. The LESSOR shall furnish and provide for the use of the LESSEE: Chairs , Electricity, Fans, Lights , Tables 4. The LESSEE agrees to make no changes in the stage, curtains, electrical wiring, fixtures or furnishings of those portions of the Armory covered by the lease, except: Expenses of any agreed upon changes shall be assumed by LESSEE and shall include the cost of restoration of premises to former condition without damage. 5. Special Provisions: 6. The LESSEE will not assign this lease, or any portion thereof, without first obtaining the written consent of LESSOR. In the event LESSEE must cancel all or part of the term of this agreement, he/she will advise the LESSOR, in writing, at least five (5) calendar days prior to the beginning of the referenced term, otherwise the full amount specified shall be paid by LESSEE. 7. The LESSEE agrees to and shall abide by, conform to, and comply with all of the laws of the United States, the State of Minnesota, all city ordinances, the rules and regulations of Minnesota National Guard, and local rules as established by the Armory. Page 1 of 2 Lessee Initials __________ 10/30/23, 12:54 PM ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-005 https://ngmnweb/MNArmorylease/TACCAdmin/ArmoryLeaseToPDF.aspx?ReqID=23-303-005 2/2 Lease #23-303-005 The LESSEE shall obtain all permits or licenses required by any provision of law, municipal charter or ordinance for the conduct of activity on the leased premises, the Lessor and the State of Minnesota shall not be responsible for the LESSEE'S failure to obtain such permits and licenses or to comply with any other requirements imposed upon Lessee for the conduct of such activity 8. The LESSOR and the State of Minnesota shall not be responsible for any claim, regardless of kind, occurring during the tenancy of the LESSEE. The LESSEE shall indemnify LESSOR and the State of Minnesota and save them harmless from any and all claims, damages, expenses, and liabilities arising out of and/or during LESSEE'S use of the leased promises. The LESSEE agrees to assume full responsibility for the character and acts of conduct of all persons admitted to said premises. 9. The LESSEE agrees to vacate the leased premises, remove debris, and restore the facility to the same ordinary cleanliness within 1 hours after termination of the period covered by this Lease. 10. The LESSEE will provide the LESSOR a copy of an “Insurance Certificate” which provides for no less than $1 million dollars in general liability coverage for the dates of the agreement to include any setup or tear down dates. This Insurance Certificate must have the “State of Minnesota” listed as the Certificate Holder. $1 million dollars in liquor liability will be required in addition to general liability coverage for events involving alcohol. 11. The LESSOR reserves the right to cancel this agreement at any time. The LESSOR may cancel the lease for the following purposes: 1. Any emergency event, 2. A rescheduled training period, 3. Re-designation of space for storage of military equipment, 4. Use of the Armory for State of Minnesota business, 5. Or any other such purpose as deemed necessary by the Department of Military Affairs. No claim for any damage that may result to LESSEE from any such cancellation shall be asserted or maintained against LESSOR. 12. Whenever or wherever in advertising the Armory is to be identified as: "National Guard Armory" or "Cottage Grove Armory." 13. Will alcohol be served? Yes [ ] No [X] 14. Will this be a discounted or Gratis Lease? Yes [X] No [ ] In testimony whereof, both parties have hereunto agreed to the terms as first written above. ______________________________________ By (LESSOR)By (LESSEE) FUTRELL SAMUEL BENNETT SSG City of Cottage Grove Armory Board of Cottage Grove Page 2 of 2 1 City Council Action Request 7.B. Meeting Date 11/15/2023 Department Community Development Agenda Category Action Item Title Rental License Approvals Staff Recommendation Approve the issuance of rental licenses to the properties listed in the attached table. Budget Implication N/A Attachments 1. Rental License Approvals CC Memo 2. Rental License Approvals Table TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Samantha Drewry, Code Enforcement Officer DATE: November 8, 2023 RE: Rental License Approvals Background/Discussion Rental licenses are required for nonowner-occupied residential properties (City Code Title 9-13, Property Maintenance, and Title 9 -14, Rental Licensing) and are issued on a biennial basis. The licensing process includes submittal of the rental license application, payment of $180, and public criminal history report. Rental inspections are conducted on all rental properties as part of the licensing process. Once all information has been sub - mitted and the inspection satisfactorily completed, the Council must approve the license prior to it being issued. The properties listed in the attached table have completed the licensing process and are ready to have their licenses issued following Council approval. Recommendation Approve the issuance of rental licenses to the properties in the attached table. 2024 RENTAL LICENSES CITY COUNCIL APPROVAL - NOVEMBER 15, 2023 RENTAL LICENSE NUMBER PROPERTY STREET #PROPERTY STREET NAME PROPERTY OWNER RENT-001878 8605 IVYWOOD AVENUE SOUTH Sayler, Amanda RENT-001910 8520 ISLE AVENUE SOUTH DENNIS KUHLOW 1 City Council Action Request 7.C. Meeting Date 11/15/2023 Department IT Department Agenda Category Action Item Title Application for Low-Power FM Channel Staff Recommendation Staff recommends the approval for submitting the application for an LPFM permit from the FCC. Budget Implication There is no cost to the city for this application. If the FCC chooses the application, build-out and management of the LPFM channel will be provided by SWCTC. Attachments None 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Brian Bluhm DATE: November 15, 2023 RE: Application for Low-Power FM Channel Discussion The South Washington County Telecommunications Commission received approval from the Telecommunications Commission to apply for an LPFM license from the FCC. SWCTC partnered with a radio engineering company, Prometheus Radio, for application guidance. Prometheus engineers recommended that commission partners (member cities) submit applications in addition to the SWCTC application to strengthen the geographical request for broader distribution and provide a better chance of licensing approval. Engineering preliminary estimates indicate that a transmitter antenna located at the Cottage Grove Central Fire Station would provide a radio signal to Cottage Grove, St Paul Park, Newport, Grey Cloud Island, and southern portions of Woodbury. The benefits of receiving an LPFM channel include another communication medium for the city to broadcast city meetings, city information and news, school sporting events, educational, and other broadcasting content. In addition, as terrestrial radio broadcasting is regulated by the FCC, they will require that the LPFM be used as an additional communication tool for emergency notification to the community. Application, engineering, and any costs associated with LPFM operation will be the responsibility of SWCTC and its staff. Recommendation Staff recommends the approval for submitting the application for an LPFM permit from the FCC. Attachments None 2 1 City Council Action Request 7.D. Meeting Date 11/15/2023 Department Finance Agenda Category Action Item Title Audit services for 2023 through 2025 Staff Recommendation Authorize entering into a professional services agreement with Redpath and Company, LLC for audit services for the years ending December 31, 2023, 2024, and 2025. Budget Implication N/a Attachments 1. CC Memo Audit Services Agreement for 2023-2025 2. Prof. Services Agreement with Redpath for Audit Services PACKET 11-15-2023 To:Honorable Mayor and City Council Members Jennifer Levitt, City Administrator From:Brenda Malinowski, Finance Director Date:November 15, 2023 Subject:Audit Service Agreement Background The audit service agreement with the current audit firm expired with the audit for the year ending December 31, 2022. Therefore, a proposal for three years of audit services with an option to renew for an additional two years was advertised on the League of MN Cities website and emails were sent to audit firms in the Twin Cities that provide auditing services to cities that are similar in size to Cottage Grove. Five proposals were received, and a committee consisting of the City Administrator, Finance Director, and Assistant Finance Director evaluated the proposals. The proposals were evaluated based on the firms approach to audit quality, knowledge and experience of the team assigned to the audit, unique qualifications, value added services, and pricing. Pricing for the three years ranged from $147,075 to $200,940. Three firms were selected to interview with the same committee, and one of these firms was the current audit firm. After the interviews, the Committee selected Redpath and Company based on its experience with other Minnesota cites, staff qualifications, audit approach and philosophy, communication, and cost. Three current city clients of Redpath and Company were contacted for feedback and the comments were all positive. The fee proposal is as follows: Year-ended Audit Single Audit* December 31, 2023 $49,900 $6,000 December 31, 2024 52,450 6,400 December 31, 2025 55,000 6,800 $157,350 *Single audit only if required. The Budget is sufficient to cover the proposed fee amounts. Recommendation Authorize entering into a professional services agreement with Redpath and Company, LLC for audit services for the years ending December 31, 2023, 2024, and 2025. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this _____day of ____________, 2023, by and between the City of Cottage Grove, 12800 Ravine Parkway, Cottage Grove, Minnesota 55016, (“City”) and Redpath and Company, LLC, 55 5th Street East, Suite 1400, St. Paul, MN 55101(“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1.SERVICES. a.City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services (“Services”), as defined in the following documents: i.A proposal dated November 6, 2023, incorporated herein as Exhibit A; (Hereinafter “Exhibit.”) Where terms and conditions of this Agreement and those terms and conditions included in the Exhibit specifically conflict, the terms of this Agreement shall apply. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibit, subject to Section 7 of this Agreement. 2.PAYMENT. a.City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in the Exhibit. b.Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. 2 c.Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3.TERM. The term of this Agreement is identified in the Exhibit. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4.TERMINATION. a.Termination by Either Party. This Agreement may be terminated by either party pursuant to the Exhibit, however written notice shall be delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b.Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5.SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibit. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 6.STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7.DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume 3 performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8.CITY’S REPRESENTATIVE. The City has designated Brenda Malinowski to act as the City’s representative with respect to the Services to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9.PROJECT MANAGER AND STAFFING. The Consultant has designated Rebecca Petersen to be the primary contact for the City in the performance of the Services. She shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. 10.INDEMNIFICATION. a.Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b.Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11.INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a.General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence; b.Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c.Workers’ Compensation Insurance in accordance with statutory requirements. d.Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the General Liability Insurance policy. 4 12.OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13.NOTICES. Notices shall be communicated to the following addresses: If to City: City of Cottage Grove 12800 Ravine Parkway S. Cottage Grove, MN 55016 Attention: City Administrator Or e-mailed: jlevitt@cottagegrovemn.gov If to Consultant: Redpath and Company, LLC 55 5th Street East, Suite 1400 St. Paul, MN 55101 Attention: Rebecca Petersen Or emailed: rpetersen@redpathcpas.com 14.INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15.GENERAL PROVISIONS. a.Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b.Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c.Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action, other than as provided in the Exhibit, must be venued in Washington County District Court. d. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. 5 e.Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. f.Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. g.Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF COTTAGE GROVE By: Myron Bailey, Mayor By: Tamara Anderson, City Clerk 6 CONSULTANT REDPATH AND COMPANY, LLC By: Its: Date: 55 5th Street East, Suite 1400, St. Paul, MN, 55101 651.426.7000 www.redpathcpas.com November 6, 2023 City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 This letter defines the agreement with respect to the terms and objectives of our engagement and the nature and limitations of the services Redpath and Company, LLC will provide to City of Cottage Grove, Minnesota for the years ending December 31, 2023, December 31, 2024 and December 31, 2025, with an extension for two additional years if mutually agreed upon by both parties. Audit Scope and Objectives We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, and the disclosures, which collectively comprise the basic financial statements of City of Cottage Grove, Minnesota as of and for the years ended December 31, 2023, December 31, 2024 and December 31, 2025. Accounting standards generally accepted in the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement City of Cottage Grove, Minnesota’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to City of Cottage Grove, Minnesota’s RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance. The following RSI is required by GAAP and will be subjected to certain limited procedures, but will not be audited: Management’s Discussion and Analysis Budgetary Comparison Schedules presented as RSI Schedule of Changes in the Total OPEB Liability and Related Ratios Schedules of Proportionate Share of Net Pension Liability Schedules of Pension Contributions Schedule of Changes in Net Pension Liability and Related Ratios EXHIBIT A City of Cottage Grove November 6, 2023 Page 2 We have also been engaged to report on supplementary information other than RSI that accompanies City of Cottage Grove, Minnesota’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a separate written report accompanying our auditor’s report on the financial statements or in a report combined with our auditor’s report on the financial statements: Combining and Individual Nonmajor Fund Financial Statements and Schedules Debt and Related Levy Schedules Presented as Supplementary Information Schedule of Expenditures of Federal Awards In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. Introductory Section Statistical Section The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor’s report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on: Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of City of Cottage Grove November 6, 2023 Page 3 Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). We will also issue a report on compliance based on the Minnesota Legal Compliance Audit Guide for Cities, promulgated by the State Auditor pursuant to Minnesota Statute 6.65. Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; the provisions of the Uniform Guidance; and the minimum procedures for auditors as prescribed by Minnesota Statute 6.65, and will include tests of your accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. City of Cottage Grove November 6, 2023 Page 4 We will also conclude, based on the evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity’s ability to continue as a going concern for a reasonable period of time. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and direct confirmation of certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We may also request written representations from your attorneys as part of the engagement. We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers Audit Procedures – Internal Control We will obtain an understanding of the entity and its environment, including the system of internal control, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. City of Cottage Grove November 6, 2023 Page 5 An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures – Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of City of Cottage Grove, Minnesota’s compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of City of Cottage Grove, Minnesota’s major programs. For federal programs that are included in the Compliance Supplement, our compliance and internal control procedures will relate to the compliance requirements that the Compliance Supplement identifies as being subject to audit. The purpose of these procedures will be to express an opinion on City of Cottage Grove, Minnesota’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. The Minnesota Legal Compliance Audit Guide for Cities requires that we test whether the entity has complied with certain provisions of Minnesota statutes. Our audit will include such tests of the accounting records and other procedures as we consider necessary in the circumstances. Other Services We will also assist with the following other services based on information provided by you: preparation of the financial statements, the schedule of expenditures of federal awards and related notes in conformity with accounting principles generally accepted in the United States of America and the Uniform Guidance preparation of pension related workpapers and journal entries These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the services defined above. We, in our sole professional judgment, City of Cottage Grove November 6, 2023 Page 6 reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. You agree to assume all management responsibilities for the financial statements, the schedule of expenditures of federal awards, and related notes, the other services listed above, and any other nonattest services we provide. You will be required to acknowledge in the management representation letter our assistance with the nonaudit services listed above, that you have reviewed and approved those services prior to the issuance of the financial statements, and that you have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America; and for compliance with applicable laws and regulations (including federal statutes) rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related- party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the entity from whom we determine it City of Cottage Grove November 6, 2023 Page 7 necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, or grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. The summary schedule of prior audit findings should be available for our review upon the commencement of our audit. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19 related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in City of Cottage Grove November 6, 2023 Page 8 the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. With regard to publishing the financial statements on your website, you understand that websites are a means of distributing information and, therefore, we are not required to read the information contained in those sites or to consider the consistency of other information on the website with the original document. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information. Engagement Administration, Fees and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) along with the Data Collection Form to the Federal Audit Clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection City of Cottage Grove November 6, 2023 Page 9 Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditor’s reports or nine months after the end of the audit period. We will provide copies of our reports to City of Cottage Grove, Minnesota; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Redpath and Company, LLC and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to oversight agencies, regulators, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for the purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Redpath and Company personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend or decide to distribute the copies or information contained therein to others, including other governmental agencies. Unless additional work is requested or required, our fee for these services will be as follows: 2023 2024 2025 Financial audit1 $49,900 $52,450 $55,000 Single audit (if required)2 $6,000 $6,400 $6,800 1 includes ACFR preparation and preparation of GASB 68 pension workpapers 2 estimated amount assumes one major program; fee dependent on the complexity of the program Out-of-pocket costs, such as confirmation and courier fees, will be billed in addition to the fees stated above. We bill our fees monthly as work progresses and expect payment within thirty (30) days. Each invoice includes a detailed description of the services provided. Amounts over thirty (30) days will be considered delinquent. We reserve the right to assess a 1.5% per month service charge on any balance older than thirty (30) days. In the event it becomes necessary to refer this account to an attorney for collection (whether or not suit is commenced), you will be responsible for payment of all reasonable costs of such collections, including reasonable attorney fees. Our policy is to suspend work if your account becomes overdue by sixty (60) days or more, and work will not be resumed until your account is paid in full. Should we elect to discontinue services, you will be responsible for all time and expenses incurred through the date of termination regardless of whether we have issued a report or other final product. City of Cottage Grove November 6, 2023 Page 10 The above fees are based on the anticipated scope of services, anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered. The following circumstances may result in a change in scope of services and an increase in fees: Significant audit adjustments, internal control deficiencies or compliance findings, New accounting standards, Failure to complete the preparation work by the applicable due dates, Inaccurate records, Turnover in your staff, Significant unanticipated or undisclosed transactions, issues, or other such unforeseeable circumstances, Delays causing scheduling changes or disruption of previously scheduled timing of work (fieldwork), Circumstances requiring revisions to work previously completed or delays in resolution of issues that extend the period of time necessary to complete the audit Fraud or misuse of public funds Issues with the prior firm, prior year account balances, or disclosures that impact the current year adjustments. Our fees do not include bookkeeping or accounting assistance, preparation of audit workpapers, reconciliations or similar assistance (unless otherwise noted in the sections above). Our fees for such services will be dependent on the level of effort required. Services requested by you that are not included in this engagement letter will be billed dependent on the level of effort required and will be subject to all the terms of this letter. Our fees and rates are adjusted annually for general economic factors. If we are requested or required to provide documents or testimony to support litigation proceedings as a professional service on your behalf (that is, litigation in which we are not a party as a result of our engagement), you will be billed for our time at the current standard rates and all out-of-pocket expenditures, including copying costs and legal fees. The 2024 and 2025 engagements may be terminated by either party by providing notice by August 31, 2024 and August 31, 2025, respectively. Changes in the scope of the 2024 and 2025 engagements, if any, would be addressed via engagement letter addendum(s). Generally, scope changes involve significant changes in your operations or new accounting or audit standards. If such changes result in a scope change, fees would be updated via an engagement letter addendum. City of Cottage Grove November 6, 2023 Page 11 Record Keeping Responsibilities The AICPA Code of Professional Conduct requires Redpath and Company to maintain our independence with regards to certain attestation services provided to City of Cottage Grove, Minnesota. These rules require City of Cottage Grove, Minnesota to take responsibility for all nonattest services. Redpath and Company cannot serve as custodian for your data in such a way that your data is incomplete and accessible only through Redpath and Company or the Redpath portal. As such, any financial report, reconciliation, document, and calculation (depreciation schedules, journal entries, etc.) that we prepare or update on your behalf will be sent to you at the completion of each attest or nonattest service. You are responsible for downloading and maintaining these records as well as all supporting documents generated in the normal course of business until the retention period expires. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by oversight agencies, regulators, or pass-through entities. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Confidentiality We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures and safeguards to protect the confidentiality of your information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers. Privacy We have established policies and procedures to ensure that the entity’s non-public information is private and secure at all times. We maintain physical, electronic and procedural controls to comply with standards in safeguarding your information from loss, misuse, alteration or destruction (unless the destruction is according to our records retention schedule). We do not sell information to third parties. We do not disclose non-public information except as necessary to provide our services (see Confidentiality above) and as required by law. We do not disclose non- public information we receive to our affiliates unless authorized. City of Cottage Grove November 6, 2023 Page 12 Dispute Resolution In the event of a dispute over fees for our engagement, City of Cottage Grove, Minnesota and our firm mutually agree to try in good faith to resolve the dispute through mediation by selecting a third-party to help reach an agreement, in accordance with the following paragraph (Mediation). If we are unable to resolve the fee dispute through mediation, then, with the consent of both parties, such disputes may be settled by binding arbitration. We both acknowledge that should a dispute over fees arise that cannot be resolved through mediation, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury. Instead, we are accepting the use of arbitration for resolution. We believe that most disagreements can be resolved to mutual satisfaction in a friendly, non- threatening environment. While we do not expect there to be any problems whatsoever with our relationship, misunderstandings can occur. Therefore, we agree that any dispute arising under this agreement (including the scope, nature and quality of services to be performed by us, our fees or other terms of the engagement) shall be submitted to mediation. A competent and impartial third-party, acceptable to both parties, shall be appointed to mediate, and each disputing party shall pay an equal percentage of the mediator’s fees and expenses. No suit or arbitration proceeding shall be commenced under this agreement until at least sixty (60) days after the mediator’s first meeting with the involved parties. If the dispute requires litigation, the court shall be authorized to impose all defense costs against any non-prevailing party found not to have participated in the mediation process in good faith. Non-Solicitation of Employees In recognition of the importance of our employees, it is hereby agreed that City of Cottage Grove, Minnesota will not solicit our employees for employment or enter into an independent contractor arrangement with any individual who is or was an employee of Redpath and Company for a period of twelve months following the date of the conclusion of this engagement. If City of Cottage Grove, Minnesota violates this non-solicitation clause, City of Cottage Grove, Minnesota agrees to pay Redpath and Company a fee equal to 25% of the hired person’s last annual salary at Redpath and Company at the time of violation so as to reimburse Redpath and Company for the costs of hiring and training a replacement. Reporting We will issue a written report upon completion of our Single Audit and our audit of City of Cottage Grove, Minnesota’s financial statements which will also address other information in accordance with AU-C 720, The Auditor’s Responsibilities Relating to Other Information Included in Annual Reports. Our reports will be addressed to the City Council of City of Cottage Grove, Minnesota. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, City of Cottage Grove November 6, 2023 Page 13 withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. We appreciate the opportunity to be of service to City of Cottage Grove, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign this letter and return it to us via email. Sincerely, REDPATH AND COMPANY, LLC Rebecca M. Petersen, CPA RMP/tgs City of Cottage Grove November 6, 2023 Page 14 Response This letter correctly sets forth the understanding of City of Cottage Grove, Minnesota. _____________________________________ Management signature _____________________________________ Title _____________________________________ Date _____________________________________ Governance signature _____________________________________ Title _____________________________________ Date Nonaudit Services The individual(s) assigned to oversee the nonaudit services is the Finance Director, unless indicated below: ___________________________________________ (name and title) 1 City Council Action Request 7.E. Meeting Date 11/15/2023 Department Finance Agenda Category Action Item Title Summers Landing 3rd Addition Final Streets Costs & Assessments Staff Recommendation Adopt Resolution 2023-139, declaring costs to be assessed and adopting assessments for Summers Landing 3rd Addition Final Streets. Budget Implication N/A Attachments 1. cc memo Summers Landing 3rd Final Assessment 2. Summers Landing 3rd projects costs updated 2023 for Council Meeting 11-15-2023 updated 11-7-2023 3. 2023-139 Resolution Declaring Costs and Adopting Assessments for Summers Landing 3rd Addition To:Mayor and City Council Members Jennifer Levitt, City Administrator From:Brenda Malinowski, Finance Director Date:November 15, 2023 Subject:Declare costs and adopt assessments for final streets and utilities construction – Summers Landing 3rd Introduction Summers Landing 3rd Addition streets and utilities construction is substantially complete. Costs for these petitioned improvements are available to be assessed against the benefiting properties as described in the development agreement. In addition, the developer signed an assessment waiver for these improvements. Discussion Summergate Development petitioned for the construction of Summers Landing 3rd infrastructure in their Development Agreement. Summergate waived their assessment appeal rights pursuant to Minnesota Statutes, Chapter 429 in return for the City’s efforts to facilitate the collection of funding for the petitioned items. The first assessment for Summers Landing 3rd was assessed in 2019. The 2023 assessment is for the final streets that were completed during the summer of 2023. The City has already received the $292,448 for this 2023 assessment from the developer. Action Requested Adopt Resolution 2023-139 to declare costs and adopt assessment for Summers Landing 3rd Addition. PROJECT Summers landing PHASE Phase 3 NUMBER OF LOTS 76 TOTAL NUMBER OF LOTS 391 ASSESSMENT TERM 5 years 2019-123 2023 FEASIBILITY Bid FIRST FINAL TOTAL DESCRIPTION ESTIMATE Amount ASSESSMENT Assessment ASSESSMENTS CONSTRUCTION COSTS: General 62,600.00$ 74,650.00$ 77,515.00$ (7,609.05)$ 69,905.95$ Sanitary Sewer 342,700.00$ 193,759.50$ 195,168.05$ (999.90)$ 194,168.15$ Water Main 373,370.00$ 270,139.50$ 263,615.50$ 436.50$ 264,052.00$ less: credit for oversizing (54,613.00)$ (40,903.00)$ (41,608.00)$ (41,608.00)$ Services 190,550.00$ 123,340.00$ 123,340.00$ -$ 123,340.00$ Storm Sewer 343,905.00$ 292,256.50$ 294,389.75$ (2,941.32)$ 291,448.43$ Street Improvements 508,277.00$ 405,450.00$ 415,409.80$ (12,966.99)$ 402,442.81$ Sidewalks 140,110.00$ 114,765.00$ 118,925.00$ (4,460.91)$ 114,464.09$ Bituminous trails -$ -$ -$ -$ -$ Street Lighting-installation 79,200.00$ 54,041.25$ 66,391.25$ (12,350.00)$ 54,041.25$ 1,986,099.00 1,487,498.75$ 1,513,146.35$ (40,891.67)$ 1,472,254.68$ Final streets - - 188,913.55 188,913.55 1,986,099.00$ 1,487,498.75$ 1,513,146.35$ 148,021.88$ 1,661,168.23$ **OTHER COSTS: Engineering 17.00%337,636.83$ 252,874.79$ 199,082.70$ 136,569.90$ 335,652.60$ *Finance & Administration 2.00%39,721.98$ 29,749.98$ 9,746.54$ (209.04)$ 9,537.50$ Testing,Row and other 1.00%19,860.99$ 14,874.99$ 13,059.00$ 5,343.00$ 18,402.00$ Engineering Administration 2.00%39,721.98$ 29,749.98$ 30,262.93$ 2,960.43$ 33,223.36$ Rounding -238.17 (238.17)$ SUB-TOTAL OTHER COSTS 436,941.78$ 327,249.73$ 252,151.17$ 144,426.12$ 396,577.29$ TOTAL ALL COSTS 2,423,040.78$ 1,814,748.48$ 1,765,297.52$ 292,448.00$ 2,057,745.52$ LESS DEPOSIT (50,000.00)$ -$ (50,000.00)$ LESS Escrows from Summers Landing 3rd -$ TOTAL COSTS LESS DEPOSIT 2,423,040.78$ 1,814,748.48$ 1,715,297.52$ 292,448.00$ 2,007,745.52$ AREA CHARGES: Assessed to Plat Trunk Water Area Charge 56,570.00$ 56,570.00$ 56,570.00$ -$ 56,570.00$ Hadley onsite improve 99,139.00$ -$ -$ (0.00)$ (0.00)$ Sanitary Sewer Area Charge 32,165.00$ 32,165.00$ 32,165.00$ 32,165.00$ Trunk Storm Area Charge 69,851.00$ 69,851.00$ 69,851.00$ -$ 69,851.00$ TOTAL AREA CHARGES 257,725.00$ 158,586.00$ 158,586.00$ (0.00)$ 158,586.00$ TOTAL ASSESSMENT ROLL 2,680,765.78$ 1,973,334.48$ 1,873,883.52$ 292,448.00$ 2,166,331.52$ TOTAL ASSESSED COST 2,680,765.78$ 1,973,334.48$ 1,873,883.52$ 292,448.00$ 2,166,331.52$ 35,273.23$ 25,964.93 24,024.15$ 3,848.00$ 27,872.15$ CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2023-139 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ADOPTING ASSESSMENTS FOR SUMMERS LANDING 3rd ADDITION FINAL STREET IMPROVEMENTS WHEREAS, contracts were let for Summers Landing 3rd Addition Streets and Utility installation as petitioned by Summergate Development (Developer) in their Development Agreement which was approved on May 15, 2019. The cost of the improvements as outlined in the development agreement totals $292,448; and WHEREAS, Exhibit D of this Developer Agreement, agrees to the levy of these project costs in an assessment against the lots in the 3rd Addition and waived their assessment appeal rights pursuant to Minnesota Statutes, Chapter 429 in return for the City’s efforts to facilitate the collection of funding for the petitioned items. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, as follows: 1. Such proposed assessment, in the amount of $292,448, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to benefit by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, at an interest rate of 5.00%, the first of the installments to be payable on or before the first Monday in January 2024 and shall bear interest on the entire assessment from the date of this resolution until December 31, 2024. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and she/he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Director of Finance shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid in the same manner as other municipal taxes. Passed this 15th day of November 2023. __________________________ Myron Bailey, Mayor Attest: ___________________________ Tamara Anderson, City Clerk 1 City Council Action Request 7.F. Meeting Date 11/15/2023 Department Public Safety Agenda Category Action Item Title Appointment of Jon Pritchard to Deputy Director of Public Safety - Fire Chief Staff Recommendation Approve the appointment of Jon Pritchard to the position of Deputy Director of Public Safety – Fire Chief, effective Saturday, December 30, 2023. Budget Implication N/A Attachments None 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Pete Koerner DATE: November 15, 2023 RE: Appointment of Jon Pritchard to Deputy Director of Public Safety - Fire Chief Discussion Deputy Director of Public Safety – Fire Chief Rick Redenius announced his upcoming retirement for December 29, 2023. This created a vacancy and allowed us time to do a selection process and transition. On October 19, seven panel members, divided into two separate groups, interviewed four candidates for Fire Chief. Each group interviewed the candidates for 30 minutes. During the course of the hour-long interview, over ten questions were asked of each candidate related to their qualifications for the position, firefighter wellness, training, risk management, recruitment and retention, community engagement, communication, safety, and budgeting. Panel A: Gwen Martin, Deputy Director of Public Safety/Captain- Emergency Management Gary Orloff, Streets Superintendent (former firefighter) Brenda Malinowski, Finance Director Panel B: Peter Koerner, Director of Public Safety Emily Schmitz, Community Development Director Joe Fischbach, Human Resources Manager John Wright, St. Paul Park Refinery Fire Chief/St. Paul Park Fire Captain Afterwards, the two panels met to discuss and rate the candidates. The top two scoring candidates were selected as finalists. They are Jon Pritchard and Corey Larson. Both were sent to do a full battery of tests administered by Martin-McAllister Consulting Psychologist’s office. The testing measured the candidates’ intelligence, leadership, management style, social skills, basic personality traits and communications skills. The candidates also participated in an in-basket exercise. On November 1st, the Fire Department held a public meet and greet with the two finalists where attendees could share feedback regarding the finalists via comment cards. The 2 comment cards were shared with the City Council, along with their application packet and management assessment summaries. The City Council interviewed the finalists later that night and voted to offer the position to Jon Pritchard and bring a Council item to the November 15th meeting for formal approval. Jon will serve a one-year probationary period in accordance with the City’s Personnel Policy. His first day as Fire Chief will be Saturday, December 30, 2023. He will be placed in the city’s non-represented pay plan level X01, step 4. Recommendation Approve the appointment of Jon Pritchard to the position of Deputy Director of Public Safety – Fire Chief, effective Saturday, December 30, 2023. Attachments None 1 City Council Action Request 7.G. Meeting Date 11/15/2023 Department Public Safety Agenda Category Action Item Title Acceptance of the Washington County All-Hazard Mitigation Plan Staff Recommendation Adopt Resolution 2023-140, supporting the Washington County All- Hazard Mitigation Plan. Budget Implication N/A Attachments 1. RESOLUTION 2023-140 adopting Washington County All-Hazard Mitigation Plan 1 TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Pete Koerner DATE: November 15, 2023 RE: Acceptance of the Washington County All-Hazard Mitigation Plan Discussion Washington County Sheriff’s Office Emergency Management staff are responsible for the development of emergency preparedness plans and resources necessary to protect the health and safety of Washington County citizens, and they have completed the most recent update to the Washington County All-Hazard Mitigation Plan. The Emergency Management Division of the City of Cottage Grove coordinates and collaborates with Washington County Emergency Management and incorporates their emergency preparedness plans into Cottage Grove’s All- Hazard Plan. Hazard mitigation is the effort to reduce loss of life and property by lessening the impact of disasters. Hazard mitigation is most effective when implemented under a comprehensive, long-term mitigation plan that is key to breaking the cycle of disaster damage, reconstruction, and repeated damage. The Washington County All-Hazard Mitigation Plan has been developed and updated in cooperation with all local jurisdictions in the county. The plan update process engaged representatives from cities and townships in hazard mitigation planning; risks and vulnerabilities that exist in our communities associated with natural, technological, and human- caused disasters were identified and long-term strategies for protecting people and property from future disasters were developed. The Federal Emergency Management Agency and the Minnesota Division of Homeland Security have approved the updated Washington County’s All-Hazard Mitigation Plan. The updated plan has also been approved and adopted by the County Board. The last step in the plan update process is the adoption locally by City Councils and Town Boards by resolution— which is what is being requested. Adoption of the Washington County All-Hazard Mitigation Plan assists in federal and state funded grants, trainings, and drills that the City of Cottage Grove can receive and participate in. Recommendation 2 Adopt Resolution 2023-140, supporting the Washington County All-Hazard Mitigation Plan. Attachments 1. RESOLUTION 2023-140 adopting Washington County All-Hazard Mitigation Plan CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2023-140 ADOPTION OF THE WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Cottage Grove has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mit igation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, supports the hazard mitigation planning effort and wishes to adopt the Washington County All-Hazard Mitigation Plan. Passed this 15th day of November, 2023. _________________________________ Myron Bailey, Mayor Attest: ________________________________ Tamara Anderson, City Clerk 1 City Council Action Request 7.H. Meeting Date 11/15/2023 Department Community Development Agenda Category Action Item Title Tinucci Lot Split – Minor Subdivision Approvals Extension Staff Recommendation Adopt Resolution 2023-142 approving a one-year extension of the Minor Subdivision approvals for the Tinnuci Lot Split – Minor Subdivision. Budget Implication N/A Attachments 1. Tinucci Minor Subdivision Extension CC Memo 2. Tinucci Minor Subdivision Extension Request for Extension 3. Tinucci Minor Subdivision Extension Resolution TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Conner Jakes, Associate Planner DATE: November 15, 2023 RE: Tinucci Lot Split – Minor Subdivision Approvals Extension Introduction Mark Tinucci (Applicant) has submitted a request for a one-year extension for the minor subdivision approvals that were granted on December 7, 2022 (Resolution 2022-156). Location Map Background At its December 7, 2022, meeting, the City Council approved a Minor Subdivision to subdivide a 4.26-acre parcel located at 6525 Hadley Avenue South into two separate parcels : 2.51 acres and 1.75 acres respectively. Honorable Mayor, City Council, and Jennifer Levitt Tinucci Lot Split – Minor Subdivision Approvals Extension November 15, 2023 Page 2 of 2 Current Site Proposed Site The Applicant has provided a written request to extend the minor subdivision approvals for an additional one year. Given the current market conditions, the Applicant has indicated additional time is needed to further solidify the project. Recommendation The City Council is recommended to adopt the resolution approving a one-year extension of the Minor Subdivision approvals for the Tinnuci Lot Split – Minor Subdivision. Attachments: − Applicant’s Written Extension Request − Resolution From:markjr tinuccis.com To:Conner Jakes Subject:Re: 6525 Hadley Ave S - Minor Subdivision Approvals Date:Friday, September 22, 2023 2:08:37 PM EXTERNAL EMAIL WARNING: This email originated from an outside organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Connor, I would ask the City Council to extend the Minor Subdivision Approval for an additional year. I opted to move the build to 2024. We are still working with the bank to approve the dividing of the property, as there is still a small mortgage on the property. Please let me know if you need anything else. 651-280-8933. Thank You, Mark Tinucci Jr Tinucci's Catering CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2023-142 RESOLUTION APPROVING A ONE-YEAR EXTENSION TO RESOLUTION 2022-156, WHICH APPROVED A MINOR SUBDIVISION TO SUBDIVIDE A 4.26-ACRE PARCEL OF LAND LOCATED AT 6525 HADLEY AVENUE SOUTH INTO TWO LOTS WHEREAS, Mark Tinucci Sr., received Minor Subdivision approvals at the December 7, 2022, City Council meeting to subdivide a 4.26-acre parcel of land into two lots of 2.51 acres and 1.75 acres on property legally described below: Lot 6, Block 2, Timber Ridge 6th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 6525 Hadley Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the applicant has provided a written request to extend the approvals for an additional one year due to current market conditions and additional time needed to solidify the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves a n extension to Resolution 2022-156 until December 7, 2024, and subject to the following condition: 1. All conditions stipulated in Resolution 2022-156 shall be abided by. Passed this 15th day of November 2023. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 7.I. Meeting Date 11/15/2023 Department Community Development Agenda Category Action Item Title Street Name Change – Southeast Industrial Park 3rd Addition Staff Recommendation Adopt Resolution 2023-141 approving the street name change from 91st Street Alcove South to 91st Street Court South in the plat known as Southeast Industrial Park 3rd Addition. Budget Implication N/A Attachments 1. Street Name Change CC Memo 2. Street Name Change Resolution TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Conner Jakes, Associate Planner DATE: November 15, 2023 RE: Street Name Change – Southeast Industrial Park 3rd Addition Background Staff was contacted by Opus Development Company, LLC in regard to the addressing of the currently under construction RJ Schinner parcel at 7530 91st Street Alcove South. The parcel is Lot 1, Block 1 within the Southeast Industrial Park 3rd Addition. The developer has stated there have been issues of commercial delivery vehicles being routed to 91st Street Alcove within the residential development of Summers Landing due to the street name being the same as the RJ Schinner parcel. To rectify the situation, staff is proposing to change the street name of 91st Street Alcove South to 91st Street Court South within the plat known as Southeast Industrial Park 3rd Addition. This change will result in Lot 1, Block 1 of the Southeast Industrial Park being addressed as 7530 91st Street Court South and Outlot A being addressed as 7540 91st Street Court South. In addition, the street name change will not affect the addressing of the North Star Sheets parcel to the south (Lot 1, Block 1 in the plat known as Southeast Industrial Park) as the parcel is addressed off of 91st Street South, and not the street in question. Recommendation The City Council is recommended to adopt the Resolution approving the street name change from 91st Street Alcove South to 91st Street Court South in the plat known as Southeast Industrial Park 3rd Addition. CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2023-141 A RESOLUTION APPROVING THE CHANGE OF A STREET NAME FROM 91ST STREET ALCOVE SOUTH TO 91ST STREET COURT SOUTH IN THE PLAT KNOWN AS SOUTHEAST INDUSTRIAL PARK 3RD ADDITION WHEREAS, Southeast Industrial Park 3rd Addition is a plat of record and contains a publicly dedicated street which was named 91st Street Alcove South; and WHEREAS, 91st Street Alcove South in the Southeast Industrial Park 3rd Addition duplicates in name 91st Street Alcove South in the Summers Landing 4th Addition plat, thus creating confusion. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the change of street name from 91st Street Alcove South to 91st Street Court South in the plat known as Southeast Industrial Park 3rd Addition. Passed this 15th day of November 2023. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 7.J. Meeting Date 11/15/2023 Department Parks, Recreation and Natural Resources Commission Agenda Category Action Item Title Local Option Sales Tax - Special Law Staff Recommendation Authorize resolution approving Special Law regarding a Local Option Sales Tax for Cottage Grove and filing of the Certificate of Approval of Special Law with the Secretary of State. Budget Implication n/a Attachments 1. 1-Memo - Resolution Approving Special Law 2. 2-LOST Resolution Certification to SoS 11-7-23 clean 3. 3-Certificate To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From: CC: Zac Dockter, Parks and Recreation Director Date:November 8, 2023 Subject:Local Option Sales Tax Resolution to Approve Special Law Introduction/Background The City received approval from the MN Legislature to ask Cottage Grove residents, via a referendum on November 2024, to apply a Local Option Sales Tax (LOST) of 0.5% to fund up to $36M in improvements to Hamlet Park, Mississippi Dunes Park and the River Oaks Golf Course and Event Center. The State of MN requires local governments to approve the Special Law, via resolution, in order for it to become effective. Additionally, the City must submit a Certificate of Approval of Special Law by Governing Body to the Secretary of State. Both of these tasks must be completed at least 90 days prior to submitting an election ballot. Staff Recommendation Authorize resolution 2023-145 approving Special Law regarding a Local Option Sales Tax for Cottage Grove and filing of the Certificate of Approval of Special Law with the Secretary of State. CITY OF COTTAGE GROVE CITY COUNCIL RESOLUTION NO. 2023-145 RESOLUTION APPROVING MINNESOTA SESSION LAWS 2023, CHAPTER 64, ARTICLE 10, RELATING TO ALLOWING THE CITY OF COTTAGE GROVE TO IMPOSE A LOCAL OPTION SALES TAX WHEREAS, Minnesota Session Laws 2023, Regular Session, Chapter 64, Article 10, (“Local Sales and Use Taxes”) allows the City of Cottage Grove to impose a local sales tax; and WHEREAS, the special law is effective upon approval by a majority vote of the City Council, and filing a certificate with the Minnesota Secretary of State, all in accordance with Minnesota Statutes, Section 645.021 subd. 2 and 3; and WHEREAS, the City Council has determined that it is in the best interest of the City and its residents to approve the Special Law; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that: 1. The Special Law is hereby approved in all respects. 2. The City Clerk is authorized and directed to file with the Secretary of State a certified copy of this resolution and the appropriate certificate in the form prescribed by the State Attorney General. 3. City staff are authorized and directed to take all actions necessary to implement the special law and bring this Council further proceedings as necessary in order to implement the Special Law. Passed this 15th day of November 2023. __________________________ Myron Bailey, Mayor Attest: ___________________________ Tamara Anderson, City Clerk CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of Washington TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the City of Cottage Grove DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2023, Chapter 10 requiring approval by a majority* of the governing body of said local governmental unit before it becomes effective, the City Council at a meeting duly held on the 15th day of November 2023, by resolution 2023- did approve said Laws, 2023, Chapter 64 by a __________ majority vote* of all of the members thereof (Ayes_______; Noes ________; Absent or not voting __________) and the following additional steps, if any required by statute or charter were taken: ______________________________________________________________________________ A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: _____________________________ ___________________________ (Print Name) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) *If extraordinary majority is required by the special law, insert fraction o centage here.r per Please see reverse side for instructions for completing this form. S:\ELECT\ELECT\OPENAPPT\CERTIFICATE OF APPROVAL OF SPECIAL LAW.doc ____________________________ (Official designation of officer) INSTRUCTIONS • Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate of Approval form and in the resolution that approves the special law. • Return the completed originally signed Certificate of Approval form with a photo copy of the resolution that approved the special law to: Official Documents Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd St Paul, MN 55155-1299 • If you have any questions please contact the official documents team at official.documents@state.mn.us or call 651-556-0643. 1 City Council Action Request 7.K. Meeting Date 11/15/2023 Department Parks, Recreation and Natural Resources Commission Agenda Category Action Item Title Pine Tree Valley Park Sports Lighting Change Order Staff Recommendation Authorize change orders for the Pine Tree Valley Park Sports Lighting project. Budget Implication Attachments 1. 1-Council Memo-PT Valley Lighting Change Order #2 2. 2-#228718 Pine Tree Valley Change Order Request 3. 3-Change Order #2 - Pine Tree Hockey and Skate 4. 4-CO #2 Second Quote - EMC H1 Base Install Quote To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From: CC: Zac Dockter, Parks and Recreation Director Date:August 7, 2023 Subject:Pine Tree Valley Park Sports Lighting Change Order Approval Introduction/Background The 2023 capital improvements plan includes $65,000 for replacement of the Pine Tree Valley Park ice rink lighting. This project is designed to remove and replace the entire sports lighting system. The existing four wood poles and wiring are over 40 years old and the metal-halide light fixtures are approximately 20 years old. City Council authorized a service agreement in September with Musco Lighting to construct the proposed system including two 50-foot galvanized poles with 8 LED light fixtures at a price of $55,561. As construction began this fall, the need for two change orders are being requested: Change Order #1 – Upgrade electrical to compensate for outdated systems from original 1977 construction including the underground wiring from transformer (located across Indian Blvd), junction box at building and electrical panel. Cost = $2,720 Change Order #2 – Mitigate subsurface rocks to allow for proper drilling of the pole bases/footings per plan specifications and to not effect photometrics of lighting system. Concrete tubing will be added to address the adverse soil conditions. Cost = $6,014 Staff and the project consultant team (Sports Lighting Authority) recommend approval of the proposed change orders. Staff Recommendation Authorize change orders No. 1 and No. 2 for the Pine Tree Valley Park Sport Lighting project for $8,734. M-4037-enUS-2 CHANGE ORDER REQUEST Date: 9/13/23 Change Order #: 1 Contract Date: 9/6/23 Project: Pine Tree Valley Hockey and Skate To: City of Cottage Grove Attn: Zac Dockter The contract is changed as follows: - Electrical upgrade Original Contract Sum: $ 55,561 Net Change by Previous Change Orders: $ 0 Contract Price Prior to This Change Order: $ 55,561 Change Order Amount: $ 2,720 New Contract Sum Including This Change Order: $ 58,281 Pine Tree Valley Musco Sports Lighting, LLC Signed: _______________________ Signed: ________________________ Zac Dockter Rachel Hadden City of Cottage Grove P.O. Box 808 8635 W Pt Douglas Rd 100 1st Ave West Cottage Grove, MN 55016 Oskaloosa, IA 52577 763-261-4502 641-676-2416 M-4037-enUS-4 CHANGE ORDER REQUEST Date: 10/27/23 Change Order #: 2 Contract Date: 10/26/23 Project: Pine Tree Valley Hockey and Skate To: City of Cottage Grove Attn: Zac Dockter The contract is changed as follows: During pole installation, the contractor encountered rocks at roughly 5'. These will need to be removed in order to install base per plans and not affect the photometrics. Due to conditions this location will need to be tubed. Original Contract Sum: $55,561 Net Change by Previous Change Orders: $2,720 Contract Price Prior to This Change Order: $58,281 Change Order Amount: $6,014 New Contract Sum Including This Change Order: $64,295.00 City of Cottage Grove Musco Sports Lighting, LLC Signed: _______________________ Signed: ________________________ Zac Dockter Rachel Hadden City of Cottage Grove P.O. Box 808 8635 W Pt Douglas Rd 100 1st Ave West Cottage Grove, MN 55016 Oskaloosa, IA 52577 763-261-4502 641-676-2416 Quote ELECTRO MECHANICAL CONTRACTING, INC. 1519 Central Ave. NE Minneapolis, MN 55413 Phone: 612-706-8619 Fax: 612-706-8622 Prepared For: Sports Lighting Authority October 30, 2023 Project: Pine Tree Valley Park, Cottage Grove MN. Attention: Harlan Quoted by: Mike Lent Access – Require drivable access to each location for 80,000 lb. trucks to all locations. Plus adequate area to build the poles. Provide crew, drill rig and boom truck for the foundation coring. 1.Mobe to Cottage Grove Minnesota. 2.Core 5’ x 30” feet in existing rock (assumed to be limestone). TOTAL: $5.555.00 1. Excludes all obstructions, including cobbles and boulders, shelf rock, trees, man-made objects or other obstructions encountered while drilling. These are non-standard conditions and would be subject to an extra charge. An obstruction is any object that would slow or stop the augur process, or put undue stress on the equipment. 2.Excludes all ground water. 3. Excludes any permanent casing. 4. Excludes any fence removal, fence post removal, netting removal, and removal of anything else required for access and reinstallation of removed items. 5. Excludes any spoil handling. 6. Excludes all private locates, including sprinkler system. 7.Assume production rate of coring not to exceed 1 foot per hour. 8. Excludes furnishing of any storage container or dumpsters. 9. Excludes all crane mats. If crane mats are needed due to access issues, crane mat rental cost will be an add. 10. Excludes all survey and layout work. 11. Excludes all snow removal, including snow piles. 12. Excludes all temporary roadways to foundation locations and excludes removal of temporary roadways. 13. Excludes all tree / bush trimming and excludes replacement of any trees/ bushes 14. Excludes all blacktop removal and restoration. 15.Existing rock assumed to be limestone. 16. Excludes any and all permits of any kind unless otherwise noted. Consumables if used when there are obstructions: Teeth $15.00 / tooth Pockets $25.00 / pocket Belts / Chains $625.00 / belts Welding repairs $85.00 / hour Unit rate for obstructions, without groundwater, including approval wait time for the add & tooling change time. If additional tooling is required, then the remobe is also T & M. $505.00 / hour plus consumables Thank you for the opportunity to quote this project. All work is to be performed by IUOE personnel. Quote is subject to the standard conditions and exclusions specified by Electro Mechanical Contracting Inc. _____________________________________ ___________________________ Customer Signature Date Quote #2 1 City Council Action Request 7.L. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title Federal & State Transportation Lobbying Agreement Staff Recommendation Authorize entering into an agreement with Aurora Strategic Advisors for Federal and State lobbying services in 2024. Budget Implication $66,000 for 2024 lobbying services. Attachments 1. Federal & State Lobbyist Agreement Memo_2024-11-8 2. Agreement for Professional Services for lobbyist To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From:Ryan Burfeind, PE, Public Works Director Date:November 8, 2023 Re:Federal & State Transportation Lobbying Agreement Background In 2022, the City of Cottage Grove solicited proposals for federal lobbying services, to assist in obtaining transportation funding through earmarks and the $1.1 trillion infrastructure bill. Two proposals were obtained, from Aurora Strategic Advisors (ASA) and Primacy Strategy Group. As a primary goal was obtaining funding for the County 19A & 100th Street Realignment Project (100th Street Project), and ASA’s work with Washington County, there was a good opportunity for synergy in hiring them. Also, ASA provided the lower proposal price between the two, with a similar scope of service. During 2022, the City was successful in obtaining $5,000,000 in funding to be used for a rehabilitation project on 80th Street. This funding was part of a federal Community Project Funding (CPF) grant, also known as an earmark. Currently, ASA is assisting with a $3,000,000 CPF grant request for the County 19A & 100th Street Realignment project, and a $25 million Rural Surface Transportation grant request as well. In 2023, the City expanded their services with ASA to include State lobbying services. During the 2024 legislative session, the City will be pursuing $12.5 million in bonding funds for the County 19A & 100th Street Realignment project, in which ASA will be a key asset to make this request successful. Obtaining funding either at a State or Federal level is key to delivering the project and greatly expanding the developable land in the Business Park. Discussion The City attorney has drafted a professional services agreement to cover the scope of work for the 2024 federal and state legislative sessions. Continuing to work with ASA is recommended due to relationships that have been built at the State and Federal level, along with the continued synergy as we partner with Washington County on these efforts. The total cost for these lobbying services in 2024 is $66,000. Recommendation It is recommended the City Council authorize entering into an agreement with Aurora Strategic Advisors for federal and state lobbying services in 2024. 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT (“Agreement”) is made and executed this ___ day of _____________, 2023, by and between the City of Cottage Grove, 12800 Ravine Parkway, Cottage Grove, Minnesota 55016, (“City”) and Aurora Strategic Advisors, Inc., 2809 East Lake of the Isles Parkway, Minneapolis, Minnesota, 55408 (“Consultant”). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services; and WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of providing government relations, strategic counsel, and lobbying services at both the Federal and State levels of government (“Services”). i. To advance federal opportunities for the City during the United States Federal Government’s 2024 legislative session, Consultant shall perform certain services, which shall include, but is not limited to, the following: 1. Help review/identify projects as congressional “community projects.” 2. Support City efforts to secure federal grant funding via Congressional support. 3. Advise on effective messaging to support federal requests. 4. Review materials for submission to ensure they conform and are compelling. 5. Engage with federal officials to support priorities. 