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City Council Packet 06-09-2020
City Council 1 of 3 June 9, 2020 CITY OF PLYMOUTH AGENDA Regular City Council June 9, 2020, 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 1.1 Instructions to participate in the Virtual Council Meeting 2. ROLL CALL 3. PLYMOUTH FORUM—Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission or Committee for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.1 Eagle to Bryant Lake Regional Trail Master Plan (Three Rivers Park District Commissioner Marge Beard) Eagle to Bryant Lake Regional Trail Project Summary Eagle to Bryant Lake RT Master Plan Power Point 5. APPROVE AGENDA —Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA —These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.1 Adopt proposed City Council Minutes May 26 Regular May 30 Closed Emergency 6.2 Approve disbursements (Res2020-175) Check Register Report - UB Refunds Check Register Report Invoice Expense Distribution Resolution 2020-175 1 City Council 2 of 3 June 9, 2020 6.3 Approve Site Plan amendment for parking upgrades at Kimberly Lane Elementary School located at 17405 Old Rockford Road (2020027 - Res2020-176) Planning Commission Report Planning Commission Minutes Aerial Map Notification Map Site Map Plans Resolution 2020-176 6.4 Amend 2019 Community Development Block Grant Annual Action Plan (Res2020-177) Amended 2019 Annual Action Plan CDBG-CV Funding Table HRA Resolution 2020-07 City Council Resolution 2020-177 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.1 Consider construction manager contract for Plymouth Creek Center Renovation and Expansion Project and Fire Station 1 and 2 Construction Projects (Res2020-178) RJM Recent Construction Manager Projects City of Plymouth Fire Stations 2 and 3 - A133ExhibitA-2019 - Working Draft - 001 DOCS-#210431-v1-City of Plymouth Fire Stations 2 and 3 - A201-2017 - Working Draft v2018 DOCS-#210433-v1-City of Plymouth Fire Stations 2 and 3 - A133-2019 - Working Draft - 001 (003) City Council Resolution 2020-178 8.2 Update on Fire Station 2 Construction Project Power Point Presentation Schematic Site Plan Exterior Perspectives Schematic First Floor Plan Schematic Second Floor Plan 8.3 Consider request to approve text amendments to the I-1, I-2 and I-3 zoning districts (Hops Craft Brewing Company, LLC - 2020018 - Ord2020-07, Res2020-179, Res2020-180) Planning Commission Power Point Presentation Planning Commission Report Planning Commission Minutes Narrative City Council Ordinance 2020-07 City Council Resolution 2020-179 2 City Council 3 of 3 June 9, 2020 City Council Resolution 2020-180 8.4 Consider Conditional Use Permit to allow a commercial use operated in conjunction with a brewery and accessory taproom in the I-2 Zoning District for property located at 12901 16th Avenue North (Hops Craft Brewing Company LLC - 2020019 - Res2020-181, Res2020-182, Res2020-183) Power Point Presentation Planning Commission Report Planning Commission Minutes Location Map Aerial Notification Area Map Conditional Use Permit Standards Applicant's Narrative Draft Site Plan Outdoor Patio Layout Petition - Remove No Parking at 16th Avenue Resolution - Parking on 16th Avenue City Council Resolution 2020-181 Resolution 2020-182 City Council Resolution 2020-183 9. REPORTS AND STAFF RECOMMENDATIONS 10. CLOSED MEETING PER MN STATUTE 13D.05, SUBDIVISION 3(C) 10.1 Closed Meeting per State Statute 13D.05, Subdivision 3(c), to consider offers relating to the City's possible purchase of 4710 Holly Lane 11. ADJOURNMENT 3 Regular City Council June 9, 2020 Agenda Number:1.1 To:Dave Callister, City Manager Prepared by:Sandy Engdahl, City Clerk Reviewed by:Laurie Hokkanen, Administrative Services Director Item:Instructions to participate in the Virtual Council Meeting 1. Action Requested: The Mayor provides instructions for the public to participate in the meeting by phone or online. 2. Background: Council meetings will be conducted virtually (via Zoom webinar/conference call) due to the state of local emergency for the COVID 19 pandemic. The Mayor, Council Members, and staff will participate in this meeting via telephone/video conference. To Watch the Meeting: - Online at https://ccxmedia.org/ccx-cities/plymouth - Cable Channel 16 (CCX Media) Written comments may be submitted for inclusion in the Council packet by emailing sengdahl@plymouthmn.gov. You may address the Council regarding an item that is on the agenda via telephone or via Zoom Conferencing Service at no cost. Please notify the City Clerk at sengdahl@plymouthmn.gov if you wish to speak to an item at the meeting or if you have questions about connecting to speak during the meeting. We ask that you notify her at least one hour prior to the meeting time to ensure she receives your message. She will provide the password to the meeting to you at that time. To Call In to the Meeting: (312) 626-6799 Using Zoom to Participate: https://zoom.us/join • Meeting ID: 898 2029 4062 • Password will be needed - obtain from City Clerk at least one hour prior to meeting 3. Budget Impact: N/A 4. Attachments: 4 Regular City Council June 9, 2020 Agenda Number:4.1 To:Dave Callister, City Manager Prepared by:Sonya Rippe, Project Coordinator Reviewed by:Diane Evans, Parks and Recreation Director Item:Eagle to Bryant Lake Regional Trail Master Plan (Three Rivers Park District Commissioner Marge Beard) 1. Action Requested: Three Rivers Park District Commissioner Marge Beard and staff will present the Eagle to Bryant Lake Regional Trail Master Plan. 2. Background: Three Rivers Park District (TRPD) has three regional trails in Plymouth which are Luce Line, Medicine Lake, and Bassett Creek. Staff has been collaborating as a member of the West Metro Regional Trails Study with TRPD staff to address gaps in regional trail networks while improving access to local and regional trails. One outcome of the study identified creating the Eagle to Bryant Lake Regional Trail. This would be a 16-mile north-south regional trail through central Hennepin County. 3. Budget Impact: N/A 4. Attachments: Eagle to Bryant Lake Regional Trail Project Summary Eagle to Bryant Lake RT Master Plan Power Point 5 Eagle to Bryant Lake Regional Trail - Master Plan Project Summary Spring 2020 Background: Three Rivers Park District is kicking off a master planning process for a new north- south regional trail through central Hennepin County. Identified as the Eagle to Bryant Lake Regional Trail (EBLRT), the planning process for this 16-mile long corridor will begin in Spring 2020. The EBLRT is envisioned to connect the communities of Maple Grove, Plymouth, Minnetonka and Eden Prairie and may include future extensions to Elm Creek Park Reserve to the north and the Carver County Regional Trail System to the southwest. As a regional trail, the EBLRT will be 10-feet wide, paved and multi-use supporting biking, hiking, dog-walking, running and in- line skating. The route will be selected to connect areas of high natural resource value, local parks or trails, and other planned or existing regional trails where fiscally, politically and publicly feasible. Three Rivers will be primarily responsible for all costs related to acquisition, development and construction as well as future operational and maintenance costs for the regional trail. Public and City Partner Engagement: In 2019 Three Rivers worked with the local communities to obtain public input at 12 events and identify the proposed EBLRT route between French and Bryant Lake Regional Parks. Three Rivers will build off of this work and balance future engagement efforts between residents and businesses along the proposed route and broader community. A project website with background information, project extents, and links to an online survey and interactive mapping tool will be developed to encourage this feedback from members of the public. For more information, visit the project website at: www.LetsTalkThreeRivers.org Tentative Project Time Line May – June 2020 City Council/Park Commission Engagement July – October 2020 Route Analysis and Public Engagement October – December 2020 Master Plan Production January – April 2021 Agency approvals 6 master planning Eagle to Bryant Lake Regional Trail 7 Eagle to Bryant Lake Regional Trail Proposed Alignment 4 Communities 16 Miles 1 Preferred Alignment (Identified in West Metro Trail Study) Master Plan Cooperative Agreement (2021 or later) Park District Responsible for Development (As funding allows) 8 Examples of Park District Regional Trails Next to roads 9 Examples of Park District Regional Trails Kiosk and Amenities 10 •West Metro Trail Study- Fall 2017- June 2019 •The Park District worked closely with Plymouth staff and the Parks and Recreation Advisory Commission •Outreach efforts: •12 in-person events including Plymouth’s Bark in the Park, a resident workshop at French Regional Park, and James J Hill Days in Wayzata •Online survey and mapping tools •700 people participated with comments Connecting with residents at Plymouth’s Bark in the Park and a community workshop at French Regional Park 11 12 13 14 General Proposed Process June 2020 City Council: Project Introduction August 2020 City Council: Alignment approval for public engagement August-Sept 2020 Public Engagement in Your Community! Sept 2020 Parks Commission: Recommendations for Alignment Sept.- Oct. 2020 City Council: Approval of Preferred Alignment Oct. – Dec. 2020 Draft Master Plan Production/30-day Comment Period Jan. 2021 City Council: Resolution of Support Feb. – April 2021 Metropolitan Council/Three Rivers: Review/Approval 15 •General Public: •Project website with interactive map •Online survey •Reach out to underrepresented groups •City-wide newsletter communication •Residents of Plymouth and Minnetonka: •Promote project website in City Newsletter •Work closely with City and Parks Commission •Engage residents along County Road 73 and Baker Road •Attend major city events Public Engagement Plan 16 QUESTIONS & PRELIMINARY FEEDBACK Maggie.heurung@threeriversparks.org Danny.mccullough@threeriversparks.org Please visit letstalkthreerivers.org for more project information and regular updates. 17 Regular City Council June 9, 2020 Agenda Number:6.1 To:Dave Callister, City Manager Prepared by:Sandy Engdahl, City Clerk Reviewed by:Laurie Hokkanen, Administrative Services Director Item:Adopt proposed City Council Minutes 1. Action Requested: Adopt attached minutes from regular meeting held on May 26 and closed emergency meeting held on May 30. 