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HomeMy WebLinkAbout2012-10-11 - Council AgendaAgenda Corcoran City Council October 11, 2012 7:00 PM 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval 4. Open Forum 5. Presentations -Todd Mikkelson, Candidate for State House of Rep. District 33A 6. Planning Business - None 7. Engineering / Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of September 27, 2012 Council Meeting* b. Fire Arms Safety Donation Resolution 2012 -59* 10. Staff Reports/ Memos /Commissions a. Parks & Trails Commission -Draft minutes of September 18, 2012* 11. Unfinished Business a. Sewer and Water Project* b. PW Facility i. Architect Contract* ii. Construction Manager Contract* c. 2013 Budget* i. Wage and Benefit Package for 2013 ii. Proposed Adjustment to Draft 2013 Budget d. Performance Review Process for City Administrator and Director of Public Safety 12. New Business a. Establishing Public Hearing Date for Certifying Delinquent Fees to County b. Community Development Project c. Request to Amend Conditional Use Permit Approved in Resolution 1996 -39* 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Review of Upcoming Council Meeting Agenda 16. Adjournment *Includes Materials - Materials relating to these agenda items can be found in the House Agenda Packet by Door. Administrator's Agenda Notes Corcoran City Council Meeting October 11, 2012 4. Open Forum 5. Presentations -Todd Mikkelson, Candidate for House District 33A. Mr. Mikkelson office called and asked if he could make an appearance. I did caution them that this has to be an introduction only and can't be part of his campaign for office. 6. Planning Business -None 7. Engineering / Wenck -None 8. Public Hearing -None 9. Consent Agenda a. Draft Minutes of September 27, 2012 Council Meeting b. Fire Arms Safety Donation. See report 10. Staff Reports/ Memos /Commissions a. Draft Parks and Trails Meeting Minutes of September 18, 2012 11. Unfinished Business a. Sewer and Water Project- Update. Staff will provide a verbal update. Also, the city engineer is recommending that pay request #2 be approved by the council b. PW Facility i. Approval of Architect Contract. The city attorney, the city engineer, and I have been working on the two contracts over the last several weeks. Both contracts (Architect and Construction Manager) are based on the model contracts developed by the American Institute of Architects (AIA). If you have any questions on the contracts or their provisions, try and let me know prior to Thursday's meeting and the city attorney and I can have answers ready at the council meeting. Also note that we have set up the agreements such that any: additional services, deviation, exceptions, or changes to the project; or work performed by the CM or Architect require the approval of the city council. This should arrest any contract creep or cost escalations. ii. Approval of Construction Manager Contract iii. Verbal Update c. 2013 Budget i. Setting the employee benefit package. I am asking the council to approve the 2013 employee wage and benefit package. This is needed now as the Open Enrollment period is starting in a week. See my report. d. Performance Review of City Administrator and Police Chief. At the meeting, I will hand out the Performance Review Forms that you have used in the past. Also, the Chief and I are preparing our individual memos on our performance over the last year. We consider these confidential at this time so they will not be handed out at the actual council meeting. We will get those memos to you just prior to the meeting. The council should decide what process to follow with a calendar. 12. New Business a. Delinquent Fees. Staff is asking the council to set the date for the annual public hearing on certifying delinquent fees to the 2013 property tax rolls. Suggested date is November 8, 2012 Community Development Ideas. I recently sent an email to the Star Tribune editor of the Metro West section of the paper that appears each Wednesday. Staff thinks an article on Corcoran's first efforts at building its public sewer and water utility is worth noting. We are, to the best of my knowledge after checking around the county, the last city to develop its combined system. I know Independence provides only water but I believe we are the last Administrator's Agenda Notes Corcoran City Council Meeting October 11, 2012 city in Hennepin to take the step. I hope to get a reply by the council meeting date. This also got us to thinking about other community development steps we should be taking. I think it is worth thinking about starting now and carrying on into next year with the seating of the new council. I would like to suggest the idea of holding a joint meeting with the council, planning commission, parks and trails commission, and maybe a few residents after the first of the year to develop a multi -year plan. Perhaps we could use the services of a development professional to assist. We are on the cusp of some significant development especially in the corridor along Co Rd 10 and also in the NE corner of the city. I think it is worth getting ahead before any significant proposal start coming in. c. Amending Resolution 1996 -39. This pertains to a request to amend the existing Conditional Use Permit (CUP). The property owner in question has asked for a slight language amendment to the CUP to allow the original property owner (same as in 1996) to use the property in the same manner as outlined in the resolution. Please review the paperwork in the council packet. The City Attorney, the City Planner, and I recommend the amendment by undertaking the following steps: i. Order staff to amend the Resolution and CUP. This will then bring the amended language to the Planning Commission for a public Hearing. They will pass on the request and then it will come to the council for final consideration. ii. Consider a change to the council adopted fee schedule. Currently there is a fee requirement of $550 and an escrow of $2,000 for a CUP. This does not fit our current situation. In this case, we are considering a slight language change in an existing CUP. Since there is no change in the use of the property or in the ownership of the property, the council should adopt a new fee that better fits a minor change to an existing CUP. I recommend perhaps $100 fee with no or very low escrow iii. Taking the above steps preserves the city's ability to adhere to an overall planning and zoning administration. Just waving any current processes such as making the changes to this CUP without going through the ordinance required steps sets us up for other requests for changes wanting similar no fee /escrow treatment. 13. Claims as Presented * a. Escrow Claims (Fund #500) b. Building Inspections Claims c. All Other Claims As Presented 14. Unscheduled Items 15. Review of Upcoming Council Meeting Agenda 16. Adjournment Planning Commission Council Calendar 7/10/12 8/2112 9/6/12 10/4/12 11/1/12 12/6/12 Cossette Asleson Milbrandt Guenthner Cossette Gmach P & T Commission Administrator's Agenda Notes Corcoran City Council Meeting October 11, 2012 6/19/12 7/17/12 8/21/12 9/18/12 10/16/12 11/20/12 Gmach Asleson Milbrandt Guenthner Cossette Gmach City of Corcoran City Council Meeting Minutes September 27, 2012 - 7:00 PM The Corcoran City Council met on September 27, 2012, at City Hall in Corcoran, Minnesota. Present were, Mayor Guenthner, Councilor Asleson, Councilor Cossette, Councilor Gmach, and Councilor Milbrandt. Also present were City Administrator Donahue, City Attorney Carson, City Engineer Torve, City Planner Lindahl, Public Works Superintendent Meister, Public Safety Director Gormley, and City Clerk Heinecke. Mayor Guenthner called the regular meeting to order at 7:00 pm. 1. Call to Order / Roll Call 2. Pledge of Allegiance 3. Agenda Approval MOTION: made by Cossette, seconded by Milbrandt to approve the agenda as presented with the following addition. 12g. Recycling, unoccupied homes Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) 4. Open Forum Chad Robran 19805 Olde Sturbridge Dr., Reported on the success of the 2012 Corcoran Country Daze Festival. Thanked Public Works department and Public Safety department for their hard work and support. Councilor Milbrandt congratulated the Corcoran Country Daze team for their efforts, as did Mayor Guenthner. 5. Presentations 6. Planning Business / Landform a. Public Works Facility Ordinance 2012 -272, Resolution 2012 -54, 2012 -55, and 2012 -56 MOTION: made by Cossette, seconded by Milbrandt to approve Ordinance 2012 -272 "Amending Title X of the City Code to Classify Certain Land Located at 23185 Co Rd 10 (18- 119- 23 -11- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) MOTION: made by Milbrandt, seconded by Cossette to approve Resolution 2012 -54 "Findings of Fact for Rezoning Property Located at 23182 Co Rd 10 (18- 119- 23 -11- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) MOTION: made by Milbrandt, seconded by Cossette to approve Resolution 2012 -55 "Approving Preliminary Plat for "Roehlke Addition" on Property Located at 23182 Co Rd 10 (18- 119- 23 -11- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) MOTION: made by Milbrandt, seconded by Cossette to approve Resolution 2012 -56 "Approving Final Plat for "Roehlke Addition" on Property Located at 23182 Co Rd 10 (18- 119- 23 -11- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) b. Patnode AG Preserve, Resolution 2012 -43 MOTION: made by Cossette, seconded by Gmach to approve Resolution 2012 -43 "Approving Request of Metropolitan Agricultural Preserve Designation and Initiating Expiration of Designation for 80 -Acres of Land Owned by Daryl and Lourdette Patnode (30- 119- 23 -11- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) City of Corcoran City Council Meeting Minutes September 27, 2012 - 7:00 PM c. Schmid Topo and Wetland Waiver, Resolution 2012 -53 MOTION: made by Gmach, seconded by Cossette to approve Resolution 2012 -53 "Approving a Topography and Wetland Delineation Exemption for Property Located at 21925 Oakdale Dr. (04- 119 -23 -43 -0002) and 21820 Oakdale Dr. (04- 119- 23 -42- 0003)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) d. MTP West Acres Revised Preliminary and Final Plat, Resolution 2012 -51 and 2012 -52 MOTION: made by Cossette, seconded by Asleson to approve Resolution 2012 -51 "Approving Preliminary Plat for "MTP West Acres" on Property Located at 23240 Co Rd 50 (19- 119- 23 -41- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) MOTION: made by Cossette, seconded by Milbrandt to approve Resolution 2012 -52 "Approving Final Plat for "MTP West Acres" on Property Located at 23240 Co Rd 50 (19- 119- 23 -41- 0001)" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) e. Shared Driveway Issues, 229XX County Rd 50 — City Attorney Carson advised council of the shared driveway situation. Attorney Carson does not recommend city involvement in the resolution of this situation. Dale Haglund 22966 Co Rd 50, spoke to the council about the history of the driveway. Mr. Haglund asked the city to review the original agreement for viability by today's standards with hopes of ratifying the original agreement. Tim Kreps 22956 Co Rd 50, purchased the property in February 2012. A goat path is being used as the driveway. Mr. Kreps suggested the city is not treating landowners fairly because things slipped through the cracks. Mayor Guenthner directed the city engineer to review the driveway agreement against today's standards. David Foy 8115 Co Rd 116, Mr. Foy was involved in the sale of property. The title company he dealt with is washing their hands of the issue and suggests all should accept the used driveway and file that in court. No permits should have been issued until the road was approved. Would the city for the benefit of safety and access fix this? Staff was directed to research the city's position and come back to the council. Mayor Guenthner recessed the meeting at 7:48 to reconvene in closed session Mayor Guenthner reconvened the open meeting at 8:08 7. Closed Meeting a. To consider Sewer and Water easement offers Council authorized the city attorney to continue the negotiation's with property owners. 8. Engineering / Wenck a. Trail Haven Street Improvement Analysis presented by City Engineer Torve. Council discussed and listened to several property owners. Staff was directed to prepare an information letter of preliminary findings for property owners and obtain a professional opinion related to assessment of the potential project. 9. Public Hearing -None 10. Consent Agenda a. Draft Minutes of September 13, 2012 Council Meeting City of Corcoran City Council Meeting Minutes September 27, 2012 - 7:00 PM MOTION: made by Milbrandt, seconded by Asleson to approve September 13, 2012 council meeting minutes as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) b. Resolution 2012 -50 Accepting NW Area Jaycee's Donation MOTION: made by Cossette, seconded by Milbrandt to approve Resolution 2012 -50 "Accepting NW Area Jaycee's Donation ". Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) 11. Staff Reports/ Memos /Commissions a. 2012 to Date Financial Performance Report received — no action taken b. Corcoran Country Daze Editorial received — no action taken c. Planning Project Update received — no action taken d. Code Enforcement Update received — no action taken 12. Unfinished Business a. Sewer and Water Project i. Maple Grove Water Agreement MOTION: made by Gmach, seconded by Milbrandt to authorize the Maple Grove Water Agreement as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) b. PW Facility i. Discussion on Preliminary Design and Construction Options of Public Works Facility — no action taken. c. 2012 -13 Equipment CIP x/F MOTION: made by Milbrandt, seconded by Asleson to approve 2012 -2013 Equipment CIP at $350,205 with the intent to reimburse the General Fund upon sale of a certificate of indebtedness. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) d. Approval of Permit Works Software MOTION: made by Milbrandt, seconded by Asleson to approve the purchase of Permit Works Software as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) e. Review IRS Policy on Bonded Debt, report received — no action taken. f. Financial Advisory Service Agreement, City and Northland Securities, Inc. MOTION: made by Milbrandt, seconded by Asleson to approve the Financial Advisory Service Agreement with Northland Securities, Inc. as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) g. Recycling, staff was directed to research Hennepin County requirements related to recycling fees at unoccupied properties. 13. New Business a. Approve Application for Hennepin Youth Equipment Sports Grant MOTION: made by Gmach, seconded by Asleson to approve Resolution 2012 -54 "Approving a Hennepin County Youth Sports Equipment Grant Application" Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. City of Corcoran City Council Meeting Minutes September 27, 2012 - 7:00 PM (Motion carried 5:0) b. Approval of Joint Hennepin Youth Sports Grant Application by Rockford School District MOTION: made by Gmach, seconded by Cossette to approve Resolution 2012 -58 "Approving a Joint Hennepin Youth Sports Grant Application" with updated language as discussed. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) c. Discuss Performance Review Process for Administrator and Public Safety Director. Staff directed to seek guidance from the city attorney on distribution and maintenance of personnel review documents. Staff to prepare personal input on their performance for the council. 14. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Milbrandt, seconded by Asleson to approve escrow claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) b. Building Inspections Claims MOTION: made by Milbrandt, seconded by Asleson to approve building inspection claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) c. All Other Claims As Presented MOTION: made by Milbrandt, seconded by Asleson to approve all other claims as presented. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) 15. Unscheduled Items -None 16. Review of Upcoming Council Meeting Age a a. Assessment Policy b. Project Performance Report MOTION: made by Milbrandt, seconded by Asleson to adjourn. Voting Aye: Guenthner, Asleson, Cossette, Gmach, and Milbrandt. (Motion carried 5:0) Meeting adjourned at 10:54 Jeanie Heinecke, City Clerk ........... 4.. ... ..... ......... . ............... .......... ............ . . ...... ... I ................................................. ... ...... . " ..................................................................................................................... .......... ......... ..... -A�l ....... 4� ................ .............. ........... ........ .... .................. ............................................................................... .............................. ... .............. .............. .............................. . ..... .. 11 . ............. ........... .. ........ .................. Qu ........................... . .................................................................................. C C� e 0-1, a" 39607NP3 PA�e�- OLICF.OFIIc- P ,,a GoRCO .44 October 3, 2012 Mr. & Mrs. Dan Lange 9515 County Road 19 Corcoran, MN 55374 CITY OF CORCORAN POLICE DEPARTMENT Chief Sean Gormley RE: Thank You Note and Donation Dear Lange Family, I% E.XfBER MINNESOTA CHIEFS OF POLICE ASSOCIATION The City of Corcoran has received your kind note of thanks and generous donation. I do appreciate the kind words. It was an honor to be invited to your family reunion. Spending time with the many generations of the Lange Family was truly special and I learned some Lange history as well. I must thank you for allowing me the opportunity to spend time with so many wonderful people. Oh, I might add, the food was fantastic! I wanted to let you know that the City of Corcoran will be earmarking your donation towards the Firearm Safety Program. Although the Corcoran Police Department oversees the Firearm Safety Program, it is truly a culmination of the community and the volunteer instructors who make this program so successful. We all can be proud of 30 plus years of Corcoran Firearm Safety Program. The members of the Corcoran Police Department thank you for your continued support. If there is anything else I or anyone from your police department can assist with, please do not hesitate to call upon these services. Respectfully, /,:—, ,— c Lieutenant John Hamilton Corcoran Police Department 8,20O.C.OUNT.Y -ROAD 116 • CORCORAN, MINNESOTA 55340 • PHONE (?63)420 -8966 • FAX (- 67)420 -896 City of Corcoran County of Hennepin State of Minnesota CITY OF CORCORAN RESOLUTION 2012 -59 October 11, 2012 r 0 MOTION BY: SECONDED BY: APPROVAL OF DONATION TO FIREARM SAFETY PROGRAM WHEREAS, the City of Corcoran supports the efforts of the DNR Firearms Safety Program lead by the Corcoran Police Department; and WHEREAS, Betty and Dan Lange of Corcoran have made a contribution to the City of Corcoran in the amount of $100; and WHEREAS, and that the contribution be earmarked for the continued education of the Firearms Safety Program made available to our citizens; and NOW THEREFORE BE IT RESOLVED, the City Council of the City of Corcoran accepts the donation from Betty and Dan Lange in the amount of $100 with much appreciation. VOTING AYE ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn VOTING NAY ❑ Guenthner, Ken ❑ Asleson, Rich ❑ Cossette, Tom ❑ Gmach, George ❑ Milbrandt, Rosalyn Whereupon, said Resolution is hereby declared adopted on this 11th day of October, 2012. Kenneth Guenthner - Mayor ATTEST: Jeanie Heinecke — City Clerk City Seal Minutes Corcoran Parks and Trails Commission Tuesday, September 18, 2012 7:00 PM 10a. Present: Commissioners Trish Krueger, Val Nybo, Judith Strehler, Kevin Dale, Chad Robran Absent: Rachel Tessmer, Tom Anderson Others attending: Council Liaison Guenthner, City Administrator Donahue, Darlene Wedin- Concessions, Rockford School Superintendent Paul Durand, Melanie Robran- Soccer, Sean Thorp - Basketball 1) Convene Regular Parks & Trails Commission Meeting — Chair Krueger called the meeting to order at 7:05 pm in the Corcoran Community Center 2) Pledge of Allegiance 3) Approval of: a) Agenda. Robran suggested that agenda item 5 Presentations be modified as followed: i) 5a. Soccer Association ii) 5b. Darlene Wedin- Concessions in the Park iii) 5c. Paul Durand, Rockford Schools and pending Hennepin Youth Sports Grant Application iv) 5d. Basketball proposal v) 7a. changed to a Discussion of the proposal for a varsity level baseball field on the Rockford property vi) Motion by Robran, seconded by Nybo to approve the agenda with the suggested changes. Voting Aye: All (Motion carried 5:0) b) Minutes of 08.21.12 Meeting. Motion by Robran, seconded by Nybo to approve the meeting minutes as presented. Voting aye: All (Motion carried 5:0) 4) Open Forum -None 5) Presentations a) Soccer presentation by Melonie Robran i) More space needed, 350 kids, growing, and struggle to find space ii) Corcoran kids about 50% iii) Fee is $65 (very low compared to other programs) which covers state association, insurance, uniforms, refs, field supplies, year end picnic iv) There has been talk in the past about combining with Corcoran Athletic Association but this has not progressed beyond talk. Dale agrees that joining would not have any positive benefits for either group. Robran stated that their struggles is another reason for the city to start thinking about a parks director and a parks department v) Commissions complemented how well the soccer organization is run with limited resources b) Concessions in the Park - Darlene Wedin. She gave a summary of the efforts on her behalf this past summer of providing a concession (truck) at the park. She was out 39 evenings and netted $4,240. She presented to the Commission a check for $424 [this represents the agreed upon 10% payment to the city for allowing the truck and concession sales in the city park]. Parks and Trails Commission Minutes, September 18, 2012 She gave her observations on the program, she stated she would like to consider undertaking it again next summer, and that she would propose some changes to increase visibility and sales. c) Paul Durand- Rockford Schools i) Discussed upcoming school bond referendum in November and the implications for the school sports programs and the youth sports programs in the cities Rockford serves. ii) A public meeting will be held at the Corcoran Community Center on October 24th on the bond issue iii) One item in the bond proposal is spending up to $750,000 on creating a varsity level baseball /softball complex at the Rockford School property adjacent to the Corcoran Park. He proposed that the 2012 Hennepin Youth Sports Grant proposal be re- activated. This year's proposal would be to ask for a grant of $325,000. He asked that Corcoran committee $45,000. The school district will commit $70,000 [more if the bond passes]. Other pledging are: (1) Rocket Boosters - $3,000 (2) City of Rockford - $20,000 (3) Rockford Atletic Assoc. - $5,000 (4) Corcoran Athletic Association $3,000 (5) Chamber of Commerce $1,000 iv) He said that if the field are built, an agreement on the fields use by Corcoran, length of commitment, maintenance, etc. will have to be developed v) He was very complimentary of Corcoran, their leadership, and their commitment to last year's grant effort and, to their support for this year's application vi) Sean Tharp- Basketball Association. He outlined their program in the area. It is the biggest such program in the state with 1900 participants from youth to adults. They are looking to partner with a city to build a large facility housing up to 10+ courts. The association 6) Old Business a) Hennepin Youth Sports Equipment Grant. Donahue raised the question of the 2012 Equipment grant for the field netting. He asked the commission if they wanted to pursue a 2013 Application for the same item. The Commission and the PW Superintendent had questioned the wisdom of proceeding since the cost had gone up from around $10,000 to over $17,000 with the grant only paying a maximum of $10,000. After discussion, the Commissioners decided that the netting and its cost should be dropped as it appeared that it was not that critical of a need. Donahue brought up other possible options for a 2013 Equipment Grant application. Donahue proposed that a grant be submitted for a turf mower for the fields that cost a total of $17,000. This item was in the Capital Improvement Program for bonding in 2013. He could submit a grant application for $10,000 and lower the city cost to about $7,000. The Commission said that was a good idea and that they would support this application b) Hennepin Youth Sports Grant application for 2013. The commissioners discussed the proposal brought forth by Superintendent Durand earlier in the meeting. They liked the idea of a significant upgrade to the field that are used by city youth. Motion by Robran and seconded by Dale to recommend to the city council that they support the grant application as 2 Parks and Trails Commission Minutes, September 18, 2012 outlined by Durand and, that the city commit $45,000 from the Park Dedication Fund towards this grant if successful. Voting aye: All (Motion passed 5:0) 7) Men's League us of Fields. The chair asked that this item be laid over to the next meeting due to the late hour. 8) Subcommittee & Miscellaneous Reports a) City Liaison. Mayor Guenthner provided information on: i) Sewer and water project update. Talked about the option for extending the sewer and water pipes into downtown. ii) Public Works Facility project. The council hired Oertel as architect and Ebert Construction as construction manager. The council is in the process of putting together a bond sale of up to $4 million iii) 2013 Budget and preliminary budget levy iv) Five Year finance Plan v) Council elections vi) Street Improvement proposals b) Corcoran Athletic Association (CAA). Dale updated the Commission on the Athletic Association c) Park Dedication Fund. No discussion 9) Other Business a) Robran asked if the $424 from Concession could be dedicated to the parks or parks program. 10) Announcements. None 11) Adjourn. Motion by Robran and seconded by Dale to adjourn. Voting Aye: All (Motion carried 5:0) Meeting adjourned at 9:48 p.m. Next Meeting: October 16, 2012 at 7:00 p.m. Respectfully Submitted, Daniel Donahue City Administrator 3 Wenck TO: Dan Donahue FROM: Kent Torve, P.E., Heather Libby P.E. DATE: October 4, 2012 SUBJECT: Sewer and Water Pay Request No. 2 Council Action Requested Approve Pay Request No. 1 in the amount of $631,666.27. Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359 -0249 (763) 479 -4200 Fax (763) 479 -4242 E -mail: wenckmp @wenck.com Background The sewer and water project is mostly complete and as of September 30th Weidema has completed the gravity sewer installation, the MCES forcemain installation in Corcoran and the water pipe installation up to station 58 +00 (approximately 6845 feet of pipe). Maple Grove City Council approved the water agreement on Monday October 1, and construction has started within Maple Grove. The attached pay request displays actual quantities approved for payment to SR Weidema. PAYMENT REQUEST FORM OWNER: City of Corcoran PROJECT: Corcoran Sewer and Water Utility Pro ec CONTRACTOR: SR Weidema: 17600 113`h Ave N, Maple Grove, MN 55369 PAY ESTIMATE NO.2 Original Contract Amount ......................................................... ..............................$ 1.070,184.30 Contract Changes approved to Date (Change Order 1) ............. ..............................$ 2,642.00 Revised Contract Price .............................................................. ..............................$ 1,072,826.82 Work Completed to Date (see attached) .................................... ..............................$ 871,49I.21 Retainage to Date, 5% ............................................................... ..............................$ 43.574.56 Work Completed to Date Less Retainage to Date ..................... ..............................$ 827 916.65 Total Amount Previously Certified ........................................... ..............................$ 196,250.38 Payment Request This Estimate ................................................ ..............................$ 631.666.27 CERTIFICATE OF CONTRACTOR I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid. I hereby certify that the work and the materials supplied to date, as shown on the request for payment, represents the actual value of accomplishment under the terms of the contract dated July 17, 2012 between CITY OF CORCORAN (OWNER) and SR WEIDEMA (CONTRACTOR) and all authorized changes thereto. CONTRACTOR S Date /v 3 T Title t N Approval: WENCK ASSOCIATES, INC. Date �- i Kenton C. Torve, P.E. 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C/) ~ II m cm m a_ LO N O O O O (D llz� 0 O 0 ((7 U7 N O O q ciJ Q (O (h co U o O o r In co N r- M m G o CJ U) O] 0 CJ rJ to c0 F Ti o C (n m o? r o cr It h- h c::) Q tl w a V co !D � � � a In Eta 69 Efl (F3 w (Pi 6% (f, (n 64 G. 69 U3 (43 I (n I ea 69 (f3 U) W c� i� � U) y cl, `n La F n M r'l N it _ I Q Q O G� 0 0 0 0 0 0 0 O G O O CD O to (n o000000a o vomLr,o r� Q ' of O o 0 0 0 0 0 (n f` (n 0 O 0 m 0 4 O h cD m co N C' N D1 m O N. m Q7 m r / (D C (D N c7 Q) N O cc C N c`] r m ID J 47 m M M N m N V (n N ti N O d' d' r) O r� m c0 C) N O Ui r+ a CO f T O r ff, to }, H3 69 w U, ffl F}, U, w v, ( £fl Vi > o 00000U�GG m 0 0 0 0 0 C) w O C) o o0or-- 0 o m n m moo o 0 U w Q ('3 c7 N m V' r f` IL N F C_ z � O ( (Fi Ff} 69 69 (,3 69 Ffl Eta - r O r z � O � a Q) E C7 F m U)U)U)QQLL 'r Q O J.JJW WJQ LLJ O 6 (D a z w z x w z u, �- < cn >- a �n x < X06 z C)< ago ~ O F- a Z �w J� !