6. Advise the City on stakeholder engagement to support priorities. 7. Support meetings with key external stakeholders, if necessary. ii. To advance state opportunities for the City during the State of Minnesota’s 2024 legislative session, Consultant shall perform certain services, which shall include, but is not limited to, the following: 1. Participate in City meetings as requested and be available to City staff by phone or email. 2. Provide regular updates to the City regarding services performed pursuant to this Agreement. 2 3. Facilitate relationships between City staff and key elected officials, 4. Coordinate meetings with key legislators and, as necessary, Governor Walz’s office. b. Consultant covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, subject to Section 7 of this Agreement. 2. PAYMENT. a. City agrees to pay $66,000.00 to Consultant for the Services as set forth in this Agreement. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Consultant shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on January 1, 2024, until December 31, 2024, unless terminated prior to that date pursuant to Section 4. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (30) days’ written notice delivered to the other party to the addresses listed in Section 12 of this Agreement. Upon termination under this provision, if there is no default by the Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. 5. SUBCONTRACTORS. Consultant shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant’s receipt of payment by the City for undisputed services provided by the subcontractor. 3 6. STANDARD OF CARE. In performing its Services, Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. No warranty, express or implied, is made or intended by Consultant’s undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY’S REPRESENTATIVE. The City has designated Jennifer Levitt to act as the City’s representative with respect to the Services to be performed under this Agreement. She shall have complete authority to transmit instructions, receive information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Consultant has designated Mike Erlandson to be the primary contact for the City in the performance of the Services. He shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant and City each agree to indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant’s employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City’s employees. 11. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City 4 when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. Consultant retains the right to use the work performed on behalf of the City for promotional purposes and to list City as a client of Consultant. 12. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Cottage Grove 12800 Ravine Parkway Cottage Grove, MN 55016 Attention: City Administrator Or emailed: jlevitt@cottagegrovemn.gov If to Consultant: Aurora Strategic Advisors, Inc. 2809 East Lake of the Isles Parkway Minneapolis, Minnesota, 55408 Attention: Mike Erlandson Or emailed: mikeerlandson@gmail.com 13. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $1,000,000 for any number of claims arising out of a single occurrence. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 15. CONFIDENTIALITY. In order to perform the Services of this Agreement, City may disclose, and Consultant may be in possession of, certain information or data that is confidential. Confidential information means any data or information that is designated as not public by Minnesota statute or federal law applicable to the data. Consultant agrees to use any confidential information it receives solely in connection with the Services provided 5 in this Agreement and not for any purpose other than as authorized by this Agreement or without prior written consent of the authorized representative of the City or City Council. All use of confidential information by the Consultant shall be for the benefit of the City and any modifications and improvements thereof by the Consultant shall be the sole property of the City. No other right or license, whether express or implied, in any confidential information is granted to the Consultant by the City under this Agreement. 16. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. c. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. d. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. e. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. f. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 6 CITY OF COTTAGE GROVE By: Myron Bailey, Mayor By: Tamara Anderson, City Clerk Date: 7 AURORA STRATEGIC ADVISORS, INC. By: Mike Erlandson, Owner Date: 1 City Council Action Request 7.M. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title Public Works Utility and Engineering Building - Contract for Construction Management Services Staff Recommendation Authorize the contract for Construction Manager at Risk with a Guaranteed Maximum Price between Kraus Anderson and the City of Cottage Grove for the construction of the Public Works Utilities and Engineering building project. Budget Implication $15,000 from the water utility fund. Attachments 1. Council Memo-Kraus Anderson Proposal PWUEB 2. Owner Contract - Cottage Grove Utility Building CLEAN To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From:Ryan Burfeind, Public Works Director Date:November 8, 2023 Subject:Public Works Utility and Engineering Building – Contract for Construction Management Services Background On April 5, 2023, the City Council reviewed and provided feedback on the Public Works Utilities and Engineering building 30% design from Wold Architects and authorized preparation of plans and specifications. The City Council subsequently authorized the solicitation of bids for the project on October 18, 2023. Discussion The proposed delivery method for this project is Construction Management at Risk (CMR), which has been successfully used to complete several building construction projects in the City. In following up to the April 5th meeting, attached is the contract with Kraus Anderson for the Council’s review and approval. In the Construction Management at Risk (CMR) model, the Owner has a contract with an entity that provides consultation through design phase, manages the cost estimating of the project to stay on budget, and ultimately bids all of the project divisions out individually. The Construction Manager then holds all of the contracts with each subcontractor. In this model, the CM holds the risk of those contracts and delivering at the Guaranteed Maximum Price (GMP) for the project. This model allows the City to help control costs, manage the project budget, provide transparency through construction and keep a hands-on approach throughout the bidding and construction process. Examples of local projects completed by Kraus Anderson include: Cottage Grove Ice Arena Construction/Expansion Cottage Grove Ice Arena Locker Room Expansion Central Fire Station River Oaks Kitchen Expansion Oltman Middle School Construction Washington County South Service Center Construction Glacial Valley Park Building (nearing final completion) Based upon these past working relationships and their ability to deliver excellence, staff is highly confident with the Kraus Anderson team and their ability to manage this project with expertise and professionalism. Kraus Anderson is aware of the City’s goals, policies, practices and expectations which will help to ensure a positive and efficient project delivery. Included with this memo is the contract with Kraus Anderson, which has been reviewed by the City Attorney. Fee Kraus Anderson has submitted a fee proposal based on the following: Pre-Construction Services - $15,000 flat fee Construction Phase Services – 2.25% of construction These fees are consistent with past projects, including the Glacial Valley Park Building. Staff Recommendation Authorize the contract for Construction Manager at Risk with a Guaranteed Maximum Price between Kraus Anderson and the City of Cottage Grove for the construction of the Public Works Utilities and Engineering building project. Document A133® – 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AGREEMENT made as of the Ninth day of June in the year 2023 (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 and the Construction Manager: (Name, legal status, address, and other information) Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 54404 for the following Project: (Name, location, and detailed description) New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 The Architect: (Name, legal status, address, and other information) Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 The Owner and Construction Manager agree as follows. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.") § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) New Utility and Engineering Building § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) This is a new facility to be located in Cottage Grove off Ideal Avenue. It is approximately 35,000 square feet including administration office space, locker rooms, vehicle storage, shop space and cold storage area. § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 3 Twelve Million Dollars ($12,000,000.00). § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: Design Development Drawings: June 6, 2023 Construction Documents: July/August 2023 .2 Construction commencement date: Spring/Summer of 2024. To be confirmed at time of GMP pending lead times of materials. .3 Substantial Completion date or dates: Winter 2023/2024. To be confirmed at time of GMP. .4 Other milestone dates: § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: (Identify any requirements for fast-track scheduling or phased construction.) N/A § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) N/A § 1.1.6.1 If the Owner identifies a Sustainable Objective, prior to commencement of Work the Owner and Construction Manager shall endeavor to define the terms, conditions and services related to the Owner’s Sustainable Objective and may agree to complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement. If E234–2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) N/A § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, email address and other contact information.) Jennifer Levitt, City Administrator City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 651.458.2890 jlevitt@cottagegrovemn.gov § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 4 § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: TBD .2 Civil Engineer: Stantec 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402-2309 .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) John McNamara, Partner Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 651.227.7773 jmcnamara@woldae.com § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, email address and other contact information.) Dustin Phillips. Senior Project Manager Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 55404 612.419.9563 dustin.phillips@krausanderson.com § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) N/A § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) N/A § 1.1.15 Other Initial Information on which this Agreement is based: N/A Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 5 § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term "Contractor" as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 6 laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require and necessary changes shall be accomplished by appropriate Modification to the Contract Documents. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall consult with the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions ("Value Engineering"). The Owner acknowledges that such Value Engineering services are advisory and are not professional design services, and that in many instances the opportunity to reduce costs by using alternate or different materials, equipment or methods may come with corresponding tradeoffs in quality, performance, aesthetics, maintenance, or operations. The Owner shall have the obligation to ensure that any Value Engineering cost savings proposals are independently evaluated by the Owner, the Architect and other members of the Owner’s design team to determine whether the potential cost saving opportunities are acceptable for incorporation or use in the Work, including any differences in quality, performance, aesthetics, maintenance, operations or other material aspects. Such Value Engineering services shall be considered a part of Preconstruction Services whether performed before or after commencement of the Construction Phase. The Construction Manager shall consult with the Architect regarding Value Engineering services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 7 Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as per the agreed-upon terms, conditions and services related to the Owner’s Sustainable Objective. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.11.4 With the written consent of the Owner, the Construction Manager or a related party, as defined in Section 7.8, may self-perform portions of the Work that may otherwise be performed by trade subcontractors (the "Self-Perform Work") as long as the value of the Self-Perform Work is less than $175,000, with the understanding that the pricing for such Self-Perform Work will be competitive with market prices for such Work. Owner must pre-approve any Self-Perform Work, and upon such approval, the Construction Manager shall include any category of Self-Perform Work as a separate lump sum line item in its GMP and schedule of values (the "Self-Perform Lump Sum"). The Self-Perform Lump Sum shall be treated as a Subcontract Cost under Section 7.3 and shall not be subject to further audit as part of the Cost of the Work. Furthermore, (i) the Owner shall have no obligation to pay amounts in excess of the Self-Perform Lump Sum for the Self-Perform Work, except to the extent the Self-Perform Lump Sum is subject to additions and deductions by Change Order as provided in the Contract Documents and (ii) the Construction Manager shall have no obligation to return any portion of the Self-Perform Lump Sum to the Owner as Project Savings, nor shall any portion of the Self-Perform Lump Sum be treated as Project Savings. For purposes of this section, "Project Savings" is defined as the difference between the Guaranteed Maximum Price less (a) the final Cost of the Work and (b) the Construction Manager’s Fee. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 8 § 3.1.13 Compliance with Laws Subject to Section 3.1.1, the Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) Kraus-Anderson will perform a Design Development and 50% Construction Document Estimate for the project. § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 On the basis of the contracts awarded by the Owner and assigned to the Construction Manager following the public bidding process required in Minn. Stat. §471.345, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs considered reimbursable as a Cost of the Work but not included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 9 § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager in accordance with the schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.2.10 Upon execution of the Guaranteed Maximum Price, the Owner shall assign and the Construction Manager shall accept the assignment of all contracts that were awarded in the bid process, other than contracts awarded as Direct Owner Contracts under Section 14.5.1. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201–2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon five (5) days following (a) the execution of the Guaranteed Maximum Price Amendment, and (b) receipt of the Building Permit for the Project or, prior to execution of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201–2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information reasonably required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 10 ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. After execution of the Guaranteed Maximum Price Amendment, the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as agreed between the Owner and Construction Manager or as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, if attached to this Agreement. § 4.2 Owner’s Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. The Owner’s representative shall have the authority to make decisions on behalf of the Owner and bind the Owner concerning the Project, and, to the extent required, shall be responsible for timely obtaining any required approvals from the Owner’s City Council. Except as otherwise Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 11 provided in Section 4.2.1 of A201–2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests, and as are necessary to provide the information and services required under Section 4.1. The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) A lump sum fee of $15,000.00. § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Individual or Position Rate Senior Project Manager Project Manager Preconstruction Manager/Estimator VDC/BIM MEP Specialist Clerical $166.00 / hour $145.00 / hour $145.00 / hour $130.00 / hour $155.00 / hour $70.00 / hour § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Five ( 5 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 12 Local rate of interest as set by Minnesota Statute 549.09. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee: (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 calculation will be done at the time the Guaranteed Maximum Price is established for the Project via the Guaranteed Maximum Price Amendment and shall be determined by multiplying the estimated Cost of the Work by a rate of two and one-quarter percent (2.25%) . The Construction Manager’s Fee will become a fixed amount at the time the Guaranteed Maximum Price Amendment is executed and shall not be reduced. To the extent the Owner contracts directly with any trade contractors or suppliers for portions of the Work on the Project ("Direct Owner Contracts"), the Construction Manager’s Fee calculation shall include the total amount of any such Direct Owner Contracts multiplied by a rate of two and one-quarter percent (2.25%) as compensation for the Construction Manager’s management and coordination of such Direct Owner Contracts on the Project. § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: The Construction Manager’s Fee shall be increased at the rate of two and one-quarter percent (2.25%) multiplied by the Cost of the Work for Change Orders. § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: N/A § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed Eighty-Five percent ( 85 %) of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) N/A § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) § 6.1.7.1 The difference (savings) between the Guaranteed Maximum Price less the final Cost of the Work less the Construction Manager’s Fee shall accrue one hundred percent (100%) to the benefit of the Owner and zero percent (0%) to the benefit of the Construction Manager. § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 13 § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to "cost" and "fee," and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" and "an amount for overhead and profit" shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 Reserved.. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Reserved. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s approval, at off-site workshops; provided, however, that the Construction Manager shall not perform any trade work with its own forces, other than miscellaneous general conditions items, all of such trade work having been separately bid and contracted for pursuant to the public bidding process. § 7.2.2 Construction Manager’s supervisory and administrative personnel when stationed at the site and performing Work at the hourly rates set forth below: Personnel Category Rate Per Hour Project Director $194.00 / hour Senior Project Manager / Construction Executive $166.00 / hour Project Manager $145.00 / hour Assistant Project Manager / Project Engineer $120.00 / hour General Superintendent $151.00 / hour Field Superintendent $143.00 / hour Clerical $70.00 / hour Accounting $70.00 / hour Quality Director $178.00 / hour Quality Manager $143.00 / hour Safety Director $152.00 / hour Safety Manager / Safety Engineer $135.00 / hour Preconstruction Manager / Estimator $145.00 / hour MEP Specialist $155.00 / hour VDC/BIM $130.00 / hour The rates set forth above shall be in effect through December 31, 2024. Thereafter the rates shall be increased by three percent (3%) per year as of January 1 of each subsequent year. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 14 § 7.2.2.1 Construction Manager’s supervisory and administrative personnel when performing Work and stationed at a location other than the site at the hourly rates set forth in Section 7.2.2, but only for that portion of time required for the (Paragraphs deleted) Work. § 7.2.3 Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work at the hourly rates set forth in Section 7.2.2. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions for construction workers described in Section 7.2.1. Such costs for taxes, insurance, contributions, and assessments (excluding benefits) shall be forty-five percent (45%) of gross payroll. Gross payroll consists of wages and benefits. § 7.2.5 Reserved. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of Construction Manager-owned materials, supplies, and tools not included on Exhibit "C" referenced in Section 7.5.2, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rental charges for facilities, machinery, equipment, and hand tools rented from the Contractor shall be as set forth on the attached Exhibit "C". Other rental charges shall not be higher than standard rates at the place of the Project. The total rental cost of any such equipment may not exceed the purchase price of any comparable item and related owning and operating costs during the term of such item’s use on the Project. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager’s site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 15 § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. The premiums for other liability insurance, including, but not limited to, Commercial General Liability Insurance, Excess Umbrella Liability Insurance, Automobile Liability Insurance, Professional Liability Insurance and Pollution Liability Insurance shall be charged as a Cost of the Work at the rate of eighty-five hundredths of one percent (0.85%) of the Guaranteed Maximum Price (excluding this charge), and such amount shall be considered approved by the Owner and shall not be subject to audit. § 7.6.1.1 Costs for self-insured deductibles or retentions carried by the Contractor, for either full or partial amounts of the coverages required by the Contract Documents. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the Owner’s prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Section 13.4 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Construction Manager had reason to know that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Section 3.17 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Contract Documents. § 7.6.9 Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising from disputes between the Owner and Construction Manager, reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner’s prior approval, which shall not be unreasonably withheld. § 7.6.10 Reserved. § 7.6.11 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 16 § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. Notwithstanding anything in this Section 7.8.1 to the contrary, Kraus-Anderson Insurance Agency shall not be considered a "related party." § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include and no reimbursement shall be provided for the items listed below: .1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; and .8 Costs, other than costs included in Change Orders approved by the Owner or Construction Change Directives, that would cause the Guaranteed Maximum Price to be exceeded. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 17 ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 The Work shall be performed under contracts assigned to the Construction Manager by the Owner on the basis of the bids awarded by the Owner, which, upon such assignment by the Owner to Construction Manager, shall be referred to as "subcontracts." . (Paragraph deleted) § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: N/A § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With the final Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager’s Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 18 § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. (Paragraph deleted) § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1, 11.1.7.1.2 and 11.1.7.1.3 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1, 11.1.7.1.2 and 11.1.7.1.3 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Section 9.5.1 of AIA Document A201–2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Section 9.5.1 of AIA Document A201–2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five percent (5%) of the value of the Work completed. The Owner and the Contractor may agree upon retainage reductions during the course of the Project. § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 19 There shall be no retainage withheld on the Contractor’s Fee, the Contractor’s General Conditions costs, or material-only purchases made by the Contractor. § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) N/A § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes all the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) One hundred fifty percent (150%) of the reasonable estimated cost of any incomplete Work and any unsettled Claims may be withheld by the Owner. Such withheld amount shall be paid to Construction Manager monthly as such incomplete Work is completed and Claims are settled. § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. The Construction Manager may, in its sole discretion, distribute any reduction in retainage described in Section 11.1.8.1 or 11.1.8.3 among its Subcontractors. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Construction Manager’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 10 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall notify the Architect if it is going to conduct an audit of the Cost of the Work to be completed within 30 days. Failure to so notify the Architect is a waiver of the Owner’s right to an audit. § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Architect. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 20 § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Section 9.5.1 of AIA Document A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Section 9.4.1 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within 60 days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment or any binding determination of a dispute under the Contract Documents. § 11.2.4 If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Local rate of interest as set by Minnesota Statute 549.09. ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201–2017. § 12.1.2 (Paragraphs deleted) Reserved.. § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ ]Arbitration pursuant to Article 15 of AIA Document A201–2017 [ X ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 21 ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for the reasons set forth in Article 14 of A201–2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate all subcontracts, purchase orders or rental agreements and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201–2017. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 22 § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201–2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred by the Owner under Article 14 of AIA Document A201–2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a termination for the Owner’s convenience.) Three percent (3%) of the estimated Cost of the Work not completed as of the date of termination. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201–2017, except that the term "profit" shall be understood to mean the Construction Manager’s Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201–2017. Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, or makes such assignment with or without consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 Reserved. . § 14.3 Insurance and Bonds § 14.3.1 The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 23 § 14.3.1.1 Commercial General Liability with policy limits of not less than two million dollars ($ 2,000,000 ) for each occurrence and four million dollars ($ 4,000,000 ) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 14.3.1.3 The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided that such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 14.3.1.1 and 14.3.1.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 14.3.1.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits not less than one million dollars ($ 1,000,000 ) each accident, one million dollars ($ 1,000,000 ) each employee, and one million dollars ($ 1,000,000 ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. § 14.3.1.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133™–2019 Exhibit B. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given (Paragraphs deleted) to the email address of the parties’ representatives set forth in Article 1. § 14.5 Other provisions: § 14.5.1 Construction Phase Administration of Owner’s Direct Contractors § 14.5.1.1 To the extent the Owner contracts directly with any trade contractors or suppliers for portions of the Work on the Project ("Direct Owner Contractors"), the Construction Manager shall provide on-site administration of the Direct Owner Contracts in cooperation with the Architect as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 24 § 14.5.1.2 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Direct Owner Contractors with each other and with those of the Construction Manager, Construction Manager’s Subcontractors, the Owner and the Architect. § 14.5.1.3 The Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Direct Owner Contractors on the Project. § 14.5.1.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Direct Owner Contractors. § 14.5.1.5 Utilizing information from the Direct Owner Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Direct Owner Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 14.5.1.6 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Direct Owner Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 14.5.1.7 Not more frequently than monthly, the Construction Manager shall review and recommend payment of the amounts due the respective Direct Owner Contractors. The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 14.5.1.8 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Direct Owner Contractor’s own Work, or procedures; (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Direct Owner Contractor’s right to payment; or (4) ascertained how or for what purpose the Direct Owner Contractor has used money previously paid on account of the Contract Sum. § 14.5.1.9 The Construction Manager shall review the safety programs developed by each of the Direct Owner Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors. The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Direct Owner Contractors, Subcontractors, agents or employees of the Direct Owner Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 14.5.1.10 The Construction Manager shall determine in general that the Work of each Direct Owner Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Owner and Architect about the rejection. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. § 14.5.1.11 The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement and AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 25 Manager as Adviser Edition. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Direct Owner Contractors. The Construction Manager shall be responsible to the Owner for the Construction Manager’s negligent acts or omissions, but shall not be responsible for acts or omissions of the Direct Owner Contractors or their agents or employees or for a Direct Owner Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. § 14.5.1.12 The Construction Manager shall review requests for changes, assist in negotiating Direct Owner Contractors’ proposals, and submit recommendations to the Architect and Owner regarding such requests. § 14.5.1.13 When the Construction Manager considers each Direct Owner Contractor’s Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 14.5.1.14 The Construction Manager shall coordinate the correction and completion of the Direct Owner Contractors’ Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Direct Owner Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 14.5.1.15 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Direct Owner Contractors: (1) certificates of insurance received from the Direct Owner Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Direct Owner Contractor under the Contract Documents, including warranties and similar submittals. ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A133™-2019, Exhibit A, Guaranteed Maximum Price Amendment, if executed .3 AIA Document A133™–2019, Exhibit B, Insurance and Bonds .4 AIA Document A201™–2017, General Conditions of the Contract for Construction .5 (Paragraphs deleted) Reserved .6 Other Exhibits: (Check all boxes that apply.) [ ]AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) [ ]Supplementary and other Conditions of the Contract: Init. / AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 26 Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) Exhibit C – Tool and Equipment Rates This Agreement is entered into as of the day and year first written above. City of Cottage Grove Kraus-Anderson Construction Company OWNER (Signature)CONSTRUCTION MANAGER (Signature) Myron Bailey, Mayor Patrick M. Mulcahey, Director of Operations (Printed name and title)(Printed name and title) Tammy Anderson, City Clerk Additions and Deletions Report for AIA® Document A133® – 2019 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:51:55 CT on 11/08/2023. Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 1 PAGE 1 AGREEMENT made as of the Ninth day of June in the year 2023 … City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 … Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 54404 … New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 … Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 PAGE 2 New Utility and Engineering Building … This is a new facility to be located in Cottage Grove off Ideal Avenue. It is approximately 35,000 square feet including administration office space, locker rooms, vehicle storage, shop space and cold storage area. PAGE 3 Twelve Million Dollars ($12,000,000.00). … Design Development Drawings: June 6, 2023 Construction Documents: July/August 2023 Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 2 … Spring/Summer of 2024. To be confirmed at time of GMP pending lead times of materials. … Winter 2023/2024. To be confirmed at time of GMP. … N/A … N/A § 1.1.6.1 If the Owner identifies a Sustainable Objective, prior to commencement of Work the Owner and Construction Manager shall endeavor to define the terms, conditions and services related to the Owner’s Sustainable Objective and may agree to complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. Agreement. If E234–2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234–2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. … N/A … (List name, address, email address and other contact information.) Jennifer Levitt, City Administrator City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 651.458.2890 jlevitt@cottagegrovemn.gov PAGE 4 TBD … Stantec 733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402-2309 … John McNamara, Partner Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 651.227.7773 jmcnamara@woldae.com Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 3 … (List name, address, email address and other contact information.) Dustin Phillips. Senior Project Manager Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 55404 612.419.9563 dustin.phillips@krausanderson.com … (List any Owner-specific requirements to be included in the staffing plan.) N/A … N/A … N/A PAGE 5 The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require.require and necessary changes shall be accomplished by appropriate Modification to the Contract Documents. PAGE 6 § 3.1.3.2 The Construction Manager shall advise consult with the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. cost reductions ("Value Engineering"). The Owner acknowledges that such Value Engineering services are advisory and are not professional design services, and that in many instances the opportunity to reduce costs by using alternate or different materials, equipment or methods may come with corresponding tradeoffs in quality, performance, aesthetics, maintenance, or operations. The Owner shall have the obligation to ensure that any Value Engineering cost savings proposals are independently evaluated by the Owner, the Architect and other members of the Owner’s design team to determine whether the potential cost saving opportunities are acceptable for incorporation or use in the Work, including any differences in quality, performance, aesthetics, maintenance, operations or other material aspects. Such Value Engineering services shall be considered a part of Preconstruction Services whether performed before or after commencement of the Construction Phase. The Construction Manager shall consult with the Architect regarding professional Value Engineering services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. PAGE 7 Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 4 § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement.per the agreed-upon terms, conditions and services related to the Owner’s Sustainable Objective. … § 3.1.11.4 With the written consent of the Owner, the Construction Manager or a related party, as defined in Section 7.8, may self-perform portions of the Work that may otherwise be performed by trade subcontractors (the "Self-Perform Work") as long as the value of the Self-Perform Work is less than $175,000, with the understanding that the pricing for such Self-Perform Work will be competitive with market prices for such Work. Owner must pre-approve any Self-Perform Work, and upon such approval, the Construction Manager shall include any category of Self-Perform Work as a separate lump sum line item in its GMP and schedule of values (the "Self-Perform Lump Sum"). The Self-Perform Lump Sum shall be treated as a Subcontract Cost under Section 7.3 and shall not be subject to further audit as part of the Cost of the Work. Furthermore, (i) the Owner shall have no obligation to pay amounts in excess of the Self-Perform Lump Sum for the Self-Perform Work, except to the extent the Self-Perform Lump Sum is subject to additions and deductions by Change Order as provided in the Contract Documents and (ii) the Construction Manager shall have no obligation to return any portion of the Self-Perform Lump Sum to the Owner as Project Savings, nor shall any portion of the Self-Perform Lump Sum be treated as Project Savings. For purposes of this section, "Project Savings" is defined as the difference between the Guaranteed Maximum Price less (a) the final Cost of the Work and (b) the Construction Manager’s Fee. PAGE 8 The Subject to Section 3.1.1, the Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. … Kraus-Anderson will perform a Design Development and 50% Construction Document Estimate for the project. … § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, On the basis of the contracts awarded by the Owner and assigned to the Construction Manager following the public bidding process required in Minn. Stat. §471.345, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. … § 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or considered reimbursable as a Cost of the Work but not included in a Change Order. PAGE 9 Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 5 § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager in accordance with the schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. … § 3.2.10 Upon execution of the Guaranteed Maximum Price, the Owner shall assign and the Construction Manager shall accept the assignment of all contracts that were awarded in the bid process, other than contracts awarded as Direct Owner Contracts under Section 14.5.1. … § 3.3.1.2 The Construction Phase shall commence upon the Owner’s five (5) days following (a) the execution of the Guaranteed Maximum Price Amendment or, prior to acceptance Amendment, and (b) receipt of the Building Permit for the Project or, prior to execution of the Guaranteed Maximum Price proposal, by written agreement of the parties. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. … The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information reasonably required by the Owner. PAGE 10 § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as agreed between the Owner and Construction Manager or as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, if attached to this Agreement. … The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. The Owner’s representative shall have the authority to make decisions on behalf of the Owner and bind the Owner concerning the Project, and, to the extent required, shall be responsible for timely obtaining any required approvals from the Owner’s City Council. Except as otherwise provided in Section 4.2.1 of A201–2017, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests.interests, and as are necessary to provide the information and services required under Section 4.1. The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. PAGE 11 A lump sum fee of $15,000.00. … Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 6 Senior Project Manager Project Manager Preconstruction Manager/Estimator VDC/BIM MEP Specialist Clerical $166.00 / hour $145.00 / hour $145.00 / hour $130.00 / hour $155.00 / hour $70.00 / hour … § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within Five ( 5 ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. … § 5.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. PAGE 12 % Local rate of interest as set by Minnesota Statute 549.09. … The Construction Manager’s Fee calculation will be done at the time the Guaranteed Maximum Price is established for the Project via the Guaranteed Maximum Price Amendment and shall be determined by multiplying the estimated Cost of the Work by a rate of two and one-quarter percent (2.25%) . The Construction Manager’s Fee will become a fixed amount at the time the Guaranteed Maximum Price Amendment is executed and shall not be reduced. To the extent the Owner contracts directly with any trade contractors or suppliers for portions of the Work on the Project ("Direct Owner Contracts"), the Construction Manager’s Fee calculation shall include the total amount of any such Direct Owner Contracts multiplied by a rate of two and one-quarter percent (2.25%) as compensation for the Construction Manager’s management and coordination of such Direct Owner Contracts on the Project. … The Construction Manager’s Fee shall be increased at the rate of two and one-quarter percent (2.25%) multiplied by the Cost of the Work for Change Orders. … N/A § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed Eighty-Five percent ( 85 %) of the standard rental rate paid at the place of the Project. … N/A … § 6.1.7.1 The difference (savings) between the Guaranteed Maximum Price less the final Cost of the Work less the Construction Manager’s Fee shall accrue one hundred percent (100%) to the benefit of the Owner and zero percent (0%) to the benefit of the Construction Manager. PAGE 13 Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 7 § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms "cost" and "costs" as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term "fee" and "an amount for overhead and profit" shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly.Reserved.. … § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost.Reserved. … § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops.approval, at off-site workshops; provided, however, that the Construction Manager shall not perform any trade work with its own forces, other than miscellaneous general conditions items, all of such trade work having been separately bid and contracted for pursuant to the public bidding process. § 7.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval.Work at the hourly rates set forth below: Personnel Category Rate Per Hour Project Director $194.00 / hour Senior Project Manager / Construction Executive $166.00 / hour Project Manager $145.00 / hour Assistant Project Manager / Project Engineer $120.00 / hour General Superintendent $151.00 / hour Field Superintendent $143.00 / hour Clerical $70.00 / hour Accounting $70.00 / hour Quality Director $178.00 / hour Quality Manager $143.00 / hour Safety Director $152.00 / hour Safety Manager / Safety Engineer $135.00 / hour Preconstruction Manager / Estimator $145.00 / hour MEP Specialist $155.00 / hour VDC/BIM $130.00 / hour The rates set forth above shall be in effect through December 31, 2024. Thereafter the rates shall be increased by three percent (3%) per year as of January 1 of each subsequent year. § 7.2.2.1 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, site at the hourly rates set forth in Section 7.2.2, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) Work. § 7.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 8 required for the Work, but only for that portion of their time required for the Work.the Work at the hourly rates set forth in Section 7.2.2. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3.pensions for construction workers described in Section 7.2.1. Such costs for taxes, insurance, contributions, and assessments (excluding benefits) shall be forty-five percent (45%) of gross payroll. Gross payroll consists of wages and benefits. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification.Reserved. PAGE 14 § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, Construction Manager-owned materials, supplies, and tools not included on Exhibit "C" referenced in Section 7.5.2, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval. Rental charges for facilities, machinery, equipment, and hand tools rented from the Contractor shall be as set forth on the attached Exhibit "C". Other rental charges shall not be higher than standard rates at the place of the Project. The total rental cost of any such equipment may not exceed the purchase price of any comparable item.item and related owning and operating costs during the term of such item’s use on the Project. PAGE 15 § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. The premiums for other liability insurance, including, but not limited to, Commercial General Liability Insurance, Excess Umbrella Liability Insurance, Automobile Liability Insurance, Professional Liability Insurance and Pollution Liability Insurance shall be charged as a Cost of the Work at the rate of eighty-five hundredths of one percent (0.85%) of the Guaranteed Maximum Price (excluding this charge), and such amount shall be considered approved by the Owner and shall not be subject to audit. § 7.6.1.1 Costs for self-insurance, self-insured deductibles or retentions carried by the Contractor, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval.Documents. … § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 Section 13.4 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. … § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Construction Manager had reason to believe know that the required design, process, or product was an infringement of a copyright Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 9 or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 Section 3.17 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval.Work. … § 7.6.8 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility to the Owner as set forth in the Contract Documents. … § 7.6.10 Expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s personnel required for the Work, with the Owner’s prior approval.Reserved. PAGE 16 § 7.8.1 For purposes of this Section 7.8, the term "related party" shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. Notwithstanding anything in this Section 7.8.1 to the contrary, Kraus-Anderson Insurance Agency shall not be considered a "related party." … § 7.9.1 The Cost of the Work shall not include and no reimbursement shall be provided for the items listed below: … .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; and .8 Costs, other than costs included in Change Orders approved by the Owner, Owner or Construction Change Directives, that would cause the Guaranteed Maximum Price to be exceeded; and .9 Costs for services incurred during the Preconstruction Phase.exceeded. PAGE 17 § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager’s own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager. The Owner may designate specific persons from whom, or entities from which, the Construction Manager shall obtain bids. The Construction Manager shall obtain bids from Subcontractors, and from suppliers of materials or equipment fabricated especially for the Work, who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept. The Owner then has the right to review the Construction Manager’s list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1, to object to any subcontractor or supplier. Any advice of the Architect, or approval or objection by the Owner, shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection.The Work shall be performed under contracts assigned to the Construction Manager by the Owner on the basis of the bids awarded by the Owner, which, upon such assignment by the Owner to Construction Manager, shall be referred to as "subcontracts." . Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 10 § 9.1.1 When a specific subcontractor or supplier (1) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. … N/A § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. … § 11.1.4 With each the final Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. PAGE 18 § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. … .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 11.1.7.1.1, 11.1.7.1.2 and 11.1.7.1.3 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 11.1.7.1.1, 11.1.7.1.2 and 11.1.7.1.3 bears to a reasonable estimate of the probable Cost of the Work upon its completion. … .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 Section 9.5.1 of AIA Document A201–2017; … .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 Section 9.5.1 of AIA Document A201–2017; … Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 11 Five percent (5%) of the value of the Work completed. The Owner and the Contractor may agree upon retainage reductions during the course of the Project. PAGE 19 There shall be no retainage withheld on the Contractor’s Fee, the Contractor’s General Conditions costs, or material-only purchases made by the Contractor. … N/A § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes all the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: … One hundred fifty percent (150%) of the reasonable estimated cost of any incomplete Work and any unsettled Claims may be withheld by the Owner. Such withheld amount shall be paid to Construction Manager monthly as such incomplete Work is completed and Claims are settled. … § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. The Construction Manager may, in its sole discretion, distribute any reduction in retainage described in Section 11.1.8.1 or 11.1.8.3 among its Subcontractors. … § 11.2.2 Within 30 10 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall notify the Architect if it is going to conduct an audit of the Cost of the Work or notify the Architect that it will not conduct to be completed within 30 days. Failure to so notify the Architect is a waiver of the Owner’s right to an audit. PAGE 20 § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 Section 9.5.1 of AIA Document A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 Section 9.4.1 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within 30 60 days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 12 Payment or any binding determination of a dispute under the Contract Documents. … % Local rate of interest as set by Minnesota Statute 549.09. … § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201–2017. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) Reserved.. … [ X ]Litigation in a court of competent jurisdiction PAGE 21 If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. … § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement all subcontracts, purchase orders or rental agreements and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. PAGE 22 .4 Subtract the costs and damages incurred, or to be incurred, incurred by the Owner under Article 14 of AIA Document A201–2017. … Three percent (3%) of the estimated Cost of the Work not completed as of the date of termination. … § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither party to the Contract shall Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 13 assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, or makes such assignment with or without consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment.Reserved. . … § 14.3.1 Preconstruction Phase PAGE 23 § 14.3.1.1 Commercial General Liability with policy limits of not less than two million dollars ($ 2,000,000 ) for each occurrence and four million dollars ($ 4,000,000 ) in the aggregate for bodily injury and property damage. § 14.3.1.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager with policy limits of not less than one million dollars ($ 1,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. … § 14.3.1.4 Workers’ Compensation at statutory limits and Employers Liability with policy limits not less than one million dollars ($ 1,000,000 ) each accident, one million dollars ($ 1,000,000 ) each employee, and one million dollars ($ 1,000,000 ) policy limit. § 14.3.1.5 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. … After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents.Bonds. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133™–2019 Exhibit B, and elsewhere in the Contract Documents.B. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) to the email address of the parties’ representatives set forth in Article 1. … § 14.5.1 Construction Phase Administration of Owner’s Direct Contractors § 14.5.1.1 To the extent the Owner contracts directly with any trade contractors or suppliers for portions of the Work on the Project ("Direct Owner Contractors"), the Construction Manager shall provide on-site administration of the Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 14 Direct Owner Contracts in cooperation with the Architect as set forth below and in AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 14.5.1.2 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Direct Owner Contractors with each other and with those of the Construction Manager, Construction Manager’s Subcontractors, the Owner and the Architect. § 14.5.1.3 The Construction Manager shall update the Project schedule, incorporating the activities of the Owner, Architect, and Direct Owner Contractors on the Project. § 14.5.1.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, and scheduling of the Work. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Direct Owner Contractors. § 14.5.1.5 Utilizing information from the Direct Owner Contractors, the Construction Manager shall schedule and coordinate the sequence of construction and assignment of space in areas where the Direct Owner Contractors are performing Work, in accordance with the Contract Documents and the latest approved Project schedule. § 14.5.1.6 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Direct Owner Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. § 14.5.1.7 Not more frequently than monthly, the Construction Manager shall review and recommend payment of the amounts due the respective Direct Owner Contractors. The Construction Manager’s certification for payment shall constitute a representation to the Owner, based on the Construction Manager’s evaluations of the Work and on the data comprising the Contractors’ Applications for Payment, that, to the best of the Construction Manager’s knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a recommendation to the Architect and Owner that the Contractor be paid the amount certified. § 14.5.1.8 The certification of an Application for Payment or a Project Application for Payment by the Construction Manager shall not be a representation that the Construction Manager has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences for the Direct Owner Contractor’s own Work, or procedures; (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Direct Owner Contractor’s right to payment; or (4) ascertained how or for what purpose the Direct Owner Contractor has used money previously paid on account of the Contract Sum. § 14.5.1.9 The Construction Manager shall review the safety programs developed by each of the Direct Owner Contractors solely and exclusively for purposes of coordinating the safety programs with those of the other Contractors. The Construction Manager’s responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Direct Owner Contractors, Subcontractors, agents or employees of the Direct Owner Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. § 14.5.1.10 The Construction Manager shall determine in general that the Work of each Direct Owner Contractor is being performed in accordance with the requirements of the Contract Documents and notify the Owner, Contractor and Architect of defects and deficiencies in the Work. The Construction Manager shall have the authority to reject Work that does not conform to the Contract Documents and shall notify the Owner and Architect about the rejection. Upon written authorization from the Owner, the Construction Manager may require and make arrangements for additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed, and the Construction Manager shall give timely notice to the Architect of when and where the tests and inspections are to be made so that the Architect may be present for such procedures. Additions and Deletions Report for AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:51:55 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1246770480) 15 § 14.5.1.11 The Construction Manager shall have authority to act on behalf of the Owner only to the extent provided in this Agreement and AIA Document A232™–2019, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. The Construction Manager shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Direct Owner Contractors. The Construction Manager shall be responsible to the Owner for the Construction Manager’s negligent acts or omissions, but shall not be responsible for acts or omissions of the Direct Owner Contractors or their agents or employees or for a Direct Owner Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. § 14.5.1.12 The Construction Manager shall review requests for changes, assist in negotiating Direct Owner Contractors’ proposals, and submit recommendations to the Architect and Owner regarding such requests. § 14.5.1.13 When the Construction Manager considers each Direct Owner Contractor’s Work or a designated portion thereof is substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. § 14.5.1.14 The Construction Manager shall coordinate the correction and completion of the Direct Owner Contractors’ Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Direct Owner Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. § 14.5.1.15 The Construction Manager shall forward to the Owner, with a copy to the Architect, the following information received from the Direct Owner Contractors: (1) certificates of insurance received from the Direct Owner Contractors; (2) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (3) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (4) any other documentation required of the Direct Owner Contractor under the Contract Documents, including warranties and similar submittals. PAGE 25 .5 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) Reserved PAGE 26 Exhibit C – Tool and Equipment Rates This Agreement is entered into as of the day and year first written above. City of Cottage Grove Kraus-Anderson Construction Company … Myron Bailey, Mayor Patrick M. Mulcahey, Director of Operations … Tammy Anderson, City Clerk Document A133® – 2019 Exhibit B Insurance and Bonds Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with AIA Document A201™–2017, General Conditions of the Contract for Construction. Article 11 of A201™–2017 contains additional insurance provisions. This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the Ninth day of June in the year 2023 (In words, indicate day, month and year.) for the following PROJECT: (Name and location or address) New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 THE OWNER: (Name, legal status, and address) City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 THE CONSTRUCTION MANAGER: (Name, legal status, and address) Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 54404 TABLE OF ARTICLES B.1 GENERAL B.2 OWNER’S INSURANCE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS B.4 SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Construction Manager shall purchase and maintain insurance, and provide bonds, as set forth in this Exhibit. As used in this Exhibit, the term General Conditions refers to AIA Document A201™–2017, General Conditions of the Contract for Construction. ARTICLE B.2 OWNER’S INSURANCE § B.2.1 General Prior to commencement of the Work, the Owner shall secure the insurance, and provide evidence of the coverage, required under this Article B.2 and, upon the Construction Manager’s request, provide a copy of the property insurance policy or policies required by Section B.2.3. The copy of the policy or policies provided shall contain all applicable conditions, definitions, exclusions, and endorsements. Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 2 § B.2.2 Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner’s usual general liability insurance. § B.2.3 Required Property Insurance § B.2.3.1 Unless this obligation is placed on the Construction Manager pursuant to Section B.3.3.2.1, the Owner shall purchase and maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located, property insurance written on a builder’s risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner’s property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent Modifications and labor performed and materials or equipment supplied by others. The property insurance shall be maintained until Substantial Completion and thereafter as provided in Section B.2.3.1.3, unless otherwise provided in the Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance shall include the interests of the Owner, Construction Manager, Subcontractors, and Sub-subcontractors in the Project as insureds. This insurance shall include the interests of mortgagees as loss payees. § B.2.3.1.1 Causes of Loss. The insurance required by this Section B.2.3.1 shall provide coverage for direct physical loss or damage, and shall not exclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, earthquake, flood, or windstorm. The insurance shall also provide coverage for ensuing loss or resulting damage from error, omission, or deficiency in construction methods, design, specifications, workmanship, or materials. Sub-limits, if any, are as follows: (Indicate below the cause of loss and any applicable sub-limit.) Cause of Loss Sub-Limit Flood Earthquake No less than $1,000,000 for Flood Zone B. No less than $5,000,000. § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup, and for portions of the Work stored off the site and portions of the Work in transit. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Construction Manager’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: (Indicate below type of coverage and any applicable sub-limit for specific required coverages.) Coverage Sub-Limit § B.2.3.1.3 Unless the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Section B.2.3.1 or, if necessary, replace the insurance policy required under Section B.2.3.1 with property insurance written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 12.2.2 of the General Conditions. § B.2.3.1.4 Deductibles and Self-Insured Retentions. If the insurance required by this Section B.2.3 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. § B.2.3.2 Occupancy or Use Prior to Substantial Completion. The Owner’s occupancy or use of any completed or partially completed portion of the Work prior to Substantial Completion shall not commence until the insurance company or companies providing the insurance under Section B.2.3.1 have consented in writing to the continuance of coverage. The Owner and the Construction Manager shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otherwise in writing. § B.2.3.3 Insurance for Existing Structures If the Work involves remodeling an existing structure or constructing an addition to an existing structure, the Owner shall purchase and maintain, until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, "all-risks" property insurance, on a replacement cost basis, protecting the existing structure Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 3 against direct physical loss or damage from the causes of loss identified in Section B.2.3.1, notwithstanding the undertaking of the Work. The Owner shall be responsible for all co-insurance penalties. § B.2.4 Optional Extended Property Insurance. The Owner shall purchase and maintain the insurance selected and described below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. For each type of insurance selected, indicate applicable limits of coverage or other conditions in the fill point below the selected item.) [ X ]§ B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. [ ]§ B.2.4.2 Ordinance or Law Insurance, for the reasonable and necessary costs to satisfy the minimum requirements of the enforcement of any law or ordinance regulating the demolition, construction, repair, replacement or use of the Project. [ ]§ B.2.4.3 Expediting Cost Insurance, for the reasonable and necessary costs for the temporary repair of damage to insured property, and to expedite the permanent repair or replacement of the damaged property. [ ]§ B.2.4.4 Extra Expense Insurance, to provide reimbursement of the reasonable and necessary excess costs incurred during the period of restoration or repair of the damaged property that are over and above the total costs that would normally have been incurred during the same period of time had no loss or damage occurred. [ ]§ B.2.4.5 Civil Authority Insurance, for losses or costs arising from an order of a civil authority prohibiting access to the Project, provided such order is the direct result of physical damage covered under the required property insurance. [ ]§ B.2.4.6 Ingress/Egress Insurance, for loss due to the necessary interruption of the insured’s business due to physical prevention of ingress to, or egress from, the Project as a direct result of physical damage. [ X ]§ B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 4 § B.2.5 Other Optional Insurance. The Owner shall purchase and maintain the insurance selected below. (Select the types of insurance the Owner is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance.) [ ]§ B.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate applicable limits of coverage or other conditions in the fill point below.) [ X ]§ B.2.5.2 Other Insurance (List below any other insurance coverage to be provided by the Owner and any applicable limits.) § A.2.5.2.1 Boiler and Machinery Insurance The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. Coverage Limits ARTICLE B.3 CONSTRUCTION MANAGER’S INSURANCE AND BONDS § B.3.1 General § B.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3.1. The certificates will show the Owner as an additional insured as required by Section B.3.1.3 up to the limits required by Sections B.3.2.2 and B.3.2.4. § B.3.1.2 Deductibles and Self-Insured Retentions. The Construction Manager shall disclose to the Owner any deductible or self- insured retentions applicable to any insurance required to be provided by the Construction Manager. § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner as additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions during the Construction Manager’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be equivalent to that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04. § B.3.2 Construction Manager’s Required Insurance Coverage § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General (Paragraphs deleted) Conditions. Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 5 § B.3.2.2 Commercial General Liability § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than two million dollars ($ 2,000,000 ) each occurrence, four million dollars ($ 4.000.000 ) general aggregate, and four million dollars ($ 4,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including .1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; .2 personal injury and advertising injury; .3 damages because of physical damage to or destruction of tangible property, including the loss of use of such property; .4 bodily injury or property damage arising out of completed operations; and .5 the Construction Manager’s indemnity obligations under Section 3.18 of the General Conditions. § B.3.2.2.2 The Construction Manager’s Commercial General Liability policy under this Section B.3.2.2 shall not contain an exclusion or restriction of coverage for the following: .1 Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Construction Manager’s Work arising out of the products-completed operations hazard where the damaged Work or the Work out of which the damage arises was performed by a Subcontractor. .3 Claims for bodily injury other than to employees of the insured. .4 Claims for indemnity under Section 3.18 of the General Conditions arising out of injury to employees of the insured. .5 Claims or loss excluded under a prior work endorsement or other similar exclusionary language. .6 Claims or loss due to physical damage under a prior injury endorsement or similar exclusionary language. .7 Claims related to residential, multi-family, or other habitational projects, if the Work is to be performed on such a project. .8 Claims related to roofing, if the Work involves roofing. .9 Claims related to exterior insulation finish systems (EIFS), synthetic stucco or similar exterior coatings or surfaces, if the Work involves such coatings or surfaces. .10 Claims related to earth subsidence or movement, where the Work involves such hazards. .11 Claims related to explosion, collapse and underground hazards, where the Work involves such hazards. § B.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager, with policy limits of not less than one million dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager shall obtain umbrella/excess liability insurance with a combined single limit of ten million dollars ($10,000,000). The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3.2.2 and B.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment of the underlying limits. § B.3.2.5 Workers’ Compensation at statutory limits. § B.3.2.6 Employers’ Liability with policy limits not less than one million dollars ($ 1,000,000 ) each accident, one million dollars ($ 1,000,000 ) each employee, and one million dollars ($ 1,000,000 ) policy limit. § B.3.2.7 Jones Act, and the Longshore & Harbor Workers’ Compensation Act, as required, if the Work involves hazards arising from work on or near navigable waterways, including vessels and docks Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 6 § B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. § B.3.2.10 Reserved.. § B.3.2.11 Reserved. § B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than two million dollars ($ 2,000,000 ) per claim and four million dollars ($ 4,000,000 ) in the aggregate. § B.3.3 Construction Manager’s Other Insurance Coverage § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until (Paragraphs deleted) substantial completion of the Work. § B.3.3.2 The Construction Manager shall purchase and maintain the following types and limits of insurance in accordance with Section B.3.3.1. (Select the types of insurance the Construction Manager is required to purchase and maintain by placing an X in the box(es) next to the description(s) of selected insurance. Where policy limits are provided, include the policy limit in the appropriate fill point.) [ ]§ B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3, except with respect to SectionB.2.3.3 and except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Construction Manager shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions. (Where the Construction Manager’s obligation to provide property insurance differs from the Owner’s obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) § B.3.3.2.1.1 Such insurance shall be maintained until the Work is Substantially Complete. Once the Work is Substantially Complete, the Owner shall replace the insurance policy required under Section B.3.3.2.1 with permanent property insurance covering the Project. § B.3.3.2.1.2 If the insurance required by Section B.3.3.2.1 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. [ ]§ B.3.3.2.2 Railroad Protective Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for Work within fifty (50) feet of railroad property. Init. / AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 7 [ ]§ B.3.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate, for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos-containing materials. [ ]§ B.3.3.2.4 Insurance for physical damage to property while it is in storage and in transit to the construction site on an "all-risks" completed value form. [ ]§ B.3.3.2.5 Property insurance on an "all-risks" completed value form, covering property owned by the Construction Manager and used on the Project, including scaffolding and other equipment. [ ]§ B.3.3.2.6 Other Insurance (List below any other insurance coverage to be provided by the Construction Manager and any applicable limits.) Coverage Limits § B.3.4 Performance Bond and Payment Bond The Construction Manager shall provide surety bonds, from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located, as follows: (Specify type and penal sum of bonds.) Type Penal Sum ($0.00) Payment Bond 100% of the Contract Sum. Performance Bond 100% of the Contract Sum. Payment and Performance Bonds shall be AIA Document A312™, Payment Bond and Performance Bond, or contain provisions identical to AIA Document A312™, current as of the date of this Agreement. ARTICLE B.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows: N/A Additions and Deletions Report for AIA® Document A133® – 2019 Exhibit B This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:53:06 CT on 11/08/2023. Additions and Deletions Report for AIA Document A133 – 2019 Exhibit B. Copyright © 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 1 PAGE 1 This Insurance and Bonds Exhibit is part of the Agreement, between the Owner and the Construction Manager, dated the Ninth day of June in the year 2023 … New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 … City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 … Kraus-Anderson Construction Company 501 South 8th Street Minneapolis, MN 54404 PAGE 2 Flood Earthquake No less than $1,000,000 for Flood Zone B. No less than $5,000,000. § B.2.3.1.2 Specific Required Coverages. The insurance required by this Section B.2.3.1 shall provide coverage for loss or damage to falsework and other temporary structures, and to building systems from testing and startup. startup, and for portions of the Work stored off the site and portions of the Work in transit. The insurance shall also cover debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and reasonable compensation for the Architect’s and Construction Manager’s services and expenses required as a result of such insured loss, including claim preparation expenses. Sub-limits, if any, are as follows: PAGE 3 [ X ]§ B.2.4.1 Loss of Use, Business Interruption, and Delay in Completion Insurance, to reimburse the Owner for loss of use of the Owner’s property, or the inability to conduct normal operations due to a covered cause of loss. … [ X ]§ B.2.4.7 Soft Costs Insurance, to reimburse the Owner for costs due to the delay of completion of the Work, arising out of physical loss or damage covered by the required property insurance: including Additions and Deletions Report for AIA Document A133 – 2019 Exhibit B. Copyright © 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 2 construction loan fees; leasing and marketing expenses; additional fees, including those of architects, engineers, consultants, attorneys and accountants, needed for the completion of the construction, repairs, or reconstruction; and carrying costs such as property taxes, building permits, additional interest on loans, realty taxes, and insurance premiums over and above normal expenses. PAGE 4 [ X ]§ B.2.5.2 Other Insurance … § A.2.5.2.1 Boiler and Machinery Insurance The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. … § B.3.1.1 Certificates of Insurance. The Construction Manager shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.3 at the following times: (1) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon the Owner’s written request. An additional certificate evidencing continuation of commercial liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment and thereafter upon renewal or replacement of such coverage until the expiration of the periods required by Section B.3.2.1 and Section B.3.3.1. The certificates will show the Owner as an additional insured on the Construction Manager’s Commercial General Liability and excess or umbrella liability policy or policies.as required by Section B.3.1.3 up to the limits required by Sections B.3.2.2 and B.3.2.4. … § B.3.1.3 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the commercial general liability coverage to include (1) the Owner, the Architect, and the Architect’s consultants as additional insureds Owner as additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions during the Construction Manager’s operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall be primary and non-contributory to any of the Owner’s general liability insurance policies and shall apply to both ongoing and completed operations. To the extent commercially available, the additional insured coverage shall be no less than equivalent to that provided by Insurance Services Office, Inc. (ISO) forms CG 20 10 07 04, CG 20 37 07 04, and, with respect to the Architect and the Architect’s consultants, CG 20 32 07 04. … § B.3.2.1 The Construction Manager shall purchase and maintain the following types and limits of insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) Conditions. PAGE 5 § B.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than two million dollars ($ 2,000,000 ) each occurrence, four million dollars ($ 4.000.000 ) general Additions and Deletions Report for AIA Document A133 – 2019 Exhibit B. Copyright © 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 3 aggregate, and four million dollars ($ 4,000,000 ) aggregate for products-completed operations hazard, providing coverage for claims including … § B.3.2.3 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Construction Manager, with policy limits of not less than one million dollars ($ 1,000,000 ) per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles along with any other statutorily required automobile coverage. § B.3.2.4 The Construction Manager shall obtain umbrella/excess liability insurance with a combined single limit of ten million dollars ($10,000,000). The Construction Manager may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella insurance policies result in the same or greater coverage as the coverages required under Section B.3.2.2 and B.3.2.3, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by of the underlying insurers.limits. … § B.3.2.6 Employers’ Liability with policy limits not less than one million dollars ($ 1,000,000 ) each accident, one million dollars ($ 1,000,000 ) each employee, and one million dollars ($ 1,000,000 ) policy limit. PAGE 6 § B.3.2.8 If the Construction Manager is required to furnish professional services as part of the Work, the Construction Manager shall procure Professional Liability insurance covering performance of the professional services, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. § B.3.2.9 If the Work involves the transport, dissemination, use, or release of pollutants, the Construction Manager shall procure Pollution Liability insurance, with policy limits of not less than five million dollars ($ 5,000,000 ) per claim and ten million dollars ($ 10,000,000 ) in the aggregate. § B.3.2.10 Coverage under Sections B.3.2.8 and B.3.2.9 may be procured through a Combined Professional Liability and Pollution Liability insurance policy, with combined policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Reserved.. § B.3.2.11 Insurance for maritime liability risks associated with the operation of a vessel, if the Work requires such activities, with policy limits of not less than ($ ) per claim and ($ ) in the aggregate.Reserved. § B.3.2.12 Insurance for the use or operation of manned or unmanned aircraft, if the Work requires such activities, with policy limits of not less than two million dollars ($ 2,000,000 ) per claim and four million dollars ($ 4,000,000 ) in the aggregate. … § B.3.3.1 Insurance selected and described in this Section B.3.3 shall be purchased from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Construction Manager shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: (If the Construction Manager is required to maintain any of the types of insurance selected below for a duration other than the expiration of the period for correction of Work, state the duration.) substantial completion of the Work. … Additions and Deletions Report for AIA Document A133 – 2019 Exhibit B. Copyright © 2019>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:53:06 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1114659129) 4 [ ]§ B.3.3.2.1 Property insurance of the same type and scope satisfying the requirements identified in Section B.2.3, which, if selected in this Section B.3.3.2.1, relieves the Owner of the responsibility to purchase and maintain such insurance except insurance required by Section B.2.3.1.3 and Section B.2.3.3. The Construction Manager shall comply with all obligations of the Owner under Section B.2.3 Section B.2.3, except with respect to SectionB.2.3.3 and except to the extent provided below. The Construction Manager shall disclose to the Owner the amount of any deductible, and the Owner shall be responsible for losses within the deductible. Upon request, the Construction Manager shall provide the Owner with a copy of the property insurance policy or policies required. The Owner Construction Manager shall adjust and settle the loss with the insurer and be the trustee of the proceeds of the property insurance in accordance with Article 11 of the General Conditions unless otherwise set forth below:Conditions. (Where the Construction Manager’s obligation to provide property insurance differs from the Owner’s obligations as described under Section B.2.3, indicate such differences in the space below. Additionally, if a party other than the Owner will be responsible for adjusting and settling a loss with the insurer and acting as the trustee of the proceeds of property insurance in accordance with Article 11 of the General Conditions, indicate the responsible party below.) § B.3.3.2.1.1 Such insurance shall be maintained until the Work is Substantially Complete. Once the Work is Substantially Complete, the Owner shall replace the insurance policy required under Section B.3.3.2.1 with permanent property insurance covering the Project. § B.3.3.2.1.2 If the insurance required by Section B.3.3.2.1 is subject to deductibles or self-insured retentions, the Owner shall be responsible for all loss not covered because of such deductibles or retentions. PAGE 7 Payment Bond 100% of the Contract Sum. Performance Bond 100% of the Contract Sum. … N/A 2023 TOOLS/EQUIPMENT RATES Most Often Rented Tools Rates are based on 8 Hr. day, 40 Hr. week, 176 Hr. Month (22 Days) 11/18/2022 Tool Description Weekly Rate Equipment Description Weekly Rate Air Compressor 185 CFM- Diesel $323.33 Jobsite Office Trailer- 8' x 36'$221.57 Air Compressor Twin Tank- Elec $131.32 Jobsite Office Trailer- 10' x 40'$237.14 ATV- Ranger 2- Passenger $251.68 Jobsite Office Trailer- 12' x 60'$308.00 Ladder- Extension 24'$27.21 Blanket- Insulated $9.84 Ladder- Extension 32'$39.90 Bobcat - Auger Head - Round/Hex Shaft $209.48 Ladder- Step, 6', Fiberglass $13.70 Bobcat Attachments- Forks $113.85 Laser- Laser Level- Rotating $55.72 Bobcat Attachments- Grappler Bucket $204.92 Lift- Scissor Lift 19' Reach $283.25 Bobcat Attachments- Hydro Hammer $463.99 Bobcat Attachments- Sweeper w/Attachments $236.09 Cement Mixer-5 cubic ft.-Wheel Barrow Type $48.44 Bobcat- Skid Steer Bobcat (track machine) S590 $787.95 Nailer- Air/Pneumatic- Framing $54.13 Bobcat- Skid Steer Bobcat (tire machine) T590 $543.60 Nailer- Coil Roofing $56.59 Nailer- Powder Actuated $72.96 Carpet Tools- Carpet Puller $176.80 Panther- Floor Stripper Model 7700 $1,783.03 Cart-Trash Cart- 1 Yard $45.10 Planer- Door $45.98 Compactor- Jumping Jack $216.75 Pressure Washer - Gas $167.12 Compactor- Plate Tamper $159.86 Pump Water- 2" Trash $101.80 Containment Unit $53.58 Router $27.86 Cut-Out Tool/Roto-Zip $22.10 Sander - Belt, 3" x 21"$40.59 Drill- SDS Roto Hammer Max $139.71 Saw- Circular 7-1/4"$27.86 Drill- Hammer SDS Roto Hammer 3/8" Corded $55.72 Saw- Compound Miter Sliding 12"$79.59 Drill- Hammer SDS Roto Hammer 3/8" Cordless $61.04 Saw- Partner- Electric $114.76 Drill- 18 Volt $32.63 Saw- Partner- Gas $114.76 Drill- Right Angle 3/8"$22.10 Saw- Port-a-Band $69.86 Saw- Sawzall Cut Saw $38.90 Fan - 36" Barrel $41.56 Saw- Table- 10"$148.56 Fan- Pedestal Fan $59.61 Saw- Walk Behind Concrete Saw $172.13 Forklift- Rough Terrain 5,000#- $809.44 Survey- Eye Level $100.19 Forklift- Pneumatic $331.53 Sweeper- Walk Behind- Battery Powered $271.41 Forklift- Rough Terrain 10,000#- $1,252.76 Wheelbarrow $15.48 Gang Box- Chest Type $22.85 Hammer- Jack Hammer- Electric 60#$72.51 Generator 3800 Watts $87.44 HEPA price does not include filters Generator- Elec Generator 6500 watt $143.90 HEPA-Air Scrubber-500CFM-Blue-16 x 16 $151.66 Glass Cup $16.08 HEPA Aire Scrubber- 2000CFM $154.83 Grinder- 7" $38.90 Grinder- Floor Ginder $163.96 Grinder- 4 1/2"$22.10 Ground Thaw- 6000 sf 1833..33 Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 THE OWNER: (Name, legal status and address) City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 THE ARCHITECT: (Name, legal status and address) Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 2 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 5 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 6 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 7 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 8 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 9 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 11 § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, prior to commencement of Work they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. (Paragraphs deleted) Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 12 ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Reserved (Paragraphs deleted) § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 13 prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination of construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review pursuant to Section 3.2 is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require and necessary changes shall be accomplished by appropriate Modification to the Contract Documents. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 14 § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and, as between the Owner and the Contractor, shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall not proceed with that portion of the Work without further written instructions from the Architect. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect for a period of one-year after the date of Substantial Completion of the Work or designated portion thereof or after the date of commencement of warranties established under Subparagraph 9.9.1 that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants for a period of one-year after the date of Substantial Completion of the Work or designated portion thereof or after the date of commencement of warranties established under Subparagraph 9.9.1 that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 15 § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 Subject to Section 3.2.3, the Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 Subject to Section 3.2.3, if the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor recognizes the existence of human remains, burial markers, or archaeological sites not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. If such conditions are encountered, the Contract Sum and Contract Time shall be equitably adjusted. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in such stated allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect the difference between actual costs and the allowances under Section 3.8.2.1 and Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner in sufficient time to avoid delay in the Work. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 16 § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The Contractor’s Project Manager shall represent the Contractor, and communications given to the Contractor’s Project Manager shall be as binding as if given to the Contractor. § 3.9.2 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed, unless such person becomes unable to perform his or her duties due to death, disability, resignation, or termination of employment. If the superintendent is no longer capable of performing his or her duties as described above, the Contractor shall promptly submit to the Owner the resume of any person Contractor requests to instate as a substitute, and unless the Owner reasonably objects, such person shall be substituted. (Paragraph deleted) § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 17 § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents, and the Contractor shall not be responsible for the adequacy and accuracy of such performance and design criteria. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form reasonably specified by the Architect. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 18 § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored as close as reasonably practicable under the circumstances to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 19 ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. The term "Architect" means the Architect or the Architect’s authorized representative. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall endeavor to include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness so as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 20 equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or, unless specifically stated by the Architect, of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall promptly notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing with reasonable promptness, but in no event later than fifteen (15) days after receipt of such request. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 The Work shall be performed under contracts assigned to the Contractor by the Owner on the basis of the bids awarded by the Owner pursuant to the public bidding process required in Minn. Stat. §471.345. (Paragraphs deleted) § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 21 Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work assigned to the Contractor as described in Section 5.2.1 is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 22 § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 23 the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 24 § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work (1) by an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by disruptions in labor or materials resulting from a health crisis regardless of whether an infectious disease, epidemic, pandemic or outbreak isolated to areas from which such labor and materials are supplied; (5) by delay authorized by the Owner pending mediation and binding dispute resolution; or (6) by other causes that the Contractor asserts and the Architect determines, justify delay, then the Contract Time and the Contract Sum shall be equitably adjusted by Change Order. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor as compensation for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 25 § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and conditional releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 26 However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for amounts owed to such Subcontractor or material or equipment supplier for Work properly performed or material or equipment suitably delivered by such Subcontractor or material or equipment supplier. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall promptly pay each Subcontractor, after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 27 to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 28 § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, including, without limitation, MN IC-134 Withholding Affidavit for Contractors for itself and all Subcontractors, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 29 certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs As between the Owner and the Contractor, the Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 As between the Owner and the Contractor, the Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 As between the Owner and the Contractor, subject to Section 3.2.3, the Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 As between the Owner and the Contractor, the Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3, except to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 30 § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances (Paragraph deleted) § 10.3.1If a material or substance reasonably believed by the Contractor to be hazardous, toxic, petroleum or a constituent thereof, including but not limited to asbestos or polychlorinated biphenyl (PCB), or that might cause bodily injury or death to persons, is encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the presence on the site of any (a) hazardous or toxic material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), (b) petroleum or a constituent thereof, or (c) any material or substance that might cause bodily injury, sickness, disease or death, or injury to or destruction of tangible property, except to the extent that such damage, loss, or expense is due to the sole fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, provided that such material or substance was not required by the Contract Documents, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 31 ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Agreement. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Agreement, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights of action against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Agreement, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights of action against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 32 caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have the right to object to the proposed settlement or allocation of the proceeds. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 33 § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. (Paragraph deleted) § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, or makes such assignment with or without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 34 § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 35 .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 36 § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed (including the Contractor’s Fee thereon); costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work or such other period provided by applicable law, whichever is less. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Agreement and this Article 15. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 37 § 15.1.5 Claims for Additional Cost If the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner’s suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 15.1. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims are not subject to an initial decision by the Initial Decision Maker. (Paragraphs deleted) § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Reserved. § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 38 § 15.4 Litigation § 15.4.1 Any Claim subject to, but not resolved by, mediation shall be subject to litigation in a court of competent jurisdiction, unless the parties mutually agree otherwise. (Paragraphs deleted) Additions and Deletions Report for AIA® Document A201® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:54:26 CT on 11/08/2023. Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 1 PAGE 1 New Utility and Engineering Building Ideal Avenue Cottage Grove, MN 55016 … City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 … Wold Architects and Engineers 332 Minnesota Street, Suite W2000 Saint Paul, MN 55101 PAGE 11 § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement.transmission. … The parties shall agree upon protocols governing the transmission and use of If the parties intend to transmit Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data.form, prior to commencement of Work they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. PAGE 12 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 2 § 2.2 Evidence of the Owner’s Financial ArrangementsReserved § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. … If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day seven-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. PAGE 13 § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and of construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 3 promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review pursuant to Section 3.2 is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require.require and necessary changes shall be accomplished by appropriate Modification to the Contract Documents. PAGE 14 § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and, as between the Owner and the Contractor, shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. not proceed with that portion of the Work without further written instructions from the Architect. … § 3.5.1 The Contractor warrants to the Owner and Architect for a period of one-year after the date of Substantial Completion of the Work or designated portion thereof or after the date of commencement of warranties established under Subparagraph 9.9.1 that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants for a period of one-year after the date of Substantial Completion of the Work or designated portion thereof or after the date of commencement of warranties established under Subparagraph 9.9.1 that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. PAGE 15 § 3.7.2 The Subject to Section 3.2.3, the Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If Subject to Section 3.2.3, if the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. … If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. If the conditions encountered are materially different, the Contract Sum and Contract Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 4 Time shall be equitably adjusted. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of human remains, burial markers, or archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in If such conditions are encountered, the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15.shall be equitably adjusted. … .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the such stated allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness.in sufficient time to avoid delay in the Work. PAGE 16 § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent Contractor’s Project Manager shall represent the Contractor, and communications given to the superintendent Contractor’s Project Manager shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed, unless such person becomes unable to perform his or her duties due to death, disability, resignation, or termination of employment. If the superintendent is no longer capable of performing his or her duties as described above, the Contractor shall promptly submit to the Owner the resume of any person Contractor requests to instate as a substitute, and unless the Owner reasonably objects, such person shall be substituted. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. … § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 5 be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. PAGE 17 § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. Documents, and the Contractor shall not be responsible for the adequacy and accuracy of such performance and design criteria. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form reasonably specified by the Architect. PAGE 18 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. … § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored as close as reasonably practicable under the circumstances to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. PAGE 19 § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. The term "Architect" means the Architect or the Architect’s authorized representative. … § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents.Documents, except as provided in Section 3.3.1. … Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 6 The Owner and Contractor shall endeavor to include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. … § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness so as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or or, unless specifically stated by the Architect, of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. PAGE 20 § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall promptly notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. … § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. with reasonable promptness, but in no event later than fifteen (15) days after receipt of such request. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. … § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection.The Work shall be performed under contracts assigned to the Contractor by the Owner on the basis of the bids awarded by the Owner pursuant to the public bidding process required in Minn. Stat. §471.345. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 7 Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. PAGE 21 § 5.4.1 Each subcontract agreement for a portion of the Work assigned to the Contractor as described in Section 5.2.1 is assigned by the Contractor to the Owner, provided that … § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. schedules when directed to do so. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. PAGE 22 § 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Section 7.3.3. PAGE 24 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. … § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work (1) by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by disruptions in labor or materials resulting from a health crisis regardless of whether an infectious disease, epidemic, pandemic or outbreak isolated to areas from which such labor and materials are supplied; (5) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) (6) by other causes that the Contractor asserts, asserts and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine.and the Contract Sum shall be equitably adjusted by Change Order. … § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor as compensation for performance of the Work under the Contract Documents. PAGE 25 § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 8 requisitions, and conditional releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. PAGE 26 § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for amounts owed to such Subcontractor or material or equipment supplier for Work properly performed or material or equipment suitably delivered. delivered by such Subcontractor or material or equipment supplier. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. … § 9.6.2 The Contractor shall promptly pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. PAGE 28 § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. … § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, including, without limitation, MN IC-134 Withholding Affidavit for Contractors for itself and all Subcontractors, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. PAGE 29 The As between the Owner and the Contractor, the Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. … § 10.2.1 The As between the Owner and the Contractor, the Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to … Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 9 § 10.2.2 The As between the Owner and the Contractor, subject to Section 3.2.3, the Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The As between the Owner and the Contractor, the Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. … § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss 10.2.1.3, except to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. PAGE 30 § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.1If a material or substance reasonably believed by the Contractor to be hazardous, toxic, petroleum or a constituent thereof, including but not limited to asbestos or polychlorinated biphenyl (PCB), or that might cause bodily injury or death to persons, is encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to the presence on the site of any (a) hazardous or toxic material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), (b) petroleum or a constituent thereof, or (c) any material or substance that might cause bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), property, except to the extent that such damage, loss, or expense is due to the sole fault or negligence of the party seeking indemnity. … § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, provided that such material or substance was not required by the Contract Documents, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 10 PAGE 31 § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. Agreement. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. Agreement. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. … § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, Agreement, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. … § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. Agreement. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Agreement, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights of action against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, Agreement, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights of action against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. PAGE 32 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 11 § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. … § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice the right to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. … § 12.1.1 If a portion of the Work is covered contrary to the Architect’s written request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense.expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. PAGE 33 § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. … § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, or makes such assignment with or without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. PAGE 35 § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 12 reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. termination, and damages. PAGE 36 § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; executed (including the Contractor’s Fee thereon); costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. … A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. … The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. Work or such other period provided by applicable law, whichever is less. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. … § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. party. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. … § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker.Agreement and this Article 15. PAGE 37 If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4.believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner’s suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Section 15.1. … Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 13 § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner.Claims are not subject to an initial decision by the Initial Decision Maker. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. … § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017>. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:54:26 CT on 11/08/2023 under Order No.3104239500 which expires on 12/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1684303147) 14 file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision.Reserved. PAGE 38 § 15.4 ArbitrationLitigation § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. litigation in a court of competent jurisdiction, unless the parties mutually agree otherwise. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. 1 City Council Action Request 7.N. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title Infrastructure Maintenance Task Force - Special Assessment Policy for Public Improvements Update Staff Recommendation Adopt the Infrastructure Maintenance Task Force Special Assessment Policy for Public Improvements updated on October 31, 2023. Budget Implication N/A Attachments 1. Special Assessment Policy CC Memo 2. Special Assessment Policy - 2023 (Redlined) 3. Special Assessment Policy - 2023 (Clean Copy) To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Amanda Meyer, PE, City Engineer Date: November 3, 2023 Re: Infrastructure Maintenance Task Force - Special Assessment Policy for Public Improvements Update Background At the October 5, 2005 City Council meeting, the Council reviewed and ultimately approved the Special Assessment Policy for Public Improvements that was developed by the Infrastructure Maintenance Task Force (IMTF) which was developed in late 2004. The IMTF members each spent about 30+ hours each over 10 task force meetings researching and analyzing the statistics, previous policies, other cities’ policies and recommendations that City staff provided at that time to determine the assessment policy. The City’s assessment policy was subsequently updated on August 8, 2012 to provide clarification on items such as landscaping that had previously been excluded from the assessment policy. Discussion Since the assessment policy has been in place, City staff continues to evaluate the pavement rehabilitation methods utilized throughout the community to extend the life cycle of the roadways. Prior to 2021, the city’s pavement rehabilitation process included a sealcoat at approximately years 2, 9, and 16, a thin overlay completed by the public works department around year 20, another sealcoat around year 23, and then a full pavement replacement around year 27. This full pavement replacement project is an assessable project per the information in the assessment policy. In 2021, the City completed its first pilot mill and overlay project in an attempt to eliminate the need for seal coating projects, as asphalt striping was becoming much more prevalent on the seal coated streets. With the new pavement rehabilitation method, the new process includes a mill and overlay around year 18, a thin overlay by the public works department around year 33, and a full pavement replacement around year 40. Through the shift of the rehabilitation approach, it was determined that mill and overlay projects should be reclassified as minor maintenance instead of major maintenance. Staff recommends that mill and overlay projects do not follow the intent of the city’s assessment policy, so the policy should be updated to clarify mill and overlay projects as minor maintenance and therefore not assessable. The mill and overlay projects are instead being funded by the City’s gas and electric franchise fees. Recommendation It is recommended the City Council adopt the Infrastructure Maintenance Task Force Special Assessment Policy for Public Improvements updated on October 31, 2023. Infrastructure Maintenance Task Force Special Assessment Policy For Public Improvements September 30, 2005 Revised August 8, 2012 Revised October 31, 2023 Special Assessment Policy 2 City of Cottage Grove - - Special Assessment Policy For Public Improvements - - This policy was originally assembled by the citizens of the City of Cottage Grove in 2005. At the direction of the City Council, the IMTF was reassembled to review the policy and make recommendations: The 2012 members of the workgroup: Public Works Commission Members: Gary Kjellberg Jeff Rolling Matthew Forshee Jeff Podoll Michael Edman Jason Field (Resigned June 11, 2012) Alex Chernyaev IMTF Members: Ken Brittain Nancy Hanzlik Herb Japs Cheryl Kohls (Resigned May 14, 2012) David Olson The following staff members provided the committee with all the research and background information of previous assessment policies and materials to write the new policy: Jennifer Levitt Ryan Schroeder Robin Roland Les Burshten Special Assessment Policy 3 Table of Contents 1. General policy statement 2. Background 3. Types of improvements 3.1. Surface repairs 3.1.1. Minor maintenance 3.1.2. Mill and overlay 3.1.3. Full Pavement Replacement 3.1.3.3.1.4. Reclamation 3.1.4.3.1.5. Reconstruction 3.2. Street amenities 3.2.1. TransportationalTransportation trails 3.2.2. Recreational trails 3.2.3. Street lights 3.2.4. Landscaping 3.2.5. Petitioned Landscaping 3.3. Sub-surface repairs 3.3.1. Storm sewer 3.3.2. Sanitary sewer 3.3.3. Water main 3.4. Park Improvements 4. Determination of benefit 4.1. Appraisal/valuation 4.2. Benefited property 4.2.1. Urban residential 4.2.2. High and medium residential 4.2.3. Rural residential 4.2.4. Agricultural land 4.2.5. Commercial/industrial/non-profit/tax exempt 4.2.6. Religious institutions/school lots 4.2.7. City-owned 5. Method of assessment 5.1. Benefiting properties 5.2. Urban / residential land use / multi-family 5.3. Rural residential land use 5.4. Agricultural land use 5.5. Commercial / industrial land use 5.5.1. Lots adjacent to improved street surface 5.5.2. Lots without direct access 5.6. Religious institutions / school land use 5.7. City owned property 6. Financing 6.1. Term of assessment 6.2. Interest rate Special Assessment Policy 4 7. Deferrals 7.1. Statutorily deferments 8. Definitions 9. Appendixes 9.1. Appendix 1: Urban residential/multi-family residential land use 9.2. Appendix 2: Rural residential land use 9.3. Appendix 3: Commercial/industrial tier method 9.4. Appendix 4: Commercial/industrial tier map 9.5. Appendix 5: Previous PMTF map Special Assessment Policy 5 1. General policy statement Investing in the City of Cottage Grove’s infrastructure is an important way to maintain the safe and efficient movement of people and goods, retain property values and preserve attractiveness throughout the City. In an effort to provide for additional property value retention, marketability of the community, and preservation of the recreational amenities within the city, the city shall review the parks, trails and open space areas within the vicinity of the proposed pavement management area for feasibility to make improvements and enhancements to said areas. This policy relates only to maintenance, repair and replacement of existing roads. It does not address construction of new roads. The funding of construction of new infrastructure (public improvements) is covered under the City’s subdivision ordinance (City Code Title 10-3-3). The philosophies outlined in the IMTF special assessment policy are consistent with the manner in which the apportionment of costs and the use of appraisal/benefit information are applied to said developer financed public improvements. The City of Cottage Grove will follow the procedures for special assessments as defined in Minnesota Statutes Chapter 429. Chapter 429 does not provide guidance on how costs of public improvements are to be apportioned; therefore, the purpose of this assessment policy is to establish a manner of distributing and recovering the cost of infrastructure maintenance. It is understood that this policy is not intended to address every situation and that certain circumstances may justify deviations from this policy. 2. Background In 1994 the City Council received recommendations from the Pavement Management Task Force regarding the financing of pavement maintenance projects as the City’s infrastructure continued to age. Periodically amended by resolution over the years, the recommendations were used for infrastructure maintenance projects through 2005, when a lull in projects offered an opportunity to reconsider the special assessment procedure and create a new policy. In 2012 the City Council directed the Public Works Commission and members of the original IMTF to review the policy and provide any recommended changes to the policy, since a number of pavement management projects have been completed. See appendixAppendix 5 for previous Pavement Management map. 3. Types of improvements 3.1. Surface repairs Pavement rehabilitation, specifically mill and overlay, reclamation, and reconstruction work will not commence on a street segment in which the sealcoat application was applied within the last four years unless recommended by the Public Works Director. Special Assessment Policy 6 3.1.1. Minor maintenance For the purpose of this policy, minor maintenance will consist of pothole repair, patching, crack sealing, sealcoating, skin patch overlays, mill and overlays, and general maintenance that the Public Works Department completes. 3.1.2. Mill and overlay (Minor Maintenance) Mill and overlay is a pavement rehabilitation process that removes the top layer of bituminous pavement by the grinding action of a large machine called a “milling machine”. The overlay part of the term refers to the placement of a new bituminous pavement. The mill and overlay pavement rehabilitation may also include spot repairs of concrete curb and gutter. 3.1.3. Full Pavement Replacement (Major Maintenance) Full pavement replacement projects are a rehabilitation project that fully removes all pavement along the roadways and includes either spot or full concrete curb and gutter removal and replacement. After pavement removal and concrete curb and gutter replacement, two (2) lifts of bituminous pavement will be placed following the city standard roadway specifications. 3.1.3.3.1.4. Reclamation (Major Maintenance) Pavement reclamation is a rehabilitation process that pulverizes old bituminous pavement and mixes it with the underlying aggregate, which adds additional stability to the existing subgrade and aggregate base. After reclamation and grading, two (2) lifts of bituminous pavement will be placed. The reclamation process may include spot repairs of existing concrete curb & gutter. 3.1.4.3.1.5. Reconstruction (Major Maintenance) Pavement reconstruction involves the complete rebuilding of the subgrade, aggregate base, and bituminous pavement of a roadway. The reconstruction process will also involve installation or replacement of concrete curb and gutter. 3.2. Street amenities 3.2.1. TransportationalTransportation trails TransportationalTransportation trails are designed and built with bituminous, typically 8’ or greater in width. The transportationaltransportation trails are typically adjacent to collector streets. TransportationalTransportation trails will be assessed as the total project cost. 3.2.2. Recreational trails Special Assessment Policy 7 Recreational trails are designed and built with bituminous, typically 8’ or greater in width. Recreational trails are mainly used for recreational purposes and will be are located in public trailway easements or in parks and open space areas that are not adjacent to improved streets. Recreational trails will not be assessed as the total project costs. 3.2.3. Street lights Street lighting improvements consist of repair or replacement toof conduits, hand holes, concrete bases, poles, and luminaries. All repairs and upgrades to street lights will be assessed as the total project cost. 3.2.4. Landscaping Landscaping improvements may include, but are not limited to trees, shrubs, flowers, decorative planting beds, colored and stamped concrete, hardscape, raingarden features, and irrigation. All landscaping elements shall be assessed as the total project cost. 3.2.5. Petitioned Landscaping Petitioned landscaping elements shall be assessed at 100% to the benefitting properties. 3.3. Sub-surface 3.3.1. Storm sewer Storm sewer rehabilitation involves repair, installation, or adjustments of catch basins, manhole structures, culverts, storm pipe, and ditches. 3.3.2. Sanitary sewer Sanitary sewer rehabilitation involves repair, installation, or adjustments of manhole structures, and pipe. 3.3.3. Water mains Water main rehabilitation involves repair, installation, or adjustments of water main, gate valves, hydrants, and curb stops. 3.4. Park Improvements 3.4.1. Park or open space improvements are not considered assessable as part of the total project cost. Park improvements may be maintenance related to the existing infrastructure, new construction of park features or infrastructure, shelter improvements, playground feature enhancements, lighting, fencing, landscaping, ballfield development or maintenance, interpretive displays, accessory items and other recreational elements that enhance, preserve or improve accessibility to active park areas or natural and open space environments. Special Assessment Policy 8 4. Determination of benefit 4.1. When infrastructure maintenance or public improvement provides a special benefit to properties within a definable area, it is the intent of this policy that market analyses or valuation analyses of sample properties shall be conducted prior to the project onset to determine project benefit relative to the proposed special assessment. The method of analysis used may vary, depending upon the number of impacted parcels and the cost of the project. The results of the market or valuation analyses will be part of the feasibility report. Where appraisals are obtained, the appraisals will be conducted by an appraiser who is licensed by the Department of Commerce as a certified residential real property appraiser or a certified general real property appraiser. 4.2. Benefited property For purposes of this policy, properties are deemed to receive a benefit under circumstances described below, but the Council shall make the final determination of which properties receive benefit for any particular project: 4.2.1. Urban residential property will be considered to receive a benefit if the main entrance to the property has direct access to the street receiving major maintenance. 4.2.2. High and medium density residential property will be considered to receive benefit if it has direct access to the street receiving major maintenance. 4.2.3. Rural residential lots will be considered to receive benefit if they have direct access to the street receiving major maintenance. 4.2.4. Agricultural land will be considered to receive benefit from any major maintenance project on which the property abuts (rear, side, or front footage), as determined by an appraiser. 4.2.5. Commercial/industrial/non-profit/tax exempt property will be considered to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 4.2.6. Commercial/industrial property will be considered to receive a benefit from major maintenance projects to a street on which the property does not abut, when justified by the particular Special Assessment Policy 9 circumstances, including the proximity of the property to the street and the traffic generated by the property. 4.2.7. Religious institutions/school lots will be considered to receive a benefit to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 4.2.8. City-owned property will be considered to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 5. Method of assessment 5.1. When infrastructure maintenance or public improvement provides a special benefit to properties within a definable area, it is the intent of this policy that special assessments be levied against the benefited properties within that area. The public improvements being assessed for will be completed on homogeneous areas that have same or similar lot sizes. In general, 5.1.1. The amount of assessment will include all statutorily allowed project costs (see “Definitions”). 5.1.2. The method of assessment for public improvements in Cottage Grove will be on a residential buildable lot equivalent basis for urban residential properties. 5.1.3. The method of assessment may include residential buildable lot equivalent or area and / or lineal foot basis for non-residential and multi-family properties. 5.1.4. Minor maintenance improvements, as that term is defined in this policy will not be assessed against benefited properties. 5.2. Urban residential land use/multi-family residential land use For urban residential lots on urban/residential streets and for multi-family lots within or outside the MUSA, 45% of the project costs for both surface and sub-surface assessmentsimprovements will be assessed. All urban/residential lots on urban/residential streets shall be assessed based on the city standard street section even if the width is greater. Special Assessment Policy 10 The assessment will be apportioned among benefited urban residential and multi-family residential properties based on the number of residential buildable lot equivalent (RBLE) units for each property. The number of residential buildable lot equivalent units for each property shall be determined based on the maximum dwelling units (see “Definitions”) for the property, and multiplied by the applicable factor as determined by the Council (see example in Appendix 1). The following chart of factors will be used, subject to adjustment by the Council for any inequities: Residential Buildable Lot Single Family lot 1.0 Duplex lot 1.0 Condominiums .40 Apartment .40 Town house .60 5.3. Rural Residential land For rural residential land within or outside the MUSA, 45% of the total project cost will be assessed for major maintenance improvements to rural roads, as that term is defined in this policy. The assessments will be apportioned among the benefited rural residential lots on a unit basis, with each lot being one unit (see example in appendixAppendix 2). 