2. Background: N/A 3. Budget Impact: N/A 4. Attachments: May 26 Regular May 30 Closed Emergency 18 Proposed Minutes Page 1 of 5 Regular Meeting of May 26, 2020 Proposed Minutes Regular City Council Meeting May 26, 2020 Mayor Wosje called a Regular Meeting of the Plymouth City Council to order at 7:12 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 26, 2020. COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, Carroll, McGregor, Roehl, Davis, and Prom. (Councilmembers McGregor, Carroll, Willis, Davis, Prom, and Roehl participated remotely per State Statute 13D.021). COUNCIL ABSENT: None. STAFF PRESENT: City Manager Callister, Administrative Services Director Hokkanen, and City Clerk Engdahl. (Public Works Director Thompson, Community Development Director Juetten, Housing Manager Barnes, Economic Development Director Parr, Assistant City Engineer Payne, Public Safety Director Goldstein, Parks and Recreation Director Evans, Fire Chief Coppa, and City Attorney Mattick participated remotely). Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements There were no presentations and public information announcements. Approval of Agenda Motion was made by Councilmember Carroll, and seconded by Councilmember Davis, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Item No’s. 6.4 and 6.5 were removed from the Consent Agenda and placed under General Business as No’s. 8.3 and 8.4 respectively. Motion was made by Councilmember Davis, and seconded by Councilmember Carroll, to adopt the amended Consent Agenda that included the following items: (6.1) Council Meeting minutes from Regular Meeting of May 12, 2020. 19 Proposed Minutes Page 2 of 5 Regular Meeting of May 26, 2020 (6.2) Resolution Approving Disbursements ending May 16, 2020 (Res2020-160). (6.3) Resolution Approving an Encroachment Agreement for a Retaining Wall and Staircase on Property located at 13910 60th Avenue North (Res2020-161). (6.4)(This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). (6.5)(This item was removed from the Consent Agenda and placed under General Business as item No. 8.4). (6.6)Resolution Approving Renewed Lease Agreement with T-Mobile Central LLC, a Delaware Limited Liability Company for Water Tower located at 4425 Zachary Lane (Res2020-164). With all members voting in favor, the motion carried. Public Hearings (7.1) Public Improvement and Assessment Hearing and Awarding Contract for Schmidt Lake Road and Zachary Lane Pavement Rehabilitation Project (ST209005) Assistant City Engineer Payne presented this item. In response to questions from Council, Assistant City Engineer Payne and Public Works Director Thompson provided the following information: The proposed trails included with the project are from Nathan Lane to Zachary Lane. Clarity as to why trail improvements were included with this project. Details regarding the crossing design at 50th Avenue. Further detail regarding the calculation of the assessment. Mayor Wosje opened the public hearing. Mayor Wosje closed the public hearing. Per request of the Council, Public Safety Director Goldstein, and City Engineer LaBounty addressed the safety concerns around the proposed island in the crossing at 50th Avenue. Per request of the Council, Deputy Parks and Recreation Director Northway commented regarding the trail gap on the south side of Schmidt Lake Road. Motion was made by Councilmember Carroll, and seconded by Councilmember Roehl, to adopt a Resolution Revising Previously Approved Resolution for the Schmidt Lake Road and Zachary Lane Pavement Rehabilitation Project (ST209005 - Res2020-165), Resolution Ordering Improvement for the Schmidt Lake Road and Zachary Lane Pavement Rehabilitation Project (ST209005 - Res2020-166), 20 Proposed Minutes Page 3 of 5 Regular Meeting of May 26, 2020 Resolution Adopting Assessments for the Schmidt Lake Road and Zachary Lane Pavement Rehabilitation Project (ST209005 - Res2020-167), and Resolution Awarding the Contract for the Schmidt Lake Road and Zachary Lane Pavement Rehabilitation Project (ST209005 - Res2020-168). With all members voting in favor but Prom, the motion carried. (7.2) Public Improvement and Assessment Hearing, Approve Traffic Signing Modifications, Award Contract, and Approve Construction Engineering Services Agreement for the 2020 Street Reconstruction Project (ST209001) Assistant City Engineer Payne presented this item. In response to questions, Assistant City Engineer Payne, City Engineer LaBounty, Public Works Director Thompson, and City Attorney Mattick provided the following information: Further detail regarding special benefit along the 24th Avenue segment of the project. This segment does not currently have a water main nor a paved road. The construction cost for the 24th Avenue segment is approximately $300,000. Further explanation detailing how this segment is included within the larger CIP. The benefits the City receives from this improvement. Explanation as to why removing this segment from the overall reconstruction project would not be beneficial. The contractor is required to get base course of pavement down prior to the winter. 24th Avenue is not currently a through-street, but the project is proposing to make that connection. The City has right-of-way on that property where the connection is proposed to be made. The City plans to cycle out the older equipment used for gravel road maintenance. The resolutions could be adopted tonight and still allow the 24th Avenue segment to be removed from the project. If the 24th Avenue segment was removed from the project after adoption of the resolutions, the assessments against those properties would need to be decertified. Mayor Wosje opened the public hearing. City Clerk Engdahl read into record correspondence from Richard Marple, 12715 15th Avenue North and Dina Bergren, 1225 Oakview Lane North. Mayor Wosje closed the public hearing. Per request from the Council, Assistant City Engineer Payne addressed questions from Mr. Marple’s and Ms. Bergen’s correspondence. Mayor Wosje reopened the public hearing as another email was received regarding this project. City Clerk Engdahl read into record the correspondence from Jeremy Small, 12312 12th Avenue North. Mayor Wosje closed the public hearing. 21 Proposed Minutes Page 4 of 5 Regular Meeting of May 26, 2020 Per request of the Council, Assistant City Engineer Payne addressed the questions raised by Mr. Small and explained the difference between barrier-style curb and surmountable curb. City Engineer LaBounty read into record correspondence from Josh Laurie, 1325 Pineview Lane North, and explained that staff will coordinate with the contractor to ensure access into and out of the site. In response to questions from the Council, Assistant City Engineer Payne spoke in further detail regarding how staff will address water issues at the intersection Kirkwood Lane and 12th Avenue North. Motion was made by Councilmember Willis, and seconded by Councilmember Roehl, to adopt a Resolution Ordering Improvement for the 2020 Street Reconstruction Project with the following amendment to paragraph 1 after 2020. “Except 24th Avenue from Lancaster Lane to Killmer Lane.” The Council inquired if removing the 24th Avenue segment could potentially cost the City more. Public Works Director Thompson stated yes. With Davis, Prom, Carroll, McGregor and Wosje voting no and Willis and Roehl voting yes, the motion failed. Motion was made by Councilmember Carroll, and seconded by Councilmember Prom, to adopt a Resolution Ordering Improvement for the 2020 Street Reconstruction Project (ST209001 - Res2020-169), Resolution Adopting Assessments for the 2020 Street Reconstruction Project (ST209001 - Res2020-170), Resolution Awarding the Contract and Approving Construction Engineering Services Agreement for the 2020 Street Reconstruction Project (ST209001 - Res2020-171), and Resolution Approving Traffic Signing Modifications for the 2020 Street Reconstruction Project (ST209001 - Res2020-172). With all members voting in favor but Willis, the motion carried. General Business (8.1) Contract for Peony Lane/Schmidt Lake Road Area Traffic Improvement Project (ST200004) Public Works Director Thompson presented this item. Motion was made by Councilmember Carroll, and seconded by Councilmember Willis, to adopt a Resolution Awarding the Contract for the Peony Lane and Schmidt Lake Road Intersection Improvements (ST200004 - Res2020-173). With all members voting in favor, the motion carried. (8.2) Temporary Outdoor Customer Service Areas Economic Development Director Parr presented this item. Motion was made by Councilmember Carroll, and seconded by Councilmember Prom, to adopt a Resolution Allowing Temporary Outdoor Customer Service Areas with amended language to state “City Manager” versus “City staff” (Res2020-174). With all members voting in favor, the motion carried. 22 Proposed Minutes Page 5 of 5 Regular Meeting of May 26, 2020 (8.3) Subordination of the Metropolitan Council Local Housing Incentives Account Loan for Stone Creek at Medicine Lake Apartments at 1020 West Medicine Lake Drive (Previously Item No. 6.4) Housing Manager Barnes provided further information regarding this item. Motion was made by Councilmember Willis, and seconded by Councilmember McGregor, to adopt a Resolution Approving Subordination of the Metropolitan Council Local Housing Incentives Account Loan to Facilitate Refinancing of 1020 West Medicine Lake Drive (Res2020-162). With all members voting in favor but Davis, Prom, and McGregor, the motion carried. (8.4) Extension of Terms to the Joint Powers Agreements with Wayzata School District 284 (Previously Item No. 6.5) Deputy Director of Parks and Recreation Northway presented this item. Motion was made by Councilmember Carroll, and seconded by Councilmember Willis, to adopt a Resolution Approving Extension of Terms to the Joint Powers Agreement Between the City of Plymouth and Wayzata Independent School District 284 (Res2020-163). With all members voting in favor, the motion carried. Reports and Staff Recommendations City Manager Callister clarified the study session for June 9 will begin at 5p.m. and the agenda will include budget goals. Adjournment Mayor Wosje adjourned the meeting at 9:13 p.m. _________________________________________ Sandra R. Engdahl, City Clerk 23 Proposed Minutes Page 1 of 1 Closed Emergency Meeting May 30, 2020 Proposed Minutes Closed Emergency City Council Meeting May 30, 2020 Mayor Wosje called a Closed Emergency Meeting of the Plymouth City Council to order at 2:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 30, 2020. COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, Carroll, McGregor, Roehl, Davis, and Prom. (Councilmembers McGregor, Carroll, Willis, Davis, Prom, and Roehl participated remotely per State Statute 13D.021). COUNCIL ABSENT: None. STAFF PRESENT: City Manager Callister, Administrative Services Director Hokkanen, Public Safety Director Goldstein, Deputy Police Chief Fadden, Communications Manager LaFave, City Attorney Mattick participated remotely. Closed Meeting per MN Statute 13D.05, Subdivision 3(d) Motion was made by Councilmember Prom, and seconded by Councilmember McGregor, to close the meeting as permitted by State Statute 13D.05, Subd. 3(d) to discuss future response procedures regarding civil unrest. With all members voting in favor, the motion carried. Motion was made by Councilmember Prom, and seconded by Councilmember McGregor, to move back into open session. With all members voting in favor, the motion carried. Adjournment Mayor Wosje adjourned the meeting at 3:00 p.m. _________________________________________ Sandra R. Engdahl, City Clerk 24 Regular City Council June 9, 2020 Agenda Number:6.2 To:Dave Callister, City Manager Prepared by:Carla Krueger, Finance Clerk Reviewed by:Laurie Hokkanen, Administrative Services Director Item:Approve disbursements (Res2020-175) 1. Action Requested: Adopt attached resolution approving disbursements for the period ending May 30, 2020. 