=Wwz< a z w o -j ¢a�iH w Q Of j N r O N O f`7 1 L E CL L Q7 c Q7 L � N o a� r c o m �L O U ti L O U N m E N w rn cD M � c o t LO ° t� N W r V _0 O 4J 0 G m m a OD Vh L�'i Cl o Lo N c� CC) w ¢ co Q1 �r a � w N L Q7 0 W U a E- z z ci F z fY W W CD } < z o < � a z ¢ cn � to z W 0 O U w O Q ¢ U O CD w J > w cn w w C E- U Q c4 4- ❑ G m m a A FT AIA Document B132 TM - 2009 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition _L AD IT . The author of this document has added information needed for its completion. The author may also have revised the text of the original AI s andard form. An Addition a d Deletions Report that no es added information as well as revisions t t e standard form to a ttl� the author and should be reviewe . This document has in o! legal consequence Co -It h an attorn s en ur 5ed with ect t s om letion or ication to be rn cc7nj cti with AIA Doc is A 2009, Standard Fo of Agreement Between Owner der ass-Adviser Editi on, 32° "- 9, General n itions of the Contract Construction, struction Manager as iser Edi io and C1321"- 9, Stand rd]FO rm of Construction Manager as AIA Document A232TM -2009 is adopt is ent by ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document B132m - 2009 (formerly B141 -CMa - 1992). Copyright C 1992 and 2009 by The American Institute of Architects. All rights rved. WARNING: This AIAe Document is protected by U.S. Copyright Lev and International Treaties. Unauthorized reproduction o distribution of this AIA® Document, o any portion of it, may result in s civil and criminal penalties, and will be prosecuted to the extent possible under the laws This draft was produced by AIA software at 08:54:34 on 09/17/2012 under Order No.0403372739_1 which expires on 10/02/2012, and is not for resale. User Notes: (1465481025) DRAFTAIAO Document B132 TM - 2009 Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition AGREEMENT made as of the E day of E in the year (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Corcoran »« 8200 County Road 116 » Corcoran, MN 55340 » < 763 - 400 -7030 » and the Architect: (Name, legal status, address and other information) Oertel Architects, Ltd. »« o 1795 St. Clair Avenue » «Saint Paul, MN 55105 » e651- 696 -5186 » for the following Project: (Name, location and detailed description) «City of Corcoran Public Work K » The Construction Manager: (Name, legal status, address and other information) ert Construction » 23350 County Highway 10 » Corcoran, MN 55357 » <763- 498 -7844 » The Owner and Architect agree as follows. AD ITI N AND DELETIONS: Th author of this document ha added information added for its completion. The author may also have re ised the text of the original AIA standard form. An Addition a d Deletions Re ort that no es added information as well as re isions t t e standard fo a This document has impo legal consequence Consultatio h an attorn s enc4ur aed with or jAQefTication to be used in �nj ction with AIA Doc is Al - 2009, Standard For Agreement Between Owner Contractor, Constructio M>wTger as dviser E-- ion, 32-- General on itions f the Contract £o Constru tion, Co structio Manager as Ad iser Edi ion; and C132 -- 20 9, Stand rd�FOrm of Construction Manager as AIA Document A232"'" -2009 is adopt is ent by ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document B132' - 2009 (formerly B141'CMa - 1992). Copyright o 1992 and 2009 by The American Institute of Architects. All rights ved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction o 1 distribution of this AIA® Document, o any portion of it, may result i re civil and criminal penalties, and will be prosecuted to the extent possible under the law. This draft was produced by AIA software at 08:54:34 on 09/17/2012 under Order No.0403372739_1 which expires on 10/02/2012, and is not for resale. User Notes: (1465481025) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION I I 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a sta nt suc no applicable, " "unknown at time of execution " or "to be determined later by mutual agreement. ') § 1.1.1 The Owner's program for the Project: (Identify documentation or state the manner in which the program will be developed.) u Program determined by revious project ph § 1.1.2 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent informa n, uch as ge tec cal reports; site, boundary and topographic surveys; traffic and utility studies; availability of ub c and priv to tilities and services; legal description of the site; etc.) <<Approximately 20,000 square foot public works facility and associated site work for five acre site. (See attached revised proposal. » § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown) $2.5 million - $2.75 million (Ebert confirm) § 1.1.4 The Owner's anticipated design and construction schedule: Deleted: o »¶ .1 Design phase milestone dates, if any: Formatted: AIA Agreement Body Text, Indent: Left: 0.83 ", Tabs: Not gomplete the Schematic design: November, 2012_ at - 3.56" + 4" City reviews and approval of design: December, 2012 .Complete bid documents: yebruga 2013 Formatted: Font: 10 pt Formatted: Font: 10 pt AIA Document S132n' - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights rserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 3 extent possible under the law software draft was produced by AIA ftware at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expires on 10/02/2012, and is not for resale. User Notes: (1465481025) Bid due date: March 2013 Contract signed, go- ahead: March 2013 Ordering of lone lead items: Marc h/Ar1ri1201 .2 Commencement of construction: ,Construction start: May 2013 (Weather Permitting) .3 Substantial Completion date or milestone dates: ,Substantial completion: Late November 2013 Punch list and close out: November 2013 Project move -in date: November 2013 Final lift of asphalt: Spring 2014 .4 Other: E § 1.1.5 The Owner intends to retain a Construction Manager adviser and: (Note that, if Multiple Prime Contractors are used, the term "Contractor" as referred to will be as if plural in number.) [ E ] One Contractor [ E ] Multiple Prime Contractors [ E ] Unknown at time of execution § 1.1.6 The Owner's requirements for accelerated or fast -track scheduling, multiple bid construction are set forth below: (List number and type of bid /procurement packages) § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere, such as design or historic preservation requirements) <<Owner provided well and septic design with facility requirements. § 1.1.8 The Owner identifies the following representative in accordance with Section 5.4: (List name, address and other information) <Dan Donahue, City Administrator <8200 County Road 116 » <Corcoran, MN 55340 » <763- 400 -7030 » < ddonadue@ci.corcoran.mn.us » <» ddonadue@ci.corcoran.mn.us Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt \ Formatted: Font: 10 pt Formatted: Font: 10 pt \ Formatted: AIA Agreement Body Text, Indent: Left: 0.83 ", Tabs: Not at - 3.56" + 4" Formatted: Font: 10 pt 1.1.9 The persons or entities, in addition to the Owner's representative, who are required I re iew the Architect's submittals to the Owner are as follows: (List name, address and other information) Deleted: « »¶ Deleted: « »¶ Formatted: AIA Agreement Body Text, Indent: Left: 0.83 ", Tabs: Not at - 3.56" + 4" AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 4 extent possible under the law software draft was produced by AIA ftware at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expires on 10/02/2012, and is not for resale. User Notes: (1465481025) § 1. 1.10 The Owner will retain the following consultants: (List name, legal status, address and other information) .1 Construction Manager: The Construction Manager is identified on the cover page. If a Construction Manager has not been retained as of the date of this Agreement, state the anticipated date of retention: .2 «Ebert Construction Greg Ebert 23350 County Highway 10 Corcoran, MN 55357 _p: 763 - 498 -7844 e: gebert(oebertconst.com Cost Consultant (if in addition to the Construction Manager): (If a Cost Consultant is retained, appropriate references to the Cost Sections 3.2.6, 3.2.7, 3.3.2, 3.3.3, 3.4.5, 3.4.6, 5. 4, 6. 3, 6.3.1, 6.4 and ii.o.) .3 Land Surveyor: 4 Geotechnical Engineer: Own 5� Other consultants: _ (List any other consultants retained by the Owner, such as a Project or scheduling consultant.) Well and septic system desig� § 1.1.11 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information) «Andrew Cooper» <1795 St. Clair Avenue » St. Paul, MN 55105 » Q 651- 696 -5186 e 313 » .. acooper(a�oertelarchitects.com >; § 1.1.12 The Architect will retain the consultants identified in Sections 1.1.12.1 and 1.1.12. (List name, legal status, address and other information.) § 1.1.12.1 Consultants retained under Basic Services: .1 Structural Engineer: «Darg, Bolgrean, Menk, Inc. »« » «Harry Menk » «7575 Golden Valley Road, Suite 210 » «Golden Valley, MN 55427 _p: 763 - 230 -7345 e: harrygdbm- ine.com » Deleted: Deleted: �¶ 77 e »I Deleted: « »¶ Deleted: « m< »¶ «» or Deleted: « » Deleted: Deleted: ¶ « » Deleted: �¶ AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights aeser ved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 5 exi m extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which pires on 10/02/2012, and is not for resale. User Notes: (1465481025) .2 Mechanical Engineer: «�aulson & Clark Eneineerina w< » «Rob Lowe » 2352 East County Road J » White Bear Lake, MN 55110 » «p: 651- 407 -6056 ext. 305 a&,: rlowegpaulsonclark.com » .3 Electrical Engineer: «Paulson & Clark Engineering w< «Dan Paulson «2352 East County Road J » White Bear Lake, MN 55110 » «p: 651- 407 -6056 ext. 201 e: dpaulson(&,12aulsonclark.com .4 Civil Engineer: • WSB & Associates w< » «Tom Voll» «701 Zenia Avenue South, Suite 300 » oMinneapolis, MN 55416 » op. 763 - 287 -7175 e. tvoll(&wsben .cg om » § 1.1.12.2 Consultants retained under Additional Services: <�None » § 1.1.13 Other Initial Information on which the Agreement is based: Deleted: Exclusion of fire suppressioT'desi,gn, well and septic design_ eotechnical explorationw» Deleted: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, re ognize that information may materially change and, in that event, the Owner and the Architect shall aprop e y schedule, the Architect's services and the Architect's compensation. II ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care rdinarily provided by architects practicing in the same or similar locality under the same or similar circumstance . itect shaff- perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. �1 § 2.3 The Architect shall provide its services in conjunction with the services of a Construc described in AIA Document C132Tm-2009, Standard Form of Agreement Between Owner Manager. The Architect shall not be responsible for actions taken by the Construction Mar § 2.4 The Architect shall identify a representative authorized to act on behalf of the Architect wth respect to the Project. AIA Document S132n' - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights dQSCrved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the exi m extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which pires on 10/02/2012, and is not for resale. User Notes: (1465481025) § 2.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.6 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, wner shall reimburse the Architect for any additional cost. § 2.6.1 Comprehensive General Liability with policy limits of not less than «two- million >> ($ I L000,000-00 >> ) for each occurrence and,four- million ($ 4,000,000.00) aggregate for bodily injury and propel a damage. Deleted: in the § 2.6.2 Automobile Liability coverin owned and rented vehicles operated by the Architect it policy limits of not less than <one -mil on > ($ « 1 000 000. ) combined single limit and aggregate for bod Ily ' rijury and property damage. § 2.6.3 The Architect may use umbrella or excess liability insurance to achieve the required rage for Comprehensive General Liability and Automobile Liability, provided that such umbrella I ex less insur in the same type of coverage as required for the individual policies. § 2.6.4 Workers' Compensation at statutory limits and Employers Liability with a policy lit it o�f not less hundred thousand-III ($ « 10 , » ). § 2.6.5 Professional Liability covering the Architect's ne li ent acts, errors and omissions ih its performance of professional services with policy limits of not less than he- million >> ($ <<1,000,000.00 >> ) per claim and two - million ($ 2,000,000.00 aggregate. Deleted: In the § 2.6.6 The Architect shall provide to the Owner certificates of insurance evidencing compliance with th requirements in this Section 2.6. The certificates will show the Owner as an additional insured o Comprehensive General Liability, Automobile Liability, umbrella or excess policies. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and cu ary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additi Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner and the Con . Manag research applicable design criteria, attend Project meetings, communicate with members of t Project to and report progress to the Owner. / § 3.1.2 The Architect shall coordinate its services with those services provided by the Owne r, t e Const Manager and the Owner's other consultants. The Architect shall be entitled to rely on the a �cu4acy and of services and information furnished by the Owner, the Construction Manager, and the Ov ne 's other The Architect shall provide prompt written notice to the Owner if the Architect becomes a ar of an omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit to the Owner and the Construction Manager a schedule of the Architect's services for inclusion in the Project schedule pr y the Construction Manager. The schedule of the Architect's services shall include design milestone es, antici ated dates when cost estimates or design reviews may occur, and allowances for periods of time r uire for the Owner's review, (2) for the Construction Manager's review, (3) for the performance of the is consultants, and (4) for approval of submissions by authorities having jurisdiction over the Project. § 3.1.4 The Architect shall submit information to the Construction Manager and participate art d[veloping and revising the Project schedule as it relates to the Architect's services. § 3.1.5 Once the Owner and the Architect agree to the time limits established by the the Architect shall not exceed them, except for reasonable cause. AIA Document El 32- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 7 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) § 3.1.6 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non - conforming Work, made without the Architect's approval. § 3.1.7 The Architect shall, at appropriate times, in coordination with the Construction Manager, contact the governmental authorities required to approve the Construction Documents and the entities rov ding utility services to the Project. In designing the Project, the Architect shall respond to applicable design req lire f ents imposed by such governmental authorities and by such entities providing utility services. II II § 3.1.8 The Architect shall assist the Owner and Construction Manager in connection with t e wnerCf— s rem for filing documents required for the approval of governmental authorities having jurisdicti Tn@j@Q4- § 3.2 Sche matic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Own ction Manager, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, sched le, udget fbi t e C of the Work, Project site, and the proposed procurement or delivery method and other Inith 1 In ormation ea terms of the other, to ascertain the requirements of the Project. The Architect shall notify th e O vner of (11 an inconsistencies discovered in the information, and (2) other information or consulting servi es hat may reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and Constructiol Manager and shall discuss with the Owner and Construction Manager alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepar prese o t e Owner and Construction Manager, for the Owner's approval, a preliminary design illustrat' a sc d relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Sc em esign Documents for the Owner's approval and the Construction Manager's review. The Schematic Design Doc s shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as aterial ch is an building orientation, together with other considerations based on program and aesthetics, ' de eloping a esi that is consistent with the Owner's program, schedule and budget for the Cost of the Work. Th O er may o tai other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider with the Owner and the Construction Manager the va e of alternative materials, building systems and equipment, together with other considerations based on pr am and aesthetics in developing a design for the Project that is consistent with the Owner's schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit the Schematic Design Documents to the Owner and the Caerequired Mana er. The Architect shall meet with the Construction Manager to review the Schematic Design D § 3.2.7 Upon receipt of the Construction Manager's review comments and cost estimate at t on of the Schematic Design Phase, the Architect shall take action as required under Section 6.4, iden upon adjustments to the Project's size, quality or budget, and request the Owner's approval of th Design Documents. If revisions to the Schematic Design Documents are required to comply with t budget for the Cost of the Work at the conclusion of the Schematic Design Phase, the Architect shall inco equire revisions in the Design Development Phase. AIA Documen t 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 8 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) § 3.2.8 In the further development of the Drawings and Specifications during this and subsequent phases of design, the Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work, which are to be provided by the Construction Manager under the Construction Manager's agreement with the Owner. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the O s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work pursu t to Section 5.4, the Architect shall prepare Design Development Documents for the Owner's approval and the on truction Manager's review. The Design Development Documents shall be based upon information provided, ar d e timates prepared by the Construction Manager and shall illustrate and describe the development of the approved Sc iernatic Design Documents and shall consist of drawings and other documents including plans, sections, el vaf construction details, and diagrammatic layouts of building systems to fix and describe the s ze nd character of the Project as to architectural, structural, mechanical and electrical systems, and such other ele en s as may be appropriate. The Design Development Documents shall also include outline specifications at dentify major materials and systems and establish in general their quality levels. § 3.3.2 Prior to the conclusion of the Design Development Phase, the Architect shall submit the Design Di ve pment Documents to the Owner and the Construction Manager. The Architect shall meet with the Cor struction I 4alger to review the Design Development Documents. § 3.3.3 Upon receipt of the Construction Manager's information and estimate at the conclus on of the Des gn Development Phase, the Architect shall take action as required under Sections 6.5 and 6.6 nd request the Owner's approval of the Design Development Documents. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's auth any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall Construction Documents for the Owner's approval and the Construction Manager's review. Theru Documents shall illustrate and describe the further development of the approved Design D oopme and shall consist of Drawings and Specifications setting forth in detail the quality levels ofh at s and Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, if requested by the Owner, a cite sh 1 ist the Owner and the Construction Manager in the development and preparation of (1) bidding procure en information that describes the time, place and conditions of bidding, including bidding or p -opi isal forms; (2) form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract kr Constm do (General, Supplementary and other Conditions); and (4) compile a project manual that inch i& the Condi 'on of the Contract for Construction and may include bidding requirements and sample forms. § 3.4.4 Prior to the conclusion of the Construction Documents Phase, the Architect shall sullmit the Construction Documents to the Owner and the Construction Manager. The Architect shall meet with the Construction Manager to review the Construction Documents. § 3.4.5 Upon receipt of the Construction Manager's information and estimate at the conclusio (rer's struction Documents Phase, the Architect shall take action as required under Section 6.7 and request e pproval of the Construction Documents. § 3.5 Bidding or Negotiation Phase Services § 3.5.1 General The Architect shall assist the Owner and Construction Manager in establishing a list of pro pec ve co) Following the Owner's approval of the Construction Documents, the Architect shall assist I he Owner ) Construction Manager in (1) obtaining either competitive bids or negotiated proposals; (2) confirming AIA Document E132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 9 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner and Construction Manager in bidding the Proj ect y .1 facilitating the reproduction of Bidding Documents for distribution to prosp cti e bidders, .2 participating in a pre -bid conference for prospective bidders, and .3 preparing responses to questions from prospective bidders and providing cla ifications an interpretations of the Bidding Documents in the form of addenda. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents r enr it substitutions, and shall consult with the Construction Manager and prepare and distribute addenda identifyin api iroved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements, and proposed § 3.5.3.2 The Architect shall assist the Owner and Construction Manager in obtainir facilitating the reproduction of Proposal Documents for distribution requesting their return upon completion of the negotiation process; participating in selection interviews with prospective contractors; an participating in negotiations with prospective contractors. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit sub shall consult with the Construction Manager and prepare and distribute addenda identifying approved to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Con r as set forth below and in AIA Document A232TK-2009, General Conditions of the Contract for Construction, Co Manager as Adviser Edition. If the Owner and Contractor modify AIA Document A232 -2009, those modificatic shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner and Construction Manager e s c Phase Services. The Architect shall have authority to act on behalf of the Owner only to th ex 'B ti d i tl Agreement. The Architect shall not have control over, charge of, or responsibility for the c ns ction me ns, methods, techniques, sequences or procedures, or for safety precautions and programs in c ction with he nor shall the Architect be responsible for the Contractor's failure to perform the Work in a or ce with he requirements of the Contract Documents. The Architect shall be responsible for the Archit t' ne li ent cts or omissions, but shall not have control over or charge of, and shall not be responsible for, ac ' or omissions of the Construction Manager, or the Contractor or of any other persons or entities performing poi § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Service ommences with the award of the Contract for Construction and terminates on the date the Architect issues final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of constructio , o as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the o 'on of the Work completed, and to determine, in general, if the Work observed is being performed in a ma er dicating that the Work, when fully completed, will be in accordance with the Contract Documents. Howeve , the Architect shall no be required to make exhaustive or continuous on -site inspections to check the quality or qu ntity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 10 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) the portion of the Work completed, and report to the Owner and the Construction Manager (1) known deviations from the Contract Documents and from the most recent construction schedule, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents and shall notify the Construction Manager about the rejection. Whenever the Architect considers it n ary or advisable, the Architect, upon written authorization from the Owner and notification to the Construction T 4an ger, shall have the authority to require inspection or testing of the Work in accordance with the provisions of t ie ontract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authc rity of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give ri e to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment st ppl employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, an Jre ui ements of, the Contract Documents on written request of the Construction Manager, Owner, or Contractor ugh the Construction Manager. The Architect's response to such requests shall be made in writing,any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of ind easonabl in erable from the Contract Documents and shall be in writing or in the form of drawings. When m ing such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner d ontractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions re de in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with e intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as th tern is defined in AIA Document A232 -2009, the Architect shall render initial decisions on Claims bet the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify an application for payment not more frequen an mo i 'n seven days after the Architect receives an application for payment forwarded from the Construction ager, he Architect shall review and certify the application as follows: .1 Where there is only one Contractor responsible for performing the Work, the Architect shall review the Contractor's Application and Certificate for Payment that the Construction Manager has previously reviewed and certified. The Architect shall certify the amount due the for and shall issue a Certificate for Payment in such amount. .2 Where there are Multiple Prime Contractors responsible for performing diffe ent rtio of e Project, the Architect shall review a Project Application and Project Certific to r Payme t, th Summary of Contractors' Applications for Payment, that the Construction an ger has pr iou prepared, reviewed and certified. The Architect shall certify the amounts du th Contract s a d shall issue a Project Certificate for Payment in the total of such amounts. § 3.6.3.2 The Architect's certification for payment shall constitute a representation to the O er, based on (1) the Architect's evaluation of the Work as provided in Section 3.6.2, (2) the data comprising th Contractor's Application for Payment or the data comprising the Project Application for Payment, and (3) the recommendation of the Construction Manager, that, to the best of the Architect's knowledge, information and belief, the ork k� progressed to the point indicated and that the quality of the Work is in accordance with the Co ct Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance th t ontract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, 3) correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qua fie tions expressed by the Architect. § 3.6.3.3 The issuance of a Certificate for Payment or a Project Certificate for Payment shal no be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the q ality or quan Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) viewed copies of— requisitions received from Subcontractors and material suppliers and other data requested by the Owner to AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 11 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.4 The Architect shall maintain a record of the applications and certificates for payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Construction Manager's Project submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals tr. ns 'tted by the Construction Manager shall be taken in accordance with the approved submittal schedule o , in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect - approved Project submittal schedule, and after th C nstruction Manager reviews, approves and transmits the submittals, the Architect shall review and approve or t ke 4 ither appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, 75U only for the limited purpose of checking for conformance with information given and the design concept expre in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy aid ompleten ss f other information such as dimensions, quantities, and installation or performance of equipment o sy tems, whi h a re the Contractor's responsibility. The Architect's review shall not constitute approval of safety p -eca ations or, mle ss otherwise specifically stated by the Architect, of any construction means, methods, techniq tes, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an as eml ly of whi h tt e item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review shop drawings and other submittals related to the Work designed or certified by the design professional reta' the Contractor that bear such professional's seal and signature when submitted to the Architect. The itect s b entitled to rely upon the adequacy, accuracy and completeness of the services, certification dap s performed or provided by such design professionals. § 3.6.4.4 After receipt of the Construction Manager's recommendations, and subject to the provision ection 4.k the Architect shall review and respond to requests for information about the Contract Documents. The Arc in consultation with the Construction Manager, shall set forth in the Contract Documents the requirements for reques for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification re The Architect's response to such requests shall be made in writing within any time limits agreed on, or othe -se wi reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental D aw s an Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals trans itte�3 by the Construction Manager in accordance with the requirements of the Contract Documents. L § 3.6.5 Changes in the Work § 3.6.5.1 The Architect shall review and sign, or take other appropriate action, on Change ders and Construction — Change Directives prepared by the Construction Manager for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect may authorize minor changes in the Work that are consistent with thCager. Contrac Documents and do not involve an adjustment in the Contract Sum or an extension of the Cuch changes shall be effected by written order issued by the Architect through the Construction § 3.6.5.3 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect, assisted by the Construction Manager, shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 12 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) prepared by the Construction Manager; receive from the Construction Manager and review written warranties and related documents required by the Contract Documents and assembled by the Contractor; and, after receipt of a final Contractor's Application and Certificate for Payment or a final Project Application and Project Certificate for Payment from the Construction Manager, issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner and Construction an ger to check conformance of the Work with the requirements of the Contract Documents and to verify t e a curacy and completeness of the list submitted by the Construction Manager and Contractor of Work to be ompleted or corrected. § 3.6.6.3 When the Work is found to be substantially complete by the Construction Manage an Architect, and after certification by the Construction Manager and the Architect, the Architect shall inform the wner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 Upon request of the Owner, and prior to the expiration of one year from the date ot Su stanti the Architect shall, without additional compensation, conduct a meeting with the Owner to ev' w the operations and performance. ARTICLE 4 ADDITIONAL SERVICES* § 4.1 Additional Services listed below are not included in Basic Services but may be requir d f - ct. Architect shall provide the listed Additional Services only if specifically designated in the thble below as e Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhi identify the exhibit.) ` Formatted: AIA Agreement Body *ALL ADDITIONAL SERVICES NEED PRIOR APPROVAL BY CITY COUNCIL. Text Services Responsibility (Architect, Owner or Not Provided) Locate Se rvic cr pti n (Section 4.2 be in an ex it attached to this docu ent and identified below) § 4.1.1 Programming rchitect Additional programming differin from original design § 4.1.2 Multiple preliminary designs Architect One design, multiple options will require additional time § 4.1.3 Measured drawings Not provided § 4.1.4 Existing facilities surveys Not provided 4.1.5 Site evaluation and planning (B203Tm-2007) Architect If added planning/ evaluation required is different from original study § 4.1.6 Building information modeling Not provided 4.1.7 Civil engineering Architect Additional civil engineering, beyond the thirteen acre parcel, will be provided by Architect's consultant. 