5.3.1. Minor maintenance improvements, as that term is defined in this policy, will not be assessed against benefited properties. 5.3.2. This assessment policy applies only to major maintenance improvements to rural roads that involve “replace-like-kind,” i.e., maintaining, repairing or replacing an existing road section to the same width and type of road surface as existed prior to the improvement. This policy does not apply to any road improvements that would involve reconstruction of an existing road (that does not meet the rural standard) to the full rural standard, and it does not apply to road improvements that would involve reconstruction of an existing rural road to a standard urban street design. Rural roads would not be brought to complete urban street standards until after the area surrounding the road is brought into the MUSA. 5.4. Agricultural land use For agricultural land, assessment will be based on a benefit appraisal given that each project in an agricultural area will likely have unique circumstances and benefit levels not fitting clearly into a standard assessment formula. These appraisals would be done under the current Special Assessment Policy 11 zoning and land use as opposed to the potential future zoning and land use. 5.5. Commercial / Industrial land use For commercial / industrial lots within or outside the MUSA, 100% of the project costs will be assessed against benefited commercial/industrial lots. The assessment shall include both surface and sub-surface assessments and will be apportioned among the benefited commercial/industrial lots as follows: 5.5.1. Commercial / Industrial lots adjacent to the improved street surface 5.5.1.1. Surface improvements One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the improved street surface. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.1.2. Sub-surface improvements 5.5.1.2.1. Storm sewer- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.1.2.2. Sanitary sewer- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. Special Assessment Policy 12 5.5.1.2.3. Water main- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.2. Commercial / Industrial lots not abutting the improved street surface. The maintenance, repair and replacement of certain streets will benefit commercial properties even though the properties do not abut the street. The following streets are listed as examples, and the list is not intended to be exclusive: 70th Street; 80th Street; Jamaica Avenue; CSAH 19. The Council will determine which projects involve benefit to non-abutting commercial properties based on the facts and circumstances of the particular project. Commercial/industrial properties may be assessed for project costs under both 5.5.1 and 5.5.2 of this policy, depending upon the particular project. 5.5.2.1. Commercial / Industrial Tier Method For property located in a commercial district without frontage on the reconstructed street, a tier system will be utilized. Fifty percent (50%) of the total project costs will be assessed to benefited commercial/industrial properties. The benefited area would be divided into a tier system based on proximity and trip generation. The costs to be assessed would be apportioned to benefited properties based on a percentage of parcel area, with the highest percentage assigned to the most benefited tier and the lowest percentage assigned to the least benefited tier. The number of tiers and the percentages assigned to each tier will be determined based on the facts and circumstances of the particular project (see Appendix 3 and 4 for an example). 5.6. Religious Institutions / School land use For religious institutions / school lots within or outside the MUSA, 75% of the total project costs will be assessed. For purposes of this policy, a property is considered to have a school land use only if the land is improved with a school building at which students attend classes. Other properties owned by a school district but not used for classes will be assessed in the same manner as city-owned property. The assessment Special Assessment Policy 13 will be apportioned among benefited properties as follows, and shall include both surface and sub-surface assessments. 5.6.1. Property Front Footage Assessments against religious institutions and school properties are apportioned based on front footage on the street that is being improved. 5.7. City-owned property City-owned property within or outside the MUSA will be assessed in the same manner as commercial/industrial lots. 6. Financing Once the special assessments are levied and adopted, the special assessments will be certified to the Washington County Auditor to be added to the property tax lists for collection with real estate taxes. The property owner may prepay, at the City offices, the entire amount of the special assessment or an amount equal to or greater than $500.00 per parcel without any interest within thirty days after adoption of the assessment rolls by the City Council. Partial payment is not authorized by City Ordinance if not paid within 30 days of the adoption of the special assessment. 6.1. Term of assessment The term of special assessments shall be fifteen (15) years. 6.2. Interest Rate The interest rate of special assessments shall be at a rate equal to the municipal bond rate plus 1.5% established on the date costs are declared on the project by the City Council. The costs are declared at the Special Assessment Hearing as outlined in Minnesota Statute, Chapter 429. 7. Deferrals All assessments, whether or not they are in deferment status, will continue to accrue interest on the unpaid principle balance at the rate established at the time of certification of the levy. 7.1. Statutory deferments The following deferments may be available: Special Assessment Policy 14 7.1.1. Pursuant to Minnesota Statutes sections 435.193 through 435.195, senior citizens and retired, disabled homeowners may defer special assessments levied against homestead properties, as also noted in City Code 1-10-045-3. 7.1.2. Deferment for unimproved land. The payment of the first installment of any assessment levied upon an unimproved property may be deferred until a designated future year (not to exceed 15 years from the date of the levy), or until the platting of the property or the construction of improvements thereon, upon such terms and conditions and based upon such standards and criteria as may be provided by resolution of the Council. If special assessments against the property have been deferred, the City Clerk will file with the Washington County Recorder or Registrar of Titles a certificate containing the legal description of the affected property and of the amount deferred. In any event, every assessment the payment of which is so deferred, when it becomes payable, shall be divided into a number of installments such that the last installment thereof will be payable not more than 30 years after the levy of the assessment or such shorter period as the Council may specify in the resolution. All such assessments shall bear interest at the rate as the resolution determines. Special Assessment Policy 15 8. Definitions Agricultural Land Agricultural land means land that is not served by municipal sewer and water, that has contiguous acreage of ten acres, and that is in the agricultural use. Agricultural Use Agricultural use means that production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. Assessment The dollar amount charged against a property receiving an improvement benefit. Bituminous/Hot Mix Asphalt/Asphalt Pavement A mixture of asphalt cement and aggregate thoroughly mixed and compacted into a mass. Typically placed in 1 ½ to 2 ½ inch lifts. Commercial/Industrial Commercial/industrial property is any property that is not residential land or agricultural land and that is not used for school or religious institution purposes. Condominium Individual ownership of a unit in a multi-unit structure (similar to an apartment building). A special relationship exists whereby the individual owns the actual air space within the physical confines of the unit but not the barrier wall themselves. The owners of all of the condominium units each own a fractional share of common areas such as hallways and open space areas. Direct Access For the purpose of this policy, a property has direct access to a public street if gains access to the street via curb cut, driveway or private road, but not via an intervening public street. Feasibility Report A report presented to City Council to determine feasibility as to whether the improvements should best be made as proposed or in connection with some other improvement. The report must also include the estimated cost of the improvement as recommended. A reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels, must be available at the hearing. Special Assessment Policy 16 Major Maintenance For the purpose of this policy, major maintenance will consist of overlays,full pavement replacement, reclamation, or partial or total reconstruction together with other associated infrastructure repairs, reconstruction, and construction. Maximum Dwelling Units Maximum dwelling units means the greatest number of dwelling units that could be developed on improved property under the current zoning classification for the property. For unimproved property, the City Council may consider the greatest number of dwelling units that could be developed under either the current zoning classification or under a potential future zoning classification, depending upon the likelihood that the property will be rezoned in the near future. Minor Maintenance For the purpose of this policy, minor maintenance will consist of pothole repair, patching, crack sealing, sealcoating, skin patch overlays, mill and overlays, and general maintenance that the Public Works Department completes. Multi-family Residential A residential property that is/or may be improved with two or more dwelling units. Municipal Bond Rate The interest rate carried by a debt security issued by a municipality to finance its capital expenditures. Municipal bonds may be used to fund expenditures such as the construction of highways, bridges, or structures. MUSA Metropolitan Urban Services Area as established in the City’s comprehensive plan and approved by the Metropolitan Council. Patch & Repair This procedure involves the repair of the typical “pothole” or other similar small isolated sectionsections of structural failure. It involves removal and repair of the street section. Project Cost Project cost shall include, but not be limited to the following for both surface and sub-surface improvements: Construction costs; Engineering fees, Administrative fees; Legal fees; Signage; Lighting; Right-of-way costs; Public Improvement This term is intended to have the same meaning as the term “improvement” as defined in Minnesota Statutes, Section 429.011. Special Assessment Policy 17 Religious Institution Use A religious institution use is the use of land by a nonprofit, religious organization as a place of worship. Residential Residential land is property that is used to provide dwelling unit(s) for individuals or, if property is unimproved, that is zoned for development with dwelling units. Rural Residential Rural residential land means land that is not served by municipal sewer and water, that is used for single family residential purposes, and that is not agricultural land. Rural Roads Rural roads are defined as all roads outside of the MUSA that are not classified as arterials. Sealcoat This is the surface application of an asphalt emulsion followed by the placement of small graded aggregate. It’s a wear-resistant coating that protects pavements from oxidation and the effects of moisture. Single Family Residential A single family residential property is one that is or can be improved with only one dwelling unit. Special Benefit Assessment (“Assessment”) The dollar amount charged against a parcel of land receiving an improvement benefit. Townhouse Single family attached units in structures housing two or more contiguous dwelling units that share a common wall, each having separate individual front or rear entrance; the structure is that of a row-type house as distinguished from multi-dwelling apartment buildings. Urban/Residential Lots Any lots with municipal sewer and water available that are used for single family residential purposes or, if unimproved, are zoned for single residential development. Special Assessment Policy 18 9. Appendices Appendices 1 through 5 are examples that are intended to demonstrate particular provisions of the assessment policy. The examples are based on hypothetical projects and demonstrate the methods by which assessments will be calculated. The examples are not representative of actual costs or actual assessment amounts. Project costs for an actual project may vary greatly from project to project, based on physical and market conditions that exist at the time the particular project is undertaken. Assessment amounts will also vary, depending upon actual project costs and other circumstances. 9.1. Appendix 1: Urban residential land use/Multi-Family Residential land use Total project costs are $300,000, of which $240,000 is surface improvements and $60,000 is subsurface improvements of storm sewer, water and sanitary sewer. The benefited properties include 5 single family properties with no potential for further subdivision; one undeveloped property that could be subdivided into 5 single family lots; one condominium property with 10 condominium units; and one town house property with 10 town house units. Amount assessed for surface: 45% of $240,000 = $108,000 Amount assessed for subsurface: 45% of 60,000 = $27,000 Total amount to be assessed: $135,000 Total number of RBLE units: 5 + 5 + (10 x .4) + (10 x .6) = 20 Assessed amount per RBLE unit: $135,000 ÷ 20 = $6,750 per RBLE unit Assessment for each single family property: $6,750 ($33,750 total) Assessment for undeveloped property: $33,750 Assessment for condominium property: $27,000 Assessment for town house property: $40,500 $135,000 9.2. Appendix 2: Rural Residential land use Example of Replace-Like-Kind: Pine Coulee subdivision will have the existing bituminous reclaimed and the new bituminous mat will be the same width as the previous surface. Pine Coulee is not anticipated to enter into the MUSA for quite some time. This will enable residents to have a new road surface without undergoing substantial reconstruction until City utilities are made available to the area. Special Assessment Policy 19 9.3. Appendix 3: Commercial / Industrial Tier Method One example area would be the Gateway South Area (Hwy 61 & Jamaica from East Point Douglas south to 95th street). For this area we have attached a map that would show the different areas. A $200,000 project that benefits 12 commercial properties, all without direct frontage to the street being improved. Amount assessed is $100,000. The Council determines that, based on proximity and trip generation, the benefited properties fall into four different tiers in level of benefit. There are three properties in each tier. Tier #1: Properties within Tier #1 are assessed based on 100% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f.,. and 50,000 s.f.. With a proximity factor of 100%, the adjusted parcel areas are the same. Tier #2: Properties within Tier #2 are assessed based on 75% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f., and 50,000 s.f. With a proximity factor of 75%, the adjusted parcel areas are 75,000 s.f., 56,250 s.f. and 37,500 s.f. Tier #3: Properties within Tier #3 are assessed based on 50% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f. and 50,000 s.f. With a proximity factor of 50%, the adjusted parcel areas are 50,000 s.f., 37,500 s.f. and 25,000 s.f. Tier #4: Properties within Tier #4 are assessed based on 25% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f. and 50,000 s.f. With a proximity factor of 25%, the adjusted parcel areas are 25,000 s.f., 18,750 s.f. and 12,500 s.f. Total of adjusted parcel areas: 562,500 s.f. Assessment per s.f.: $100,000 ÷ 562,500 s.f. = $.177/s.f. Assessments in Tier #1: $17,700, $13,275, and $8,850 Assessments in Tier #2: $13,275, $9,956, and $6,638 Assessments in Tier #3: $8,850, $6,638, and $4,425 Assessments in Tier #4: $4,425, $3,319, and $2,213 Special Assessment Policy 20 9.4. Appendix 4: Commercial / Industrial Tier Map Special Assessment Policy 21 Appendix 5: Pavement Management Map Infrastructure Maintenance Task Force Special Assessment Policy For Public Improvements September 30, 2005 Revised August 8, 2012 Revised October 31, 2023 Special Assessment Policy 2 City of Cottage Grove - - Special Assessment Policy For Public Improvements - - This policy was originally assembled by the citizens of the City of Cottage Grove in 2005. At the direction of the City Council, the IMTF was reassembled to review the policy and make recommendations: The 2012 members of the workgroup: Public Works Commission Members: Gary Kjellberg Jeff Rolling Matthew Forshee Jeff Podoll Michael Edman Jason Field (Resigned June 11, 2012) Alex Chernyaev IMTF Members: Ken Brittain Nancy Hanzlik Herb Japs Cheryl Kohls (Resigned May 14, 2012) David Olson The following staff members provided the committee with all the research and background information of previous assessment policies and materials to write the new policy: Jennifer Levitt Ryan Schroeder Robin Roland Les Burshten Special Assessment Policy 3 Table of Contents 1. General policy statement 2. Background 3. Types of improvements 3.1. Surface repairs 3.1.1. Minor maintenance 3.1.2. Mill and overlay 3.1.3. Full Pavement Replacement 3.1.4. Reclamation 3.1.5. Reconstruction 3.2. Street amenities 3.2.1. Transportation trails 3.2.2. Recreational trails 3.2.3. Street lights 3.2.4. Landscaping 3.2.5. Petitioned Landscaping 3.3. Sub-surface repairs 3.3.1. Storm sewer 3.3.2. Sanitary sewer 3.3.3. Water main 3.4. Park Improvements 4. Determination of benefit 4.1. Appraisal/valuation 4.2. Benefited property 4.2.1. Urban residential 4.2.2. High and medium residential 4.2.3. Rural residential 4.2.4. Agricultural land 4.2.5. Commercial/industrial/non-profit/tax exempt 4.2.6. Religious institutions/school lots 4.2.7. City-owned 5. Method of assessment 5.1. Benefiting properties 5.2. Urban / residential land use / multi-family 5.3. Rural residential land use 5.4. Agricultural land use 5.5. Commercial / industrial land use 5.5.1. Lots adjacent to improved street surface 5.5.2. Lots without direct access 5.6. Religious institutions / school land use 5.7. City owned property 6. Financing 6.1. Term of assessment 6.2. Interest rate Special Assessment Policy 4 7. Deferrals 7.1. Statutorily deferments 8. Definitions 9. Appendixes 9.1. Appendix 1: Urban residential/multi-family residential land use 9.2. Appendix 2: Rural residential land use 9.3. Appendix 3: Commercial/industrial tier method 9.4. Appendix 4: Commercial/industrial tier map 9.5. Appendix 5: Previous PMTF map Special Assessment Policy 5 1. General policy statement Investing in the City of Cottage Grove’s infrastructure is an important way to maintain the safe and efficient movement of people and goods, retain property values and preserve attractiveness throughout the City. In an effort to provide for additional property value retention, marketability of the community, and preservation of the recreational amenities within the city, the city shall review the parks, trails and open space areas within the vicinity of the proposed pavement management area for feasibility to make improvements and enhancements to said areas. This policy relates only to maintenance, repair and replacement of existing roads. It does not address construction of new roads. The funding of construction of new infrastructure (public improvements) is covered under the City’s subdivision ordinance (City Code Title 10-3-3). The philosophies outlined in the IMTF special assessment policy are consistent with the manner in which the apportionment of costs and the use of appraisal/benefit information are applied to said developer financed public improvements. The City of Cottage Grove will follow the procedures for special assessments as defined in Minnesota Statutes Chapter 429. Chapter 429 does not provide guidance on how costs of public improvements are to be apportioned; therefore, the purpose of this assessment policy is to establish a manner of distributing and recovering the cost of infrastructure maintenance. It is understood that this policy is not intended to address every situation and that certain circumstances may justify deviations from this policy. 2. Background In 1994 the City Council received recommendations from the Pavement Management Task Force regarding the financing of pavement maintenance projects as the City’s infrastructure continued to age. Periodically amended by resolution over the years, the recommendations were used for infrastructure maintenance projects through 2005, when a lull in projects offered an opportunity to reconsider the special assessment procedure and create a new policy. In 2012 the City Council directed the Public Works Commission an d members of the original IMTF to review the policy and provide any recommended changes to the policy, since a number of pavement management projects have been completed. See Appendix 5 for previous Pavement Management map. 3. Types of improvements 3.1. Surface repairs Pavement rehabilitation, specifically mill and overlay, reclamation, and reconstruction work will not commence on a street segment in which the sealcoat application was applied within the last four years unless recommended by the Public Works Director. Special Assessment Policy 6 3.1.1. Minor maintenance For the purpose of this policy, minor maintenance will consist of pothole repair, patching, crack sealing, sealcoating, skin patch overlays, mill and overlays, and general maintenance that the Public Works Department completes. 3.1.2. Mill and overlay (Minor Maintenance) Mill and overlay is a pavement rehabilitation process that removes the top layer of bituminous pavement by the grinding action of a large machine called a “milling machine”. The overlay part of the term refers to the placement of a new bituminous pavement. The mill and overlay pavement rehabilitation may also include spot repairs of concrete curb and gutter. 3.1.3. Full Pavement Replacement (Major Maintenance) Full pavement replacement projects are a rehabilitation project that fully removes all pavement along the roadways and includes either spot or full concrete curb and gutter removal and replacement. After pavement removal and concrete curb and gutter replacement, two (2) lifts of bituminous pavement will be placed following the city standard roadway specifications. 3.1.4. Reclamation (Major Maintenance) Pavement reclamation is a rehabilitation process that pulverizes old bituminous pavement and mixes it with the underlying aggregate, which adds additional stability to the existing subgrade and aggregate base. After reclamation and grading, two (2) lifts of bituminous pavement will be placed. The reclamation process may include spot repairs of existing concrete curb & gutter. 3.1.5. Reconstruction (Major Maintenance) Pavement reconstruction involves the complete rebuilding of the subgrade, aggregate base, and bituminous pavement of a roadway. The reconstruction process will also involve installation or replacement of concrete curb and gutter. 3.2. Street amenities 3.2.1. Transportation trails Transportation trails are designed and built with bituminous, typically 8’ or greater in width. The transportation trails are typically adjacent to collector streets. Transportation trails will be assessed as the total project cost. 3.2.2. Recreational trails Recreational trails are designed and built with bituminous, typically 8’ or greater in width. Recreational trails are mainly used for recreational purposes and are located in public trailway easements or in parks and Special Assessment Policy 7 open space areas that are not adjacent to improved streets. Recreational trails will not be assessed as the total project costs. 3.2.3. Street lights Street lighting improvements consist of repair or replacement of conduits, hand holes, concrete bases, poles, and luminaries. All repairs and upgrades to street lights will be assessed as the total project cost. 3.2.4. Landscaping Landscaping improvements may include, but are not limited to trees, shrubs, flowers, decorative planting beds, colored and stamped concrete, hardscape, raingarden features, and irrigation. All landscaping elements shall be assessed as the total project cost. 3.2.5. Petitioned Landscaping Petitioned landscaping elements shall be assessed at 100% to the benefitting properties. 3.3. Sub-surface 3.3.1. Storm sewer Storm sewer rehabilitation involves repair, installation, or adjustments of catch basins, manhole structures, culverts, storm pipe, and ditches. 3.3.2. Sanitary sewer Sanitary sewer rehabilitation involves repair, installation, or adjustments of manhole structures, and pipe. 3.3.3. Water mains Water main rehabilitation involves repair, installation, or adjustments of water main, gate valves, hydrants, and curb stops. 3.4. Park Improvements 3.4.1. Park or open space improvements are not considered assessable as part of the total project cost. Park improvements may be maintenance related to the existing infrastructure, new construction of park features or infrastructure, shelter improvements, playground feature enhancements, lighting, fencing, landscaping, ballfield development or maintenance, interpretive displays, accessory items and other recreational elements that enhance, preserve or improve accessibility to active park areas or natural and open space environments. Special Assessment Policy 8 4. Determination of benefit 4.1. When infrastructure maintenance or public improvement provides a special benefit to properties within a definable area, it is the intent of this policy that market analyses or valuation analyses of sample properties shall be conducted prior to the project onset to determine project benefit relative to the proposed special assessment. The method of analysis used may vary, depending upon the number of impacted parcels and the cost of the project. The results of the market or valuation analyses will be part of the feasibility report. Where appraisals are obtained, the appraisals will be conducted by an appraiser who is licensed by the Department of Commerce as a certified residential real property appraiser or a certified general real property appraiser. 4.2. Benefited property For purposes of this policy, properties are deemed to receive a benefit under circumstances described below, but the Council shall make the final determination of which properties receive benefit for any particular project: 4.2.1. Urban residential property will be considered to receive a benefit if the main entrance to the property has direct access to the street receiving major maintenance. 4.2.2. High and medium density residential property will be considered to receive benefit if it has direct access to the street receiving major maintenance. 4.2.3. Rural residential lots will be considered to receive benefit if they have direct access to the street receiving major maintenance. 4.2.4. Agricultural land will be considered to receive benefit from any major maintenance project on which the property abuts (rear, side, or front footage), as determined by an appraiser. 4.2.5. Commercial/industrial/non-profit/tax exempt property will be considered to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 4.2.6. Commercial/industrial property will be considered to receive a benefit from major maintenance projects to a street on which the property does not abut, when justified by the particular circumstances, including the proximity of the property to the street and the traffic generated by the property. Special Assessment Policy 9 4.2.7. Religious institutions/school lots will be considered to receive a benefit to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 4.2.8. City-owned property will be considered to receive benefit from any major maintenance project to a street on which the property abuts (rear, side, or front footage). 5. Method of assessment 5.1. When infrastructure maintenance or public improvement provides a special benefit to properties within a definable area, it is the intent of this policy that special assessments be levied against the benefited properties within that area. The public improvements being assessed for will be completed on homogeneous areas that have same or similar lot sizes. In general, 5.1.1. The amount of assessment will include all statutorily allowed project costs (see “Definitions”). 5.1.2. The method of assessment for public improvements in Cottage Grove will be on a residential buildable lot equivalent basis for urban residential properties. 5.1.3. The method of assessment may include residential buildable lot equivalent or area and / or lineal foot basis for non-residential and multi-family properties. 5.1.4. Minor maintenance improvements, as that term is defined in this policy will not be assessed against benefited properties. 5.2. Urban residential land use/multi-family residential land use For urban residential lots on urban/residential streets and for multi-family lots within or outside the MUSA, 45% of the project costs for both surface and sub-surface improvements will be assessed. All urban/residential lots on urban/residential streets shall be assessed based on the city standard street section even if the width is greater. Special Assessment Policy 10 The assessment will be apportioned among benefited urban residential and multi-family residential properties based on the number of residential buildable lot equivalent (RBLE) units for each property. The number of residential buildable lot equivalent units for each property shall be determined based on the maximum dwelling units (see “Definitions”) for the property, and multiplied by the applicable factor as determined by the Council (see example in Appendix 1). The following chart of factors will be used, subject to adjustment by the Council for any inequities: Residential Buildable Lot Single Family lot 1.0 Duplex lot 1.0 Condominiums .40 Apartment .40 Town house .60 5.3. Rural Residential land For rural residential land within or outside the MUSA, 45% of the total project cost will be assessed for major maintenance improvements to rural roads, as that term is defined in this policy. The assessments will be apportioned among the benefited rural residential lots on a unit basis, with each lot being one unit (see example in Appendix 2). 5.3.1. Minor maintenance improvements, as that term is defined in this policy, will not be assessed against benefited properties. 5.3.2. This assessment policy applies only to major maintenance improvements to rural roads that involve “replace-like-kind,” i.e., maintaining, repairing or replacing an existing road section to the same width and type of road surface as existed prior to the improvement. This policy does not apply to any road improvements that would involve reconstruction of an existing road (that does not meet the rural standard) to the full rural standard, and it does not apply to road improvements that would involve reconstru ction of an existing rural road to a standard urban street design. Rural roads would not be brought to complete urban street standards until after the area surrounding the road is brought into the MUSA. 5.4. Agricultural land use For agricultural land, assessment will be based on a benefit appraisal given that each project in an agricultural area will likely have unique circumstances and benefit levels not fitting clearly into a standard assessment formula. These appraisals would be done under the current Special Assessment Policy 11 zoning and land use as opposed to the potential future zoning and land use. 5.5. Commercial / Industrial land use For commercial / industrial lots within or outside the MUSA, 100% of the project costs will be assessed against benefited commercial/industrial lots. The assessment shall include both surface and sub-surface assessments and will be apportioned among the benefited commercial/industrial lots as follows: 5.5.1. Commercial / Industrial lots adjacent to the improved street surface 5.5.1.1. Surface improvements One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the improved street surface. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.1.2. Sub-surface improvements 5.5.1.2.1. Storm sewer- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.1.2.2. Sanitary sewer- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. Special Assessment Policy 12 5.5.1.2.3. Water main- One third of the project costs will be apportioned among the commercial properties based on the number of linear feet abutting the project. Two thirds of the project costs will be apportioned among the commercial properties based on the areas of the properties, in square feet. 5.5.2. Commercial / Industrial lots not abutting the improved street surface. The maintenance, repair and replacement of certain streets will benefit commercial properties even though the properties do not abut the street. The following streets are listed as examples, and the list is not intended to be exclusive: 70th Street; 80th Street; Jamaica Avenue; CSAH 19. The Council will determine which projects involve benefit to non-abutting commercial properties based on the facts and circumstances of the particular project. Commercial/industrial properties may be assessed for project costs under both 5.5.1 and 5.5.2 of this policy, depending upon the particular project. 5.5.2.1. Commercial / Industrial Tier Method For property located in a commercial district without frontage on the reconstructed street, a tier system will be utilized. Fifty percent (50%) of the total project costs will be assessed to benefited commercial/industrial properties. The benefited area would be divided into a tier system based on proximity and trip generation. The costs to be assessed would be apportioned to benefited properties based on a percentage of parcel area, with the highest percentage assigned to the most benefited tier and the lowest percentage assigned to the least benefited tier. The number of tiers and the percentages assigned to each tier will be determined based on the facts and circumstances of the particular project (see Appendix 3 and 4 for an example). 5.6. Religious Institutions / School land use For religious institutions / school lots within or outside the MUSA, 75% of the total project costs will be assessed. For purposes of this policy, a property is considered to have a school land use only if the land is improved with a school building at which students attend classes. Other properties owned by a school district but not used for classes will be assessed in the same manner as city-owned property. The assessment Special Assessment Policy 13 will be apportioned among benefited properties as follows, and shall include both surface and sub-surface assessments. 5.6.1. Property Front Footage Assessments against religious institutions and school properties are apportioned based on front footage on the street that is being improved. 5.7. City-owned property City-owned property within or outside the MUSA will be assessed in the same manner as commercial/industrial lots. 6. Financing Once the special assessments are levied and adopted, the special assessments will be certified to the Washington County Auditor to be added to the property tax lists for collection with real estate taxes. The property owner may prepay, at the City offices, the entire amount of the special assessment or an amount equal to or greater than $500.00 per parcel without any interest within thirty days after adoption of the assessment rolls by the City Council. Partial payment is not authorized by City Ordinance if not paid within 30 days of the adoption of the special assessment. 6.1. Term of assessment The term of special assessments shall be fifteen (15) years. 6.2. Interest Rate The interest rate of special assessments shall be at a rate equal to the municipal bond rate plus 1.5% established on the date costs are declared on the project by the City Council. The costs are declared at the Special Assessment Hearing as outlined in Minnesota Statute, Chapter 429. 7. Deferrals All assessments, whether or not they are in deferment status, will continue to accrue interest on the unpaid principle balance at the rate established at the time of certification of the levy. 7.1. Statutory deferments The following deferments may be available: Special Assessment Policy 14 7.1.1. Pursuant to Minnesota Statutes sections 435.193 through 435.195, senior citizens and retired, disabled homeowners may defer special assessments levied against homestead properties, as also noted in City Code 1-5-3. 7.1.2. Deferment for unimproved land. The payment of the first installment of any assessment levied upon an unimproved property may be deferred until a designated future year (not to exceed 15 years from the date of the levy), or until the platting of the property or the construction of improvements thereon, upon such terms and conditions and based upon such standards and criteria as may be provided by resolution of the Council. If special assessments against the property have been deferred, the City Clerk will file with the Washington County Recorder or Registrar of Titles a certificate containing the legal description of the affected property and of the amount deferred. In any event, every assessment the payment of which is so deferred, when it becomes payable, shall be divided into a number of installments such that the last installment thereof will be payable not more than 30 years after the levy of the assessment or such shorter period as the Council may specify in the resolution. All such assessments shall bear interest at the rate as the resolution determines. Special Assessment Policy 15 8. Definitions Agricultural Land Agricultural land means land that is not served by municipal sewer and water, that has contiguous acreage of ten acres, and that is in the agricultural use. Agricultural Use Agricultural use means that production for sale of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be deemed to be in agricultural use. Assessment The dollar amount charged against a property receiving an improvement benefit. Bituminous/Hot Mix Asphalt/Asphalt Pavement A mixture of asphalt cement and aggregate thoroughly mixed and compacted into a mass. Typically placed in 1 ½ to 2 ½ inch lifts. Commercial/Industrial Commercial/industrial property is any property that is not residential land or agricultural land and that is not used for school or religious institution purposes. Condominium Individual ownership of a unit in a multi-unit structure (similar to an apartment building). A special relationship exists whereby the individual owns the actual air space within the physical confines of the unit but not the barrier wall themselves. The owners of all of the condominium units each own a fractional share of common areas such as hallways and open space areas. Direct Access For the purpose of this policy, a property has direct access to a public street if gains access to the street via curb cut, driveway or private road, but not via an intervening public street. Feasibility Report A report presented to City Council to determine feasibility as to whether the improvements should best be made as proposed or in connection with some other improvement. The report must also include the estimated cost of the improvement as recommended. A reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected parcels, must be available at the hearing. Special Assessment Policy 16 Major Maintenance For the purpose of this policy, major maintenance will consist of full pavement replacement, reclamation, or partial or total reconstruction together with other associated infrastructure repairs, reconstruction, and construction. Maximum Dwelling Units Maximum dwelling units means the greatest number of dwelling units that could be developed on improved property under the current zoning classification for the property. For unimproved property, the City Council may consider the greatest number of dwelling units that could be developed under either the current zoning classification or under a potential future zoning classification, depending upon the likelihood that the property will be rezoned in the near future. Minor Maintenance For the purpose of this policy, minor maintenance will consist of pothole repair, patching, crack sealing, sealcoating, skin patch overlays, mill and overlays, and general maintenance that the Public Works Department completes. Multi-family Residential A residential property that is/or may be improved with two or more dwelling units. Municipal Bond Rate The interest rate carried by a debt security issued by a municipality to finance its capital expenditures. Municipal bonds may be used to fund expenditures such as the construction of highways, bridges, or structures. MUSA Metropolitan Urban Services Area as established in the City’s comprehensive plan and approved by the Metropolitan Council. Patch & Repair This procedure involves the repair of the typical “pothole” or other similar small isolated sections of structural failure. It involves removal and repair of the street section. Project Cost Project cost shall include, but not be limited to the following for both surface and sub-surface improvements: Construction costs; Engineering fees, Administrative fees; Legal fees; Signage; Lighting; Right-of-way costs; Public Improvement This term is intended to have the same meaning as the term “improvement” as defined in Minnesota Statutes, Section 429.011. Special Assessment Policy 17 Religious Institution Use A religious institution use is the use of land by a nonprofit, religious organization as a place of worship. Residential Residential land is property that is used to provide dwelling unit(s) for individuals or, if property is unimproved, that is zoned for development with dwelling units. Rural Residential Rural residential land means land that is not served by municipal sewer and water, that is used for single family residential purposes, and that is not agricultural land. Rural Roads Rural roads are defined as all roads outside of the MUSA that are not classified as arterials. Sealcoat This is the surface application of an asphalt emulsion followed by the placement of small graded aggregate. It’s a wear-resistant coating that protects pavements from oxidation and the effects of moisture. Single Family Residential A single family residential property is one that is or can be improved with only one dwelling unit. Special Benefit Assessment (“Assessment”) The dollar amount charged against a parcel of land receiving an improvement benefit. Townhouse Single family attached units in structures housing two or more contiguous dwelling units that share a common wall, each having separate individual front or rear entrance; the structure is that of a row-type house as distinguished from multi-dwelling apartment buildings. Urban/Residential Lots Any lots with municipal sewer and water available that are used for single family residential purposes or, if unimproved, are zoned for single residential development. Special Assessment Policy 18 9. Appendices Appendices 1 through 5 are examples that are intended to demonstrate particular provisions of the assessment policy. The examples are based on hypothetical projects and demonstrate the methods by which assessments will be calculated. The examples are not representative of act ual costs or actual assessment amounts. Project costs for an actual project may vary greatly from project to project, based on physical and market conditions that exist at the time the particular project is undertaken. Assessment am ounts will also vary, depending upon actual project costs and other circumstances. 9.1. Appendix 1: Urban residential land use/Multi-Family Residential land use Total project costs are $300,000, of which $240,000 is surface improvements and $60,000 is subsurface improvements of storm sewer, water and sanitary sewer. The benefited properties include 5 single family properties with no potential for further subdivision; one undeveloped property that could be subdivided into 5 single family lots; one condominium property with 10 condominium units; and one town house property with 10 town house units. Amount assessed for surface: 45% of $240,000 = $108,000 Amount assessed for subsurface: 45% of 60,000 = $27,000 Total amount to be assessed: $135,000 Total number of RBLE units: 5 + 5 + (10 x .4) + (10 x .6) = 20 Assessed amount per RBLE unit: $135,000 ÷ 20 = $6,750 per RBLE unit Assessment for each single family property: $6,750 ($33,750 total) Assessment for undeveloped property: $33,750 Assessment for condominium property: $27,000 Assessment for town house property: $40,500 $135,000 9.2. Appendix 2: Rural Residential land use Example of Replace-Like-Kind: Pine Coulee subdivision will have the existing bituminous reclaimed and the new bituminous mat will be the same width as the previous surface. Pine Coulee is not anticipated to enter into the MUSA for quite some time. This will enable residents to have a new road surface without undergoing substantial reconstruction until City utilities are made available to the area. Special Assessment Policy 19 9.3. Appendix 3: Commercial / Industrial Tier Method One example area would be the Gateway South Area (Hwy 61 & Jamaica from East Point Douglas south to 95th street). For this area we have attached a map that would show the different areas. A $200,000 project that benefits 12 commercial properties, all without direct frontage to the street being improved. Amount assessed is $100,000. The Council determines that, based on proximity and trip generation, the benefited properties fall into four different tiers in level of benefit. There are three properties in each tier. Tier #1: Properties within Tier #1 are assessed based on 100% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f.,. and 50,000 s.f.. With a proximity factor of 100%, the adjusted parcel areas are the same. Tier #2: Properties within Tier #2 are assessed based on 75% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f., and 50,000 s.f. With a proximity factor of 75%, the adjusted parcel areas are 75,000 s.f., 56,250 s.f. and 37,500 s.f. Tier #3: Properties within Tier #3 are assessed based on 50% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f. and 50,000 s.f. With a proximity factor of 50%, the adjusted parcel areas are 50,000 s.f., 37,500 s.f. and 2 5,000 s.f. Tier #4: Properties within Tier #4 are assessed based on 25% of the parcel areas. Properties in this tier have areas of 100,000 s.f., 75,000 s.f. and 50,000 s.f. With a proximity factor of 25%, the adjusted parcel areas are 25,000 s.f., 18,750 s.f. and 1 2,500 s.f. Total of adjusted parcel areas: 562,500 s.f. Assessment per s.f.: $100,000 ÷ 562,500 s.f. = $.177/s.f. Assessments in Tier #1: $17,700, $13,275, and $8,850 Assessments in Tier #2: $13,275, $9,956, and $6,638 Assessments in Tier #3: $8,850, $6,638, and $4,425 Assessments in Tier #4: $4,425, $3,319, and $2,213 Special Assessment Policy 20 9.4. Appendix 4: Commercial / Industrial Tier Map Special Assessment Policy 21 Appendix 5: Pavement Management Map 1 City Council Action Request 7.O. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title CSAH 19 (Keats Avenue) and 80th Street Roundabout – Support Pursuing Local Road Improvement Program Funding from MnDOT Staff Recommendation Authorize Mayor Myron Bailey to sign a letter supporting Washington County’s pursuit of Local Road Improvement Program Funding from MnDOT for the CSAH 19 (Keats Avenue) and 80th Street Roundabout Project. Budget Implication N/A Attachments 1. LRIP Grant Application CC Memo 2. LRIP Grant Application Letter of Support To: Honorable Mayor and City Council Jennifer Levitt, City Administrator From: Amanda Meyer, PE, City Engineer Date: November 7, 2023 Re: CSAH 19 (Keats Avenue) and 80th Street Roundabout – Support Pursuing Local Road Improvement Program Funding from MnDOT Background/Discussion In 2019, the County added red flashing beacons for the northbound and southbound approaches to increase the conspicuity of the intersection control to approaching motorists and address concern that drivers were running the stop signs at the CSAH 19 (Keats Avenue) and 80th Street intersection. These beacons were then upgraded to a solar LED system in 2023, with flashing red lights installed around the perimeter of the stop signs on those approaches. This intersection has been programmed both in the City of Cottage Grove’s and Washington County’s Capital Improvement Plan (CIP) for intersection upgrades in 2026. As the County begins their project process, they are working through the evaluation of funding sources. One opportunity they would like to pursue is Local Road Improvement Program (LRIP) Funding similar to what the City obtained to help fund the East Point Douglas and Jamaica Avenue Project. The Local Road Improvement Program (LRIP), which is administered by the Minnesota Department of Transportation, makes available up to $1,250,000 to apply towards projects on local roads that are regionally significant, result in safety improvements, addres s transportation deficiencies, and contribute to economic development. The intersection of CSAH 19 (Keats Avenue) and 80th Street currently experiences some minor congestion during peak hours, but generally operates efficiently during the majority of the day. With the anticipated continued traffic growth in the area, concerns regarding drivers failing to stop, and this intersection being one of the last remaining stop signs along the CSAH 19 (Keats Avenue) corridor, it is an optimal applicant for this funding source. Recommendation It is recommended the City Council authorize Mayor Myron Bailey to sign a letter supporting Washington County’s pursuit of Local Road Improvement Program Funding from MnDOT for the CSAH 19 (Keats Avenue) and 80th Street Roundabout Project. CITY OF COTTAGE GROVE ⚫ 12800 Ravine Parkway ⚫ Cottage Grove, Minnesota 55016 www.cottagegrovemn.gov ⚫ 651-458-2800 ⚫ Fax 651-458-2897 ⚫ Equal Opportunity Employer November 16, 2023 Wayne Sandberg Public Works Director/County Engineer Washington County Public Works 11660 Myeron Road Stillwater, MN 55082 RE: Support for Construction of a Roundabout at County State Aid Highway 19 (Keats Avenue) and 80th Street in the City of Cottage Grove Dear Mr. Sandberg: The purpose of this letter is to express the City of Cottage Grove’s support for Washington County’s application for funding through the Minnesota Department of Transportation’s Local Road Improvement Program for construction of a roundabout at the interse ction of County State Aid Highway 19 (Keats Ave) and 80th Street in the City of Cottage Grove These improvements are consistent with both the City’s and the County’s 2040 comprehensive plans. The City of Cottage Grove will continue to support Washington County’s efforts to improve the County transportation system as identified in the 2040 Washington County Comprehensive Plan. Thank you for your consideration. If you have any questions, please contact City Engineer, Amanda Meyer at 651-458-2848 or ameyer@cottagegrovemn.gov. Sincerely, Mayor Myron Bailey City of Cottage Grove 1 City Council Action Request 7.P. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title Grange Trunk Water Main Extension Project - Change Order #1 Staff Recommendation Budget Implication Approve Change Order #1 in the amount of $22,400 for the Grange Trunk Water Main Extension project. This would bring the total project construction cost from $2,036,796, to $2,059,196. Funding through 3M Settlement Funds. Attachments 1. Memo - Grange Trunk Water Main Extension Change Order 1_11-15-2023 2. Grange Signed CO 1 To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From:Ryan Burfeind, P.E., Public Works Director Date:November 8, 2023 Re:Grange Trunk Water Main Extension Project – Change Order #1 Background/ Discussion The Grange Trunk Water Main Project was awarded at the July 19, 2023 City Council meeting to Ryan Contracting Company, in the amount of $2,036,796.00. As the Council will recall, this project is fully funded by the 3M Settlement as an identified project in the Conceptual Drinking Water Supply Plan. During the installation of the water main pipe for the Grange Trunk Water Main Extension, it was discovered that the existing soils and groundwater on the west side of Hamlet Park were considerably unstable after excavation. To ensure the stability of the newly installed water main both during and after construction, it is necessary to mechanically restrain each water main pipe joint within a specific area adjacent to Hamlet Pond as identified by the engineer. This shall be accomplished with industry standard construction practices. This is a change in condition and was not in the contractor's original bid. Ryan Contracting has quoted the amount of $22,400 to restrain the additional joints as directed by the engineer. This amount is consistent with similar projects. With this change order, the total contract amount for this project would increase to $2,059,196. Recommendation It is recommended that the City Council approve Change Order #1 in the amount of $22,400 for the Grange Trunk Water Main Extension project. This would bring the total project construction cost from $2,036,796, to $2,059,196. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer CHANGE ORDER City Of Cottage Grove 10/10/23 OWNER D ATE 170981 1 OWNER'S PROJECT NO. CHANGE ORDER NO. Grange Trunk Water Main Extension 170981 71.50 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents: Description: During the installation of the water main pipe for the Grange Trunk Water Main Extension it was discovered that the existing soils and groundwater on the west side of Hamlet Park were considerably unstable after excavation. To ensure the stability of the newly installed water main both during and after construction it is necessary to mechanically restrain each water main pipe joint within a specific area adjacent to Hamlet Pond as identified by the engineer. This shall be accomplished with industry standard construction practices. This is a change in condition and was not in the contractor's original bid. Ryan Contracting has quoted the amount of $22,400 to restrain the additional joints as directed by the engineer. This amount is consistent with similar projects. Purpose of Change Order: Reimburse Ryan Contracting for additional water main joint restraint in the amount of $22,400. Basis of Cost: Actual Estimated Attachments (list supporting documents) Contract Status Time Cost Original Contract July 12, 2023 $2,036,796.00 Net Change Prior C.O.’s to Change this C.O. October 10, 2023 $22,400.00 Revised Contract $2,059,196.00 Recommended for Approval: Short Elliott Hendrickson Inc. by Brad Swanson Agreed to by Contractor: Approved for Owner: BY Ryan Contracting Co BY City Of Cottage Grove TITLE TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 x:\ae\c\cottg\170981\7-const-svcs\73-app-pymt\afp\change order 1.docx CFO/Sec 1 City Council Action Request 7.Q. Meeting Date 11/15/2023 Department Public Works Agenda Category Action Item Title Goodview Water Main Project - Final Payment Staff Recommendation Adopt resolution 2023-144 approving the final payment to Miller Excavating, Inc in the amount of $73,899.86 for the Goodview Water Main Project. Budget Implication 3M Settlement Funds will pay $73,899.86 final payment. Attachments 1. 1_AFP 7_Final Letter to City 2. 2_Goodview Final Pay App 3. 3_Final Payment Goodview Resolution 2023-11-15 4. 4_Consent of Surety 5. 5_IC134s & LWS Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax November 1, 2023 RE: Cottage Grove, MN Goodview Avenue Water Main Extension SEH No. COTTG 162976 Ryan Burfeind, Public Works Director City of Cottage Grove 12800 Ravine Parkway S. Cottage Grove, MN 55016 Dear Mr. Burfeind: Please find enclosed the final application for payment for the referenced project. The quantities completed to date have been reviewed and we hereby recommend approval for final payment to Miller Excavting, Inc in the amount of $73,899.86. This amount in addition to previous payments and approved Change Order No. 1 represents 100% of the work completed with 0% held for retainage. Enclosed are the required IC-134 forms, lien waivers, and Consent of Surety to Final Payment. The final construction cost of the project is $2,083,097.26. The original contract amount of $2,271,124.81 plus one change order in the amount of $46,144.14 provided a revised contract amount of $2,317,268.95. The $234,171.69 difference represents approximately a 10% savings to the revised contract amount. This was primarily a result of the following: 1. The Contractor installed the water main without disturbing the existing aggregate roadway base on the opposite side of the streets reducing the quantity of common excavation and aggregate base. 2. Quantity under-runs throughout various contract items. We have reviewed work performed on this site with public work staff and have found it to be acceptable. We will review again within the contract’s warranty period. Any material not performing to City specifications will be addressed under the project warranty with the Contractor. If approved, please sign and forward payment, along with a copy of the signed pay application to Miller Excavating, Inc, retaining the original for City records. Sincerely, Brad Swanson Project Manager SEH Enclosures x:\ae\c\cottg\162976\7-const-svcs\73-app-pymt\water main ext afp\afp 7_final letter to city.docx CITY OF COTTAGE GROVE CITY COUNCIL RESOLUTION NO. 2023-144 RESOLUTION APPROVING THE FINAL PAYMENT IN THE AMOUNT OF $73,899.86 TO MILLER EXCAVATING INC. FOR THE GOODVIEW AVE WATER MAIN EXTENSION PROJECT WHEREAS, the Public Works Director has certified that work has been satisfactorily completed; and WHEREAS, the original total contract amount was $2,271,124.81. A change order was included with this project, in the amount of $46,144.14. The revised total contract amount was $2,317,268.95. The final construction cost was $2,083,097.26, which is $234,171.69 less than the contract amount. The reduced construction cost was primarily due to an overall reduction in quantities necessary to complete the project and less disturbance to the existing gravel base during water main installation; and WHEREAS, the project has been satisfactorily completed in accordance with the contract plans and specifications. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that $73,899.86 is paid to Miller Excavating, Inc. for the final payment for the Goodview Ave Water Main Extension Project. Passed this 15th day of November, 2023. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 8.A. Meeting Date 11/15/2023 Department Finance Agenda Category Action Item Title Approve Disbursements Staff Recommendation Approve disbursements in the amount of $4,098,308.35. Budget Implication N/A Attachments 1. Expense Approval Report 11-08-2023 11/8/2023 3:11:44 PM Page 1 of 32 Expense Approval Report Cottage Grove By Vendor Name Payment Dates 11/1/2023 - 11/8/2023 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN36621 - A+ OUTDOOR SERVICES INC 2,759.9511622311/08/2023221371A+ OUTDOOR SERVICES INC EPD & JAMICA IRRIGATION EQUIPMENT - TACO BELL Vendor VEN36621 - A+ OUTDOOR SERVICES INC Total:2,759.95 Vendor: VEN35316 - ABM EQUIPMENT LLC 738.12174590-IN11/08/202316906ABM EQUIPMENT LLC DOOR LATCH ASSEMBLY - 2601/36678 Vendor VEN35316 - ABM EQUIPMENT LLC Total:738.12 Vendor: VEN20033 - ACUSHNET COMPANY 284.7191670869611/08/2023221372ACUSHNET COMPANY PROSHOP MERCHANDISE 79.3491672142311/08/2023221372ACUSHNET COMPANY PROSHOP MERCHANDISE Vendor VEN20033 - ACUSHNET COMPANY Total:364.05 Vendor: VEN01187 - ADVANCED GRAPHIX INC 400.0021270211/08/2023221373ADVANCED GRAPHIX INC DECALS FOR UNIT 2065/CSO Vendor VEN01187 - ADVANCED GRAPHIX INC Total:400.00 Vendor: VEN35015 - ALEC KOERNER 250.502023110211/08/2023221374ALEC KOERNER REIMBURSEMENT- 49ERS PHASE 3 - A. KOERNER Vendor VEN35015 - ALEC KOERNER Total:250.50 Vendor: VEN01103 - ALLSTATE PETERBILT SALES & LEASING 1,188.40300615551911/08/202316907ALLSTATE PETERBILT SALES & …SERVICE ON CAT,TRANSFER PUMP,O/S LABOR-4007/36636 Vendor VEN01103 - ALLSTATE PETERBILT SALES & LEASING Total:1,188.40 Vendor: VEN33229 - AMAZON FULFILLMENT SERVICES, INC. 125.061T3V-MFQK-GF7G11/02/202316860AMAZON FULFILLMENT SERVI…GLOW STICKS PARTY PACK/LED MASK 44.971GQ4-XDQC-NYVC11/08/202316908AMAZON FULFILLMENT SERVI…SAW BLADES 69.401T63-DXKK-4W9H11/02/202316860AMAZON FULFILLMENT SERVI…EXTENSION CORDS - FM 210.771V73-PNH7-TM1M11/02/202316860AMAZON FULFILLMENT SERVI…MIRROR CENTERPIECES/ICE TOTE- EVENTS 13.9816JP-3XLX-GMDF11/02/202316860AMAZON FULFILLMENT SERVI…DESK BELL 116.871HDR-1XDH-FWJW11/02/202316860AMAZON FULFILLMENT SERVI…WELLNESS COMMITTEE BENEFIT FAIR GIVE-AWAYS 166.791M9V-TYVG-NF9J11/02/202316860AMAZON FULFILLMENT SERVI…BLUTOOTH HEADPHONES 39.971X49-LMQF-17Y411/08/202316908AMAZON FULFILLMENT SERVI…TV ANTENNA 48.851XNC-PMWR-17G611/08/202316908AMAZON FULFILLMENT SERVI…COFFEE SUPPLIES 124.82171F-X7NV-DTTF11/08/202316908AMAZON FULFILLMENT SERVI…SPACE HEATERS - CITY HALL Vendor VEN33229 - AMAZON FULFILLMENT SERVICES, INC. Total:961.48 Vendor: VEN01201 - AMERICAN WATER WORKS ASSOCIATION 2,312.00700214957211/01/2023221292AMERICAN WATER WORKS AS…AWWA MEMBER RENEWAL- ALT/RHODE/MOEN-1/1/24- 12/31/24 Vendor VEN01201 - AMERICAN WATER WORKS ASSOCIATION Total:2,312.00 Vendor: VEN36038 - AMY SCHWEIGERT 2,106.00104111/01/2023221293AMY SCHWEIGERT MONTHLY RETAINER/CGPD THERAPY - OCTOBER 2023 Vendor VEN36038 - AMY SCHWEIGERT Total:2,106.00 Vendor: VEN35939 - ANIMAL EMERGENCY & REFERRAL CENTER OF MINNESOTA 736.0878278411/01/2023221294ANIMAL EMERGENCY & REFE…ER CARE FOR SCOUT Vendor VEN35939 - ANIMAL EMERGENCY & REFERRAL CENTER OF MINNESOTA Total:736.08 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 2 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN31765 - ANIMAL HUMANE SOCIETY 1,245.003756611/01/2023221295ANIMAL HUMANE SOCIETY 3RD QTR IMPOUND FEES Vendor VEN31765 - ANIMAL HUMANE SOCIETY Total:1,245.00 Vendor: VEN34977 - ARAMARK UNIFORM & CAREER APPAREL GROUP INC 285.31250032781111/02/202316861ARAMARK UNIFORM & CAREE…RESTAURANT LINEN/SUPPLIES SVCS 247.81250033183311/02/202316861ARAMARK UNIFORM & CAREE…CHEF COAT/APRONS/MOP/NAPKINS /LINEN/SUPPLIES SVCS 285.31250033588911/02/202316861ARAMARK UNIFORM & CAREE…LINENS/NAPKINS/MATS/APRO NS/CHEFS COAT 247.81250033991911/02/202316861ARAMARK UNIFORM & CAREE…LINENS/NAPKINS/MATS/APRO NS/CHEFS COAT 285.31250034412711/08/202316909ARAMARK UNIFORM & CAREE…RESTAURANT LINEN/SUPPLIES SVCS Vendor VEN34977 - ARAMARK UNIFORM & CAREER APPAREL GROUP INC Total:1,351.55 Vendor: VEN36608 - ARBOR HILL TREE FARM LLC 2,934.00575111/01/2023221296ARBOR HILL TREE FARM LLC SPRUCE TREES/65TH AND HARKNESS -FORESTRY Vendor VEN36608 - ARBOR HILL TREE FARM LLC Total:2,934.00 Vendor: VEN01017 - ASPEN EQUIPMENT COMPANY 1,326.0018561911/08/202316910ASPEN EQUIPMENT COMPANY WHELEN LOW PROFILE AMBER STROBE BAR 1,260.0018561911/08/202316910ASPEN EQUIPMENT COMPANY 62IN WIDE CHEST, GLOSS BLACK 1,138.0018561911/08/202316910ASPEN EQUIPMENT COMPANY FRONT LOAD LINEAR LED 1,038.0018561911/08/202316910ASPEN EQUIPMENT COMPANY 7IN GRIP STRUT RUNNING BOARDS 713.0018561911/08/202316910ASPEN EQUIPMENT COMPANY BACK RACK TOOLBOX CAB PROTECTOR 594.0018561911/08/202316910ASPEN EQUIPMENT COMPANY MOUNT STROBE PAIR & WIRE TO SWITCH 464.0018561911/08/202316910ASPEN EQUIPMENT COMPANY INSTALL 6IN RISER FOR TOOLBOX CHEST 282.0018561911/08/202316910ASPEN EQUIPMENT COMPANY UTILITY LIGHT BRACKET 96.0018561911/08/202316910ASPEN EQUIPMENT COMPANY FIRE EXTINGUISHER BRACKET 73.0018561911/08/202316910ASPEN EQUIPMENT COMPANY FIRE EXTINGUISHER CLASS ABC 1,187.65PSO044614-111/08/202316910ASPEN EQUIPMENT COMPANY PLATES,BALL,JOINT,CAST - 4104/36617 42.73PSO047215-111/02/202316862ASPEN EQUIPMENT COMPANY PIVOT PIN - 1503/36566 3,171.45PSO041523-111/02/202316862ASPEN EQUIPMENT COMPANY CANISTER,CYLINDERS - 4002/36375 2,951.99PSO044425-111/02/202316862ASPEN EQUIPMENT COMPANY PLOW PARTS- 4006/36597,4007/36541,4008 /36600 Vendor VEN01017 - ASPEN EQUIPMENT COMPANY Total:14,337.82 Vendor: VEN29293 - ASPEN MILLS 164.9732098311/01/2023221297ASPEN MILLS UNIFORM - M. DAHLQUIST 494.9032098311/01/2023221297ASPEN MILLS UNIFORM - M. DAHLQUIST Vendor VEN29293 - ASPEN MILLS Total:659.87 Vendor: VEN36616 - AURORA ASPHALT & CONCRETE 64.002023102611/01/2023221298AURORA ASPHALT & CONCRE…REFUND ZONING PERMIT# 2023-022271 Vendor VEN36616 - AURORA ASPHALT & CONCRETE Total:64.00 Vendor: VEN36444 - BARRETT BOE 862.562023101611/08/2023221375BARRETT BOE REIMBURSEMENT - GOLF BUSINESS TECHCON - B.BOE Vendor VEN36444 - BARRETT BOE Total:862.56 Vendor: VEN29278 - BAUER BUILT TIRE 1,273.2918029584911/08/2023221376BAUER BUILT TIRE 225/70R195 G AGILIS HD Z TIRE - STOCK Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 3 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 1,771.0118029598311/08/2023221376BAUER BUILT TIRE 11R225 PXDS2 STK TIRE - STOCK 1,283.1618029666211/08/2023221376BAUER BUILT TIRE TIRES 1,866.9751802376011/08/2023221376BAUER BUILT TIRE MNT/DSMNT TIRES (2) - 4101/36643 Vendor VEN29278 - BAUER BUILT TIRE Total:6,194.43 Vendor: VEN36524 - BAY WEST LLC 317.6423S-00617111/01/2023221299BAY WEST LLC EMERGENCY RESPONSE PROJECT Vendor VEN36524 - BAY WEST LLC Total:317.64 Vendor: VEN33625 - BAYCOM, INC 542.00EQUIPINV_04409611/08/202316911BAYCOM, INC CRADLEPOINT APPLICATION/2- IN-1 ANTENNA 1,084.00EQUIPINV_04507311/08/202316911BAYCOM, INC CRADLEPOINT APPLICATION/2- IN1 ANTENNNA 8,526.00EQUIPINV_04582611/08/202316911BAYCOM, INC TOUGHBOOK FZ55 1,791.00EQUIPINV_04582611/08/202316911BAYCOM, INC HAVIS VEHICLE DOCK 432.00EQUIPINV_04582611/08/202316911BAYCOM, INC POWER HARNESS Vendor VEN33625 - BAYCOM, INC Total:12,375.00 Vendor: VEN35312 - BERMUDA SANDS APPAREL LLC 295.8611432211/01/2023221300BERMUDA SANDS APPAREL LLC PROSHOP APPAREL Vendor VEN35312 - BERMUDA SANDS APPAREL LLC Total:295.86 Vendor: VEN32569 - BERTELSON BROTHERS, INC 774.39M-65575309/30/202311/02/202316863BERTELSON BROTHERS, INC SEPTEMBER 2023 OFFICE SUPPLIES 106.39M-65575309/30/202311/02/202316863BERTELSON BROTHERS, INC SEPTEMBER 2023 OFFICE SUPPLIES 607.10M-65575309/30/202311/02/202316863BERTELSON BROTHERS, INC SEPTEMBER 2023 OFFICE SUPPLIES Vendor VEN32569 - BERTELSON BROTHERS, INC Total:1,487.88 Vendor: VEN32557 - BG AUTOMOTIVE INC 483.00PI004331811/08/202316912BG AUTOMOTIVE INC ADDITIVES - STOCK Vendor VEN32557 - BG AUTOMOTIVE INC Total:483.00 Vendor: VEN35453 - BIX PRODUCE COMPANY LLC 372.77595185011/02/202316864BIX PRODUCE COMPANY LLC FOOD FOR CLUBHOUSE 304.53595467011/02/202316864BIX PRODUCE COMPANY LLC FOOD FOR CLUBHOUSE 286.72595999911/08/202316913BIX PRODUCE COMPANY LLC FOOD FOR CLUBHOUSE Vendor VEN35453 - BIX PRODUCE COMPANY LLC Total:964.02 Vendor: VEN31447 - BOLTON & MENK, INC 3,805.6632252811/08/202316914BOLTON & MENK, INC 100TH ST EXTENSION UTILITY 9/2/23-9/29/23 3,805.6732252811/08/202316914BOLTON & MENK, INC 100TH ST EXTENSION UTILITY 9/2/23-9/29/23 3,805.6732252811/08/202316914BOLTON & MENK, INC 100TH ST EXTENSION UTILITY 9/2/23-9/29/23 76.5032252911/08/202316914BOLTON & MENK, INC 2023 MILL OVERLAY 9/2/23- 9/29/23 9,054.0032253011/08/202316914BOLTON & MENK, INC 2023 PAVEMENT MANAGEMENT 9/2/23- 9/29/23 32,539.5032253111/08/202316914BOLTON & MENK, INC 2024 PAVEMENT MANAGEMENT 9/2/23- 9/29/23 424.5032253211/08/202316914BOLTON & MENK, INC 7781 HARDWOOD AVENUE 9/2/23-9/29/23 16,232.0032253311/08/202316914BOLTON & MENK, INC 80TH ST REHABILITATION 9/2/23-9/29/23 754.5032253411/08/202316914BOLTON & MENK, INC ANDERSEN RENEWAL EXPANSION 9/2/23-9/29/23 270.0032253511/08/202316914BOLTON & MENK, INC CARDINAL RESERVE 9/2/23- 9/29/23 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 4 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 2,680.5032253611/08/202316914BOLTON & MENK, INC CHASE BANK 9/2/23-9/29/23 7,688.0032253711/08/202316914BOLTON & MENK, INC COMP SANITARY SEWER PLAN 9/2/23-9/29/23 2,145.0032253811/08/202316914BOLTON & MENK, INC TRELLIS AFFORDABLE SENIOR HOUSING 9/2/23-9/29/23 1,104.0032253911/08/202316914BOLTON & MENK, INC DODGE NATURE CENTER 9/2/23-9/29/23 2,444.0032254011/08/202316914BOLTON & MENK, INC EASTBROOKE 2ND ADDITION 9/2/23-9/29/23 1,236.5032254111/08/202316914BOLTON & MENK, INC SITE SE OF JAMAICA/95TH 9/2/23-9/29/23 1,063.5032254111/08/202316914BOLTON & MENK, INC GREY CLOUD TRAIL LIFT STATION 9/2/23-9/29/23 1,958.0032254111/08/202316914BOLTON & MENK, INC SOUTH DISTRICT STORM CHARGE 9/2/23-9/29/23 6,210.0032254111/08/202316914BOLTON & MENK, INC EAST RAVINE STORMWATER AREA 9/2/23-9/29/23 3,109.5032254111/08/202316914BOLTON & MENK, INC 6850 EAST POINT DOUGLAS RD 9/2/23-9/29/23 12,576.0032254211/08/202316914BOLTON & MENK, INC GLACIAL VALLEY PARK PH I 9/2/23-9/29/23 765.0032254311/08/202316914BOLTON & MENK, INC HAMLET PARK EXP PHASE 3 9/2/23-9/29/23 1,556.5032254411/08/202316914BOLTON & MENK, INC HAMLET POND MAINTENANCE 9/2/23-9/29/23 866.5032254511/08/202316914BOLTON & MENK, INC HARDWOOD AVE/HARDWOOD CT 9/2/23-9/29/23 2,267.5032254611/08/202316914BOLTON & MENK, INC HAWTHORNE 9/2/23-9/29/23 3,457.0032254711/08/202316914BOLTON & MENK, INC HAWTHORNE 2ND ADDITION 9/2/23-9/29/23 552.0032254811/08/202316914BOLTON & MENK, INC HEMINGWAY INDUSTRIAL 9/2/23-9/29/23 864.0032254911/08/202316914BOLTON & MENK, INC HIGH POINTE 9/2/23-9/29/23 88.5032255011/08/202316914BOLTON & MENK, INC HIGH POINTE 2ND ADDITION 9/2/23-9/29/23 306.0032255111/08/202316914BOLTON & MENK, INC HINTON WOODS 9/2/23- 9/29/23 76.5032255211/08/202316914BOLTON & MENK, INC HINTON WOODS 2ND 9/2/23- 9/29/23 2,171.0032255311/08/202316914BOLTON & MENK, INC HOHENSTEIN DISTRIBUTION 9/2/23-9/29/23 47,665.5032255411/08/202316914BOLTON & MENK, INC JAMAICA AVENUE EAST POINT 9/2/23-9/29/23 1,555.7532255511/08/202316914BOLTON & MENK, INC KWIK TRIP 95TH JAMAICA 9/2/23-9/29/23 4,667.2532255511/08/202316914BOLTON & MENK, INC KWIK TRIP 95TH JAMAICA 9/2/23-9/29/23 6,989.5032255611/08/202316914BOLTON & MENK, INC LANGDON HILLS 9/2/23- 9/29/23 2,106.5032255711/08/202316914BOLTON & MENK, INC L-P3 POND IMPROVEMENTS 9/2/23-9/29/23 1,485.0032255811/08/202316914BOLTON & MENK, INC MISSISSIPPI LANDING 9/2/23- 9/29/23 618.0032255911/08/202316914BOLTON & MENK, INC NORTHWICK PARK 9/2/23- 9/29/23 595.5032256011/08/202316914BOLTON & MENK, INC NORTHWICK PARK 2ND ADDITION 9/2/23-9/29/23 1,606.5032256111/08/202316914BOLTON & MENK, INC OFFICE HOURS 9/2/23-9/29/23 273.0032256211/08/202316914BOLTON & MENK, INC PARKVIEW POINTE FINAL ST 9/2/23-9/29/23 265.5032256311/08/202316914BOLTON & MENK, INC PILLAI BUILDERS-THE VIEWS 9/2/23-9/29/23 20,527.5032256411/08/202316914BOLTON & MENK, INC RAVINE CROSSING 9/2/23- 9/29/23 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 5 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 270.0032256511/08/202316914BOLTON & MENK, INC RAVINE MEADOWS 9/2/23- 9/29/23 2,953.0032256611/08/202316914BOLTON & MENK, INC RIVER OAKS RCUT 9/2/23- 9/29/23 982.5032256711/08/202316914BOLTON & MENK, INC RJ SCHINNER 9/2/23-9/29/23 447.0032256811/08/202316914BOLTON & MENK, INC SETTLERS BLUFF 9/2/23- 9/29/23 341.5032256911/08/202316914BOLTON & MENK, INC SHOPPES AT COTTAGE VIEW 9/2/23-9/29/23 232.5032257011/08/202316914BOLTON & MENK, INC SOUTH DISTRICT TRUNK STORM 9/2/23-9/29/23 5,726.0032257111/08/202316914BOLTON & MENK, INC SOUTHWEST ARTERIAL 9/2/23- 9/29/23 88.5032257211/08/202316914BOLTON & MENK, INC TG-P14 POND IMPROVEMENTS 9/2/23-9/29/23 1,144.5032257311/08/202316914BOLTON & MENK, INC WEBER-OPPIDAN DEVELOPMENT 9/2/23- 9/29/23 Vendor VEN31447 - BOLTON & MENK, INC Total:226,494.50 Vendor: VEN02288 - BOUND TREE MEDICAL, LLC 215.148511644411/02/202316865BOUND TREE MEDICAL, LLC EMS SUPPLIES 56.478511783811/02/202316865BOUND TREE MEDICAL, LLC EMS SUPPLIES 143.988512179511/08/202316918BOUND TREE MEDICAL, LLC EMS SUPPLIES 81.678512498711/08/202316918BOUND TREE MEDICAL, LLC EMS SUPPLIES Vendor VEN02288 - BOUND TREE MEDICAL, LLC Total:497.26 Vendor: VEN02005 - BOYER FORD TRUCKS INC 65.345P2181211/08/202316919BOYER FORD TRUCKS INC OIL FILTERS Vendor VEN02005 - BOYER FORD TRUCKS INC Total:65.34 Vendor: VEN36571 - BRAD GOULET 136.902023110211/08/2023221377BRAD GOULET REIMBURSEMENT- AWWA WATER SCHOOL - B. GOULET Vendor VEN36571 - BRAD GOULET Total:136.90 Vendor: VEN02306 - BRAUN INTERTEC CORPORATION 7,597.00B36209411/08/202316920BRAUN INTERTEC CORPORATI…100TH/105TH/IDEAL AVE IMPROVEMENTS 674.00B36209511/08/202316920BRAUN INTERTEC CORPORATI…PROFESSIONAL SERVICES - 80TH ST 6,300.00B36236511/08/202316920BRAUN INTERTEC CORPORATI…2023 PAVEMENT MANAGEMENT - THOMPSON GROVE Vendor VEN02306 - BRAUN INTERTEC CORPORATION Total:14,571.00 Vendor: VEN35273 - BREAKTHRU BEVERAGE MINNESOTA BEER LLC 415.0011281408211/08/2023221378BREAKTHRU BEVERAGE MINN…BEER FOR CLUBHOUSE Vendor VEN35273 - BREAKTHRU BEVERAGE MINNESOTA BEER LLC Total:415.00 Vendor: VEN32330 - BRET ANDERSON 36.872023102311/01/2023221301BRET ANDERSON MILEAGE REIMBURSEMENT- FLEET SCHOOL-B.ANDERSON Vendor VEN32330 - BRET ANDERSON Total:36.87 Vendor: VEN32143 - BRIAN BLUHM 3,342.622023102311/01/2023221302BRIAN BLUHM TUITION REIMBURSEMENT - B. BLUHM Vendor VEN32143 - BRIAN BLUHM Total:3,342.62 Vendor: VEN32404 - BRIAN CAMPBELL 277.022023110611/08/2023221379BRIAN CAMPBELL REIMBURSEMENT - BCA TRAFFICKING CONF - CAMPBELL 49.31202311/08/2023221379BRIAN CAMPBELL REIMBURSEMENT - HUMAN TRAFFICKING CONF - CAMPBELL Vendor VEN32404 - BRIAN CAMPBELL Total:326.33 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 6 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN03436 - C & E AUTO UPHOLSTERY 400.002628511/02/202316866C & E AUTO UPHOLSTERY RECOVER HEADLINER IN VEHICLE - 1408/36537 400.002629011/02/202316866C & E AUTO UPHOLSTERY RECOVER INTERIOR HEADLINER - 1302/36588 400.002631011/08/202316921C & E AUTO UPHOLSTERY RECOVER HEADLINER IN TRUCK CAB - 1405/36613 Vendor VEN03436 - C & E AUTO UPHOLSTERY Total:1,200.00 Vendor: VEN03001 - CALLAWAY GOLF 934.5693643446611/08/2023221380CALLAWAY GOLF PROSHOP MERCHANDISE Vendor VEN03001 - CALLAWAY GOLF Total:934.56 Vendor: VEN14448 - CAPITAL ONE TRADE CREDIT 703.165410-541001-1147111/02/202316867CAPITAL ONE TRADE CREDIT SCREWDRIVER SET/FLOOD LIGHT/UTILITY PUMP Vendor VEN14448 - CAPITAL ONE TRADE CREDIT Total:703.16 Vendor: VEN32194 - CAPSTONE HOMES, INC 5,065.002023102611/02/202316868CAPSTONE HOMES, INC REFUND ESCROW - 10261 GOODVIEW CIR S 5,065.002023110111/08/202316922CAPSTONE HOMES, INC REFUND ESCROW - 10269 GOODVIEW CIR S 5,065.0020231101-A11/08/202316922CAPSTONE HOMES, INC REFUND ESCROW - 6831 102ND ST S Vendor VEN32194 - CAPSTONE HOMES, INC Total:15,195.00 Vendor: VEN30758 - CEMSTONE PRODUCTS CO. 1,260.50729302411/02/202316869CEMSTONE PRODUCTS CO.CONCRETE/7851 HARKNESS AVE -PARKS Vendor VEN30758 - CEMSTONE PRODUCTS CO. Total:1,260.50 Vendor: VEN35388 - CENTRAL MCGOWAN INC 177.9576519511/01/2023221303CENTRAL MCGOWAN INC CO2/NITROGEN CYLINDER RENTAL Vendor VEN35388 - CENTRAL MCGOWAN INC Total:177.95 Vendor: VEN33565 - CINTAS CORPORATION NO. 2 6.13416997250911/02/202316870CINTAS CORPORATION NO. 2 FLEET UNIFORMS 28.97416997250911/02/202316870CINTAS CORPORATION NO. 2 FLEET UNIFORMS 42.85416997250911/02/202316870CINTAS CORPORATION NO. 2 FLEET UNIFORMS 6.60417068091511/02/202316870CINTAS CORPORATION NO. 2 UNIFORM -PW 35.79417068091511/02/202316870CINTAS CORPORATION NO. 2 UNIFORM -PW 28.50417068091511/02/202316870CINTAS CORPORATION NO. 2 UNIFORM -PW 321.27417092762011/02/202316870CINTAS CORPORATION NO. 2 MAT SERVICE - HERO CENTER - SEPT 2023 6.60417138269311/02/202316870CINTAS CORPORATION NO. 2 PW UNIFORM SVC 28.50417138269311/02/202316870CINTAS CORPORATION NO. 2 PW UNIFORM SVC 148.23417138269311/02/202316870CINTAS CORPORATION NO. 2 PW UNIFORM SVC 86.09417163656511/02/202316870CINTAS CORPORATION NO. 2 MAT SERVICE - CENTRAL FIRE 6.60417209630711/08/202316923CINTAS CORPORATION NO. 2 UNIFORM - PW 114.78417209630711/08/202316923CINTAS CORPORATION NO. 2 UNIFORM - PW 35.79417209630711/08/202316923CINTAS CORPORATION NO. 2 UNIFORM - PW 82.29417234859111/08/202316923CINTAS CORPORATION NO. 2 RIVER OAKS UNIFORM SVC Vendor VEN33565 - CINTAS CORPORATION NO. 2 Total:978.99 Vendor: VEN03907 - CITY OF ST PAUL 500.00IN5586111/01/2023221304CITY OF ST PAUL PDI COURSE INTERVIEW/INTERROGATION- LEMAY/FOOTE Vendor VEN03907 - CITY OF ST PAUL Total:500.00 Vendor: VEN36510 - CONNEXUS ENERGY 210.00INV000151711/01/2023221305CONNEXUS ENERGY DEMONSTRATION FOR PUBLIC WORKS OPEN HOUSE Vendor VEN36510 - CONNEXUS ENERGY Total:210.00 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 7 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN03037 - COTTAGE GROVE AREA CHAMBER OF COMMERCE 165.00778211/02/202316871COTTAGE GROVE AREA CHAM…55 YEAR CELEBRATION - BAILEY/THIEDE/LEVITT 165.00779111/02/202316871COTTAGE GROVE AREA CHAM…55 YEAR CELEBRATION - MANN/LARSON/ANDERSON Vendor VEN03037 - COTTAGE GROVE AREA CHAMBER OF COMMERCE Total:330.00 Vendor: VEN29508 - COTTAGE GROVE POLICE FEDERATION 1,815.00INV02547211/02/202316872COTTAGE GROVE POLICE FED…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN29508 - COTTAGE GROVE POLICE FEDERATION Total:1,815.00 Vendor: VEN03011 - CRYSTEEL TRUCK EQUIPMENT INC 133.48FP19281411/02/202316873CRYSTEEL TRUCK EQUIPMENT …SNOW CATCHERS … Vendor VEN03011 - CRYSTEEL TRUCK EQUIPMENT INC Total:133.48 Vendor: VEN03012 - CUB FOODS 26.4416130707298511/01/2023221306CUB FOODS MAPLE SYRUP 26.0016130707299711/01/2023221306CUB FOODS BAKERY RING 20.7616130603276711/01/2023221306CUB FOODS RICE FOR CLUBHOUSE Vendor VEN03012 - CUB FOODS Total:73.20 Vendor: VEN03013 - CULLIGAN-MILBERT COMPANY 47.55157X0193470711/08/2023221381CULLIGAN-MILBERT COMPANY 50LB SOLAR SALT 17.15157X0194700611/08/2023221381CULLIGAN-MILBERT COMPANY 50LB SOLAR SALT Vendor VEN03013 - CULLIGAN-MILBERT COMPANY Total:64.70 Vendor: VEN03305 - CUMMINS INC. 8,628.50E4-1151411/08/2023221382CUMMINS INC.EMERGENCY RPR OF MOBILE GENERATOR - 6102/36584 Vendor VEN03305 - CUMMINS INC. Total:8,628.50 Vendor: VEN03051 - CUSHMAN MOTOR COMPANY INC 888.9420886611/08/2023221383CUSHMAN MOTOR COMPANY …RIMS/STUDS/NUTS - 8409/36423 Vendor VEN03051 - CUSHMAN MOTOR COMPANY INC Total:888.94 Vendor: VEN32300 - D R HORTON 1,000.002023102311/01/2023221307D R HORTON REFUND ESCROW - 6604 HINTERLAND TRL S Vendor VEN32300 - D R HORTON Total:1,000.00 Vendor: VEN34252 - DAN ANSELMENT 229.252023102711/01/2023221308DAN ANSELMENT MILEAGE REIMBURSEMENT- MNIAI CONF- ANSELMENT Vendor VEN34252 - DAN ANSELMENT Total:229.25 Vendor: VEN26005 - DAN LARSON ENTERPRISE 1,147.0020413511/08/2023221384DAN LARSON ENTERPRISE CLEANED OUT UTILITY GENERATORS 465.0050295311/01/2023221309DAN LARSON ENTERPRISE PUMP OUT GENERATOR TANK ON SITE - 6102/36584 Vendor VEN26005 - DAN LARSON ENTERPRISE Total:1,612.00 Vendor: VEN34463 - DARTS 6,250.00SI000824311/01/2023221310DARTS DARTS BUS LOOP JUN-SEP 2023 Vendor VEN34463 - DARTS Total:6,250.00 Vendor: VEN36629 - DAVID BAUMRUCKER 60.002023103011/08/2023221385DAVID BAUMRUCKER REIMBURSEMENT- AUGER RENTAL - BAUMRUCKER Vendor VEN36629 - DAVID BAUMRUCKER Total:60.00 Vendor: VEN36613 - DAVID FULMER 200.002023103011/01/2023221311DAVID FULMER WATER EFFICIENCY REBATE - 7688 ASPEN CV S Vendor VEN36613 - DAVID FULMER Total:200.00 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 8 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN36624 - DAVID LLOYD 169.002023110311/08/2023221386DAVID LLOYD WATER EFFICIENCY REBATE - 8587 JORGENSEN AVE S Vendor VEN36624 - DAVID LLOYD Total:169.00 Vendor: VEN04163 - DELL MARKETING L.P. 89.781070102433911/01/2023221312DELL MARKETING L.P.Docking Station HD22Q 4,893.211070102433911/01/2023221312DELL MARKETING L.P.Dell Latitude 5540 laptop 332.781070102433911/01/2023221312DELL MARKETING L.P.P2422H Dell Monitors 113.371070102433911/01/2023221312DELL MARKETING L.P.Additional take home AC adapters per laptop 63.991070102433911/01/2023221312DELL MARKETING L.P.Wireless Mouse and Keyboard 278.991070221254711/08/2023221387DELL MARKETING L.P.Dell Ultrasharp U2722D 448.901070282621011/08/2023221387DELL MARKETING L.P.COMPUTER EQUIPMENT - BASE, DS, HD22Q US 130W,BB Vendor VEN04163 - DELL MARKETING L.P. Total:6,221.02 Vendor: VEN06020 - ELLIOTT AUTO SUPPLY 311.521-905407411/02/202316874ELLIOTT AUTO SUPPLY BATTERY - 2160/36540 336.881-908183111/02/202316874ELLIOTT AUTO SUPPLY BATTERIES - STOCK 700.7274-32083711/02/202316874ELLIOTT AUTO SUPPLY BATTERIES - STOCK 180.82165-02145311/02/202316874ELLIOTT AUTO SUPPLY CALIPERS - STOCK 90.801-Z3384911/02/202316874ELLIOTT AUTO SUPPLY BATTERIES - STOCK 335.541-Z3392411/02/202316874ELLIOTT AUTO SUPPLY BATTERIES - STOCK 203.3274-32168911/02/202316874ELLIOTT AUTO SUPPLY BATTERY - STOCK 7.9274-32188111/02/202316874ELLIOTT AUTO SUPPLY OIL FILTERS - STOCK 3.96159-09665511/08/202316924ELLIOTT AUTO SUPPLY OIL FILTER - STOCK 12.8774-32196511/08/202316924ELLIOTT AUTO SUPPLY AIR FILTER - 4201/36653 195.4074-32196611/08/202316924ELLIOTT AUTO SUPPLY BATTERY - STOCK Vendor VEN06020 - ELLIOTT AUTO SUPPLY Total:2,379.75 Vendor: VEN05060 - EMERGENCY AUTOMOTIVE TECHNOLOGIES INC 67.46BA101123-3011/02/202316875EMERGENCY AUTOMOTIVE TE…INSURANCE CLAIM#CA309288- FA#5027-SQUAD 21-2160-21 Vendor VEN05060 - EMERGENCY AUTOMOTIVE TECHNOLOGIES INC Total:67.46 Vendor: VEN18053 - EVEREST EMERGENCY VEHICLES, INC 275.19P0696211/08/2023221388EVEREST EMERGENCY VEHICL…COOLANTPUMP - 831/36654 Vendor VEN18053 - EVEREST EMERGENCY VEHICLES, INC Total:275.19 Vendor: VEN06001 - F JOSEPH TAYLOR, P.A. 14,867.502023110111/08/2023221389F JOSEPH TAYLOR, P.A. PROSECUTION SERVICES - OCTOBER 2023 Vendor VEN06001 - F JOSEPH TAYLOR, P.A. Total:14,867.50 Vendor: VEN06140 - FASTENAL COMPANY 456.64MNT1112335711/08/202316925FASTENAL COMPANY FLOOR DRY - PALLET OF 60 BAGS - SS100 SHOP SUPPLY 21.92MNT1112339111/08/202316925FASTENAL COMPANY ZINC COLLARS 1 INCH & 5/8 - STOCK Vendor VEN06140 - FASTENAL COMPANY Total:478.56 Vendor: VEN14433 - FERGUSON WATERWORKS #2518 53.7538349611/01/2023221313FERGUSON WATERWORKS #2…VACUUM BREAKER/SHWR VB - FM Vendor VEN14433 - FERGUSON WATERWORKS #2518 Total:53.75 Vendor: VEN31404 - FLEETPRIDE, INC 103.9111185968711/01/2023221314FLEETPRIDE, INC NPT FITTINGS - STOCK 4.4711186240711/01/2023221314FLEETPRIDE, INC HYDRAULIC ELBOW - STOCK 17.8811188687111/01/2023221314FLEETPRIDE, INC HYDRAULIC ELBOW - STOCK 194.3011173672011/08/2023221390FLEETPRIDE, INC NPT FITTINGS - STOCK 637.9611206046111/08/2023221390FLEETPRIDE, INC ON-SPOT WHEELS - STOCK 231.1811206287111/08/2023221390FLEETPRIDE, INC ON-SPOT WHEEL HELMETS - STOCK 37.0811227023111/08/2023221390FLEETPRIDE, INC NPT ENDS - RETURNED 55.6211227023211/08/2023221390FLEETPRIDE, INC NPT ENDS - RETURNED Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 9 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) -37.0811233142311/08/2023221390FLEETPRIDE, INC CREDIT - INV# 112270231 RTRN NPT ENDS -55.6211233145611/08/2023221390FLEETPRIDE, INC CREDIT - INV# 112270232 RTRN NPT ENDS Vendor VEN31404 - FLEETPRIDE, INC Total:1,189.70 Vendor: VEN06072 - FRANK ZAMORA'S CONCRETE, LLC 1,139.20185611/08/202316926FRANK ZAMORA'S CONCRETE,…CONCRETE-90TH & EPD SIDEWALKS-STREETS 1,960.00185811/02/202316876FRANK ZAMORA'S CONCRETE,…REPAIRS TO PARKING LOT - HERO CENTER Vendor VEN06072 - FRANK ZAMORA'S CONCRETE, LLC Total:3,099.20 Vendor: VEN06261 - FURY CHRYSLER JEEP 556.00517405011/08/2023221391FURY CHRYSLER JEEP BRAKE ROTORS & PAD - STOCK 52.44517406411/08/2023221391FURY CHRYSLER JEEP TIRE PRESSURE SENSOR - 831/36654 Vendor VEN06261 - FURY CHRYSLER JEEP Total:608.44 Vendor: VEN14420 - GENUINE PARTS COMPANY 4.882514-07263511/02/202316877GENUINE PARTS COMPANY BATTERY EXHAUST VENT TUBE - 2160/36546 15.352514-07279011/02/202316877GENUINE PARTS COMPANY SPARK PLUGS 108.882514-07323111/02/202316877GENUINE PARTS COMPANY MOTOR TUNE- UP/AUTOMOTIVE CHEMICALS 344.312514-07385511/02/202316877GENUINE PARTS COMPANY BRAKE PAD & ROTORS - 1502/36579 277.382514-07402211/02/202316877GENUINE PARTS COMPANY CALIPERS - 1502/36579 340.512514-07418911/02/202316877GENUINE PARTS COMPANY BRAKE PAD & ROTORS - 1503/36566 33.252514-07424611/02/202316877GENUINE PARTS COMPANY FILTERS - 6102/36584 -144.442514-07426311/02/202316877GENUINE PARTS COMPANY CREDIT - INV#2514-074022 CORE RETURNS 20.582514-07541011/02/202316877GENUINE PARTS COMPANY BRAKE QUIET SPRAY - STOCK -10.292514-07584811/02/202316877GENUINE PARTS COMPANY CREDIT - DEFECTIVE QUIET BRAKE SPRAY 7.662514-07654311/08/202316927GENUINE PARTS COMPANY EXHAUST INSULATOR - 1501/36634 7.512514-07676711/08/202316927GENUINE PARTS COMPANY STARTER FLUID - SS100 SHOP SUPPLY 101.882514-07686911/08/202316927GENUINE PARTS COMPANY ENGINE MOTOR TUNE 62.682514-07697311/08/202316927GENUINE PARTS COMPANY WEATHERSTRIP - STOCK Vendor VEN14420 - GENUINE PARTS COMPANY Total:1,170.14 Vendor: VEN07606 - GERLACH SERVICE INC. 18.706075611/08/202316928GERLACH SERVICE INC.PTO LOCK -PARKS 31.636075811/08/202316928GERLACH SERVICE INC.HAND GUARD - FORESTRY 600.006080311/08/202316928GERLACH SERVICE INC.6 FOOT ROLLER - PARKS Vendor VEN07606 - GERLACH SERVICE INC. Total:650.33 Vendor: VEN07007 - GERTENS 158.7010076/811/08/2023221392GERTENS TOPSOIL/SCREENED COMPOST -PARKS 36.95831735/611/08/2023221392GERTENS SOD STAPLE 517.50211936/1211/08/2023221392GERTENS JRK PRO ATHLETIC SEED-PARKS 305.00766275/111/08/2023221392GERTENS TREE PROTECTORS - PARKS Vendor VEN07007 - GERTENS Total:1,018.15 Vendor: VEN07079 - GLOVES, INC 519.92269498011/02/202316878GLOVES, INC WORK GLOVES-PW & PARKS 324.95269498011/02/202316878GLOVES, INC WORK GLOVES-PW & PARKS 324.95269498011/02/202316878GLOVES, INC WORK GLOVES-PW & PARKS 129.98269498011/02/202316878GLOVES, INC WORK GLOVES-PW & PARKS 64.99269498011/02/202316878GLOVES, INC WORK GLOVES-PW & PARKS Vendor VEN07079 - GLOVES, INC Total:1,364.79 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 10 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN33525 - GOLDSTAR PRODUCTS INC 441.5979027-IN11/08/2023221393GOLDSTAR PRODUCTS INC TOWEL-ALL PURPOSE WIPES- SEWER Vendor VEN33525 - GOLDSTAR PRODUCTS INC Total:441.59 Vendor: VEN34259 - GONYEA HOMES 5,495.002023110111/08/2023221394GONYEA HOMES REFUND ESCROW - 7273 61ST ST S Vendor VEN34259 - GONYEA HOMES Total:5,495.00 Vendor: VEN07043 - GOODIN COMPANY 504.442592151-0011/08/202316929GOODIN COMPANY RING GASKET/FLANGE/VALVE- WELL 10 25.602592202-0011/08/202316929GOODIN COMPANY CAP SCREWS - WELL 10 692.672592955-0011/08/202316929GOODIN COMPANY PVC/CEMENT/PRIMER - WELL 10 Vendor VEN07043 - GOODIN COMPANY Total:1,222.71 Vendor: VEN32232 - GOODYEAR COMMERCIAL TIRE & SERVICE CENTERS 1,574.00124-110964311/08/2023221395GOODYEAR COMMERCIAL TIR…TIRES - STOCK & 4204/36612 Vendor VEN32232 - GOODYEAR COMMERCIAL TIRE & SERVICE CENTERS Total:1,574.00 Vendor: VEN07015 - GRAINGER 80.52986491640911/02/202316879GRAINGER SAFETY SIGN -PARKS 31.96986596447311/02/202316879GRAINGER COIL CONNECTOR-LIFT STATION Vendor VEN07015 - GRAINGER Total:112.48 Vendor: VEN07023 - GRAPHIC DESIGN INC 818.00QB5087911/08/202316930GRAPHIC DESIGN INC INSPECTION CORRECTION NOTICES 123.00QB5088011/02/202316880GRAPHIC DESIGN INC BLDG INSPECTION APPROVED CARDS 55.00QB5088111/02/202316880GRAPHIC DESIGN INC BUSINESS CARDS - E. SCHMITZ Vendor VEN07023 - GRAPHIC DESIGN INC Total:996.00 Vendor: VEN13406 - GREAT LAKES COCA-COLA DISTRIBUTION, LLC 441.843814541202011/08/202316931GREAT LAKES COCA-COLA DIS…BEVERAGES FOR ICE ARENA 160.913824598202211/08/202316931GREAT LAKES COCA-COLA DIS…BEVERAGES FOR ICE ARENA 163.083824598202211/08/202316931GREAT LAKES COCA-COLA DIS…BEVERAGES FOR ICE ARENA Vendor VEN13406 - GREAT LAKES COCA-COLA DISTRIBUTION, LLC Total:765.83 Vendor: VEN35928 - GUARDIAN FLEET SAFETY LLC -11,000.0023086111/01/2023221315GUARDIAN FLEET SAFETY LLC TRADE-IN SQUAD 1949 15,925.9123086111/01/2023221315GUARDIAN FLEET SAFETY LLC SET-UP SQUAD 2349 4,500.0023120311/01/2023221315GUARDIAN FLEET SAFETY LLC LABOR FOR CAMERA INSTALL - 5 SQUADS Vendor VEN35928 - GUARDIAN FLEET SAFETY LLC Total:9,425.91 Vendor: VEN08001 - HAWKINS, INC 20.00660241911/01/2023221316HAWKINS, INC CHLORINE - HYDROFLUOSILICIC ACID 100.00660242011/01/2023221316HAWKINS, INC CHLORINE - HYDROFLUOSILICIC ACID Vendor VEN08001 - HAWKINS, INC Total:120.00 Vendor: VEN31756 - HEALTHPARTNERS INSTITUTE 256.68904300411/01/2023221317HEALTHPARTNERS INSTITUTE Q3 2023 SUPPLY CHARGES - PHARMACY STOCK RPT Vendor VEN31756 - HEALTHPARTNERS INSTITUTE Total:256.68 Vendor: VEN36610 - HEDBERG FENCE LLC 4,300.00110011/08/2023221396HEDBERG FENCE LLC MISSISSIPPI DUNES FENCING PROJECT Vendor VEN36610 - HEDBERG FENCE LLC Total:4,300.00 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 11 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN34302 - HELM LLC 800.00INVH2032311/02/202316881HELM LLC VCM SOFTWARE RENEWAL - 10/09/23 - 10/09/24 Vendor VEN34302 - HELM LLC Total:800.00 Vendor: VEN35474 - HOLIDAY STATIONSTORES LLC 15.007800111230011/08/2023221397HOLIDAY STATIONSTORES LLC CITY VEHICLE WASHES 09/30 - 10/31/2023 Vendor VEN35474 - HOLIDAY STATIONSTORES LLC Total:15.00 Vendor: VEN33678 - HUELIFE, LLC 4,850.00284511/01/2023221318HUELIFE, LLC INSIGHTS SESSIONS WITH TEAMS/GROUPS Vendor VEN33678 - HUELIFE, LLC Total:4,850.00 Vendor: VEN36461 - HUNDEN STRATEGIC PARTNERS INC 10,000.001209511/08/2023221398HUNDEN STRATEGIC PARTNE…2ND & FINAL PAYMENT - ARENA MARKET ANALYSIS Vendor VEN36461 - HUNDEN STRATEGIC PARTNERS INC Total:10,000.00 Vendor: VEN36352 - IN CONTROL INC 12,665.10S-INV0107111/08/2023221399IN CONTROL INC WELL 2 & 7 CONTROLS/MODIFICATIONS Vendor VEN36352 - IN CONTROL INC Total:12,665.10 Vendor: VEN09001 - INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION 739.04INV02546211/02/202316882INTERNATIONAL CITY MANAG…11/02/2023 MAYOR/COUNCIL PAYROLL 11/1-11/30/2023 2,924.22INV02546411/02/202316883INTERNATIONAL CITY MANAG…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 8,855.00INV02546511/02/202316882INTERNATIONAL CITY MANAG…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 1,347.99INV02546611/02/202316882INTERNATIONAL CITY MANAG…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 1,350.00INV02546711/02/202316882INTERNATIONAL CITY MANAG…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN09001 - INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION Total:15,216.25 Vendor: VEN09005 - INTERNATIONAL UNION OF OPERATING ENGIN. 1,435.00INV02547111/02/202316884INTERNATIONAL UNION OF O…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN09005 - INTERNATIONAL UNION OF OPERATING ENGIN. Total:1,435.00 Vendor: VEN09024 - INVER GROVE FORD 350.39640105211/08/202316932INVER GROVE FORD RECALL, BPM - 2061/36660 Vendor VEN09024 - INVER GROVE FORD Total:350.39 Vendor: VEN09255 - I-STATE TRUCK CENTER 112.91C242847948-0111/01/2023221319I-STATE TRUCK CENTER CONVEX MIRROR & HOUSING - 4007/36541 36.08C242848825-0111/08/2023221400I-STATE TRUCK CENTER HYDRAULIC ELBOW - 4008/36600 Vendor VEN09255 - I-STATE TRUCK CENTER Total:148.99 Vendor: VEN35610 - JASON JOECKEL 222.222023110211/08/2023221401JASON JOECKEL REIMBURSEMENT- 49ERS PHASE 3 - J. JOECKEL Vendor VEN35610 - JASON JOECKEL Total:222.22 Vendor: VEN11026 - JENNARI GROUP 1,487.438758411/02/202316885JENNARI GROUP RPL DRAG LINKS,STEERING SHAFT,ALIGNMNT-1504/36548 736.838763411/08/202316933JENNARI GROUP RPL TRAC BAR BALL JNT & DRAG LINK-1505/36573 1,471.448764411/08/202316933JENNARI GROUP PM SERVICE, DOT INSPECTION - 2601/36610 7,597.318769311/08/202316933JENNARI GROUP DOT, FRNT SPRINGS, REAR SPRINGS - 4001/36614 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 12 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 1,898.158772211/08/202316933JENNARI GROUP RPL STEERING GEAR, RPL WATER PUMP - 1505/36604 Vendor VEN11026 - JENNARI GROUP Total:13,191.16 Vendor: VEN36546 - JHB GROUP INC 114.00317111/08/2023221402JHB GROUP INC SHEAR PINS 15,119.25317111/08/2023221402JHB GROUP INC FIRE EXTINGUISHER SIMULATOR Vendor VEN36546 - JHB GROUP INC Total:15,233.25 Vendor: VEN30799 - JIM BURTON 73.092023110211/08/2023221403JIM BURTON REIMBURSEMENT - AWWA WATER SCHOOL - J. BURTON Vendor VEN30799 - JIM BURTON Total:73.09 Vendor: VEN35541 - JIM PAVEK 100.382023101611/01/2023221320JIM PAVEK REIMBURSEMENT-FLEET SCHOOL- J. PAVEK Vendor VEN35541 - JIM PAVEK Total:100.38 Vendor: VEN10068 - JOHNSON BROTHERS LIQUOR CO. 303.14240029011/01/2023221321JOHNSON BROTHERS LIQUOR …ALCOHOL FOR CLUBHOUSE 588.89240485811/08/2023221404JOHNSON BROTHERS LIQUOR …ALCOHOL FOR CLUBHOUSE Vendor VEN10068 - JOHNSON BROTHERS LIQUOR CO. Total:892.03 Vendor: VEN35611 - JOSH JAWORSKI 211.402023110211/08/2023221405JOSH JAWORSKI REIMBURSEMENT- 49ERS PHASE 3 - J. JAWORSKI Vendor VEN35611 - JOSH JAWORSKI Total:211.40 Vendor: VEN36407 - KAP EDUCATION INC 112.001556211/01/2023221322KAP EDUCATION INC PLATES- MILLS/KHAMBATA/OLSEN/DEN NIS/BAILEY /THIEDE Vendor VEN36407 - KAP EDUCATION INC Total:112.00 Vendor: VEN34290 - KEVIN J ROTTY 2,100.002023110211/08/2023221406KEVIN J ROTTY SWEET KEYS DUELING PIANOS PERFORMANCE- RIVER OAKS Vendor VEN34290 - KEVIN J ROTTY Total:2,100.00 Vendor: VEN35885 - KILLMER ELECTRIC CO INC 2,420.37W2150611/08/2023221407KILLMER ELECTRIC CO INC ELECTRICAL REPAIRS - ICE ARENA OUTDOOR LIGHTS Vendor VEN35885 - KILLMER ELECTRIC CO INC Total:2,420.37 Vendor: VEN11211 - KIRVIDA FIRE 2,495.341188811/08/2023221408KIRVIDA FIRE RPL VALVE,O/S LABOR - 3135/36659 Vendor VEN11211 - KIRVIDA FIRE Total:2,495.34 Vendor: VEN31717 - KRAFT CONTRACTING & MECHANICAL LLC 850.423203711/02/202316886KRAFT CONTRACTING & MEC…RPL STARTER ON BOILER B2 - CITY HALL 767.253214611/08/202316934KRAFT CONTRACTING & MEC…RPL CONTACTOR ON CONDENSER# 2 - CITY HALL Vendor VEN31717 - KRAFT CONTRACTING & MECHANICAL LLC Total:1,617.67 Vendor: VEN31389 - LAW ENFORCEMENT LABOR SERVICES, INC 472.50INV02547311/02/202316887LAW ENFORCEMENT LABOR S…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN31389 - LAW ENFORCEMENT LABOR SERVICES, INC Total:472.50 Vendor: VEN12341 - LAWSON PRODUCTS, INC 259.72931098646711/01/2023221323LAWSON PRODUCTS, INC SCREWS, WASHERS - SS100 SHOP SUPPLIES 128.66931100142911/08/2023221409LAWSON PRODUCTS, INC SCREWS,STEEL COLLAR,BLK PAINT - STOCK 75.22931100143011/08/2023221409LAWSON PRODUCTS, INC FITTING - STOCK 150.44931100143111/08/2023221409LAWSON PRODUCTS, INC FITTING - STOCK Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 13 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 211.98931101580411/08/2023221409LAWSON PRODUCTS, INC HEX CAP SCREW, FITTINGS - STOCK Vendor VEN12341 - LAWSON PRODUCTS, INC Total:826.02 Vendor: VEN12370 - LEAGUE OF MINNESOTA CITIES INS TRUST 2,890.00857711/08/2023221410LEAGUE OF MINNESOTA CITIE…CLAIM# LMC GL310931 - MOWER CAUSED DAMAGE TO FENCE Vendor VEN12370 - LEAGUE OF MINNESOTA CITIES INS TRUST Total:2,890.00 Vendor: VEN35184 - LISA JEURISSEN 50.002023102311/01/2023221324LISA JEURISSEN REIMBURSEMENT - WORK BOOTS - L. JEURISSEN Vendor VEN35184 - LISA JEURISSEN Total:50.00 Vendor: VEN35668 - LRS PORTABLES LLC 60.00MP23676311/01/2023221325LRS PORTABLES LLC TOILET RENTAL - OAKWOOD PARK 60.00MP23676411/01/2023221325LRS PORTABLES LLC TOILET RENTAL - DOG PARK 425.00MP23676611/01/2023221325LRS PORTABLES LLC TOILET RENTAL-HAMLET PARK 150.00MP23676611/01/2023221325LRS PORTABLES LLC TOILET RENTAL-HAMLET PARK 125.00MP23676711/01/2023221325LRS PORTABLES LLC TOILET RENTAL - HIGHLANDS PARK 60.00MP23676811/01/2023221325LRS PORTABLES LLC TOILET RENTAL - KINGSTON 171.61MP23676911/01/2023221325LRS PORTABLES LLC TOILET RENTAL - WOODRIDGE 60.00MP23677011/01/2023221325LRS PORTABLES LLC TOILET RENTAL-GREY CLOUD ISLAND 53.57MP23677111/01/2023221325LRS PORTABLES LLC TOILET RENTAL - PINE GLEN 38.57MP23677211/01/2023221325LRS PORTABLES LLC TOILET RENTAL - BELDEN PARK 60.00MP23677311/01/2023221325LRS PORTABLES LLC TOILET RENTAL - HEARTHSIDE 98.57MP23677411/01/2023221325LRS PORTABLES LLC TOILET RENTAL - WEST DRAW 53.57MP23677511/01/2023221325LRS PORTABLES LLC TOILET RENTAL - PETER THOMPSON 60.00MP23677611/01/2023221325LRS PORTABLES LLC TOILET RENTAL - PINE TREE VALLEY 165.18MP23677711/01/2023221325LRS PORTABLES LLC TOILET RENTAL - GREY CLOUD ELEM 185.00MP23677811/01/2023221325LRS PORTABLES LLC TOILET RENTAL - GREY CLOUD MS 120.00MP23677911/01/2023221325LRS PORTABLES LLC TOILET RENTAL - LAMAR 38.57MP23678011/01/2023221325LRS PORTABLES LLC TOILET RENTAL - OLD COTTAGE GROVE 53.57MP23678111/01/2023221325LRS PORTABLES LLC TOILET RENTAL - ARBOR MEADOWS 53.57MP23678211/01/2023221325LRS PORTABLES LLC TOILET RENTAL - PINE COULEE 60.00MP23678311/01/2023221325LRS PORTABLES LLC TOILET RENTAL - PW 120.00MP23678411/08/2023221411LRS PORTABLES LLC TOILET RENTAL - PINE TREE POND 60.00MP23678511/01/2023221325LRS PORTABLES LLC TOILET RENTAL - GRANADA PARK 305.00MP23678611/01/2023221325LRS PORTABLES LLC TOILET RENTAL - KINGSTON PARK 60.00MP23678711/01/2023221325LRS PORTABLES LLC TOILET RENTAL - HIGHLANDS PARK 60.00MP23678911/01/2023221325LRS PORTABLES LLC TOILET RENTAL - ARMSTRONG 120.00MP23676511/01/2023221325LRS PORTABLES LLC TOILET RENTAL - RIVER OAKS Vendor VEN35668 - LRS PORTABLES LLC Total:2,876.78 Vendor: VEN35101 - M/I HOMES 1,000.002023102311/01/2023221328M/I HOMES REFUND ESCROW - 6685 JODY AVE S 1,000.0020231023-A11/01/2023221328M/I HOMES REFUND ESCROW - 6645 JODY AVE S Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 14 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 1,000.0020231023-B11/01/2023221328M/I HOMES REFUND ESCROW - 6534 JODY AVE S Vendor VEN35101 - M/I HOMES Total:3,000.00 Vendor: VEN13422 - MACQUEEN EQUIPMENT INC 7,028.63W1262411/02/202316888MACQUEEN EQUIPMENT INC PM,RPL DOOR STRUT&PIVOT PTS - 8402/36601 Vendor VEN13422 - MACQUEEN EQUIPMENT INC Total:7,028.63 Vendor: VEN32230 - MANSFIELD OIL COMPANY 2,175.102463473111/02/202316889MANSFIELD OIL COMPANY 623 UNLEADED GASOLINE 4,572.272472352111/08/202316935MANSFIELD OIL COMPANY 1,598 GAL UNLEADED GASOLINE 4,533.962472357011/08/202316935MANSFIELD OIL COMPANY 1,299 GAL DYED DIESEL 516.992472359111/08/202316935MANSFIELD OIL COMPANY 150 GAL DYED DIESEL 2,438.762472360711/08/202316935MANSFIELD OIL COMPANY 899 GAL UNLEADED GASOLINE Vendor VEN32230 - MANSFIELD OIL COMPANY Total:14,237.08 Vendor: VEN13494 - MARCO HOLDINGS, LLC 3,312.00INV1177453311/02/202316890MARCO HOLDINGS, LLC HPE CARE SUPPORT RENEWAL - 11/1/23-10/31/ 24 Vendor VEN13494 - MARCO HOLDINGS, LLC Total:3,312.00 Vendor: VEN36618 - MARK C LINNEMANN 1,753.907819911/01/2023221329MARK C LINNEMANN MERCHANTS BANK IRRIGATION REPAIR - EPD & JAMAICA 8,735.007828111/01/2023221329MARK C LINNEMANN ALDI IRRIGATION REPAIR - EPD & JAMAICA Vendor VEN36618 - MARK C LINNEMANN Total:10,488.90 Vendor: VEN13410 - MENARDS 63.438034511/08/202316936MENARDS COUPLINGS & TAPE - WATER 17.408041811/02/202316891MENARDS HYDRANT SCREWS 62.638046811/08/202316936MENARDS CANDY FOR FIRE OPEN HOUSE 11.988049711/08/202316936MENARDS HDMI CABLE 4.4880536-202311/08/202316936MENARDS 2x4 - Parks 136.8780672-202311/08/202316936MENARDS HAND TOOLS/HOSE HANGERS/RAINX SILICONE 151.408083911/02/202316891MENARDS PLYWOOD FOR SHELF 6.9980847-202311/02/202316891MENARDS BRONZE SEALANT - PW 109.968085411/02/202316891MENARDS WINDOW SHADES - CITY HALL 61.298089711/02/202316891MENARDS MOPS/WIPES/PINESOL - PARKS 107.838090611/02/202316891MENARDS FOOD - LIVE BURN TRAINING 40.608099011/02/202316891MENARDS ELBOW/FLIPPER/GUTTER SCREWS/DOWNSPOUTS- WELL 7 9.118099111/02/202316891MENARDS TILT & DRAIN -WELL 7 32.908099211/08/202316936MENARDS ANTI-FREEZE 24.928099411/02/202316891MENARDS AIR FILTERS - PW 55.348101611/02/202316891MENARDS SAW BLADES/WASHERS-WELL 10 43.5481025911/08/202316936MENARDS GORILLA TAPE/DUCT TAPE/HEAVY DUTY BAGS 4.498105611/08/202316936MENARDS ROOF CEMENT - CENTRAL FIRE 6.998106611/02/202316891MENARDS POLYURETHANE SEALANT- CENTRAL FIRE 51.908107911/02/202316891MENARDS GAS CAN/CLEANING WIPES 14.768110711/02/202316891MENARDS TOWELS - SHOP SUPPLIES 11.698111011/08/202316936MENARDS COUPLING/BUSHING/PVC TEE PIPE 28.888115111/08/202316936MENARDS DRYER SHEETS/TOILET BOWL CLEANER/DISH WASH 10.998119811/08/202316936MENARDS HACKSAW - PARKS 38.978120011/08/202316936MENARDS ICE MELT - HERO 42.948121511/08/202316936MENARDS HEX WASHERS/TAPE/PIPE -ICE ARENA Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 15 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 15.598131411/08/202316936MENARDS SIMPLE GREEN/ANTIFREEZE - PARKS 15.908132011/08/202316936MENARDS WELL NUTS - 4104/36617 94.908137711/08/202316936MENARDS TARP/DRIVEWAY MARKER/WORK GLOVES 98.358138011/08/202316936MENARDS PAILS/BUCKET/SHOVEL - WATER 69.928143111/08/202316936MENARDS SNOW MELT / MOP HEAD 149.208143511/08/202316936MENARDS IRRIGATION REPLACEMENT PROJECT 99.608143611/08/202316936MENARDS PROPANE TNK EXCHANGE Vendor VEN13410 - MENARDS Total:1,695.74 Vendor: VEN13461 - METRO SALES INCORPORATED 1,064.65INV238833111/08/202316938METRO SALES INCORPORATED PSCH RICOH COPIER USAGE - 09/04 - 10/03/2023 642.61INV238833111/08/202316938METRO SALES INCORPORATED PD RICOH COPIER USAGE - 09/04 - 10/03/2023 218.50INV238833111/08/202316938METRO SALES INCORPORATED FIRE RICOH COPIER USAGE - 09/04 - 10/03/2023 718.42INV238833111/08/202316938METRO SALES INCORPORATED PW RICOH COPIER USAGE - 09/04 - 10/03/2023 99.94INV238833111/08/202316938METRO SALES INCORPORATED REC RICOH COPIER USAGE - 09/04 - 10/03/2023 99.95INV238833111/08/202316938METRO SALES INCORPORATED ICE RICOH COPIER USAGE - 09/04 - 10/03/2023 65.31INV238833111/08/202316938METRO SALES INCORPORATED GOLF RICOH COPIER USAGE - 09/04 - 10/03/2023 169.24INV238833111/08/202316938METRO SALES INCORPORATED GOLF RICOH COPIER USAGE - 09/04 - 10/03/2023 273.05INV238833111/08/202316938METRO SALES INCORPORATED HERO CENTER RICOH COPIER USAGE - 09/04 - 10/03/23 Vendor VEN13461 - METRO SALES INCORPORATED Total:3,351.67 Vendor: VEN35563 - MEYER CONTRACTING INC 515,052.682023110811/08/202316904MEYER CONTRACTING INC PYMT 7 - EPD & JAMAICA AVE Vendor VEN35563 - MEYER CONTRACTING INC Total:515,052.68 Vendor: VEN13429 - MEYER SEWER SERVICE 275.001224911/08/2023221412MEYER SEWER SERVICE PUMPED MAINT BLDG HOLDING TANK Vendor VEN13429 - MEYER SEWER SERVICE Total:275.00 Vendor: VEN36383 - MICHAEL CARLSON 200.002023103111/08/2023221413MICHAEL CARLSON WATER EFFICIENCY REBATE - 7149 JOPLIN AVE S Vendor VEN36383 - MICHAEL CARLSON Total:200.00 Vendor: VEN36617 - MICHAEL HENNESSY 1.002023102011/01/2023221330MICHAEL HENNESSY REFUND MECHANICAL PERMIT #2023-025173 55.002023102011/01/2023221330MICHAEL HENNESSY REFUND MECHANICAL PERMIT #2023-025173 Vendor VEN36617 - MICHAEL HENNESSY Total:56.00 Vendor: VEN36467 - MID-AMERICA GOLF AND LANDSCAPE INC 710,243.752023110811/08/2023221369MID-AMERICA GOLF AND LA…PYMT 3 - GOLF COURSE IRRIGATION Vendor VEN36467 - MID-AMERICA GOLF AND LANDSCAPE INC Total:710,243.75 Vendor: VEN31496 - MIDWAY FORD 2,329.9460984611/01/2023221331MIDWAY FORD PM, TIRE ROTATION, RPL COOLANT PUMP - 1756/36577 449.9661053911/08/2023221414MIDWAY FORD PM, TIRE ROTATION, RECALL - 5004/36608 Vendor VEN31496 - MIDWAY FORD Total:2,779.90 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 16 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN35490 - MIDWEST WASH SYSTEMS LLC 634.911884511/08/202316939MIDWEST WASH SYSTEMS LLC CAR WASH Vendor VEN35490 - MIDWEST WASH SYSTEMS LLC Total:634.91 Vendor: VEN35607 - MIKE SCHWERY 232.922023110211/08/2023221415MIKE SCHWERY REIMBURSEMENT- 49ERS PHASE 3 -M. SCHWERY Vendor VEN35607 - MIKE SCHWERY Total:232.92 Vendor: VEN33362 - MILBANK WINWATER WORKS 59,346.00184044-0311/08/2023221416MILBANK WINWATER WORKS RADIO READERS FOR METERS Vendor VEN33362 - MILBANK WINWATER WORKS Total:59,346.00 Vendor: VEN33770 - MILLE LACS CORPORATE VENTURES 99.00689311/08/2023221417MILLE LACS CORPORATE VEN…49ER TRAINING LODGING - LUBICH 594.00713311/08/2023221417MILLE LACS CORPORATE VEN…49ER TRAIN-LODGING- KORPI,KREUSE,NORGARD,QUI NN,ZAHN 297.00713311/08/2023221417MILLE LACS CORPORATE VEN…49ER TRAIN-LODGING- KORPI,KREUSE,NORGARD,QUI NN,ZAHN 297.00713311/08/2023221417MILLE LACS CORPORATE VEN…49ER TRAIN-LODGING- KORPI,KREUSE,NORGARD,QUI NN,ZAHN 297.00713311/08/2023221417MILLE LACS CORPORATE VEN…49ER TRAIN-LODGING- KORPI,KREUSE,NORGARD,QUI NN,ZAHN Vendor VEN33770 - MILLE LACS CORPORATE VENTURES Total:1,584.00 Vendor: VEN31822 - MILLERBERND HOLDING COMPANY INC 814.0018063611/01/2023221332MILLERBERND HOLDING COM…LIGHT POLE PARTS - Vendor VEN31822 - MILLERBERND HOLDING COMPANY INC Total:814.00 Vendor: VEN34893 - MINNEAPOLIS SAW CO INC 537.9516991311/01/2023221333MINNEAPOLIS SAW CO INC CLIMBING ROPE/WEIGHT/PANTS -PARKS Vendor VEN34893 - MINNEAPOLIS SAW CO INC Total:537.95 Vendor: VEN35690 - MINNESOTA AG POWER INC 161.66909748311/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPLACEMENT 28.75909748311/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPLACEMENT 145.95955240411/08/202316940MINNESOTA AG POWER INC PARTS FOR JOHN DEERE -172.51955241211/08/202316940MINNESOTA AG POWER INC PART RETURN 28.75910983111/08/202316940MINNESOTA AG POWER INC TIRES FOR JOHN DEERE 161.66910983111/08/202316940MINNESOTA AG POWER INC TIRES FOR JOHN DEERE 63.50957452711/08/202316940MINNESOTA AG POWER INC TIRE REPLACEMENT 36.15957452711/08/202316940MINNESOTA AG POWER INC TIRE REPLACEMENT 4.29913495111/08/202316940MINNESOTA AG POWER INC DRAIN VALVE 52.56969150911/08/202316940MINNESOTA AG POWER INC SERVICE ON JOHN DEERE 32.92972091811/08/202316940MINNESOTA AG POWER INC TORSION SPRING 28.75929509611/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPLACEMENT 140.46929509611/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPLACEMENT 73.94974126011/08/202316940MINNESOTA AG POWER INC BATTERY CABLE 28.30931079111/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPAIR 31.75931079111/08/202316940MINNESOTA AG POWER INC JOHN DEERE TIRE REPAIR 406.32976079011/08/202316940MINNESOTA AG POWER INC TIRE REPLACEMENT 200.00976079011/08/202316940MINNESOTA AG POWER INC TIRE REPLACEMENT 80.0097872111/08/202316940MINNESOTA AG POWER INC TIRE / TIRE VALVE 171.9797872111/08/202316940MINNESOTA AG POWER INC TIRE / TIRE VALVE 165.51980364711/02/202316892MINNESOTA AG POWER INC NEBO HEADLIGHT/20' BAR Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 17 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 648.33980581511/02/202316892MINNESOTA AG POWER INC OIL FILTER,RIVETS,FUEL FILTER,BOLTS-8509/36583 273.63980738811/02/202316892MINNESOTA AG POWER INC BATTERY - 8509/36583 & 8505/36589 158.18980832211/02/202316892MINNESOTA AG POWER INC PLATE - 8509/36583 844.72981008111/02/202316892MINNESOTA AG POWER INC BRUSH - 8509/36583 456.33981251811/08/202316940MINNESOTA AG POWER INC TIRE REPLACEMENT -37.13983613011/08/202316940MINNESOTA AG POWER INC CREDIT - INV# 9805815 RTRN OIL FILTER -107.44983613111/08/202316940MINNESOTA AG POWER INC CREDIT - INV# 9825877 RTRN AIR FILTERS Vendor VEN35690 - MINNESOTA AG POWER INC Total:4,107.30 Vendor: VEN30384 - MINNESOTA GLOVE INC 89.9934326711/01/2023221334MINNESOTA GLOVE INC UNIFORM - OMTVEDT 109.9934339111/08/2023221418MINNESOTA GLOVE INC UNIFORM - JOECKEL Vendor VEN30384 - MINNESOTA GLOVE INC Total:199.98 Vendor: VEN13473 - MN CHILD SUPPORT CENTER 36.91INV02547511/01/2023221335MN CHILD SUPPORT CENTER 11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN13473 - MN CHILD SUPPORT CENTER Total:36.91 Vendor: VEN03446 - MN DEPT OF TRANSPORTATION 724.41P0001774711/08/2023221419MN DEPT OF TRANSPORTATI…EPD & JAMAICA - CONCRETE PLANT INSPECTIONS 1,227.70P0001774711/08/2023221419MN DEPT OF TRANSPORTATI…EPD & JAMAICA - TESTING & INSPECTION 191.03P0001774711/08/2023221419MN DEPT OF TRANSPORTATI…105/100TH/IDEAL- NORTHPOINT - BITUMINOUS INSPECTION Vendor VEN03446 - MN DEPT OF TRANSPORTATION Total:2,143.14 Vendor: VEN29281 - MN PETROLEUM SERVICE 670.0013343511/01/2023221336MN PETROLEUM SERVICE NOZZLES,BRKAWAYS,E-SEAL - PARTS FOR FUEL PUMPS 1,010.0013355711/08/2023221420MN PETROLEUM SERVICE PUMP#4 MAINTENANCE SERVICE - FUEL PUMPS Vendor VEN29281 - MN PETROLEUM SERVICE Total:1,680.00 Vendor: VEN13457 - MOBILE HEALTH SERVICES, LLC 775.004430111/08/2023221421MOBILE HEALTH SERVICES, LLC ANNUAL HEARING TEST/OSHA TRAINING/VISION SCREENING Vendor VEN13457 - MOBILE HEALTH SERVICES, LLC Total:775.00 Vendor: VEN33184 - MOR GOLF AND UTILITY, INC 20.144249011/02/202316893MOR GOLF AND UTILITY, INC SCREEN BLOWER HOUSING/GASKETS/O-RINGS Vendor VEN33184 - MOR GOLF AND UTILITY, INC Total:20.14 Vendor: VEN13930 - MOTOROLA SOLUTIONS, INC 5,261.02141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 5,880.49141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 5,880.49141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 5,880.49141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 5,880.51141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 50,000.00141103084911/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION 5,880.49828172701711/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 18 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 619.47828172701711/08/2023221422MOTOROLA SOLUTIONS, INC HARDWARE, ACCESSORIES, IMPLEMENTATION Vendor VEN13930 - MOTOROLA SOLUTIONS, INC Total:85,282.96 Vendor: VEN13463 - MTI DISTRIBUTING CO. 1,703.051407592-0011/08/202316942MTI DISTRIBUTING CO.O/S LABOR,DIRECTIONAL VALVE - 8511/36602 Vendor VEN13463 - MTI DISTRIBUTING CO. Total:1,703.05 Vendor: VEN35570 - MYRON DANIEL RUSSELL JR 2,231.502023101511/08/2023221423MYRON DANIEL RUSSELL JR NORTH POINT ADVERTISING MATERIAL 1,600.002023102311/01/2023221337MYRON DANIEL RUSSELL JR RINK BOARDS CLEANING Vendor VEN35570 - MYRON DANIEL RUSSELL JR Total:3,831.50 Vendor: VEN36533 - NATIONAL VENT SYSTEMS INC 1,389.38127511/01/2023221338NATIONAL VENT SYSTEMS INC RIVER OAKS CLUBHOUSE HOOD CLEANING Vendor VEN36533 - NATIONAL VENT SYSTEMS INC Total:1,389.38 Vendor: VEN14443 - NCPERS MINNESOTA - 403800 352.0040380011202311/02/202316894NCPERS MINNESOTA - 403800 LIFE INSURANCE PREMIUM- NOVEMBER 2023 Vendor VEN14443 - NCPERS MINNESOTA - 403800 Total:352.00 Vendor: VEN30843 - NICK ARRIGONI 97.632023110211/08/2023221424NICK ARRIGONI REIMBURSEMENT - MEAL FOR DEPT TRAINING -ARRIGONI Vendor VEN30843 - NICK ARRIGONI Total:97.63 Vendor: VEN36615 - NORCUTT HOMES INC 5,495.002023102311/01/2023221339NORCUTT HOMES INC RETURN ESCROW - 9536 63RD ST S Vendor VEN36615 - NORCUTT HOMES INC Total:5,495.00 Vendor: VEN34255 - NORTHERN LINES CONTRACTING, INC 193,419.672023110811/08/2023221370NORTHERN LINES CONTRACTI…PYMT 7-SOUTH DISTRICT STREETS UTILITY IMPROVEMENTS Vendor VEN34255 - NORTHERN LINES CONTRACTING, INC Total:193,419.67 Vendor: VEN36005 - NORTHSTAR INTERNATIONAL TRUCKS 123.122P3188311/01/2023221340NORTHSTAR INTERNATIONAL …LAMP ASSEMBLY - 6003/36578 Vendor VEN36005 - NORTHSTAR INTERNATIONAL TRUCKS Total:123.12 Vendor: VEN15402 - OFFICE OF MN IT SERVICES 57.75W2309056611/01/2023221341OFFICE OF MN IT SERVICES VOICE SERVICES - SEPTEMBER 2023 Vendor VEN15402 - OFFICE OF MN IT SERVICES Total:57.75 Vendor: VEN30439 - O'REILLY AUTO PARTS 119.113266-10783811/01/2023221342O'REILLY AUTO PARTS OIL SUPPLIES FOR ZAMBONI 13.043266-10853511/08/2023221425O'REILLY AUTO PARTS OIL FILTER, BRAKE FLUID - STOCK & SS100 124.953266-10855511/08/2023221425O'REILLY AUTO PARTS SHELL OIL - STOCK Vendor VEN30439 - O'REILLY AUTO PARTS Total:257.10 Vendor: VEN33593 - PARMAN ENERGY GROUP 138.66171313-IN11/08/202316943PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK 138.67171313-IN11/08/202316943PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK 138.67171313-IN11/08/202316943PARMAN ENERGY GROUP DEF FLUID FOR BULK TANK Vendor VEN33593 - PARMAN ENERGY GROUP Total:416.00 Vendor: VEN36521 - PAT'S OFFROAD INC 100.00OW 18110111/01/2023221343PAT'S OFFROAD INC DRUM USED FILTERS Vendor VEN36521 - PAT'S OFFROAD INC Total:100.00 Vendor: VEN35773 - PERFORMANCE FOOD GROUP INC 2,083.9573745211/08/2023221426PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 215.3474976311/08/2023221426PERFORMANCE FOOD GROUP …SUPPLIES FOR CLUBHOUSE Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 19 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 1,109.6974976311/08/2023221426PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 141.7575709711/08/2023221426PERFORMANCE FOOD GROUP …MOP HANDLE/SUPPLIES FOR CLUBHOUSE 44.3876697811/01/2023221344PERFORMANCE FOOD GROUP …FOOD PAPER FOR CLUBHOUSE 923.4676697811/01/2023221344PERFORMANCE FOOD GROUP …DRYGOODS, FOOD FOR CLUBHOUSE 1,549.5176938111/01/2023221344PERFORMANCE FOOD GROUP …PORCELAIN PLATES 106.7776697911/01/2023221344PERFORMANCE FOOD GROUP …GLOVES/FOAM CONTAINER FOR CLUBHOUSE 2,220.9276697911/01/2023221344PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 1,602.1077460811/08/2023221426PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 148.4877460811/08/2023221426PERFORMANCE FOOD GROUP …JUICE FOR CLUBHOUSE 392.7977806111/08/2023221426PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 218.9078015211/08/2023221426PERFORMANCE FOOD GROUP …DRYGOODS FOR CLUBHOUSE 1,048.1178015211/08/2023221426PERFORMANCE FOOD GROUP …FOOD FOR CLUBHOUSE 87.5578110311/08/2023221426PERFORMANCE FOOD GROUP …CHICKEN BREAST 238.7878184311/08/2023221426PERFORMANCE FOOD GROUP …PLATES Vendor VEN35773 - PERFORMANCE FOOD GROUP INC Total:12,132.48 Vendor: VEN36611 - PILLAI BUILDERS LLC 180,914.692023102611/01/2023221345PILLAI BUILDERS LLC SITE IMPROVEMENT ESCROW REDUCTION-PILLAI 32,325.0020231026-A11/01/2023221345PILLAI BUILDERS LLC GRADING ESCROW REDUCTION-PILLAI Vendor VEN36611 - PILLAI BUILDERS LLC Total:213,239.69 Vendor: VEN16192 - PLUNKETT'S PEST CONTROL, INC 325.00826161111/08/2023221428PLUNKETT'S PEST CONTROL, I…OCT FALL INVADERS - HERO CENTER 90.00826161211/08/2023221428PLUNKETT'S PEST CONTROL, I…OCT GENERAL PEST CONTROL - HERO CENTER Vendor VEN16192 - PLUNKETT'S PEST CONTROL, INC Total:415.00 Vendor: VEN34421 - POMP'S TIRE SERVICE INC 112.00235000245711/01/2023221346POMP'S TIRE SERVICE INC 2 TIRES - 6001/36543 Vendor VEN34421 - POMP'S TIRE SERVICE INC Total:112.00 Vendor: VEN33130 - PREMIER LIGHTING INC 519.956489211/01/2023221347PREMIER LIGHTING INC ENERGY SAVING LIGHT SYSTEM/BULBS - SHOWER ROOM Vendor VEN33130 - PREMIER LIGHTING INC Total:519.95 Vendor: VEN16138 - PUBLIC EMPLOYEES RETIREMENT ASSOCIATION 468.18INV02546111/02/202316895PUBLIC EMPLOYEES RETIREM…10/27/2023 BIWEEKLY PAYROLL 10/09-10/25/2023 1,773.2017399711/08/202316944PUBLIC EMPLOYEES RETIREM…OMITTED DEDUCTION 183.88INV02546311/02/202316895PUBLIC EMPLOYEES RETIREM…11/02/2023 MAYOR/COUNCIL PAYROLL 11/1-11/30/2023 51,396.00INV02547611/02/202316895PUBLIC EMPLOYEES RETIREM…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 72,223.52INV02547711/02/202316895PUBLIC EMPLOYEES RETIREM…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN16138 - PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Total:126,044.78 Vendor: VEN34889 - PULTE HOMES OF MN LLC 5,495.002023102311/01/2023221348PULTE HOMES OF MN LLC REFUND ESCROW - 6291 GRAITON AVE S Vendor VEN34889 - PULTE HOMES OF MN LLC Total:5,495.00 Vendor: VEN35706 - PURE TAP INC 114.00PT-3726511/01/2023221349PURE TAP INC DRAUGHT LINE CLEANING Vendor VEN35706 - PURE TAP INC Total:114.00 Vendor: VEN17336 - QUALITY PROPANE, INC 136.75480268611/02/202316896QUALITY PROPANE, INC BULK CYL Vendor VEN17336 - QUALITY PROPANE, INC Total:136.75 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 20 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN18051 - R & R SPECIALTIES OF WISCONSIN, INC 65.0080198-IN11/08/202316945R & R SPECIALTIES OF WISCO…BLADE SHARPENING Vendor VEN18051 - R & R SPECIALTIES OF WISCONSIN, INC Total:65.00 Vendor: VEN34950 - REACH SPORTS MARKETING GROUP INC 350.009099211/08/202316946REACH SPORTS MARKETING G…PLAYER LICENSE RENEWAL - 12/01/2023 - 11/30/2024 Vendor VEN34950 - REACH SPORTS MARKETING GROUP INC Total:350.00 Vendor: VEN36612 - REBECCA MCDONALD 300.002023103011/01/2023221350REBECCA MCDONALD WATER EFFICIENCY REBATE - 6799 PINE CREST TRL S Vendor VEN36612 - REBECCA MCDONALD Total:300.00 Vendor: VEN31056 - REGENTS OF THE UNIVERSITY OF MINNESOTA 375.00211001226211/08/2023221429REGENTS OF THE UNIVERSITY…LEADERSHIP CLASS- STREETS 75.00211001226211/08/2023221429REGENTS OF THE UNIVERSITY…LEADERSHIP CLASS- STREETS 75.00211001226211/08/2023221429REGENTS OF THE UNIVERSITY…LEADERSHIP CLASS- STREETS 75.00211001226811/08/2023221429REGENTS OF THE UNIVERSITY…LEADERSHIP CLASS - MEJIA Vendor VEN31056 - REGENTS OF THE UNIVERSITY OF MINNESOTA Total:600.00 Vendor: VEN35788 - RELIABLE DRUG & ALCOHOL INC 50.00554811/08/2023221430RELIABLE DRUG & ALCOHOL I…WALK-IN DRUG TEST 50.00554811/08/2023221430RELIABLE DRUG & ALCOHOL I…WALK-IN DRUG TEST 50.00554811/08/2023221430RELIABLE DRUG & ALCOHOL I…WALK-IN DRUG TEST Vendor VEN35788 - RELIABLE DRUG & ALCOHOL INC Total:150.00 Vendor: VEN36625 - RICHARD JOSSART 200.002023110311/08/2023221431RICHARD JOSSART WATER EFFICIENCY REBATE - 8045 64TH ST S Vendor VEN36625 - RICHARD JOSSART Total:200.00 Vendor: VEN13923 - RICHARD MOEN 86.722023110211/08/2023221432RICHARD MOEN REIMBURSEMENT- AWWA WATER SCHOOL - R. MOEN Vendor VEN13923 - RICHARD MOEN Total:86.72 Vendor: VEN31215 - RICK ALT 61.942023110111/08/2023221433RICK ALT UNIFORM REIMBURSEMENT - R. ALT Vendor VEN31215 - RICK ALT Total:61.94 Vendor: VEN36614 - ROBERT NICKL 100.002023103011/01/2023221351ROBERT NICKL WATER EFFICIENCY REBATE - 709 INSKIP TRL S Vendor VEN36614 - ROBERT NICKL Total:100.00 Vendor: VEN18016 - RUMPCA COMPANIES, INC. 20.003471211/01/2023221352RUMPCA COMPANIES, INC.1 YARD GARDEN MIX - PARKS 40.003472611/01/2023221352RUMPCA COMPANIES, INC.2 YARD GARDEN MIX - PARKS 300.001301311/01/2023221352RUMPCA COMPANIES, INC.STUMP GRINDINGS FROM LARGE TREE REMOVED Vendor VEN18016 - RUMPCA COMPANIES, INC. Total:360.00 Vendor: VEN18084 - RYAN CONTRACTING CO 873,917.352023101011/02/202316859RYAN CONTRACTING CO PYMT 1 - GRANGE WATER MAIN 580,943.052023110211/08/202316905RYAN CONTRACTING CO PYMT 2 - GRANGE WATER MAIN Vendor VEN18084 - RYAN CONTRACTING CO Total:1,454,860.40 Vendor: VEN29489 - SCHILLING SUPPLY COMPANY 179.65938723-0011/08/202316947SCHILLING SUPPLY COMPANY PAPER TOWELL/URINAL SCREEN 354.14938729-0011/08/202316947SCHILLING SUPPLY COMPANY BATH ISSUE/ROLL TOWELS/BOWL CLEANER 320.01938729-0011/08/202316947SCHILLING SUPPLY COMPANY BATH ISSUE/ROLL TOWELS/BOWL CLEANER Vendor VEN29489 - SCHILLING SUPPLY COMPANY Total:853.80 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 21 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN36343 - SHANNON/SHANE WITWICKE 69.392023042811/01/2023221353SHANNON/SHANE WITWICKE 800042405 8000 66TH ST CT S UB REFUND Vendor VEN36343 - SHANNON/SHANE WITWICKE Total:69.39 Vendor: VEN19467 - SHORT ELLIOTT HENDRICKSON INC. 8,311.2645434011/02/202316897SHORT ELLIOTT HENDRICKSON…GOODVIEW WATER MAIN CONTRUCTION 352.4245434111/02/202316897SHORT ELLIOTT HENDRICKSON…GRANGE TRUNK WATER MAIN IMPROVEMENTS 24,322.4745434211/02/202316897SHORT ELLIOTT HENDRICKSON…GRANGE TRUNK WATER MAIN IMPROVEMENTS 1,029.5445513711/02/202316897SHORT ELLIOTT HENDRICKSON…SPRINT DECOM @ INNSDALE WT Vendor VEN19467 - SHORT ELLIOTT HENDRICKSON INC. Total:34,015.69 Vendor: VEN35036 - SIEVERS CREATIVE LLC 115.00INV-00299411/02/202316898SIEVERS CREATIVE LLC NOVEMBER WEBSITE 1,292.00INV-00299411/02/202316898SIEVERS CREATIVE LLC NOVEMBER SOCIAL MEDIA Vendor VEN35036 - SIEVERS CREATIVE LLC Total:1,407.00 Vendor: VEN35232 - SITEONE LANDSCAPE SUPPLY HOLDING LLC 81.07135391819-00111/01/2023221354SITEONE LANDSCAPE SUPPLY …PVC EXPANSION REPAIR COUPLING 4,170.00134850273-00111/08/2023221434SITEONE LANDSCAPE SUPPLY …GLACIAL VALLEY PARK BLDG FIREPIT 72.81135919597-00111/08/2023221434SITEONE LANDSCAPE SUPPLY …IRRIGATION SUPPLIES Vendor VEN35232 - SITEONE LANDSCAPE SUPPLY HOLDING LLC Total:4,323.88 Vendor: VEN19282 - SMITH & LOVELESS, INC. 677.0417239311/01/2023221355SMITH & LOVELESS, INC.VALVE SOL 2 WAY BRS 3/8 PSI 20 - LIFT STATION 149.4017248311/01/2023221355SMITH & LOVELESS, INC.CONNECTOR DIN W/8'-LIFT STATION Vendor VEN19282 - SMITH & LOVELESS, INC. Total:826.44 Vendor: VEN35034 - SMOOT ENTERPRISES ADVANCED SPORTSWEAR LLC 562.501559011/02/202316899SMOOT ENTERPRISES ADVAN…COTTAGE GROVE BRANDED PAIL AND SHOVEL 562.501559011/02/202316899SMOOT ENTERPRISES ADVAN…COTTAGE GROVE BRANDED PAIL AND SHOVEL 95.001613411/02/202316899SMOOT ENTERPRISES ADVAN…ICE ARENA UNIFORM 10.001689511/02/202316899SMOOT ENTERPRISES ADVAN…UNIFORM - I PAVEK 24.001693011/02/202316899SMOOT ENTERPRISES ADVAN…UNIFORM- JOECKEL 86.001658911/02/202316899SMOOT ENTERPRISES ADVAN…UNIFORM - SCHROEDER Vendor VEN35034 - SMOOT ENTERPRISES ADVANCED SPORTSWEAR LLC Total:1,340.00 Vendor: VEN30618 - SOUTH ST PAUL STEEL SUPPLY CO, INC 97.21116933611/08/2023221435SOUTH ST PAUL STEEL SUPPLY…3" GALV PIPE - PARKS Vendor VEN30618 - SOUTH ST PAUL STEEL SUPPLY CO, INC Total:97.21 Vendor: VEN36224 - SQUEAKY CLEANERS AND PAINTERS 5,400.00INV014411/01/2023221356SQUEAKY CLEANERS AND PAI…CLEANING SERVICES 1,690.00INV014411/01/2023221356SQUEAKY CLEANERS AND PAI…CLEANING SERVICES 1,500.00INV014411/01/2023221356SQUEAKY CLEANERS AND PAI…CLEANING SERVICES 2,500.00INV014411/01/2023221356SQUEAKY CLEANERS AND PAI…CLEANING SERVICES Vendor VEN36224 - SQUEAKY CLEANERS AND PAINTERS Total:11,090.00 Vendor: VEN33489 - STEVEN MICHAEL WICKELGREN 320.00131111/08/202316948STEVEN MICHAEL WICKELGREN COUNSELING SVC- 10/31/23 ON CALL SVCS Vendor VEN33489 - STEVEN MICHAEL WICKELGREN Total:320.00 Vendor: VEN36609 - SUNBURN CONSTRUCTION LLC 186.402023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND BUILDING PERMIT# 2022-020101 180.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND ELECTRICAL PERMIT# 2022-020307 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 22 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 180.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND ELECTRICAL PERMIT# 2022-020152 120.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND ELECTRICAL PERMIT# 2022-020106 198.802023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND BUILDING PERMIT# 2022-020105 120.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND ELECTRICAL PERMIT# 2022-020102 236.