2. Background: Attached are lists of City fund disbursements for the period ending May 30, 2020. 3. Budget Impact: N/A 4. Attachments: Check Register Report - UB Refunds Check Register Report Invoice Expense Distribution Resolution 2020-175 25 Check Payment Register - UB Refunds 05/17/2020 05/30/2020to 05/22/2020 $116.90 Check Date Paid:Amount: SCOTT BUCKINGHAM132317 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $150.00 Check Date Paid:Amount: BRIDGET CROSBY132318 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $54.18 Check Date Paid:Amount: IGOR EPSHTEYN132319 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $33.47 Check Date Paid:Amount: JAMES FIRNSTAHL132320 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $147.90 Check Date Paid:Amount: CASEY LETH132321 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $146.45 Check Date Paid:Amount: BETH LUNDQUIST132322 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $86.78 Check Date Paid:Amount: MARK PRINCE132323 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $31.54 Check Date Paid:Amount: MARK RAWSON132324 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $10.04 Check Date Paid:Amount: JOHN RUSH132325 Refund 05/22/2020 Overpayment - final account refund 05/22/2020 $43.39 Check Date Paid:Amount: BARBARA TENNESSEN132326 Refund 05/22/2020 Overpayment - final account refund 05/29/2020 $66.66 Check Date Paid:Amount: PETER BERGSLAND132480 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $28.77 Check Date Paid:Amount: RAJAT BHATNAGAR132481 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $24.48 Check Date Paid:Amount: ANNA BRAASCH132482 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $81.70 Check Date Paid:Amount: DHIRAJ CATOOR132483 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $17.36 Check Date Paid:Amount: CHANGING IMAGES DESIGNS LLC132484 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $118.80 Check Date Paid:Amount: KEVIN DOE132485 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $51.89 Check Date Paid:Amount: SAHAND ELMTALAB132486 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $129.43 Check Date Paid:Amount: JACOB FRESHWATER132487 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $255.67 Check Date Paid:Amount: BARBARA FRITZ132488 Refund 05/29/2020 Overpayment - customer request 05/29/2020 $60.58 Check Date Paid:Amount: JAMES HAUN132489 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $14.72 Check Date Paid:Amount: NICHOLAS JOHNSON132490 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $6.44 Check Date Paid:Amount: PAUL KROENING132491 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $87.08 Check Date Paid:Amount: TYLER LARSEN132492 Page 1 of 2 6/1/2020 26 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $156.15 Check Date Paid:Amount: LINDA LEIDIGER132493 Refund 05/29/2020 Overpayment - customer request 05/29/2020 $183.39 Check Date Paid:Amount: TRACY LIESMAKI132494 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $112.49 Check Date Paid:Amount: GREGORY LUEDKE132495 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $41.43 Check Date Paid:Amount: JASON MASSINGILL132496 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $29.55 Check Date Paid:Amount: CHRISTINE MYERS132497 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $53.90 Check Date Paid:Amount: JORDAN NOVAK132498 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $47.26 Check Date Paid:Amount: OPENDOOR PROPERTY J LLC132499 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $148.56 Check Date Paid:Amount: STANLEY ORNAT132500 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $8.61 Check Date Paid:Amount: LLOYD RACHOR132501 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $26.57 Check Date Paid:Amount: CRAIG RUDD132502 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $16.87 Check Date Paid:Amount: MATTHEW SHADDEN132503 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $41.33 Check Date Paid:Amount: VEERENDRA SHEKHAWAT132504 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $79.21 Check Date Paid:Amount: DAVID SINNOTT132505 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $56.68 Check Date Paid:Amount: RYAN WEICHE132506 Refund 05/29/2020 Overpayment - final account refund 05/29/2020 $37.14 Check Date Paid:Amount: JOY WENTHOLD132507 Refund 05/29/2020 Overpayment - final account refund Total Refunds:Total Amount Paid:$2,803.37 38 Page 2 of 2 6/1/2020 27 Check Payment Register 05/17/2020 05/30/2020to 05/22/2020 $31,121.25 Check Date Paid:Amount: EFT Further 05/22/2020Inv. 2020-00000118 Total PriceItem Description $31,121.25 05/22/2020 Benefit VEBA HRA 05/22/2020 $2,523.97 Check Date Paid:Amount: EFT MN AFSCME Council #5 05/22/2020Inv. 2020-00000123 Total PriceItem Description $1,661.40 05/22/2020 Deduction Maintenance Union Dues $856.12 05/22/2020 Deduction CTP Union Dues $6.45 05/22/2020 Deduction AFSCME DUES W/ PEOPLE DED 05/22/2020 $995.37 Check Date Paid:Amount: EFT MN Child Support Payment Center 05/22/2020Inv. 2020-00000124 Total PriceItem Description $256.11 05/22/2020 Deduction Child Support Percentage $168.43 05/22/2020 Deduction Child Support $570.83 05/22/2020 Deduction Child Support 05/22/2020 $1,146.45 Check Date Paid:Amount: EFT Further 05/06/2020Inv. 15471404 Total PriceItem Description $1,146.45 VEBA & FSA Admin Fees Apr 2020 05/20/2020 $7,324.00 Check Date Paid:Amount: EFT MN Dept of Revenue 04/30/2020Inv. F043020 Total PriceItem Description $7,324.00 State, County and Transit Tax Apr 2020 05/20/2020 $314.64 Check Date Paid:Amount: EFT MN Dept of Revenue 04/30/2020Inv. F043020-1 Total PriceItem Description $314.64 Special Fuel Tax Apr 2020 05/20/2020 $12,865.66 Check Date Paid:Amount: EFT MN Dept of Labor and Industry 04/30/2020Inv. DLIMN1000555555 Total PriceItem Description $12,865.66 Bldg Permit Surcharge Apr 2020 05/22/2020 $180.00 Check Date Paid:Amount: 132327 * American Bandy Association 05/13/2020Inv. Import - 6109 Total PriceItem Description $180.00 Park and Rec Refund 05/22/2020 $985.98 Check Date Paid:Amount: 132328 Acme Tools 05/01/2020Inv. F050120 Total PriceItem Description $626.00 Power tools - PKM $359.98 Folding string trimmers 05/22/2020 $52.50 Check Date Paid:Amount: 132329 Action Fleet Inc 04/28/2020Inv. I3253 Total PriceItem Description $52.50 Troubleshoot GPS - Unit 1044 05/22/2020 $6,525.00 Check Date Paid:Amount: 132330 Advanced Coating Systems/ACS 04/29/2020Inv. 2000342 Total PriceItem Description $3,600.00 Painting Parker Lake staircase railing Page 1 of 27 6/1/2020 28 04/29/2020Inv. 2000343 Total PriceItem Description $2,925.00 Paint Benches + Trash Cans Metrolink 05/22/2020 $444.23 Check Date Paid:Amount: 132331 Advanced Irrigation Inc 03/30/2020Inv. 100828 Total PriceItem Description $444.23 Snow plowing - Apr 2020 05/22/2020 $7,875.00 Check Date Paid:Amount: 132332 AEM Financial Solutions LLC 04/30/2020Inv. 428977 Total PriceItem Description $3,937.50 Five Year Arbitrage Report GO Open Space Bonds, Series 2015A $3,937.50 Final Arbitrage Report GO Open Space Bonds, Series 2010A 05/22/2020 $17,740.98 Check Date Paid:Amount: 132333 Affinitech Inc 04/30/2020Inv. 26028 Total PriceItem Description $14,553.90 City Hall Lower Level Conference Room Install/Equipment 04/30/2020Inv. 26029 Total PriceItem Description $2,400.00 City Hall Lower Level Conference Rooms - USB Bridges 04/30/2020Inv. 26030 Total PriceItem Description $787.08 Cable cubby install - Conference rooms 05/22/2020 $191.67 Check Date Paid:Amount: 132334 All Season Services Inc 04/30/2020Inv. 22928 Total PriceItem Description $191.67 Snow plowing Apr 2020 05/22/2020 $558.00 Check Date Paid:Amount: 132335 American Planning Association 04/21/2020Inv. 1250582045 Total PriceItem Description $558.00 APA Membership - L Sommers 7/1/20-6/30/21 05/22/2020 $333.33 Check Date Paid:Amount: 132336 Amy Korsbon 05/18/2020Inv. Import - 6111 Total PriceItem Description $333.33 Park and Rec Refund 05/22/2020 $22,996.71 Check Date Paid:Amount: 132337 AnderSun Lawn Service 04/01/2020Inv. 12276 Total PriceItem Description $364.00 Parks Mowing - Crooked Creek & trail 05/04/2020Inv. 12277 Total PriceItem Description $364.00 Parks Mowing - Crooked Creek & trail 05/04/2020Inv. 12278 Total PriceItem Description $2,560.00 Mowing - Wells 05/04/2020Inv. 12279 Total PriceItem Description $5,347.28 Mowing CH, FS1-3 05/04/2020Inv. 12280 Total PriceItem Description $772.86 Mowing ST73 05/04/2020Inv. 12281 Total PriceItem Description $12,948.57 Parks & Cemetery Mowing $640.00 Parks & Cemetery Mowing 05/22/2020 $873.80 Check Date Paid:Amount: 132338 Aspen Mills 04/27/2020Inv. 256276 Page 2 of 27 6/1/2020 29 Total PriceItem Description $32.00 Boot zipper - J Sharpe 05/11/2020Inv. 256741 Total PriceItem Description $150.00 Pants, Polo, cap - R Eickhoff 05/11/2020Inv. 256749 Total PriceItem Description $691.80 Uniform purchases - J Mickelson 05/22/2020 $1,500.00 Check Date Paid:Amount: 132339 Bassett Creek Watershed Management 05/19/2020Inv. F051920 Total PriceItem Description $1,500.00 Watershed Permit Fees for PCC 05/22/2020 $11,960.00 Check Date Paid:Amount: 132340 Benchmark Solutions, LLC / Benchmark Analytics05/01/2020Inv. 255 Total PriceItem Description $11,960.00 Data management software 5/1/20-4/30/21 05/22/2020 $3,694.07 Check Date Paid:Amount: 132341 BKJ Land Company 05/11/2020Inv. F051120 Total PriceItem Description $3,694.07 Bass Lake Pond Maintenance Proj thru 4/20/20 05/22/2020 $61,198.00 Check Date Paid:Amount: 132342 Bolton & Menk Consulting Engineers 04/29/2020Inv. 0249441 Total PriceItem Description $7,177.00 Eng Serv - Staff Augmentation thru 4/29/20 04/29/2020Inv. 0249442 Total PriceItem Description $54,021.00 Eng Serv - Schmidt & Zachary pavement rehab thru 4/29/20 