4.1.8 Landscape design Architect Landscape planning_ beyond five acres of site area 4.1.9 Architectural interior design (B252Tm-2007) Architect 4. 1.10 Value analysis B204T"--2007 Owner § 4.1.11 Detailed cost estimating Owner § 4.1.12 On -site project representation (B207Tm-2008) Owner § 4.1.13 Conformed construction documents Architent Additional time to perform work CAD files. Deleted: AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 13 extent possible under the law software draft was produced by AIA ftware at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expires on 10/02/2012, and is not for resale. User Notes: (1465481025) 4.1.14 As-designed record drawings Architect Additional time to perform work to CAD files. 4.1.15 As- constructed record drawings Architect As -built record drawings require additional time. 4.1.16 Post occupancy evaluation Owner 4.1.17 Facility support services B210T"--2007 Owner 4.1.18 Tenant - related services Owner 4.1.19 Coordination of Owner's consultants Owner 4.1.20 Telecommunications /data design Owner § 4.1.21 Security evaluation and planning (B206T"--2007 ) Owner 4.1.22 Commissioning B21 1T14­2007 Owner § 4.1.23 Extensive environmentally responsible design Owner 4.1.24 LEED certification B214T'4--2007 Owner 4.1.25 Historic preservation (B205Tm--2007 ) Owner § 4.1.26 Furniture, furnishings, and equipment design (B253T -2007) Architect Additional time required to coordinate between furniture providers, owner, and contractor. § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Archit ct' responsi 'li , if not further described in an exhibit attached to this document. I § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Except for services required due to the fault of the Architect, any Additional Services provided in acct this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an approp the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architkksha the er with reasonable promptness and explain the facts and circumstances giving rise to the need. The itect s n proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or recommendations given by the Construction Manager or the Owner, or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quail complexity, building systems, the Owner's schedule or budget for Cost of the Work, cons ability considerations, procurement or delivery method, or bid packages in addition th e list d i Se 'on 1.1.6; .2 Making revisions in Drawings, Specifications, or other documents (as requi d ursuant to ecti 6.7), when such revisions are required because the Construction Manager's sti ate of the os of the Work exceeds the Owner's budget, except where such excess is due to chan es nitiated b th Architect in scope, capacities of basic systems, or the kinds and quality of to ' als, finish s o equipment; .3 Services necessitated by the Owner's request for extensive environmentally alternatives, such as unique system designs, in -depth material research, energy modeling, or LEED® certification; 4 Changing or editing previously prepared Instruments of Service necessitated by t nactin or revision of codes, laws or regulations or official interpretations; .5 Services necessitated by decisions of the Owner or Construction Manager no ren red in a timely manner or any other failure of performance on the part of the Owner, Cons cti n Manager or the Owner's other consultants or contractors; .6 Preparing digital data for transmission to the Owner's consultants and contr cto s, or to other Owner authorized recipients; .7 Preparation of design and documentation for alternate bid or proposal rcque is proposed Owner or Construction Manager; .8 Preparation for, and attendance at, a public presentation, meeting or hearing; AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 14 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) .9 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is parry thereto; .10 Evaluation of the qualifications of bidders or persons providing proposals; .11 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .12 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following dd tional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances givi ig r se to the need. If the Owner subsequently determines that all or parts of those services are not required, the O r sl lall give prompt written notice to the Architect, and the Owner shall have no further obligation to compens e t services: 1 Reviewing a Contractor's submittal out of sequence from the initial Project ub 'ttal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepare in accordance with the Contract Documents or where such information is available to the Contractomm a careful study and comparison of the Contract Documents, field conditions, other Owner- pkovCed info ah n, Contractor - prepared coordination drawings, or prior Project correspondence or ocumenta ion .3 Preparing Change Orders, and Construction Change Directives that require val ation of on actor's proposals and supporting data, or the preparation or revision of Instruments f S =uJillaking .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner, Construction Manager or ont subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth be Services. When the limits below are reached, the Architect shall notify the Owner: .1 ((Two » ( Q » ) reviews of each Shop Drawing, Product Data item, sample and, the Contractor .2 «Two » ( «2 » ) visits to the site ner month by the Architect over the duration of construction .3 « One » ( « 1 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 « One » ( JLmg ) inspections for any portion of the Work to determine final compjEtioa—, § 4.3.4 If the services covered by this Agreement have not been completed within «fourteen >1 ( R9 the date of this Agreement, through no fault of the Architect, extension of the Architect's services shall be compensated as Additional Services. I ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide regarding requirements for and limitations on the Project, including a written program whigshall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and re ionships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for e Architect evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall retain a Construction Manager to provide services, duties and respon bilofes as described in AIA Document C132 -2009, Standard Form of Agreement Between Owner and Constructi anager. The Owner shall provide the Architect a copy of the executed agreement between the Owner and the C ns ction Manager, and any further modifications to the agreement. § 5.3 The Owner shall furnish the services of a Construction Manager that shall be responsible fo overall Project schedule. The Owner shall adjust the Project schedule, if necessary, as the oject AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 15 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) § 5.4 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1, (2) the Owner's other costs, and (3) reasonable contingencies related to all of these costs. The Owner shall furnish the services of a Construction Manager that shall be responsible for preparing all estimates of the Cost of the Work. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect and the Construction Manager. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a cor�e�ppnding change in the budget for the Cost of the Work or in the Project's scope and quality. § 5.4.1 The Owner acknowledges that accelerated, phased or fast -track scheduling provides b nefit, but also carries with it associated risks. Such risks include the Owner incurring costs for the Architect to c rdmate and redesign portions of the Project affected by procuring or installing elements of the Project prior to c relevant Construction Documents, and costs for the Contractor to remove and replace previ us installed Work. If the Owner selects accelerated, phased or fast -track scheduling, the Owner agrees to include in I he budget for the Project sufficient contingencies to cover such costs. § 5.5 The Owner shall identify a representative authorized to act on the Owner's behalf wit ect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely mann in order to a or unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.6 The Owner shall furnish surveys to describe physical characteristics, legal limitations d tility lockio s for the site of the Project, and a written legal description of the site. The surveys and legal info a ion shall incl de, as aajaceni aramage; rlgnis -or -way, resirncnons, easemems, encroacnmems, zoning, aeea resincnons. nounaanes ana contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark.­' § 5.7 The Owner shall furnish services of geotechnical engineers, which may include but are not ' ' ed to t borings, test pits, determinations of soil bearing values, percolation tests, evaluations of h rti us aIs, s is 'c evaluation, ground corrosion tests and resistivity tests, including necessary operations for a subsoil conditions, with written reports and appropriate recommendations. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Ar ' ct. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the ' ct requests such services and demonstrates that they are reasonably required by the scope of the Project. e Owner s 11 require that its consultants maintain professional liability insurance and other liability ins ur ce app ri e the services provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract o uments, s ch s structural, mechanical, and chemical tests, tests for air and water pollution, and tests for h ar us materi ls. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including audit ng services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect and Construction M(go becomes aware of any fault or defect in the Project, including errors, omissions or inconsis the Architect's Instruments of Service. § 5.12 Except as otherwise provided in the Contract Documents or when direct communica e been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Con Manager, and shall contemporaneously provide the same communications to the Architect about matters ut of or relating to the Contract Documents. Communications by and with the Architect's consultants shall gh the Architect. 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Arch uties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 16 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Construction Manager and Contractor to provide the Architect access to the Work wherever it is in preparation or progress. n ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner o construct all elements of the Project designed or specified by the Architect and shall include the contrac ors' general con ltions costs, overhead and profit. The Cost of the Work includes the compensation of the Constru do Construction Manager's consultants during the Construction Phase only, including compen sati4 in for reimbursable expenses at the job site, if any. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights -of -way, financing, contingencies for changes in the Work or other costs I hat rre the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and ay e adjuste throughout the Project as required under Sections 5.4 and 6.4. Evaluations of the Owner's ud et for the osj of the Work represent the Architect's judgment as a design professional. § 6.3 The Owner shall require the Construction Manager to include appropriate contingencibs fbr design, bidding or negotiating, price escalation, and market conditions in estimates of the Cost of the Work. The Architect shall be entitled to rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the Architect progresses with its Basic Services. The Architect shall prepare, as an Additional Service, revisions to the Drawings, Specifications or other documents required due to the Construction Manager's inaccuracies or incompleteness in preparing cost estimates. The Architect may review the Construction Manage ' estimates solely for the Architect's guidance in completion of its services, however, the Architect shall r to the Owner any material inaccuracies and inconsistencies noted during any such review. � § 6.3.1 If the Architect is providing detailed cost estimating services as an Additional Servi e, discrepanc exists between the Construction Manager's cost estimates and the Architect's cost estimate -, Arclu nd he Construction Manager shall work cooperatively to conform the cost estimates to one another. § 6.4 If, prior to the conclusion of the Design Development Phase, the Construction Manager's estimate of the Cos of the Work exceeds the Owner's budget for the Cost of the Work, the Architect, in consultation with the Construction Manager, shall make appropriate recommendations to the Owner to adjust the PrKqualioty budget, and the Owner shall cooperate with the Architect in making such adjustments. § 6.5 If the estimate of the Cost of the Work at the conclusion of the Design Development as Owner's budget for the Cost of the Work, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 in consultation with the Architect and Construction Manager, revise the Proj ct quality as required to reduce the Cost of the Work; or .3 implement any other mutually acceptable alternative. § 6.6 If the Owner chooses to proceed under Section 6.5.2, the Architect, without additional compensation, shall incorporate the required modifications in the Construction Documents Phase as necessary MS Owner's budget for the Cost of the Work at the conclusion of the Design Development Ph or the budget as adjusted under Section 6.5.1. The Architect's modification of the Construction Documea limit o the Architect's responsibility as a Basic Service under this Article 6. § 6.7 After incorporation of modifications under Section 6.6, the Architect shall, as an Addce, make any required revisions to the Drawings, Specifications or other documents necessitated by subestimates that exceed the Owner's budget for the Cost of the Work, except when the excess is due to cha by the Architect in scope, basic systems, or the kinds and quality of materials, finishes or equipm AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 17 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners oft eir respective Instruments of Service, including the Drawings and Specifications, and shall retain all co ol aw, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Se ice to meet official regulatory requirements or for similar purposes in connection with the Project is not to be c ns in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive ce se to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, ir ctm ing prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusii a li enses froi ri t Architect's consultants consistent with this Agreement. The license granted under this sec ti n I ermits the OA net to authorize the Contractor, Construction Manager, Subcontractors, Sub - subcontractors, and r iate 'al or equ pm nt suppliers, as well as the Owner's consultants and separate contractors, to reproduce applic le ortions ol the Instruments of Service solely and exclusively for use in performing services or constructiol foi the Proje t. 11 the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the lic segrairtudin is Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action aris' from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmle e Architect and its consultants from all costs and expenses, including the cost of defense, related to ms an us s of action asserted by any third person or entity to the extent such costs and expenses arise the M r s us o the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall no a the Owne rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or i d under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. / ARTICLE 8 CLAIMS AND DISPUTES Lbut § 8.1 General § 8. 1.1 The Owner and Architect shall commence all claims and causes of action, whether i c tract, tort otherwise, against the other arising out of or related to this Agreement in accordance with t e r quiremen method of binding dispute resolution selected in this Agreement within the period specifie by applicable any case not more than 10 years after the date of Substantial Completion of the Work. The wner and Arc waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for dama Mauomeys- t such rights as they may have to the proceeds of such insurance as set forth in AIA Document A23 —eral Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, sh 1 r he Construction Manager, contractors, consultants, agents and employees of any of them simi r avor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and em to ss from and against damages, losses and judgments arising from claims by third parties, including asoeys ees and expenses recoverable under applicable law, but o nly to the extent they are caused by th nes o omissions of the Architect, its employees and its consultants in the performance of professional services under this AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 18 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage. § 8.1.4 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provide Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agree en shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to o is the subject of a ien arising out of the Architect's services, the Architect may proceed in accordance with appli bl the lien notice or filing deadlines prior to resolution of the matter by mediation or by bindir bind' g d spute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other mattei s in question between them by mediation which, unless the parties mutually agree otherwise, shall be administere y the American Arbitration Association in accordance with its Construction Industry Mediation Procedures ' ffect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other par y t the Conti act, and filed with the person or entity administering the mediation. The request may be made concarrei itly with tl ie f ling of a complaint or other appropriate demand for binding dispute resolution but, in such event, i ied ation shal pr ceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediatio i fo 7 a period f 6 days from the date of filing, unless stayed for a longer period by agreement of the parties or coui t or ter. If an z rbit ation proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the sel -ctiurr of dir bit and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2 '::e et bin 'ng dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding reso b to or do not subsequently agree in writing to a binding dispute resolution method other than litigation, dispu e w be resolved in a court of competent jurisdiction) [_] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution il i this Agreement any claim, dispute or other matter in question arising out of or related to this Agreement subject o, 57 —noT—re's—olVed by, mediation shall be subject to arbitration which shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Ardispute s e p mutually agree otherwise. A demand for arbitration shall be made in writing, delivered to pa Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filinest for mediation, but in no event shall it be made after the date when the institution of legal or eoceedings based on the claim, dispute or other matter in question would be barred by the applicable statute ions. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity rin the arbitration shall constitute the institution of legal or equitable proceedings based on the clte or other matter in question. Deleted: . AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 19 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under his 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 iss (3) the arbitrations employ materially similar procedural rules and methods for selecting ar itr or(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities subst ntiE lly involved in a common question of fact or law whose presence is required if complete relief is to be accor c in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to a rbt ation involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute o of er matter n q estion not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted i nd this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation a the Own r ai d Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspen of performance of services under this Agreement. If the Architect elects to suspend services, the Archite all gig seven days' written notice to the Owner before suspending services. In the event of a suspensio<re Architect shall have no liability to the Owner for delay or damage caused the Owner because o o services. Before resuming services, the Architect shall be paid all sums due prior to suspension s incurred in the interruption and resumption of the Architect's services. The Architect's fees for services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining / d the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other thait the fault Architect, the Architect may terminate this Agreement by giving not less than seven days' ivritfen notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the Ithet party fail substantially to perform in accordance with the terms of this Agreement through no fault of the a iti tin the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compens ed ervices performed prior to termination, together with Reimbursable Expenses then due and all Te naf n Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services anq rn ude expenses directly attributable to termination for which the Architect is not otherwise compensated, p s in amount for the Architect's anticipated profit on the value of the services not performed by the Architect. AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 20 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Atitr}tion Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A�32 009, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, asE ign and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this A ee ent without the written consent of the other, except that the Owner may assign this Agreement to a lender ov ding financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of mcl certificat s s all be submitted to the Architect for review at least 14 days prior to the requested dates of executi n. f the Owr err quest: the Architect to execute consents reasonably required to facilitate assignment to a lender, tI e Architect sh ill ecute all such consents that are consistent with this Agreement, provided the proposed consent is sub nitted tot ie Architect for review at least 14 days prior to execution. The Architect shall not be required to execute cer ific ites or consents that would require knowledge, services or responsibilities beyond the scope of thi Agreemenr- 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or tox' form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations o desig ie Project among the Architect's promotional and professional materials. The Architect shall be giveff1tawnable access to the completed Project to make such representations. However, the Architect's materials shall not t ( the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other p con "business proprietary," the receiving party shall keep such information strictly confidential shall not to any other person except to (1) its employees, (2) those who need to know the content of uc informal to perform services or construction solely and exclusively for the Project, or (3) its consult nts nd coma whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall follows: (Insert amount of or basis for, compensation) § 11.2 For Additional Services designated in Section 4. 1, the Owner shall compensate the Afchfect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which p rti ular methods of compensation apply) «Proposed fees for additional services based on scope of work and hourly rates, shown below: Architectural, Oertel Architects, Ltd. Formatted: AIA FillPoint Paragraph, Indent: Left: 0 ", Tabs: Not at 2.38" + 6.44" AIA Document 5132- - 2009 (formerly 5141 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 21 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) Andrew Cooper, Project Architect $95.00 .Civil Engineering, WSB Engineering Tom Voll, Lead Civil Engineer $130.00 Structural Engineering, Darg, Bolgrean and Menk Marry Menk, Lead Structural Engineer $120.00 Mechanical Engineering, Paulson & Clark Engineering Aob Lowe, Lead Mechanical Engineer $130.00 Electrical Engineering, Paulson & Clark Engineering 12an Paulson, Lead Electrical Engineer $125.00 § 11.3 For Additional Services that may arise during the course of the Project, including the e der Sect' Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation) <<Hour] § 11.4 Compensation for Additional Services of the Architect's consultants when not includled in Sections I 11. 3, shall be the amount invoiced to the Architect plus E percent (� %), or as otherwise stated below: 4Included on § 11.2 » § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of theCosr—of the rk, the compensation for each phase of services shall be as follows: Schematic Design Phase «Ten I percent ( «10 » Design Development Phase «Twen » percent ( a20 » �0;0) Construction Documents Phase «F� » percent ( a40 » Bidding or Negotiation Phase «Fifteen W percent ( «15 » %) Construction Phase «Fifteen > percent ( 05 » %) Total Basic Compensation one hundred percent ( The Owner acknowledges that with an accelerated Project delivery or multiple bid packal may be providing its services in multiple Phases simultaneously. Therefore, the Architect invoice monthly in proportion to services performed in each Phase of Services, as approp § 11.6 When compensation is based on a percentage of the Cost of the Work and any portio s cLte Pro'e t a4e _ deleted or otherwise not constructed, compensation for those portions of the Project shall bt payable to the extent services are performed on those portions, in accordance with the schedule set forth in Sectibn t H based-mrtl� the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The jychitect shall be, entitled to compensation in accordance with this Agreement for all services performed whether not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if 4, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's cons tan s' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) AIA Document E132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights ,ad. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or destribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 22 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) Formatted: Font: 10 pt Formatted: AIA FillPoint Paragraph, Indent: Left: 0 ", Tabs: Not at - 2.69" + 2.38" + 6.44" - Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: AIA HIPoint Paragraph, Indent: Left: 0 ", Tabs: Not at - 2.69" + 2.38" + 6.44" Formatted: Font: 10 pt Formatted: Font: 10 pt .3, the Formatted: Font: 10 pt Deleted: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of theCosr—of the rk, the compensation for each phase of services shall be as follows: Schematic Design Phase «Ten I percent ( «10 » Design Development Phase «Twen » percent ( a20 » �0;0) Construction Documents Phase «F� » percent ( a40 » Bidding or Negotiation Phase «Fifteen W percent ( «15 » %) Construction Phase «Fifteen > percent ( 05 » %) Total Basic Compensation one hundred percent ( The Owner acknowledges that with an accelerated Project delivery or multiple bid packal may be providing its services in multiple Phases simultaneously. Therefore, the Architect invoice monthly in proportion to services performed in each Phase of Services, as approp § 11.6 When compensation is based on a percentage of the Cost of the Work and any portio s cLte Pro'e t a4e _ deleted or otherwise not constructed, compensation for those portions of the Project shall bt payable to the extent services are performed on those portions, in accordance with the schedule set forth in Sectibn t H based-mrtl� the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work prepared by the Construction Manager for such portions of the Project. The jychitect shall be, entitled to compensation in accordance with this Agreement for all services performed whether not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if 4, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's cons tan s' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) AIA Document E132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights ,ad. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or destribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 22 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) Employee or Category Rate $0.00 § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Pr ' as follows: .1 Transportation and authorized out -of -town travel and subsistence; .2 Long distance services, dedicated data and communication services, telecon elces, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the P .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized .7 Renderings, models, mock -ups, professional photography, and presentation the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicat( Project, or the expense of additional insurance coverage or limits if the Ow( insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project - related expenditures. § 11.8.2 For Reimbursable Ex enses the compensation shall be the expenses incurred by Architect's consultants plus percent ( %) of the expenses incurred. by the Owner; requested by vely to this § 11.9 Compensation for Use of Architect's Instruments of Service If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Own e ' ontinu the Architect's Instruments of Service solely for purposes of completing, using and mainta' g the ct as follows: § 11.10 Payments to the Architect § 11.10.1 An initial payment of «zero dollar ($ _) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the )fna1-a� ice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proporti n tom Payments are due and payable upon presentation of the Architect's invoice. Amounts unpa' « nine l days after the invoice date shall bear interest at the rate entered below, or in the absence the eo at the prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) M %_ § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the co the Work unless the Architect agrees or has been found liable for the amounts in a binding di sp resolution \ proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, a d s rrvices e rformed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS I Special terms and conditions that modify this Agreement are as follows: «See attached document dated September 27 ,1h, 2012 titled: Corcoran Public Works Final F Formatted: Superscript AIA Document S132a - 2009 (foraerly 5141 -CMa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights vad. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 23 extent possible under the law software draft was produced by AIA ftware at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which expimes on 10/02/2012, and is not for resale. User Notes: (1465481025) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect 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 Architect. § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B132T"L-2009, Standard Form Agreement Between Owner Construction Manager as Adviser Edition .2 AIA Document E201Tm--2007, Digital Data Protocol Exhibit, if completed, E AIA Document E202T"L-2008, Building Information Modeling Protocol E ibit if completed, or the following: 0 .4 Other documents: (List other documents, if any, including additional scopes of service E This Agreement is entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) «Dan Donahue. City Administrator »« » «Jeff Oertel, uresident »« (Printed name and title) (Printed name and title) AIA Document 5132- - 2009 (formerly 5341 -CNa - 1992). Copyright © 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in vil and c nal penalties, and will be prosecuted to the 24 extent possible under the law. This draft was produced by AIA software at 08:54:34 on�09/17/2012 under Order No.0403372739_1 which sxpimes on 10/02/2012, and is not for resale. User Notes: (1465481025) (A CHITECTS DATE: September 27, 2012 TO: Dan Donahue, City Administrator, City of Corcoran Greg Ebert, Ebert Construction FROM: Andrew Cooper, Project Architect, Oertel Architects RE: Corcoran Public Works Final Fee Mr. Donahue and Mr. Ebert- The purpose of this memo is to finalize our fee proposal for the design and construction of the City of Corcoran public works facility. We drafted a contract (AIA B -123) between Owner and Architect that included a proposed fee of $138,000, which was based on the construction estimate of $2.75 million for 5 acres of civil site work. In review of the draft contract, the following comments and corrections were requested by the City: -Total construction cost between $3 million to $3.5 million -Civil site design for the entire 13 acre parcel, in lieu of the 5 acres immediately surrounding the main facility. We propose that our fee of $138,000 will cover the following, and the draft contract should be amended as such: 1. The fee proposed ($138,000) covers a total construction cost between $3 million and $3.5 million. The fee includes civil site work for the entire 13 acre site. We agree to amend the draft contract with the following understandings, based on discussions with Ebert Construction: 1. The fee shall be locked in once the contract is executed, provided that the building foot print provided by the Owner to Oertel Architects is assumed final in size and scope. 2. The fee still includes two design development phase meetings as originally scheduled in the fee proposal. 3. Any changes in the building foot print and scope of work after it has been finalized and presented to Oertel Architects for development will have fee implications. Please consider this an amendment to our proposal, and the items included here are to be incorporated into the Owner and Architect agreement. If you have any questions, please contact me. Thank you. Sincerely, Andrew Cooper, Oertel Architects ,I tt T,11 Document C 1 2 -2009 tai it S -idr -d Form of Agreement Betwoen Owner and Construction. Manager as Adviser AGREEMENT trade as of the clay of (fiivlords, rxrci`tccrteriiiy, manlhrrndyear) This dacumsnt has ir».porlonf.leg'a! l� N the ivv3tt;rs consequences. Consultation with N:,, =r +t; -_ lYame,.lega.'. roes; adc�essarxdor�aer 'lnj`brrnati ©nj an'attorney. is: encouraged, with -- _ =' _ respsctto its 'compbtionor :City o :: oret xan modittcation, $:; .200 ' C611 ty Rdad 116 This doeurnontla intended to be used in 0d0jUnction with AIA ;.Corcoran 55340 ... . , ::1!�T. -' t7ocarnanfs A13T"" X009, :. _. 7.6 3'' 4 0:0 - 7:03.0 :; ar : nrm ` rnen tan ot.Agree .. :::._:.:_:. Setwean Owner and Contractor, Cc sttuciitan Manager as Advisor MOO;. A23"-2009. General ttrt�d�on A�ialiag;. ;... �. y tb ndiitions of the Gontraat for Con'stntction,. Construction : ?4 i?,. gaL rs,. adF r ss 4*d of rer Wbivation) ar# ta Manager as ti,riser,w= tlttion;. and - , #. :.: Ebert Cristrtiet 'ion •:� � ` ° - Agree lel�ee eirien00 o ner antl _ _. ....:... '2 3 -35 0 county Road 10 .. ° `0� '- .7c Arch t,`Gonsituction Manager as`.° - .. :. adopted s document by y :.. - - reference. Do not Use with other _ oral condiU'>rinsu r>les'� s ; is this flat the follow" PI16j •document Is rhodf leti:. 0, loeatidh and tl�Mded rlest:rfj7 iQn). I' City Of; Corcoran Public Works Building The xlrchitet V Xame le ai status adc&ess acrd afhilr xra: ormatiurr l Oertel Architects, Ltd :y " 1795 St. Clair Ave. St:.... Paul:, YIN ::..., 651 - 9.6- 5161"~,.° The Owner and Construction Manager agrue..as follows. AIA DoGumeM C132i"' - tformerty gb0'l WCMA.- 1+3921. capyrlght O 9973, 1980, 102 and 2009 by The Amerh�an (rtstltut# ot'Architeats, .AlLdehts snit: reserved. AR9if 4ttt,sAfA tacrarstetaitrprat byit.. . sp3d.Sh€tac�rsr+dtn3ei:t'nttt ialfns +t£lme,llrex!iFittrl to aoprotlusilnnarfttriwWlatt j of this Am 00awrvrant, Or erey pt an of It, 'r y res, ult hi sveuera WAI and. arse will prosaamw to the rolgiXErrsurrt w4w ove"le u. -Idar the lour, Flumhosors 2re pemillted :o reproduce ten (10) cop os of this .riocuMent.whrtrs.completed, To report oapyrightvioiatlons of...AIA' contract becuments, e•'mall The American institute ofArchltacts' legal counsel, eapyrlght@ala.org. ..g.. .... .. v;�J�i' : i5stton rich . rat. .t w tg �mmy y. serUng t e rcquagie ira rriiattrxz _ ? ; ;: a e nerd miab as not. 11 i t ur w91l'ai:tftnea' t�recutto� or. t�.ls� �etermini?�C otter' rnumfual:�`.rt?eri3eni." ....:....... for the; Prod cot. �.......... ............ �'�t��c7 ern (d i f p ;17�a ti poWiv `e me manner h wkii h t'he pr:ugram €�i11 ire rX6ob5ped AIA Document.CA32'lm.2009. ormeb lyS80.1''lowla;9992):CUpyrght0. 1973, -i;.98..0,f982. and . Zd04byflie- �lrmricanInst iluted Architects. All :rights 1nit: vooamed.WARNli*G;TMwlA 00cnm mtP, protent odbyUA.Co pptiChttawsncflrttonfo limolTM*Uok€fiautholiaadMprlfdi 6n0dlefrfbotion � of fftttt,�I�ta' imam, or ate portiaat rii' lti, stay rreatrlf: In aat�a tfvfl 8�1d L•19frY €flil[ tssn�tff±�ai, and v+lfl be �rraasoittact t+x bra- €�p#ttmttSt3t �tct�r� ! p"alble udder Flo law, pirchagers are permitted of thi§ document when completed; To'reporl oopyright Wolat wf AIA Contraa Documents, is -mall The American Institute of Arofiitects' Iagel counsel, copyrlghQ.aia.org, J1.1.47 he Owner's anticipated design and coiistrtieti.oii.scbed tle,- .1 Design phase milestone dales,. if any: Complete schematic design November, 2012. City review for approval December, 2012. Complete bid .documents February, 2013. .2 �,vr &et r'datce so tt o arch, 2013.. Contracts signed:_LLNlarch, 2013. Order long-lead items March, 2013. Constx}ac�:"oh start May, 2013, .3 A' tat akaiEot�ipeS on ciat M- 108tone dates; Substantial Completion late Novemb ibq 2013. Punchlist & closeout - - November, 2013. Project move := l�icember, 2013. Final lift of .4 Allbh a 'phalt Spring 2014. _' °L bwn z;it t tzt9s a fs Ilowiug Procureineizt une thod far the .Proj A, (la'e rhadoueh aff co Aetithle, laid neg hated Conmacl. or rr4ar .::rime C ��nIracts,) Coinpetitively''bid-'Mult;iple Prirtl �'.; °�.ontracts. g P ales es ores 1:'1,6 Thy pvlci) s r�x}wronaents far aceeleTated. or fast -track s�cbedulin , inultl 1 b.1':�,p�; : 'ia , ... ed oobArur iion..ar :st t fertli iselocu: iisi raisin rand i);zig o-f, badlprucurent pactcrages.) K TCi be.. det�7G�►t>ened later by mutual agreement X1.7 0t Or- Projdc% information; ,eni(fy spe4W chorocterls'tles or needs of 'the f'r'ajca' not provided- aftewhere..atch ay environmenta fly r&P.01gible design or .historic presarvafl(m reguireirtents,} See attached proposal. _ J., .. .. 2 : y .. .... ..... .. _;' '' Vii. - 7. § 1,1.;8 Th.e vri i� idipnti. .fea :.l '.t&.Ib�;�iiigteixresentative in ac�xdauce with Seotfoii 5.5� -t- ; Gist rua-rfie address crr d Q t tr! i pmailon :Don DonahV e–City Administrator R461-400-7030 City of Corcoran "edonahue @ci.corcoran.mn.us 8200 County Road 116 Corcoran, MN 55340 AtA I)owment C932T°" — 7009 tnmmMy B804Tm0MA -� 3992): Copyright 011273, t$80;1Jg2.aiid 2048 fsyTh� r4mertc an ln6thAe ai ArchEteo(s, Ali rights snit, rraservod. +�fti�4iitt43: �#1A� ttocri�i I� frro�e8sd S`et:g�-tpii�i fsw �riei ln% rr�a# �nr�ai' 1'a'ar�aktr�,'t��yz���ihcrla�ci re�r3'�dius�ta�t �r �€a slxabt3t,:.�; of this >�tt�e'' Diovi'lttfm or rigs oufflob of i4 MW rgauk in nev&v civic : nil erit>#irtol P0041114s, 44d will be pra"tutad 4) the tt wamum exter4 � 19.0"ziait, undor 1114 law. Purchasers arh permitted to retlroduce ten (10). deples of liils. dowmant when completed. To report copyright vidwians of AIA ConTract I'Socumants, a -MAI Thd American lnstituts of Architects' legal counsel, copyright: @lsia bro. 1.1.9 The persons or enthimi in addition to the Dwner'irepre8entwtive, Nibe are required to review the C.onstruction ......... .. ......... ........ ... (List name, -a&b-ess and other iffOrmadon) To be determined. owner may designate a building authority . ... . .. ....... presentc-1 tive if it assigns: this Agreement to a buii'dirig .. ..... .... . ..... ... . .. .... .. .. .................. .. ... authority. .5 ; .... ...... ..... .. consultants and: zDerL t.;onsLruci;j-on bternes@ebertconst.com 23350 County Road Corcoran, MN 543 ernes 4r, 11, M iF plan asxeq4ivoiffidar Section 33.Zshwlhxclgde.�f -`I"! to be indude 0,6 Ebert Construction AIA Dbouniehl 01327m —2009 (f6raiddy B801TIAOMe —11002), Copy-Wohl..* 19713, 1 r6aerved. VOJMO.1 WO NO Doto mOf it IsomtavW.. PSY Ui. CopyrIVIA LAW a of this AWOMMUMt *raft pall al It may rosuit In -Ra"m WV11 nod 4". In pgulblv undw the raw, F Urctiasers are Vefttbd 16:raprOdura ten {10) coldgw1hi confrad Donum6b&, 64naklffie AM06an Institute of Arefiffealobegal counsel; mop d 2909 by The Arneflioah 1nat1tutdr.df.Amhftectd; All rights, .fW Irreall". UBARMOdUd f' ""du"'M 4 and v.411 be pra"AWad 10 gig M"iftwM 8iftal Jharl awipfatad, TO report dopyflght Volailloris of:AIA N .4 % N ....... ... . Y .......... B . . ... ......... ............. 4. ........... . G -AP17, Y consultants relained by the Owner, such as a Project. or Program Manager, -or zDerL t.;onsLruci;j-on bternes@ebertconst.com 23350 County Road Corcoran, MN 543 ernes 4r, 11, M iF plan asxeq4ivoiffidar Section 33.Zshwlhxclgde.�f -`I"! to be indude 0,6 Ebert Construction AIA Dbouniehl 01327m —2009 (f6raiddy B801TIAOMe —11002), Copy-Wohl..* 19713, 1 r6aerved. VOJMO.1 WO NO Doto mOf it IsomtavW.. PSY Ui. CopyrIVIA LAW a of this AWOMMUMt *raft pall al It may rosuit In -Ra"m WV11 nod 4". In pgulblv undw the raw, F Urctiasers are Vefttbd 16:raprOdura ten {10) coldgw1hi confrad Donum6b&, 64naklffie AM06an Institute of Arefiffealobegal counsel; mop d 2909 by The Arneflioah 1nat1tutdr.df.Amhftectd; All rights, .fW Irreall". UBARMOdUd f' ""du"'M 4 and v.411 be pra"AWad 10 gig M"iftwM 8iftal Jharl awipfatad, TO report dopyflght Volailloris of:AIA 11,13 The Construction Manager's consultants retained wader Basic: Services, if any: .1 Cost Estunator: (Utt name, kgal status, address and outer igformatson,) : _ : a. .2 Other consuluwts: Septic; Sewer; and Well F. 9:'1.1.14'E w ConstLi o- ion,l4arriacger's consultarits tOtline(I Under additional Services: N: Fil II .16-o wtial Infbrmatiot► on which the Agrepi'rlent is, _3Y' /l'4 s .. ... .... .c.: ;. Tixc' OwnOr C,`eii sl! itGti.ota Manager n>iry r.:ely. on the lriititil. Cnrtsrmut btt, Both pain s; howar�er,.xeeoga a that `iii#a tnatiuri.it y.t ai ria(ly chz lre anal, in. th&t 71t, the Owner and 11 .�i?tiStr[iGtiF?l7. ,ma[ta�erS}]all res ri :. ap}n p.. gtely.sdxqt. to schedules, tint C:ansttctibnMal�ager's.servlces AncltJii; Constru.ctioii lwianar's 7. :' aiitnl7ettstiori: ARTICLE-2 b*I4tlRUtTION 1Yil NAGER'S RESPON$IBIL.ITIES Cutistruaion Manager -shall provit the :services ert as set ftrilx Ji11 tliits1l;reeiiler>t, §` ..ThO C0I*tuaxi6Ci :Miraager. shall pet•foini: 116. ftry ices Consistent with the sIdtl anal. care ordinarily provided by wiistraction managers prao'ticirig in the same or similar locality und-er the i amo or sittllltir cirpuxxinst ices; The Construmort Managor shall;.perform its sctvices as ekpeditiouskly as is consistent with such sk-11 and cats, and the ordoly pragress of the Project. 2.31lie Constniction€ Manager shall provide its serviom iii'donj notion. With the servit;es of an. Aruhl•tect as. de p0bed in A.iA Docurnent B132TIA-200 ; ;Uandard Farm 61, ecitient Between Owner and.A:echite , (�otr U tietaon l ringer wa Adviser Sditioh. The Coitstruction not be.:TCqposible fdF 3Gtiork.0 t"rliCen by die Archi opt, .::.: §14 The Conatiurtiotn Manager shall 1460ity a representative authorized. W act on bbhalfof.tU. C69insctio n M' arlagerwith .tesfpecttothe.Prti}eiti: tr . § 24.Ex£ppt �Vi the!Dwiii$r knowledge and consent, the Cow..tructioit M &tea : SYl$ 1 Slit Grip txiY3 clttjr aCt1Y'ity, or accept MY 9ftm oy lent, interest or tontribution. that would. teasonably appw..'. ci7inproinise tho Comtruation Manager's jisdgrnend with respect to this Project Iltii. A1A baGUmattYC132'" 2009 {formeYlK 0eFw4TmGfl9a 1352 }, Copyrlgttt 01973, I.M,1992 an 2009 by iiiv-Anietionn lnstltute:otArrhitects. All rfgfiis rmerved. Wi5E3MS. Thts ALt4`'° Dos: oliwit is r4i*togod by U.13. 4.1ag righi Low anal Wtprmtiarmf yre 13s5: tirs uWArtratl mpmdtzvoll :arr xtisir8 s HW. S of MN Afe Docgnuatt, issr'sry pcMon a li, rA&V re%Wt In savore 041 ind rAtulrael ptars im", 411t -'Al ire prosavutw tolfiv mlxl:z wy� s`#xEssra% { ps"Ale tindesr'the tam. ft, chasers aro permitted to mproduct: ten t10.): copies of : this document-when ceinpleWd, To ropoit copyright violatietls of AIA Contract ©ortlMfits, e-rnall VwAnefiGm Instttute of Architects' le auadnsel, o0.pyrlght @ala,0rg. The Construction Manager shall. maintain the following Insumaize for the durati&Atof this Agreement. If any of the requirements set forth.below exceed the -types and limits the Construction Managor normally maintains, the Owner :Foram ....... ..... shal.] reirnbume thie'­ Constraction Managay: or aa addition4l cost. 7 omprehensive General Liability with policy limits of not less tlan Two Million Dollars perty 7�'�-U C0 , 000 00 )fOr Oaeh OC-C laeROQUIld in the aggregate for bodily fWwyl ad-P : ro damage. Autom e, Liability covering owned. and vehic es operated by M § 2 A."t obil Liab ale Cons oft P. LUWgeT with. policy .4. i:,-.,o-; -of notlws than r. One Million Dollars 1, 000, 000 . 0.0 combined singlelfi-nit and aW 001wily injury-and property dainage. '§143 The C Wit )rella or if a= vonve, onMuet ui achieve the rotiatmd co for :. Wager may use urnt excess I a I ':dcaers&�Wfity aod Automob.ite Liability;: -e resul in Compollens 40. that sucili -umbrellu or ts. � 21 e t)*. d M varage -w required for the individual po.bWos. j at statutory. limits: and Em:loyers "Liability W1 a p olicy intt o;fhot less than One Hundred thousand Dollars 0 0 .0 '0 j !- f 8j!"-Uab6 .6varing the JVI=gor's ncg.HW,..n t acts,-ftrors and. omissions in its d!8041VIC-amiK, alicy limita of not I%& than IT A Dallats' m. x. aalzn And fiftheAgamp.te V.. Abig -11.prQVide. to thid i� ...,.,4,24.6 T­,�e:c6ndW ti= W. it sha �f� 8 6Jft,2,6.'Tha cort o tiirerxlents hijk ifieaW mill 4 ow the Owner 0.411 additionol instimd On the C . ......... Lia 'Ny:-,.Aut0.m.­`.6.U.. bial [a ot. excess pqlkies. ii ix AROG.W. -8C.0'0#.0if.00N.-R VOCON ANAGERSIASIC SERVICaS 3 Chahttion -.343 Wd include usual and 't., aot'i basic Services con.sW- of these d%cTibed sectle0t I . Th Oib and con*acti n6c, d --t -imating, and ail cgWrinpf 0, w. on aid scheduling, lity.j:evieW­ W �0-014 r TIC 401 do fl iOj f g1he Multiple Prinie Contractors, . .... .... 04 erse -2-Pre klitmitt6fiffi ft -1-32611h' C7o Uctpon. Mamger shaft the, program. finui lie byJbe0wtor and any.eva1uRi6 0 fid PAW d R d :by the Arclikeot, to asperf th' enti of Ow Peojec and shall arrive at'. .a mutual .......... W.. ....Wuex's ptagr-On vi -ed am.. e requirem W dotA... g I - ku4h requirements w the Oidr acid Architect -3 .22. �Cbn#pctiaA.Monager shall ptovide a prolihinoy evaluation of the ONYtier's piogy am, s6heduk and hitorins of the, other, i:. J ... ...... . 0.21-The: Constnicto.n.Managm shaRprelyare,. anja delivetta the - Owner, -ti that tiaeludes, at a, minimum, the following: (1) j)roRrkiih.aiy eva on . qtiited-iii.Scoti.oli3.2.2.(Z)aProjwt fluati & rb t I'The C ons --mul tip # Contractors or fast-track cons ruotion. will b6iii*-- truadoll Manager shall periodically update the ',Q)TISU110flOnManagement Plan over the 00,4m„ PU 46"t 7.1 9 3.2.4 Based on preffinhiary des* aud-V-0 cri(oris prel3ared by dw A:rr*fteot; the Lens V—UkFro. W444ger. the-Work or the cost of ptogram. requiminelift &areavojumeor qjA*b% for the Ar6iw- ct's to:W&W and Owjier's Ap -.Atchite suggests pt4oVV, .0t . 641tprovi&e I "". 9 "Ofthoge alternative the coastivation. miqlager cost "A 01011W ... ... .. ... ifty also provide, itg%ovyn sAggesti s.* w .6 Th6 (16ndtrud.tion'MAnag.or shall. expeditiously review design dowifteds daring their development and advise the: Owner a d and' an propose I site use and improvemeTasi selection oftrfaterial.s,., and huildihg.sysitems.and equipment. The Construction Manakor shall. also provide-fecomMeridation§ to th.o (:rwnet aridAroltiteot on coast- tabi.l.ity, availabilit y of natoria d la b or,sequeftei ng-for phased coostruction, tinert e qWrd men ts fb r Wit AIA DowmentC132"' -2009 Wormarly 13,8011 ImMa .- 15982).. Copyright* 1973,1980,1992 and P400 by The American Instittite of Arohitoda. All rij ras6rved.WARtQM,'MWAkA iofili1v AW'baoumwnii oar arty portion of It, may f0suft W sevwa Wh imid erfiribial pemdtN% to:(he max1rhura "Writ Pe*zJW9 tinder the are permitted to rapr6ouca tan (1 0) capkYdflhls dactiment whan complotad. Rr report copyright violations of AIA Contract Documents. e-mail The Arnerican Institute of Arohitbots'legail omrlsial, prov,umthent, installation and construction, andfaetofs reLated to construction cost.tDcluding, but not limited to, costs of alternative designs or matenals., prelirriinary budgets, life -cycle data, and possible cost roduotions. 3.2.6 The CongtntctionMarta 9 er shall prepare aiid peliodioally update the Project sehed-aleincludet in the Coiastriaativta Management Plan for fheArelifteoVs review and. the -Owner's aweptallce. Tho Construction. manager shall obtain ft- Architect's approval for the. ortion of the Project schedule relW.rkg. to the pet1bramae. ofthe Architect's services. The Project schedule 'shall. coordinate And integate the Q�ngtruotion -MA services, the ArclAwfl; services. other Owner ootisultantl' service;;; -acid the O'wner's responslbifities...apd-. 4ighlight -items that: tould -affect tho.Projwt's timely completion, 3,21 As the Architootprogromt with the ptepoation of theSchdinstic, P0 'ft h., egi.gn nevelopraient and :Cowtruction Documeniil'ilia CongtruatioiftManager shall prepare and ii Ip5 -01 approptiate RittiVals agreed to by the .,Owner, Consttuctiont Man . or and Arch test, estimates of the Cott 6ftfi& Work of increasing ' , ag _g detail. and.rellnerneift. The Coustrgettan Manago shall include appropriate coating e jos.46idestp,bidding: & iii�goiiating,.pr*-escalation, Andmorlet 00adition-8111.6e estimates of the,:Cost of the Wotk ,Such estimates shall. , be provided for the Atchiteces review and ths Owxiet'si approwL. The Construction Manager aliall advise the Owner and Architect if it appears that -the: Cost of thi:'Wurk way exceed then Own or's budget and make re4orftmondati ots for corrective action. 4-2.8mthe, Architeotprogftoses withthepreparatiqn of the '!Constiuction Dmuments, the Cbbstruedon Manager shall constilt will] the Owner afid Atc-biftectand inake -recomme.i1datiolas Whenever-The Construction Manager deterthintes that des4i details adversaly affect eonstractabil•y, . owiiorarid -Arohitect it r; .0 uipi-nont xterials andservices for Ing thew assigorilti of regPonsibiliti"'foe terylp P.r qjkt facilities and eq common use of the Uhtrktor& The Construction ifyihat such rengti-iranents and..ass4pmqitA m- gqasibihtiegmeIndluded In' the proposed. N*nd Dvauhientg. — a 4 3.2.0.1he ConatrucU'on lvlarrxger:,slr dvi& recommeadadons and information to. the ow th �pr I�Wding e aildoatioll. Of le46tigib,ilitiesfor--gafdLy.prograiiis arnong (he Contrad.ors. 't3'�2.1l'Th6.Constructi,o i--M.��. er shall provide recommendations to the Owner. ithi'division-af the Project into .'individualt-ontracts for the construction of various categories of Worki hichid... tblt. M.. ethod to be used forsel-ecting COntracdors Zia awavfflng Cantractq. Itmultiple ContsaeLo, are to be awal.dedi'the Construction Manager shall review the.DMwin4t, and Speoificadons andmake t6commendations.-aa required tat provide that (1) the Workof. tiler Contractors is wijk6iated, (21 all requirements for the Project are assigaod to the appropriate Contract, (3) the is coordination is provided,for phased raoustraction:. §12.12 The Coh 6*ucdon Manager shall update the Projectschedtile to itiolude th'o oordponents.-of the WDTkJn6ludhig phashigofcoustra'dol; times of commencement and completion roquired.of ekh. Conti actor, ordoringand delivery- .017 PtUdUU-35. inCIW[Ug thOSe that most be Ordered west]. is advarlee t)fcmftruoliorl,and the omupaney requirem. ►mw of. the Owner. 12.13 The Camtraction Ma'nagpr shall axpedite and coordinate fie. ardorfug and delivery of materials, including those that must W ordered well iti advance of mistraotion. §12.14 The Construction Manager shall assist the Owp&e -f Wsdlecthig, retaining and coordinating the prof femiolval. qorvices of sw-veyors, "6ul congultant% and tegUiNkI toriess, required for the Project. P.116 The Construe.60-nManaKer .shall -P e an analysis of the types anal quatitities of labor ro d: f r the Project and review the availabili f bpf . quite , 0 iatezatejoriea�of labor required for (Atical p�o nVC(mstruction. Maiiakpr shall make tecomi)ieiId#fi6I*Tbr actions designed to minimize -adverse e;f*tspf� 6f A .4 oltagos' 3:2.']6 The Canstruotii� shall - assist the OArner mi obtaining irifornia applicable 4p able tequiremenLq for. eqyal axnploywenf'Qpportuuity prograrns, and athor.programs. as'(My r d by govetni-tiental and -ror quasi _.. N�Are govemmental authorities for inclusion in the Contract DoOtinients, AIA DOW939MC132)4�2001fqrynerly 138011UM-199.Z. CapyrightO 2tW200$ by.Thahnefloan hstRute alArbbileats. All righfis roserved.IWARNIM- Tlil% AIA Wounkrik N pM*tMd by 4,41, Coe yYNM Law ad Woroodkoal TfoAffou., Unauth ate ed.. ropmoucatwt or etstribution of term Ale Dewm;" Of arty powon 4bf it, M" rasult ire 36"fe CWH And i"Irtal PaImItle4i alld Witt: bil PrO4144WRA W the MWITIUM OXWOlt 130"610 MAW Ift lAw. Purchazet's are perniffied to to roduce ten c 40 p (10.)Qoplesoftilludocuine4itw(ien.completed,Tottpt)r.t;ol)y htViolatiolmol'AA Contract Documents, e-mail The American institute Of Architects' lagal counsel, copyrightgaia.Qrg. 31.17.Foflowing the Owner's approval of the Drawings and:Spocfflcatiw)a, the Construction M.anitger shall updatv and submit the latest estimate of the Cost -of -the Work and the Project schedule fbrtho Arohitect"s. review- and th- a ------------------ - - st -adioxl- Manager shall subinit the list of prospective biddea-for the A3rchitect'six.oview and the At-TheCon .1, -.0, W. 6 WPM Val. ... . ..... .. SIOV.6 ConstructionUmager shall. dova.lop bidders' interest.3n theTroject mid establ sly i dti h4 tchedules. The it tq Oonandwnductpre- bhOUAim Uanapr, with the. assistance of this Architect, shall issue Wding doc:44*. b Nd. Gi)tikrenceg with' prospective bidders. The C0.1ULTUCH011 Manager, shall isslmtbe: Wirt nt Proj6ctooheMe. with ard to questions froth Ail; do ments each set of hidf The Congbuctioji.Managcr -shall assist.-the with reg .1 .,.bid4ers and with -the isslikhce:of addenda. J: j12The .20. tp -uOU.06 momagor shall xecteive bids,.prepark, i l,.anfaysee wid wake reoonunpadation . to the Owner Owner `s . award-W-Contracts or rejection of bids. ,2 fio. anagorshallasgist-the Owne in pxepW-j)1.g..CQasb.'Lictio 'Contracts and advi-%e the Owner ne'uMstruo- it n 511 e accep bil rs and material sup -s proposed y. MAP. to Prime Contra6tors, .. . . . ....... .... ...... §IZU Th. t . idger shall assist-the.0wrier in obL0111V, buildiiag panni:U andspa, W.Pe . rmiU for 1 7 ".1 penn anen 1",rdl, 7!� f�r PernUtS �Iy b Y di0VftrjoUsMUltiP.l0Prbnc htm,66m .00.6strue-ti O!Tanager k-W verify tb at the 0wrar bAs ald applicabjt, a td assessmc �. T he ;W07" U Si ity wit 40gorshall �ii#Jhe% Owner and Architect in contip 'R."Wi i. the OwnW espo bi for f 1. g I f411hp apgrevals of govortilT.Ionta ati . . ........ . ... . . ..... .... ip f 4. -1 i at nAh CQ o isd6oA tontratt ..... ... .. . kl :3',.1. gab 0 10 hConstructi-cf Maj -pger,s. req poasibi1iWtd provide Constraotion PWO S J, h t , ')f the jn1t1aJQiW for Cojastruction.im - ciernimates-011 the� e th e W: Wes the: n W prov d.e a stafflixg phin to include be fn. -F. U#fivev6 .04i* shall: one.. or I ... . ..... . S ed, Woxki being perform ...... . ....... ... "C§*Pt tivix.Nanager shall p x o' v ido o- gito a& tin Istradon. of Q),e' Ci &acts for CanWixtion in caomdiior -2 009, Giemnl. CoDditions of the. CanftacA W, 6 fii�.Aroft' IhheloW and. in AIA. Docuriac-&-k232"It aijager as- -and ContxacW mod* ATA.Dociument A232-- fc it oj1,C6MthjoU4n:M Advisor Edition, Ifthe Owner 'I Wtioas shall, not affect tile (DonstmatJoil -Manager's se,,Niow jander-Ah s, Agree 2009, A4allop, I �Jw J went Un1 m.: tht� Man -.0 pr the -. . a amend this Aj-mei.ft.nt. goj A istntedou a fovide, odiN. istrxtive, managalmlif and red sei -vices to coordinate to -R.c ked I S of the mmuld-pleftmoC. Waotbr§ with each: other and With those ofthe . ........ . i�. _WTJOn Mi th Owner and the Architect. The Cangtrtictioi! Manager 4411 coordinate tW Mr 4. -40.4ifies . of the with tho late ft approved Project gch -t.D men edWo idd the CoWax, 00U is. .... . ...... W ............. -lea: orevidiM by th Angto construction subedu eMultiple P.,'ii6 titratt6ts, the Qoonmution.Manager -=shall apdate the Project achedulo jocorpo raI ti ti th aciiv itie St f the 0 v * h 11 Aroftitaqt and Kiltiple Rdu CoutrUtm 'Ikatioh of lAbor and material's, Pk0oming of Shoi, ............ KAWIngProduct Dtaa 44d:S st amp*; and do' r I t of ptoduds, j naludfng those flutt wuat1e- '11 in adnitce of ednstfudfi6o W6 inalude the Ownet'g opc ;ytequitomm... q im Tlie Projedt,Wheo.w.10 -S -jig portions of the Project,baving otoup i The or mcymoW chedido schedule ws required to shwa cum ditions, If wi.updRT6nd1C.ktt84 that the j)±6Vi0-Us1Y,aP..Pr­ , Op all S J 4Y_ T Pip �.�f 0 t, 1) . I C0j1strWaA1-"-QA6i -shall action, if any, to:. r W _190C P; shall sohzdule kid. conduct weetlugs to di ,% s as prb.n p fte:v , I .. m &1 1' 411 Pr tpare and promptty distributd tnlnrties 6 .Q. Arebitect and. 1041tiplo Prim.e•Cont•actors, AIA DoWmant C1 327m - 2,000..,t�ornieriy B801 T11CMa - 1992.). Copyright 0 1973,100, 1992jand 2009 by The ArOrlash Institute of Arefth0i.6 All rights .Init. roswved.WARNJN43-TftAlA S CM18 AlA# D"Umenf, or any P*AW" 0 It, Inay resvit lfk ""ere aWil and PrIlminal.pW610aa, argixill. be prwwaW to ft magroum axtw-g po$Wb* WWW tjW law. Purchasers are portYkItled.to rapyodude tan (10) Copies of thls.doGurriaiit"en conloldtPd. To reporl cogyrighNolabong-afA[A. Contract Dowynents, 0-1-nall The ArnefteninstItute of ArchileeWlega) eounsr4l, 0oPYrIghI@aIA.ord. X13:7 Utilizing information from the Multi- 16 Prime.. Contractors, the CMgtrurtion .manager shal(whedule and coordinate the sequence of consttu'otion and asbighi nent o space in areas r tote the Multiple Prime Conbu —tors- are perfottbi:ng Work, in accordance. with the Contract:Doccaments andthe latest approved Project sebodule. 11368 The Consta•uctioli. Maanager shall schedule all testg . arid.: inspections t-equ.ired by the Con #tact .Docuinetlts or goverratii'e tal authorities,. and arrange.for the. delivery 'bf test and inspectiurl reports to the Own& attd AtSch'teet. 3:3:9'i'he Construotioa Mana:er shall endeavor to obtaitta satisfactory porforman'ce:from::eiicfi..: ¢tile Muhl le Prime g rY rrtiattract rs; The Construction. Manager shall recoi=end Courses of action to Clio ownorwlleta regoireaziiai,ts ofa ­.Contract are not.being fulfx:l.lod., _ 33.10 ,1ae Cotsrctiob h 'ties i a ie progress and estimates for : tfo.ompleted tasks and advise: the Owner and Architect as to vii Jr>? :e9 l et'v11ebn aGtx ii and burlgeted -or estimated _ :costs., if the C'.0ntractor .is required to submi:t.a control Estlirirc ; foie i onslxtae.tion Mantagei shaltmeot with the Owner arnd Con#raotot M re�view'the Control Estimate. The Comtruo�l;cl Manager shall promptly notify the Contractor if ell re are any.inconsidencies or inaecuracie5 iii the int'orinati:on pf enter, Tlie ConstruotiaSat.lulandger shall Woo Te1►ort tiv,,Can . ctor' Brost-: cairtrol inforniationtotheO�vner. 363.11.7be: Cohsixria€iaaaa- Man.ri sha11 devolol7 ca4b; flow .re. ports and fomoasts for the Project: Ccnl4tilictiari:l ailap shall..inat.riLaI Au ounting reo -i Usi titllrrr(zet �?VDr1E pore ©ltktt i iltt4l n Uhlt' colts,. ad�litdontclvork performed iii the basis ofactual roses of 1.alaor -need tx �r�isY asy:d ailaet`�Norlc;tlyrluiring a�outttirag recori3ia.:.. . J3 - -_ 3Y3.2;1`.f Ctanstlntlon N[a .ar shall i(> uelia arsc! I>rtnnt ratf'uas It�r this rev itiav ttnd tocsin of :• Applicati+alta a for: Payment by'161 iple 'Prime Contract A #'dr progress and. final payments. �'+ $531122 Not itabts':f`ezltaeiidy. than motFtts�( the Construction Manager shall review and certify tbe;a o�raits due the -: r�speartivie 'Cantt�t+urs�s "o11uw�.;. _r;.:� �.,.., ._ •:: :, ::� A Where there fs only cy1'td ContrEaetor respcnslble for pe fbriniixg "the'W`orlt;. the CD. sttttction..Manager shall Vfflii 1 t�c iota Mang ile n et onttarttir's Application for 1' yaaaarnt, a -:view the.Applaication, certify the. tttraount:tlxis Cons ct ul 'Iv; Hager dotennines i%.due the .............. _...,... tantcactctr arld;fol•ward the Contractor's: Application and. C.ftfi ate i'bt Puyinent to the A:rohiteot_ iivllz e: €Etm are Multiple Pritne .Coi'rtl-aetonq .rosponaiblo i`or pr 1 €taiYxtitag rlif%reiit. portions of tlic l'ojegt;ltiie Construction. Manager sball, with in seven days: after the Consbaletion Manager receives _ ..... oach Corttractor's ► pli:cAtion for Payment: (:l review t(t:r ,App.ltCa# t7ri3 sritl ceitily'tb.e atnoin the P ) :._.- C i)Ms mction Ma'na • er datormineg is clue each Cantraotar re am.tt' Summary of Contractors' Appiic oura'for Payment by summarizing in.forxnatlon frtun each .CoritrAl tot's ppllcatiorr for Patyarertt, (3) pare'a Project App1(carlaran ritl'd Cerlil;lcatt for ]?ayrtient� (�l) ivt3.ttify tll:e'total aaxlonnut the Cotastr=41on Manager determines is dire all Multiple Prime Contractors collectively, and (5) forward tine 911mmaty of.C:entxactors' Applioationi for Payinettt and Project Ad >plitlation. card Certificate for Nyrnent'to'the Architect, 3:3.'(13 T bz ` onstruction Manager's certification for paytraent shall ro'nstitute a representation to dw.-Owrter, based on the Constructimi-Manager's evaluations of the Wark -and on. the data comprising 'the Qntractors'' Applications- for Payment, that, to the best of'the Constniction Manager's knpvvledgc, infortnatiort <lrsd Belief, tiro ar1� lies progressed .-to the point indicated anal the: duality ofthe Wotk is in ; with the C.oin#ract.Documentg. The forego lag , representations are~ subject to: an evaluation of the. *&:6i conf nance' with the Contract Docum.wits upstta -,`° Substantial Completion, to results of oubsegu e.1 Hosts and itl pections, to. c mtraotion of rmiior dewiat(,= ,.frld the Contact Documents priorto comPtetion a sh fo'Rpecif o qual:i.fceations exprossed by the Canstruofid t :.*her. The issuatace of a Certificate for Paymeett sNQIl fu►tlaer constitute A rec(unaTlendation to ffiz Flrchiteot: an[d` l wner that the C j*actor Jae pain the amowit:a> i -fled ` 3:3512', ho;cetfi#ic tiQriref'aza Application for Payment Drat I?'rCr.1e'ct ApliIigatioja�ti L ymeixt.byihe C`nrtsauction M:i nager sliO not bre.a'representadoaa -that the Construction Mar"f9er has (1).,A!6darexhaustivc:.or oantlaauous on -site iltsp�.ctions to clxeck the duality or quantity of the Wort; P) reviewed con it' r ct` on means, methods, teaniques, sequences for the Contractor's own Work, or procedures; (�) reviewed capies' of requisitions recC- bred from SubGontiwtors and maternal suppliers and other data requested by tb.?. Owner to Yabsta.nlato' the - C:antractoes sight to is1i4. Ala rrorumerrt C 13 TM — 2008 (arrnerty S8017mCMa - -1992). Copytighi C 19T3, 18a0, 1592 and 2009 by Tale �hlefican Institute of Arafiltects. Alf rights rc�ui�rvefl. isf�t3tia: T€ils fats G�wst3Ycs�f fe xscta3�clse�a isy li,1,,1; crtyrl�ht a,,a;ar sr�r3 fa�t�e^AStiditr�f t'rIss. tar�utlFrsrl�r�t1 r�pr�rdcf�rrrs �r i§JeriiJanti�rs 011NO A90- order ard, or tp.y ,-raetirwr of it, sfzy rOtulf In s„ om,,e CYwia and, ro -alluo fJ°om.,it %and to tits 60a7tirsarttnVVv t � J aaitafs undff 1140 law...Purchasers are permitted for reprodtice On (10.) caf>ios. of this °d�ccunranl when cornptahgc . To report oppyrtght vinlations of AIA Contract I')ccurnents, o -maif The American Institute of Architects, IegaJ counsel, copyright@a1e,org, payment; or (4)awwertained how or for *hatptupose lhoCorltractor has used rhoneypreviously.paid- on- occogat of Contiwt.Sum, . .. .... . ... .. . . ....... .. .. ...................... .. 3.3.13 The Construction Manager shall review the -safety programs dovdop—ed by each of the Multiple Prinle 'Contwas solely and exch-tsively for purposes of cmdinating tho. safety pxograms with'tliW of the other and for snaking .recommendations io to Own. er for a ny Mis tip e Ft�rhiw- Contractors. The ion. M -'s ft coordination of sa-My.-P.'rogranis. shall not Construct atlagei . responsibilidu exterid: t6 direct control over or. charge of the acts or ornissions of the Contraq.tor, Multiple; 'lin. 0 x1i ;C ritrartors, the Con -Ae, t. S bia 't tors, gmts or employees of t AraotomorMuldrilePth CoataotqA t 3 r. 0 Vs, 6 4156011ta.to or ally other . L . Perfixtriing portions-of the Work and not dimply employedbythe Goi Vati pstf' Memager. J.14 The Construoti6fi Manager shall detormine in geaer4l that tfw.V.b­­ each Q ttriw tor Is heing perbrned (?wirer,. Contraotor and.ACt�itec dan e with. the of t1le ContraetDoulmentg and. gk% aof Ll vo reject and Wiork. The Construction -Mai 6 -4-1uh I -the a th*y to rej that does ilot ctaLtfortn to 1M. Cont nts and shall 11offy 110 ArA ct ibout the rejecA on. Tile fail-tire of the Comduoti oil x. IvFairer tovrd p6i'worj itutedwacceptaticeo he Wiork. T.1ioConstfuction Manager shall record any I not constitute M cation Of W1. Urk in INS. daily lo and. inoludo ftTf6rinatioft regardirig the. rejected. Wo k 311 its Proyess rep0MtP the -.Ar a to -ction3 2 Wei! nt . go 3, 0 1. Upan wri . authoximffocn, ftorn the Owner, the CDristructim 1Tangoiia!m I oatlm. or testing, of the Work. in aocokdam--ei with the N.A.Pagennay.-require 4� mki�.,a ts. for addiddim. Insp 3e.Contract,Doo - 1wift, whether. 6.r dot such. Work is fabricated,imtalle or completed, and the Go N 'gf*. timely n0tke to the Architect or,011en and where: fho tests and ltispoctjofts� im to be r std aglor 6 Umt the Ard'holted be. present for such. dedtimt. ­ .:. . .. .... ... . 4 T14. zdwr ajj _j$.l "'o ampti shall advise avd n6 ;t „W h id Qo Ug C4n 804 66 The co 114- trx tio u Ma.­ og .A a "L hay fth e QWnelonly .to V 1A ..81!e U- i A _0 10 Mina Y Tol ovi!r;tliarge of, 01 ;p 1;-;f;w exteffiPTO id" nent. The C listfu ger swit not T., Nlibr;zf�f th6 coilstnip iron. moans m.e -ties, sequences or . rot.:e or -ft 600ty pr�dffupmvs and :a are. solely tho.0 th 6ffi.0qd�ft.*tb_t4e.,W0rk of'*w f D11tfftJQ4W a-Asift g and W - &�&aiQj li, :cantractlor's 66U. The Constmetioll. Manager mall riot fie 'ta peam thb- W M, ants at the col&act .1 -f ".-i wa� Al domtrtictio .00 0� WAIT the require Mail— I b-d-, 16'-fir the Coll,&Ucti n Manaser'sneghgQM acts bt. am all.hot hove owitr-ol Aw" i).es 600 A P -'tiQt be responsible for, acts, of ointpsim of the 05atMA& or multiple Prfte Cogtractors, of "ind 441. ts:0r.e.113ployekes. Qr ally offier, -gohsor any �oth T.10nong or eatitim.-Pat0ming PoTtions. pet A-, Mookgor 6411.trangn*to the Araliftixt reque4es for. interpretations and fequesta• iTOrm06d dftho rxr an gaftdinto Pt of the Di4wirigi and Spooffidatiojix, with. its writton recornmendotion, a ad assist 6 f­ t' . Ktbat may uise.. j1Ltll0reW....J.bp:uF.qu ton -f32JTT1k:C01SU1u0 A ion Manager ahall-roview requdas f p r ohaqgo, assist innogodating Cotit e rV peopos-al K, Butinut'T'q W1. "gio ifdati OA s, to file Archi tert. and, Owier,;: and;. if th 6Y are aocepi. e d j pppparo C him ge, Qr4ors a nd (JU.- O w nge Directives that incorporate the Arcliiti oVS. modifications to :the Coiltrwt Documents. j all assist the Decision -Maker. in thd. review,.. ovaluation.Aild documontation of q1im s, *:oct to Sectioft 4J..L7, 4ing the Submittal schedules provided by Pi 011.t. -0tractai'. 1116-cotistrunb9ll Manager shall peep art d *Y i*wise as necessary, 4 Proj ect silbnai.ttal sclioduI p d I- ...... . . . . E W ner'ssep4ratec ontraptditwid vendom, goVernipbutal agencies, and ether participants in, the ProjiPA . . . flk - - . . . - MdUthe managolnent of the, Construction m4nagot".1-rh- P i�'sp Itte0b the e - roject s4inktal, schedule andany nevi Aah N Atc.hitoo.t.fouapprovaL The, Crinstrt, d6h.Aa4nager shall pxomprdy review -all Sbop Drawing& P-.toftbvData, Saiinpleg h fi.,otn the M tip. 6 Priple Contractors f mplffini� or the I A � 1 6 mbnu actol. for cot e whir th q 6htr ta I C. 6 h ka4,. i i M. 6 MW W s u -ch Mot tias e, _gn 'Alisidt to the AL t feediothe 91drapproval. The Con M '.actions �h -e tak ad foil ffbt, r�s ta all 1) tli _.ad th% PM. Archh-ra. Jikil� absence' aw'. woewi: i�je.ctse.bmittAlsoliedtiJ.e:41�p�oyed.bytt�e tjlo� ab of an. -approved Project s6tidn"it-41 kh6ble,- with.such roagoasb.1.6 promptness *" to cause no d6l Q:I:n ' 16 Work; or in the activities of Contractor,. other MultipIc'Pritne Contractors, the Owna, or the Architeot. 1973,19P1 and. 2000 key Tho.Arnerloan Jn4tuto DfArbh1tect& All ilghts of tNik A10060umfft orikay portion of will b's pro "Culed to. th 0 maximum md"t possible-under Vw tear, Purchasem are permlRad to-roprodwe lon (io) copie,&oi-this defa6ent When CoMpl6t8d. To report copyrigbi vtolatlaris-of AIA Cantrod Documents, e-mall The American InnUflula. U Arahttadt'le.gal caunsel, opyright@akorg, 3.120 The Comtructi on Manager shall keep ca daily log containing a rotord of weather, each Contrames Work on the site, naniberof workers, identification of equipment Woik ucoMplishtd, problems enooufitore4, and other sh-nilar roluvant data as tire: Ownermay require. 1 Comiraction Manager alitall record the progress of the Pfcjwt, On it mollibly basis, or otherwise its §3320i I The 4gived to :by the Ow:fterthe Construction.Manager shall aubtdt written. progress reports to the Ovnia argil Architect, ghowing pereentagos of complation, and other inforitation identified. below: Work completed for the period; Project scheduler atauts; 3 Sti bmittal schedule and status report, including a suft-imary of remahfi at€id outstanding Submittals; A Requeat for inforination, Change Order, and Constnwlian C4-,qrpbiiici;ive status. epotts, .6 Testa andiyiapection rep"; 6 Status report of noneWbreniq and rejected * Work .1 Daily logs; A,�plicatiow. for.Paynxetig y of all Multiple Prime Coam)ciors' Ommdative:total. 6ffho Cost of the:Worlc to dat6 inaW.dingtha Construdtion Mauagerls_:compemation said r6iftiburaaNe expenses at the job site, if any; A0. C Elo.w.. and rbrecast rtp6rtl d an Aq:offieritertils: fhee Owner may require: additio%J' Prqj�ftg..ewig wited on the basis qf-N Cost of the, Work, the Construction Muago-tst .J.4.3.20.2 Li. dr trt in its.-Pro ".repo It %it, s: 11, coritraL4Ges work force, repo Equipmea afflization repoit., ow gutian.kaITI. COMMA . . ..... 46tual costs to updated m&tesdinates.; and. A :.utheriterda 9s7ft, Owner may reqait*, ... ....... ... . §13.21 Utilizing.tlit it uraonts provided by the Coilitraotor� the Constructi -on Manager. shall maintain -at the site one dopy of all Cqntra& ,Drawings, Specifications, addenda,,C - hange Oxders -mid. other Modifications, in good order and. marked ctirreiitly to.x rd. all oIianges and selections made during construction, and ift addition, approved Shop DIawinA Product Dais, Samples and siitfilar required stibmituds. The CoDstructicin -at lineg, �elevafions ul the bmtom of footings, �Wor lavels and koy site i in dilpfi�aio, of- principal building layout F, 61OVat OnS -or probessional engineer. The. Cowtriaction Manager shall wake all, such records cix tedby aqtxolifiod:�urveyor ayaillibte to the-Ardlifickt; and the Contractor, And upon. com p letionof-die Project, shall.66livor thern to the Owner, 3.3,V The Construction Manager shall arrange -fbr the delivery, storagN..proteadon and suQurity- of Owner-purchasw materials, systernis and equipment that are, apai-O)f theProject -untilsuch itams are incorporated into the Work. 13123 Will) the Architect and the Owner's inaiixwnaiice�r�i!sanno], the ConstructionMainager shall o'baervothe. GontractoCs, or multiple Printe 0011tractors, rTIx;!:tpsting a'adstart -up of utilities, operational systeins-and t:�W4 and observe wiy commissioning as tbz Contr IJ�odumentsiriay xequire. 3.3. 24 When -the Gonstrtwtion M' is r- lrorisirigt oax.-h Coutnix,,tor's Work ora, designated poftidh t1iMO LE substantially.o.ornplete, d-le Oonkf6t!611 Matiagers-hal 1, jointly with the 0kritractor, sire ArGhitaota list of inns Onplete or atimfisfa0O.Y s and a, scliedule-fortheir rximpletion. The. Cons', ku Nlauaaer ihall assist the po n therenfis substantially -Ardlifteot-in &temino.Nwhethex the. Wmk. 'ardesagn�tO.'4im iiUo* winplete, 3.3,25 When tits; Work or designated portion thereof is substantially compfatr, the Construction Manager shall prepare, and the Construction Manager and Architect shall execute, a Certificate of Sittistantial. Completion: The Constriction Manager shall submit the executed, Certificate to the Owner and Corttraetor. Tlxe 1(��011'jtrUctionManager. AIADbdimentOI32il-20]jglormotiy Bawd "lcma-1992 C4pyrIgfA05 1973,1180,10112 and 206ttbyThe Amercan Institute of Architects. All rioits reeerved. WARNRG Thb AAA k 06womritis praiketa t 0yright LWX AM ftot•mflarof repmdW%dift ar distriNflan of 11fla AM" Decumordi oe pordenofix msy moult:ih avvara niviumd m4minat wwtiaa, anti war to ft msxim;;� 0-.tom paltsibiv meor the law. Pura hasprs aro permitted to reproduce ton (10S copies of this document when com piate& To report copyright viola# orts , of AfA Contract Dooniments, 9=ms9 The American Institute of Architects' legal COU11WA, copyright it ala,otg. s;ball ceordwat6 the correction and coiiililetion of the Work: Following issuance trf a.Cattitioate ofSabstantial -' --- ............ ....... gcgmptetion of the Work or a. designated portion . horept the Constriietion Man..xgrer shall evaluate thee m. m letion. of the Work of the ECont at. or Multiple Ptitne Co>ttlactdrs anti make recernmeild'ations'to the Arcli tect w heft Worm is reedy for fitial inspeotioh.* U %e Consttuction .Nl:anagei .shall assist the.Areh.iteot in cond:ucting i nal inspections, a Constmotio�i Manager A-all forward to the Owner, with a co to the ..Arohi`tect; the following uifarnzatiozi'. re0W v 'tom the Contractor or Multiple Prime C.ontrtictbrs: (I t erti tcafes. scf ilisitraiice rex eivttd lxdlzx'tli� '� onttaetor t f Tv[ultiple: Prime Contractors;. (2) consei t of surety or suretses, 'ff any, to reduction in ox,pariia� release of rataiixag,e or -' ,:. the kzug of fitinl payments (3) affidavits', receipts, releases and we+aivers of Her or;.tabnds ixdeixuixfying the Owiter a aja gtliens; and 4.. other dt3c tmentatzail tee iuted:of. the Contractor and rr tvoiitt'at t]7ticutzlenfa itiixludi>t _ worrantles and similstr submittals'. t"°`.'d: a, .4 ,, ., . ays:, man 194" io}'d drawings and maintenance stodktto the - _ -- 54412'7 The cbnstrudt &E: na marl del' q all ire :. G vier. Tbe6l6str otj4- Manager shall forward to the A:rolal_� n, iffiial I'i-aject.t�pp�oati.cin: lhr.lya�+niont aitd.Pinje ex A catwlCffnaifi .P ciafor PayirE.etit upori the Coxziraetor's cotl'iptiano with I e:.ret it& nents of the Contract :Doccuments, i;3�,2$.l)itties:ros "o biliti s- .arid'.li.rrEi °afirins'st"a.ntli" rit . f : ' ".a .r 1' tt ... t c cr y o the C ntii uotiori LvLaziager as set fiirtts in'tlie Contract ,.DrrttU=ntS _sh l iabf. kr rest tl, rnodif ed pr pxtenaed ztl tt't writtan::c:4nserit afthc� Owner, Cons ction iu�anag�er, . ntca o ` nft -1 iE l le 1?rim Corit7aetozs.. `€sriseut shall notbe-Unreasonabl witlilicid., .. ; aer;.:artd prior tv. the expiration - of orYp�y p�- -franc the':dxte cry Stibstantial. Completion. -- kl e; :.rids Za n gei staf ' ^; watltout addtt.ional cnnxpeusati t " i ta.imeefing with. tho Owner.. to mviewtli� _... § , A nst ,§r'_�er QOSFlm:F;ted bc�loVV are iva&Ji7�,W In 3,sslo Service9 blWrnay be reciWreit. f.bT4 io_p.r - - imager s all li iele the.,;tigted A l iitional. Servicei only if spec:ificalty t[es:i.gnii -ted iiI; t e lal7xle'1ielrrw as pti&t iicfauxt �Vl r' i :__ nsrl .t.ttud the Owzier shall x�ni e*.wa.le, the Constructi011,, ....;„ t as i vided in. att�e s . 4; .. SY ttSte:t%e: lF i xli r±Tt s the f"taPtS�E eellon Manage? 5� aU pro -tilde: in the seAWtv'fuma of the Vbl� U16m. Iit. $hL� t {Eli46ltlY/ikf dk7CirIQC6tZ''7ti!IIP.EheP IFEG S7'�l I +ECB tesZP7ptIC1>7 IYUL'C2L+tLYt S- N_:#QP: P. 0ii'lli an CZp4 "fEf3GIEtlif3T AYt: hrfq EclutiLajy &L Ser�riefas iiesponsibillty location of Sol vleo Description iptic�tt % * * -APPLICBL, ' kn 4 below or n ion .1 N ' re �t 0hlmer or- . exhibitzttlachedlo sus document _,....,.:- ,.otf'isavlzll and icei 1erlrielo>u _- :..1 °.. rlrawigs : fclrxtvctural.lrztoritidesigrE ;•.; ':...:. :: -:_ - :52TM= 213.:. , : •.. T rut t -relal se ices, !fit I:x4;: Comtx3issiiiE i.n 21 ITS -2001 • ... ..... :.._..: }, .� Fttrfntura tttirrishin s and.e.;xti r7aerit r 2 -design Y132531U =2007] 1:7 Other. NO ADDITIONAL, SE LESS APPROVED BY COUNCIL:: .:.:...... ... . _....::.,. _- -,::A_ .� 73rrst tltssc>a tion of eaclt }oha'1 Service: deliaied zt. SeCticitr 4.i, i.fnot fltrthar$d3',e in an exh thit ---._..___..:.:�.. .. _ - - - r _ ' .�,. .. . 1;115 dtSCUtYteri ` e... ... ..: fr ....:...: ............ . . . ... . .....:.....::•;........_:.:.� ::.�._. !. a .,,a� 34 :cw kEA Docdrirrirrt:.G13Z?+^ =2Uti9 ormorly B8Q1'7E1CMa —199 '), copyrigh.t 0 1973,1930,1992 and 2009 by Thr. Amedtion Institdte Of Ardiifscts, All rights [nit. reserved: WARNING Tiits AIA. t' purr m.t Err pmuatod by. U4, C*psyr1014t Tmffles. f3rsr rreltsrtlx nWtodvatlm or'distilbuf on rf ttrie Ale Room a, or any portlon of R,'mmy rosuh irP aavere of ril and odminaE �»a8ttesx arrrf �7t tra {ii tattarcl.:a tie +i?axinnurt �x€�rrf 1 I pvxIRslkdo Undor the law. Porchasers are permitter! to reproduce terl' {18i aopios of this document when completed. To. repori copyright viniations 01AIA Contract Documonts', e' -m:ail TIw American Iri'stifute of Aic1lReCts' lepal.counset, copyrlyhl @ala:org. § 4.3 Additional Services may be provided. alter execution of this.Agretment;, without invalidating thi's Agreement. Except for services required due to the fault of the Construction Maiiager, any Addl tional Services provided in accordatice with this Scoon 4.3 4hall. entitle .the Constmation .M!%teger to cotitpensation pursuant to Section 11. 3. 4:3,1 Upon § I recognizing the rieeii: to perfortn the fnllztwing Additional. Services, the C ottstmction .Manager shall. notify the Owner with reasonable promptness and explain.'th.e facts and ci;rotUnptances giving rise to. a need. The Colatl action Manager shall not proceed to provide then following: services 1.tatil the Construction.. niagec receives the Owrter's, written authorization: .1 - Services r'iecessitated lay, a .change in the Ink ial .Information, previous : ti.atrut tides. or approvals given by :... the Owner,.or a lnaterlid change In the Project including,. but not 4tb size, qu.ality, corlip"letcity,. -- the: Owner's w'liedtile or budget for Cost of the Work-j, or, -tatEn . efit or delivery inediod, or bird packages Tin. addition to.Owte Hated in Section 1.1.6• = .2 Services .iiecessita>ted'by the oilaotment or reviai of cticl�s,'iaws or regolati:ons or official - intel�t�tlons aiier the data aC #illsgt!eelrlettt; J Pteparah of documentation l"or alternate i�iit o Deal re nests proposed by :llle Owner p a p p .4 krepaiifi it for., and atte.admice at, a: public present :ttion, meeting or hearing; 4 ' ,- .l'tepa a#bYi for; ail- attendance at a dispute resolution. proceeding or legal proceeding, excppt.wb:esc tht touB liGLion Manager is paity.'th'weto; .� i'tt•o eli<uig consultation. concerning repla .cernent.ofWorle.resultirtl; from. fire or oiltt r cause :diuiag :. constrctct: ion :;atnd.fiurnishitig.services required in con. ne.cflonw.ith the replacement of'such Work; J.. A iotaiice tci.tho Initial Decision Maker , i -other than the kol-litect;;. nr li Swim ai* t'h� 1hitial .Decision. Maker. §...4F32'fia a-vaiil: delay in: the CoWrucilon Phase, the C.onstrucfi ari;:f�an.ager shall lrrovide the .ic�llow utg <4iiiliiiot3e1 eiry ces ;:uvtfiy the' 0Wm6r w . tli reasonable pxotnptness; .ale i oxplain the £acts and circut>xstatt:ces giving Pik to ille - neeE1..If tote bwiaret sub*uontly determines that all pr print Of chase tiervlces are not required, flier Owner 4ha11 ve' Prompt w,i•itten notice to. t1. Q6itstnlCfiorl - mat-dgex;; altd the Owner sfialf haw., no fbrthcr 411gathm to i�oto#*dfe`the bnstructi!r�n A!Iattagr forose sat vitas:'.._ - .1 Sere' sloes :m.evailwatllxitisx_terlsive number of iwlttilxts submitted lip a Gorltaac tor.tri- cslers iu • connaction-with :ihe ?ark vs�hezt. rice t 1 fai.tees.is.sey vang as the Initial Aegi t ra.1 1 1. 2 .. To the 6mont1he Construction ]';rltana�get�s Basic Services rite aifeste�,::�:��s�i'tlin:$ Constntction Phase 9&vic4 60, days after (1) the dats ofS:tibmatial Completion of the.:' ails or 2 tht, anticipated date of t� = P Sttbstarltial Colnlaleiiotn; idetrtil:I.ed. in T iitial Intbrraaat`im:n, wlt.'ch verU earlier: Services requir.'ed in. an izierbency to coordinate the activities �f a° Contractor or Multiple. i'rilrle Corntacton in the event of risk, of personal ft* 17. or serious property damage, consistut with Section - ......... 3.3.13, . . 4.3:3 if' -the sot #ibex criver by this AgreetnetYt liaveitot Won campl:cted. w.i:th n fourteen - ( 14 ) rtmxtths of the itatia� of this Agre ent, thlou:Ilt trr� titttlt.:of the Cons'truclign Manager, extetrsl.ori'of the Constm- tion Manat ew's services beyond that time shall be compensated as irtddit ional. Services. ARTICLE :$ OWNER`& kESPONSIBILITIES §..5.1'Unless otherwise provided for under ill s.Agreemcrrt,:the Owner shall provide informati1pri in a timely manna regardi.tzg reg0tements fi5r and limitations on the project, including the Owner's pt9g r.arn, other objectives, schedule, constraints and triter +at, special ecluiptuent, systems, wi i site. requixelnents. 'Wi.thin .1.6 days a:Eter..reeeipt: of a written retluest.froni the C'onsftwtion Manager, the Owner shall:fgrpish the, requested :itlft3miation as necessary and relevant 'or the. Construction Manager to evaluate, give notice fff,: t 060rce any lien- rights, if an'y: 5. 2 The Owner shall establish and periodicell.); update. the ()tvlari a. budget fist: file Noject, ineluding,.Q for the Cost the iV c as defined in cticsri 6 1; ;(ZJ the Owner's other costs, ancf (3) .reasoltalalt; col tirag$aeies related to. all�of these costs. If the Qwi*wsigni.Ccantly increases or. decreases the Owner's bt}dgot'lttirthp Cost of the Work, the, Owner shall notify.1jr, a tructionl Manager: and Axc°hitect, Ttte:Owner and,the;r�r�lxitect, ltl consultation wtth:.fhie Constt union Maf ipt shall thcreaf— r agree t© a mirespot1ding: change i kli : aici 16t for the CosW the "Worktsc In•t1te::I'rojeet�tti��a�pe and l:)uality, .- § 5.3 The Dwttet acknowledges that accelerated, phased o:r.fast -freak sclYetExFing.pravid'es a benefit, brit also carries with it the. risk of additional cost%..It tho Owner selacts accelorated, phased dr .fast - -track sob eduling, the Owner agrees to include in the budget for the Project sufficient contingencies to cover stash costs, tnEt AtA Document C132TM - 20(J9 (Yarmerly 880t?"'GMs - M2), Copyright 01.97S. t9$% 1992 arkd 20091st Thb AImftati Institute of Art Reds. All riph% reserved. WAR s.- `Ms AlAe 0**v� It p cted by U.S. Coplrrigi* L;I. v acid. itilott�rt kits 1 °3`tt�tf . iltrrtatthmind mp odut, at filmi fttffi an . l of #04 PAN 0003 ant, er stt'iy pots@ " it iney xesulto:In t ware eiv,5 arrit.r�irYZlml panilhe% and w.8t tea �ati�d8 W tha maxim lm e � / passiWe uvider the ter. Purchasers are permitted to reproduce. ten (10) caples of this.doeurrx-viI when oompleted. To report. copyright.violatlans of MA Contract Documents, e- irlail The Amerlmn institute of.Amhltdole legal counsel, copyright§aiaorg. S-5.4 The Owner. ahall;wain.anArel iecttoprovide.gotVices, dutiesand:xespons.ibilit:ies asdesct:bed:hAIA :.. . Doc u rtant Bi3 - 111' .;:.5ttanrlartlForxu of:, gree�ient I %ueatx Clvt�nar anc[ Ars i� tear .gztswu ati n Managax W Adviser 9dition. 'i 6Owmw=sl a`I rovide the Cvnstructton _._._..._...__ _ , .. p ansgec'a:cop1= offhe;tsa��tStiified ag�.eiriedt�ie�vveata ilia:---- - Owner 'ead Architect; and any fiuther.ino iii~ieations tci:tl e:'agrueirleii #. Owner shall identify a:reptesentative autholrized to actan. t(xe Owri(v, 'belialf`wi.tll resliect,:ta tlae Prgj�t The wxt`er ixg to documents ,t l Con sin c t ion Manapr submits in a m I�ilnanner in order :sh li render deolsiitins pertain fv avoid uareasvnable delay in the orderly: and setltiential progiwa of the, Cionstruc i.on, M t".1W 'services t¢ 6.4 provided by the'CinstrucW. n Man4gcr, the Owner shall iuYi:is s3rveys to [ s r bephysical. : ehalricte tWes, legal ilm114tions and utility locations f0 tho i ite:of *the Proje �'h�tti a: writtetl:l:eg. description. of the 1'e. The gurve+a and l atgittforrrtatit3nn shall:inoluiie3..as applic�tlrle,.grafl�4.1an I Mies of stxeete, alloys,.; pavements and :il aro, : xt .:an<lttl?ars; dgnf tteclyetlaaais..a�llacentdiiff;: rights- gtww: ay,:�resit7etiuns;.:easeanents, ti..: ex croacluisa , ouinf "al restractYOns; boundaries and e,oittL�ltrs�o the sktz; .lo,.cations; r.1 nonsians adci'.aaecessary tEitCa,wtth'r ©sp t_zca trxiating buildings, ether 1inpro:vements and trees; and Inforlrlat.ion• concerning available utility s ts%%t s ata#cl ling, b6&- .`'6lic.ai3d .private, abovo a d F.reltiw:Vdde, iticlodi triverts a:nd de, 1'l All the i;tfortxlstian •, P t on llaE surva3zslirill :bpi a it d to a Project: be.ti:chrnark. v.0 -UM :a*vicitd'l tlaistqz sbuctior Manager, the Qwm.er shrill . iurtlisti.: aYVice gf''geowftizaZ ngiit rs,.wltich = = Tiat iuclut blot I not l;Erxt%tetl b test bni ugs, test pits,, deterliithiations=of soil bearing. values; perCirla #ion tests; evaluati4izl .:af l� 7 (lcr[�s -kc4i .k seismic eyalotioit, �kS umi. CUrTQMbii t&ts card reMaivity tests, it]CIudTTtg n�cs�SSary eistloils foraafii'- a in >#ISsail conditions with rurititrrt.. brts. riate:recoitni�ie daCians. a ?513 The �1- 6de.'shi ll c�r�rdtnate lh0 se vic"s of:its r, r c insultaai vvit i w$* services provided by tlta, Cvtis u ti ri. N1' eager p#in ilte Con lrlictitin li!lsllger's request, i(1ie �WW shall fiarliislt caries vftlie scope of s1' rvic�s ;in the;, ' tinttacts t hween the O i cr, arc the :o cansulianti" 111E QW.naf OW .furnish the 9 ervi w of cot' Mitianw- a8r `- 1'E 1l tlat54e dcsrgnatecl in t3iis la.gree llettt, ur aatliot d ilti !"r�tistriictiutl.Nla eabto F=ish: thern.osen A:d'OW 114 F :.' f , ;ivve,vled'e Chatzstititl�in 1Calaetrtg4 8 t6 Sur h services actti: duriaoit5ti -afes that tllep..are iast5i sbl'y °6tiuired by Tlie sctJpe v 'tlie_:::. he l* fl.:st clulie.tliai;.its oans?altsnts tntlintais� rofessi0n. [fal W. i�;��ce and o `ice` Yalir_:i rrtsilTaticea. e`totJ�i;sei;victs`- :::{: y =. pprrl pri3vtded. � ..'.._.. :_.. ... .. � .. t � :. w.'