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND BUILDING PERMIT# 2022-020151 236.002023040511/01/2023221357SUNBURN CONSTRUCTION LLC REFUND BUILDING PERMIT#2022-020306 -1,025.252023040511/01/2023221357SUNBURN CONSTRUCTION LLC AUTHORIZED PAYMENT FOR INV-00019153/19154 Vendor VEN36609 - SUNBURN CONSTRUCTION LLC Total:431.95 Vendor: VEN19352 - SYSCO MINNESOTA INC. 1,076.7044792186811/08/202316949SYSCO MINNESOTA INC.FOOD/SUPPLIES FOR ICE ARENA Vendor VEN19352 - SYSCO MINNESOTA INC. Total:1,076.70 Vendor: VEN20035 - T.A. SCHIFSKY & SONS INC 2,251.206975911/01/2023221358T.A. SCHIFSKY & SONS INC AGGREGATE MIX-PARKS AND WATER 4,414.736975911/01/2023221358T.A. SCHIFSKY & SONS INC AGGREGATE MIX-PARKS AND WATER 3,361.086978411/08/2023221436T.A. SCHIFSKY & SONS INC ASPHALT MIX 2,502.6869784B11/08/2023221436T.A. SCHIFSKY & SONS INC 1/2" AGGREGATE MIXES - WATER Vendor VEN20035 - T.A. SCHIFSKY & SONS INC Total:12,529.69 Vendor: VEN36110 - TARAH BENSON 2,385.0019211/08/2023221437TARAH BENSON CUSTOM BADGE STICKERS/SUBLIMATED WRIST STRAP Vendor VEN36110 - TARAH BENSON Total:2,385.00 Vendor: VEN32056 - THE COTTAGE GROVE PROFESSIONAL FIREFIGHTERS 600.00INV02547011/02/202316900THE COTTAGE GROVE PROFES…11/02/2023 BIWEEKLY PAYROLL 10/09 - 10/22/2023 Vendor VEN32056 - THE COTTAGE GROVE PROFESSIONAL FIREFIGHTERS Total:600.00 Vendor: VEN35841 - THEISEN VENDING COMPANY INC 331.502888211/08/2023221438THEISEN VENDING COMPANY …COFFEE SUPPLIES-HERO CENTER Vendor VEN35841 - THEISEN VENDING COMPANY INC Total:331.50 Vendor: VEN30420 - T-MOBILE USA, INC 106.85991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 21.37991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 42.74991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 256.44991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 61.54991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 124.60991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 42.74991230196 OCTOBER 202311/08/2023221439T-MOBILE USA, INC DATA CARDS - 09/21 - 10/20/2023 Vendor VEN30420 - T-MOBILE USA, INC Total:656.28 Vendor: VEN36620 - TODD TOKAR 300.002023103011/08/2023221440TODD TOKAR WATER EFFICIENCY REBATE - 7399 BURR OAK AVE S Vendor VEN36620 - TODD TOKAR Total:300.00 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 23 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) Vendor: VEN29205 - TOTAL MECHANICAL SERVICES, INC 704.33S815111/08/202316950TOTAL MECHANICAL SERVICES…INSTALL SOFT STARTER- PUMP 4 - ICE ARENA Vendor VEN29205 - TOTAL MECHANICAL SERVICES, INC Total:704.33 Vendor: VEN20072 - TRAFFIC CONTROL CORPORATION 3,600.0014692311/08/202316951TRAFFIC CONTROL CORPORAT…TRAFFIC LIGHT ISSUES JAMAICA & EPD/JAMAICA & 90TH Vendor VEN20072 - TRAFFIC CONTROL CORPORATION Total:3,600.00 Vendor: VEN32058 - TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC 75.0071701-202309-111/01/2023221359TRANSUNION RISK AND ALTE…INFORMATION CHARGES SEPTEMBER 2023 Vendor VEN32058 - TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC Total:75.00 Vendor: VEN20030 - TRIO SUPPLY COMPANY 429.2687515411/08/202316952TRIO SUPPLY COMPANY TOWELS/SARAN WRAP/NAPKINS/RESTAURANT SUPPLIES 192.8587515411/08/202316952TRIO SUPPLY COMPANY TOWELS/SARAN WRAP/NAPKINS/RESTAURANT SUPPLIES Vendor VEN20030 - TRIO SUPPLY COMPANY Total:622.11 Vendor: VEN21000 - ULINE 69.1916974174911/08/202316953ULINE TRASH CAN Vendor VEN21000 - ULINE Total:69.19 Vendor: VEN33723 - ULTIMATE SAFETY CONCEPTS, INC 1,997.2020800611/01/2023221360ULTIMATE SAFETY CONCEPTS, …SCBA REPAIR Vendor VEN33723 - ULTIMATE SAFETY CONCEPTS, INC Total:1,997.20 Vendor: VEN33502 - UNIQUE PAVING MATERIALS CORP 3,655.327682511/08/2023221441UNIQUE PAVING MATERIALS …COLD MIX - STREETS Vendor VEN33502 - UNIQUE PAVING MATERIALS CORP Total:3,655.32 Vendor: VEN32448 - US BANK 2,525.281397954311/08/2023221443US BANK QTR CUSTODY FEES- 07/01 - 09/30/2023 Vendor VEN32448 - US BANK Total:2,525.28 Vendor: VEN32558 - US BANK 681.904485 5945 5552 1457 OCT 2023 11/08/2023221442US BANK OCTOBER 2023 UNIFORM PURCHASES Vendor VEN32558 - US BANK Total:681.90 Vendor: VEN35692 - VAN METER INC 185.58SO12986091.00111/08/2023221444VAN METER INC POWER SUPPLY BOX - WELL 6 822.07SO12986091.00211/08/2023221444VAN METER INC POWER SUPPLY BOXES-1606- XLP30E & 1606XLP30B-WELL 6 165.60SO12987772.00111/08/2023221444VAN METER INC FLUORESCENT LIGHT BULBS - PW Vendor VEN35692 - VAN METER INC Total:1,173.25 Vendor: VEN36606 - VARITECH INDUSTRIES INC 983.90INV060-102750811/08/2023221445VARITECH INDUSTRIES INC PUMP & RPR KIT - 4104/36617 Vendor VEN36606 - VARITECH INDUSTRIES INC Total:983.90 Vendor: VEN23143 - WAKOTA FIREFIGHTERS MUTUAL AID ASSOCIATION 50.002023103111/08/2023221446WAKOTA FIREFIGHTERS MUT…WAKOTA 2023 DUES Vendor VEN23143 - WAKOTA FIREFIGHTERS MUTUAL AID ASSOCIATION Total:50.00 Vendor: VEN23259 - WASHINGTON CONSERVATION DISTRICT 214.50620111/01/2023221361WASHINGTON CONSERVATIO…SUMMERS LANDING 5TH ADD- EROSION/SEDIMENT-AUG2023 82.50620111/01/2023221361WASHINGTON CONSERVATIO…PARKVIEW POINTE - EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…CALAROSA 5TH ADDITION- EROSION/SEDIMENT-AUG2023 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 24 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 99.00620111/01/2023221361WASHINGTON CONSERVATIO…CARDINAL RESERVE- EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…3M-EROSION/SEDIMENT- AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…HAWTHORNE 2ND ADDITION- EROSION/SEDIMENT-AUG2023 66.00620111/01/2023221361WASHINGTON CONSERVATIO…RENEWAL BY ANDERSEN- EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…HINTON WOODS 2ND ADD- EROSION/SEDIMENT-AUG2023 198.00620111/01/2023221361WASHINGTON CONSERVATIO…GRAYMONT VILLAGE- EROSION/SEDIMENT-AUG2023 66.00620111/01/2023221361WASHINGTON CONSERVATIO…RJ SCHINNER- EROSION/SEDIMENT-AUG2023 181.50620111/01/2023221361WASHINGTON CONSERVATIO…SETTLERS BLUFF 2ND ADD- EROSION/SEDIMENT-AUG2023 49.50620111/01/2023221361WASHINGTON CONSERVATIO…GLACIAL VALLEY 2ND ADD- EROSION/SEDIMENT-AUG2023 181.50620111/01/2023221361WASHINGTON CONSERVATIO…EASTBROOKE 3RD ADDITION- EROSION/SEDIMENT-AUG2023 165.00620111/01/2023221361WASHINGTON CONSERVATIO…THE VIEWS - EROSION/SEDIMENT-AUG2023 165.00620111/01/2023221361WASHINGTON CONSERVATIO…SETTLERS BLUFF 1ST ADD- EROSION/SEDIMENT-AUG2023 49.50620111/01/2023221361WASHINGTON CONSERVATIO…GLACIAL VALLEY 1ST ADD- EROSION/SEDIMENT-AUG2023 165.00620111/01/2023221361WASHINGTON CONSERVATIO…LANGDON HILLS - EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…HINTON WOODS 1ST ADD- EROSION/SEDIMENT-AUG2023 153.50620111/01/2023221361WASHINGTON CONSERVATIO…HIGHPOINTE 1ST ADD- EROSION/SEDIMENT-AUG2023 148.50620111/01/2023221361WASHINGTON CONSERVATIO…HIGHPOINTE 2ND ADD- EROSION/SEDIMENT-AUG2023 66.00620111/01/2023221361WASHINGTON CONSERVATIO…PIZZA RANCH - EROSION/SEDIMENT-AUG2023 132.00620111/01/2023221361WASHINGTON CONSERVATIO…LEAFLINE LABS - EROSION/SEDIMENT-AUG2023 115.50620111/01/2023221361WASHINGTON CONSERVATIO…RAVINE CROSSING- EROSION/SEDIMENT-AUG2023 115.50620111/01/2023221361WASHINGTON CONSERVATIO…HAWTHORNE 1ST ADDITION- EROSION/SEDIMENT-AUG2023 115.50620111/01/2023221361WASHINGTON CONSERVATIO…CALAROSA 6TH ADDITION- EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…WOODWARD 2ND ADDITION - EROSION/SEDIMENT-AUG2023 99.00620111/01/2023221361WASHINGTON CONSERVATIO…ROLLING MEADOWS- EROSION/SEDIMENT-AUG2023 264.00620111/01/2023221361WASHINGTON CONSERVATIO…EASTBROOKE 2ND ADDITION- EROSION/SEDIMENT-AUG2023 181.50620111/01/2023221361WASHINGTON CONSERVATIO…OPPIDAN APARTMENTS - EROSION/SEDIMENT-AUG2023 39.07628011/08/2023221447WASHINGTON CONSERVATIO…GLACIAL VALLEY 1ST ADD-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…GLACIAL VALLEY 2ND ADD- TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…EASTBROOKE 2ND ADD-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…EASTBROOKE 3RD ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…O2B KIDS DAYCARE-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…CARDINAL RESERVE-TASK 2 PROGRAM COORDINATION Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 25 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 39.06628011/08/2023221447WASHINGTON CONSERVATIO…GRAYMONT VALLEY-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HAWTHORNE 1ST ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HAWTHORNE 2ND ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HIGHPOINTE 1ST ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HIGHPOINTE 2ND ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HINTON WOODS 1ST ADD- TASK 2 PROGRA… 39.06628011/08/2023221447WASHINGTON CONSERVATIO…HINTON WOODS 2ND ADD- TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…LANGDON HILLS-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…LEAFLINE LABS-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…NORTHWICK PARK 1ST ADD- TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…NORTHWICK PARK 2ND ADD- TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…PARKVIEW POINTE-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…PIZZA RANCH-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…OPPIDAN APARTMENTS-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…RENEWAL BY ANDERSEN-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…CALAROSA 6TH ADD-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…CALAROSA 5TH ADD-TASK 2 PROGRAM COORDINATION 39.07628011/08/2023221447WASHINGTON CONSERVATIO…3M -TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…WOODWARD 2ND ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…THE VIEWS-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…RAVINE CROSSING-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…SETTLERS BLUFF 2ND ADD- TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…SETTLERS BLUFF 1ST ADD-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…SUMMERS LANDING 5TH AD- TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…ROLLING MEADOWS-TASK 2 PROGRAM COORDINATION 39.06628011/08/2023221447WASHINGTON CONSERVATIO…RJ SCHINNER-TASK 2 PROGRAM COORDINATION 2,494.92621811/01/2023221361WASHINGTON CONSERVATIO…WATER MONITORING - STORMWATER 99.00622911/01/2023221361WASHINGTON CONSERVATIO…CALAROSA 6TH ADDITION - EROSION/SEDIMENT CONTROL 87.00622911/01/2023221361WASHINGTON CONSERVATIO…THE VIEWS- EROSION/SEDIMENT CONTROL 99.00622911/01/2023221361WASHINGTON CONSERVATIO…CARDINAL RESERVE - EROSION/SEDIMENT CONTROL Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 26 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 99.00622911/01/2023221361WASHINGTON CONSERVATIO…ROLLING MEADOWS- EROSION/SEDIMENT CONTROL 99.00622911/01/2023221361WASHINGTON CONSERVATIO…3M - EROSION/SEDIMENT CONTROL 99.00622911/01/2023221361WASHINGTON CONSERVATIO…CALAROSA 5TH ADDITION - EROSION/SEDIMENT CONTROL 82.50622911/01/2023221361WASHINGTON CONSERVATIO…EASTBROOKE 3RD ADDITION - EROSION/SEDIMENT CONTROL 66.00622911/01/2023221361WASHINGTON CONSERVATIO…OPPIDAN APARTMENTS- EROSION/SEDIMENT CONTROL 49.50622911/01/2023221361WASHINGTON CONSERVATIO…RENEWAL BY ANDERSEN- EROSION/SEDIMENT CONTROL 49.50622911/01/2023221361WASHINGTON CONSERVATIO…PIZZA RANCH- EROSION/SEDIMENT CONTROL 49.50622911/01/2023221361WASHINGTON CONSERVATIO…HIGH POINTE 2ND ADDITION- EROSION/SEDIMENT CONTROL 82.50622911/01/2023221361WASHINGTON CONSERVATIO…O2B KIDS DAYCARE- EROSION/SEDIMENT CONTROL 33.00622911/01/2023221361WASHINGTON CONSERVATIO…HIGH POINTE 1ST ADDITION- EROSION/SEDIMENT CONTROL 330.50622911/01/2023221361WASHINGTON CONSERVATIO…HAWTHORNE 1ST ADDITION - EROSION/SEDIMENT CONTROL 99.00622911/01/2023221361WASHINGTON CONSERVATIO…GRAYMONT VILLAGE - EROSION/SEDIMENT CONTROL 99.00622911/01/2023221361WASHINGTON CONSERVATIO…HINTON WOODS 1ST ADDITION-EROSION/SEDIMENT CONTROL 115.50622911/01/2023221361WASHINGTON CONSERVATIO…EASTBROOKE 2ND ADDITION - EROSION/SEDIMENT CONTROL 314.00622911/01/2023221361WASHINGTON CONSERVATIO…HAWTHORNE 2ND ADDITION - EROSION/SEDIMENT CONTROL 115.50622911/01/2023221361WASHINGTON CONSERVATIO…RAVINE CROSSING- EROSION/SEDIMENT CONTROL 716.31625711/08/2023221447WASHINGTON CONSERVATIO…3RD QUARTERLY BILLINGS FOR SHARED WATER RESOURCE Vendor VEN23259 - WASHINGTON CONSERVATION DISTRICT Total:10,197.23 Vendor: VEN34963 - WASTE MANAGEMENT OF MINNESOTA INC 576.358987113-2282-311/08/2023221451WASTE MANAGEMENT OF MI…COMPOST DUMPSTER SVC- 11/01 - 11/30/2023 Vendor VEN34963 - WASTE MANAGEMENT OF MINNESOTA INC Total:576.35 Vendor: VEN32867 - WATER IN MOTION, INC 12,916.001221411/01/2023221366WATER IN MOTION, INC 2023 IRRIGATION ASSESSMENTS Vendor VEN32867 - WATER IN MOTION, INC Total:12,916.00 Vendor: VEN29141 - WATSON COMPANY INC. 1,554.2513710111/02/202316901WATSON COMPANY INC.SNACKS FOR ICE ARENA 192.0613710111/02/202316901WATSON COMPANY INC.SNACKS FOR ICE ARENA -118.1613745411/02/202316901WATSON COMPANY INC.CREDIT FOR SUPPLY RETURN 842.1613768711/02/202316901WATSON COMPANY INC.SNACKS FOR ICE ARENA 518.3413781611/02/202316901WATSON COMPANY INC.SNACKS FOR ICE ARENA 43.9213781611/02/202316901WATSON COMPANY INC.SNACKS FOR ICE ARENA Vendor VEN29141 - WATSON COMPANY INC. Total:3,032.57 Vendor: VEN30632 - WS&D PERMIT SERVICE 88.002023102411/01/2023221367WS&D PERMIT SERVICE REFUND BUILDING PERMIT# 2023-025451 Vendor VEN30632 - WS&D PERMIT SERVICE Total:88.00 Vendor: VEN24065 - XCEL ENERGY 115.6984810014411/08/2023221452XCEL ENERGY 6790 PINE ARBOR BLVD UNIT LIGHTS- 09/20 - 10/05/23 18.9284810622211/01/2023221368XCEL ENERGY 8490A E POINT DOUGLAS UNIT TRAFFIC-09/11-10/05/23 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 27 of 32 AmountPayable NumberPayment DatePayment NumberVendor Name Description (Item) 81.3584871745411/08/2023221452XCEL ENERGY PINE COULEE LIGHTS - 09/05 - 10/04/23 151.0684878345911/08/2023221452XCEL ENERGY SOUTHPOINT - 09/12 - 10/11/23 23.5384884991011/08/2023221452XCEL ENERGY 9900 JAMAICA AVE S UNIT LIGHTING - 09/07 - 10/11/2 39.7784888088011/08/2023221452XCEL ENERGY 10500A IDEAL AVE S UNTI LIGHTING- 09/11 - 10/11/23 2,997.1084979356611/01/2023221368XCEL ENERGY CENTRAL FIRE- 09/12 - 10/11/2023 716.3484971456811/01/2023221368XCEL ENERGY FIRE DEPT- 09/12 - 10/11/2023 8,641.8084788364911/01/2023221368XCEL ENERGY PSCH ELECTRICITY & GAS - 09/05 - 10/05/23 2,737.9784954504011/01/2023221368XCEL ENERGY PARK BUILDINGS- 09/06 - 10/09/23 3,063.7984972075811/01/2023221368XCEL ENERGY PUBLIC WORKS- 09/12 - 10/11/23 11,945.1084972199411/01/2023221368XCEL ENERGY CITY STREET LIGHTS- 09/12 - 10/11/23 Vendor VEN24065 - XCEL ENERGY Total:30,532.42 Vendor: VEN32213 - YOLEISY VALDES-GONZALES 774.003409611/02/202316902YOLEISY VALDES-GONZALES MONTHLY SERVICE - CENTRAL FIRE 2,245.003409711/02/202316902YOLEISY VALDES-GONZALES MONTHLY SERVICE - CITY HALL 1,084.003409811/02/202316902YOLEISY VALDES-GONZALES MONTHLY SERVICE - HERO CENTER 506.003410011/02/202316902YOLEISY VALDES-GONZALES MONTHLY SERVICE - FIRE STATION #4 Vendor VEN32213 - YOLEISY VALDES-GONZALES Total:4,609.00 Vendor: VEN26201 - ZIEGLER INC. 754.92SI00038268011/08/202316954ZIEGLER INC.FRONT AND REAR DRUM REPAIR - 8301/36685 859.11SI00039506611/02/202316903ZIEGLER INC.PM SERVICE - 8204/36574 250.00SI00039516111/02/202316903ZIEGLER INC.WARRANTY WORK,TRAVEL FEE - 8301/36572 671.00SI00040077311/02/202316903ZIEGLER INC.RPL HYDR SOLENOID,O/S LABOR&MILEAGE-8204/36606 Vendor VEN26201 - ZIEGLER INC. Total:2,535.03 Vendor: VEN26003 - ZYWIEC'S LANDSCAPE AND GARDEN CENTER 18.8921606911/08/2023221453ZYWIEC'S LANDSCAPE AND G…DEER STOPPER Vendor VEN26003 - ZYWIEC'S LANDSCAPE AND GARDEN CENTER Total:18.89 Grand Total:4,098,308.35 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 28 of 32 Report Summary Fund Summary Payment AmountFund 100 - GENERAL FUND 155,960.69 210 - EQUIPMENT REPLACEMENT 6,984.00 215 - RECYCLING 576.35 230 - SURFACE WATER MANAGEMENT 5,160.37 235 - SEALCOATING FUND 1,215.70 240 - FORFEITURE & SEIZURE 50,000.00 250 - ICE ARENA 9,781.46 255 - GOLF COURSE SPECIAL REVENUE FUND 737,321.49 265 - CG CONVENTION & VISITORS BUREAU 1,407.00 285 - ECONOMIC DEVELOPMENT AUTHORITY 19,372.25 286 - ECONOMIC DEVELOPMENT TRUST 193,419.67 290 - HERO CENTER OPERATIONS 9,486.88 455 - 3M SETTLEMENT - MPCA 1,501,839.41 510 - FUTURE PROJECTS 6,067.50 515 - PARK CAPITAL IMPROVEMENT FUND 1,029.54 520 - MSA CONSTRUCTION 597,797.06 526 - ICE ARENA CAPITAL FUND 2,231.50 560 - PAVEMENT MANAGEMENT 47,893.50 568 - DEVELOPER PETITIONED PROJECTS 570.00 570 - PARK TRUST 21,811.00 575 - WATER CONNECT/AREA 3,805.66 580 - SEWER CONNECTION/AREA 12,557.17 585 - STORM CONNECTION/AREA 14,401.17 610 - WATER OPERATING 85,945.32 620 - SEWER OPERATING 1,369.38 630 - STREET LIGHTS 17,827.59 660 - SOUTH WASHINTON COUNTY AMBUL 1,248.84 700 - SELF INSURANCE 3,394.33 710 - FLEET MAINTENANCE 87,258.63 720 - INFORMATION TECHNOLOGY 30,772.15 800 - INVESTMENTS 2,525.28 805 - POOLED CASH -1,025.25 810 - DEVELOPER LETTER OF CREDIT 324,103.47 990 - PAYROLL FUND 144,199.24 4,098,308.35Grand Total: Account Summary Payment AmountAccount Number Account Name 100-02-0110-4210 OP SUPPLY-OTHER 13.98 100-02-0110-4403 TRAVEL/TRAIN/CON 4,850.00 100-03-0150-4302 LEGAL SERVICE 14,867.50 100-04-0200-4210 OP SUPPLY-OTHER 112.00 100-08-0395-4300 PROF SERVICES 775.00 100-09-2500-4200 OFFICE SUPPLIES 774.39 100-09-2500-4272 OP SUP-BUILDINGS 53.75 100-09-2500-4305 FEES FOR SERVICE 2,245.00 100-09-2500-4360 UTILITIES 8,641.80 100-09-2500-4372 MAINT-REPAIR/BLD 1,921.85 100-09-2500-4380 RENTAL/LEASE 1,064.65 100-09-2500-4405 CLEAN/WASTE REMV 5,400.00 100-10-1100-4340 PRINTING 55.00 100-13-1000-2041 SURCHARGE PAYABL 1.00 100-13-1000-3140 BUILDING PERMIT 1,609.20 100-13-1000-3141 HTG/REFR PERMIT 55.00 100-13-1000-4300 PROF SERVICES 50.00 100-13-1000-4310 COMMUNICATION 106.85 100-13-1000-4340 PRINTING 941.00 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 29 of 32 Account Summary Payment AmountAccount Number Account Name 100-13-1000-4375 CHARGE-FLEET MNT 15.00 100-14-2040-4301 ENGINEERING SVS 1,606.50 100-14-2040-4310 COMMUNICATION 21.37 100-21-0500-3813 SALE OF GOODS -11,000.00 100-21-0500-4200 OFFICE SUPPLIES 106.39 100-21-0500-4210 OP SUPPLY-OTHER 2,385.00 100-21-0500-4217 CLOTHING/UNIFORM 681.90 100-21-0500-4300 PROF SERVICES 2,106.00 100-21-0500-4305 FEES FOR SERVICE 75.00 100-21-0500-4321 DATA PROCESSING 57.75 100-21-0500-4370 MAINT-REPAIR/EQ 400.00 100-21-0500-4380 RENTAL/LEASE 642.61 100-21-0500-4403 TRAVEL/TRAIN/CON 826.33 100-21-0500-4530 MACH & EQUIPMENT 51,208.87 100-21-0537-4300 PROF SERVICES 736.08 100-23-0450-4305 FEES FOR SERVICE 1,245.00 100-26-0800-4210 OP SUPPLY-OTHER 136.71 100-26-0800-4217 CLOTHING/UNIFORM 164.97 100-26-0800-4272 OP SUP-BUILDINGS 248.84 100-26-0800-4305 FEES FOR SERVICE 1,366.09 100-26-0800-4310 COMMUNICATION 42.74 100-26-0800-4360 UTILITIES 3,713.44 100-26-0800-4370 MAINT-REPAIR/EQ 2,677.08 100-26-0800-4372 MAINT-REPAIR/BLD 11.48 100-26-0800-4380 RENTAL/LEASE 218.50 100-26-0800-4401 DUES & SUBS 50.00 100-26-0800-4403 TRAVEL/TRAIN/CON 15,330.88 100-26-0800-4405 CLEAN/WASTE REMV 1,690.00 100-26-0800-4434 SPECIAL EVENTS 62.63 100-31-1200-4210 OP SUPPLY-OTHER 519.92 100-31-1200-4212 LUB/ADD 138.66 100-31-1200-4217 CLOTHING/UNIFORM 159.92 100-31-1200-4271 OP SUP-OTHER IMP 7,016.40 100-31-1200-4310 COMMUNICATION 256.44 100-31-1200-4371 MAINT-REPAIR/OTH 136.75 100-31-1200-4403 TRAVEL/TRAIN/CON 1,961.04 100-32-1260-4403 TRAVEL/TRAIN/CON 372.00 100-35-2005-4200 OFFICE SUPPLIES 607.10 100-35-2005-4210 OP SUPPLY-OTHER 1,554.25 100-35-2005-4272 OP SUP-BUILDINGS 354.14 100-35-2005-4305 FEES FOR SERVICE 172.25 100-35-2005-4360 UTILITIES 3,063.79 100-35-2005-4372 MAINT-REPAIR/BLD 197.51 100-35-2005-4380 RENTAL/LEASE 778.42 100-35-2005-4405 CLEAN/WASTE REMV 1,500.00 100-36-2200-4210 OP SUPPLY-OTHER 31.63 100-36-2200-4305 FEES FOR SERVICE 300.00 100-36-2200-4449 OTHER CONTRACT 2,934.00 100-41-1500-4209 OP SUPPLIES-CLEN 61.29 100-41-1500-4210 OP SUPPLY-OTHER 3,981.10 100-41-1500-4212 LUB/ADD 138.67 100-41-1500-4217 CLOTHING/UNIFORM 86.00 100-41-1500-4231 SMALL TOOLS 10.99 100-41-1500-4271 OP SUP-OTHER IMP 2,251.20 100-41-1500-4272 OP SUP-BUILDINGS 320.01 100-41-1500-4310 COMMUNICATION 61.54 100-41-1500-4360 UTILITIES 2,819.32 100-41-1500-4380 RENTAL/LEASE 2,606.78 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 30 of 32 Account Summary Payment AmountAccount Number Account Name 100-41-1500-4403 TRAVEL/TRAIN/CON 297.00 100-51-2300-4300 PROF SERVICES 562.50 100-51-2300-4305 FEES FOR SERVICE 150.00 100-51-2300-4380 RENTAL/LEASE 99.94 100-51-2300-4434 SPECIAL EVENTS 95.00 210-00-9210-4530 MACH & EQUIPMENT 6,984.00 215-54-1900-4405 CLEAN/WASTE REMV 576.35 230-60-3200-4300 PROF SERVICES 3,211.23 230-60-3200-4301 ENGINEERING SVS 1,556.50 230-60-3200-4305 FEES FOR SERVICE 317.64 230-60-3200-4403 TRAVEL/TRAIN/CON 75.00 235-00-1217-4301 ENGINEERING SVS 76.50 235-00-1217-4371 MAINT-REPAIR/OTH 1,139.20 240-21-0552-4280 CAPITAL OUTLAY <$5,000 50,000.00 250-77-3700-4210 OP SUPPLY-OTHER 151.40 250-77-3700-4212 LUB/ADD 119.11 250-77-3700-4300 PROF SERVICES 2,212.50 250-77-3700-4370 MAINT-REPAIR/EQ 769.33 250-77-3700-4372 MAINT-REPAIR/BLD 2,983.26 250-77-3700-4380 RENTAL/LEASE 99.95 250-77-3700-4434 SPECIAL EVENTS 125.06 250-77-3700-4438 VENDING RESALE 518.34 250-77-3740-4438 CONCESSIONS RESALE 2,802.51 255-53-2100-4305 FEES FOR SERVICE 17.15 255-53-2100-4403 TRAVEL/TRAIN/CON 862.56 255-53-2100-4438 PRO/MISC RESALE 1,594.47 255-55-2105-4210 OP SUPPLY-OTHER 768.75 255-55-2105-4212 LUB/ADD 101.88 255-55-2105-4270 OP SUP-VEH/EQ 120.08 255-55-2105-4271 OP SUP-OTHER IMP 165.57 255-55-2105-4305 FEES FOR SERVICE 82.29 255-55-2105-4370 MAINT-REPAIR/EQ 2,076.91 255-55-2105-4380 RENTAL/LEASE 120.00 255-55-2105-4405 CLEAN/WASTE REMV 275.00 255-55-2105-4449 OTHER CONTRACT 18.89 255-55-2110-4380 RENTAL/LEASE 65.31 255-55-2115-4550 PROJECT-CONTRACT 710,243.75 255-56-2140-4210 OP SUPPLY-OTHER 3,447.91 255-56-2140-4300 PROF SERVICES 50.00 255-56-2140-4305 FEES FOR SERVICE 3,080.43 255-56-2140-4380 RENTAL/LEASE 169.24 255-56-2140-4434 SPECIAL EVENTS 2,100.00 255-56-2140-4436 CONCESSION RESAL 10,505.79 255-56-2140-4438 PRO/MISC RESALE 148.48 255-56-2140-4439 LIQUOR - RESALE 1,307.03 265-00-1150-4305 FEES FOR SERVICE 115.00 265-00-1150-4341 ADVER/PUBLISH 1,292.00 285-12-1135-4300 PROF SERVICES 10,000.00 285-12-1135-4301 ENGINEERING SVS 2,792.25 285-12-1135-4305 FEES FOR SERVICE 6,250.00 285-12-1135-4434 SPECIAL EVENTS 330.00 286-00-6700-4550 PROJECT-CONTRACT 193,419.67 290-00-2900-4141 PERA 1,773.20 290-00-2900-4210 OP SUPPLY-OTHER 249.61 290-00-2900-4305 FEES FOR SERVICE 1,405.27 290-00-2900-4341 ADVER/PUBLISH 350.00 290-00-2900-4372 MAINT-REPAIR/BLD 2,375.00 290-00-2900-4380 RENTAL/LEASE 273.05 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 31 of 32 Account Summary Payment AmountAccount Number Account Name 290-00-2900-4403 TRAVEL/TRAIN/CON 229.25 290-00-2900-4405 CLEAN/WASTE REMV 2,500.00 290-00-2900-4438 PRO/MISC RESALE 331.50 455-00-7232-4551 PROJECT-ENGINEER 8,311.26 455-00-7252-4559 PROJECT-OTHER 13,992.86 455-00-7260-4550 PROJECT-CONTRACT 1,454,860.40 455-00-7260-4551 PROJECT-ENGINEER 24,674.89 510-00-6574-4551 PROJECT-ENGINEER 5,726.00 510-00-9510-4301 ENGINEERING SVS 341.50 515-00-9515-4305 FEES FOR SERVICE 1,029.54 520-00-6552-4301 ENGINEERING SVS 13,248.85 520-00-6552-4550 PROJECT-CONTRACT 515,052.68 520-00-6552-4551 PROJECT-ENGINEER 49,617.61 520-00-6552-4559 PROJECT-OTHER 18.92 520-00-6576-4551 PROJECT-ENGINEER 2,953.00 520-00-6577-4551 PROJECT-ENGINEER 16,906.00 526-00-9526-4280 CAPITAL OUTLAY <$5,000 2,231.50 560-00-6575-4551 PROJECT-ENGINEER 15,354.00 560-00-6578-4551 PROJECT-ENGINEER 32,539.50 568-00-6625-4551 PROJECT-ENGINEER 214.50 568-00-6629-4551 PROJECT-ENGINEER 355.50 570-00-9570-4301 ENGINEERING SVS 12,576.00 570-00-9570-4540 OTHER CAP OUTLAY 4,300.00 570-00-9570-4550 PROJECT-CONTRACT 4,170.00 570-00-9570-4551 PROJECT-ENGINEER 765.00 575-00-9575-4301 ENGINEERING SVS 3,805.66 580-00-9580-4301 ENGINEERING SVS 12,557.17 585-00-9585-4301 ENGINEERING SVS 14,401.17 610-00-9610-1230 PREPAID EXPENSE 2,312.00 610-70-3000-4210 OP SUPPLY-OTHER 2,197.54 610-70-3000-4212 LUB/ADD 138.67 610-70-3000-4216 FERTILIZER/CHEM 120.00 610-70-3000-4217 CLOTHING/UNIFORM 89.99 610-70-3000-4271 OP SUP-OTHER IMP 6,934.81 610-70-3000-4301 ENGINEERING SVS 12,916.00 610-70-3000-4310 COMMUNICATION 124.60 610-70-3000-4403 TRAVEL/TRAIN/CON 296.71 610-70-3000-4438 PRO/MISC RESALE 59,346.00 610-70-3000-4449 OTHER CONTRACT 1,469.00 620-00-9620-1191 A/R-UTILITY 69.39 620-80-3100-4210 OP SUPPLY-OTHER 1,299.99 630-75-1400-4210 OP SUPPLY-OTHER 814.00 630-75-1400-4217 CLOTHING/UNIFORM 61.94 630-75-1400-4301 ENGINEERING SVS 866.50 630-75-1400-4305 FEES FOR SERVICE 210.00 630-75-1400-4360 UTILITIES 12,124.09 630-75-1400-4371 MAINT-REPAIR/OTH 3,600.00 630-75-1450-4360 UTILITIES 151.06 660-24-0600-4210 OP SUPPLY-OTHER 753.94 660-24-0600-4217 CLOTHING/UNIFORM 494.90 700-00-9700-4210 OP SUPPLY-OTHER 116.87 700-00-9700-4300 PROF SERVICES 320.00 700-00-9700-4733 CLAIM-NONCITY PR 2,890.00 700-00-9700-4734 AUTO CLAIMS 67.46 710-33-1700-4210 OP SUPPLY-OTHER 229.98 710-33-1700-4217 CLOTHING/UNIFORM 322.66 710-33-1700-4270 OP SUP-VEH/EQ 26,047.80 710-33-1700-4305 FEES FOR SERVICE 28.50 Expense Approval Report Payment Dates: 11/1/2023 - 11/8/2023 11/8/2023 3:11:44 PM Page 32 of 32 Account Summary Payment AmountAccount Number Account Name 710-33-1700-4370 MAINT-REPAIR/EQ 44,114.37 710-33-1700-4403 TRAVEL/TRAIN/CON 137.25 710-33-1710-4211 MOTOR FUELS 14,237.08 710-33-1710-4305 FEES FOR SERVICE 1,010.00 710-33-1710-4370 MAINT-REPAIR/EQ 670.00 710-33-1720-4210 OP SUPPLY-OTHER 64.99 710-33-1720-4403 TRAVEL/TRAIN/CON 396.00 720-07-0380-4210 OP SUPPLY-OTHER 178.77 720-07-0380-4280 CAPITAL OUTLAY <$5,000 18,596.02 720-07-0380-4310 COMMUNICATION 42.74 720-07-0380-4321 DATA PROCESSING 4,112.00 720-07-0380-4370 MAINT-REPAIR/EQ 4,500.00 720-07-0380-4403 TRAVEL/TRAIN/CON 3,342.62 800-00-9800-3810 INVEST INTEREST 2,525.28 805-00-9805-1010 Pooled Cash -1,025.25 810-00-8217-2310 DEPOSITS PAYABLE 35,680.00 810-00-9810-2310 DEPOSITS PAYABLE 288,423.47 990-05-9990-2010 PERA 124,271.58 990-05-9990-2035 LIFE INS-WITHHLD 352.00 990-05-9990-2037 CHILD SUPPORT 36.91 990-05-9990-2038 UNION DUES 4,322.50 990-05-9990-2043 DEFERRED COMP 13,866.25 990-05-9990-2044 ROTH 457 1,350.00 Grand Total:4,098,308.35 Project Account Summary Payment AmountProject Account Key **None**2,451,230.08 01-23-001-ESC 20,527.50 01-23-009-ESC 1,104.00 01-23-013-ESC 2,171.00 01-23-014-ESC 2,680.50 01-23-015-ESC 2,145.00 01-23-017-ESC 4,667.25 02-23-005-ENG 76.50 02-23-006-ENG 15,354.00 02-23-010-ENG 16,906.00 02-24-001-ENG 32,539.50 05-23-007-CON 4,170.00 23-PD-2345S 5,880.49 23-PD-2349S 21,806.40 23-PD-2351S 5,880.51 23-PD-2368S 5,880.49 23-PD-2369S 5,880.49 23-PD-2370S 5,880.49 7252-03-OTH 13,887.81 7252-04-OTH 105.05 7260-02-ENG 352.42 7260-03-CON 1,454,860.40 7260-03-ENG 24,322.47 Grand Total:4,098,308.35 1 City Council Action Request 9.A. Meeting Date 11/15/2023 Department Community Development Agenda Category Action Item Title Gerlach Property - Drainage & Utility Easement Vacation Staff Recommendation 1) Hold a public hearing to vacate a public drainage and utility easement across the Gerlach Services, Inc. property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. 2) Adopt Resolution 2023-143 vacating the public drainage and utility easement across the Gerlach Services, Inc. property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. Budget Implication N/A Attachments 1. Gerlach Property Easement Vacations CC Memo 2. Gerlach Property Easement Vacations - Attachment A. Easement to be vacated Doc. No. 3910890 3. Gerlach Property Easement Vacations - Attachment B. Easement Exhibit 4. Gerlach Property Easement Vacations Resolution TO: Honorable Mayor and City Council Jennifer Levitt, City Administrator FROM: Mike Mrosla, Senior Planner DATE: November 15, 2023 RE: Gerlach Drainage & Utility Easement Vacation Background In 2012 the City of Cottage Grove constructed a stormwater pipe through the Gerlach Service parking lot and staging area. Location Map However, the permanent drainage and utility easement was recorded against the wrong prop- erty and does not cover the actual stormwater pipe. The easement was unintentionally recorded against PID 12.027.21.23.000 (7473 Lamar Avenue) where the existing building is located and should have been recorded against PID 12.027.21.23.0010. The below image outlines the loca- tion of the existing recorded easement in red and identifies the location of the actual stormwater pipe in yellow, which is where the easement should be recorded. Honorable Mayor, City Council, and Jennifer Levitt Gerlach – Easement Vacation November 15, 2023 Page 2 of 2 Easement Exhibit Recommendation 1. Hold a public hearing to vacate a public drainage and utility easement across the Gerlach Services, Inc property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. 2. Adopt Resolution 2023-143 vacating the public drainage and utility easement across the Gerlach Services, Inc property and Gerald Gerlach property over part of Block B, plat of Cottage Grove. Attachments: A. Easements Vacations B. Easement Sketch C. Resolution LANGLY AVENUE SLAMAR AVENUE SOUTH101010101010101010 10 LOCATION PER ORIGINAL EASEMENT DESCRIPTION>>>>>>>>>>>>>>>>>>>>>>>>>>PER DOC 3910890 VERIFIED LOCATION 1202721230007 1202721230009 1202721230010 1202721230011X 1202721230008 >>>>3507 HIGH POINT DRIVE NORTH BUILDING 1 - SUITE E130 OAKDALE, MN 55128 (651) 704-9970 R SCALE IN FEET 0 30 H:\COTT\_General\2022\7473 Lamar Ave\REVISED EASEMENT\103963V-EASE2_AERIAL.dwg 10/3/2023 3:41 PM ©Bolton & Menk, Inc. 2023, All Rights Reserved JOB NUMBER:FIELD BOOK:DRAWN BY: FOR: EASEMENT LOCATION COTTAGE GROVE PART OF: SW 1/4 OF NW 1/4 OF SEC. 12, TWP. 27, RNG. 21 CITY OF COTTAGE GROVE N15.103963 JSC R CITY OF COTTAGE GROVE, MINNESOTA CITY COUNCIL RESOLUTION 2023-143 A RESOLUTION VACATING CERTAIN EASEMENTS LOCATED WITHIN THE CITY OF COTTAGE GROVE, MINNESOTA WHEREAS, pursuant to Minn. Stat. § 412.851, the City Council may vacate any street, alley, public grounds, public way or any part thereof within the City by Resolution; and WHEREAS, the City Council of the City of Cottage Grove petitioned to vacate and discontinue the drainage and utility easements over property at 7473 Lamar Avenue South, Cottage Grove, Minnesota, which were recorded on October 11, 2012 in Washington County as Document Number 3910890 and Document Number 3910892; and WHEREAS, a notice of a public hearing on said vacation was duly published and posted in accordance with applicable Minnesota Statutes and a public hearing was held November 15, 2023, on said vacations at the City of Cottage Grove, 12800 Ravine Parkway South, Cottage Grove, Minnesota; and WHEREAS , the City Council of Cottage Grove then proceeded to hear all persons interested in said vacations and all persons interested were afforded an opportunity to present their views and objections to the granting of said vacations; and WHEREAS, the City Council of Cottage Grove has determined that the vacations would be in the public interest. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove: 1. That the City of Cottage Grove, pursuant to Minn. Stat. § 412.851, hereby vacates the drainage and utility easements situated in the City of Cottage Grove, County of Washington, State of Minnesota, as legally described in Document Number 3910890 and Document Number 3910892 which were recorded on October 11, 2012 in Washington County. 2. That said vacations have no relationship to the City’s Comprehensive Plan and therefore the Cottage Grove City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd. 2, that may require the Cottage Grove Planning Commission to perform a Comprehensive Plan compliance review of said vacations that may constitute a disposal of real property pursuant to § 462.356, Subd. 2. 3. That the City Clerk shall prepare a notice to be presented to the Washington County Auditor reflecting the completion of the proceedings herein. City of Cottage Grove, Minnesota City Council Resolution 2023-143 Page 2 Now therefore be it resolved by the City Council of the City of Cottage Grove as follows: Passed this 15th day of November, 2023. Myron Bailey, Mayor Attest: Tamara Anderson, City Clerk 1 City Council Action Request 13.A. Meeting Date 11/15/2023 Department Administration Agenda Category Action Item Title DuPont and 3M Drinking Water Class Action Staff Recommendation Close the meeting pursuant to Minn. Stat. Section 13D.05 subd. 3 (b) for attorney-client privileged communication to discuss the potential litigation related to DuPont and 3M drinking water class action. Budget Implication N/A Attachments None 1 City Council Action Request 14.A. Meeting Date 11/15/2023 Department Parks and Recreation Agenda Category Presentation Title Local Option Sales Tax Community Relations/Education Services Staff Recommendation Receive Local Option Sales Tax community relations/education services proposals and provide direction to staff. Budget Implication None Attachments 1. 1-Memo - Communications Workshop 2. 2-Request for Proposal 3. 3-KA Response_City of Cottage Grove_10.20.2023_FINAL 4. 4-ICS_Proposal_City of Cottage Grove_FINAL_Compressed To:Honorable Mayor and City Council Jennifer Levitt, City Administrator From: CC: Zac Dockter, Parks and Recreation Director Date:October 23, 2023 Subject:Local Option Sales Tax Community Relations/Education Services Introduction/Background The City received approval from the MN Legislature to ask Cottage Grove residents, via a referendum on November 2024, to apply a Local Option Sales Tax (LOST) of 0.5% to fund up to $36M in improvements to Hamlet Park, Mississippi Dunes Park and the River Oaks Golf Course and Event Center. Details of each project are included with this report. In order to educate the community on the referendum proposal, staff is recommending the coordination of professional services to assure a robust communication strategy. This strategy would be similar to that of the community center referendum project. It should be noted that this professional service would operate complimentary to, not in replacement thereof, the City resources and efforts applied towards educating the public on the local option sales tax question. A request for proposal was sent to two qualified organizations; Kraus Anderson and ICS. The request for proposal document is included with this report for convenient reference to expected deliverables from each organization. The fully submitted proposals are included with this report. At the November 15 City Council Workshop, each organization will have up to 20 minutes to present their proposal. City Council is encouraged to ask questions of the presenters and provide final direction to staff on the proposals. Staff Recommendation Receive Local Option Sales Tax community relations/education services proposals and provide direction to staff. Request for Proposal Purpose: Community Rela�ons/Educa�on Services for the City of Cotage Grove’s Local Op�on Sales Tax Referendum for Recrea�onal Improvements. Proposal Deadline: October 20, 2023 @ 3pm submited to: Cotage Grove Parks and Recrea�on Atn: Zac Dockter 8635 W Pt Douglas Rd S Cotage Grove, MN 55016 Project Summary: Cotage Grove has received MN Legislature approval to ask Cotage Grove voters, via a referendum on the general elec�on in November of 2024, to raise the local sales tax 0.5% in order to fund up to $36M in improvements over 20 years at Hamlet Park, Mississippi Dunes Park and River Oaks Golf Course and Event Center. Details of the projects are included with this RFP as Exhibit A. A study detailing the impacts to the local economy was performed by the University of MN and is included as Exhibit B. Proposal Requirements: 1. Provide company background and describe exper�se in educa�onal services involving the recrea�onal industry. 2. Provide project team and qualifica�ons. 3. Describe exper�se with community referendum planning and implementa�on. 4. Provide examples of the team and company’s past work relatable to this project. 5. Propose and describe a community rela�ons strategy that results in an energized, engaged and educated voter base in Cotage Grove for this referendum. 6. Provide appropriate �meline of ac�vi�es and deliverables. Include expecta�ons of City staff and/or elected officials to maintain the �meline. 7. Provide cost proposal for all services. 8. Provide brief summary of services the company may provide following a successful or failed referendum. Fees are not required for this part of the proposal as the City understands a separate agreement for such services would be incurred. 9. Present ten (10) hard copies of the proposal along with an electronic version by the deadline. 10. Verbally present their proposal to City Council at a workshop on November 1 at City Hall at approximately 8pm. Please refer questions to: Zac Dockter, Parks and Recrea�on Director 651-458-2847 zdockter@cotagegrovemn.gov CITY OF COTTAGE GROVE COTTAGE GROVE, MN COMMUNITY RELATIONS/EDUCATION SERVICES October 20, 2023 Office 612-332-7281 | www.krausanderson.com | Fax 612-332-8739 BUILDING ENDURING RELATIONSHIPS AND STRONG COMMUNITIES Kraus-Anderson® Construction Company 501 South Eighth Street, Minneapolis, MN 55404 October 20, 2023 Zac Dockter, Parks and Recreation Director Cottage Grove Parks and Recreation 8635 W Point Douglas Road S Cottage Grove, MN 55016 Dear Mr. Dockter and City Council, Kraus-Anderson (KA) is thrilled to present our Community Relations/Education Services proposal, specifically tailored to support the City of Cottage Grove’s Local Option Sales Tax Referendum for Recreational Improvements. Our enthusiasm is in joining forces with the City of Cottage Grove and its valued stakeholders, uniting to understand your vision and diligently facilitate the realization of your project goals and objectives. As your trusted partner, KA brings an array of benefits and commitments that make us the ideal candidate for this endeavor: Community Engagement and Referendum Experts When you choose Kraus-Anderson for your community relations and referendum strategy needs, you’re partnering with a team of dedicated marketing professionals with a proven track record of success. With a 90% referenda approval rate, our in-house communication experts will closely collaborate with city staff, stakeholders, and community influencers to strategize, develop, and execute a customized referendum campaign tailored to the City of Cottage Grove. From referendum branding and key message development to photography, videography, website development and community organizing, we are poised to assist you in effectively telling your story. Extension of Your Team Our track record of success is built on open and effective communication, attention to detail, and precise timelines in every phase of our partnership. We consider ourselves a true addition to your team, dedicated to serving your needs from campaign planning through execution. A coordinated effort is our commitment, as we understand the resources available to the city and are dedicated to expanding your team capabilities, while managing all the moving parts to ensure a seamless campaign. We are grateful for entrusting Kraus-Anderson with this invaluable partnership opportunity. We are eager to work closely with the City of Cottage Grove’s team to deliver an exceptional campaign. Please contact us if you have any questions or require further details regarding our proposal. Again, thank you for considering Kraus-Anderson as your trusted partner for this significant project. Sincerely, KRAUS-ANDERSON® CONSTRUCTION COMPANY Jenna Mead, Director of Marketing, Referendum, & Project Planning C: 763-238-8440 | jenna.mead@krausanderson.com TABLE OF CONTENTS 1. COMPANY BACKGROUND 2. KA PROJECT TEAM 3. COMMUNITY REFERENDUM EXPERTISE 4. PROJECT EXPERIENCE 5. COMMUNITY RELATIONS STRATEGY 6. TIMELINE 7. COST PROPOSAL 8. SUMMARY OF SERVICES 01 02 05 06 10 12 13 14 City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 1 1. COMPANY BACKGROUND Untitled map city list for fucking map.xlsx All items COMPANY BACKGROUND Founded in 1897 and family owned and managed for over 75 years, Kraus-Anderson® Construction is consistently ranked by Engineering News-Record among the U.S. top 25 construction firms in the Midwest, providing award-winning consulting and construction services coast to coast. Our approach is simple. We listen to your goals and priorities and deliver comprehensive construction services to become your trusted business partner. We bring you the best-value options and informed decisions from an owner’s perspective. EXPERTISE IN EDUCATIONAL SERVICES One noteworthy aspect of our company’s structure is the strategic overlap between our K-12 and Government project teams. This overlap reflects our holistic approach to educational services, centered on the belief that learning opportunities extend beyond traditional classrooms. We understand that educational and recreational services are interconnected; therefore, our teams share personnel resources, meetings, trends, and valuable insights. This collaborative approach provides several key benefits: »Resource Optimization: By sharing resources, we guarantee timely access to the right expertise for K-12 and Government projects, streamlining our operations. »Synergy in Meetings: Shared meetings promote the exchange of ideas, strategies, and best practices, nurturing creativity and innovation in our educational and recreational programs. »Trend Integration: Educational and recreational trends are ever-changing. With synchronized teams, we swiftly spot and integrate emerging trends into our projects, maintaining cutting-edge and relevant services. »Seamless Execution: Overlapping project teams seamlessly blend education into recreational offerings, aligning with government initiatives and educational standards. Core Purpose Building enduring relationships and strong communities. Core Values Integrity Do the right thing...always be respectful, honest, and fair. Commitment Take ownership, work hard, and keep promises. Teamwork Collaborate to foster trust and success for all. Value People Support each other in a safe, positive environment where people are recognized and appreciated for their contributions. Why Partner with KA? »Collaborative Approach »Community Engagement »Transparent Process »Project Leadership »Owner’s Advocate »Enduring Relationships 64 11 12 13 14 community/event centers outdoor learning spaces parks trails pavilions City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 2 2. KA PROJECT TEAM John Huenink, VP Director Jenna Mead Director of Marketing, Referendum, & Project Planning PROJECT DIRECTOR Sarah Van Petten Referendum Coordinator Riley Zyduck Graphic Design Mary Kaeding Communications Laurisa Titterud Video and Podcast Production INTERNAL MARKETING RESOURCES Dustin Phillips Preconstruction Services Manager Megan Barnett-Livgard Communications Coordinator REFERENDUM / PRECONSTRUCTION TEAM The City of Cottage Grove has created the vision – Kraus-Anderson’s responsibility is to offer a roadmap for an inspiring community relations campaign that effectively involves and educates voters in your community. JOHN HUENINK, VP DIRECTOR John is a seasoned leader with a demonstrated track record of effectively guiding teams across diverse roles. With a wealth of experience in the planning and implementation of community referenda, John has consistently played an instrumental role in strategizing, executing, and achieving successful outcomes for multiple referendum initiatives. John possesses deep expertise in K-12 education services, enabling him to craft innovative and compelling messages that establish powerful connections between education and will transfer to the objectives of the City of Cottage Grove’s referendum. This unique skill set enhances and enriches the overall community experience, elevating the impact and resonance of your initiative. RELEVANT PROJECTS WASHINGTON COUNTY, STILLWATER, MN »Assessed all county parks and created a master plan for implementing projects over a 10-20 year period BAYPORT FIRE STATION, BAYPORT, MN »New 18,240 SF, 2-story fire station includes an apparatus bay and vehicle garages (to accommodate fire engines, boat, and rescue vehicles), gear storage room, EMS storage, training center, conference room, fitness center, offices, day room, kitchenette, and restrooms STILLWATER FIRE STATION, STILLWATER, MN »New 27,315 SF fire station includes apparatus bays and vehicle garages (to accommodate fire engines, boats, rescue vehicles, and command station equipment), improved training center capabilities complete with a training tower and smoke room, firefighter bunk rooms, fitness center with men’s and women’s locker rooms and showers, day room, kitchen, conference room, and offices SANFORD EVENT CENTER, BEMIDJI, MN »193,000 SF new event and convention center, support areas, and outdoor plaza area EDUCATION BS, Business Administration University of Wisconsin River Falls, River Falls, WI Technical Degree in Architectural Drafting Minneapolis Drafting School, Minneapolis, MN INDUSTRY EXPERIENCE Since 1987 JENNA MEAD DIRECTOR OF MARKETING, REFERENDUM, & PROJECT PLANNING Jenna is poised to take a significant role in spearheading the City’s community referendum planning and execution. She brings more than ten years of expertise in strategic public relations planning, community organizing, and communication implementation. Jenna will also provide a wide range of research, planning, and project development services to support the City’s initiatives. RELEVANT PROJECTS CITY OF HERMANTOWN, HERMANTOWN, MN »Referendum campaign and community engagement services for new parks, trail system, and hockey area CITY OF COTTAGE GROVE, COTTAGE GROVE, MN* »Referendum campaign services (Captivate Media) GIBBON-FAIRFAX-WINTHROP SCHOOLS, GIBBON, MN »Referendum campaign and community engagement services for a new pre-K-12 school MELROSE PUBLIC SCHOOL DISTRICT, MELROSE, MN »Referendum campaign and community engagement services for high school renovation, including career and technical education wing and new pool REDWOOD AREA SCHOOL DISTRICT, REDWOOD FALLS, MN »Referendum campaign and community engagement services for a 94,000 SF new pre-K-4 elementary school JORDAN PUBLIC SCHOOLS, JORDAN, MN »Referendum campaign and community engagement services for an elementary renovation and high school security MANKATO AREA PUBLIC SCHOOLS, MANKATO, MN »Referendum campaign services ROSEAU COMMUNITY SCHOOLS, ROSEAU, MN* »Referendum campaign services (Captivate Media) MCGREGOR INDEPENDENT SCHOOL DISTRICT, MCGREGOR, MN* »Referendum campaign services (Captivate Media) EDUCATION BS, Broadcast Journalism & Communications St. Cloud State University, St. Cloud, MN INDUSTRY EXPERIENCE Since 2014 City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 3 2. KA PROJECT TEAM DUSTIN PHILLIPS PRECONSTRUCTION SERVICES MANAGER Dustin will support the team during the preconstruction phase. He will be responsible for monitoring and refining the long- range and short-term plans to ensure the success of the project. Dustin’s relevant preconstruction experience will prove invaluable as constructability risks are anticipated, planned for, and effectively mitigated. RELEVANT PROJECTS CITY OF COTTAGE GROVE, COTTAGE GROVE, MN »New Glacial Valley Park Building »Utility Building: New utility and office building »River Oaks Golf Course: 1,500 SF addition to the banquet kitchen and storage area expansion and renovation CITY OF WOODBURY, WOODBURY, MN »Central Park, Lookout Ridge, and RH Stafford Library addition and renovations WASHINGTON COUNTY »Northern Environmental Center: 30,000 SF new Household hazardous waste and yard waste facility »St. Croix Bluffs Storage Building, Hastings, MN: New equipment storage building »Woodbury South Shop and Environmental Center: Master plan for future construction for various site locations MASTER PLAN EXPERIENCE: »City of Golden Valley »City of Roseville »City of Mounds View »City of Buffalo »City of Woodbury »City of South St. Paul »City of Stillwater »Washington County EDUCATION MS, Construction Management BS, Construction with a Minor in Business Administration University of Wisconsin - Stout, Menomonie, WI INDUSTRY EXPERIENCE Since 2006 MEGAN BARNETT-LIVGARD COMMUNICATIONS COORDINATOR Megan has 22 years of experience in both the public and private sectors, where she has helped to navigate many construction and development projects. She brings expertise in building consensus, understanding the public processes, and working with councils, boards, and task forces to ensure effective communication, engagement, and support is achieved. RELEVANT PROJECTS CITY OF WAYZATA, WAYZATA, MN »Phase 2A: Panoway Boardwalk: Preconstruction services only CITY OF WHITE BEAR LAKE, WHITE BEAR LAKE, MN »White Bear Lake Public Safety - Renovation »New police garage and fire station apparatus bay and associated remodeling projects »Public works facility assessment that included office, maintenance, storage, and yard spaces CITY OF ROSEVILLE, ROSEVILLE, MN »Campus master plan »Master planning services CITY OF GOLDEN VALLEY, GOLDEN VALLEY, MN »Master plan study CITY OF FARMINGTON, FARMINGTON, MN »Facility condition assessment »164,000 SF facility assessment of 8 buildings CITY OF MONTICELLO, MONTICELLO, MN »Facility condition assessment »Public Works facility assessment that included office, maintenance, storage, and yard spaces »DMV Relocation: 2,400 SF interior remodel EDUCATION BA, Local and Urban Affairs St. Cloud State University, St. Cloud, MN INDUSTRY EXPERIENCE Since 2005 City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 4 2. KA PROJECT TEAM 3. COMMUNITY REFERENDUM EXPERTISE Experts in Community Engagement and Referendum Services Having successfully managed $3.6 billion in referendum projects and boasting a 90% success rate at the polls, our dedicated team of community referendum experts at KA are wholly committed to each community they serve. A successful referendum goes beyond a simple “yes” or “no” vote. Fostering authentic engagement, transparency, and trust within the community is a direct outcome of a well-executed community relations referendum campaign. At Kraus-Anderson, we pride ourselves on forging close partnerships with community stakeholders and city leaders, working collaboratively to ensure voters comprehend what’s at stake, the necessity, and the impact of the proposed solution. Each community we engage with possesses its own unique values, facility needs, and financial considerations. We understand the resources available to city staff and are committed to expanding your toolkit while effectively coordinating all the components to achieve success. Our referendum marketing team has extensive experience in developing, executing, and managing all aspects of the referendum campaign. The dynamic and ever-changing nature of communities necessitates communication initiatives that are transparent, innovative, and strategically designed. Our objective is to tap into the influence of community leaders to achieve an organic, community- centered approach where the voices of those who understand the community best serve as the guiding force in fostering unity and progress. $3.6B+ in Total Passed Referendums 90% Referendum Success Rate “KA has been a trusted teammate from the very beginning of our project together. We knew it would be challenging to educate our residents about three different projects and how funding them through sales tax would work. The KA team made us feel confident we were taking the right steps to help our residents become informed voters on a complex issue. From ideation and planning to campaign implementation and fine tuning, KA continues to be an extension of our team as we found success at the polls and beyond.” - Joe Wicklund Director of Communications and Community Engagement, City of Hermantown City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 5 HERMANTOWN ICE ARENA Hermantown, MN City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 6 Project Overview Referendum Campaign Services: In partnership with the City of Hermantown, KA led a 0.5% local sales tax referendum to benefit three recreation projects: a reimagining of Fitchner Park, the completion of the citywide trail system and an ice sheet built alongside the hockey arena to increase access to ice time. Construction Services: Upon a successful referendum in November 2022, KA has continued to support the City with construction management services to help bring these projects to life. 4. PROJECT EXPERIENCE IRON TRAIL MOTOR EVENT CENTER Virginia, MN City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 7 Project Overview Referendum Campaign Services: Funding sources included a 1% sales tax increase approved by Virginia voters in 2018 and $12 million in state money approved by the Legislature in 2017. Construction Services: A two-story, 120,000 SF renovated event center that recognizes the City of Virginia’s mining history in the northern Minnesota community. The facility provides two state-of-the-art hockey and ice sports arenas, a 6,400 SF ballroom that can be divided into four 1,500 SF sections, two meeting rooms offering 1,000 SF of event space, and a 320 SF board room for meetings and conferences. The event center also provides fitness space and facilities for the health and wellness of the community. 4. PROJECT EXPERIENCE CIVIL ENGINEER Bolton & Menk, Inc. Valley Square Office Center, Suite 200 7575 Golden Valley Road Minneapolis, Minnesota 55427 Tel: (763) 544-7129 Fax: (612) 544-0531 STRUCTURAL ENGINEER BKBM Engineers, Inc. 6120 Earle Brown Drive, Suite 700 Minneapolis, Minnesota 55430 Tel: (763) 843-0420 Fax: (763) 843-0421 MECHANICAL ENGINEER Wold Architects and Engineers 332 Minnesota Street Suite W Two Thousand Saint Paul, Minnesota 55101 Tel: (651) 227-7773 Fax: (651) 223-5646 ELECTRICAL ENGINEER Wold Architects and Engineers 332 Minnesota Street Suite W Two Thousand Saint Paul, Minnesota 55101 Tel: (651) 227-7773 Fax: (651) 223-5646 H G F E D C B A1234 5 6 7 8 109 MN Set No: Comm No:11/8/2022 3:58:44 PMBIM 360://222064 - Glacial Valley Park Building/222064 Glacial Valley Park Building.rvtGLACIAL VALLEY PARK BUILDINGCITY OF COTTAGE GROVE Cottage Grove, MN 222064 Central: BIM 360://222064 - Glacial Valley Park Building/222064 Glacial Valley Park Building.rvt222064 CITY OF COTTAGE GROVE GLACIAL VALLEYPARK BUILDING 12800 RAVINE PARKWAY S COTTAGE GROVE, MN 55016 9900 RAVINE PKWY SCOTTAGE GROVE, MN 55016222064 ARCHITECTURAL A0.001 CODE ANALYSIS AND CODE PLAN A2.001 MAIN LEVEL FLOOR PLAN AND REFLECTED CEILING PLAN A2.095 ROOF PLAN A2.901 DOOR/FRAME/ STOREFRONT TYPES A4.101 DETAILS - GENERAL - SYMBOLS, ABBREVIATIONS, ENLARGED PLANS A4.701 DETAILS - INTERIOR WALL TYPES A4.705 DETAILS - INTERIOR WALL A4.706 DETAILS - INTERIOR ELEVATIONS A4.707 DETAILS - INTERIOR CASEWORK ELEVATIONS AND SECTIONS A4.801 DETAILS - INTERIOR DETAILS A5.101 EXTERIOR ELEVATIONS A5.200 EXTERIOR WALL AND PARAPET ASSEMBLIES A5.201 WALL SECTIONS A5.202 WALL SECTIONS A5.203 WALL SECTIONS A5.501 DETAILS - EXTERIOR WALL A5.601 DETAILS - EXTERIOR OPENINGS A5.602 DETAILS - EXTERIOR OPENINGS A5.603 DETAILS - EXTERIOR OPENINGS A5.701 DETAILS - EXTERIOR ROOF A6.001 DETAILS - SITE CIVIL C1.0 SITE LAYOUT AND FINISHING PLAN, LANDSCAPE PLAN, DETAILS AND NOTES STRUCTURAL S0.000 TITLE SHEET S2.001 FOUNDATION AND ROOF FRAMING PLAN S2.101 BRACED FRAME ELEVATIONS S3.001 SECTIONS AND DETAILS - FOUNDATION S3.101 SECTIONS AND DETAILS - ROOF S4.001 SCHEDULES AND DETAILS MECHANICAL M0.0 MECHANICAL TITLE SHEET M1.0 PLUMBING PLAN M2.0 HYDRONIC PLAN M3.0 HVAC PLAN M4.0 MECHANICAL ROOF PLAN M5.0 FIRE SUPPRESSION PLAN M6.0 DETAILS M6.1 DETAILS M6.2 DETAILS M6.3 SCHEMATICS AND DETAILS M6.4 SCHEDULES ELECTRICAL E0.00 ELECTRICAL SYMBOLS AND ABBREVIATIONS E0.01 ELECTRICAL SITE PLAN E1.00 LIGHTING / POWER & SYSTEMS PLAN E2.00 ROOF PLAN - SOLAR PANEL E3.00 MOTOR AND LUMINAIRE SCHEDULE VIEW FROM SOUTHEAST TOWARDS ENTRY (FOR REFERENCE ONLY) City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 8 Glacial Valley Park Project Overview The new park building will contain approximately 2,500 SF of space for community/class/meeting rooms, a kitchen, storage area, public warming room, playground, picnic shelters, various sporting facilities, and new trails. Glacial Valley is the first Cottage Grove community park to be built in 20 years, making it the latest addition to its extensive park system. River Oaks Golf Course Project Overview A 1,500 SF addition to the banquet kitchen and storage area. Utility Building Project Overview This facility is currently in the bidding state with Public Works and is schedule to be completed in 2024. CITY OF COTTAGE GROVE Glacial Valley Park Building River Oaks Golf Course New Utility Building 4. PROJECT EXPERIENCE K:\013154-000\Admin\Graphics\Final Preferred Concepts_Graphics\013154_Preferred Concepts CompiledScale in Feet 0’120’60’30’Sunny Square - Concept Plan New Brighton, Minnesota February 24, 2020 | WSB Project number: 013154-000 EXERCISE PODS EXERCISE LOOP OPEN LAWN AREA IMPROVED BALLFIELD (300’) STORMWATER TREATMENT PARKING AREA(43 STALLS) CONNECT TO EXISTING TRAIL SPECTATOR SEATING AREA PLAY AREA CONNECT TO REGIONAL TRAIL PARENT SEATING / SHELTER AREA OPEN AIR PICNIC SHELTER WITH PERMANENT RESTROOMS LON G V I E W D R LON G V I E W D RCEDAR DRCEDAR DRSUNNYSIDE TERRACESUNNYSIDE TERRACE EASTMAN DREASTMAN DR GREGORY DRGREGORY DR SUNBOW LNSUNBOW LNLONGVIEW DRLONGVIEW DRK:\019696-000\Graphics\019696_RecreationSitePlan-Totem_2022Recreation Site Plan Totem Pole Park - New Brighton, Minnesota Scale in Feet 0’60’30’ North IMPROVED BALLFIELD WITH ACCESS ROUTE, NEW FENCING & BACKSTOP & SPECTATOR AREA PARK BOUNDARY EXISTING BALLFIELD PROPOSED PICKLEBALL COURTS (4)WITH SEATING 5’ WIDE AGGREGATE TRAIL LOOP (ALTERNATE) THROUGH EXISTING SAVED TREES EXISTING SIDEWALK PROPOSED CROSSWALK W/PED RAMPS AT CURBS (SEPARATE) PROPOSED BASKETBALL & BANKSHOT COURTS W/SEATING PROPOSED 5’ WIDE SIDEWALK PROPOSED 8’ WIDE ASPHALT TRAIL / ACCESSIBLE ROUTES EXISTING TRANSIT STOP EXISTING OHP LINES PROPOSED OFF-STREET PARKING LOT: 37 STANDARD & 2 HC STALLS OHP OHP OHP POTENTIAL STORMWATER TREATMENT AREA PROPOSED MULTI-AGE PLAYGROUND W/WOOD FIBER SURFACING BY OTHERS PROPOSED OPEN AIR SHELTER W/TWO RESTROOMS & PROGRAM SPACE/PAD PROPOSED RETAINING WALL TOTEM POLE PARK: 5 ACRES PARK MONUMENT SIGN (BY OTHERS)FOSS ROADFOSS ROAD 9TH AVE SW 9TH AVE SWCITY OF NEW BRIGHTON Signature Printed Name & Title Date Jennifer Fink, Director 03/24/2022 SUNNY SQUARE PARK TOTEM POLE PARK City of New Brighton, MN City of New Brighton, MN City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 9 Project Overview KA provided preconstruction and construction services to the City of New Brighton on the Sunny Square Park renovation, including new trails, exercise spaces, a playground, a pavilion, and new park/bathroom facilities. Project Overview KA is currently in construction with the City of New Brighton on renovations to Totem Pole Park, including new pickle ball courts, a reconstructed baseball field, and a new parking lot with site lighting. 4. PROJECT EXPERIENCE City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 10 5. COMMUNITY RELATIONS STRATEGY Current Status and Roadmap for Future Success Similar to many communities, Cottage Grove is experiencing a generational shift and growing enthusiasm for the opportunity to enjoy the outdoors, engage in physical activity, connect with friends, and partake in recreational activities. Being a community with a small-town atmosphere in a growing suburb, we understand there have been shifts in neighborhood dynamics. Property lots are becoming more compact, leading to an increased demand for additional parks and recreational facilities. Guided by feedback from residents, City leaders, and staff are putting a half-cent local option sales tax on the November 2024 ballot to fund $36 million improvements for Hamlet Park, Mississippi Dunes Park, and River Oaks Golf Course and Event Center over the next 20 years. The Kraus-Anderson team spearheads several referendum campaigns with our public sector partners every year. We understand the resources available to city staff and are committed to expanding your toolkit while effectively coordinating all the components of the campaign to ensure its success. Engaging closely with City officials and staff throughout the process is essential for bolstering their endorsement’s credibility to the referendum. This, in turn, significantly impacts public perception, fostering trust and confidence among voters. To ensure a highly effective campaign that is uniquely tailored to your community’s needs and objectives, we will guide the way through a comprehensive four-step strategic communications process. Delivering a Personalized Communication Strategy Research We start with the end in mind by analyzing data collected by the City of Cottage Grove. Digging into the results from the Reimagining Recreation community survey, conducting information-gathering meetings, and examining what modes of communication are most effective in your community will assist in effectively telling the story of where your community has been and what the future holds. Planning In this step, our team gets to assemble a tailored community relations and communication plan outlining key strategies, timelines, and responsibilities. KA will lead branding, key message development, direct mail, website design, social media calendars, video outlines, and any other communication strategy needed. In the planning phase, KA will define specific, measurable, and achievable goals for the campaign. Implementation They say “devil’s in the details,” and our well-managed marketing team can make a significant difference in ensuring a communications plan’s success from start to finish. In the implementation phase, we put the plan into action, with each specific tactic and action unfolding weekly. From the public’s perspective, the plan’s execution should be seamless and reflect a well-thought-out process. Evaluation Evaluation and adaptation are essential to ensure your community relations campaign remains effective and responsive to the evolving needs and perceptions of the community we’re engaging with. It’s a vital ongoing process during the implementation phase that leads to a stronger and more positive relationship between your organization and the community. Every week during the active campaign, we identify what’s working and what’s not. This allows our team to build on successful strategies and adjust or eliminate ineffective ones. With 80% of our work coming from repeat clients, KA’s internal marketing department boasts a proven track record in successfully crafting and executing referendum campaign strategies. This ensures a highly coordinated effort to ignite excitement for referendum projects. City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 11 5. COMMUNITY RELATIONS STRATEGY REFERENDUM CAMPAIGN EXAMPLE: On November 8, Hermantown voters will decide whether to approve a local half-percent sales tax option to fund the community recreation initiative. The three components of the plan include the completion of the city-wide trail system, a reimagining of Fichtner Park, and an addition to the existing hockey arena. Community Recreation Initiative Information ½% The cost and tax impact If voters approve at least one ballot question, collections from the half-percent sales tax would be used to finance the cost of any and all approved projects. The half-percent increase aligns Hermantown’s sales tax with neighboring Duluth. This method has already proven successful in Hermantown, as the Essentia Wellness Center is funded with sales tax dollars. of Hermantown’s sales tax is paid by non-residents per 2022 research by the University of Minnesota 75%75%Why use a local option sales tax? A sales tax would spread the cost of improvement projects among both residents and non-residents. In contrast, a property tax increase would apply solely to those who own or rent property in Hermantown. If approved, the Community Recreation Initiative will have a $0 impact on property taxes, just like the Essentia Wellness Center. Voting Information 5 Vote on or before November 8, 2022 5 Early voting begins on September 23, 2022 at Hermantown City Hall Prepared and paid for by the City of Hermantown, 5105 Maple Grove Road, Hermantown, MN 55811 This publication is not circulated on behalf of any candidate or ballot questions. Visit Hermantownmn.com/vote to learn more! FOLLOW US! @Hermantownmn SCAN SCAN ME!ME! Whether one, two, or three of the components pass, the sales tax increase is the same; a half percent. What will the plan do? Complete City-Wide Trail System y Develop an accessible, safe regional trail system that accommodates multiple non- motorized uses. y Connect the school, Essentia Wellness Center, Hermantown Marketplace, and three parks before heading through Proctor to the Willard Munger Trail. y Allow safe routes to school for students and traffic-free enjoyment for all. Reimagine Fichtner Park y Rather than improve aging equipment piece-by-piece, the entire area would be reimagined as a true “central park” for the community. y A newly-turfed field allows for maximization of the small window for spring baseball and greater access for multi-sport opportunities. y Improved playground equipment, skatepark, basketball court, and overall layout creates a safer park design. Addition to Existing Hockey Arena y A second sheet of indoor ice alleviates scheduling demands currently pushing families to non-local rinks. y The addition would also update outdoor rinks, locker rooms, and lobby with a connecting mezzanine. y The additional arena serves as an economic driver, adding 20 jobs during construction and moving the current $4.7 million economic impact up to $7 million. VIDEO AND SOCIAL MEDIA CAMPAIGN The marketing team at KA will develop and implement to increase awareness of the referendum, delivering updates, addressing inquiries, and fostering community engagement. DISPLAY BOARDS Often used at public events, community centers, or polling places to visually convey key information about the referendum. REFERENDUM WEBSITE This will be the dedicated, user-friendly online platform where voters can find comprehensive information about the referendum. What will the plan do? Complete City-Wide Trail System y An accessible, safe regional trail system that accommodates multiple non-motorized uses. y Connect the school, Essentia Wellness Center, Hermantown Marketplace and three parks before heading through Proctor to the Willard Munger Trail. y Allow safe routes to school for students and traffic-free enjoyment for all. Reimagine Fichtner Park y Rather than improve aging equipment piece-by-piece, the full area would be reimagined as a true “central park” for the community. y A newly-turfed field allows for maximization of the small window for spring baseball and greater access for multi-sport opportunities. y Improved playground equipment, skatepark, basketball court, and overall layout creates a safer park design. Addition to Existing Hockey Arena y A second sheet of indoor ice alleviates scheduling demands currently pushing families to non-local rinks. y The addition would also update outdoor rinks, locker rooms, and lobby with a connecting mezzanine. y The additional arena serves as an economic driver, adding 20 jobs during construction and moving the current $4.7 million economic impact up to $7 million. On November 8, Hermantown voters will decide whether to approve a local half-percent sales tax option to fund the community recreation initiative. The three components of the plan include the completion of the city-wide trail system, a reimagining of Fichtner Park, and an addition to the existing hockey arena. Whether one, two, or three of the components pass, the sales tax increase is the same; a half percent. Community Recreation Initiative Information Investing in our health The success of the Essentia Wellness Center has shown how Hermantown can leverage sales tax to work toward improved health outcomes. St. Louis County has long been in Minnesota’s bottom quartile of health outcomes, and Hermantown is committed to improving that ranking. Combining this health-driven mindset with a need for greater recreation opportunities has found synergy in the three component projects making up the Community Recreation Initiative. ½% Despite our national notoriety for high school hockey, the lone support provided by the City of Hermantown is a $3,000 water discount for the outdoor rinks. 