05/22/2020 $71.25 Check Date Paid:Amount: 132343 Boyer Trucks 04/28/2020Inv. 77769R Total PriceItem Description $71.25 A/C filter, o-ring 05/22/2020 $128.94 Check Date Paid:Amount: 132344 Bro-Tex Inc. 04/29/2020Inv. 531278 Total PriceItem Description $128.94 Disinfectant Wipes & Wall Brackets 05/22/2020 $51,859.82 Check Date Paid:Amount: 132345 Campbell Knutson Prof Assoc 03/31/2020Inv. F033120 Total PriceItem Description $20,646.37 Attorney & Legal Services - March 2020 $23,746.00 Attorney & Legal Services - March 2020 - Legal Retainer $564.25 Attorney & Legal Services - March 2020 - Criminal Prosecution $1,450.00 Attorney & Legal Services - March 2020 - BWC $120.00 Attorney & Legal Services - March 2020 - Forfeited vehicles $544.50 Attorney & Legal Services - March 2020 - HRA General $285.00 Attorney & Legal Services - March 2020 - ESC18033.DEV $1,197.00 Attorney & Legal Services - March 2020 - BE2019002 $681.50 Attorney & Legal Services - March 2020 - ST200004 $120.00 Attorney & Legal Services - March 2020 - ST209002 $156.00 Attorney & Legal Services - March 2020 - ST199005 $330.00 Attorney & Legal Services - March 2020 - ST209005 $132.00 Attorney & Legal Services - March 2020 - ST2019005 $231.00 Attorney & Legal Services - March 2020 - WA200001 $1,386.20 Attorney & Legal Services - March 2020 - ST209001 $122.50 Attorney & Legal Services - March 2020 - SS209001 $147.50 Attorney & Legal Services - March 2020 - WR209001 05/22/2020 $246.29 Check Date Paid:Amount: 132347 CenturyLink 04/10/2020Inv. F041020-3 Page 3 of 27 6/1/2020 30 Total PriceItem Description $418.90 Phone line 559-6967 05/10/2020Inv. F051020 Total PriceItem Description $18.56 Phone line 559-9201 05/10/2020Inv. F051020-1 Total PriceItem Description $84.84 Phone line 559-0809 05/10/2020Inv. F051020-2 Total PriceItem Description $89.99 Phone line 559-0624 05/10/2020Inv. F051020-4 Total PriceItem Description ($366.00)Phone line 559-6967 05/22/2020 $8,485.21 Check Date Paid:Amount: 132348 CIGNA Group Insurance/LINA 05/01/2020Inv. 050120201224 Total PriceItem Description $8,485.21 Life, LTD, AD/D Premium May 2020 05/22/2020 $8,338.29 Check Date Paid:Amount: 132349 City of Maple Grove 02/04/2020Inv. 20404 Total PriceItem Description $7,500.00 2020 PUPS Admin Fees 04/30/2020Inv. 20473 Total PriceItem Description $124.00 PUPS Operations Apr 2020 05/01/2020Inv. 20480 Total PriceItem Description $714.29 PUPS Operations Bill back 05/22/2020 $11,932.43 Check Date Paid:Amount: 132350 CNH Architects Inc 04/30/2020Inv. 1597 Total PriceItem Description $11,932.43 Architectural service fees FS2 & FS3 building projects 05/22/2020 $521.93 Check Date Paid:Amount: 132351 Comcast 05/05/2020Inv. F050520 Total PriceItem Description $25.22 Internet/cable PIC 5/10-6/9/20 $86.90 Internet/cable HS 5/10-6/9/20 $224.75 Internet/cable CMCL 5/10-6/9/20 $103.06 Internet/cable CH 5/10-6/9/20 $77.80 Internet/cable PS 5/10-6/9/20 $4.20 Internet/cable PCC 5/10-6/9/20 05/22/2020 $661.22 Check Date Paid:Amount: 132352 Commercial Asphalt Co. 04/30/2020Inv. 200430 Total PriceItem Description $661.22 Asphalt for patching 05/22/2020 $54.63 Check Date Paid:Amount: 132353 Coremark Metals 04/28/2020Inv. 5055293 Total PriceItem Description $54.63 Hot roll random/steel channel - Streets 05/22/2020 $17.84 Check Date Paid:Amount: 132354 Crown Marking Inc 05/01/2020Inv. OE79143 Total PriceItem Description $17.84 Employee Name Plates - PD 05/22/2020 $5,836.80 Check Date Paid:Amount: 132355 Dakota Supply Group Inc 05/01/2020Inv. S100128898001 Total PriceItem Description $5,836.80 3/4" Meter Horns (40) 1" Meter Horns (70) Page 4 of 27 6/1/2020 31 05/22/2020 $5,319.63 Check Date Paid:Amount: 132356 Dan Netko Exteriors Inc 05/14/2020Inv. F051420 Total PriceItem Description $5,319.63 M. Yasir Window/Door Replacement - Final pmt 05/22/2020 $665.30 Check Date Paid:Amount: 132357 Dave Sibley 05/13/2020Inv. Import - 6110 Total PriceItem Description $665.30 Park and Rec Refund 05/22/2020 $7,146.00 Check Date Paid:Amount: 132358 Distinctive Window Cleaning Inc / Acme Window Clea05/13/2020Inv. 17487 Total PriceItem Description $2,730.00 Window washing - CH $2,730.00 Window washing - PS 05/13/2020Inv. 17488 Total PriceItem Description $528.00 Window washing - PCC 05/13/2020Inv. 17489 Total PriceItem Description $1,158.00 Window washing - PW 05/22/2020 $7,495.55 Check Date Paid:Amount: 132359 Earl F. Andersen Inc. 03/18/2020Inv. 0122715IN Total PriceItem Description $552.55 Channel posts & collars 04/03/2020Inv. 0122850IN Total PriceItem Description $4,680.00 Sign blanks 04/08/2020Inv. 0122900IN Total PriceItem Description $2,263.00 Channel posts & collars 05/22/2020 $83.30 Check Date Paid:Amount: 132360 ECM Publishers Inc 04/30/2020Inv. 773388 Total PriceItem Description $83.30 CDBG coronavirus response funding PH 05/22/2020 $1,955.00 Check Date Paid:Amount: 132361 Ehlers & Associates Inc 05/11/2020Inv. 83438 Total PriceItem Description $1,955.00 General TIF Consulting for Apr 2020 05/22/2020 $22.85 Check Date Paid:Amount: 132362 Emergency Apparatus Maintenance Inc 04/29/2020Inv. 112050 Total PriceItem Description $22.85 Intake Screen #0002 05/22/2020 $6,225.00 Check Date Paid:Amount: 132363 ESS Brothers & Sons Inc 04/29/2020Inv. AA2135 Total PriceItem Description $6,225.00 Catch Basin Castings for Mill and Overlay Project (15) 05/22/2020 $229.46 Check Date Paid:Amount: 132364 Fastenal Company 04/21/2020Inv. MNPLY122544 Total PriceItem Description $211.96 Shackles 04/29/2020Inv. MNPLY122656 Total PriceItem Description $17.50 Screws & washers 05/22/2020 $1,374.99 Check Date Paid:Amount: 132365 FastSigns 05/01/2020Inv. 10035575 Total PriceItem Description Page 5 of 27 6/1/2020 32 $1,374.99 Acrylic Sneeze & Cough Shields 05/22/2020 $4,360.96 Check Date Paid:Amount: 132366 Ferguson Waterworks 05/04/2020Inv. 0452412 Total PriceItem Description $4,360.96 Repair Clamp and Curb Stops 05/22/2020 $1,285.02 Check Date Paid:Amount: 132367 Filtration Systems Inc. 04/28/2020Inv. 96984 Total PriceItem Description $458.83 RTU filters - CH $540.00 RTU filters - PS $44.86 RTU filters - F1 $29.00 RTU filters - F2 $100.20 RTU filters - F3 $51.19 RTU filters - ST73 $60.94 Filter Freight 05/22/2020 $1,195.11 Check Date Paid:Amount: 132368 Gall's LLC 04/01/2020Inv. 015391098 Total PriceItem Description $1,115.10 Ballistic Vest - P Fischer 04/08/2020Inv. 015431226 Total PriceItem Description $80.01 Speed plate - P Fischer 05/22/2020 $250.00 Check Date Paid:Amount: 132369 Gerald Faue / Jerry Faue Exterior Works 04/28/2020Inv. 491171 Total PriceItem Description $250.00 Fascia - PM 05/22/2020 $217.15 Check Date Paid:Amount: 132370 Global Equipment Company 04/28/2020Inv. 115879389 Total PriceItem Description $217.15 Bike racks - CH 05/22/2020 $29,999.67 Check Date Paid:Amount: 132371 Graef-USA, Inc / Graef 04/02/2020Inv. 0109014 Total PriceItem Description $29,999.67 Prof Serv - City Center - thru Feb 2020 05/22/2020 $456.35 Check Date Paid:Amount: 132372 Grainger 04/28/2020Inv. 9516407013 Total PriceItem Description $302.76 Plate caster swivel, steel bottle 04/28/2020Inv. 9516640357 Total PriceItem Description $37.41 Knee boots 04/28/2020Inv. 9516768166 Total PriceItem Description $30.76 Carry caddy 04/28/2020Inv. 9516768174 Total PriceItem Description ($60.68)Steel bottle return cr inv 9516407013 04/30/2020Inv. 9519416102 Total PriceItem Description $59.29 Safety signs 05/01/2020Inv. 9520435190 Total PriceItem Description $70.50 Tow strap 05/04/2020Inv. 9521327271 Total PriceItem Description $196.22 Hand sanitizer 05/04/2020Inv. 9522210021 Page 6 of 27 6/1/2020 33 Total PriceItem Description $29.04 Spray bottles 05/05/2020Inv. 9523166008 Total PriceItem Description ($196.22)Hand sanitizer return cr inv 9521327271 05/12/2020Inv. 9530554618 Total PriceItem Description ($3.96)Quaturn cartridge cr inv 9467789377 05/12/2020Inv. 9530554626 Total PriceItem Description ($4.15)Quaturn cartridge cr inv 9467789377 05/12/2020Inv. 9530554634 Total PriceItem Description ($4.62)Pushbar kit return cr inv 9468154779 05/22/2020 $150.52 Check Date Paid:Amount: 132373 Paul Harle 05/02/2020Inv. 3022988433 Total PriceItem Description $150.52 Reimbursement for mailbox damaged by snow plow 05/22/2020 $7,703.52 Check Date Paid:Amount: 132374 Hawkins Inc 04/28/2020Inv. 3176418SL Total PriceItem Description $7,703.52 LPC-9l 990 Gal/ Sodium Permanganate 330 Gal 05/22/2020 $58.00 Check Date Paid:Amount: 132375 Hennepin County Treasurer 05/01/2020Inv. 1000149944 Total PriceItem Description $58.00 Technical Support May 2020 05/22/2020 $7,500.00 Check Date Paid:Amount: 132376 Hennepin County Treasurer 05/01/2020Inv. 1000149904 Total PriceItem Description $7,500.00 PD mental health professional services 05/22/2020 $636.95 Check Date Paid:Amount: 132377 Hennepin County Treasurer 04/30/2020Inv. 1000150025 Total PriceItem Description $636.95 Solid Waste - Parks - Apr 2020 05/22/2020 $1,642.40 Check Date Paid:Amount: 132378 Hennepin County Treasurer 04/30/2020Inv. 1000150257 Total PriceItem Description $1,642.40 HC Booking & Per Diem Apr 2020 05/22/2020 $187.02 Check Date Paid:Amount: 132379 Highway 55 Rental Inc 05/08/2020Inv. 544083 Total PriceItem Description $187.02 Pressure washer rental 5/8/20 05/22/2020 $517.56 Check Date Paid:Amount: 132380 Intereum Inc 05/01/2020Inv. 170600 Total PriceItem Description $517.56 Connectrac 05/22/2020 $156.00 Check Date Paid:Amount: 132381 Jerry's Service Inc 05/01/2020Inv. 061301052000 Total PriceItem Description $156.00 Car Washes Apr 2020 05/22/2020 $10,685.00 Check Date Paid:Amount: 132382 Kamida Inc 05/08/2020Inv. 001847 Total PriceItem Description $6,560.00 Concrete replacement - CWP 05/08/2020Inv. 001848 Page 7 of 27 6/1/2020 34 Total PriceItem Description $3,250.00 Replace deteriorated stairs - FS1 05/08/2020Inv. 001849 Total PriceItem Description $875.00 Concrete replacement - Maintenance shop 05/22/2020 $480.00 Check Date Paid:Amount: 132383 Kriss Premium Products Inc 05/01/2020Inv. 166724 Total PriceItem Description $480.00 Chemical treatment for evap/condensers PIC Apr 2020 05/22/2020 $49.39 Check Date Paid:Amount: 132384 Larson Companies/Peterbilt 05/04/2020Inv. 2504237539 Total PriceItem Description $40.83 Filters 05/04/2020Inv. 2504238541 Total PriceItem Description $8.56 Filter 05/22/2020 $3,166.66 Check Date Paid:Amount: 132385 Lockridge Grindal Nauen P.L.L.P 05/01/2020Inv. 105731 Total PriceItem Description $3,166.66 Legal Services for Lobbying May 2020 05/22/2020 $277,508.16 Check Date Paid:Amount: 132386 Lunda Construction Co 05/13/2020Inv. F051520 Total PriceItem Description $277,508.16 CSAH 9 / I-494 Interchange Project (ST190003) 05/22/2020 $939.64 Check Date Paid:Amount: 132387 Lunseth Lawn Care Professionals LLC 05/01/2020Inv. 103733 Total PriceItem Description $939.64 Snow