•f ..rte ' a 9 T1ie (7vtmer; rliall f r sir tests; i*ectionn and repoltt isgrlired by:iaw or tlz 4 tractDocumertts, Suoh as 4. - sfiactairal;rlioehanical, aritl chetnieai tests, tests . for air. art uvati ri prllutioi�,:ic,sts ior' hazardous axateritlls. Cdriarssll�`h'aEl:legal, �lasueance ui :ancl_ancouafiting services, clleluxg aud[tin'g Setvir, that maybe reaso , Ma eu tirue forthePro ct to meetthe Owner a tlfds_and interests, ip rovt e {� t Pt writtira: notica t,O the. C onstruction.- 74eIMY, &r::an.cl E1 rcla sect if the Owner 1je'i;oxn aware bf.OW fault oi. defdrt i-a Project; intiluditig ei"rgrs,: ai<tte�ioii>q'.cr itt�inslste><2cies in t�� . liite�t "s df .eMue or aily.faqlt or defect' in t.]ie::Coristicictl m:Ev%arraW's.. rvi.ceit. Wirerti s ives'the right to iierfproi construction, at�ci.;ope3atitin�.tcb]eted to the Ptoloet. u i#h the miner's arc =n farces,- and ia. Award contmots. in conno4tifan with the project�+hieh'are vot part of the Construction Managsr's ? ° ... respoi sii�tli#:�s'.ilttde -tl>is A gre6tiletit. The Conorlic tion Maiiagar shall notify file Other if fiuy such-Independent action will inferferd wish, #fae' Co7rstx an Pa nerfnrrit the Coits'truc#isJn Mznagc r °s responsibilities _...... uttder this A ieetmnt. wj en: er .., . g' p UY1751ffg CQ1YStrt3GCt0n:4 :13 P1 1'1 15S FCI ted 1'b the Pr6j6C:t, tire :C [er des °fa:bc� .:...-- -..... :,,, • :;:,;s1i. Jeafi to the same _o . tgattons rind, to have tht3: satue;ri�lt::: ,; the Cuntrac #ors,.. . M. ,:.:..... §51-3 -acept as otheir 'dad in tla is.A,gr"eenl. nfx or when dirzct aoiaunui�iei3iJ.oi�s have been s je.' . ........., 1 .:,:, authari2ed;.tlie l7witler sirall::ertdaavoT to c5i7 Ti112'[icate with the. r illtraof&tud. the Consfnictib-h. 11!l i fe "aons�alFatrts :...- :.:..::..:... >.... throtrgb :the Cpv#fuctiQri.'hl ttia %t 1'F El ter S: izrisiiz$. out i�t oi"x latirig tg:rite_ ai�et t.T o Sri } t ''Ih . Qvsmer .. e IvIaiia�erof airji iiilct suililzunzcataanstliat ixaa arsttlzlw CAnsttuetitiXt y A M �L- ' 1'Y 1P. .i. ' • : § 1+ I of 3r ,. ecufaug tare c ontract for Gpzisicttci%Ya,'the owuot' shah ct%t'�h�l�itpte'111e �`otrstruetiott_11 a .iiger s chiiie5 M. y . and racpcinstbil.lfle's' set forth In the Vontract for :C".nbsl:rLictl(iR with tire, cc,6+�1.�tCC1Q.tL Ma'Ll'aget'$ servi.ec�s set. fowi iu this Agreement.: The Owner shall provide'the Construction Mana:ger a coley bf the executed agreement's bet�waen. die Owner' and Can.taraotars,, including the General Conditions of thv contraots for C61U.- ldtion, AIA Docuftnt 01321" - -21)09 . forrmrly..6$01 TMGMA — 11992}; Qopyright.9) 1973, 1'980,1992 afsd 2009 by Ths Arneripari Insiituto of Archtws. Al rights tint:. reserved WARN1idi'ae Tills A#Al t",tecumant Is'prctedio i tsictl:,a. Capinight L:aw is o Irs emadoft1f)1- matters, linalulCtppi 1't xrr1'+raeArra#tt7ri ciiktr€iltttirirt 4 of 111'111'# AiA� Ao um t; tsr ar�y pssMgfrof it, raq rss'utt Ift Siav*1v civil Bert crirrrinal taerraitttitit,'ersd wits bo p atutad ter tho- Maitlttwm eatirit j ssStitte.urrtt c.lh9'I w. purchasers.are.perttritte.d to. reproduce terl(1 0) topj95of this . 4= 10entwhen' complefed.To' report copytigtttvli dons ofAIP,. Conttaet:L�ocurnepts; �eriaN'The Arrreri6�dn trasU'tute otArchi[ed #s' �('�j &I CblillG8l, �pyri41ht�ata.ntf}, § 6,15 The Owner shall provide the Construction Manager access to the Prqject site prior w oominencement of the Work and shall obligate the Contractor to pro vid.c; the Constiucti on Manager access to the Work wherever it is in preparation or progy;res& ARTICLE 6 COST OF THE WORK §41 Forlinrpo.ses.of this . Agivement, the. Cost of the WorXshall be the -total cost to the Owner to cQflstrilot all elements ref the Project designed or spocifted by the. Architect and. shall include Lido . Opi . hW conditions costs, overhead and profit...nie Cost of the Work -in(Audes the oompensgfion of the CDtistnitnio.r.1,10.ariager and ConsfiQction Manager's Consultants during the Constructio 1 11 hipludin P00, ensition for reiniblurgRble 11 Pf me ok. y, 9 P expenses at the j Qb site, if any, The Cost of the Work does not include the comp QAsa66,f. f the Architect, :tile costs of the land, rigbts�of-wzy, financing, contingencies for chailps inthe Work of o.diFticosts thato.Ye the respimsibility. of Elie Owner,. -ba4got4hr the Cost of the Work is.pnvidet' 'nit -nati _rl SI2 The Owner's lal.ldbn o and w4y be adjusted. throiooi4t the Project w:required under Sections 5.2 and 6A. Evatuatio $.of tlxe owner'9 budget, prelimin ry esfiltiatesfud-tbo Cwt of the Work and detailed estimates ofthe Cost Of the Work.p.rephred by khe Construbtion.-Minager mpreserit the Canstructf on. M-Attage. 'a jud& tY r �plentasapersonorenfi faw'jllarwitb -the cbmtruction hidustryltisrecognized, ft r -hi4 lab how.over;:66t. , itbe-t the Ciwnorbu obntrol over.the ce8t df . okmateriala or 06-atractors:roothods of deterixiining bid prices, or over competitive bidding, Market or ilegotfafirrg i tthat bids ot negotiated wnd*0'S!.A0W.rdi#gty, Mo. Construction. Manager cannot end tides not. warran, of rep -not-vay from th&b-L get proposed, ekdbflihed or ap t id pror�ed by. �flie Ownl.,�r or from. any -post ostfins e 01 evaluadori prep=d:by. the Comtmetion'MOnagm the Architect is providing detailed cost e9timating.s4r-Act*0 an Additional Service, and a discrepancy exists r's cost estimates and_.tlSe Att hiteet's cost: estimates the Architect end the Construction Ma n ager shall; Wo rk. cooperatively 0: cayfUht, the cost e sft a tes t one ia 11 a ti) 6r. 11A If .:pT! 4) ,'ost f -ot tq the cottelmioni oflbB Dogi. Phase the Congtniction Manager's es.0414ftof the 0 the Woxl�=beeds the Owfierlfi, Wdgqtf.dr.iLe Cost of the N17ofk !"Con -n M structiorn Manager, 1h ephs'dUafto with the Architect siiallmake appropriate re .'omffiendations to the Owner to adjust the. and or budg0t, the_.Own.bt shall toopewo with the Construction MOnager-and Arcl*ect i A roaking ti*ih 0:.1f the estimate of tM Cost of the Work at the conclusion oftbe DesignD .tY . -hueexcewatli OW1W9 WPfbir the Work, the Owner slAill .1 in tho bLidgot foj7 the _Cok of the Wotit, �give w6%.u'approval of aii.increase .2 in colsul%tion. with. the Construction Manager alld Arollittet-j. ravlw the Projedt.ptogram, soope, or qpaTlty as-required to tedute the Cost of the Work; ai. .3 implement any - other mat ally acce plable-iftemgHve. ARTICLE 7 COPYRIGHTS AND LICENSES Tbp Cohs .ti Man '.011stroction M.4nager'g 6.0natiltants, if ai�y, shall not-own Of Clft'Mi 'a. 0 * light in Ager antlthe Q py tho Inat m. t no i: 10 of &M o e. Tb 6 Co- ns Itr u ot ion Man ager, (he C o. ii s thit t i on. M an ag a r I s c o r. i A tilt a rits, if =.. y, an d th 6 0 wn or warrallt that in IMIMittiftV ln&irunients.of Service; or any.oTher infdribati3OA.Aht ttans.mittir ig part y ie the to right owner of such W° nation or has permission ftoin the copyright omriiek to tram6t -aia0i, information. for its use on the Project, If the Owner acid Construction Manaoei- iWand to trantatit. instrm'nents: (YfService oe any other iffbimation or documentation .in d'igit'al. `fora], th.W,abdil tndeavor to uftblish necessary protocols gpveraing such trarisniissions.. -ARTIOLEB CLAIMS AND DISPUTES § 81 Got" 8. I'.1 Tl-&-Owner anti Construction MAn, all comMence all claims and caufts of action, *4 tber M contract, f _11010C Weme 114 (Y. tort, or oth.erwise, against the oth@n4hisia—M. out of or Y.elated to this Agieonient in acciordaftepwilh 1. 1U the thethbd of blilding dispu1ja_tdg&Uti6n selectediii this Agreenvat wilbin the pe� by applicable law, but in city ly case not more than_ -10'. date, of of the Ow and Construction M0.-naaerwaiyt alt cla'irh' 1fid causes df.Otiba not commemed 6.11, To the extent. damages, am covered by propeity i n8uranco, the Owiii�r and Coh9tructlofi Manager waive all fights against each otbet and against the contractors., consultan.18"agents, and- eni0loy.ocs of the other' for damages, except such rights as they may have to the p(Qceeds of such insurance as set forth in AJA Document A232-209, General Conditions of the Contract for canmuctian.'Me Owner of the Cb.tistrubtion. Manager, as appropriate; shall AIA Document C1 32wt — 2000. iformadY %S01 1140M.-a — '1962-1. Oopyrl$ht 0 1973,1060,1.092 and 2009 by The American insm.lute of kch!tects. All rlow- -Tr r"altin siwamalifil and ormloAll pwaffisoq and WOW PFO"Cutogi to tho maximum extent e Th", =r "'It' y U 0 t ��naw I. pw-h-sors we pe%iftd t. reproduce ton (10). copes of this document when Completed, To report copoght ulohdions.orAIA Coattact Documents, e-mail The AmWoan Insittute of Archit6dt3'logell wunsel, mpyrightovataomi: require of the contractors, consultants, agents and arbployoes-of.wy. ofthean. sirnilar waivers in favor oft1w olhcr parfi-es enumerated herein. § U.3 The C-ow, truction Manager shall i.ndenioffy and hold the Owner and the bwtzer's Officers irld..emplo:yees la4fW=, from and tt ,.., : , ; , •; ..�, gams:.: damages, Ifasses anti jutlgrnents arising. Frorxi elai'nts .by third .parties,. inotuding .t-easoxlable> .__.: "; t `;; ti; ; : ito> Gassy lies acid axpenses Eaveiable uncles applioable3 law :but only to tbe.extent they are caused y-:the;neg getnt a _ agts bl eaanzssitans of :itie C:v>x&trWC,tlon A auage>, its ezl�plvyeos and- its consultants in tho pet�fo pax s&`t'sf prpfessirrn l seavtcus under: this t greernent. The Construe #ion' Manager's duty to indemnify the owner ►7rden.tl s.provi'don 4hall b� I lxxiit�d te�'tlte available picic¢eds ltf irlsua'axlee coverage... i,. , ... �'' . t a ,rata; #rtlCti ,l a ► r a,«�i: w� r E� � ,ti i d�>t>�a f� °r Cjhf is, drsputies or ether xr tiers i�� -_ =- _ .: e: clttt�irtcan :wising out ry%•of tlotlrtg- to.thls A geeexnenI This muttud.wWO T7 s etp�i c�il?le; w thtaut limitation, to 4ll coxisequontia:ages?;_xa either. party's ta"�Cmii�.a #i.on: of this F iiiirixf, except'as sptoilly prtzr�l:detl in. 2 Qilefilt ' " .::yai.::': ' .$l?r.i t .:::ulaitfl otlier matter in questlon. arising out.of:or related. to this..A1. reeunent shalt be sub act to r: ` Y la g J rt e,iiattora as rAnchtiatt iiLe�cdoiit to b.ir►aing desptrte.resoluC €nut. Zf such naatCex rela #es to or is tlxe: subject.o3ea lien. `'` I r ` artsiizg otitis ta i , dtc Ctnstrucot S aat e rnar pange's'ee f t e with a =g ?:'fl b0loI" to-`.: :.:'" l ;.tvllifi't_fie.:lipn ni>CiGC�or Filirr deadliztes ioa tea.iesoluti.onof lre t ... _ :' a ix1lS y pr # rraa ter by taedrat>+�n:or lay. . `l' linttg�sptxta±alit.isr,.._ ... = - he .Oir gl1p itct #bn lvfartager shall eruicarrnr act: iule:lhuns, disputes. axltl other matters :in. txestion r -, .. : ,. ntiivolfa. a,%itss�i vi+hick,ittiless the:p'ar.%es tout ality4agl a Dtltt't4ViSty, $lt,atl.be ailtazlxiaatereclbpthe At]YCrTican. Arrbjti attoYl > ci is .in g-Ab danom with its Construet>ori;;tittltistry Mediation Procedt res ilt effect oaa �ie�late of�he :Y r i A�gte+ lnenit; l r u ot for inEdration shall be made:In }j(ffig,•delivered #o tho of ?lei' party tQ.tae Agieemeut, artd.'iil"t l #h the persc or:enttiy adzriin�'stering the inaii . Qni ,'Elie t'equest niay be, iriarls c onu�iixe»tly with the .tit ' .. .. ,�. lit- Y oth+r P ?if . .4.. , x lar0 fl- edeYriatac , if iii3 i ig diV'ute resoiutitiou. W, in ;sued avert.., mediation seal l,: a d iii "z'° - - 3yae;d ldlg t :: t ti'sltal':bdin .which shall be stayed pending to iatioa'1 " f: f is = y - ' - ri z. gs} AN trays :.:. fro%a;tli'.e:daY -o ii uxale :sl ig i3r a,larl'lger period. byagmemett.nt'thp.panties br coisi 'cf z..l'f an aibi'trntrlax ' .rural'e ©cin;g rs.sisyed litirsitatfa>i tfiis section,' the parties may: rioiletli €less:luo.�eed t :the; { ie t on tifthe arbitrataifsj } : r and agfe'eiiponsccHitls.ftir latex Proceed irlg, :�.. 8,2 3"[hepl3rtac� , irkll #�lete-the mediator'81e.e and any riling fees rNga141,y: The fntrdiet'an.shall,.be t dd-ifi tho: -*Ca. ' W zexe Clue. P ti is lQeateci .We" another Joea=ticin is r�aW 4A, l.y:atgreerl.up�a�z. l�greenteiits baolied :in tttediati4#t si�slX - .:.. h: ~b fo attie s lei i it agreerlteitts in dby-e4uttt it'aviit .,'W isd:iutiazi t tr oof. v . �.:$ 2 �� paii7 Cli) tlpt ri�plVe a'Llisp�t.e 'f1i.COrtT�il ittEdl�ticrit ]3iti3Uarlt'tSl.. #ltis Seetit�.il 5.2; tEte.itae #llode5f ijiYt3dtang s...., clisplifie resultit7tol shall be th'e fal'tawix -: - t , (Cheelz h'ao a so rtafe lxox. 1?F A the Owner and Ckmsti uafion Mai7ager do not sele�i:� iflethz�d crf bJnding pis >....:.r 3PS01121�IUpfi�iL'>rClw+ CiF i }Yll�f;S7G�1'3eque'nity agrae7Yl t1%rSXinbT �(3 C I31Yt h GJ1S�Jt�ffi rQSUIr1�!IU72'17de 'OEi�Oa%7LF" iR?1:17�I,+R t0r1, ..... h ; i t� �vil1 be:resiaherd in a court. ref Competent jurisraTictipm) _=Ah 1 tration. m-suant Co. a i n 8.3 6f leis. r WitJent -;: - w • _ 0 LifigAtiaiin a. went of. cbra' eteln jurisdi -Weri- ...................:. . : .. d �_ : ici o then, �. . ..........._._d..:........:r .. ... .............:: yr rr•+ .. ..........•.J" ..00. ..... e. ....... .r.....:.... _ -23, d4rlpltration Al. ��•:1,» :.. § 8 31 Jf thel;;a,t•ttex lil}}Ma.soteot>'zi arbitiatlon.tts- the-mediod for binding di.spu�e'.riYgclvaiati ilex this Agraemwt. Any '+dlailaa di$ u #e o�othgelhaftesr in question arishig out off for ielated to this. ' `t et�txt�rit suli ea,to, but slot reseolved hy.,. iniedi tiori slutl`lie stibject,Tq arbitrationwhich,'Wiles', the parties iirtgually'ta s otherwise, shall be adhiinisteredby the Al erican..Ariiitratlnn A ssaciiuiloit iu av islauce with it,. (.onstrtt t;.t n .Xad ritzy Art itratioai .l ail 's.Yta efFe�t ate iha- date of the Algreetuent, A demand fr9r arbfitr'ation shall be.made iat.wiiting,::clelivored to tkle othe...pa yto.tlxi's Agi*e merit,: anal filed.withthz pergola :or cnt'ity xdmitiister ng tlje afbitratioti. - lnit: AIA ftaumosrtCJ$2 -- 2009 (forrrlerly 0001TM:CNta «18:82j'. Copyright:er 1973; 1 K., 1992 and 2tt09 by The'Americein irfstituteofArdhlt6%ts All.rights mAerved: iltfA l�ttdGi: � �elA 't7CtCtleriairit is i3fifE�Gt`6Ei i3 `tl.l9.: cry(fl life l.:�tN lrtlf£ ir# GiP'rrr 4ibfHaFt'Pi.°iB�.Itl , i.frtOUiEtrai ae €1s t tluctwn or �ti3'1 a#siati r i t # Riia A Docu t on1, or any''piartl*a of ii, way r"Ws to toveea.e� N atnd 4uhninal ponkWoo, d will he pmrio at ta,01a maxirt.am toaent J Fugs "its utwor the low. P(nohase'rs are perMitted o. reproduce tali (10)-coples of thib. dommont when oompietcd: Tn report Copyright'vidistions of AIA. Gorilmat Documents', a -mall The American instltu bf Arcliitedle 10&1 66wiwa copyr@ht- @airf rirgr § 8.3:1:'1 A dematid for arbitration shall be made no earlier ihan concurr-eatty with tlic ft fiv of a request for` mediation, but in no event shall it be made after the date when the institution of legal. or e quitirble' prowevdingo based ou the claim, dispute or other inatter in ttueatitin would be brrire d by the.applictible statute: of.lirtritations.. For statute oflitaitations purposes; .receipt of a written, demand for arbitration by the person.,ir entity administering the arbitration shall constitute dm- institution 'of legal or equitable proceedings. based on the elairn, dispute or other ratter. in question. 8,12 The foregoing agre3ement'to arlitraw and other agreements to arbitrate with an adrlitiAt.. erson or ontity .duly consenkd to by parties to this. Agreement shall be specifically enforceable in accor..itstt&.witli applicable law in any - court .havingittriadicti:obther -eof. 8:x,3 The awwd rend b the arbitrators shall final, Land tu} _ y ' : j giitrtiay be eritereii: upon it In ave;vrdaiice with :appdacable law in any Court .havir.giurisdiotion.theajeaf 8 A Consolidation a' jhlrtder 13:3.4, I l:ztl?e party; st its. stile discrefic7n, rnay:c otiSa]idtttt; arl a�bitrat €on oabd:uc ted tmder'tltis Abreati tint with any other arbitradofi. to Whiph it is sparty provided that (l) The arbitration agreenielit.governing:the;other arbitration perrrl.its cu%isoli�l&tionb ( the..axbitrations to be'con'solklated atttistanti.Wy involve common questions of 14w or fact, acrd (3) tlie:Aibitrations employ materially similar .proaedur•al rules and methods for seltfclitig arbitrator (s), y. y1 p. $. erpax.Cy; at iis`sisleiliscrc.titan ms31:. trlclurle; b Cinder ersons or. entities suU9tantially.involved ill a ; . commciti question . of LaW or &t whose presence is required if complete; J: of is.to be accorded in arbitration,- provided tl art;tlte aaat sou lil o :15e carried i;ortst its in writhig to such joind6r,FbOrilselitto arbitration involving an additional prPrsUn L"I Vatt:ty shalt: nOt.Wnsfztate consent to arbitration of.:�iiu� t'lailni digpute or other matter in question not. :& -s-ar bed'in the wrifti1 C.onsertti.. , „. The csttae alai :Gdrtstxuetioxr Managel• `r taut to airy person of endifi ;'mole a. party to ar .arbitration - "'n66ted -MI Or.- 10:. ection.'sA Wlieth -eir by: jaiuder =. > d�on.solidatioir, the same xlgl is ti£ jainiler flrrii cpnso3idat aiizeahe Owner- rdsction .MaragAr,rtnilerthiaAeenlerrt, . ; ARTJcL9 Ai 1ERMI1t1ATION OR WSPENMON 1:901 Y the Gwrier fails to tauake payments to the Construction Mm tiger in woo:rcl¢iiv :vuitla this Agreienrottt, such ffidure shall be cansidered :substantial_ nonper°farmance and cause for termiliAt bri;tats..at the Construction M•anat cu•'s option; eatise:dlir;, }seiisi:QTi >of performance of services under this.Agreeine .t, If the Corastcuction Manager elects, to sirspend:setviGe ;. #kse.:Caia trtratiori 1Vianager shall give seven. days' written notice..to the Owner before suspending . W- Vices, In. the,:event.af a susp,ons ion .of services, the Cons tt:ucti on. Manager -:shall have no liability to. he! Owner for delay Uz: tq fgf3:Cftua3e d. the C wner because , of such suspt nsi . of services. Before r stirn ung sam ess,. the oriatruottsorx Ma b0paid all. sums due prior.�ty suspension and any e�cpezises Wour -od in the interruption and :.:. re?spYiiption of'tti0. anstmotion Manager's services, The Coustr'ttaion I4fanager's;fees for the reriiainirig aervices maid the tray tisehedriles shrill be. e uhably adj usted, ' tf t} a Owner susimids the Fxoj ect- the Constructioa Manager: shall; bt~ campensate~d.-for :servicexperformed prior _. to trctiee.of such suspensinrr. i hr3n the.l?roiect.a.s res•a mod, tits Construction M. anager shall be compensated foy expenses incurred in the interruption and resurrtption of the Construction Manag-er's services. The. Construotion M.attager's fees for the remain.ing.services and th.e ti:rne_whedu:les shall be.equi%bly ii4justewd, : . , liv9.3. if the Owner suspends the Rrojec for n3ore than days for reasons Cher thrin the fault of the Construction Manager, the Construction. ManAgor< e'Y terminate this A.greermit by gMing not less Yhari vniften notice. > 9,4 Fitlaer patty rnay:terminat t1iI � ,im-6nielit upati not less than seven.days' writtm. noti'm Ard litho other party frtil statss - antially t4 pert'ormil ��:oCrCi31`dMice with the teyrrns of this A reernerat throb no, f�li lk.:o� r� party iraitiatin the � = g g :" 94 The owner Inay terminato This Agreement capon: not less than seven ys� written notices to the C-onatruction Manager for the Owrioes convenience and withotd.'t clu:se, AIA Document 0132- — .2009 fortnterly Bfl41 Ts, lVla - 1'992j. Capyrfaht O 1473,.1980; 102 and 2069 by The Amirlcan tnsfltUfe of Architects, All rights lrih. reseivetl. >�'?kr0*M:'1'fdts ktA ris o ttatai fs zoterF�td ttv I t, 9; #iht t avr an;u lratieettrESt ia9'I "t" 4#Is , 4trrsiait zsr€ # i rrtrfrr t�s t sir ors u:rw� a, IMS Ale ors ar t, or Mayprrcttrrra M 19, i-mw mcu1E ift tr a re twit and >cr ut RMI tta# 0% wd Will be Ir ti t0*1 to th€► ire UM oxtaft 17 Posalbiv tretder 04 imr- purchasers are permitted to reproduce ten (10) poples of this document Wien compieted. To report copydght vlolations of AIA Contraot po'ournents, e-mail -Mpi American Inslitule of ArrIfteis' legal cm ttsel., copyrightt)aia,or(i. J 9.01n the event of termination not the.:fault of the- Con.struction.Manager, the.Cu.nstiut ti:ott Manager shall be varripensated forservioes performed prior to teffw4ation, t _ogethefwitli...Re.'ilnbursable �xpelzses.then due and all. ........-._._. .........- .- ...- ..._._- ........ ....... Twrminati:on Expenses as defined. in Section. 9:7. ion Expenses:are;.iri addition to compeawtion for the' Construction M€ iftor''s servims and motude :S44.: diieotly attribut016 to terininati�on for* or' wlt.i.cli the Construob'on M.wager is n.ot.c�therwise chi ?ritsensated; plus °::' _ .. �`h: a , At for the Construction lvManager's antivipgted .profit oo the value :ofthe serv.ioes no`t. r�;�rto��ised .b y the ., Coiistructiota. lvfanaget", as forth below, In the event of termination for the Ow nWs con.veniem.ce : rrtit to omit eackri�sMt 3f construction the Coi}strutition Managor #'ball be mlitled. to .rooeive paymetit for setvices pttrl&xeied costs in d. by i:ea, of such iinatron'and reasonal i;,: overhead and profit pn :Preconstrvaticin tiei t, ;ui t'cnirlpleted during the Prvcanstractintf Phase., i y , _ . 8 7 2 In. (110 twat of-ter tiriat "ion f%rtlie Owner's ootivt iiie o'sl et coniYnaneert nt.of' ctanstrtietion, the Gonstrwvtlan ,.' ' anager shall bo enttrtl fet receivepxtyirrertt.for services perfotined and:eosts inctuied: by :reason. a stivlr tr rmiriirfiiata,. along, wftkfeaon� sud and profit:on seMdes not =nplett ii during the Caiistructioti Phase; - .,TICL* t I I PROVISIONS Wit nha_ . gttt�emeodbythe.laviof the -place where this Project : is looated� except that:iftheparties have.seli �ed atl�itra l,o IM — ,uiethad ofbindit.g dispute resolution, the 1, floral :Arbitration Act shall. govern .. .•.:'E t: . -.r:y __yam •. i :x318 crhts 7rr .is g enir t: hall have the saine nieanxng a t to in AIA 'Dootiment:A23:2 X009,- - eneral -_ Cnridlifigii ;o#'_the tit act far Cousfm Lion, except fo�;,Pui•Pi es of t73is i� l reeinettt, tltG t�st:na "Vlaork'.' shall irrclutie the :..:.,.. of alo t r under the adriital ioi ..... Qfv a anstruction Manager. �e....� .... :I:: .:.... _. `l_Qv�rt�ranil.:ansti�acitrn Mta;`esctively,.>tirai[ tiierttselvesr their agt~snt5:, sirccr~ssors;ag and legal -t .. .. '- �... :.: tapre�sa ativbs to th-S gieerrieat:. T x :lie OWaer aor the'Constru*ctioti Mmiager shall assign. lit` A. uncut. . ...... . -': FUxtlia t 1 :_rvr lx:oonsent of o :ei,: r zi ept tliat:tUe Ovrnc�r ntay �s g�i this.Agr.eeinen .;iiddttdBr.pr4viditig: in i'oi .the Prpieot if i1i leu.der agrees ti7:assti.nae: the Clvcrrrer :s rights and olili.gatii' tittiler this Agreement. >3;1 iT 4 i tlsc Owner r lYests'the Construction Manager to exeeitte certi%'atto , the .... . ost d laii ua e- of'such :..:.._..._. y.. eertifioates slisll b6 :sitUtrfittt -d to the Con stntvt1on Manager for.review at: least 14 days prior to the requvateddates of o ccution. If' ie A)W im ftquests the Construction Manager to execuu: consents reasonably requimd to facilitate iis's iunent a lbilrlear fihe Construction Manager shall axncate all such consents that are consistent wilfi this. AgrbvimpA p %witted the, proposed consent is: su bmitted to. th:e. Constrtrcaoli Mains T for�.review at least l4 days prior 0-executiion.'t'he C`.Onsixtrdit Manager shall.not:ba rregtdred to ex ritte cexti tvates .at consents: thatxwould.recluiie kri'oi�ledgej sere CiY iespoiisibilities: beyotid the scope oL this Agreemient. I :S Ndrii:iiig co, xitained in this Agreement shall .t;reate a contractual relationship witli or a cause of action in favor of a AIM pAArty against either the Owner or Constriction. Manager. 101'6 hitless trerwise.t lured in flits A eofrisirt tho:Construotion Manager shai:l °have vo mpowibility. for the discovery, presenm, handling; i�eniaval: or disposal of, or exposure of persons to, hazardous materials: or toxic -substances in any form at the Project site. :> J;... 91y.7 The Constrtaotion Manager shall have the rigl t#i _id Iutle pliv.tof rapliic or aitisiic represeti ions:of tlaa-;c gn ... ...... . of-the Project.aniong the Construction and professional :.materials. The Construatib NIAaW. shall be given. reasonable access: to the ptssal?1"tec( PrOjBCt to vial a Buell. re2preserltations. However, tY19.,C8n5trtlation ildanager':s inat vials shall not inchid' `t� &n.ee' oo'nfidentia-1 or proprletary information ? :tli .Own has previously _... _ - ; -Advised thr4 C aiftuction lld pri r�vr..iti.ri . ofth:o s eo.i fic.i.iiforitation. considered b ttie= wrldr to lie: coil °hdential. ox .:. g l3 Y . a}ar #ctary. Thc�iDwx er sl7C its +i.de pmfess:ional xxedit for the Construction llala in the a Owner's promotional ..,.._._...:,•:,:..`�?t�tia)S Ctr ti7 , ketjE -4, Uthe Ooiistaruction Manager or ©wrier rweives i.n ortnWon specif"it filly d- esignate. by the other: party as YzconfidekiA" or "business proprietary," the receiving party shall Keep such information striely confidential and. shall . not disclose it tit. any other p>rrson except -to (1) its exzrploy> es,.t 2� those who need to know the content of such AIA Document 01321m — 200 armerly B$0174'CMa — 199$',: Copyright' 197% 1980 19M' d'2009" h The AmaNdan lntltuta of Arshkeels. Alf rights Init. reserved. WARNMOz This A {A 1i cattta r le tarote9ied `fly' .F 6ripoght Law sod fntoYn�kttorrYrt �ra�it�s Wrl�4sihert d r�pr�tlitatl�.n.or �istrit�u[toi3 i ? his Atik� D curs rat, or any podicn of It may Imu tt lit severa 0A seta own Ina! rs0110110e4, areal Will be:pr aatted to the maximum extdat t tto",,clirlo untive1ho law.. Purchasem aM permitt9d to- reproduce len (10) wiles OPIHs dgWmontwheq mrnpfeted. To apart Copyright.vbloifons of Afn Contract Documents, e-mail The American Institute of Architects' legal counsel; copyrightoala.o% information in order to perform services or constraotion solely and exclusively for the.Pro*t, or (3) its. consu Itants and contractors whose contracts include shnil.ar restrictions on the use of confidential infvrrnahbn. ARTICLE -11 COMPENSATION I1.1 F.or.th$ Manager's Basic Services cl.cscribed: under Article 3; the Owner shall .compensate the Consk. uction:IvIaxtager fts follows: r 1111 For Preconstructiaxd Phase Sorvices' in Section 3,2: � amOtamount qf, orhasis for, :compensr:a igm inchidi siipudatvdsums, muldplw orp —c2+ka r3 es,1 See attached proposal. rz _ = . 1.1.12 ror Goes#t 001iftw Services in Section. 3.3:. OnBert amount'oj,' or bavis! or, con7perasativn,. rncluding stipulated sums, muldples.or.parceniglges:) See::gLttached proposal. -..r. For ps. ".pnstruction Phase Services: May, weather permitting, to D ec tmbe.r :.:: , ` 0:3 3: $113,00U. Billed monthly. §.1'1:2:Eor Adciitic�z al 5`ervityes lasignated.iir Section 4..1, i]ic t iyriier shall a mperisate.:tlxe Coristracdi�n`]4ltltrager its fctllo��vs, .. 3t ::of tot cost, less land pux'uhl ade and architectural fees, (1*0 rrmatal.f, aj, a babis -; for, compensaton,. If necauar , l r setiac ;raxvtce bra w tar i. partlG rl r me rails of attar - :p sal. xo�c� h" me a w • v .. . §1:143 Fdr:Ad4itibnalAerv1M that .tray arise during the course of the Project, ineli;tel i "fJ ` -bider Oeotio i 4:3, tho Naer shall .i3om0oh *e Me Construotion.Manager as followa: Irrstri amotss�io � r�r -- asls.�ax;. rorrlperas�aticrra;) . Principol' d . time! at the following per hour rates: Greg Ebert:: $135.00 Superintendent: $80.00 -.Bruce Ternes, :. $ 95.00 Project Coordinator: $65.00 11A CompeAsi i!= fad additional Servlcee of the Constructioti.Managaf cdtis€alunts whewuot iakded in Sieotions 11.:2 or 1,1.3, shall be the. atw- unt invoic.od to the Construction 1 anager plus three percet€t.( 3 % or as otltervis.0 stated below: 111.5 The boudy billing rates for services if.gny, are set foitli below_ The rates she [I Constrractioii Maixager's c:onstxltatits° .ni?t� t% rxpp, i'fc l�l , a�rCh. can exhibit dairll?. 1 mpkayeb or Cato ` : C61"li . idio €€ Mana g er and tho Cortstru,ction 7VMntitr's costs iirtesi in: atxurdatnce w't:tlr filie C- bust!Lic-ti(3d] .HtbiTtagei's aliil.. ew l ?: ra[i11eel. hr: rata Or insert them he*loN ) %1 Septic, sewer, and well to beermirted with council approval. Ntlt. AIA Dorumtant C1s2TM^ –2009 keorrrrorly Bstd1TOCI V a � 19$4 Copyright 0 IV 1000;1992 and NOR by The American Institulo of.A roNeets. A#I rlghta revervod. YVAt� KIRM `rh €' a AIA` lSastArrrallf in pr tad by U-8. Copyright Law and tntot-aratiuriai'rvat€944. # nauthotind ra #uou" far disirt€ wlov 1'a at tlde Ale Dsronmertt:, mr any lwrtioa of #1 may fawlt in i aff%fam 4VI-1 and w3ffi Tal pulaR1ea old Will te psa..a oez is O maxIffi x e"(0 �Wssible under low.. Purchasers are pvnitidd to reprodwe ten (10 copias of ibis -document when c6nipleted To report capyrightvlolzitiOM 61AIA Contract Documents, a =m-oil T w American Instittita of Architocis' legal cdunseE; CupyrightQa €d:oi j. 111-COMponsaffah The Reimbursable ExpOsee 11,1: 1 Reim.b-ursOle)3*pepses. are in addition to oomponsation'for-Bastc and.Additional Servites and inolude . 6xp�,n`ses %= md by thi: Cwistftiction Manager anti th6 CohMidUbif Wda ciah 9altants dfilftdy rel-AW16 the Project, as fbllows: a -8 is 4ftce� F: -Ttw poft . )R iaiul-authm ized-wt-of-u -i4my iW t atk. ....... ... Ong data and soinliaieaiiFri SeFyke Wesiiasj .3 Fees paid for seepting approval of anthorities havills jilrwdiction 6-A W th. .5 Pos*e, handling and. deliver. iFiil 4 i� . f overtime work requiring higher Own repw iato% ExpOnn-p zed in advance by the Owoer', tile DwneT; VMJ13 dw phot ap. Y, g 411, Thaterids.y. !.� i :i� . . 6904d Ogx t n e§ielftatiot lability 4xis dedi seat Qusiv* - wftwe ie- ed-m ..,L. *411i ar (-%pewe-of addiden Jnsl Wue�" age ied by". 4 ' 9 t IN. ne, Om "T All WOs WViJ Od. oh profesaioiial services and on relinbursab-to ex p �:l A -0,14 4, �4 4 d. 64 - ot-felate th malia To 'I inib x1 4,;*.,�ansas the cor r -t ,p WE tl npe:iisatimi shall. be vxpvasef� inalirod by-,th ger Op r4tpa "onsidtarits P1118 three percent ... ....... 3 GV tvixees incared.. r. 4 T.I.."TPOM : zero ddtj-d�Fg and zero cents 1111 Ali in at:#qyn d i C` all ba riladempon, execution of tbit; Agmenict A T. Vt Owne?taccoulit it the Mehf, lt shg tiid ited 0 the. • U WAslir services s1taU be made month ly'hi M.Op art bn t%q*&V§ p ei omed. a' po .0 U .unpaid tation. of the Constmotiott Manag tl:s ice AYINUAl id -qt d 1- �q sed days after the h �J�t Y 30 the iaBsenbe ther,cof at the from time to iiiax at Yt i-;ffftWp61:-phase of business of the M, *�i*at interait agreed zipo&): . ......... annual interest (6%) 411,73 The •i*—ithholdarno.14i!tfrarhtbi4Ck)ft9l'fUCtbnM pe of os a ,nalty _7160 C tfltat tiaion Man.ager- --or t6 off set sums xe q u6stod by or pidd to Cofitraooira for this cost of Mir]Ltg&r:AgkeW Or lies , as been. fatted liable for thes arnomits. la it binding opti L .. .. . ...... . tdo ofRainibitr8able Ekpfws", bxp fiixses penablint; to Additional Servidat and services peff-6 d On .10 b b fly rates shall be aval able to the Owna at.