5105 Maple Grove Road Hermantown, MN 55811 The cost and tax impact If voters approve at least one ballot question, collections from the half-percent sales tax would be used to finance the cost of any and all approved projects. The half-percent increase aligns Hermantown’s sales tax with neighboring Duluth. This method has already proven successful in Hermantown, as the Essentia Wellness Center is funded with sales tax dollars. of Hermantown’s sales tax is paid by nonresidents per 2022 research by the University of Minnesota 75%75% Why use a local option sales tax? A sales tax would spread the cost of improvement projects among both residents and non-residents. In contrast, a property tax increase would apply solely to those who own or rent property in Hermantown. If approved, the Community Recreation Initiative will have a $0 impact on property taxes, just like the Essentia Wellness Center. Voting Information 5 Vote on or before November 8, 2022 5 Early voting begins on September 23, 2022 at Hermantown City Hall Prepared and paid for by the City of Hermantown, 5105 Maple Grove Road, Hermantown, MN 55811This publication is not circulated on behalf of any candidate or ballot questions. Visit Hermantownmn.com/vote to learn more! FOLLOW US! @Hermantownmn SCAN SCAN ME!ME! PHYSICAL OR DIGITAL BROCHURE Sent directly to residents’ mailboxes or email inboxes. It typically contains information about the upcoming referendum, including details about what is being voted on, the potential impact, and instructions on how to vote. In 2022, the KA team worked closely with the City of Hermantown on their referendum campaign through community outreach and communications planning. Teaming up with KA, we can spearhead an integrated campaign to inform, engage, and motivate the community to participate in the voting process. Each strategy caters to different communication preferences for diverse audiences. City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 12 6. TIMELINE Milestone planning and coordination are critical for a successful referendum, and we approach it as “setting the stage” for the months leading up to Election Day. Building off the City’s need for a bond referendum and why it is critical for the City of Cottage Grove’s future success, we will work closely with the City to create a compelling story that focuses on where the City is currently is at, the challenges it faces, and the proposed solutions. From there, Kraus-Anderson can set milestone dates to communicate with community stakeholders. Based on past successful experience, our process identifies each team member’s role and when they need to be engaged in the overall timeline to provide the necessary input to allow the team to make informed decisions. TIMELINE DELIVERABLES EXPECTATIONS June Research »Information gathering meetings »Analysis of data from Reimagining Recreation survey »Identification and understanding of the intended audience »Examination of modes of communication employed by the city City Staff to provide survey data to KA and be available for information gathering meetings July - August Planning »Communication Strategy Development and Timeline »Creation of tailored key messages »Customized referendum branding and development of communication materials »Creation of referendum website that is linked to the City website »Video production utilizing resources through SWCTC KA marketing team to lead strategy development, key messaging, and design City Staff to attend weekly 30-minute virtual meetings with the KA marketing team to provide feedback Elected Officials to be available for video production and council updates September - November Implementation Evaluation »Executing the communications strategy involves disseminating referendum information to voters through a variety of public channels –Public information meeting materials –Videos –Social media content –Council updates –Direct email –Monthly newsletter –Display boards City Staff are tasked with utilizing the given key messages in monthly newsletters, direct email communications, and continuously looping content for television displays. City Staff and Elected Officials are available for community information meetings, newspaper editorials, and council updates City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 13 7. COST PROPOSAL *Upon a successful referendum, KA would appreciate the opportunity to continue to support the City with CM services to help bring this project to life. If selected, KA would waive the fees associated with the referendum services. Our CM fees would be very similar to those currently utilized by the City. Planning and Referendum Fee for Services KA propose to a lump sum fee of $9,500. KA is happy to work with the City on these fees pending a successful referendum and KA hired for CM services. Following is a list of service: »Confirm City’s visions and goals »Further define options and budget »Present solution scenarios to council »Stakeholder and community engagement as needed »Final documentation of selected options and budget »Branding and key message development »Referendum campaign management »Social media and video campaign »Design campaign deliverables needed »Bulk printing and mailing paid directly by City City of Cottage Grove | RFP for Community Relations/Education Services | PAGE 14 8. SUMMARY OF SERVICES Pre-Project Planning »Conceptual Cost Estimating »Cash Flow Projections »Preliminary Schedule »Construction Phasing Strategy »Design/Constructability Review »Permit Process Coordination Building Science »Visualizes Design Intent »Aids Layout & Fabrication »3D Laser Scanning »Drone Services »Documents Existing & As-Built Conditions »Supports Estimating Preconstruction »Scope & Budget Development »Cost Estimating »Schedule Development »Value Management »Constructability Reviews »MEP Review »Sustainability Analyses »Quality Control/ Assurance »Long-Lead Procurement »Compliance »Permitting BIM/VDC »Utilized Throughout Project »Identifies Benefits & Concerns During Design »Reduces/Eliminates Rework »Constructability Reviews »Bid Document Review Construction »Bidding & Procurement »Subcontractor Coordination »Field Supervision »MEP Coordination »Document & Change Management »Schedule »Contract Administration »Material & Equipment Procurement »Cost Control »Quality Control »Insurance Administration MEP Coordination »Instrumental in Preconstruction »Cost Estimating »Commissioning/ Turn-over »Construction As-Built Review Post-Occupancy »Owner’s Fit-Up/FF&E Coordination »Final Cost Accounting »Commissioning »Punch List Management »Warranty Safety »Site-Specific Safety Plan »Controls/Mitigates Risks »Safety Orientation & Training »Daily Activity on the Jobsite In-House Technically Resources Our Services City of Cottage Grove Community Relations/Education Services | 10.20.23 LOCAL OPTION SALES TAX REFERENDUM FOR RECREATIONAL IMPROVEMENTS October 20, 2023 Mr. Zac Dockter Parks and Recreation Director City of Cottage Grove 8635 W. Pt Douglas Road S. Cottage Grove, MN 55016 Re: Community Relations/Education Services for the City of Cottage Grove’s Local Option Sales Tax Referendum for Recreational Improvements Dear Mr. Dockter: ICS is pleased to submit our response to provide community relations/education services for the City of Cottage Grove. Our team understands the City of Cottage Grove’s desire to work with an experienced consulting firm to assist with the planning, education, and communication efforts for your upcoming referendum. We feel our approach provides several advantages for the City of Cottage Grove, including: • We have an experienced and knowledgeable in-house referendum communications team. Our team can assist with strategic core messaging, branding, website management, printed materials, and more. • In addition to our in-house marketing team, ICS has an established relationship with Rapp Strategies, an experienced and strategic communications firm specializing in public sector referendums. Their team has assisted in similar communication efforts totaling more than $3 billion in facility projects. • ICS has successfully helped our clients pass over $2.2 billion in referendum projects throughout the Midwest. • Our team has experience working with all phases of a project from planning to final project close-out. If the referendum successfully passes, our team is able to seamlessly transition into the construction management aspect of this project. ICS is a construction management firm that has pioneered an integrated approach to passing public referendums. In most cases where ICS has assisted with public referendum campaigns, we also provide construction management services after successful public funding elections. Based on our experience and track record, ICS does not offer pre-referendum and referendum services on a standalone basis. Referendum services outlined in this RFP response are contingent upon ICS being selected as Construction Manager. I am confident that ICS is well suited to exceed your expectations serving in this capacity and will make sure this project is a great success for both you and your community. If you should have any questions regarding any of the information in our response, please feel free to contact me at 612.817.1048 or pat.overom@ics-builds.com. We look forward to the potential of partnering with the City of Cottage Grove to make this project successful. Sincerely, Pat Overom, PE Principal-in-Charge ICS 1331 Tyler Street Northeast Suite 101 | Minneapolis, Minnesota 55413 www.ics-builds.com P: 763.354.2670 | F: 763.780.2866 04 Firm Profile 07 Project Team 14 Referendum Experience 18 Project Examples 36 Referendum Project Approach 48 Referendum Timeline 51 Cost Proposal 53 Construction Management Approach TABLE OF CONTENTS 4 | FIRM PROFILE FIRM PROFILE Commissioning Re-Commissioning Retro-Commissioning Energy Audits Energy Rebates Utility Services Long-Term Facilities Maintenance Management Building Forensics OPERATE Construction Management as Agent Construction Management at Risk Program Management Owner’s Representation Design-Build Performance Contracting Constructability Review Value Analysis and Engineering BUILD Referendum Planning and Communications Facilities Assessment Capital Improvement Planning Long-Range Planning Space Utilization and Programming Community Engagement Physical Needs Analysis & Asset Plans Funding Analysis & Cost Estimating PLAN Since 2006, ICS has been positively impacting people through innovative facility solutions. We integrate expertise in facilities planning, funding, construction, and ongoing operations to be successful. OUR TEAM HELPS YOU PLAN, BUILD, AND OPERATE YOUR BUILDINGS WELL. HERE’S HOW: FIRM PROFILE | 5 / @ics_consulting_ / ics consulting, inc. / @icsconsultinginc CONNECT WITH US / ics-builds.com PEOPLE ACROSSOFFICES MN: Minneapolis, Duluth, Sauk Rapids, Park Rapids, Brainerd, and Mankato Fargo, ND; Sioux Falls, SD; West Des Moines, IA; and Media, PA 6 | FIRM PROFILE PROJECT TEAMPROJECT TEAM | 7 PAT OVEROM PE Principal-in-Charge YEARS OF EXPERIENCE 26 years EDUCATION BS, Mechanical Engineering — North Dakota State University PROFESSIONAL DESIGNATIONS Professional Engineer: MN, ND, WI AFFILIATIONS ASHRAE, MASBO, MASMS, MASA PROJECT EXPERIENCE • City of Litchfield 2022 Referendum Project — Litchfield, MN • Brainerd Public Schools 2018 Referendum Projects — Brainerd, MN • Albany Area Schools 2022 Referendum Projects — Albany, MN • Becker Public Schools 2021 Referendum Projects — Becker, MN • Richfield Public Schools 2018 Referendum Project — Richfield, MN • ISD 197 (West St. Paul Public Schools 2018 Referendum Project — Mendota Heights, MN • Worthington Public Schools 2019 Referendum Projects — Worthington, MN With over 26 years of relevant experience, Pat possesses a diverse and extensive background in overall facilities planning, project development, and construction. As Principal-in-Charge for the City of Cottage Grove project, Pat provides expert insight and recommendations related to planning, communication strategies, community engagement, constructability and phasing, as well as resolving project-related issues. His understanding of first cost, life-cycle, energy efficiencies, facilities planning, construction, and overall building systems operation make him an excellent team member for the City of Cottage Grove project. 8 | PROJECT TEAM PROJECT TEAM | 9 CHRIS ZIEMER CSI, LEED AP Project Development Director YEARS OF EXPERIENCE 23 years EDUCATION MA, Architecture — University of Minnesota BA, Architecture — University of Minnesota PROFESSIONAL DESIGNATIONS Construction Documents Technologist, CSI, LEED AP BD+C PROJECT EXPERIENCE • City of Kasson Library Repairs, Municipal Liquor Store Improvements and new Fire Station — Kasson, MN • City of Cohasset - Blackwater Banks (Lumber Mill Redevelopment) — Cohasset, MN • City of Owatonna Assessment and Merril Hall Improvements — Owatonna, MN • Martin County Regional Justice Center — Fairmont, MN • City of Litchfield Bernie Aaker Theater Renovation — Litchfield, MN* • Farmington City Hall and Maintenance Garage — Farmington, MN* • St. Paul Police Headquarters — St. Paul, MN* • McLeod County Courts and Jail Planning — Glencoe, MN* Chris has been involved in the construction industry for over 23 years, and has extensive experience in all aspects of the construction process from pre-construction planning and project development to project close-out and documentation. With hands-on experience passing referendums in Minnesota, Chris is able to provide valuable insight and management skills related to planning referendum initiatives, community engagement, communication strategies, site planning, and implementation. In addition, Chris’s architectural background makes him a great team member for the City of Cottage Grove project. *Projects completed with previous firm. KRISTIN DUERR Client Liaison/Business Development YEARS OF EXPERIENCE 11 years EDUCATION BA, Psychology — University of Minnesota Twin Cities AFFILIATIONS LMC, AMC, IFMA PROJECT EXPERIENCE • North Hennepin Community College Energy Assessment — Brooklyn Park, MN • Steele County Detention Center — Owatonna, MN • City of Maple Grove Public Works Facility LED Lighting — Maple Grove, MN* • Miller Manufacturing Large Warehouse & Energy Project — Anoka, MN* • Rockford Public Schools Exterior LED Lighting Design & Implementation — Rockford, MN* • Goodin Company Office & Warehouse Renovation — Minneapolis, MN* • Mound-Westonka Schools High School Energy Study — Minnetrista, MN* With over 11 years of experience in the construction industry, Kristin has extensive experience in various collaborative project delivery methods including CMaR, CMa, and Design- Build. She also has experience working with a variety of market sector clients including city and county, developers, higher education, industrial, healthcare, and more. She works closely with the project team, project architect, and city stakeholders to set the tone for the City of Cottage Grove project. *Projects completed with previous firm. 10 | PROJECT TEAM ERYN SORENSEN Referendum Communications Specialist YEARS OF EXPERIENCE 11 years EDUCATION BS, General Business — University of Northwestern, St. Paul AFFILIATIONS Society of Marketing Professional Services (SMPS- TC) Board of Directors PROJECT EXPERIENCE • City of Litchfield 2022 Referendum Project — Litchfield, MN • Brainerd Public Schools 2018 Referendum Project — Brainerd, MN • Mora Public Schools 2020 Referendum Project — Mora, MN • Nashwauk-Keewatin Public Schools 2022 Referendum Project — Nashwauk, MN • Albany Area Schools 2022 Referendum Project — Albany, MN • Lake Superior School District 2021 Referendum Project — Two Harbors, MN • Becker Public Schools 2021 Referendum Project — Becker, MN • ISD 197 (West St. Paul Public Schools 2018 Referendum Project — Mendota Heights, MN • Richfield Public Schools 2018 Referendum Project — Richfield, MN • Worthington Public Schools 2019 Referendum Project — Worthington, MN Eryn will serve as a Referendum Communications Specialist for the City of Cottage Grove project. With over 11 years of experience in providing effective and strategic communications, she will work closely with project stakeholders during this process to ensure that local community members are aware and engaged. Whether that means creating a website, branding, fliers, mailers, social media messages and graphics, or strategic core messages, she makes an excellent member of the project team. PROJECT TEAM | 11 SEAN DONOHUE CDMP, PCM YEARS OF EXPERIENCE 6 years EDUCATION BA, Communications and Graphic Design — Saint John’s University (Minn.) CERTIFICATIONS Certified Digital Marketing Professional (CDMP), Professional Certified Marketer (PCM) AFFILIATIONS American Marketing Association (AMA) PROJECT EXPERIENCE • Albany Area Schools 2022 Referendum Project — Albany, MN • Becker Public Schools 2021 Referendum Project — Becker, MN • Brandon-Evansville Public Schools 2021 Referendum Project — Brandon, MN • Chisago Lakes School District 2022 Referendum Project — Chisago Lakes, MN • Rush City Public Schools 2023 Referendum Project — Rush City, MN Sean will serve as the Referendum Communications Specialist for the City of Cottage Grove project. With six years of experience planning and executing complex marketing campaigns, he will work closely with Eryn and the City of Cottage Grove project stakeholders during this process to ensure that local community members are aware and engaged during the life-cycle of this project. Additionally, as a Certified Digital Marketing Professional and Professional Certified Marketer by the Digital Marketing Institute and the American Marketing Association, Sean provides expert insight and guidance into digital marketing initiatives, best practices, and analytical insight for the duration of the referendum. Sean will support Eryn in creating various marketing materials. This includes creating a website, branding, fliers, mailers, social media messages and graphics, or strategic core messages, he makes an excellent member of the project team. Referendum Communications Specialist 12 | PROJECT TEAM JODI BOYNE Referendum Communications Consultant (Rapp Strategies) YEARS OF EXPERIENCE 22 years EDUCATION BA, Journalism and Political Science — University of St. Thomas Jodi will serve as a Referendum Communications Consultant for the City of Cottage Grove project. With over 22 years of experience providing strategic communications services for public-sector clients across the Midwest, Jodi offers strong experience in writing and editing, project management, media relations, social media, and digital news reporting. She understands how to manage difficult issues that arise on public projects, helping address public questions and build trust with key constituencies, making her a valuable member to the City of Cottage Grove project. As a member of Rapp Strategies, Jodi will work closely with Todd Rapp, CEO of Rapp Strategies, Eryn, Sean, and any city stakeholders during this project to ensure that local community members are aware and engaged. PROJECT TEAM | 13 PROJECT EXPERIENCE • Litchfield Public Schools May 2023 Referendum Project — Litchfield, MN • Annandale Public Schools 2023 Referendum Planning — Annandale, MN • Rose Tree Media School District New Elementary School Communications Project — Media, PA • Lake Park Audubon School District November 2023 Operating Levy Project — Lake Park, MN • ISD 318 (Grand Rapids Schools) November 2023 Operating Levy and Capital Projects Levy — Grand Rapids, MN • St. Francis Area Schools November 2023 Operating Levy and Capital Projects Levy — St. Francis, MN 14 | REFERENDUM EXPERIENCE REFERENDUM EXPERIENCE Ada-Borup-West School District $4.7 million — November 2014 Atwater Cosmos Grove City School $15.5 million — November 2018 Albany Area Schools $16.96 million — August 2022 Albert Lea Area Schools $24.615 million — May 2018 Belgrade-Brooten-Elrosa Schools $19.945 million — November 2019 Becker Public Schools $23 million — November 2013 Becker Public Schools $44.3 million — November 2021 Brainerd Public Schools $145.71 million — April 2018 Brandon-Evansville Public Schools $14.5 million — November 2021 Cambridge-Isanti Schools $10 million — November 2013 City of Litchfield $13.5 million — November 2022 Chisago Lakes School District $64.95 million — May 2017 Clearbrook-Gonvick District 2311 $1.845 million — November 2018 Cochrane-Fountain City School District $7 million — November 2017 Dawson-Boyd Public Schools $22.7 million — February 2019 Deer River Schools $10.59 million — September 2015 Delano Public Schools $46 million — November 2015 East Central Schools $1.4 million — August 2022 Forest Lake Area Schools $143 million — November 2015 Fosston Public Schools $11.195 million — November 2018 Frazee-Vergas Public Schools $3.47 million — November 2018 Granada Huntley East Chain School District $6.91 million — November 2015 Goodhue Public Schools $29 million — November 2018 Hancock Public School District $7.8 million — November 2018 Hinckley-Finlayson Schools $10 million — November 2017 Holdingford Public Schools $11.14 million — November 2018 Hutchinson Public Schools $44.955 million — November 2015 Hutchinson Public Schools $28.8 million — November 2019 in successful voter-approved referendums in the last decade OVER $2.2 BILLION Independent School District #2 $4 million — May 2017 Independent School District 318 $68.9 million — April 2018 Independent School District 518 $47.7 million — November 2019 Kasson-Mantorville Schools $39.8 million — May 2014 Kerkhoven-Murdock-Sunburg School District $10.735 million — November 2013 Kimball Area Public Schools $8.1 million — August 2022 Lake Park Audubon Public Schools $22.96 million — November 2021 Lake Superior School District $44.1 million — November 2021 Litchfield Public Schools 465 $33.1 million — November 2019 Luverne Public Schools $23.2 million — November 2017 MACCRAY Public Schools $39.515 million — November 2019 Marshall Public Schools $29.8 million — May 2019 Menahga Public Schools $14 million — November 2017 Minto Public School $5.8 million — September 2014 REFERENDUM EXPERIENCE | 15 WE PARTNER WITH YOU TO ENGAGE YOUR COMMUNITY Monticello Public School District $39.325 million — November 2015 Mora Public Schools $19.7 million — May 2015 Mora Public Schools $3.4 million — November 2017 Mora Public Schools $61.9 million — May 2020 Nashwauk-Keewatin Schools $47.7 million — February 2022 New Prague Area Schools $57 million — May 2015 Northland Community School $26.22 million — November 2015 Onamia Public Schools $12 million — February 2012 Park Rapids Area Schools $51.65 million — November 2021 Park River Area School District $8.9 million — November 2014 Pelican Rapids Public Schools $21.95 million — November 2013 Pequot Lakes Public Schools $33.175 million — February 2011 Perham-Dent Public Schools $45.27 million — November 2015 Princeton Public Schools $29.95 million — May 2014 Red Lake County Central ISD 2906 $14.12 million — February 2022 Red Lake Falls School District $8.4 million — November 2019 Richfield Public Schools $86.8 million — November 2017 Rockford Area School District 883 $27 million — November 2012 Rushford-Peterson Public Schools $38.165 million — November 2014 Sauk Rapids-Rice Public Schools $37.1 million — November 2019 School District 197 (West St. Paul, Mendota Heights, Eagan) $117 million — May 2018 School District of Ashland $34.36 million — April 2016 Shakopee Public Schools $102.5 million — May 2015 South St. Paul Public Schools $26.675 million — May 2013 St. Charles Public Schools $18.47 million — November 2019 We’re passionate about partnering with our clients from the very beginning. Since our inception, we’ve focused on building strong connections with our clients through long-range planning, facility assessments, demographics and financial analyses, space utilization and programming, community engagement and facilitation, solutions and project development, pre-referendum communications, and more. St. Francis Area School District $80.06 million — November 2017 Tracy Area Public Schools $3.4 million — November 2013 Triton Public Schools $9.59 million — November 2011 Wadena-Deer Creek Public Schools $5.3 million — November 2017 Watertown Mayer Public Schools $25.375 million — November 2019 Wheaton Area Schools ISD #803 $1.2 million — November 2020 Win-E-Mac Public Schools $5.652 million — November 2013 Waubun-Ogema-White Earth Schools $7.74 million — November 2019 16 | REFERENDUM EXPERIENCE REFERENDUM EXPERIENCE | 17 OUR STRATEGIC COMMUNICATIONS, PUBLIC ENGAGEMENT, AND COMMUNITY OUTREACH PARTNER RELEVANT EXPERIENCE • City of Litchfield 2022 Local Option Sales Tax Referendum • City of Elk River 2018 Local Option Sales Tax Referendum • City of Edina 2022 & 2023 Local Option Sales Tax Referendum • City of Maple Grove 2022 Local Option Sales Tax Referendum • Itasca County 2022 Local Option Sales Tax Referendum • City of Bloomington 2023 Local Option Sales Tax Referendum (In progress) • City of Golden Valley 2023 Local Option Sales Tax Referendum (In progress) • City of Rochester 2023 Local Option Sales Tax Referendum (In progress) • City of Moundsview 2023 Local Option Sales Tax Referendum (In progress) ABOUT RAPP STRATEGIES Rapp Strategies has developed strategy and communications materials to support local governments on more than $3 billion in major public construction projects. Many governments turn to Rapp Strategies to help meet their residents’ expectations for timely information about public investments that require voter approval. In fact, Rapp Strategies has provided local governments with communications support for 87 referendum elections over the past two decades. We are pleased that our clients succeeded 63 times, including local sales tax in Maple Grove, Edina, Litchfield and Itasca County in November 2022. HIGH-VALUE SUPPORT AND SERVICES Rapp Strategies can get you and your staff started with the right strategy and the right materials to help you launch a public information program, including messaging and research to support your efforts. Further, Rapp Strategies provide ongoing communications support throughout the election season that complement your staff’s resources and skills – from managing all communications to providing specialized services that supplement your staff’s strengths. ICS partners with Rapp Strategies, Inc. to develop and implement high quality public information and community engagement plans during facility planning. 18 | PROJECT EXAMPLES PROJECTEXAMPLES • City of Owatonna Assessments & CIP Services — Owatonna, MN • City of Columbia Heights New Library — Columbia Heights, MN • City of Columbia Heights City Hall Planning — Columbia Heights, MN • City of Hibbing Assessments — Hibbing, MN • City of Pequot Lakes Assessments — Pequot Lakes, MN • City of Litchfield Planning — Litchfield, MN • City of St. Paul Assessments Phase I and II — St. Paul, MN • Osseo Area Schools Long-Range Planning 2018, 2019, 2020, 2021, and 2022 — Various Cities in the Maple Grove Area • City of Kasson Library — Kasson, MN • City of Kasson Fire Station — Kasson, MN • City of Grand Rapids New Fire Hall — Grand Rapids, MN • City of Cohasset Blackwater Banks — Cohasset, MN • City of Grand Rapids IRA Civic Center — Grand Rapids, MN • Hubbard County Facilities Planning — Park Rapids, MN • Anoka County Centennial Library — Circle Pines, MN • Anoka County Courthouse — Anoka, MN • Anoka County 911 Facility, Jail, and New Parking Ramp — Anoka, MN • Koochiching County Facility Assessment — International Falls, MN • Koochiching County Jail & Law Enforcement Center — International Falls, MN • Martin County Justice Center — Fairmont, MN • Olmsted County OCHRA Assessments — Owatonna, MN • Wadena County Courthouse — Wadena, MN • City of St. Paul Como Park Regional Pool — St. Paul, MN • Como Park Zoo Visitor & Education Resource Center — St. Paul, MN • City of Rochester National Volleyball Center — Rochester, MN • City of Rochester Recreational & Senior Center — Rochester, MN • Minneapolis City Hall/Hennepin County Courthouse — Minneapolis, MNCITY & COUNTY EXPERIENCEWhile the needs of buildings have certainly changed over the last decade, the need for thoughtful planning has not. Whether additions, renovations, or building new, our team has worked on various facility projects across the Midwest. PROJECT EXAMPLES | 19 OWNER City of Litchfield Dave Cziok City Administrator 320.693.7201 dave.cziok@ci.litchfield.mn.us COMPLETION Anticipated Fall 2025 COST $13.5 million SERVICES PROVIDED Planning and project development services, referendum communication services, program management, technical services In November 2022, residents of the City of Litchfield approved a one-half of one percent sales tax increase to build a community wellness center for the local region. This sales tax increase would allow the City of Litchfield to invest $13.5 million into building a new four-station multi-purpose field house, elevated walking track, community rooms, family changing rooms, fitness space, and additional support spaces. These improvements will address the lack of accessible venues for a wide range of community activities, events, and sports to accommodate the needs of local athletics and community members alike. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Photography credit: SILVERMAN BE REMARKABLE CITY OF LITCHFIELD 2022 REFERENDUM PROJECT Litchfield, MN 20 | PROJECT EXAMPLES PARTNERED WITH CITY OF LITCHFIELDPROJECT EXAMPLES | 21 Community members will vote on two ballot questions on or before Tuesday, November 8. Litchfield Public Schools is proposing a bond referendum to fund its portion of the recreation center, including an eight-lane pool facility, locker rooms, community and office spaces, and various site improvements including parking lots and site development work associated with a new facility (surveying, soil testing, mass grading, excavating, utilities, etc.), the relocation of existing field event stations, eight new tennis courts, and two new baseball fields. Litchfield Public Schools Bond Referendum The City of Litchfield is proposing a one-half of one percent sales tax to City of Litchfield Sales Tax Referendum SOURCES OF FUNDING For the owner of a median value residential home in the district ($170,000) the tax impact would be about $6.84 per month starting in 2023. An estimated 40% of the revenue from the sales tax would be from visitors to the city. Regional Taxes31% State Funding31% Local Taxes28% Other Local Sources 10% help fund its portion of the facility, including a four-station multi-purpose fieldhouse, an elevated walking track, community rooms, family changing rooms, fitness space, and additional support spaces. *Regional taxes are paid for by those who live outside the City’s limits and visitors to Litchfield. All values and percentages are based on current projections. Visit LiveWellLitchfieldArea.org/plan to learn more! Learn how this $27 million project is funded at LiveWellLitchfieldArea.org/cost. If the school district’s referendum question is approved, a residential home in the district with a median value of $170,000 would see an estimated tax increase of $6.84 per month starting in 2023. The Ag2School program reduces the property tax impact for owners of agricultural land. This is an automatic 70% tax credit for owners of agricultural land except for the house, garage and one acre surrounding the agricultural homestead. Ag2School credits will pay for approximately 17% of the project’s total cost. THE PLAN What will the center include, and who will fund each part of the $27.1 million recreation space? THE COST The school district is requesting voter approval to issue $13.5 million in bonds to fund the eight-lane pool facility, locker rooms, office and community space, as well as various site improvements. This equates to approximately $6.84 per month on a median home value of $170,000. Litchfield Public Schools Bond Referendum The city is requesting voter approval of a one-half of one percent sales tax to fund part of the four-station multi-purpose fieldhouse, elevated walking track, community rooms, family changing rooms, fitness space, and additional support spaces. Additionally, at least $5 million of funding for the city’s portion of the facility has already been secured through the State of Minnesota’s bonding bill in 2021. The city is not currently seeking a property tax increase for this project. City of Litchfield Sales Tax Referendum Conceptual images of the proposed facility can be found at SOURCES OF FUNDING State Funding31% Regional Taxes31% Local Taxes28% Other Local Sources 10% If the city’s referendum question is approved, a one-half of one percent sales tax will be paid by anyone who purchases goods and services within the city. Based on findings in other Greater Minnesota cities, as much as 40% of the revenue generated by the sales tax would be paid by nonresidents. The city council and school board believe this combination of regional funding is the fairest way to fund a joint facility. The school district and city are planning to fund operational expenses through various ways, including sponsorships and individual memberships. LiveWellLitchfieldArea.org/plan. *Regional taxes are paid for by those who live outside the City’s limits and visitors to Litchfield. Note: All values and percentages are based on current projections. LIVE WELL LITCHFIELD AREA City of Litchfield and Litchfield Public Schools Referendums on Tuesday, November 8, 2022 In response to growing demand among Litchfield residents, the city and the school district are putting forward a proposal to build a $27.1 million multi-purpose wellness and recreation center to support a wide range of amenities and activities. Litchfield voters will consider two ballot questions about how to fund this project. Visit LiveWellLitchfieldArea.org for more information! INFORMATION INCLUDED: Details about the two ballot questions and how they will help fund the proposed $27.1 million community recreation center. • Overview of the plan to meet community needs and how we identified them • Cost for residential and agricultural property owners and sales tax information • Voting information TAKE A LOOK! Litchfield is a thriving city attracting visitors from around the region. Area leaders have long heard interest from community members of all ages in building a wellness or community center. Litchfield Public Schools and the City of Litchfield have worked together to develop a plan to meet the needs of Litchfield area residents. On Tuesday, November 8, Litchfield area voters will consider two separate ballot questions to fund the Litchfield Area Recreation Center. A JOINT PLAN for the Litchfield Area Recreation Center Visit LiveWellLitchfieldArea.org for more information! In 2016, after hearing community interest, the City of Litchfield began exploring possibilities to create a sports and aquatics center. However, the city realized it was a venture that would need a partner to execute. Residents have voiced desires for a variety of community uses, such as an aquatic center, fitness spaces, and athletic fields. By combining multiple community assets into one project, the city and school district could save money on construction and ongoing operational costs. Very few cities and school districts have the opportunity to partner on a shared project like the one being proposed in Litchfield, and this partnership displays something special about our community - the ability to come together on important community initiatives. LiveWellLitchfieldArea.org @Litch465 @litchfield465 320.693.2444 320.693.7201 Prepared and paid for by Independent School District No. 465 (307 East 6th Street, Litchfield, MN 55355) and the City of Litchfield (126 Marshall Avenue North, Litchfield, MN 55355). This publication is not circulated on behalf of any candidate or ballot questions. Because the two governments fund major projects in different ways, there are two ballot questions being offered in the November election to fund different portions of the project. THE PROCESS In November 2022, residents of the City of Edina approved a one-half of one percent sales tax increase to finance Phase One of the project, which would provide $39.3 million for investments to support new amenities and upgrades at Braemar Park and Arena and transform Fred Richards Park into a multi-faceted city park. These investments are set to make the following improvements: $17.7 million to repurpose Fred Richards Park: • New trails and pickleball courts. • Natural restoration, inclusive playgrounds, a pavilion, and a great lawn area. • New lighting, seating, signs, infrastructure, and parking. $8.1 million to invest in Braemar Park: • New trail system for walking, biking, and cross-country skiing. • New playground, pickleball and tennis courts, and upgrades to baseball complex. • Restored natural resources and improved parking. $13.5 million to update Braemar Arena: • New HVAC system, updated roof, and improved energy efficiency. • Upgraded restrooms, locker rooms, rink surfaces, and rink cooling system. The results of the election were as followed: Question One (Braemar Park) • Yes : 59.3% • No: 40.7% CITY OF EDINA 2022 SALES TAX REFERENDUM Edina, MN 22 | PROJECT EXAMPLES REFERENDUM EFFORTS LED BY Question Two (Fred Richards Park) • Yes : 52.5% • No: 47.5% CITY OF EDINAPROJECT EXAMPLES | 23 In November 2022, residents of the City of Maple Grove approved a half-cent sales tax increase to generate $90 million in revenue for major improvements at the community center. The half-cent sales tax for Maple Grove went into effect on April 1, 2023. Under the investment plan, the community center will receive new swimming pools, more space for senior programs, expanded event and banquet space, spaces for the arts and historical displays, walking track, and third sheet of ice. The facility will also receive critical infrastructure investments, such as updated roofs and mechanical systems. Additionally, the plan will reduce the building’s energy usage by up to 80% when compared to similar facilities. Updates such as geothermal cooling and heating systems and newly insulated roofs could be utilized. Other eco-friendly aspects of the plan include: • Donating, reusing or recycling 75% of non-hazardous waste from construction and demolition. • Using environmentally preferred building materials for 55% of the renovations/additions (including salvaged, reused, recycled and responsibly sourced materials). • Replacing plumbing fixtures to reduce water usage by 50%. The results of the election were as followed: • Yes : 55.4% • No: 44.6% CITY OF MAPLE GROVE 2022 SALES TAX REFERENDUM Maple Grove, MN 24 | PROJECT EXAMPLES REFERENDUM EFFORTS LED BY CITY OF MAPLE GROVEPROJECT EXAMPLES | 25 OWNER Brainerd Public Schools Heidi Hahn Superintendent 218.454.6916 heidi.hahn@isd181.org COMPLETION August 2023 COST $205 million SERVICES PROVIDED Pre-referendum communications, project development, program management, construction management, and technical services Residents in Brainerd Public Schools said yes to a $145.71 million project (total of $205 million including a $59.29 million non voter-approved project) in April 2018. The three-question ballot provided district-wide improvements including the new Baxter Elementary School and various additions and renovations across all facilities including safety and security, classroom and technology, performing arts, and more. Before the vote, more than 25 district listening sessions and stakeholder engagement sessions, over 100 local community group presentations, and almost 1,800 phone and online survey responses took place to communicate this plan to all residents. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Photography credit: SILVERMAN BE REMARKABLE BRAINERD PUBLIC SCHOOLS 2018 REFERENDUM PROJECTS Brainerd, MN 26 | PROJECT EXAMPLES PARTNERED WITH BRAINERD PUBLIC SCHOOLS CONTACT: KARLA SAND District Communications Manager Washington Educational Services Building 804 Oak Street Brainerd, MN 56401 Office: (218) 454-6900 communications@isd181.org www.ISD181.org FOR IMMEDIATE RELEASE Blueprint 181 Launches with Public Listening Sessions, New Planning Website Aim is to Develop Facilities that Promote Innovation, Opportunity and Success for All Brainerd, MN (April 24, 2017) Brainerd Public Schools recently launched Blueprint 181 which brings facilities planning into a new phase focused on community-wide discussion of options to address school needs. Blueprint 181 is the process to engage area residents in the development of a facilities plan that addresses the education, health and safety need of the students and staff of Brainerd Public Schools. “It is essential for us to hear from local residents, business owners, parents, and students about what you believe is most important for our schools and our district's future,” said Laine Larson, Superintendent of Brainerd Public Schools. “We are concentrating on listening to the voices of our community.” A team of community members began evaluating the needs of all 12 school district buildings in 2014. After systematic review they recommended changes that would ensure these buildings are able to serve students in this community for decades to come. The district needs community input on these recommendations to further shape and define our strengths and needs, and to address the community’s suggestions in the best, most efficient way possible. A current list of neighborhood listening sessions is found below. For the most up to date information, community members are urged to visit the new website, which is dedicated to school facilities planning: blueprint181.org. The website contains basic information about the planning process, including the guiding framework from the task force. It also provides an outline of where we currently are in the process and how local residents can get involved. The website will be updated regularly to reflect community input and to answer frequently asked PROJECT EXAMPLES | 27 OWNER Mora Public Schools Dan Voce Superintendent 320.679.6200 danvoce@moraschools.org COMPLETION September 2023 COST $61.9 million SERVICES PROVIDED Pre-referendum communications, project development, program management, construction management, and technical services For Mora Public Schools and the community of Mora, the construction of a new high school has been about connection and perseverance. ICS team members have been working with Mora Public Schools on various projects for nearly ten years — from an addition at Trailview Elementary, the new Welia Wellness Center, a plan to address their aging high school, and more. After a successful $61.9 million referendum in May 2020, this project will complete the district’s strategic long-range facility plan. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Rendering credit: Wold Architects and Engineers MORA PUBLIC SCHOOLS — NEW MORA HIGH SCHOOL Mora, MN 28 | PROJECT EXAMPLES PARTNERED WITH MORA PUBLIC SCHOOLSM A Y 2020 MORA PUBLIC SC H O O L S R EFERENDUMPROJECT EXAMPLES | 29 OWNER Nashwauk-Keewatin Public Schools Rae Villebrun Superintendent 218.885.1280 rvillebrun@isd319.org COMPLETION Anticipated Spring 2025 COST $47.7 million SERVICES PROVIDED Pre-referendum communications, planning, project development, program management, and construction management services Residents of Nashwauk-Keewatin Public Schools approved two ballot questions totaling $47.7 million in February 2022 that will build a new PreK-12 school building and adjacent community wellness center. Replacing the district’s existing buildings that were built in the 1920s, the new facility will feature appropriately sized classrooms for general education, art, band, music, and special education, as well as small group work areas and workspace for career and technical education. The school would also feature a media center, two full- sized gymnasiums, a kitchen, and a cafeteria. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Rendering Credit: DSGW Architects and BNDRY Studio NASHWAUK- KEEWATIN PUBLIC SCHOOLS 2022 REFERENDUM PROJECT Nashwauk, MN 30 | PROJECT EXAMPLES PARTNERED WITH NASHWAUK-KEEWATIN PUBLIC SCHOOLSSPARTAN STRONG Strengthening Nashwauk-Keewatin Schools HOW TO VOTE THE COST If voters approve both ballot questions, the total cost of bonding would be approximately $47.7 million ($42 million for question one and an additional $5.7 million for question two). Property Type Monthly Tax Impact (The property tax increases below assume the project is funded with funds from the State, County, and $18M IRRR grant*.) Q1 Q1 + Q2 Residential home valued at $100,000 $9.36 $12.75 Residential home valued at $200,000 $23.57 $32.10 Commercial/industrial valued at $150,000 $29.33 $39.94 Homestead agricultural/forested land valued at $1,500 per acre (tax impact per acre)$0.03 $0.04 Seasonal/recreational valued at $200,000 $26.07 $35.51 Visit NKSpartanStrong.org/cost to learn more about the cost and your estimated tax impact. What happens if voters reject the plan? If voters decide not to approve this referendum, N-K is likely to lose the $18 million IRRR grant and the school board will assess its remaining options to address the needs of our aging buildings. Although no decisions have been made at this time, the school board has authority to increase property taxes without voter approval to pay for major repairs in multiple phases over the course of several years to minimize student disruption during the school year. VOTE EARLY: Vote early now until Feb. 7. Absentee ballot applications are available by emailing elections@co.itasca.mn.us or by calling 218- 327-2849. You can vote early in person at the Itasca County Courthouse, Auditor/Treasurer’s Office (123 NE 4th Street, Grand Rapids) on weekdays from 8 a.m. - 4:30 p.m. There will also be special early voting hours on Feb. 5 from 10 a.m. - 3 p.m. and Feb. 7 from 8 a.m. - 5 p.m. VOTE ON ELECTION DAY: Feb. 8, 2022 from 8 a.m. - 8 p.m. Visit NKSpartanStrong.org/vote to find your polling location. Financing options for board-approved school building renovation projects differ from those used for voter-approved new construction. The resulting tax impact for renovation can be significantly higher due to shorter terms for repayment and limits on state aid. Question 1: New PreK-12 School (Assuming voter approval, all sources of grants and aids will apply.) Hypothetical Partial Repair to Current Buildings (Does not require voter approval. Example: indoor air quality systems and parking lots.) Estimated tax impact for a residential home valued at $100,000 = $9.36 per month for the 25-year borrowing term Estimated tax impact for a residential home valued at $100,000 = $34.36 per month for a 10-year borrowing term likely followed by additional needed investments *An $18 million grant from IRRR will be used to reduce the property tax impact of the bonds for local residents. This grant requires N-K to enter into a joint powers agreement with a neighboring school district for cooperative educational programs by August 2022. Without this grant, the monthly property tax impact will be approximately twice as high (for example, the tax impact of Q1 for a $100,000 homestead would be $21.11/month without the IRRR grant.) More information about tax impacts and the IRRR grant requirements are available at NKSpartanStrong.org/cost. Cost of new school: $42 million Cost of indoor air quality systems and parking lot projects: $18.95 million COMPARING NEW SCHOOL CONSTRUCTION TO A PARTIAL REPAIR PROJECT State of MN (28.22%) NK Taxpayers (42.86%) IRRR (27.40%) Itasca County (1.52%)NK Taxpayers (100.00%) On Feb. 8, 2022, residents of the Nashwauk- Keewatin School District will vote on a plan to replace its two 101-year-old schools with a single new PreK-12 school and whether the school should include an attached community wellness center. THE NEED Our current buildings need significant renovations and repairs. N-K’s two school buildings were built in 1920, making them the oldest on the Iron Range and among the oldest in Minnesota. Today, N-K Elementary School and N-K High School fail to meet more than half of the Minnesota Department of Education’s standards for school facilities. Renovating would cost as much or more than building a single new school. Expert assessments have estimated that it would cost between $41 - $47 million to fully renovate the schools to meet state education guidelines. Those renovations would take decades to complete and cost taxpayers more in the long run. NKSpartanStrong.org @NKSpartansfacebook.com/NKSpartans SPARTANSPARTAN STRONGSTRONG Strengthening Nashwauk-Keewatin Schools Question 1 asks voters to decide if the district should issue $42 million in bonds to finance a new PreK-12 school for Nashwauk-Keewatin students. The proposed school will feature appropriately sized classrooms for general education, art, band, music, and special education, as well as small group work areas and workspace for career and technical education. The school would also feature a media center, two full-sized gymnasiums, a kitchen and cafeteria, and offices for student nurses and counselors. THE PLAN A New PreK-12 School and Community Wellness Center: The N-K school board is proposing a plan to build a new PreK-12 school and an attached community wellness center west of the O’Brien Reservoir on land donated to the school district by U.S. Steel Corporation. Two ballot questions will give voters a choice about the scope of the project. QUESTION 1 ($42 MILLION): Should the school district construct a new PreK-12 school for N-K students? QUESTION 2 ($5.7 MILLION): Should the new school include an attached community wellness center? Prepared and paid for by Independent School District No. 319 (Nashwauk-Keewatin), 400 2nd St, Nashwauk, Minnesota 55769. This publication is not circulated on behalf of any candidate or ballot questions. In Question 2, voters will decide if the new school should include an additional community wellness center with a walking track, fitness facility, and general purpose space for events and education. By building the community wellness center at the same time as the new school, state aid that would not otherwise be available to a stand- alone community center could be applied to significantly offset the cost of the addition. Voters will have the option of approving Question 1 without approving Question 2. If voters approve both ballot questions, the school + community center project will cost $47.7 million. Question 2 cannot pass unless voters approve Question 1. VOTE ON OR BEFOREFEB. 8!In a special election on Feb. 8, 2022, N-K School District residents will vote on a plan to build a new preK-12 school and attached community wellness center just west of O’Brien Reservoir. Learn more at NKSpartanStrong.org. Prepared and paid for by Independent School District No. 319 (Nashwauk-Keewatin Public Schools), 400 2nd Street, Nashwauk, MN 55769. This publication is not circulated on behalf of any candidate or ballot questions. NKSPARTANSTRONG.ORGNKSPARTANSTRONG.ORG VOTE ON OR BEFORE PROJECT EXAMPLES | 31 OWNER Lake Superior School District Jay Belcastro Superintendent 218.834.8201 x 8213 jbelcastro@isd381.org COMPLETION Anticipated Fall 2024 COST $51.4 million SERVICES PROVIDED Pre-referendum communications, planning, project development, and construction management services On Tuesday, November 2, 2021, district residents approved a $44.1 million referendum. The project improves the district’s schools — particularly William Kelley School and Minnehaha Elementary — with infrastructure updates that help meet modern health, safety, and educational standards. This plan is the product of nearly a year’s worth of discussion between the district, staff, parents, community leaders, residents, and independent experts to determine the most critical challenges at the district’s schools. ICS provided project development, planning, pre-referendum communications, program management, construction management, and technical services for this effort. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Photography credit: SILVERMAN BE REMARKABLE LAKE SUPERIOR SCHOOL DISTRICT 2021 REFERENDUM PROJECTS Two Harbors, MN 32 | PROJECT EXAMPLES PARTNERED WITH LAKE SUPERIOR SCHOOL DISTRICTQuestion one invests $44.1 million for expanded educational spaces and infrastructure upgrades at Minnehaha Elementary and William Kelley Schools. Upgrades include security improvements, electrical systems, plumbing, and educational technology. Both schools would be renovated to replace outdated flooring, ceilings, furniture, and finishes. THE PLAN Schools that support the students of today and tomorrow. Q1 Q2 Question two invests $7.3 million in athletic facilities upgrades at William Kelley and Two Harbors High School. Improvements include artificial turf fields, new lighting and sound systems, an all-weather track at William Kelley, and resurfaced tennis courts at Two Harbors High School. Passage of question two is contingent on the successful passage of question one. THE COST Thanks to the expiration of existing debt and the district managing their finances responsibly, question one ($44.1 million) would be levy-neutral. That means that, if approved, Q1 would not raise property taxes above the current tax rate. Question two ($7.3 million), which is contingent on the successful passage of Q1, would result in a $3 per month increase in property taxes for an average residence in the district worth approximately $200,000. UPDATING OUR SCHOOLS FOR OUR STUDENTS, STAFF, AND COMMUNITIES. Prepared and paid for by Independent School District No. 381 (Lake Superior School District) 1640 County Hwy 2, Two Harbors, MN 55616. This publication is not circulated on behalf of any candidate or ballot questions. To find your estimated tax impact, visit AnchorOurFuture.org/cost Q1 is levy-neutral! • Absentee Ballot: Absentee ballot voting begins Sept. 17. You can download an absentee ballot at AnchorOurFuture.org/vote. You can also request a ballot be mailed to you by calling the district office at 218-834-8201. Completed ballots must be postmarked on or before Tuesday, Nov. 2. • In-Person Early Voting: Available weekdays from Sept. 17 through Nov. 1 at the district office (1640 County Hwy 2, Two Harbors, MN 55616), weekdays from 8:00 a.m. to 4:00 p.m. • Election Day Voting: You can vote on Election Day (Tuesday, Nov. 2) from 8 a.m. to 7 p.m. Visit AnchorOurFuture.org/vote to find your polling location. There are three ways to vote: Absentee/early voting starts Friday, Sept. 17!VOTING INFO AnchorOurFuture.org Lake Superior School District #381 @ISD381 218.834.8201 Ext. 8216 On Tuesday, November 2, 2021, district voters will consider two ballot questions that, if approved, would invest a combined $51.4 million in district facilities. Visit AnchorOurFuture.org for more information. FAST FACTSLake Superior School District November 2021 Referendum THE NEED William Kelley School and Minnehaha Elementary School need updates to improve health, safety, and educational programming. WILLIAM KELLEY SCHOOL Built in 1958, William Kelley’s age means certain parts of its infrastructure are no longer suited for modern learning. Some of the building’s needs include lack of properly secured entrances, asbestos flooring and ceiling, original ventilation units, poor filtration, and more. MINNEHAHA ELEMENTARY Constructed in 1960 on a foundation built in 1944, key pieces of this school’s infrastructure are outdated, inefficient, or in need of significant repairs. These needs include an outdated security/camera system, an aging boiler system and water heater, and more. District leaders carefully considered the right time to propose a plan to voters. WHY NOVEMBER? Our buildings are only getting older — waiting to make improvements will only increase costs for taxpayers and create further problems for students and maintenance staff. November also coincides with the expiration of some of the district’s existing bond debt, making it a convenient time to tackle needed upgrades without adding a substantial impact to taxpayers. THE PLAN The school board proposes a two-question plan that seeks to address our needs, bolster education for future generations of students, and improve the bonds between our communities. Question one would invest approximately $44.1 million for expanded educational spaces and upgrades to critical infrastructure primarily at William Kelley School and Minnehaha Elementary as well as updates at Two Harbors High School. IMPROVEMENTS AT BOTH WILLIAM KELLEY AND MINNEHAHA: • Redesigned class spaces for STEAM (science, technology, engineering, arts, and math) education and student collaboration• Properly secured entrances with updated security camera and access control systems • Asbestos removal• Upgraded heating, ventilation and air-conditioning (HVAC) systems • Replacement of decaying ceiling tile• Repaired exterior walls, doors, and old roofing sections • Renovations to ensure both buildings meet ADA requirements for those with disabilities AT WILLIAM KELLEY SCHOOL: • New kitchen appliances and equipment • Renovated and expanded bus garage • Demolition of the music wing to be replaced by a two story wing with classrooms for the arts, natural sciences and family and consumer sciences • Replaced boiler AT MINNEHAHA ELEMENTARY: • Renovation of all classrooms to improve technology, storage and lighting • A 9,000 square foot addition to include a cafeteria, kitchen, and two classrooms to alleviate congestion and expand learning spaces • Replaced water heater• New outdoor playground AT TWO HARBORS HIGH SCHOOL: • Properly secured entrances and exits • Recalibrated ventilation control TWO QUESTIONS, $51.4 MILLION Q1 Q2 Question two would invest approximately $7.3 million in upgrades to the district’s athletic facilities at William Kelley Schools and Two Harbors High School. AT WILLIAM KELLEY SCHOOL: Question two can only be approved if question one is approved. • Artificial turf fields • All-weather track • Concessions and bathroom building • Reconstructed baseball and softball fields • New sound and LED lighting systems AT TWO HARBORS HIGH SCHOOL: • Artificial turf football and softball/baseball fields • Resurfaced tennis courts • New sound and LED lighting systems COMMUNITY MEMBERS WILL DECIDE WHETHER TO MAKE THIS INVESTMENT ON OR BEFORE TUESDAY, NOV. 2, 2021. THE COST Question one requests $44.1 million and seeks to address our most critical facilities needs and would be LEVY-NEUTRAL thanks to the expiration of a portion of the district’s existing bond debt. Q1 Full-sized conceptual drawings are available at AnchorOurFuture.org/plan.WHAT DOES “LEVY- NEUTRAL” MEAN? Levy neutral means that there would be no change to the existing tax levy if question one is approved by voters. This means that taxpayers would not see a school-related property tax increase as a result of question one’s passage. Bond payments would begin at the same time that bonds for the Two Harbors High School would expire, functionally canceling each other out. Q2 Question two requests $7.3 million and would invest in the addition of turf fields and other improvements to athletic facilities at William Kelley School and Two Harbors High School. If approved, question two would cost the owner of a home with a median value of $200,000 approximately $3.00 per month. Question one must pass for question two to pass. The Ag2School tax credit is a 60% tax credit provided to all agricultural property except the house, garage and one acre surrounding the agricultural homestead. By law, the tax credit is scheduled to increase to 70% by 2023. This is not a tax deduction – it’s an automatic dollar-for-dollar credit paid directly by the state. No application is required. Minnesota’s Ag2School tax credit lowers the cost of the referendum for agricultural landowners The referendum requests a combined total of $51.4 million. VALUE FOR BOTH STUDENTS AND TAXPAYERS WANT TO KNOW YOUR SPECIFIC TAX IMPACT? Use our tax calculator at AnchorOurFuture.org/cost PROJECT EXAMPLES | 33 OWNER Albany Area Schools Travis Okerlund Superintendent 320.845.5050 tokerlund@district745.org COMPLETION Anticipated Fall 2024 COST $16.96 million SERVICES PROVIDED Pre-referendum communications, planning, project development, and program management services On August 9, 2022, district residents of Albany Area Schools approved a $16.96 million single-ballot bond referendum question that will transform the former Albany hospital into an Early Learning Center. This project will alleviate space restraints at Avon Elementary and Albany Elementary allowing the district to provide enough space to meet their current challenges and any future challenge the district may endure, re-use a currently vacated building in their community, provide access to local amenities, and reduce traffic and congestion at their main campus in Albany. As part of our standard set of deliverables, our team provided the following materials as part of our referendum communications: • Core messages for use by administration and board members • Microsite design and content • Plan logo • Newspaper articles and advertisements Internal e-blasts • Social media (written copy, graphics, scheduling, and analytics) • Referendum handbook • Presentations for community groups • Printed collateral, including fliers, mailers, backpack stuffers, poster boards, etc. Rendering credit: Wold Architects and Engineers ALBANY AREA SCHOOLS 2022 REFERENDUM PROJECT Albany, MN 34 | PROJECT EXAMPLES PARTNERED WITH ALBANY AREA SCHOOLSOn Tuesday, August 9, our district is proposing a single-ballot question to local Albany area residents. If approved, this bond referendum would transform the former Albany hospital into an Early Learning Center that would alleviate space constraints at Avon Elementary and Albany Elementary. Visit OurHuskiesOurFuture.org for more information. THE plan • 16 early childhood classrooms• Various break-out and collaborative learning areas • An office and specialist spaces• Other support spaces including physical therapy, occupational therapy, and speech • A kitchen and serving area• An addition to serve as a multi-purpose and large motor space for students, staff, and our community Growth is a good thing; however, our district lacks enough space to support our growing programs — primarily in Albany. By 2025, our enrollment is projected to increase and we won’t have enough space for those additional students in our current schools. Small class sizes are important to our district, and as we grow, our class sizes will increase. We’ve done our best to manage our space. However, as our enrollment has remained steady, both of our elementary schools are still over capacity, and our enrollment is projected to grow over the THE NEED VOTE ON OR BEFORE TUESDAY, AUG. 9 After evaluating several options, the school board feels that renovating the former hospital to serve as an Early Learning Center is the best long-term option for our district. This plan would alleviate our current space constraints at both Albany and Avon Elementary (approximately 8-10 classrooms and 200 students total). constraints Alleviate space THE PROPOSED PLAN INCLUDES: What we’ve done to manage our needs: We’ve moved some students from Albany to Avon, we’re currently using all elementary classrooms including those not originally designed as classrooms, we added seven classrooms to our Albany campus in 2017, we closed open enrollment in 2019, and all preschool programming was moved to Avon Elementary. next several years. Also, programs like our Preschool Camp & Wrap Around Care, preschool, Special Education, and intervention support are growing and need space. Multi-purpose space addition Existing hospital facility to be renovated for Early Childhood program space DID YOU KNOW? Over the 20-year term of the bond, the Ag2School Tax Credit would pay for approximately 11%, roughly $1.8 million, of the district’s debt service levies. Ag2School Tax Credit Renovating the former Albany hospital to serve as an Early Learning Center is the best long-term space solution for our district. Reusing an existing building in our community is more fiscally responsible than building new. We’ve analyzed this need for over four years, our need for space is not going away, and the cost to address our needs will increase the longer we wait. FULL SITE AERIAL EARLY LEARNING CENTER SITE AXONISD #745 - ALBANY AREA EARLY LEARNING CENTER CONCEPT site plan OurHuskiesOurFuture.org Prepared and paid for by Independent School District No. 745 (Albany Area Schools), 30 Forest Avenue, PO Box 40, Albany, MN 56307. This publication is not circulated on behalf of any candidate or ballot questions. Multi-purpose space addition Existing hospital facility to be renovated for Early Childhood program space Vote on or before Tuesday, August 9 Prepared and paid for by Independent School District No. 745 (Albany Area Schools), 30 Forest Avenue, PO Box 40, Albany, MN 56307. This publication is not circulated on behalf of any candidate or ballot questions. Join us for an ice cream social! JULY20 Wednesday, July 205:30 PM - 7:30 PMNorth Park why now? We’ve analyzed this need for over four years and have sought out a variety of alternatives to address our needs. Our enrollment is projected to grow over the next several years and we don’t have the space our students need. Our need for space is not going away, and the longer we wait to address these needs, the higher likelihood of additional costs and time. WHY THE FORMER HOSPITAL? • Our biggest need for additional space is in Albany. • Our project team confirms the existing building is structurally sound, affordable, and serves as a cost-effective solution. • The site can leverage existing amenities and infrastructure including proximity to the City park, utilities, parking lots, green space, a playground, etc. THE COST The proposed referendum requests $16.96 million, including all issuance and financing costs. Like a home mortgage payment, school bond payments are made up of principal and interest amounts. If the referendum is approved, the estimated tax impact on a $150,000 residential home in the district would be about $5.75 per month. HOW TO VOTE Your voice is important, and the decision to invest in our schools is yours. Starting Friday, June 24 through Monday, August 8, Albany Area residents can vote early by absentee ballot or in person. Alternatively, residents can vote in person on Election Day (Tuesday, August 9) from 7:00 a.m. to 8:00 p.m. Visit OurHuskiesOurFuture.org/cost to find your estimated tax impact or use the QR code to the left. Prepared and paid for by Independent School District No. 745 (Albany Area Schools), 30 Forest Avenue, PO Box 40, Albany, MN 56307. This publication is not circulated on behalf of any candidate or ballot questions. OurHuskiesOurFuture.org 320.845.2171@ISD745@ISD745 VOTE ON OR BEFORE TUESDAY, AUGust 9 More information about voting is available at OurHuskiesOurFuture.org/vote. for our youngest learners WE NEED MORE SPACE Our elementary schools are overcapacity, with enrollment projected to increase over the next few years. We’ve taken steps to manage our space needs including using spaces not designed as classrooms, closing open enrollment, and more. Preschool programming, Special Education, and intervention support are growing and need space. VOTE ON OR BEFORE TUESDAY, AUGust 9 Early voting via absentee ballot is now available.Learn more at OurHuskiesOurFuture.org/vote PROJECT EXAMPLES | 35 36 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH Our mission is to effectively partner with clients to provide the following: • Develop a cohesive referendum plan through a data-driven community engagement process. • Create a comprehensive and informational communications plan. • Collaborate with you to successfully execute that public outreach and community engagement strategies specific to your city’s needs. Based on our experience, team members, and knowledge of the city, we feel we are the best team to provide community relations/education services for the City of Cottage Grove. In today’s world, messaging and information must be delivered through multiple media types, especially regarding public referendums. We understand there is no one-size-fits-all approach to referendum communications, as community members have different levels of connectivity to activities. However, our team needs to understand how different audiences within your community best receive information from the city. OUR TEAM’S APPROACH TO YOUR PROJECT Based on our experience, team members, and knowledge of the city, we feel we are the best team to provide community relations/ education services for the City of Cottage Grove. REFERENDUM PROJECT APPROACH | 37 Referendum Communications Overview Once we understand how to best reach different audiences, our team compiles and reviews a voter profile for your community, which defines the city’s demographics based on typical voting patterns. This information allows our team to strengthen the comprehensive strategic plan to reach your community. We build plans based on what leads to a more informed constituency, beginning with a calendar that outlines all communication deliverables from the time our team is hired through Election Day, including: 1. Core messages for use by administration and council members 2. Dedicated website design and content 3. Referendum campaign logo 4. Newspaper articles and advertisements 5. Internal e-blasts 6. Social media or communications through city channels (written copy, graphics, scheduling, and analytics) 7. Referendum handbook 8. Presentations for community groups 9. Printed collateral, including fliers, mailers, poster boards, etc. Video(s): please note that the costs of traveling, filming, creating, and editing videos throughout the campaign are not included in our proposed fee. The communications plan begins with agreement on core messages – the primary communication items we plan to emphasize throughout the campaign. These messages establish the city’s current goals and obstacles, the proposed plan, the operational benefits of the plan, and additional messages that help community members understand the reasons for the city’s approach. (Communications Calendar Sample) 38 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH | 39 Core Messages and Referendum Microsite Once the core messages are established, we use that as the foundation for microsite content or a dedicated website. We would then create a website with the following pages: Home, The Process, Our Challenges, The Plan, The Impact, The Cost, Voting Information, Resources, Frequently Asked Questions, and Connect. Organizing the microsite pages into this structure is the most succinct, comprehensive, and beneficial way to communicate information to residents. Our team would build and manage the microsite content to reflect this structure. Our team would continue to monitor, analyze, and adapt the microsite as needed throughout the communications campaign. The information below outlines what each page would include: • Home: The home page would serve as the initial interface for community residents to access information about the referendum. This page will include the referendum campaign logo, a brief site synopsis, and simple navigation to other pages. • The Process: This page would outline the city’s plan development steps. This information gives residents a better understanding of how the city has carefully reviewed all options before asking local voters to consider the proposed plan. • Our Challenges: This page would outline the city’s challenges or facility needs. Pictures, written copy, testimonials, and more would be used to communicate the city’s needs. • The Plan: One of the most frequented pages on any microsite, the plan page would include specifics for the proposed plan. Conceptual drawings, other visuals, and plan-specific frequently asked questions are helpful for this page. This page would also include information highlighting the consequences of inaction for the plan. This information would outline what improvements would (and would not) be implemented if the proposed referendum fails. • The Impact: This page would outline how the proposed plan impacts staff and community members. • The Cost: This page would outline the costs of the proposed plan, including information about assessed values, implied market values, and, ultimately, the cumulative taxpayer impact proposed from the financing plan. • Voting Information: This page would provide comprehensive information for casting your vote on the referendum, including voting in person by absentee ballot before Election Day or in person on Election Day. East Central Schools August 2022 Referendum (Referendum Campaign Logo Samples) • Resources: This page would provide various resources and links for community members, including previous presentations to the community, survey results, the approved resolution, the ballot language, videos, newspaper articles submitted and published, and more. Consider this page as the reference library for the project. • Frequently Asked Questions: This page would expand on the other microsite pages and provide answers to community members’ frequently asked questions, continuously updated as we hear feedback from the community. • Connect: This page allows residents to submit their questions and/or feedback by completing a short online form. Our team would receive these submissions, craft proposed responses, provide that draft to the city’s team to review, and ultimately, the city would respond directly to that community member. Throughout this process, our team will be your trusted partner, counsel, and communications firm to guide, advise, and execute the agreed-upon communications campaign. We work closely with current city personnel, as authentic community engagement can only occur through collaboration between you and your consultants. Based on our experience and team, we are confident that the City of Cottage Grove will meet and exceed community expectations for project information during the referendum campaign. 