plowing - Apr 2020 05/22/2020 $295.00 Check Date Paid:Amount: 132388 Matt's Lawn and Landscape 05/03/2020Inv. 30161 Total PriceItem Description $190.00 Salting + Shoveling - Metrolink Bus Shelters 05/03/2020Inv. 30162 Total PriceItem Description $105.00 Salting + Shoveling - Metrolink buildings 05/22/2020 $349.49 Check Date Paid:Amount: 132389 Mead Brothers Inc. 05/01/2020Inv. 2178 Total PriceItem Description $349.49 Snow plowing - Apr 2020 05/22/2020 $3,946.29 Check Date Paid:Amount: 132390 MES Inc 04/28/2020Inv. IN1452077 Total PriceItem Description $3,946.29 Thermal Imagers - FD command vehicles 05/22/2020 $200.00 Check Date Paid:Amount: 132391 Messiah United Meth. Church 05/15/2020Inv. F051520 Total PriceItem Description $200.00 Park & Ride Rent 1-Day Use 5/8/20 05/22/2020 $542,835.54 Check Date Paid:Amount: 132392 Metropolitan Council 05/11/2020Inv. 0001109465 Total PriceItem Description $542,835.54 Wastewater Service Jun 2020 05/22/2020 $201,732.30 Check Date Paid:Amount: 132393 Metropolitan Council 04/30/2020Inv. F043020 Total PriceItem Description $201,732.30 Sewer Availability Charge/SAC Apr 2020 Page 8 of 27 6/1/2020 35 05/22/2020 $106.93 Check Date Paid:Amount: 132394 Midway Ford 05/04/2020Inv. 411423 Total PriceItem Description $106.93 Transmission Mount #1025 05/22/2020 $377.26 Check Date Paid:Amount: 132395 Minnesota Equipment 05/01/2020Inv. P91300 Total PriceItem Description $377.26 Mower recycler kit & blades 05/22/2020 $1,807.50 Check Date Paid:Amount: 132396 Minnesota Roadways Co 05/12/2020Inv. 83002 Total PriceItem Description $1,807.50 Tack oil 05/22/2020 $150.00 Check Date Paid:Amount: 132397 MN Dept of Natural Resources 04/17/2020Inv. F041720 Total PriceItem Description $150.00 Water Permit 1978-6376 05/22/2020 $519.22 Check Date Paid:Amount: 132398 MTI Distributing Inc 04/28/2020Inv. 125227600 Total PriceItem Description $34.79 Parkers Playfield supplies 04/28/2020Inv. 125245800 Total PriceItem Description $154.67 Fuel/water/oil filters 05/01/2020Inv. 125273800 Total PriceItem Description $103.94 Parts for Unit 5052 04/29/2020Inv. 125286500 Total PriceItem Description $186.46 Parts for Parkers Playfield 05/04/2020Inv. 125351200 Total PriceItem Description $39.36 Parkers ballfield supplies 05/22/2020 $897.02 Check Date Paid:Amount: 132399 NAPA Genuine Auto Parts Co 04/30/2020Inv. F043020 Total PriceItem Description $78.79 Ignition coil ($78.79)Ignition coil return $54.84 Wipers $83.88 Wiper blades $28.12 Alarm $53.82 D Earth $100.57 Pin hook $23.99 Battery $279.00 Engine lift tool $127.55 Tie rod end $105.26 Pump Unit 2053 $39.99 Battery charger 05/22/2020 $442.96 Check Date Paid:Amount: 132400 Nardini Fire Equipment Co Inc 04/10/2020Inv. IN00137543 Total PriceItem Description $442.96 Annual extinguisher inspections - PIC 05/22/2020 $1,387.20 Check Date Paid:Amount: 132401 Gina Nesenson 05/22/2020Inv. F052220 Total PriceItem Description $1,387.20 STD 5/2-5/15/20 05/22/2020 $55.00 Check Date Paid:Amount: 132402 Travis Nieman 04/28/2020Inv. MNPPCA00004349 Page 9 of 27 6/1/2020 36 Total PriceItem Description $55.00 WW Operator Exam reimb 05/22/2020 $301.12 Check Date Paid:Amount: 132403 Northern Sanitary/Norsan 05/12/2020Inv. 198748 Total PriceItem Description $301.12 Janitorial supplies - PW/PM 05/22/2020 $52.00 Check Date Paid:Amount: 132404 Northwest Animal Hospital 05/06/2020Inv. F050620 Total PriceItem Description $52.00 Exam for found/injured cat # 20-16941 Impound #4169 05/22/2020 $60.06 Check Date Paid:Amount: 132405 Office Depot 04/29/2020Inv. 484662672001 Total PriceItem Description $60.06 Labels, note pads, correction tape - Comm Dev 05/22/2020 $26,165.28 Check Date Paid:Amount: 132406 Paragon Development Systems Inc 04/28/2020Inv. 15012540 Total PriceItem Description $26,165.28 Pure Storage Maintenance 4/28/20 - 4/27/21 05/22/2020 $12,494.93 Check Date Paid:Amount: 132407 Perfection Plus, Inc. 05/01/2020Inv. 113146 Total PriceItem Description $3,080.07 Janitorial Service - CH - 2020 $3,080.06 Janitorial Service - PS - 2020 $1,802.00 Janitorial Service - PW - 2020 $115.50 Janitorial Service - PW Conf Room - 2020 $3,654.31 Janitorial Service - PCC - 2020 $381.49 Janitorial Service - The Reserve - 2020 $381.50 Janitorial Service - ST73 - 2020 05/22/2020 $13.75 Check Date Paid:Amount: 132408 Performance Signs & Displays Inc 05/06/2020Inv. 10254 Total PriceItem Description $13.75 Graphics for L Larson - CH 05/22/2020 $96,501.60 Check Date Paid:Amount: 132409 Peterson Companies Inc 04/25/2020Inv. F042520 Total PriceItem Description $96,501.60 NWG Phase 5 - Trailhead earthwork - Apr 2020 05/22/2020 $9,629.00 Check Date Paid:Amount: 132410 Phasor Electric Company 04/30/2020Inv. 047553 Total PriceItem Description $9,260.00 Retrofit Maintenance Facility wall packs - PW 04/30/2020Inv. 047554 Total PriceItem Description $369.00 Parking lot pole light repair - FS2 05/22/2020 $1,330.83 Check Date Paid:Amount: 132411 Pollard Water 05/01/2020Inv. 0165805 Total PriceItem Description $1,245.33 SS Operating Nut #6 05/01/2020Inv. 0165810 Total PriceItem Description $85.50 SS Operating Nut #6 05/22/2020 $2,800.00 Check Date Paid:Amount: 132412 Prairie Restorations Inc 05/01/2020Inv. 22176 Total PriceItem Description $1,200.00 Lowe's dormant mow 05/04/2020Inv. 22225 Page 10 of 27 6/1/2020 37 Total PriceItem Description $1,450.00 Vicksburg Ln burn $150.00 Vicksburg Ln burn 05/22/2020 $795.00 Check Date Paid:Amount: 132413 Precise MRM LLC 04/29/2020Inv. 2001025675 Total PriceItem Description $795.00 Pooled Data - Streets - Mar 2020 05/22/2020 $1,131.95 Check Date Paid:Amount: 132414 Premier Lawn & Landscape LLC 05/01/2020Inv. F050120 Total PriceItem Description $1,131.95 Snow plowing Apr 2020 05/22/2020 $5,018.01 Check Date Paid:Amount: 132415 Presidio Networked Solutions Group LLC 03/18/2020Inv. 6013520005480 Total PriceItem Description $486.61 Cisco Catalyst 1000 and parts 05/04/2020Inv. 6013520008310 Total PriceItem Description $1,031.40 Migration Wizard Collaboration 04/30/2020Inv. 6023420002561 Total PriceItem Description $3,500.00 Network Infrastructure Assessment 05/22/2020 $122.69 Check Date Paid:Amount: 132416 Proscape Maintenance Inc 05/01/2020Inv. 2022 Total PriceItem Description $122.69 Snow plowing Apr 2020 05/22/2020 $1,552.76 Check Date Paid:Amount: 132417 Rainbow Tree Co/Rainbow Treecare 05/04/2020Inv. INV0063403 Total PriceItem Description $1,552.76 Growth regulator 05/22/2020 $31.50 Check Date Paid:Amount: 132418 Real Time Translations Inc/RTT 05/05/2020Inv. 114729 Total PriceItem Description $31.50 Minutes used - PD - Apr 2020 05/22/2020 $426.07 Check Date Paid:Amount: 132419 Reinders Inc 05/04/2020Inv. 306999400 Total PriceItem Description $426.07 Seed mix, straw blanket 05/22/2020 $3,546.53 Check Date Paid:Amount: 132420 Republic Services #894 04/30/2020Inv. 0894005165497 Total PriceItem Description $3,546.53 Dumpster - PW - Apr 2020 05/22/2020 $400.00 Check Date Paid:Amount: 132421 S&S Tree / Davey Tree Expert Company 04/30/2020Inv. 914558150 Total PriceItem Description $400.00 Stump Grinding at ST73 05/22/2020 $8,147.30 Check Date Paid:Amount: 132422 Sanity Solutions 04/29/2020Inv. INV19106 Total PriceItem Description $8,147.30 VMWare Workspace Maintenance 5/22/20 - 5/21/21 05/22/2020 $1,484.00 Check Date Paid:Amount: 132423 Schaeffer Manufacturing Company 04/28/2020Inv. ABH2052 Total PriceItem Description $1,484.00 ATF SYN Oil 05/22/2020 $32,678.40 Check Date Paid:Amount: 132424 Sir Lines A Lot Inc Page 11 of 27 6/1/2020 38 04/30/2020Inv. H200059 Total PriceItem Description $32,678.40 Street Striping Project thru 4/30/20 05/22/2020 $38,358.85 Check Date Paid:Amount: 132425 SRF Consulting Group Inc 04/30/2020Inv. 12056015 Total PriceItem Description $5,700.11 Prof Serv NWG-5 thru Apr 2020 04/30/2020Inv. 123190017 Total PriceItem Description $25,309.08 Eng Serv Vicksburg/Ferndale Apr 2020 04/30/2020Inv. 13252002 Total PriceItem Description $3,800.72 Prof Serv Creekside Hills Apr 2020 04/30/2020Inv. 13483003 Total PriceItem Description $3,548.94 Dundee Traffic Study 04/30/20 05/22/2020 $9,254.18 Check Date Paid:Amount: 132426 Stantec Consulting Services Inc 05/08/2020Inv. 1654517 Total PriceItem Description $9,254.18 Prof Serv Meadow Wood Drainage Improvement Proj thru 05/01/20 05/22/2020 $2,010.65 Check Date Paid:Amount: 132427 T Mobile 04/11/2020Inv. F041120-1 Total PriceItem Description $2,124.55 Cell phones - PD - 03/11-04/10/20 05/11/2020Inv. F041120-2 Total PriceItem Description ($1,843.23)Cell phones - PD - 03/11-04/10/20 05/11/2020Inv. F051120 Total PriceItem Description $1,729.33 Cell phones - PD - 04/11-05/10/20 05/22/2020 $195.00 Check Date Paid:Amount: 132428 T&D Landscape Inc 05/11/2020Inv. 6746 Total PriceItem Description $195.00 Garland property Spring Clean Up 05/22/2020 $1,022.75 Check Date Paid:Amount: 132429 TDS 05/13/2020Inv. F7D887D5A785 Total PriceItem Description $1,022.75 509.5000 Landlines, Long Distance May 2020 05/22/2020 $551.94 Check Date Paid:Amount: 132430 Thomson Reuters -West Publishing 05/01/2020Inv. 842265582 Total PriceItem Description $551.94 Clear public records alert - Apr 2020 05/22/2020 $2,500.00 Check Date Paid:Amount: 132431 TransLoc 05/01/2020Inv. 12157 Total PriceItem Description $2,500.00 TransLoc OnDemand for 5 Vehicles - May 2020 05/22/2020 $576.00 Check Date Paid:Amount: 132432 Tri-K Services 04/30/2020Inv. 8612 Total PriceItem Description $576.00 Topsoil 05/22/2020 $85,311.73 Check Date Paid:Amount: 132433 Tyler Technologies Inc 11/12/2019Inv. 045282917 Total PriceItem Description $1,500.00 Conversion services - ERP upgrade 12/06/2019Inv. 045285513 Page 12 of 27 6/1/2020 39 Total PriceItem Description ($1,500.00)Credit - Orig Inv #045282917 05/01/2020Inv. 045298290A Total PriceItem Description $85,311.73 New World Maintenance 6/1/20 - 5/31/21 05/22/2020 $335.08 Check Date Paid:Amount: 132434 UniFirst Corporation 04/29/2020Inv. 0900552380 Total PriceItem Description $335.08 Uniform rental/laundry/rugs PW/PM 05/22/2020 $8,145.58 Check Date Paid:Amount: 132435 Valley Rich Co Inc 05/04/2020Inv. 28280 Total PriceItem Description $4,033.00 Water Main Repair Zinnia and Sunset Trail 04/30/2020Inv. 28284 Total PriceItem Description $4,112.58 Gate Valve Repair 15300 37th Ave 05/22/2020 $1,936.62 Check Date Paid:Amount: 132436 Weissman's Theatrical Supply Inc 03/10/2020Inv. 204279123 Total PriceItem Description $2,006.52 Dance Costume Order 03/26/2020Inv. 207537702 Total PriceItem Description ($69.90)Costume return 05/22/2020 $13,552.63 Check Date Paid:Amount: 132437 Wright-Henn Elec. Co. 05/11/2020Inv. F051120 Total PriceItem Description $13,552.63 Residential Streetlights, LS, Parks, Transit, Traffic Apr 2020 05/22/2020 $13,427.83 Check Date Paid:Amount: 132438 WSB & Associates 04/29/2020Inv. R0144940009 Total PriceItem