-mutlially. 0.0tiveni-eft A016LE 12, SPECIAL TERMS ANb CONDITIOU S tatins amd conditions That rhodify this A, -ee 111MU f . .......... .. --- . . ..... .. . .. 1: ... . ... ... . .... See attached: Art I q 11 12 SpeCial. .-TerM.0 - and Condit L g; . . ......... . ........... ........ ... . I V! S ........... . A0 �4C U.41 C P5 THE AGREEMENT .13.1 This -Agroembitt, mpresentg the *entire and ftitegrated agt*e6ent bet%6a the- Owtiorand. the Co nstmetion Manager and sapersedes all.pnor negotiations, .representations or agreextients, either written or oral. 11is Agn*rneat inay- be aniended only by written instr uinent-gig- ned by both Owner and Conqmatfort Manage);, AIA tiocument-01-3-21" -20.09 #ormerly 13801111t"A- 1002) Copyright §.1073, 1980, 1104and.R009 by the Arnaftan Institute of Architects. All. rights reserve. diWAAKMQ_Phis AIX Omm-nantle and dkmbuftn of this AIA, Oft m ono or UVW -pattloft at. 11, MR 20 pw�lblu Undar M, 6-4. PurrAidsAW arerperdillted ta reproduce: ten (10) eoptes. of this doruinerik When oornpleftd"."T. report vopwight v1pia7lons of AIA Contract Documents, e-mail ThoAmeriemlnaftte of A-61tects.' legal counsel, cofpytight@ala.org, Ibis A rmnnertt is etrtered into as of the day and ear rsi �vt ittt rf ,above. Y .. t. 1 C. OWNER St r'e CONSTRUCTION MANAGER � . lure James ��::;.- l�a9mussen, Vice President (P)Iwad narme and title) (Printed nott<re',Ad title) .AUTION' Yov ShoWd sign an original AJA Cantrvat DOCUMNIt, On Which ttats ftV.appears in RED. ft or offal mau a that ettarag os. will floc bw 4bawre& Info. AIA Document Ct32TA . 2009- vormerly 000.111,10 la iS92). Copyright.0 ,1973, 1'980,15192 and 2600 by The Aroencan Institute of Architects, All rights reservect.'� t ma; s, o1•Ct� 0-o ii3rwnt iw prCti%2rt d by 0 t Oapjlregttt Lmv angl ornalttonw Tfostles. iFlfttatttlltaTInd FIapm'du on of �I�ir1bultor; 2 � of this AIA %'li€ w#r or any pajtkm of it, 4REff P893lAtt In 1"ve" G$VI god YYfI.ml P010- Ow, :�l d will ba prasecul to 4he ma -imt" ra ( fa * &gibla un r the law. Purebaters are permfttetl to reproduce. ton 00) copies of this document when compliafed. Ta mporL copydg11t Aolatiorts of AIA Contraci Documents, "nWi TheArnerican Institute otA.rchitects' legal counsel, copyright oia..arg. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: CONSTRUCTION SUPPORT ACTIVITIES: COSTS TO BE PAID BY THE OWNER Construction support activities are to be included in the General Conditions of the Contract A232CMa and in the Specifications, unless they are provided by the Contractors. Construction support activities include, but are not limited to, Builders Risk Insurance (including the deductible), site signs, fees paid for securing approval of authorities having jurisdiction over the project, general building pen-nit (paid directly by the Owner), security and fire protection, temporary roads, parking and erosion control, fences, barricades and signs, temporary toilets, cleaning, surveying, layout, water, gas, weather protection, temporary electricity, temporary heat, temporary phone, installation of Owner's furnished items, office trailer, office trailer set -up, hook -ups, utilities and communications; safety supplies, temporary utilities and connections, shipping expense, reproduction of documents, waste and trash containers, potable water unatiributable damage, soils and product testing, site secretary, cost of AIA contract documents, internet access, and other similar items normally furnished under General Supplementary and Special Conditions portions of the specifications. The Owner shall consult with and involve the Construction Manager in their development of unsatisfactory items or punch lists. If the Pre - Construction Phase has not been complete by December 15, 2012, through no fault of the Construction Manager then compensation will be at, see 11.3 for rates. If the Construction Phase has not been complete by January 15, 2014, through no fault of the Construction :Manager, then compensation will be at, see 11.3 for rates. Construction will be considered started from the receipt of bids. With the exception of asphalt and landscaping. Should approval of change orders to the project exceed two percent (2 %) of the construction cost, compensation should be at $500.00 per change for administrative processing. Nothing contained herein shall be deemed to create any contractual relationship between the Construction Manager and the Architect or any of the Contractors, nor shall anything contained herein be deemed to give any third party any claim or right of action against the Owner or the Construction Manager which does not otherwise exist without regarding this Agreement. ADMINISTRATOR'S AGENDA ITEM REPORT Agenda Item No. 11c. Council Meeting: Prepared By: October 11, 2012 Dan Donahue, Administrator Topic: Action Required: 2013 Budget - Employee Wage and Benefit Authorize employee wage and benefit package; other miscellaneous 2013 Budget package for 2013. Needed at this time issues for the Open Enrollment period set to begin the week of October 15th Policy: City required to annually hold Open Enrollment Budget Impact: See report Summary: At the July 12, 2012 council meeting, the city council reviewed the options and their cost regarding the wage and benefit packages for employee in 2013. At this time, the city council is asked to approve the wage and benefit package prior to the final approval of the 2013 Budget tentatively set for December 20, 2012. Employees will be making choices during the open enrollment period set to begin in a week so the benefit package needs to be known. Also, there have been a few adjustments (and a suggestion) in the draft 2013 Budget that the council needs to be aware of. General Fund (GF) Personnel Costs The following are projected costs for both insurance benefits and options for a cost of living (COLA) increase: • Insurance premiums will increase 8.5 %. The actual increase is not yet known but the LOGIS Health Contract stipulates a maximum increase of not to exceed 8.5% If the city were to pick up the entire increase (at 8.5 %), the budget increase would be $18,646, if the city were to pick half of the increase then it would be $9,323 • The following matrix shows the cost of living (COLA) with the city picking up all of the health premium increase, half of the increase, a fourth of the increase: Increase in Insurance Premiums over 2012 1 % COLA Wage Increase 2% COLA Wage Increase Full Increase $33,504 $46,354 Half of the Increase $24,044 $36,685 Fourth of the Increase $15,637 $28,487 Administrator's Report on 2013 Budget— October 11, 2012 Council Meeting Page 2 The latest draft of the 2013 Budget includes the 2% COLA and the city covering the full 8.5% insurance premium increase. If the council decided to cut that insurance increase support in half, the savings would be approximately $10,000. 1 have said it before but I do not recommend the city covering all insurance premium increases as a matter of course. I see next year's budget efforts as particularly difficult with expenses needing to be held or cut (if we are to follow the Five Year Finance Plan). On another personnel front, the Police Union Contract expires at the end of the year. The Police Chief and I met this past week with the union reps for the first presentation of ideas for the new contract. The chief and I would like to get this process completed by years end. Other GF Budget Items At the last council meeting, you asked that the electronic improvements to the conference room put in the 2013 Budget rather than the Equipment CIP. This has been done. As staff was going over the latest draft of the 2013 Budget, we were double checking all entries and formulas. We found a double counting error in the recycling expense. As of now, the 2013 General Fund budget surplus stands at a plus $67,000. You have an opportunity to lower the proposed tax levy or put back in a surplus line item. At the October 25" council meeting, I will put the draft budget on the agenda for a review of the complete budget package. RESOLUTION NO. 1996 - 31 COPY A RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO STEVEN KOHNEN TO FACILITATE THE CONSTRUCTION OF A 3360 SQ. FT. ACCESSORY BUILDING ON A 73 ACRE PARCEL, LOCATED AT 23240 COUNTY ROAD 30, PID #07- 119 -23 14 0002 WHEREAS, Steve Kohnen has made application for a Conditional Use Permit to facilitate the construction of a 3360 sq.ft. accessory building on a 73 acre parcel; and WHEREAS, on June 6, 1996, the Planning Commission conducted a public hearing on this application and moved to recommend approval of the Conditional Use Permit based on the following findings and conditions: 1. That the 2.9 acre homestead and the 73+ acre farmstead be combined into one parcel. 2. That there is no outside storage on the property. 3. That the applicants, their heirs and assigns, acknowledge and agree that the use of the accessory structure, within a R -1, rural residential district, is limited to residential and /or agricultural storage of equipment and restricts the use of said building from commercial storage, with the exception of his business equipment which consists of a truck, low -boy, ozbcat, traxcavator, and backhoe. 4. The side wall height of the building will be 16 feet. WHEREAS, on June 13, 1996, the City Council considered the Planning Commission recommendation to approve the Conditional Use Permit for Steven Kohnen to facilitate the construction of a 3360 sq.ft. accessory building. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Corcoran that the request by Steven Kohnen for a Conditional Use Permit to facilitate the construction of a 3360 sq.ft. accessory building on a 73 acre acre parcel, and legally described on the attached Exhibit "A ", be and is hereby approved with the following findings and conditions: 1. That the 2.9 acre homestead and the 73+ acre farmstead be combined into one parcel. 2. That there is no outside storage on the property. 3. That the applicants, their heirs and assigns, acknowledge and agree that the use of the accessory structure, within a R -1, rural residential district, is limited to residential and /or agricultural storage of equipment and restricts the use of said building from commercial storage, with the exception of his business equipment which consists of a truck, low -boy, dozer, bobcat, traxcavator, and backhoe. 4. The side wall height of the building will be 16 feet. Moved by member Gown <f , seconded by member MA ='L '> . The following voted in favor of said resolution: Mayor Larkin, Council members Gmach, Kluck, and Mayers. The following voted against the same: None. Whereupon said Resolution was declared carried. Dated this 13th day of June, 1996. 'An Mayor ATTEST: � —/- 0_,_ City Administrator Resolution loo. 1996 - ,3q Exhibit "A" Legal Description: The S 1/2 of the NE 1/4 exc the S 314 ft of W 508 ft, also exc roads, all in Section 07, Township 119, Range 23, Henn. Co., Minn., according to the recorded plat thereof. STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF CORCORAN 785`311 The undersigned duly qualified and acting Deputy City Clerk of the City of Corcoran hereby certifies that attached hereto is a copy of the original CONDITIONAL USE PERMIT FOR STEVE KOHNEN TO FACILITATE THE CONSTRUCTION OF A 3360 SQ.FT. ACCESSORY BUILDING ON AN 11 ACRE PARCEL, LOCATED A1.232,40. COUNTY RO . 30 PID #07- 119 -23 13 0002 AND PID #07- 119 -23 14 0002, on file in the office of the City Clerk, City of Corcoran. �• d n r 1 i �t � ,,k`` Dated this 19th day of September, 1997. a-j-�j '�& 90-14� 3 Splett, eputy ff Clerk CONDITIONAL USE PERMIT FOR STEVE KOHNEN TO FACILITATE THE CONSTRUCTION OF A 3360 SQ.FT. ACCESSORY BUILDING ON AN 11 ACRE PARCEL, LOCATED AT 23240 COUNTY ROAD 30, PROPERTY IDENTIFICATION NUMBER 07- 119 -2313 0002 AND PROPERTY IDENTIFICATIO NUMBER 07- 119 -2314 0002 WHEREAS, Steve Kohnen, property owner and applicant, has requested permission to facilitate the construction of a 3360 sq.ft. accessory building, located at 23240 County Road 30, and WHEREAS, this application was before the Planning Commission on June 6, 1996 (public hearing) and before the Corcoran City Council on June 13, 1996; that the City Council makes the following: FINDINGS OF FACT 1. That the 2.9 acre homestead and the 73+ acre farmstead be combined into one parcel. 2. That there is no outside storage on the property. 3. That the applicants, their heirs and assigns, acknowledge and agree that the use of the accessory structure, within a R -1, rural residential district, is limited to residential and/or agricultural storage of equipment and restricts the use of said building from commercial storage, with the exception of his business equipment which consists of a truck, low -boy, dozer, bobcat, traxcavator, and backhoe. 4. The side wall height of the building will be 16 feet. WHEREAS, on May 8, 1997, the City Council revised the Resolution to allow Mr. Kohnen to construct the 3360 sq.ft. accessory building on an I 1 acre parcel without combining the 73+ acre farmstead and his 2.9 acre homestead into one parcel based on the finding that he would lose the Green Acres designation on the property; and WHEREAS, the application for the Land Division creating the I I acre parcel was before the Planning Commission on June 5, 1997 and before the Corcoran City Council on June 12, 1997; that the City Council granted the land division with the condition that the applicant dedicates an additional 17 feet of right -of -way for Co. Rd. 19. i Based on the above findings, Permit to Steve Kohnen to construct a 3360 located at 23240 Co. Rd. 30, City of Corcoran, and) fA "; subject to the following conditions: g: a. That there is no outside storage on the property b. That the applicants, their heirs and assigns, acknowledge and agree that the'use of the accessory structure, within a R -1, rural residential district, is li n;t' to residential and /or agricultural storage of equipment and restricts the use of said building from commercial storage, with the exception of his business equipment which consists of < truck, low -boy, dozer, bobcat, traxcavator, and backhoe. c. The side wall height of the building will be 16 feet. d. Dedication of an additional 17 feet of right -of -way for County Road 19. Dated this day of E&aV22 �� , 1997. DATE: J t DATE: q -I&, _q 7 DATE: q ` % �0 : q.r This instrument was drafted by: City of Corcoran 8200 Co. Rd. 116 Corcoran, MN 55340 Steve Kohnen Applicant and Property Owner CITY OF CORCORAN Frank Larkin, or n _ Stac Dob zenski, City Cl �t � tr •�L Exhibit 'A F Legal Description (11 acre parcel): The South 761.52 feet of the West 629.18 feet of the Southwest all in Section 7, Township 119, Range 23, Henn. Co., Minn., ac thereof. ti µ Agenda Item 13 a -c. Council Meeting Date: 10/11/2012 CLAIMS LISTING Prepared By: jheinecke CHECK RANGE 20078 Agenda item: 13a. FUND #500 Escrow Claims Paid to Amount Project name Wenck Associates Inc 178.50 Sunram GRA025 Valley Paving 7,557.00 Valley Paving GR12 -003 Total 7,735.50 Total Funds #500 = (See attached Check Detail Register) Agenda Item: 13b. Building Inspection Claims Paid To Amount NONE Total Building Inspections Claims = (See attached Check Detail Register) Agenda Item: 13c. All Other Claims (See attached Check Detail Register) Total of Auto Deductions $ 7,735.50 165,868.44 93,932.01 $ 267,535.95 H:1Clty Hall InformationlCITY GOVERNMENT1Council, Commissions & CommitteeslCouncil InformationlCouncil Claims12012 Claims TOTAL EXPENDITURES FOR APPROVAL 13c. Auto Deductions 1 Electronic Fund Transfer! Other Disbursements Date Paid to Amount 9/20/12 Net Pay PR19 30,250.82 9121/12 Payroll Taxes 10,414.78 9121/12 Paychex Fee 247.55 9121/12 PERA 7,547.22 9/21112 Citi Street - 457 Deferred Comp 2,897.00 9/21/12 Citi Street - Health Care Savings 1,470.60 9124112 US Bank - H S A 1,403.70 9125112 Blue Cross Blue Shield 8,545.00 1014112 Net Pay PR20 30,813.29 1014/12 Paychex Fee 342.05 Total 93,932.01 $ 7,735.50 165,868.44 93,932.01 $ 267,535.95 H:1Clty Hall InformationlCITY GOVERNMENT1Council, Commissions & CommitteeslCouncil InformationlCouncil Claims12012 Claims CORCORAN, MN Cash Balances Current Period: October 2012 FUND Descr Account Cash GENERALFUND RESERVES DONATION FUND POLICE DONATION FUND FIREARMS SAFETY DWI FORFEITURE FUND DRUG FORFEITURE FUND TRUCK SAFETY ASPHALT MAINTENANCE POLICE CAPITAL FUND D /S- EQUIPMENT CERTS CO. RD. 19 IMPROVEMENT TAX INCREMENT FINANCING INFRASTRUCTURE PLANNING FACILITY EXPANSION D/S PW CAPITAL FUND PARK CAPITAL FUND CAPITAL - EQUIPMENT CERTS SHANNON LANE ESCROW HOLDING FUND CIVIC ORGANIZATIONS INVESTMENT CONTROL Total Cash Farmers Savings Acct PARK CAPITAL FUND Total Farmers Savings Acct Change in Market Value GENERALFUND Total Change in Market Value G 100 -10100 G 201 -10100 G 202 -10100 G 204 -10100 G 205 -10100 G 206 -10100 G 207 -10100 G 305 -10100 G 308 -10100 G 309 -10100 G 310 -10100 G 401 -10100 G 402 -10100 G 407 -10100 G 410 -10100 G 415 -10100 G 416 -10100 G 417 -10100 G 500 -10100 G 501 -10100 G 999 -10100 G 415 -10102 G 100 -10105 MTD Debit $453.74 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $453.74 10/04/12 2:13 PM Page 1 MTD Current Credit Balance $39,902.05 $0.00 $0.00 $0.00 $15.83 $0.00 $0.00 $0.0D $0.00 $0.00 $0.00 $125,984.30 $0.00 $0.00 $0.00 $420.00 $0.00 $0.00 $7,735.50 $0.00 $0.00 $174,057.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 - $62,745.47 $28,615.42 $1,684.46 $13,033.17 $11,583.38 $1,168.12 $3,346.29 $71,423.30 $39,715.09 $79,388.50 $134,088.12 $2,399,457.39 - $1,879.58 - $15,680.74 $1,311.23 $332,115.99 4309,506.64 $9,367.21 $15,667.45 $6,000.09 $81.73 $2,758,234.51 $10,656.03 $10,656.03 $6,158.30 $6,168.30 Grand Total $453.74 $174,057.68 $2,775,058.84 CORCORAN, MN 10/04/122:12 PM Page 1 `Check Detail Register© October 2012 x Check Amt Invoice Comment 10100 Farmers State Bank �' x Paid Chk# 020078 30/1112012 ACCURATE RADAR SPECIALTIES E 100 -42100 -220 Repair /Maint Supply (GENERAL) $240.00 2498 RADAR CALIBRATION & LIDAR Total ACCURATE RADAR SPECIALTIES $240.00 Legal Fees $ Paid Ch E126079 'k0/11fl12 ASSURANT EMPLOYEE BENEFITS 092812 E 100 -41600 -300 P E 100 - 42100 -131 Employer Paid Health $159.60 Insurance Premium E 100 -43100 -131 Employer Paid Health $85.70 Insurance Premium E 100- 42102 -131 Employer Paid Health $13.52 Insurance Premium E 100 -41300 -131 Employer Paid Health $29.18 Insurance Premium E 100 -41400 -131 Employer Paid Health $47.09 Insurance Premium Total ASSURANT EMPLOYEE BENEFITS $335.09 $15.83 0 Paid Chk #­020080 ...1 019 1/201 2 BANYON DATA SYSTEMS Total CARSON, C .- E 100 -41941 -300 Professional Srvs (GENERAL) $780.60 148162 Software Support Fees Total BANYON DATA SYSTEMS T.7Rn nn Paid chk# 020081 10! €112012 CARDIAC SCIENCE CORP E 100 -42100 -210 O Operating Supplies (GENERAL) $ $79.83 1 1529129 Total CARDIAC SCIENCE CORP $ $79.83 Paid Chk# 020082 1 10/11/2012 CARSON, CLELLAND & & SCHREDER E 100 -42100 -304 L Legal Fees $ $1,123.20 0 092812 E 100 -41600 -300 P Professional Srvs (GENERAL) $ $1,586.66 0 092812 E 100- 41600 -300 P Professional Srvs (GENERAL) $ $884.67 0 092812 E 401 - 41900 -300 P Professional Srvs (GENERAL) $ $1,493.34 0 092812 E 100 -41600 -300 P Professional Srvs (GENERAL) $ $373.33 0 092812 E 205- 42100 -304 L Legal Fees $ $15.83 0 092812 Total CARSON, C CLELLAND & SCHREDER $ $5,477.03 Paid Chk# 020083 1 10/1112012 CENTURY LINK E 100 - REPLACEMENT DEFiB PADS CRIMINAL PUBLIC WORKS FACILITY CIVIL -LEGAL SWUP MOONLIT ACRES VEHICLE FORFEITURE Telephone $52.84 314225024 LAND LINE Total CENTURY LINK $52.84 Paid Chk# 020084 10/11/2012 CHELSEA CAPE' E 100- 41941 -400 Repairs & Maint Cont (GENERAL $300.00 093012 FALL LANDSCAPE MAINTENANCE E 415 -45200 -300 Professional Srvs (GENERAL) $420.00_093012 FALL MEMORIAL GARDEN MAINTENANCE Total CHELSEA CAYE $720.00 V Paid Chk# b20085 10%1/12012 CINTAS - 470 E 100 - 42100 -223 Building Repair Supplies $39.68 470132089 FLOOR MATS E 100- 41941 -210 Operating Supplies (GENERAL) $124.39 470132090 City Hall Scraper Mat E 100 - 43100 -417 Uniforms $70.22 470132091 PW Uniforms E 100 - 41941 -210 Operating Supplies (GENERAL) $34.13 470135323 City Hall Scraper Mat E 100 - 43100 -210 Operating Supplies (GENERAL) $26.72 470135324 PW Towels E 100-43100-417 Uniforms $91.97 470135325 PW Uniforms Total CINTAS - 470 $387.11 CORCORAN, MN 10/04/122:12 PM Page 2 *Check Detail Register@ October 2012 Check Amt Invoice Comment Paid Chk# 020086 10/11/2012 CLARENCE J SCHOMMER ET AL E 401 - 41900 -530 Improvements Other Than Bldgs $94,000.00 SWUP SWUP EASEMENT Total CLARENCE J SCHOMMER ET AL $94,000.00 Paid'C6k4 020087 10!1112012 COMCAST- 902943336 E 100 -43100 -321 Telephone $118.17 22949572 LAND LINE E 100 - 41941 -321 Telephone $118.17 22949572 LAND LINE E 100 - 42100 -321 Telephone $118.17 22949572 LAND LINE Total COMCAST- 902943336 $354.51 Paid Chk# Q2Q088 10!11/2012 GROVE NURSERY E 100 - 41941 -400 Repairs & Maint Cont (GENERAL ---$51.30 23379900 LANDSCAPE MAINTENANCE Total GROVE NURSERY $51,30 - Paid Chk# 020089 10/1112012 INDELIBLE INC -- - - - E 100- 41941 -200 Office Supplies (GENERAL) $90.49 3311 -1 ENVELOPES Total INDELIBLE INC $90.49 ............. Paid Chk# 020090 .................._._.... _..................-... ............................... 10/11/2012 KUSTOM SIGNALS, INC. ................ ............................... . - . - .. ......................................... ...... ......................... E 100 -42100 -220 Repair /Maint Supply (GENERAL) $2,427.13 468890 MESSAGE TRAILER REPAIR E 100 -42100 -220 Repair /Maint Supply (GENERAL) $469.67 469295 #555 REAR RADAR ANTENNA Total KUSTOM SIGNALS, INC. $2,896.80 Paid Chk# '020091 10/11/2012 LAKES GAS'COMPANY E 100 -43100 -380 Utility & Services (GENERAL) $167.88 07966 Public Works LP Fuel E 100 - 42100 -212 Motor Fuels _$209.29 25250 PROPANE POLICE GARAGE Total LAKES GAS COMPANY $377,17 w Paid Chk# 0200$2 14/11/2012 LANO EQUIPMENT E 100 -43100 -225 Landscape /Ditch Materials ($453.74) 54206 PSI HOSE E 100 - 43100 -225 Landscape /Ditch Materials $2,137,50 78326 BOBCAT LOADER Total LANO EQUIPMENT $1,683.76 Paid Chk# 020093 .....1 011 1 /2012 LOFFLER........... ._. E 100- 41951 -207 Computer Supplies —.11.50.0.01452758 MONTHLY MAINTENANCE 1 SERVER CSSS Total LOFFLER $150.00 Paid Chk# 020094 10/11/2012 MENARDS MAPLE GROVE ... .... ...... E 100- 43100 -210 Operating Supplies (GENERAL) $51.49 32963 SUPPLIES E 100 -45200 -210 Operating Supplies (GENERAL) $133.94 4157 SUPPLIES E 100- 42100 -223 Building Repair Supplies $8.24 4158 EXHAUST FAN REPAIR E 100 -43100 -210 Operating Supplies (GENERAL) $108.48 4162 SUPPLIES E 100- 45200 -210 Operating Supplies (GENERAL) $19.19_ 4216 SUPPLIES Total MENARDS MAPLE GROVE _ $321.34 Paid Chk# 020095" ' 10!11/2012 MIKES FIX IT E100-42100-220 Repair /Maint Supply (GENERAL) $343.08 3725 #553 BRAKES Total MIKES FIX IT $343.08 CORCORAN, MN 10/04/122:12 PM Page 3 `Check Detail Register@ October 2012 - Radro UnItS $156.00 193109814058 AIR CARDS MOC1RADiO UNITS Total SPRINT $156.00 Check Amt invoice Comment Paid Chk# 02 009U 10/11/2012 MIMBACH FLEET SUPPLY !NC :';;;;>::;;; ;::;::::;:::;::::;::.:::;r.:::: r. E 100 - 43100 -210 Operating Supplies (GENERAL) $1,279.36 74550 SUPPLIES E 100- 45200 -221 Maintenance Projects $621.57 74793 SUPPLIES Total• MIMBACH FLEET SUPPLY INC $1,900.93 Paid Chk# 020097 .......10/1"112012.......MN FOP LDP . ......... .......... ... ................ .. ..... .... ....... .......... .............. ............................ E 100 -42100 -304 Legal Fees $150.00 GORMLEY13 ANNUAL DUES Total MN FOP LDP $150.00 Paid Chk# 020,098 10/11/2012 NAPA AUTO PARTS - CORCORAN E100-43100-210 Operating Supplies (GENERAL) $5.23 851403 SUPPLIES E 100- 43100 -210 Operating Supplies (GENERAL) $86.80 860289 SUPPLIES E 100 -43100 -210 Operating Supplies (GENERAL) $22.19 861831 SUPPLIES Total NAPA AUTO PARTS - CORCORAN $114,22 Paid Chk# 02Q093 10111%2012 NORTHLAND SECURITIES INC E 100 -41900 -300 Professional Srvs (GENERAL) $2,160.00 3031 FINANCIAL PLANNING E 100 - 41900 -300 Professional Srvs (GENERAL) $3,360.00 2,032 FINANCIAL PLANNING Total NORTHLAND SECURITIES INC $5,520.00 Paid Chk# 020100 10/11/2012 'OFFICE DEPOT . . .................... E 100 -41410 -210 Operating Supplies (GENERAL) $42.64 626252889001 SUPPLIES E 100-41130-351 Newsletter Expenses $46.10 626252889001 SUPPLIES E 100 -41941 -200 Office Supplies (GENERAL) $210.00 626252889001 SUPPLIES Total OFFICE DEPOT $298.74 PaidChk# Q20101 10!11/2012 RANDYS SANITATION • -- - - - E 100 - 43100 -210 Operating Supplies (GENERAL) $138.08 11013 -09 PUBLIC WORKS GARBAGE E 100- 45200 -380 Utility & Services (GENERAL) $793.47 11039 -09 PARKS GARBAGE E 100 -41941 -380 Utility & Services (GENERAL) $184.53 1280351 -09 CITY HALL GARBAGE E 100 - 43232 -300 Professional Srvs (GENERAL) $5,312,95 1280351 -09 MONTHLY RECYCLING Total RANDYS SANITATION $6,429.03 Paid Chk# 020102 10/11/2012 ROLF ERICKSON ENTERPRISES INC E 100 - 41550 -210 Operating Supplies (GENERAL) $34.39 092412 FORMS AND SUPPLIES E 100 - 41550 -300 Professional Srvs (GENERAL) $4,107.00 092412 MONTHLY ASSESSING FEE Total ROLF ERICKSON ENTERPRISES INC $4,141.39 Paid Chk# 020103 1011112012 SPRINT E 100 - 41920 -210 Operating Supplies (GENERAL) $17.61 391283315130 CELL SERVICE E 100-42100-321 Telephone $249.37 391283315130 CELL SERVICE E 100 -41300 -210 Operating Supplies (GENERAL) $17.51 391283315130 CELL SERVICE E 100 -43100 -321 Telephone $199.36 391283315130 CELL SERVICE Total SPRINT $483.85 Paid Chk# 020104 .. 10/11/2012 .SPRINT .:.. .. ..... E 100 -42100 323 - Radro UnItS $156.00 193109814058 AIR CARDS MOC1RADiO UNITS Total SPRINT $156.00 CORCORAN, MN 10/04/12 2:12 PM Page 4 *Check Detail Register@ October 2012 Total TEAMSTER LOCAL 320 $286.20 Paid Cliki 0201 10 10j1'1j2612 -VALLEY PAVING IN G 500-20288 Valley Paving $7,557.00 ESCROW ESCROW REFUND Total VALLEY PAVING INC $ Check Amt Invoice Comment a f Paid Chk# 020i05 10/11/2012 STEELMAN, PAULA .... ... .... ... ... .. ... .. .... ............ E 100-42100-208 Training and Instruction ....$181.06 $52.64 2 EXP 0912 BCA CONFERENCE Total VERIZON WIRELESS $ Total STEELMAN, PAULA $181.06 Paid 6k# 020112 STRETCHER S* *POLICE, EQUIPMENT — .......... .......... . .......... ......... E 10042100-417 Uniforms $189.99 1959718 PT OFFICER RAIN COAT Total STRETCHER S POLICE EQUIPMENT $ . 189.99 Professional Srvs (GENERAL) $ $5.00 1 Paid Chk# 020107 10/1112012 SUN PRESS &NEWSPAPERS Professional Srvs (GENERAL) $ $833.00 1 1204200 E 100-41941-352 General Notices and Pub Info $57.48 1398952 PUBLIC HEARING 12-C12 Total SUN PRESS & NEWSPAPERS $57.48 E 100-43170-300 P Professional Srvs (GENERAL) $ PaidCW 026166 10i11r2012 SUPERIOR FORD Total WENCK ASSOCIATES, INC. $ ...... . ElOG-43100-220 Repair/Mant Supply (GENERAL) $129.24 74633 PARTS E 100-43100-220 Repair/Maint Supply (GENERAL) $8.89 74633 SALES TAX $ .. 20.00 Total SUPERIOR FORD $138.13 Paid ttk#'d2bi-69 1011112012 TEAMSTER LOCAL 32 . 0 ...... . ..... ... ... ................ . ...... .................... .. . . . .. ............. ....... ........ ...... ...... .... ..... G 100-21707 Union Dues $286.20 1012 OCT 2012 DUEStTLDF Total TEAMSTER LOCAL 320 $286.20 Paid Cliki 0201 10 10j1'1j2612 -VALLEY PAVING IN G 500-20288 Valley Paving $7,557.00 ESCROW ESCROW REFUND PaidChk# ............. . .. ... I .... ....... ............. . -.1 1 1 ........... . ....... . . . 0201 14 10111/2012 ZIEGLER INC CELL SERVICE GENERAL ENGINEERING COUNCIL MEETINGIENG ASSISTANCE STORMWATER/WCA. PAMEMENT MANAGEMENT/CIP ENGINEERING ENGINEERING PUBLIC WORKS FACILITY #555 TIRE REPAIR 0 -43100 -420 Repair/Maint Supply (GENERAL) $154-92 PCO01413331 SUPPLIES Total ZIEGLER INC $154.92 10100 Farmers State Bank $17360394 Total VALLEY PAVING INC $ $7,557.00 15a h k # 020111 & .... ... .... ... ... .. ... .. .... ............ E 100-42100-321 T Telephone $ $52.64 2 2800263601 Total VERIZON WIRELESS $ $52-64 Paid 6k# 020112 ElOD-43170-300 P Professional Srvs (GENERAL) $ $336.50 1 1204200 E 100-43170-300 P Professional Srvs (GENERAL) $ $238.00 1 1204200 E 100-43170-300 P Professional Srvs (GENERAL) $ $5.00 1 1204200 E 100-43170-300 P Professional Srvs (GENERAL) $ $833.00 1 1204200 G 500-20247 Sunram $ $178.50 1 1204200 E 401-41900-300 P Professional Srvs (GENERAL) $ $30,490.96 1 1204201 E 100-43170-300 P Professional Srvs (GENERAL) $ $5,349.45 1 1204202 Total WENCK ASSOCIATES, INC. $ $37,431.41 II Ch k# 020113 1 10/11/201 E 100-42100-220 R Repar/Maint Supply (GENERAL) $ $20.00 6 689821 Total W WESTSIDE WHOLESALE TIRE $ $ .. 