40 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH | 41 Successful Referendum Timeline and Strategy Based on our experience, the date of your public referendum may be the most critical decision that could determine the outcome of your referendum. We have extensive experience with past public referendum results that can help the City of Cottage Grove determine the most optimal time to bring your building referendum project to the community. Timeline: Communicating with your community early is essential. Early communications re-establish trust and further reinforces that trust. Depending on the communications options available within your city, six to nine months is ideal for strategic communications before a vote. However, many other factors need to be considered before establishing the election date. We would work with the city to identify and set the most optimal date. Below is a proven planning process that ICS has used with dozens of successful public referenda. Planning Phase • Identify the city’s challenges, the process to identify those, and the impact on the community. • Develop a community engagement plan. Engagement Phase • Identify and engage key community stakeholders. • Host initial public meetings and forums. Education Phase • Develop and distribute communication materials (website, fliers, posters, mailers, media commentaries, and more). Acceleration Phase • Begin driving people to where they can find information (mailers, media commentaries, presence at public events, and more). Outcome Phase • Share information on the plan and how to vote using various tools to distribute the message (website, mailers, media commentaries, community events, and activities). Identifying the Referendum Audience The informational referendum campaigns we develop and execute for our clients focus first on staff and community members. Naturally, these two groups are the most engaged in any area; if they do not support a city’s plan, that usually means that their voices have not been heard during the planning process, and that isn’t easy to overcome with just a communications plan. Reaching out to facility users and community leaders is also essential. Each of these groups has connections to the city, and their understanding of the plan helps share information more broadly with other community members. The city will hear from opponents of the plan. There is no such thing as universal support for an investment that requires investing tax dollars, and we have experienced few referenda that have received more than 70% support. It is both ethical and important for the city to respond to inquiries from all residents. Still, the city is under no obligation to endlessly debate the issues arising within a facilities plan. As we begin our work with the city, we will review your experiences and research to determine how to reach different groups of local residents. In our experience, information is often best delivered in the following ways: Print Materials In our experience, a city promotes transparency and establishes trust by sending at least one informational referendum mailer to all households in the community. Our team has extensive experience aiding clients through the writing, design, and mailing process. Based on stakeholder conversations, our team works with you to decide what type of mailer is best for the city – for example, an EDDM mailing or a customized household list. Our team writes the copy and designs the mailer, coordinates with a local printer and mail house, gathers edits, and coordinates sending the final mailer. However, the material will only be sent with the approval of city leadership. 24-7: a dedicated project website: residents should be driven toward this microsite when they want information on the plan. City stakeholders: email, city materials, community events, social media, etc. Community leaders: personal meetings, newspapers, email, etc. Community-wide: informational mailers, newspaper articles, etc. 42 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH | 43 It’s important to note that print material isn’t confined to informational mailers alone. In our experience, a high- level 8.5” x 11” flier – what our team defines as a “Fast Facts” flier – is an effective tool for all audiences and is especially useful at small group meetings. This flier includes a brief synopsis of what is being proposed on Election Day, the cost, voting information, and where to go for more details – the dedicated microsite. THE PROCESS: HOW DID WE GET HERE? For the past four years, we’ve been preparing for our District’s future by developing a long-range plan that allows us to continue to deliver a high- quality educational program. We studied enrollment trends, assessed the adequacy of our school buildings, asked for community input through various surveys about the positive aspects of our District, and reviewed several facility options to address our most critical needs. After extensive discussion of five options to address enrollment trends, the School Board elected to adopt a Following this decision, 23 sites were evaluated for the new elementary school. The evaluation criteria included: • Location, size and cost of the property • Transportation and safety • Attributes of the property — accessibility, entry points, utilities, drainage, soils, environmental impact, etc. • Maintaining the current “community school” model • Centralized to where residential development is occurring • How to best minimize the impact on existing elementary school boundaries For more information on this long-term planning process and site selection, please visit RoomtoLearnRoomtoGrow.org. multi-stage investment plan to responsibly prepare for the needs of our changing District. On September 24, 2020, the School Board unanimously decided to move forward with the first phase of this plan, which is to build an additional elementary school. IS THE DRIVING NEED FOR AN ADDITIONAL ELEMENTARY SCHOOL The original demographic study, from 2016, showed that our District would see significant enrollment growth in our elementary schools in the next five (5) years. The District-wide demographic projections have continued to be evaluated on an annual basis and have been verified as accurate. By 2023, our enrollment will have grown enough to fill another elementary school. In addition, actual enrollment growth in some of our elementary schools is outpacing projected enrollment increases, indicating a steeper growth rate than originally anticipated. Last year’s (2019 - 2020) elementary enrollment was 1,845. For the 2020-2021 school year, our current elementary enrollment is 1,916 students. By 2025 - 2026, our elementary enrollment alone is expected to be 2,029 students. THE NEED: INCREASING ENROLLMENT We need to address growing elementary enrollment now. THE PLAN: AN ADDITIONAL ELEMENTARY SCHOOL FOR OUR GROWING COMMUNITY The new school will provide the space needed to help accommodate our District’s growing enrollment and will be designed to fully meet state standards for K-12 schools. It is not possible to accommodate our rising student enrollment population without new investments. This allocation impact would have been the same whether we built new or added on to our existing schools. Expands space to preserve class sizes and grade configuration of our current neighborhood schools. Purchasing new land will provide less disruption for transportation and limit possible redistricting. Keeps open the option for future full-day kindergarten by creating the needed space. Maintains the “neighborhood school” concept and existing community fields. Takes advantage of record-low interest rates to fund capital programs.Benefits of an additional elementary school:Transportation and safety: The new location was chosen to help minimize transportation disruptions and redistricting. A majority of the students attending the new school will come from new developments in the Edgmont and Upper Providence Townships. Students that see their attendance boundaries change will spend less time on buses thanks to the new school’s proximity. The District worked with engineers and other experts in selecting the site for the new school, and continues to work with these experts to ensure the selected site meets standards for safety and educational excellence. After extensive analysis, the District concluded that the location chosen for the new elementary school meets modern safety standards for development near pipelines. Our District will continue to have all-hazard plans in place for each school for a variety of emergency situations. We encourage you to visit RoomtoLearnRoomtoGrow.org/plan or RoomtoLearnRoomtoGrow.org/faqs for more information about transportation and safety at the new elementary school site. After vetting the potential sites, the location in Edgmont Township near 1501 Middletown Road, Glen Mills, PA was selected as the best site for a new school. Turn to the next page for more frequently asked questions!YOUR QUESTIONS ANSWEREDQ: What road work will be done? Route 352 will need slight modifications to access the new elementary school. Road work will be limited to temporary shoulder work, adding turn lanes, and creating a deceleration lane on Route 352. Modifications will be limited to the ultimate right of way of the existing PennDot easements. A stoplight has been requested by the township, to make left turns and pedestrian crossings easier and safer. As of October 2021, permits for planned road work are currently in the preliminary development and review process. A traffic study of the proposed site is being completed at this time. All road work will be subject to review and approval by PennDOT in conjunction with Edgmont Township. COMMON QUESTIONS REGARDING THE IMPACT OF THE SITE FOR THE NEW ELEMENTARY SCHOOL Q: What will the traffic impact be on a typical school day? During a typical school day, the estimated traffic would be between 60 and 95 vehicles: • 20-25 teachers & teacher aides • 10 various administrators and support personnel • 20-40 parent drop-offs (this number may be reduced if bus trips are shortened) • 6-8 buses depending on capacity • 5 daily parent visitors/volunteers Some buses and approximately 35 parents already use Route 352 daily to travel from Edgmont to Glenwood Elementary School to drop off/pick up students who live in Edgmont. Q: Will road work affect neighboring septic fields near the road? No, road construction will not affect septic fields. All road improvements will be subject to review and comment by PennDOT to ensure that construction is safe and does not adversely affect existing infrastructure. Q: Will land on the school’s new site be leveled? The site will be selectively cleared as needed to create a building pad, parking lots and stormwater basins as shown on preliminary plans. Within the current site plan, approximately 9.5 acres of existing trees will be preserved along the rear and west sides of the combined property. The District, along with our design and construction teams, is dedicated to saving existing trees wherever possible. THE COST: INVESTING IN OUR DISTRICT’S LONG-TERM SUCCESS It’s important for our District to thoroughly and transparently communicate how this plan will be funded. The District has been budgeting and planning for this expense over several years. We are pleased to say that the School Board has adopted a budget for the construction of the new elementary school that falls within the state’s annual budget limits on school districts. Although the plans are not finalized, the projected estimated cost of the new school is $36.7 million*. A large portion of the cost of the construction (about $21 million), will be paid for with bonds issued by the District in 2018 for capital projects. This is already accounted for in the District’s budget. The District will borrow the funds necessary to finish the project and complete the other capital projects included in the master plan between now and 2026. *Estimated cost as of November 2021 The District will allocate existing funds to complete the elementary school. This project will not impact local school property taxes. What’s next? While the new elementary school is an exciting step, it isn’t the end of our plan. As enrollment continues to increase and our District looks to better serve our students in the future, we plan to address the following items: • By 2024-25, address middle school enrollment and renovations. • By 2026, make a decision on all-day Kindergarten. • Also by 2026, make a decision to create parity across all elementary schools. • By 2026-2028, be prepared to address high school renovation needs. Where are we in the process? We’re working closely with construction management firm ICS and architects at SCHRADERGROUP to gain the approvals necessary from governmental and oversight agencies prior to construction. We’ve held multiple meetings and planning workshops with faculty, staff, and community members to discuss various topics related to the new elementary site including site accessibility, parent and bus drop-off areas, playing fields, academic groupings, social structuring, and more. These key discussions have been critical to the pre-design process and have helped establish guiding principles including visioning, planning, and conceptual design. WHAT’S INSIDE: For more information, visit RoomtoLearnRoomtoGrow.org. FACILITIES UPDATE An additional elementary school for our growing District Rose Tree Media School District 308 North Olive Street Media, PA 19063 Prepared and paid for by Rose Tree Media School District, 308 North Olive Street, Media, PA 19063. POSTAL CUSTOMER For more information, visit RoomtoLearnRoomtoGrow.org. Answers to YOUR frequently asked questions Information about the process and our needs Information about the project and its impact(Referendum Community Mailer Samples) THE PLAN: A MULTI-STAGE PLAN TO ADDRESS OUR DISTRICT’S MOST CRITICAL NEEDS For the past four years, the District has been preparing for future growth by developing a long-range facility plan. The School Board decided a staged investment plan over the next decade is the most responsible and beneficial plan for our District and communities. After vetting 23 potential sites for the new elementary school, the location near 1501 Middletown Road, Glen Mills, PA was selected because it best fit the criteria the School Board used to evaluate potential sites. Benefits of an additional elementary school: Addresses our most critical need — additional space for elementary students Preserves flexibility by allowing the School Board to track enrollment and adjust the plan accordingly Less disruption to transportation due to the central location of the site Increases potential for full-day Kindergarten Maintain the “neighborhood school” concept and existing community fields Safety at the new site: The District looked at the placement of the new elementary school extensively and carefully and also worked with engineers and other experts in selecting the site for the new school. This included reviewing research and regulatory information on infrastructure, pipelines, topography, and traffic flow to determine if the site would be a safe location for the new school. Cost of the project: We’re pleased to say the School Board has adopted a budget for the construction of the new school that falls within the state’s annual budget limits on school districts. • $21 million, or roughly 60 percent of the cost of the construction, will be paid for by bonds already issued by the District in 2018 for capital projects. • The District will borrow the additional funds needed to complete the new elementary school, as well as fund other capital projects that will be implemented between now and 2026. • The additional debt needed to complete the elementary school requires an estimated $7 per month more of the average residential tax bill to be allocated to debt service. For clarity, this essentially shifts resources from operational expenses to debt service. Prepared and paid for by Rose Tree Media School District, 308 North Olive Street, Media, PA 19063. Next steps: how our new school is moving forward It’s important to transparently communicate with our residents as this is our community’s new school. The key milestones within each project phase include: • Pre-Design Phase: site comparison, land selection, architect selection, facility programming meetings, and planning workshop reviews • Design Phase: Schematic Design, Design Development, Construction Documents, and bidding • Construction Phase: project timeline, breaking ground, project updates, and project completion For more information, visit RoomtoLearnRoomtoGrow.org/next-steps FAST FACTSRose Tree Media School District Rose Tree Media School District is a vibrant, growing, successful District. We are proud of our success and continue to adapt our facilities to meet the needs of our current students and new families. This fast facts sheet will provide information about our new elementary school building project related to increase enrollment within our District. For more information, visit RoomtoLearnRoomtoGrow.org. OUR PLAN TO ADDRESS GROWING ENROLLMENT THE PROCESS: PLANNING TO ADDRESS OUR DISTRICT’S MOST CRITICAL NEEDS Over the course of 24 months, 23 sites were evaluated based on extensive criteria, including the location of utility infrastructure. As determined by District staff and the School Board, the site for the new school was selected in Edgmont Township. This decision, also based on extensive research IS THE DRIVING NEED FOR AN ADDITIONAL ELEMENTARY SCHOOL The original demographic study showed that our District would see significant enrollment growth in our elementary schools in the next five (5) years. The District-wide demographic projections have continued to be evaluated on an annual basis and have been verified as accurate. By 2023, our enrollment will have grown enough to fill another elementary school. In addition, actual enrollment growth in some of our elementary schools is outpacing projected enrollment increases, indicating a steeper growth rate than originally anticipated. Last year’s (2020) elementary enrollment was 1,845. For the 2020-2021 school year, our current elementary enrollment is 1,916 students. After much discussion and analysis, the School Board unanimously made the decision to build a new elementary school on new land. and recommendations from internal and external experts, was determined to be an appropriate and safe location for a new school. The District moved forward in purchasing approximately 38 acres for the additional elementary school in Edgmont Township. By 2025 - 2026, our elementary enrollment alone is expected to be 2,029 students. THE NEED: INCREASING ENROLLMENT We need to address growing elementary enrollment now. (Referendum Fast Facts Flier Samples) The school district is requesting voter approval to issue $13.5 million in bonds to fund the eight-lane pool facility, locker rooms, office and community space, as well as various site improvements. This equates to approximately $6.84 per month on a median home value of $170,000. Litchfield Public Schools Bond Referendum The city is requesting voter approval of a one- half of one percent sales tax to fund part of the four-station multi-purpose fieldhouse, elevated walking track, community rooms, family changing rooms, fitness space, and additional support spaces. Additionally, at least $5 million of funding for the city’s portion of the facility has already been secured through the State of Minnesota’s bonding bill in 2021. The city is not currently seeking a property tax increase for this project. City of Litchfield Sales Tax Referendum THE PLAN THE COST For the owner of a median residential home ($170,000) in the district, the tax impact of the school district bond referendum would be about $6.84 per month starting in 2023. The city chose Early voting by mail or in person is available starting Friday, September 23 through Monday, November 7. Polls are open on Election Day (Tuesday, November 8) from 7 AM to 8 PM. Visit LiveWellLitchfieldArea.org/vote for more on voting!ON OR BEFORE TUESDAY, NOV. 8 VOTE For more information about the cost, including our tax calculator and the Ag2School tax credit, visit LiveWellLitchfieldArea.org/cost. to pursue a one-half of one percent sales tax, which will be paid by anyone shopping in Litchfield, including those who live outside of Litchfield. State Funding31% Regional Taxes31% Local Taxes28% Other Local Sources 10% *Regional taxes are paid for by those who live outside the City’s limits and visitors to Litchfield. Conceptual images of the proposed facility can be found at LiveWellLitchfieldArea.org/plan. SOURCES OF FUNDING Note: All values and percentages are based on current projections. Litchfield is a thriving city attracting visitors from around the region. Area leaders have long heard interest from community members of all ages in building a wellness or community center. Litchfield Public Schools and the City of Litchfield have worked together to develop a plan to meet the needs of Litchfield area residents. On Tuesday, November 8, Litchfield area voters will consider two separate ballot questions to fund the Litchfield Area Recreation Center. A JOINT PLAN for the Litchfield Area Recreation Center Visit LiveWellLitchfieldArea.org for more information! In 2016, after hearing community interest, the City of Litchfield began exploring possibilities to create a sports and aquatics center. However, the city realized it was a venture that would need a partner to execute. Residents have voiced desires for a variety of community uses, such as an aquatic center, fitness spaces, and athletic fields. By combining multiple community assets into one project, the city and school district could save money on construction and ongoing operational costs. Very few cities and school districts have the opportunity to partner on a shared project like the one being proposed in Litchfield, and this partnership displays something special about our community - the ability to come together on important community initiatives. LiveWellLitchfieldArea.org @Litch465 @litchfield465 320.693.2444 320.693.7201 Prepared and paid for by Independent School District No. 465 (307 East 6th Street, Litchfield, MN 55355) and the City of Litchfield (126 Marshall Avenue North, Litchfield, MN 55355). This publication is not circulated on behalf of any candidate or ballot questions. Because the two governments fund major projects in different ways, there are two ballot questions being offered in the November election to fund different portions of the project. THE PROCESS Our team has extensive experience with other print materials, including poster boards such as conceptual drawings stationed at each city facilities, comprehensive booklets, and more. If our team is selected, a comprehensive print material plan would be developed with the city and likely shared with staff members, and the general community. Social Media Strategy ICS understands an effective social media plan is critical to a strategic referendum campaign. Our team develops a strategic social media plan that 1) is transparent, informational, and relevant to your audience, 2) is simple, repeatable, and visual, and 3) accelerates and emphasizes messages at the appropriate times. We write the copy, create the graphics, schedule the messages on behalf of the City of Cottage Grove, and provide weekly analytics that inform and define our strategy. We monitor any community comments on referendum-related posts, draft responses if needed, and any community Facebook groups that may be active in conversations surrounding the referendum. Regarding social media, nothing is posted without the city’s explicit approval. On Tuesday, August 8, 2023, Annandale area voters will consider a $98.7 million single-question bond referendum that would build a new high school for grades 9-12, renovate the existing high school and convert it to a middle school for grades 5-8, and re-purpose the site of the existing middle school for potential sale or development. OUR FUTURE. OUR SCHOOLS. @isd876 @ISD876 Prepared and paid for by Independent School District No. 876 (Annandale Public Schools), PO Box 190, Annandale, MN 55302. This is not circulated on behalf of any candidate or ballot question. 320.274.5602 Vote on or before Tuesday, August 8and visit CardinalBond.com for more info! CardinalBond.com THE PROPOSED PLAN Provide safe, accessible learning environments for all students. By building a new high school and re-purposing our existing high school for the middle school, all students will be able to learn in healthy, updated, and supportive environments that best prepare them for the future. Provide more space to support our growing student population. The plan would ensure our students have the classroom space and learning environment they need to thrive now and into the future. Prepare students with the skills they need for high-demand careers. The new high school would include spaces for specialized training to meet local workforce needs. It would also feature a new technology lab, woods lab, metals lab, culinary lab, and art lab. Meet the growing demand for community space. The new high school would give residents access to community education programs, fitness areas, and an indoor walking area. CONCEPTUAL DRAWINGS On or before Tuesday, February 8, 2022, district residents will vote on a single-question bond referendum to address critical facility and educational needs. Visit RLCCUnited.org for more information! The images below are conceptual and not finalized, as community input would be asked for and encouraged during the design process for each school. Vote on or before Tuesday, Feb. 8 New wheelchair lift and bleachers to meet ADA accessibility and new sound- reduction panels ELEMENTARY Centrally-located restroom for better accessibility and a staff resource area Additional space for classrooms and specialty areas HIGH SCHOOL Expand/improve both science classrooms for hands-on learning, lab stations, storage, and equipment Two-station gymnasium for physical education, activities, and community events Demolish the district’s oldest portion of the building Relocate office to building perimeter for secured entrance, provide centrally- located cafeteria and student commons, provide space for media center and Online College in the HS, and new locker rooms/renovated restrooms for ADA accessibility Prepared and paid for by Independent School District No. 2906 (Red Lake County Central Schools), 201 Governor Street, Oklee, MN 56742. This publication is not circulated on behalf of any candidate or ballot question. RLCCUnited.org @RLCCHighSchool @RLCCelem 218.796.5136 Visit RLCCUnited.org/plan to learn more about the plan to address our educational and facility-related needs! (Referendum Poster Board Samples) (Referendum Social Media Sample)(Referendum Social Media Calendar Sample) 44 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH | 45 Video Marketing Strategy ICS firmly believes that video content captures attention and engages audiences in a way that text or static images often cannot. Appealing to someone’s visual and auditory senses, videos can be memorable and impactful and allow cities to share referendum information in story form. ICS has worked with Captivate Media + Consulting, an award-winning team of digital content creation experts, since 2017. 87% of clients that have engaged ICS and Captivate have successfully passed at least one question when videos are used in the overall communications plan. We feel confident that targeted videos would complement other materials and aid a successful City of Cottage Grove referendum plan. Please note that the costs of traveling, filming, creating, and editing any videos throughout the campaign are not included in our proposed fee. Captivate Media + Consulting provides several options to work within the city’s budget and timeline. The choices below are not comprehensive, but they are the most effective offerings in referendum campaigns. Group Presentations Strategy Ultimately, how we communicate and through what channels won’t replace your city’s face-to- face connections with your community members. Personal connections are the most valuable way of communicating. (Captivate Media Video Offerings Offered to Referendum Clients) Type of Video and Length Interactive Examples Short Storytelling Video: A series of videos that focus on one or two key interviews speaking directly about a specific message. Each video is approximately 60 seconds and costs approximately $1,500 - $2,000 per video when making three or more. Comprehensive Storytelling Video: A comprehensive overview video to help explain the referendum to all audiences. This video is approximately three to four minutes and costs approximately $7,500 - $9,500 (travel and complexity dependent). Animated Storytelling Video: An animated video that requires additional visuals such as school funding or shifting grades. This video is approximately one to three minutes and costs approximately $3,500 per edited minute. Social Media Optimized Content: For the video options above, re-purposing the content for shorter, focused videos for social media can be effective. This video is approximately 60 seconds or less and costs approximately $900 when a primary video is purchased. Ag2School Video: A templated, animated video to help explain the Minnesota Ag2School tax credit to voters. Your custom logo is added to the video. This video is approximately two minutes and costs approximately $750 when a primary video is purchased. ($2,500 on its own) TYPES OF VIDEO OFFERINGS PRIMARY VIDEOSSECONDARY VIDEOSTemplated Bond/Levy Video: A templated, animated video to help explain your request to voters. Your custom logo is added to the video. This video is approximately 90 seconds and costs approximately $2,500. We are willing and able to work within your budget and timeline. The offerings below are not comprehensive, but they are the offerings we have found most effective in referendum campaigns. If you have any questions, please reach out to your ICS business development representative. SECONDARY VIDEOSWe would not recommend a community-wide presentation to a larger audience because: 1. It’s not conducive to answering specific and individualized questions residents may have. 2. As we get closer to an election, the attendees are often people who already have formed strong opinions about the referendum, and want to use the meeting as a rally. 3. Does not provide a flexible alternative for residents to attend when it’s most convenient. Instead, we feel open house-style meetings with various informational stations are most effective. City administration, board members, and project team members would be at the informational stations to answer questions and gather community feedback. Poster boards, fliers, and absentee ballot applications are effective printed materials during these meetings. It’s important to note that the city is required, by statute, to hold a public hearing about the project no later than 30 days before the City of Cottage Grove submits the initial building construction cost estimates for approval. Our team would propose creatively structuring this meeting to avoid the three pitfalls of large- scale meetings, as noted above. In our experience, group presentations are most effective in smaller settings. We recommend that the city identifies key stakeholder groups within the community and presents at their meetings. Based on the core messages we developed, our team would build a core presentation that can be modified based on the audience being addressed. Poster boards, fliers, and absentee ballot applications are also effective materials during these meetings. Post-Referendum Training As a communications plan is adopted, we will also work with the city to define roles for material development, review, and approval. We can quickly adapt depending on the city’s preference for transferring information. Typically, most clients we work for are well-versed in Google Suite. Our team would be responsible for setting up a Google Drive for the referendum, creating and maintaining weekly communications agendas, and using Google Drive to track and review all referendum collateral items. This would be an internal Google Drive only accessible to those working on referendum communications for the City of Cottage Grove. We also recommend that the city conduct training for council members and the administrative team to prepare them for the activities expected during the referendum, including discussions with community members, responding to questions, and media interviews. Adapting Our Communication Plans We propose that the city schedule weekly communications meetings with team members involved in the communications plan. During these meetings, we review and share the communications/ editorial calendar to ensure all activities are on track. We will also ask the group involved what they have heard in the community over the previous week each week. This conversation allows our team to have a better pulse on what, if any, items need to be changed to further address community feedback. In addition, our weekly review of the microsite and social media allows us to understand further where informational activities need to be adapted to better connect with residents. It’s important to note that the communications/editorial calendar is not set in stone. Items can be pushed, expedited, added, or removed based on what we hear in the community and what we feel is best for the remainder of the communications campaign. (Referendum Microsite Traffic and Site Content Analytics Provided by SquareSpace) 46 | REFERENDUM PROJECT APPROACH REFERENDUM PROJECT APPROACH | 47 Community Wide Research and Survey In our opinion, there is no “bad” research. The biggest mistake is misinterpreting the results to be more significant than they are. Our team has typically worked with the following types of research: 1) qualitative versus quantitative, 2) scientific sampling (poll) versus an open invitation (survey), and 3) city-wide versus sub-groups. For example, many clients use online surveys or online surveys sent through mail advertising to obtain data at lower costs than telephone surveys. While the per-unit price of this approach is attractive, these types of surveys tend to attract primarily existing stakeholders, resulting in a sample that doesn’t reflect the voting population of the city. The data is not inaccurate but should be used primarily to understand stakeholders. At the same time, telephone surveys will help understand the opinions of a set of residents that reflect the city’s demographics. Reviewing Voter Registration Data We use the voter registration data to better understand the likely population of voters in a special election, broken down by age, location, and past voting history. This can be valuable for clients, although we would remind you that any referendum information from the city should be available to any resident. An advocacy group (which is not a party to this proposal) will likely use the voter registration data to help target their work. (Referendum Community Engagement Survey Samples) (Referendum Community Engagement Survey Question Samples from Morris Leatherman) 5. What do you think is the most important issue facing the __________________ Schools? ____________________________________________________________ ____________________________________________________________ 6. How would you rate the quality of EXCELLENT...............1 education provided by the ________ GOOD....................2 __________ Schools -- excellent, ONLY FAIR...............3 good, only fair, or poor? POOR....................4 DON'T KNOW/REFUSED......5 IF "GOOD," "ONLY FAIR," OR "POOR," ASK: 7. What actions would you recommend to improve the quali- ty of education in the __________________ Schools? _______________________________________________________ _______________________________________________________ 8. Compared with three years ago, MUCH BETTER..............1 would you say the overall quality SOMEWHAT BETTER..........2 of education provided by the ______ ABOUT THE SAME...........3 ___________ Schools is much bet- SOMEWHAT WORSE...........4 ter, somewhat better, about the MUCH WORSE...............5 same, somewhat worse, or much DON'T KNOW/REFUSED.......6 worse? I would like to read you a short list of quality of education indicators. From what you have seen or heard, please rate the __________________ Public Schools as excellent, good, only fair, or poor. If you have no opinion, just say so.... (ROTATE) EXC GOO FAI POO DKR 9. Student scores on standardized tests? 1 2 3 4 5 10. Percentage of high school graduates going on for further education? 1 2 3 4 5 11. Broad curriculum serving all students, whether they are college-bound, vocation training-bound or employment-bound? 1 2 3 4 5 12. Small class sizes? 1 2 3 4 5 13. Safe and secure learning environments? 1 2 3 4 5 14. Modern school buildings and facilities? 1 2 3 4 5 15. Well maintained school buildings and facilities? 1 2 3 4 5 16. National and state awards of excellence? 1 2 3 4 5 EXC GOO FAI POO DKR 17. Up-to-date technology? 1 2 3 4 5 18. Which ONE of the following indicators is MOST important in shaping your perception of a high quality school district? (READ LIST #1-#8) STUDENT SCORES ON STANDARDIZED TESTS..................01 PERCENTAGE OF HIGH SCHOOL GRADUATES GOING ON FOR FURTHER EDUCATION.........................02 BROAD CURRICULUM SERVING ALL STUDENTS, WHETHER THEY ARE COLLEGE-BOUND, VOCATIONAL TRAINING-BOUND, OR EMPLOYMENT-BOUND.................................03 SMALL CLASS SIZES.....................................04 SAFE AND SECURE LEARNING ENVIRONMENTS.................05 MODERN SCHOOL BUILDINGS AND FACILITIES................06 WELL MAINTAINED SCHOOL BUILDINGS AND FACILITIES.................................... ..07 NATIONAL AND STATE AWARDS OF EXCELLENCE...............08 UP TO DATE TECHNOLOGY.................................09 Combination (Refuses to choose one)...................10 Don't Know/Refused....................................11 19. Overall, do you think the _______ ALL......................1 ___________ Schools meet the learn- MOST.....................2 ing needs of all students, most ONLY SOME................3 students, only some students, or VERY FEW.................4 very few students? DON'T KNOW/REFUSED.......5 IF "MOST," "ONLY SOME" OR "VERY FEW," ASK: 20. Is there any one type of stu- DON’T KNOW/REFUSED......00 dent whose learning needs you NO......................01 think are not being met? (IF GIFTED AND TALENTED.....02 "YES," ASK:) Who would that be? AVERAGE.................03 (DO NOT READ LIST) STRUGGLING..............04 LOW-INCOME..............05 _____________________________ DIVERSE.................06 ESL.....................07 _____________________________ SPECIAL EDUCATION.......08 UNDERACHIEVERS..........09 I would like to read you a short list of statements others have told us. For each one, please tell me whether you strongly agree, agree, disagree, or strongly disagree. If you don't know, just say so. 48 | REFERENDUM TIMELINE REFERENDUM TIMELINE REFERENDUM ACTIVITIES AND DELIVERABLES SAMPLE REFERENDUM TIMELINE | 49 ICS and Rapp Strategies prefer to work through the referendum timeline of activities and deliverables with the City of Cottage Grove staff to ensure that it reflects what you has already been communicated to the public, but also where to best invest the city’s communications assets. Deliverable or Activity Responsibility Start End Due Date Communications kick-off meeting ICS/RSI/City of Cottage Grove 11/30/2023 PLANNING PHASE: Identify the city's challenges, the process to identify those, the proposed plan, and the benefits of the plan.N/A 12/1/2023 2/28/2024 N/A Establish meeting cadence ICS/RSI 12/31/2023 Establish project brand, including a logo and style guide ICS/RSI 12/1/2023 1/15/2024 1/15/2024 Make decision on where content will be house online (microsite)ICS/RSI/City of Cottage Grove 12/1/2023 1/15/2024 1/15/2024 Draft communications campaign and calendar, including city publications, city events, local media, fliers, social media, etc. ICS/RSI 1/8/2024 2/1/2024 2/1/2024 Pass a formal resolution that includes the proposed tax rate, detailed project description, project documentation on providing an economic benefit to residents, businesses, and visitors, outline the amount of revenue to be raised, and the estimated length of time the tax will be in effect. City of Cottage Grove TBD TBD TBD Submit approved resolution and supporting documents to the senate and house tax committee chairs City of Cottage Grove TBD 1/31/2024 1/31/2024 Evaluate whether any additional communication strategies need to be included, such as videos ICS/RSI/City of Cottage Grove 1/8/2024 1/15/2024 1/15/2024 Complete first phase of core messaging (process, the challenges, the benefits, and the need for a sales tax referendum)ICS/RSI TBD 2/5/2024 2/5/2024 Revise/finalize communications campaign based on city feedback ICS/RSI 2/5/2024 2/15/2024 2/15/2024 Complete second/final phase of core messaging, including frequently asked questions ICS/RSI 2/5/2024 2/15/2024 2/15/2024 Community survey (draft in early January, results in early February, and analysis and edits to core messaging in mid-February)ICS/RSI/City of Cottage Grove 1/1/2024 2/15/2024 2/15/2024 Identify launch date for microsite - ICS/RSI recommends the week of April 15 ICS/RSI/City of Cottage Grove 2/1/2024 2/5/2024 2/5/2024 Identify stakeholder groups, civic groups, and others who should be engaged throughout the communications campaign ICS/RSI/City of Cottage Grove 2/1/2024 2/15/2024 2/15/2024 Microsite design and launch ICS/RSI 2/28/2024 4/15/2024 4/15/2024 Build out other communication materials: LOST handbook, presentation, social media calendar, editorial calendar, etc. ICS/RSI 2/28/2024 4/15/2024 4/15/2024 ENGAGEMENT PHASE: Identify and engage with key community stakeholders, and host initial public meetings and forums. N/A 3/1/2024 5/1/2024 N/A Schedule and conduct meetings with key community and civic organizations City of Cottage Grove 4/15/2024 11/5/2024 N/A Once legislative approval is given, revise and affirm the resolution, which must be passed at least 90 days before a general election.City of Cottage Grove N/A 8/7/2024 8/7/2024 Comprehensive communications campaign, including microsite updating, maintenance, and analytics, newspaper articles and publications, internal emails, local event presence, fliers and other print materials, social media creation, scheduling, maintenance, and analytics, other digital components, mailers, and more ICS/RSI 4/1/2024 11/5/2024 N/A EDUCATION PHASE: Develop and distribute communication materials.N/A 6/1/2024 8/1/2024 N/A ACCELERATION PHASE: Start the push for early voting and drive people to where they can find more information. N/A 9/1/2024 9/30/2024 N/A OUTCOME PHASE: Share information on the plan and how to vote using various tools to distribute the message.N/A 10/1/2024 11/5/2024 N/A Election Day N/A 11/5/2024 11/5/2024 N/A If approved, the city must create and pass an ordinance imposing the tax, file a certificate of approval and copy of the ordinance with the MN Secretary of State, and notify the MN Department of Revenue in writing to start a new local tax. City of Cottage Grove TBD TBD TBD TBD (Likely November 2023) TBD (Likely December 2023) Expectations of City Staff and/or Elected Officials to Maintain the Timeline As part of this project, ICS identifies the following expectations of city staff and/or elected officials to maintain the timeline: • We expect engagement and responsiveness from the City of Cottage Grove, including attending a regular cadence of communication meetings and reviewing various deliverables such as core messages, website content, fliers, and more. In addition, we expect timely responsiveness when it comes to emails, questions, phone calls, etc. • We expect access to a variety of assets to be distributed to ICS. These items include a brand guide and logos, photos to use across a variety of deliverables, access to social media platforms, and more. • In our experience, we have found Google Drive to be the most effective way to share and edit documents across multiple parties. This reduces the potential for multiple versions of various documents and allows everyone to edit content simultaneously throughout the process. If possible, we expect the city to use Google Drive and the folders that we set up as part of the overall campaign. • We expect the city to aid us in executing communications to a certain level. As part of our services, we will do everything in our power to execute communications for the city’s Local Option Sales Tax referendum. However, a few items, such as coordination with your local newspaper and sending out internal emails, will need to be completed by city staff members. We will aid the city in writing newspaper articles and internal emails but sending them to the appropriate parties will be completed by the city. We will do our best to limit the number of additional items that city staff members are responsible for, as our goal is to serve as your advocate and partner throughout the entire process. 50 | REFERENDUM TIMELINE COST PROPOSALCOST PROPOSAL | 51 ICS Team City Comprehensive Communication Plan and Support X X City Microsite Restructure for Optimum Community Engagement X X City Voter Analysis X Public Survey and Polling X Online Survey Development and Implementation X Engage Local and State Education Union Leaders X X Create and Implement Strategy, Plan, and Timeline for Successful Referendum X X Community Engagement Content Development and Production X City Community Leadership Outreach X X Traveling, Creating, Filming, and Editing Videos X Prepare and Implement Strategic Community Information Sessions X X Other Assessments and Surveys as Needed (TBD)X Project Design Meetings X Architectural Renderings for Public X Misc. Coordination/Support/Strategy/Presentations, etc.X X Total $38,000 Varies Based on our extensive experience with public referendums, the information below is an estimate of costs that both ICS and City of Cottage Grove will incur to achieve a successful result in funding the proposed recreational improvements. When involved in a public referendum, we have found the items below to be extremely important to achieve success. When corners are cut due to cost concerns or perceived value, we are left without clarity as to why the vote was unsuccessful. The total cost below should be considered as a not-to-exceed fee. The costs shall be paid following the completion of services via the following scenarios: Successful Referendum Outcome Upon a successful outcome of the public referendum and when ICS is chosen to implement the work as the city’s Construction Manager (CMa or CMaR), the identified pre-referendum fees will be wrapped into our CM fee. Unsuccessful Referendum Outcome ICS shall invoice the city 50% of the fee for services when this agreement is signed, the remaining 50% when the outcome of the public referendum has been decided, and services should be deemed complete upon that decision. 52 | COST PROPOSAL CONSTRUCTION MANAGEMENT APPROACHCONSTRUCTION MANAGEMENT APPROACH | 53 Since 2006, ICS has successfully collaborated with our clients to build ongoing relationships while developing innovative facility solutions, no matter the challenge. We understand that the city’s identified improvements and corresponding bond referendum represent a significant commitment of taxpayer dollars by the city. With our technical expertise drawing from various backgrounds and extensive experience in the construction industry, we deliver the information you need to make the best investment decisions for you and your stakeholders. Together, we embrace your vision while uncovering new opportunities to maximize the value of your community’s investment. Our team brings a wide range of local and regional experiences that makes ICS the best choice for providing the services and support you need. ICS leads a three-phase approach in completing the construction of the identified scope for the City of Cottage Grove. • Phase I: Pre-construction Phase • Phase II: Bidding Phase • Phase III: Construction Phase While not specific to any one phase identified above, no project is successful without a clear communications plan that establishes the roles and responsibilities of all parties involved. This plan also outlines how information related to execution of the scope is to be conveyed both internally and externally. We strongly believe that establishment of this plan crafted to your city is essential so that all parties are on the same page. This is the most effective way to eliminate misunderstandings and address issues at the lowest possible level during the course of any project. Additional detail of specific communication strategies is expanded upon in the phase specific information that follows. OUR APPROACH 54 | CONSTRUCTION MANAGEMENT APPROACH OUR APPROACH CONSTRUCTION MANAGEMENT APPROACH | 55 Projects are won and lost during the pre-construction phase. Because no two projects are the same, ICS invests considerable time working as the district’s true owner’s advocate with the design team to tailor the right approach that ensures project success. We do this through the following processes: Managing the Project Process • Establish process outline, time frame, and internal communications plan. • Identify the roles and responsibilities of all entities involved. Phasing and Scheduling the Project • Develop the framework for the entire project. • Master schedule that aligns critical milestones with projected bid dates, equipment lead times, student activities, and school year start and end dates. • Key dates and phasing constraints are communicated to trade contractors. Providing Cost Estimates and Cost Control • Accurate and reliable cost estimates throughout the entire process. • Decades of project experience from a continuously updated database. • Continually checked against recent bid projects and conversations with trade contractors and vendors. Quality Control and Value Engineering • Constructability reviews. • Life cycle cost analysis related to building components, materials, and system selections. • Detailed value engineering evaluating cost and return on investment of the systems chosen but also identifying availability. PHASE I: PRE-CONSTRUCTION PHASE 56 | CONSTRUCTION MANAGEMENT APPROACH PHASE II: BIDDING PHASE A successful construction project begins with a successful bid phase. Our goal is to secure the maximum number of competitive bids that best represent the true pricing and best value for your investment and within your budget. Before bidding, we develop a detailed procurement strategy plan. This process includes: Preparing Bid Standards for Construction • Development of specifications communicating the guidelines and expectations to complete your project. • Work scopes tailored to your project to reflect the true scope of work. Managing the Bid Process • Secure the maximum number of competitive bids that best represent the true pricing and best value for your investment and within your budget. • Actively recruiting local and regional construction contractors. • We are committed to collaborating with you and your local business leaders to customize work scopes. • Oversee the entire bidding process. Review and Recommendation to Award Bids • Conduct pre-bid conferences to: • Review the project’s scope of work with prospective bidders. • Provide the opportunity for bidders to familiarize themselves with the building and site conditions. • Communicate the project’s unique phasing, staging, and safety precautions. • Post-bid interviews to qualify the lowest responsible bidder(s). • Recommendation to award; and preparation of contract(s). CONSTRUCTION MANAGEMENT APPROACH | 57 PHASE III: CONSTRUCTION PHASE Every project provides its own unique challenges. ICS has a proven track record of delivering construction projects that allow staff to focus on their daily responsibilities while having confidence that the project is being managed effectively and completed on time and on budget. We do this through the following processes: On-Site Supervision and Management of the Project • Full-time, on-site coordination, and management of all trade contractors and site-related issues and activities throughout construction. • Daily connection to all entities involved in the project. • Perform daily job site walks to monitor progress and identify project and potential safety issues. • Daily check-ins with a trade foreman to discuss upcoming activities on site. • All information uploaded to Procore, providing the entire team with access to all project-related documents. • We do not self-perform work allowing us to serve as the city’s true owner’s advocate in delivering quality projects. Safety Plan • We oversee weekly “toolbox talks” to keep safety in the forefront of all on-site work. • All trade contractors must complete site-specific safety orientations before beginning their work on-site. • ICS actively participates in OSHA’s consultation program, allowing us to proactively bring OSHA on-site to review. • ICS maintains an internal safety committee that continuously reviews and improves our safety approach. Keeping Your Project on Schedule • We have continued to track lead times of materials. • Regular check-in with trade contractors to determine the available workforce. • Request input on the project schedule to gain buy-in on the overall schedule. • Monitor construction progress and ensure the timeliness of completion of the work. • Weekly and monthly progress reports to your stakeholders. Monitoring Project Cost • CS tracks and reviews all project costs associated with the project starting from the pre-construction phase through the construction phase. • We negotiate with trade contractors and vendors to ensure that taxpayers receive fair investment value. • Overall budget summary that tracks all soft and construction costs. • Review all pay applications and vendor costs with the design team to verify that the payment request aligns with the work completed. • Regular budget reconciliation meetings. Change Order Procedures and Dispute Resolution • Resolution of disputes at the lowest possible level with a firm but fair approach. • Ensuring the city is not paying for work already covered in the Contract Documents. • Verification that the costs and credits submitted represent fair value for the scope of work identified. • The impact on the schedule due to the change is fully understood. • Confirmation of information submitted for review conforms with the Contract Documents. • Regular review of identified and pending costs with the city and design team prior to inclusion in a change order. Ensuring Project Quality • Maintain a rigorous quality control program for all projects. • Site superintendents perform daily job site walks to document work progress, identify the workforce present on-site, and identify potential safety issues. • Fully documenting deviations and non-conforming work and notification of the responsible contractor. • During the entire process, the city is informed of the identified issues, method, and resolution schedule. Managing Project Closeout • Pre-inspection meetings and walkthroughs in advance of formal inspections to work cooperatively with the governmental entities. • Monitor trade contractors’ progress to ensure they are prepared for punch list walkthroughs and completion of the work in a timely manner. • Monitor the necessary testing and balancing of the equipment and verify the associated reports are being completed so that the required information is available to inspectors in their final inspections. • Walk with inspectors during their final inspections to quickly address issues and gain temporary and final occupancy certificates. • Proactively schedule the 11-month warranty walkthroughs. 58 | CONSTRUCTION MANAGEMENT APPROACH It is through innovation, clear communication, and unparalleled technical expertise that we’re able to build strong connections that make a difference. We’re excited to partner with you as you begin your project journey. ICS-BUILDS.COM