Description $13,427.83 Prof Serv Street Reconstruction Design - Mar 2020 05/22/2020 $55,574.12 Check Date Paid:Amount: 132439 Xcel Energy 05/05/2020Inv. 683408079 Total PriceItem Description $700.03 Storm Water Acct 5100786236 Apr 2020 05/11/2020Inv. 684230752 Total PriceItem Description $48,401.78 Well & WTPs Acct 5146520754 Apr 2020 05/12/2020Inv. 684451293 Total PriceItem Description $730.36 Playfields Acct 5145094664 Apr 2020 05/14/2020Inv. 684834422 Total PriceItem Description $5,741.95 Lift Stations Acct 5152031200 Apr 2020 05/22/2020 $857.50 Check Date Paid:Amount: 132440 Xigent Solutions LLC 04/28/2020Inv. 78495 Total PriceItem Description $857.50 Safe Unsubscribe Add on 2/10/20 - 10/2/21 05/22/2020 $201.85 Check Date Paid:Amount: 132441 Zee Medical Service 05/11/2020Inv. 54103421 Total PriceItem Description $201.85 Medical cabinet resupply PW 05/22/2020 $12.35 Check Date Paid:Amount: 132442 Thomas Evenson 05/11/2020Inv. 0118746211539 Total PriceItem Description $12.35 Home Depot purchase reimb Page 13 of 27 6/1/2020 40 05/22/2020 $1,959.19 Check Date Paid:Amount: 132443 CDW Government Inc 04/29/2020Inv. XRN8830 Total PriceItem Description $580.28 MS Office for Comm Dev & Eng 04/30/2020Inv. XRV8834 Total PriceItem Description $58.24 Otterbox 05/01/2020Inv. XRX8290 Total PriceItem Description $531.36 Apple Ipad Mini w/Cellular 64GB 05/04/2020Inv. XSG9105 Total PriceItem Description $789.31 APC UPS 1500 - FD 05/26/2020 $1,406.67 Check Date Paid:Amount: 132444 * Rock Elm Tavern 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132445 Akirsa Pizza Company / Firenza Pizza 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132446 Applebee's Restaurants North LLC 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132447 Blazin Wings Inc / Buffalo Wild Wings Grill & Bar05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132448 Brinker Restaurant Corp / Chili's Grill & Bar 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132449 Compadres Inc. / Taco Teresa's 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132450 CSM Lodging Services Inc. / Residence Inn by Marri05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132451 D & D of Minnesota Inc. / Famous Dave's 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132452 D & L Inc / Kobe Japanese Restaurant 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132453 Davanni's Inc. 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132454 Eezy Experience, LLC / Urban Air Plymouth Page 14 of 27 6/1/2020 41 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132455 El Azteca 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132456 Flippin Dough LLC/Broadway Bar & Pizza 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132457 Green Mill 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $83.33 Check Date Paid:Amount: 132458 Heinzen-Ditter Post VFW 5903 05/26/2020Inv. F052620 Total PriceItem Description $83.33 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132459 Hy-Vee/Plymouth Hy-Vee Dietitian 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132460 Indian Eatery LLC / India Palace Plymouth 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132461 Latuff's, Inc / Latuff's Pizzeria 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132462 Lotus Group LLC / Thai Table 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132463 Lucky U LLC / Lucky's 13 Pub 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132464 Maheshwari Foods LLC / Hyderabad House 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132465 Mann Theatres Inc / Plymouth Grand 15 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132466 Norish Enterprises LLC / Grizzly's Wood Fired Gril05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132467 Northwoods Entertainment LLC / Emagine Willow Cree05/26/2020Inv. F052620 Page 15 of 27 6/1/2020 42 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132468 Oyama MN Inc 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132469 Red Robin International Inc / Red Robin America's05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132470 Regency Midwest Ventures / Crowne Plaza Minneapolis05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132471 Rosengren & Associates Inc. / Sunshine Factory Bar05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132472 Samarkand Restaurant LLC 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132473 Smashburger Acquistion Minneapolis LLC 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132474 Sri Sai Mahalakshmi Foods /Bawarchi Indian Cuisine05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132475 Takara Sushi Inc. 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132476 Tea House Plymouth Inc. / Tea House Chinese Restau05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132477 The After Midnight Group III, LLC / Cowboy Jacks05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/26/2020 $416.67 Check Date Paid:Amount: 132478 Tiger Sushi L.L.C / Lucky Street 05/26/2020Inv. F052620 Total PriceItem Description $416.67 Annual license fee two month refund 05/26/2020 $1,406.67 Check Date Paid:Amount: 132479 Trillium Woods 05/26/2020Inv. F052620 Total PriceItem Description $1,406.67 Annual license fee two month refund 05/29/2020 $210.00 Check Date Paid:Amount: 132508 Ace Lock & Safe Co Inc 05/06/2020Inv. A101133 Total PriceItem Description $210.00 Keys - Comm Dev Page 16 of 27 6/1/2020 43 05/29/2020 $278.50 Check Date Paid:Amount: 132509 Ancom Communications Inc 05/05/2020Inv. 95188 Total PriceItem Description $278.50 Radio System Earpiece Units (5) 05/29/2020 $1,675.27 Check Date Paid:Amount: 132510 Aspen Mills 05/15/2020Inv. 256961 Total PriceItem Description $967.92 New Officer Uniforms-Justen 05/15/2020Inv. 256962 Total PriceItem Description $679.35 New Officer Uniforms-Syhre 05/19/2020Inv. 257047 Total PriceItem Description $28.00 Leather belt - J Sharpe 05/29/2020 $100.00 Check Date Paid:Amount: 132511 Shelly Book 05/27/2020Inv. 297905 Total PriceItem Description $100.00 Reimbursement for Sprinkler Repair 05/29/2020 $43,366.95 Check Date Paid:Amount: 132512 Campbell Knutson Prof Assoc 04/30/2020Inv. F043020 Total PriceItem Description $12,694.98 Attorney & Legal Services - April 2020 $23,746.00 Attorney & Legal Services - April 2020 - Legal Retainer $858.97 Attorney & Legal Services - April 2020 - Criminal Prosecution $1,450.00 Attorney & Legal Services - April 2020 - BWC $330.00 Attorney & Legal Services - April 2020 - HRA General $45.00 Attorney & Legal Services - April 2020 - ESC019CR $1,500.00 Attorney & Legal Services - April 2020 - ESC01814 $561.00 Attorney & Legal Services - April 2020 - ESC18033.DEV $148.50 Attorney & Legal Services - April 2020 - BE2020005 $198.00 Attorney & Legal Services - April 2020 - ST200004 $222.00 Attorney & Legal Services - April 2020 - ST209002 $82.50 Attorney & Legal Services - April 2020 - ST199005 $676.00 Attorney & Legal Services - April 2020 - ST190005 $742.00 Attorney & Legal Services - April 2020 - ST209001 $112.00 Attorney & Legal Services - April 2020 - FM210014.001 05/29/2020 $1,573.19 Check Date Paid:Amount: 132513 CDW Government Inc 04/30/2020Inv. XRR2107 Total PriceItem Description $318.30 MS Surface Pro type covers 05/08/2020Inv. XTJ1710 Total PriceItem Description $1,254.89 Cradle Point for TV Van 05/29/2020 $10,263.70 Check Date Paid:Amount: 132514 CenterPoint Energy 05/12/2020Inv. F051220 Total PriceItem Description $39.40 Pike LS Apr 2020 $22.63 Sunset LS Apr 2020 $109.48 Xanthus LS Apr 2020 $20.50 CH Apr 2020 $1,707.59 PW Apr 2020 $95.67 Lacompt Park Apr 2020 $103.44 HS Apr 2020 $281.80 FS2 Apr 2020 $92.96 Well #4 Apr 2020 $51.87 Ridgemount Park Apr 2020 $375.70 CWP Apr 2020 $345.26 FS1 Apr 2020 $847.61 PIC Apr 2020 $1,778.44 ZWP Apr 2020 Page 17 of 27 6/1/2020 44 $137.86 Pavilion Apr 2020 $105.45 Bass Lk Plyfld Apr 2020 $44.80 Metrolink/Reserve Apr 2020 $545.79 FS3 Apr 2020 $1,396.44 PS Apr 2020 $505.50 CWP So Apr 2020 $20.50 Imperial Hills LS Apr 2020 $24.37 Waterfront LS Apr 2020 $1,610.64 PCC/FH Apr 2020 05/29/2020 $236.52 Check Date Paid:Amount: 132515 CenturyLink 05/16/2020Inv. F051620 Total PriceItem Description $157.68 Phone line 557-2538 05/16/2020Inv. F051620-1 Total PriceItem Description $78.84 Phone line 550-9785 05/29/2020 $1,405.53 Check Date Paid:Amount: 132516 City of St Paul 05/07/2020Inv. IN41055 Total PriceItem Description $1,405.53 Asphalt for patching 05/29/2020 $270.00 Check Date Paid:Amount: 132517 Crawford Door Sales of the Twin Cities 05/08/2020Inv. 38185 Total PriceItem Description $270.00 Adjust gate into yard waste site - PW 05/29/2020 $510.00 Check Date Paid:Amount: 132518 Crystal Truckenbrod 05/20/2020Inv. Import - 6112 Total PriceItem Description $160.00 Park and Rec Refund 05/20/2020Inv. Import - 6113 Total PriceItem Description $160.00 Park and Rec Refund 05/20/2020Inv. Import - 6114 Total PriceItem Description $160.00 Park and Rec Refund 05/20/2020Inv. Import - 6115 Total PriceItem Description $15.00 Park and Rec Refund 05/20/2020Inv. Import - 6116 Total PriceItem Description $15.00 Park and Rec Refund 05/29/2020 $179.82 Check Date Paid:Amount: 132519 Dakota Supply Group Inc 05/07/2020Inv. S100117775001 Total PriceItem Description $179.82 Yard Hydrant for Equipment Washdown 05/29/2020 $410.22 Check Date Paid:Amount: 132520 Dalco 04/21/2020Inv. 3597999CM Total PriceItem Description ($114.14)Soap return - CH 05/13/2020Inv. 3611077 Total PriceItem Description $107.40 Disinfectant cleaner - CH 05/21/2020Inv. 3615441 Total PriceItem Description $416.96 Trash can liners - FS3 05/29/2020 $39,251.53 Check Date Paid:Amount: 132521 De Lage Landen Financial Services, Inc 05/05/2020Inv. 67866499 Total PriceItem Description Page 18 of 27 6/1/2020 45 $39,251.53 Cisco UCS Server 2nd of 5 lease pymnt 6/19/20-6/18/21 05/29/2020 $14.25 Check Date Paid:Amount: 132522 Department of Motor Vehicles-DVS 05/27/2020Inv. F052720 Total PriceItem Description $14.25 License Renewal For Unmarked Police Vehicle #1706 05/29/2020 $45,860.80 Check Date Paid:Amount: 132523 Dering Pierson Group LLC 04/30/2020Inv. F043020 Total PriceItem Description $45,860.80 Lower level remodel thru 4/30/20 05/29/2020 $770.45 Check Date Paid:Amount: 132524 ECM Publishers Inc 04/09/2020Inv. 769000 Total PriceItem Description $178.50 Water Main Rehab -BIDS 05/07/2020Inv. 774590 Total PriceItem Description $419.40 Peony-Schmidt Traffic Project - Publishing Bid Notice 05/07/2020Inv. 774591 Total PriceItem Description $101.15 Hops Craft Brewing PH file no 2020018 05/07/2020Inv. 774592 Total PriceItem Description $71.40 Rachel Development PH file no 2020026 05/29/2020 $967.74 Check Date Paid:Amount: 132525 Tom Einertson 03/17/2020Inv. Import - 5836 Total PriceItem Description $161.29 Park