20.00 0201 14 10111/2012 ZIEGLER INC CELL SERVICE GENERAL ENGINEERING COUNCIL MEETINGIENG ASSISTANCE STORMWATER/WCA. PAMEMENT MANAGEMENT/CIP ENGINEERING ENGINEERING PUBLIC WORKS FACILITY #555 TIRE REPAIR 0 -43100 -420 Repair/Maint Supply (GENERAL) $154-92 PCO01413331 SUPPLIES Total ZIEGLER INC $154.92 10100 Farmers State Bank $17360394 CORCORAN, MN 10/04/122:12 PM Page 5 *Check [detail Register@ October 2012 Check Amt Invoice Comment Fund Summary 10100 Farmers State Clank 100 GENERAL FUND $39,448.31 205 DWI FORFEITURE FUND $15.83 401 TAX INCREMENT FINANCING $125,984.30 415 PARK CAPITAL FUND $420.00 500 ESCROW HOLDING FUND $7,735.50 $173,603.94 City of Corcoran Consultant Summary 10/11/2012 Name Invoice Date Check # Amount Due Carson, Clelland & Schreder 09/30/12 20082 Northland Securities 09/11/12 20099 Rolf Erickson Enterprises Inc 09/30/12 20102 Wenck Associates Inc 09/30/12 20112 Tota I 5,477.03 5,520.00 4,141.39 37,431 Al 52,569.83 HACity Hall Information\CITY GOVERNMENT1Council, Commissions & Committees\Council Information\Council Claims12C12 Claims CARSON, CLELLAND & SCHREDER Attorneys at Law 6300 SHINGLE CREEK PARKWAY STE 305 MINNEAPOLIS, MN 55430 -2190 (763) -561 -2800 September 28, 2012 CITY OF CORCORAN 8200 CO RD 116 CORCORAN, MN 55340 Professional Services Amount ..Civil 9/5/2012 Conference with Kendra regarding code enforcement and the Patnode plat 46.67 9/13/2012 Prepare for meeting and review agenda 140.00 Attend meeting 560.00 SUBTOTAL: [ 746.671 .Moonlit Acres 9/12/2012 Review information from Kendra and correspondence to Kendra 93.33 9/18/2012 Prepare for staff meeting; review Moonlit Acres file 70.00 9/19/2012 Attend staff meeting regarding Moonlit Acre issues 210.00 SUBTOTAL: [ 373.33] .Public Works - Roehlke 9/5/2012 Work on Construction Management Contract; correspondence to Kent and Dan 140.00 9/7/2012 Review contract documents (Ebert) 140.00 9/10/2012 Conference with Kendra regarding title issues and correspondence to Attorney Pearson 93.33 9/11/2012 Review AIA Contract information and correspondence to engineer and administrator 280.00 9/12/2012 Review correspondence regarding title work; work on general contractor issues and 210.00 conference with staff; review information for Architect's Contract 9/14/2012 Receipt and review updated title on Roehlke property 70.00 9/17/2012 Review General Manager's contract for meeting of 9119/12 140.00 9/18/2012 Review notes for needed closing information 70.00 9/19/2012 Meet at Ebert's office and review contract 210.00 9/21/2012 Review Architect's contract and note to Kent 140.00 9/2412012 Review architect's request for additional dollars and email correspondence to Kent 93.33 SUBTOTAL: [ 1,586.661 CITY OF CORCORAN Page 2 Amount .Sewer and Water 9/5/2012 Review correspondence and photos from Attorney Barnard regarding trespass on Geurs 350.00 property from contractor; conferences with Dale Claridge (3) and conference with Barnard 9/6/2012 Conference with Dale Claridge regarding Geurs trespass; correspondence to Attorney 140.00 Barnard and conference with Barnard 9/10/2012 Conference with Gmach regarding negotiations (Schommer) 46.67 9/12/2012 Conference with Jeanie; review files for presentation to council; review Met Council 280.00 easement requirements and conference with Claridge regarding division of Schommer costs 9/13/2012 Prepare for closed session for discussion of needed easements 140.00 9/14/2012 Record easements for Ebert, Corcoran Land, LLC and Chastek; correspondence to Dale 140.00 Claridge regarding negotiations and call to Attorney Barnard 9/17/2012 Conference with Dale Claridge regarding Schommer appraisal (Ruppert) 46.67 9/18/2012 Review information received from Dale and correspondence regarding appraisals 70.00 9/19/2012 Review Schommer appraiser for Dale and draft memorandum to council 93.33 9/21/2012 Conference with Jeanie; review notes and draft memorandum to council 140.00 9/24/2012 Review Schommer negotiations with Dale (Met Council) 46.67 SUBTOTAL: [ 1,493.34] Criminal 8/28/2012 Correspondence with defense attorneys and witnesses; review discovery and files in 47.50 preparation for 8/29/12 Arraignment and Pretrial calendar 8/29/2012 Attend Arraignment, Pretrial and In Custody calendar 95.00 8/30/2012 Attend prosecution meeting 23.75 8/31/2012 Prepare disposition letters; review files; instructions to legal assistant; prepare 47.50 correspondence to witnesses and victims; correspondence to defense attorneys, defendant; review files in preparation for 9/4112 Arraignment and Pretrial calendar 9/4/2012 Attend Arraignment, Pretrial and In Custody calendar 47.50 9/6/2012 Preparation of disposition letters; correspondence to victims and witnesses; note files 31.67 9/7/2012 Jury trial preparation; confirm case resolutions; identified witnesses; review files; review 31.67 orders Review criminal file and prepare amended complaint 31.67 9/11/2012 Correspondence with victims, witnesses and defense attorneys; jury trial preparation; 47.50 memorandums to the files; preparation for 9/12112 Arraignment and Pretrial calendar Preparation of one complaint 40.00 Attend Arraignment and Pretrial hearings and Court Trials 31.67 9/12/2012 Attendance at Arraignment, Pretrial and In Custody calendar 71.25 9/13/2012 Confirm case resolution; preparation of disposition letters; preparation of correspondence to 31.67 witnesses, victims; memorandums to the files; select witnesses for jury trials 9/14/2012 Correspondence with defense attorneys; review discovery; jury trial preparation; 47.50 memorandums to the files; preparation of disposition letters; prepare correspondence to victims and witnesses; select witnesses for jury trial 9/17/2012 Preparation of two complaints 80.00 9/19/2012 CAII with Detective Gottwaldt 31.67 Preparation of one complaint 40.00 Attend Arraignment, Pretrial and in custody calendar 71.25 9/24/2012 Preparation of criminal complaints; preparation of cases for trial, court and jury; contact and 236.25 notice to witnesses for trial testimony for monthly period Select witnesses for upcoming case 2175 CITY OF CORCORAN SUBTOTAL: Vehicle Forfeiture: 8/28/2012 Review status of forfeiture cases SUBTOTAL: For professional services rendered Client Expense Charges Civil Expenses Recording fees Recording fees regarding sewer and water project SUBTOTAL: Criminal Expenses: Monthly service fee SUBTOTAL: Total Client Expense Charges Total amount of this bill Previous balance 9/21/2012 Payment -thank you Total payments and adjustments Balance due I hereby declare under the penalties of perjury that the that no part thereof has been paid. Carson, City Attorney Page 3 Amount [ 1,108.77] 15.83 [ 15.83] $5,324.60 92.00 46.00 [ 138.00] 14.43 [ 14.43] $152.43 $5,477.03 $6,323.75 ($6,323.75) ($6,323.75) $5,477.03 statement for legal services is just and correct and NORTHLAND SECURITIES INC 45 SOUTH 7TH STREET SUITE 2000 MINNEAPOLIS, MN 55402 USA Voice: 612-851-4915 Fax: 612-851-5951 NORTHLAND SECURITIES Sold To: CITY OF CORCORAN DAN DONAHUE, ADMINISTRATOR CITY HALL-8200 CO. ROAD 116 CORCORAN, MN 55340-2100 Invoice Invoice Number: 3031 Invoice Date: 9/11/12 Customer P0 Payment Terms Sales Rep ID Due Date (Financial Planning Net 30 Days 10/11/12 I Page: I Description Amount Services provided related to Financial Planning. 2,160. -6-61 lease see attached detail. Check No: Subtotal 2,160.00 Sales Tax Total Invoice Amount 2,160.00 Payment Received TOTAL 2, 160.00 Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 'roir,,..1-800-851-2920 Main 612 - 851 -5900 1-612-851-5987 www.northiandsecurities.com Member FINKA and SIPC NORTHLAND STRATEGIES Special Projects Group INVOICE SUPPLEMENT Client: City of Corcoran Project: Financial Planning Contact: Dan Donahue City Administrator City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 Billing Period: August 2012 Services Performed • Update analysis based on new CIP information • Prepare report and analysis of debt structure • Finalize utlity fund pro forma for financial management plan Staff Time Position Hours Rate BilIable Senior Professional 13.50 $160 $2,160.00 Professional - $135 $0.00 Support - $105 $O.00 Total Staff 13.50 $2,160.00 Expenses Mileage $0.00 Printing $0.00 Other $0.00 Total Expenses $0.00 Total T.tis Perini $2;160 flQ is Project Summary Total Budget $ 5,000.00 Billed This Period ($2,160.00) Billed Previous ($2,800.00) Budget Remaining $ 40.00 Northland Securities, Inc. Page 2 of 2 NORTHLAND SECURITIES INC 45 SOUTH 7TH STREET SUITE 2000 MINNEAPOLIS, MN 55402 USA Voice: 612- 851 -4915 Fax: 612•-851 -5951 a., NORTHLAND..., SECURITIES Sold To: CITY OF CORCORAN DAN DONAHUE, ADMINISTRATOR CITY HALL --8200 CO. ROAD 116 CORCORAN, MN 55340 -2100 Invoice Invoice Number: 3032 Invoice Date: 9/11/12 Page: 1 i Customer PO Payment Terms Sales Rep ID Due Date�� Utility Syst Part II ! Net 30 Days — -_ 1_ 10/11/12 Description Amount Services provided related to Utility System Financial Planning, Part II 3,360.00 Please see attached detail. Subtotal 3,360.00 Sales 'rax Total Invoice Amount 3,360.00 Check No: Payment Received TOTAL 3,360.00 Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Tort Free 1 -800- 851 -2920 Main 612 -851 -5900 F-612-851-5987 www.northiandsecuriciLs.com Member FINRA and SIPC NORTI ILAND STRATEGIES Specio! Protects Group INVOICE SUPPLEMENT Client: City of Corcoran Project: Utility System Financial Planning, Part II Contact: Dan Donahue City Administrator City of Corcoran 8200 County Road 116 Corcoran, Minnesota 55340 Billing Period: August 2012 Services Performed • Complete analysis and review to develop financial management plan • DeveIop debt structuring • DeveIop preliminary draft financial management plan • Attend city council meeting to present plan • Follow -up discussion and analysis of plan, new alternatives • Attend city council meetings to present plan Staff Time Position Hours Rate Billable Senior Professional 21.00 $160 $3,360.00 Professional - $135 $0.00 Support - $105 $0.00 Total Staff 21.00 $3,360.00 Expenses Mileage $0.00 Printing $0.00 Other $0.00 Total Expenses $0.00 Total , is: Period $3,360 00' Project Summary 'Total Budget ( *from December 2010 Agreement) $ 7,140.00 Billed This Period ($3,360.00) Billed Previous ($2,352.00) Budget Remaining $ 1,428.00 Northland Securities, Inc. Page 2 of 2 STATEMENT 24- Sep -12 ROLF ERICKSON ENTERPRISES, INC. SOUTWEST ASSESSING P O BOX 47841 PLYMOUTH, MN 55447 CITY OF CORCORAN 8200 Co. Rd, 116 CORCORAN, MN 55340 SEPTEMBER 2012 ASSESSING FEE COUNTY DATA FEE POSTAGE $4,107.00 $16.39 w1 TOTAL $4,141.39 October 4, 2012 Mr. Dan Donahue City Administrator City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Dear Dan: Wenck Associates, Inc. 1800 Pioneer Creek Ctr. P.O. Box 249 Maple Plain, MN 55359 -0249 (763) 479 -4200 Fax (763) 479 41242 E -mail; wenckmp@wenck.com Enclosed are our invoices for September 2012. Unbilled time for council meetings, travel, etc. totaled 7.4 hours last month. Project work involved the sewer and water project, Public Works facility, Trail Haven, and assessment policy. Unbilled hours include meeting tirne over an hour, tours of sewer project, etc. If you have any questions as you review these invoices, please feel free to contact me. Sincerely, WENCK ASSOCIATES INC. Kent Torve, P.E. 'r.\2294- Corcoranl lnvoicesVO121SeptembeASeptemher 2012 invoice cover ietter.ocx City of Corcoran September 2012 Invoices Invoice # Wenck proje ct # Plea sect � �: ........... Project name I ... ... . .... . Subtotal Total 1204200 294-01 General EnLineering Set-vices - - Genera[ $336-50 ---Assistance 500-02 Council Meetings and Engineering_ $238.00 600-01 - --700 Storrnwater/\� TCA General Tasks $5.00 -05 Pavement Management and CIP $833.00 $1,412.50 1204201 2294-10 Sewer and Water Utility Pro ject - 01 Pre-Project Concept Development $690.20 06 Construction Survey $71,968.46 07 COnStrILIC6011 $17,981.80 I I Easements and Utilities $2,265.00 14 MCES Forcernain Construction $1,585.50 1204202 2294 -13 - - Public Works Buildi $30,490.96 1reconstruction Engineering & Peri-nittinp, $5,349.45 _$5,3.49.45 ON Projects Subtotal $37,252.91 Invoice # Wenck Escrow 9 - prQject # 1204200 2294-01 500-20247 Sunrarn Permits T:1 2294-Cor„ oranhln%-o;cest20121$eptemblfkSePtert4ber 2012 Invoice coar Ietler.docx Project name Total O 2'2 $178.50 Escro w Pro L*Ielcts Su �ot Notal �_ _1171�.50 SEPTEMBER 2012 TOTAL 1 $37,431.41 invoice wer%ick S .. k'fenck Aswciares, Inc, Invoice No: 1204200 I IBM ftrMertteekcenier PA, Box ze maple plait, Flt! 55359 -0249 (763) 479.42M c : 6` 4 City of Corcoran ° n 'i e-rtiak aL000qtirvgathYblGk,WST1 8200 County Road 116 Corcoran, MN 55340 Project 2294 -01 Corcoran General Engineering Services Professional Services Throuqh Sggtember 30, 2012 Phase 500 -01 General Professional Personnel Flours Rate Amount Nelson, Susan 2.30 60.00 138.00 Torve, Kent 1.50 119.00 178.50 Totals 3,80 316.50 Total Labor 316.50 Reimbursable Expenses Telephone 20.00 Total Reimbursables 20.00 20.00 Phase Total $336.50 -------------------------------------------------- Phase 500 -02 Council Meetings and Engineering Administrative Professional Personnel Hours Rate Amount Torve, Kent 2.00 119.00 238.00 Totals 2.00 238.00 Total Labor 238.00 Phase Total $238.00 -------------------------------------------------- Phase 600 -01 Stormwater/WCA General Tasks Reimbursable Expenses Field Supplies - Reimbursable 5.00 Total Reimbursables 5.00 5.00 Phase Total $5.00 -------------------------------------------------- Phase 700 -05 Pavement Management and CIP Professional Personnel Hours Rate Amount Vander Top, Vincent 7.00 119.00 833.00 Totals 7.00 833.00 Total Labor 833.00 Phase Total $833.00 Phase 800 -04 Sunram Permits, Acct. #500 -20247 Professional Personnel INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to 1 -1/2% 181% annum interest/finance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to 1 -1/2% 181% annum interest/finance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 Project 2294 -01 Corcoran General Engineering Services Invoice 1204200 Hours Rate Amount Torve, Kent 1.50 119,00 178.50 Totals 1.50 178.50 Total Labor 178.50 Phase Total $178.50 Total Invoice Amount $1,591.00 INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of Invoice are subject to 1 -1/20/a 18% annum Page 2 Interest/finance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 Invoice .. Wenck . ; September 30, 2012 wenckAss«;Ates, Inc. Invoice No. 1204201 1B00PiDr"rcreekCoater P.O. aw 249 MbP$u P4vn, MN 55359-0249 (76� 479.4200 Dan Donahue rax(763)479.4242 c,me0: xcawfiNgwenck.com City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Project 2294 -10 Sewer and Water Planning Professional Services Through September 30, 2012 _ _ _ _ _ - - - ` _ _ i - - - W - - ^ _ _ , Phase 01 PRE- PROJECT CONCEPT DEVELOPMENT Professional! Personnel Hours Rate Arnount Torve, Kent 9/20/2012 2150 119,00 297.50 Water Agreement analysis Torve, Kent 9121/2012 2.50 119.00 297.50 Water Agreement analysis and modifications Torve, Kent 9127/2012 .80 119.00 95.20 Water Agreement review and presentation information Totals 5.80 690.20 Total Labor 690.20 Phase Total $690.20 -------------------------------------------------- Phase 06 CONSTRUCTION SURVEY Professional Personnel Hours Rate Amount Boeli, James 9/24/2012 1.00 138.00 138.00 survey files Quisberg, Jason 915/2012 4.00 132.00 528.00 Stake water main. Quisberg, Jason 9/10/2012 9150 132.00 1,254,00 Stake gravity san. Quisberg, Jason 9/20/2012 8.00 132,00 1,056.00 Stake sanitary and water. Quisberg, Jason 9/25/2012 5.50 132.00 726.00 Stake watermain and forcemain. Schmidt, Rowdy 9/5/2012 3.00 89.00 267.00 survey Schmidt, Rowdy 9/10/2012 6.00 89.00 534.00 staking Schmidt, Rowdy 9/13/2012 1100 89.00 89.00 staking Schmidt, Rowdy 9/17/2012 2.00 89.00 178.00 surveying Schmidt, Rowdy 9/18/2012 2.00 89.00 178.00 surveying Schmidt, Rowdy 9/19/2012 2.00 89.00 178.00 INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to 1 -1/2% 18% annum interest/finance charge. Please reference the Invoice number when sending payment. federal Tax ID #41-- 1520095 Project 2294 -10 Sewer and Water Planning Invoice 1204201 surveying Schmidt, Rowdy surveying Schmidt, Rowdy survey Schmidt, Rowdy survey Schmldtr Rowdy survey Schmidt, Rowdy survey Totals Total Labor Reimbursable Expenses 9120/2012 9/24/2012 9/25/2012 9/26/2012 9/28/2012 4.00 2.00 6.00 2.50 3.00 61,50 89.00 89.00 89.00 89.00 89.00 356.00 178.00 534.00 222.50 267.00 6,683.50 6,683.50 Equipment Rental 870,00 Field Supplies - Reimbursable 414.96 Total Reimbursables 1,284.96 1,284.96 Phase Total $7,968.46 r........... ---------------- ..........r--- .------- -...., --- - - - - -- Phase 07 CONSTRUCTION Professional Personnel Libby, Heather 9/4/2012 2.00 100.00 200,00 Construction meeting and site visit Libby, Heather 9/512012 1150 100.00 150.00 easement issues and meeting minutes Libby, Heather 9/5/2012 1.50 100.00 150.00 review pay app #1 Libby, Heather 9/6/2012 2.00 100.00 200.00 pay request and construction management Libby, Heather 9/10/2012 1.50 100.00 150.00 construction management Libby, Heather 9/11/2012 1150 100.00 150,00 construction meeting Libby, Heather 9/12/2012 1.50 100.00 150.00 construction management Libby, Heather 9/1312012 1.00 100.00 100.00 site visit Libby, Heather 9/17/2012 1.00 100.00 100.00 construction management Libby, Heather 9/18/2012 2.00 100.00 200.00 construction meeting and site visit Libby, Heather 9/18/2012 1.00 100.00 100.00 meeting minutes Libby, Heather 9/20/2012 2.00 100.00 200.00 communication with property owners Libby, Heather 9/24/2012 2.00 100.00 200.00 meeting onsite with property owners Libby, Heather 9/25/2012 3.00 100.00 300.00 construction meeting and minutes Schmidt, Rowdy 9/5/2012 8.00 89.00 712.00 field work INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to 1 -1/2% 18% annum Page 2 Interest/ftnance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 Project 2294 -10 Sewer and Water Planning Invoice 1204201 Schmidt, Rowdy 916/2012 10.00 89.00 890.00 field work Schmidt, Rowdy 9/7/2012 6.00 89.00 534.00 field work Schmidt, Rowdy 9/10 /2012 4.50 89.00 400.50 field work Schmidt, Rowdy 9/11/2012 9.00 89.00 801.00 field work Schmidt, Rowdy 9/12/2012 12.50 89.00 1,112.50 field work Schmidt, Rowdy 9/13/2012 12,00 89.00 1,068.00 field work Schmidt, Rowdy 9/14/2012 4.00 89.00 356.00 field work Schmidt, Rowdy 9/17/2012 8.00 89.00 712.00 field work Schmidt, Rowdy 9118/2012 7.00 89.00 623.00 field work Schmidt, Rowdy 9/1912012 7.00 89.00 623.00 field work Schmidt, Rowdy 9/2012012 6.00 89.00 534.00 field work Schmidt, Rowdy 9/21/2012 5.00 89.00 445.00 field work Schmidt, Rowdy 9124/2012 8.00 89.00 712.00 field work Schmidt, Rowdy 9/25/2012 4.00 89.00 356.00 field work Schmidt, Rowdy 9/26/2012 2.50 89.00 222.50 field work Schmidt, Rowdy 9/27/2012 5.50 89.00 489.50 field work Schmidt, Rowdy 9/28/2012 6.00 89.00 534.00 field work Torve, Kent 9/412012 4.50 119.00 535.50 Weekly meeting, water financial planning and construction site visit Torve, Kent 9/5/2012 5.50 119.00 654.50 Pay Requests Change Orders and easement issues Torve, Kent 9/6/2012 3.50 119.00 416.50 Packet material, change order on notice to proceed (no 2) Torve, Kent 9/12/2012 1.50 119.00 178.50 Maple Hill Road review and contractor coordination Torve, Kent 9/13/2012 1.00 119.00 119.00 Maple Hill Road review and contractor coordination Torve, Kent 9/1812012 3,50 119.00 416.50 Construction meeting, landowner restoration coordination and meeting followup Torve, Kent 9/19/2012 1.50 119.00 178.50 Construction coord €nation and geotech review Torve, Kent 9/2012012 2.50 119.00 297.50 Geotech review and site visit Torve, Kent 9124/2012 1.20 119.00 142.80 Meeting with Schommer for restoration and water contract revisions to maple g rove INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days or invoice are subject to L -1/2% 18% annum Page 3 interest /finance charge. Please reference the invoice number when sending payment. Federal Tax I4 #41- 1520095 Project 2294 -10 Sewer and Water Planning Invoice 1204201 Torve, Kent 9/25/2012 3.50 119.00 416.50 Construction meeting, on site with landowner Leuer and punch list items Vander Top, Vincent 9/14/2012 1.00 119.00 119.00 Review survey requirements with Rowdy Vander Top, Vincent 9/2412012 1.00 119.00 119.00 Assist with survey and construction items Ward, Jared 9/4/2012 7.80 110.00 858.00 Construction Inspection of gravity sewer, forcemain and water main. 302.00 Ward, Jared 9/5/2012 .50 110,00 55.00 Downloading photos, typing observation report. 151.00 Totals 187, 00 17,981.80 Total labor 17,981.80 Phase Total $17,981.80 Phase 11 E=ASEMENTS AND UTILITIES Professional Personnel Hours Rate Amount Claridge, Dale 9/5/2012 5150 151.00 830.50 Review Geurs /Leuer construction issues, discuss with Heather, Kent, and city attorney; review status of Hennepin County ROW /Utility permits and provide copies to Heather; respond to questions on MG water connection costs Claridge, Dale 9/6/2012 3.50 151.00 528.50 Prepare responses to Geurs construction issues raised, review and finalized, foiiowup communication with attorney Claridge, Dale 9/17/2012 2.00 151.00 302.00 Schommer easement/appraisal, communication, land use and zoning maps Claridge, Dale 9/18/2012 1.00 151,00 151.00 Followup on easements /condemnation, tracking down schommer appraisal report, communication Claridge, Dale 9/2012012 .50 151.00 75.50 Followup on easements Claridge, Dale 9/21/2012 .50 151.00 7550 Communication with Met Council and City Attorney regarding Schommer appraisal and easement endorsement Claridge, Dale 9/24/2012 SO 151.00 75.50 Followup with City Attorney and Met Council on Schommer Easement endorsement; communication Claridge, Dale 9/2512012 .50 151.00 7550 Responded to construction questions Claridge, Dale 9/26/2012 .50 151.00 75.50 Misc communication regarding schommer easement Claridge, Date 9/28/2012 .50 151.00 75,50 Communication with City Attorney on schommer easement and action taken by City Council Totals 15.00 2,265.00 Total labor Phase 14 MCES Forcemain Construction Professional Personnel 2,285.00 Phase Total $2,265.00 Hours Hate Amount Claridge, Dale 915/2012 1.00 151,00 151.00 INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to I -1/2% 18% annum Page 4 interest/finance charge. Please reference the invoice number when sending payment. f=ederal Tax ID #41- 1520095 Project 2294 -10 Sewer and Water Planning Invoice 1204201 Fopowup with city attorney and MCES on status of Schommer easement negotiations and condemnation schedule Claridge, Dale 9/7/2012 1.00 151.00 151.00 Review and send attorney typical easement terms and conditions to use for Schommer easement agreement, followup communication Claridge, Dale 9/12/2012 1.00 151.00 151.00 Schommer easement status and Met Council endorsement, communication; condemnation status Claridge, Dale 9/1312012 .50 151.00 75.50 Schommer easement status and Met Council endorsement, communication Claridge, Dale 9/14/2012 2.00 151.00 302.00 Followup with attorney and MCES on Schommer easement, settlement endorsement, etc., appraisal differences, zoning maps, communication Claridge, Dale 9/17/2012 1.00 151.00 151.00 Schommer easementiappraisal, communication, land use and zoning maps Claridge, Dale 9/19/2012 1.50 151.00 226.50 Obtain and repackage pieces of Ruppert's appraisal report and forward to Met Council as requested Claridge, Dale 912412012 .50 151.00 75.54 Followup with City Attorney and Met Council on Schommer Easement endorsement; communication Claridge, bale 9/26/2012 1.50 151.00 226.50 Call from Harold Voth of Brown & Caldwell regarding MC Lift Sta, wetlands, and access road; sent him project information. Followup on easements. Claridge, Dale 9/2812012 150 151.00 75.50 Followup with Brown & Caldwell on Lift Station information Totals 10.50 1,585.50 Total Labor 1,585.50 Phase Total $1,585.50 Total Invoice Amount $30,490.96 INVOICES ARE DUE UPON PRESENTATION. Invoice balances not paid within 30 days of invoice are subject to 1 -112% 18% annum Page 5 interest/finance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 Invoice September 30, 2012 Invaice No: 1204202 Dan Donahue City of Corcoran 8200 County Road 116 Corcoran, MN 55340 Project 2294 -13 Public Works Buifding Professional Services Through September 30, 2012 Phase 18 PRE - CONSTRUCTION ENGINEERING & PERMITTING Professional Personnel Kelly, Patricla Summers, Matthew Terhaar, Edward Torve, Kent Totals Total Labor Reimbursable Expenses Report Supplies Postage and Shipping Engineering Supplies Total Reimbursables .-Wenck _. v3� Wwck Associates, Inc. IBM FAneer Crock Center P.O. eox 249 Maple Plain, W; 55399 -0244 (763)479-4200 Fax (763) 473.4242 e-nierl: acc4unNn9k.bweck.c0m Hours Rate Amount 1.00 55.00 55.00 1.30 73.00 94.90 10.00 145.00 1,450.00 26.40 119.00 3,141.60 36.70 4,741.50 4,741.50 101.70 6,25 500.00 607.95 607.95 Phase Total $5,349.45 Total Invoice Amount $5,349.45 INVOICES ARE DUE UPON PRESENTATION. invoice balances not paid within 30 days of invoice are subject to 1 -1/2% 18% annum interest/finance charge. Please reference the invoice number when sending payment. Federal Tax ID #41- 1520095 City of Corcoran Budget Tracking 2012 Totals to Project # Phase # Project/ phase name Sep 2012 Total to Date 2012 Pass. throw hs Date Since Inception 2294 -61 Gem En' . Svcs 100 -02 Resident Communication -- $ 1,963.50 $ 5,298.05 200 Planning $ 535.50 $ 1,341.20 200 -01 City Hall Geothermal $ $ 15,038.67 500 -01 General Meetings Gen En r & CIP $ 336.50 $ 3,68280 $ 17,418.37 500 -02 Council Meetings 2 @ $114 ea $ 238.00 $ 1.666.00 $ 7,488.60 500.03 Planninq Meetin s $ $ 600 -01 Stormwater/WCA General Tasks $ 5.00 $ 2,747.05 $ 19,192.80 700 Municipal State Aid $ 4,273.50 $ 20,852.60 700 -01 MnDOT State Aid $ 2,984.10 $ 15,114.02 700 -02 Hennepin County Traffic Items $ $ 2,976.49 700 -03 City Traffic Items $ 3,677.50 $ 14,726.66 700 -04 Highway 55 Detour $ 1,032.20 $ 3,853.80 700 -05 Pavement Mana ement and CIP $ 833.00 $ 10,238.00 $ 17,982.00 800 Small Land Use Applications $ 725.90 $ 725.90 800 -03 Custom Filtration Escrow no. 500 -20278 $ $ 1,080.40 800 -04 Sunram Permits Escrow, no. 500 -20247 $ 178.501$ 178.50 $ 269.70 800 -05 Bakken Fill Permit $ 297.50 $ 297.50 800 -06 Hoe Church $ 297.50 $ 297.50 800 -07 Valley Paving Grading Permit Hwy 55 $ 193.00 $ 193.00 800 -08 Lees Moonlit Acres Private Driveway $ 649.50 $ 649.50 Month Subtotal ' Cumulative Annual $ 35,147.05 $ - 35,147.05 Cumulative All Years $144,796.76 : $144,796 76 2294.02 UnbillediHours Unbilled Hours - - -- - - 7.4 110.7 467,8 Cumulative Annual 9107 , 2294-1O.:. Sewer and;Water; Planning rTIF:Districts) 01 Pre - Project Concept Development $ 690.20 $ 8,003.77 $ 138,600.96 02 Feasibility Study $ 8,150.70: $ 28,561.81 03 Plans and Specifications $ 40,746.19 $ 55789.69 04 Bidding Assistance $ 13,469.30. $ 13,469.30 05 Prelimina /S eclat Survey $ 56,730.13 $ 99,389.20 06 Construction Survey $ 7,96846 $ 24,432.96 $ 24,432.96 07 Construction $ 17,981.80 $ 35,86125 $ 35,863.25 08 Record Plan Preparation - $- - $ 09 Contract Administration $ 36220 $ 373.60 10 Project Closeout $ $ 11 Easement and Utilities $ 2,265.00 $ 67,406.43 $ 84,612.43 12 MCES Forcemain Design $ 13,842.50 $ 13,842.50 13 Maple Grove Watermain Connection Design $ 15,819.07 $15,000 $ 15.819.07 14 MCFS Forcemain Construction $ 1.585,60.$ 2,169.50 $ 2,169.50 15 Ma le Grove Watermain Connection Constr. $ 89.00 $ 89.00 Month Subtotal Cumulative Annual $ 267,105.00 S 287,105.00. $ 15,000,00 Cumulative All Years $ 513,23327 $513,233.27 2294 -13'' -- .Public Works:Buildiri" 01 Pre - Project Concept Development $ 8,132.52 $ 25,709.88 02 Phase I Feasibility Stud $ 701.20 $ 1,183.20 03 Plans and Specifications $ $ 99.00 04 Bidding Assistance $ 489.50 $ 489.50 05 Preliminary/Special Survey $ 2,423.50 $ 2,423.50 06 Construction Survey $ $ 07 Construction $ $ 08 Record Plan Preparation $ -- $ 09 Contract Administration $ $ 10 Project Closeout $ $ 11 Easements and Utilities $ $ 12 Phase II Stormwater and -Transportation Plannin South Site $ $ 4,904.10 13 CR50 and CR30 Site Analysis $ $ 3,891.00 14 CR10 and Trail Haven Site Review $ $ 198.00 15 CR10 and Bechtold Property $ $ 410.40 16 Roehlke Property County Road 19 $ 6,882.60 $ 7,566.60 17 Roehlke Due Dili ence -- - - $ 11,731.11 $ 11,731.11 18 Preconsiructien Engineering & Permitting ;Si?';_.;.?3'. �5€ $ 6,669.45 $ 6,669.45 Month Subtotal $ 5.349.45 Cumulative Annual $ 37,029.88 $ 37,029.88 Cumulative Ali Years $ 65,275.74 $65,275.74 Monthly Total - All Projects ah}?z$3? %4[:i l 41 7:42294- Corcoran\Budgets and Rates etc \Budget tracker $400,000.00 $350,000.00 $300,000,00 $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 City of Corcoran 2012 Invoice Totals Jan Feb Mar Apr May Jun Jul Aug Sep - ... _3 � Monthly total „ m--6–Cumulative Annual - All Projects S70000.00 — .— __...- .... -._.- $60,000.00 5e5z75.74 $50.000.00 $40,000.00 -.._._._.,..__.._.__...._._._._..___...._. ..........................__...._...._.. ..... ..... .... .........._._.._......._..._............__.._._-_..........._......._._.._ ....... .. ... .... ......... ...... ...,..._........ .. ..... _._..._. ' $30,000.00 $20.000.00 _. .�._._........._.....___ 10,000.00 55,3a9.9s $0.00 Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ian Feb Mar Apr May Jun Jul Aug Sep ........................2010... .... .... .... ........... ....:? ....... 203. 1......... ..... .... ......... .. ..... . ..... ___..... Aii Includes 2294 - 01,2294 -05 '229413 T:\2294- CorcoraniBudgets and Rates etc0 udget tracker City of Corcoran Public Works Building* Invoice Totals, 2010 -2012 NeMonthrTotal -l- Cumulative total Corcoran Sewer and Water Utility Project 2294 -10 Fee Totals Since Project Inception 2009 Nov -Dec $7,474.50 2010 Jan-June $41,527,10 July -Dec $4,042.90 2011 Jan -June $ 65,336.13 July-Dec $107,747.64 2012 Jan • Sep $287,105.00 City of Corcoran $35,44 2012 General Engineering Services* $33,556.05 Invoice Totals $40,000.00 I $13,579.90 $ $10,623.55 59,290 -50 5 53.623,0.365.90 $35,000,00 - ' '3,- 3tl9'00� 5 51,592.00 7.05 $30,000.00 $25,000,00 $20,000.00 $20.535.00 $15,000.00 111 $20,000.00 i S5,00() 00 3-04 &6 So.00 , Jan Feb Mar Apr May Jun Jul Aug Sep a3Montly Total -0- Cumulative total S70000.00 — .— __...- .... -._.- $60,000.00 5e5z75.74 $50.000.00 $40,000.00 -.._._._.,..__.._.__...._._._._..___...._. ..........................__...._...._.. ..... ..... .... .........._._.._......._..._............__.._._-_..........._......._._.._ ....... .. ... .... ......... ...... ...,..._........ .. ..... _._..._. ' $30,000.00 $20.000.00 _. .�._._........._.....___ 10,000.00 55,3a9.9s $0.00 Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ian Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Ian Feb Mar Apr May Jun Jul Aug Sep ........................2010... .... .... .... ........... ....:? ....... 203. 1......... ..... .... ......... .. ..... . ..... ___..... Aii Includes 2294 - 01,2294 -05 '229413 T:\2294- CorcoraniBudgets and Rates etc0 udget tracker City of Corcoran Public Works Building* Invoice Totals, 2010 -2012 NeMonthrTotal -l- Cumulative total Corcoran Sewer and Water Utility Project 2294 -10 Fee Totals Since Project Inception 2009 Nov -Dec $7,474.50 2010 Jan-June $41,527,10 July -Dec $4,042.90 2011 Jan -June $ 65,336.13 July-Dec $107,747.64 2012 Jan • Sep $287,105.00 $35,44 $33,556.05 522,7a2.so $13,579.90 $ $10,623.55 59,290 -50 5 53.623,0.365.90 - ' '3,- 3tl9'00� 5 51,592.00 Includes 2294 - 01,2294 -05 '229413 T:\2294- CorcoraniBudgets and Rates etc0 udget tracker City of Corcoran Public Works Building* Invoice Totals, 2010 -2012 NeMonthrTotal -l- Cumulative total Corcoran Sewer and Water Utility Project 2294 -10 Fee Totals Since Project Inception 2009 Nov -Dec $7,474.50 2010 Jan-June $41,527,10 July -Dec $4,042.90 2011 Jan -June $ 65,336.13 July-Dec $107,747.64 2012 Jan • Sep $287,105.00