and Rec Refund 03/17/2020Inv. Import - 5837 Total PriceItem Description $161.29 Park and Rec Refund 03/17/2020Inv. Import - 5838 Total PriceItem Description $161.29 Park and Rec Refund 03/17/2020Inv. Import - 5839 Total PriceItem Description $161.29 Park and Rec Refund 03/17/2020Inv. Import - 5840 Total PriceItem Description $161.29 Park and Rec Refund 03/17/2020Inv. Import - 5841 Total PriceItem Description $161.29 Park and Rec Refund 05/29/2020 $1,899.14 Check Date Paid:Amount: 132526 Emergency Apparatus Maintenance Inc 05/07/2020Inv. 111278 Total PriceItem Description $1,899.14 Service Inspection #31 T-11 05/29/2020 $2,417.82 Check Date Paid:Amount: 132527 Ferguson Waterworks 05/07/2020Inv. 0453994 Total PriceItem Description $1,120.32 6x15 SS Repair Clamps 05/07/2020Inv. 0453997 Total PriceItem Description $1,297.50 Curb Stops 05/29/2020 $324.94 Check Date Paid:Amount: 132528 Filtration Systems Inc. 05/08/2020Inv. 97165 Total PriceItem Description $324.94 RTU filters - CH Page 19 of 27 6/1/2020 46 05/29/2020 $296,601.71 Check Date Paid:Amount: 132529 First Transit Inc 05/08/2020Inv. 11680107 Total PriceItem Description $289,336.11 Transit Services April 2020 - Contracted $10,349.84 Transit Services April 2020 - April '20 Fuel ($2.27)Transit Services April 2020 - DAR Fares ($3,021.97)Transit Services April 2020 - Fixed Route Fares ($60.00)Transit Services April 2020 - DAR Card Sales 05/29/2020 $2,199.50 Check Date Paid:Amount: 132530 Terrance Foy 05/18/2020Inv. F051820 Total PriceItem Description $2,199.50 Case No 19-PA-0296, Arbitration 05/29/2020 $155.56 Check Date Paid:Amount: 132531 Gall's LLC 05/07/2020Inv. 015626610 Total PriceItem Description $155.56 TLR Gun Mount-J Justen 05/29/2020 $33,736.92 Check Date Paid:Amount: 132532 Graef-USA, Inc / Graef 05/08/2020Inv. 0109628 Total PriceItem Description $33,736.92 Prof Serv - City Center - thru 4/4/20 05/29/2020 $2,001.51 Check Date Paid:Amount: 132533 Grainger 05/07/2020Inv. 9482558393 Total PriceItem Description ($152.00)4x8 plexiglass sheet return cr inv 9524357499 05/05/2020Inv. 9523297027 Total PriceItem Description $166.68 Batteries 05/06/2020Inv. 9524357465 Total PriceItem Description $16.83 Safety sign 05/06/2020Inv. 9524357473 Total PriceItem Description $191.79 Bathroom sink faucet 05/06/2020Inv. 9524357481 Total PriceItem Description $141.00 Acrylic sheet stock 05/06/2020Inv. 9524357499 Total PriceItem Description $1,520.00 4x8 plexiglass sheets - CH 05/07/2020Inv. 9525214574 Total PriceItem Description $12.56 Safety glasses 05/07/2020Inv. 9526152948 Total PriceItem Description $28.63 Nut driver, measuring cup 05/08/2020Inv. 9527062864 Total PriceItem Description $76.02 Photocontrol, sprayer 05/29/2020 $4,702.57 Check Date Paid:Amount: 132534 Hamel Lumber Inc 04/30/2020Inv. F043020 Total PriceItem Description $2,425.60 Split Rail Fence $318.99 Mail box post, nut driver set $13.90 House numbers $189.00 4x4 lumber $45.00 Paper box $60.00 Paper box $324.00 Post, 4x4 Page 20 of 27 6/1/2020 47 $110.99 Mailbox, post, plates $186.00 Mailbox post, plate $119.60 Concrete mix, post top $18.00 Key's cut $39.00 Rope $45.78 Post $57.21 2x4's, tape measure $749.50 Split cedar rail 05/29/2020 $2,793.84 Check Date Paid:Amount: 132535 Hawkins Inc 05/07/2020Inv. 4711247 Total PriceItem Description $2,793.84 Azone 3940 Gal ZWP 05/29/2020 $514.40 Check Date Paid:Amount: 132536 Hedberg Aggregate Inc 09/06/2019Inv. 1068948 Total PriceItem Description $679.40 Sand 12.64 ton 05/04/2020Inv. 1087005 Total PriceItem Description $451.90 Fabric for trails 05/05/2020Inv. 1087536 Total PriceItem Description $62.50 PVC flex pipe 10/04/2019Inv. 855737 Total PriceItem Description ($679.40)Credit - 12.64 TN granite sand - Orig Inv #1068948 05/29/2020 $91.96 Check Date Paid:Amount: 132537 Hennepin County Treasurer 05/05/2020Inv. 1000150175 Total PriceItem Description $91.96 800 MHz Radio Fee - PW - Apr 2020 05/29/2020 $2,215.76 Check Date Paid:Amount: 132538 Hennepin County Treasurer 05/05/2020Inv. 1000150138 Total PriceItem Description $186.54 Radio/MESB/MDC Admin Fees - FD - Apr 2020 $2,029.22 Radio/MESB/MDC Admin Fees - FD - Apr 2020 05/29/2020 $5,888.52 Check Date Paid:Amount: 132539 Hennepin County Treasurer 05/05/2020Inv. 1000150139 Total PriceItem Description $5,888.52 Radio/MDC Admin Fees - PS - Apr 2020 05/29/2020 $83.33 Check Date Paid:Amount: 132540 Hennepin Healthcare FKA HCMC 05/08/2020Inv. 65718 Total PriceItem Description $83.33 Physician Services - Apr 2020 05/29/2020 $235,563.86 Check Date Paid:Amount: 132541 HGA / Hammel, Green & Abrahamson Inc 05/06/2020Inv. 208304 Total PriceItem Description $217,512.26 Schematic design/Design development PCC Apr 2020 05/06/2020Inv. 208305 Total PriceItem Description $6,900.00 Schematic design/Design development PCC Apr 2020 05/06/2020Inv. 208307 Total PriceItem Description $834.00 Schematic design/Design development PCC Apr 2020 05/06/2020Inv. 208308 Total PriceItem Description $5,328.00 Schematic design/Design development PCC Apr 2020 05/06/2020Inv. 208309 Total PriceItem Description Page 21 of 27 6/1/2020 48 $4,989.60 Construction Document Services PCC Apr 2020 05/29/2020 $461.74 Check Date Paid:Amount: 132542 Hotsy Minnesota 05/20/2020Inv. 67401 Total PriceItem Description $461.74 Truck Wash Soap 05/29/2020 $720.00 Check Date Paid:Amount: 132543 Instrumental Research Inc 05/08/2020Inv. 2545 Total PriceItem Description $720.00 Water testing Apr 2020 05/29/2020 $1,703.57 Check Date Paid:Amount: 132544 Jimmy's Johnnys 05/08/2020Inv. 163460 Total PriceItem Description $1,703.57 Wash station rental PW 6/17-9/30/20 05/29/2020 $37,026.46 Check Date Paid:Amount: 132545 Klein Underground LLC 05/07/2020Inv. 50262 Total PriceItem Description $918.00 Water repair restoration 1st and Inland Ave 05/07/2020Inv. 50266 Total PriceItem Description $5,106.00 Water repair restoration 43rd and Kingsview Ln 05/07/2020Inv. 50268 Total PriceItem Description $3,785.00 Water repair restoration 117 Zachary Lane 05/07/2020Inv. 50270 Total PriceItem Description $1,343.50 Water repair restoration 2500 W Med Lk Dr 05/07/2020Inv. 50279 Total PriceItem Description $3,220.00 Drainage repair work 4660 Juneau Lane 05/07/2020Inv. 50284 Total PriceItem Description $879.50 Water repair restoration 16900 9th Ave #2 05/07/2020Inv. 50285 Total PriceItem Description $2,293.35 Water repair restoration County Road 101 & 6th Ave 05/07/2020Inv. 50289 Total PriceItem Description $1,210.00 Water repair restoration Holly Lane & Old Rockford Road 05/07/2020Inv. 50292 Total PriceItem Description $1,032.81 Water repair restoration 13210 35th Ave 05/07/2020Inv. 50293 Total PriceItem Description $1,171.75 Water repair restoration 1st and Inland Ave 05/07/2020Inv. 50296 Total PriceItem Description $2,406.25 Water repair restoration 1200 Nathan Ln 05/07/2020Inv. 50298 Total PriceItem Description $833.00 Water repair restoration 5075 Ives Lane 05/07/2020Inv. 50299 Total PriceItem Description $593.00 Water Repair Restoration 9915 31st Ave 05/07/2020Inv. 50300 Total PriceItem Description $593.00 Water repair restoration 10020 47th Place 05/07/2020Inv. 50303 Total PriceItem Description Page 22 of 27 6/1/2020 49 $622.50 Water Repair Restoration 13210 35th Ave 05/07/2020Inv. 50304 Total PriceItem Description $1,104.05 Water repair restoration 16900 9th Ave 05/07/2020Inv. 50305 Total PriceItem Description $1,527.50 Water repair restoration 18120 30th Place 05/07/2020Inv. 50306 Total PriceItem Description $2,024.00 Water repair restoration County Road 101 & 6th Ave 05/07/2020Inv. 50307 Total PriceItem Description $2,326.75 Water repair restoration Nathan Lane & 26th Ave 05/07/2020Inv. 50313 Total PriceItem Description $910.30 Water repair restoration 2500 W Med Lk Dr 05/07/2020Inv. 50315 Total PriceItem Description $1,569.00 Water repair restoration 18150 30th Ave 05/07/2020Inv. 50318 Total PriceItem Description $1,557.20 Water repair restoration Holly Ln & Old Rockford Rd 05/29/2020 $253.00 Check Date Paid:Amount: 132546 Krista Brennan 05/26/2020Inv. Import - 6122 Total PriceItem Description $15.00 Park and Rec Refund 05/26/2020Inv. Import - 6123 Total PriceItem Description $15.00 Park and Rec Refund 05/26/2020Inv. Import - 6124 Total PriceItem Description $15.00 Park and Rec Refund 05/26/2020Inv. Import - 6125 Total PriceItem Description $15.00 Park and Rec Refund 05/26/2020Inv. Import - 6126 Total PriceItem Description $73.00 Park and Rec Refund 05/26/2020Inv. Import - 6127 Total PriceItem Description $120.00 Park and Rec Refund 05/29/2020 $170.22 Check Date Paid:Amount: 132547 Larson Companies/Peterbilt 05/06/2020Inv. 2504238185 Total PriceItem Description $35.85 Filters 05/06/2020Inv. 2504239266 Total PriceItem Description $134.37 Filters, elements 05/29/2020 $2,832.72 Check Date Paid:Amount: 132548 M R Sign Co Inc 05/08/2020Inv. 207965 Total PriceItem Description ($108.36)Scrap aluminum 05/08/2020Inv. 207966 Total PriceItem Description $2,941.08 Sign blanks 05/29/2020 $8,994.06 Check Date Paid:Amount: 132549 Mansfield Oil Company 05/05/2020Inv. 21772823 Total PriceItem Description Page 23 of 27 6/1/2020 50 $8,994.06 4000 gal diesel fuel 05/29/2020 $5,936.00 Check Date Paid:Amount: 132550 Maple Crest Landscape 05/18/2020Inv. 61374 Total PriceItem Description $1,300.50 Landscaping - CH $1,300.50 Landscaping - PS $493.00 Landscaping - FS1 $551.00 Landscaping - FS2 $783.00 Landscaping - FS3 $1,508.00 Landscaping - ST73 05/29/2020 $137.33 Check Date Paid:Amount: 132551 Marlene Walth 05/22/2020Inv. Import - 6117 Total PriceItem Description $8.33 Park and Rec Refund 05/22/2020Inv. Import - 6118 Total PriceItem Description $25.00 Park and Rec Refund 05/22/2020Inv. Import - 6119 Total PriceItem Description $25.00 Park and Rec Refund 05/22/2020Inv. Import - 6120 Total PriceItem Description $25.00 Park and Rec Refund 05/22/2020Inv. Import - 6121 Total PriceItem Description $54.00 Park and Rec Refund 05/29/2020 $155.32 Check Date Paid:Amount: 132552 MES Inc 05/08/2020Inv. IN14656458 Total PriceItem Description $155.32 K-tool 05/29/2020 $28.25 Check Date Paid:Amount: 132553 Metro Products Inc 05/06/2020Inv. 151521 Total PriceItem Description $28.25 Lockwasher, fuse clip, bridge pin 05/29/2020 $477.85 Check Date Paid:Amount: 132554 Metro Water Conditioning Inc. 05/06/2020Inv. 104373 Total PriceItem Description $231.60 Salt pellets FS1 05/06/2020Inv. 104374 Total PriceItem Description $246.25 Salt pellets FS2 05/29/2020 $235.15 Check Date Paid:Amount: 132555 Midway Ford 05/07/2020Inv. 412241 Total PriceItem Description $235.15 Tail light #392 05/29/2020 $586.70 Check Date Paid:Amount: 132556 Minnesota Glove & Safety Inc 05/06/2020Inv. 322732 Total PriceItem Description $586.70 Safety gloves 05/29/2020 $42,515.15 Check Date Paid:Amount: 132557 MTI Distributing Inc 05/06/2020Inv. 125357100 Total PriceItem Description $345.19 V-belt, bracket mount, pulley 05/06/2020Inv. 125373300 Total PriceItem Description $41,920.88 Replacement #5012 - Toro Mower 05/05/2020Inv. 125384600 Page 24 of 27 6/1/2020 51 Total PriceItem Description $146.16 Parkers ballfield & Millenial supplies 05/07/2020Inv. 125435800 Total PriceItem Description $102.92 Ridgemount playfield supplies 05/29/2020 $2,228.65 Check Date Paid:Amount: 132558 Ostvig Tree, Inc. 05/19/2020Inv. 34492 Total PriceItem Description $1,807.50 Tree removal 2505 Nathan Ln N 05/19/2020Inv. 34493 Total PriceItem Description $217.75 Tree removal 320 Magnolia Ln N 05/19/2020Inv. 34494 Total PriceItem Description $203.40 Tree removal 16735 13th Ave N 05/29/2020 $249.00 Check Date Paid:Amount: 132559 Owens Companies Inc 05/21/2020Inv. 88455 Total PriceItem Description $249.00 Troubleshoot cold areas - CH 05/29/2020 $48.79 Check Date Paid:Amount: 132560 Oxygen Service Company 05/08/2020Inv. 08346687 Total PriceItem Description $48.79 Oxygen Refill 05/29/2020 $2,678.40 Check Date Paid:Amount: 132561 Pioneer Athletics 05/13/2020Inv. INV755494 Total PriceItem Description $2,678.40 Field Paint 05/29/2020 $3,675.00 Check Date Paid:Amount: 132562 Pixelwerx 05/07/2020Inv. 215474 Total PriceItem Description $3,675.00 SWAT Ambulance Body Wrap 05/29/2020 $8,500.00 Check Date Paid:Amount: 132563 Prairie Restorations Inc 05/05/2020Inv. 22244 Total PriceItem Description $6,600.00 Spring prairie/parks burns 05/07/2020Inv. 22277 Total PriceItem Description $1,900.00 Prescribed burn Woodland trails & the Reserve 05/29/2020 $6,922.85 Check Date Paid:Amount: 132564 R&R Specialties of Wisconsin Inc 05/08/2020Inv. 0070306IN Total PriceItem Description $6,922.85 Jet Ice Paint Cart - PIC 05/29/2020 $348.97 Check Date Paid:Amount: 132565 Reinders Inc 05/06/2020Inv. 307013300 Total PriceItem Description $219.40 Pesticide, fertilizer 05/07/2020Inv. 307020600 Total PriceItem Description $129.57 Fertilizer 05/29/2020 $6,922.59 Check Date Paid:Amount: 132566 RevSpring Inc 05/01/2020Inv. INV302540 Total PriceItem Description $6,922.59 UB statement processing, printing & postage Apr 2020 05/29/2020 $553.35 Check Date Paid:Amount: 132567 Rosenbauer Minnesota LLC 04/30/2020Inv. 0000039973 Page 25 of 27 6/1/2020 52 Total PriceItem Description $553.35 Heater Core & Drain Valve #43 05/29/2020 $750.00 Check Date Paid:Amount: 132568 Salveo Parnters, LLC 05/13/2020Inv. 1333 Total PriceItem Description $750.00 Leadership Training (virtual) 5/20, 5/27 & 6/4 05/29/2020 $3,269.69 Check Date Paid:Amount: 132569 Short Elliott Hendrickson Inc/SEH 05/08/2020Inv. 385406 Total PriceItem Description $3,269.69 Prof serv Xenium Lane CIPP watermain thru 04/30/20 05/29/2020 $75.00 Check Date Paid:Amount: 132570 Sky Island LLC 05/26/2020Inv. 20017930 Total PriceItem Description $75.00 Massage License Certificate Fee Refund 05/29/2020 $48.04 Check Date Paid:Amount: 132571 Street Fleet 04/30/2020Inv. 468975 Total PriceItem Description $48.04 Courier Services Apr 2020 05/29/2020 $57.22 Check Date Paid:Amount: 132572 Suburban Tire Wholesale Inc 05/07/2020Inv. 10169927 Total PriceItem Description $57.22 Lawn & garden tires 05/29/2020 $17.00 Check Date Paid:Amount: 132573 Eric Tate-Walls 05/27/2020Inv. F052720 Total PriceItem Description $17.00 MNDL Reimbursement 05/29/2020 $183.50 Check Date Paid:Amount: 132574 TimeSaver Off Site Secretarial 05/14/2020Inv. M25635 Total PriceItem Description $183.50 City Council Minutes 4/28/20 05/29/2020 $21.96 Check Date Paid:Amount: 132575 Toll Company 04/30/2020Inv. 40118417A Total PriceItem Description $21.96 Propane delivery check charge 05/29/2020 $312.63 Check Date Paid:Amount: 132576 UniFirst Corporation 05/06/2020Inv. 0900553734 Total PriceItem Description $312.63 Uniform rental/laundry/rugs PW/PM 05/29/2020 $7,040.00 Check Date Paid:Amount: 132577 Utility Energy Systems 04/22/2020Inv. 30684 Total PriceItem Description $7,040.00 Propane Tank Removal - PCC 05/29/2020 $20,025.70 Check Date Paid:Amount: 132578 Valley Rich Co Inc 05/07/2020Inv. 28274 Total PriceItem Description $2,822.70 Hydrant Repair 45th Ave and 169 Service Road 05/08/2020Inv. 28275 Total PriceItem Description $3,723.00 Water Main Repair 12440 29th Ave 05/05/2020Inv. 28279 Total PriceItem Description $5,591.00 Water Main Repair 12 Forestview Ln 05/05/2020Inv. 28281 Total PriceItem Description $3,309.00 Water Main Repair 12th and Sycamore Page 26 of 27 6/1/2020 53 05/07/2020Inv. 28282 Total PriceItem Description $4,580.00 Water Main Repair 10000 Rockford Road 05/29/2020 $1,986.50 Check Date Paid:Amount: 132579 Water Conservation Services Inc 05/23/2020Inv. 10431 Total PriceItem Description $1,986.50 Leak Detection May 2020 05/29/2020 $8,700.00 Check Date Paid:Amount: 132580 Webber Recreational Design Inc 05/13/2020Inv. 1019 Total PriceItem Description $8,700.00 Playground equipment - W Medicine Lake Park 05/29/2020 $7,877.50 Check Date Paid:Amount: 132581 Workers Comp Reinsurance 05/08/2020Inv. 61432 Total PriceItem Description $7,877.50 WC Reinsurance Installment 3rd Qtr 2020 05/29/2020 $3,586.10 Check Date Paid:Amount: 132582 Xcel Energy 05/11/2020Inv. 684246475 Total PriceItem Description $94.30 Civil Defense Sirens Acct 5155270998 Apr 2020 05/12/2020Inv. 684467692 Total PriceItem Description $1,533.16 Bus Shelters Acct 5159372579 Apr 2020 05/12/2020Inv. 684481633 Total PriceItem Description $1,958.64 Traffic Signals Acct 5168562158 Apr 2020 05/29/2020 $2,201.00 Check Date Paid:Amount: 132583 Law Enforce Labor Services Inc / LELS 05/22/2020Inv. 2020-00000122 Total PriceItem Description $1,798.00 05/22/2020 Deduction Police Union Dues $403.00 05/22/2020 Deduction SGT Union Dues 05/29/2020 $412.50 Check Date Paid:Amount: 132584 Plymouth Professional Firefighters MN local 515905/22/2020Inv. 2020-00000127 Total PriceItem Description $412.50 05/22/2020 Deduction Firefighter Union Dues Total Payments:Total Amount Paid:$2,821,703.81 236 Page 27 of 27 6/1/2020 54 Invoice Expense Distribution for Period Ended 5/30/2020 Council meeting 6/9/2020 FUND 100 General Fund 367,219.18 200 Recreation Fund 4,936.97 210 Parker's Lake Cemetery Maint 640.00 220 Transit System Fund 307,594.74 234 Economic Development Fund 0.00 240 Lawful Gambling 0.00 250 Comm Dev Block Grant Fund 5,402.93 254 HRA Section 8 Fund 106.10 254 HAP Check Summary 0.00 258 HRA General Fund 1,853.71 308 2005A TIF #1-1 0.00 310 2009A TIF #7-5A Refund 1998A 0.00 312 2010A GO Open Space 3,937.50 314 2012A GO Refunding 2004A 0.00 315 2015A GO Open Space 3,937.50 400 General Capital Projects Fund 60,402.77 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 Street Reconstruction Fund 0.00 407 Project Administration Fund 333,565.46 408 Park Construction 0.00 409 Capital Improvement Fund 0.00 412 Water Sewer Replace 0.00 413 Improvement Project Construction 375,802.17 417 Project Warranty Repairs 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 353.50 421 ENT-Water Resources Constrctn 147.50 422 TIF 7-4 PTP Construction 195.50 423 TIF 7-5 Rottlund (Const)195.50 424 TIF 7-6 Berkshire 195.50 425 TIF Housing Assistance Program 195.50 426 TIF 7-7 Stonecreek 195.50 427 TIF 1-1 Shops at Plymth Crk 195.50 428 TIF 1-2 Vicksburg Commons 195.50 429 TIF HRA 1-3 Crossroads Station 195.50 432 TIF #7-8 Quest 195.50 433 TIF #7-8 195.50 500 Water Fund 162,920.68 510 Water Resources Fund 19,787.28 520 Sewer Fund 755,871.10 530 Solid Waste Management Fund 875.00 540 Ice Center Fund 11,487.25 550 Field House Fund 1,159.66 600 Central Equipment Fund 58,847.99 610 Public Facilities Fund 68,662.87 620 Information Technology Fund 186,891.39 630 Risk Management Fund 8,028.02 640 Employee Benefits Fund 47,126.50 660 Resource Planning 34,994.41 800 Investment Trust Fund 0.00 850 Plymouth Town Square 0.00 851 Vicksburg Crossing 0.00 Total Invoice Expense Distribution:2,824,507.18 55 CITY OF PLYMOUTH RESOLUTION NO. 2020-175 RESOLUTION APPROVING DISBURSEMENTS ENDING MAY 30, 2020 WHEREAS, a list of disbursements for the period ending May 30, 2020 was presented to the City Council for approval. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the payment of the list of disbursements of the following funds is approved. US Bank – Check Register General & Special Revenue $ 685,793.82 Construction &Debt Service $ 780,101.40 Enterprise & Internal Service $ 1,356,652.15 Housing Redevelopment $ 1,959.81 Check Register Total $ 2,824,507.18 US Bank – Housing Assistance Payments Housing & Redevelopment Authority $ 0.00 $ 0.00 GRAND TOTAL FOR ALL FUNDS $ 2,824,507.18 APPROVED by the City Council on this 9 th day of June, 2020. 56 Regular City Council June 9, 2020 Agenda Number:6.3 To:Dave Callister, City Manager Prepared by:Lori Sommers, Senior Planner Reviewed by:Steve Juetten, Community Development Director Item:Approve Site Plan amendment for parking upgrades at Kimberly Lane Elementary School located at 17405 Old Rockford Road (2020027 - Res2020-176) 1. Action Requested: Adopt attached resolution approving a site plan amendment to allow parking upgrades and related site improvements at Kimberly Lane Elementary school located at 17405 Old Rockford Road, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. Background: On May 20, the Planning Commission conducted a public meeting and subsequently voted unanimously to recommend approval. The applicant was present in support of the request. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission’s public meeting was mailed to all property owners within 200 feet of the site. Development signage remains on the site. 3. Budget Impact: N/A 4. Planning Review Deadline: * August 7, 2020 5. Attachments: Planning Commission Report Planning Commission Minutes Aerial Map Notification Map Site Map Plans 57 Resolution 2020-176 58 Agenda Number File 2020027 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO:Plymouth Planning Commission FROM:Lori Sommers, Sr. Planner (509-5457) through Barbara Thomson, Planning Manager MEETING DATE:May 20, 2020 APPLICANT:Anderson-Johnson Associates, Inc. PROPOSAL:Site plan amendment for parking upgrades at Kimberly Lane Elementary School LOCATION:17405 Old Rockford Road SCHOOL DISTRICT:Wayzata (ISD 284) GUIDING:P-I (Public/Semi-Public/Institutional) ZONING:RSF-1 (Single Family-Detached 1) REVIEW DEADLINE:August 7, 2020 DESCRIPTION OF REQUEST: The applicant is requesting approval of a site plan amendment to allow parking upgrades at Kimberly Lane Elementary School. Upgrades would include: 1) a new parking lot layout; 2) site lighting; and 3) sidewalks. Notice of the public meeting was mailed to all property owners within 200 feet of the site. A copy of the notification area map is attached. Development signage has also been posted on the property. 59 2020027 Page 2 CONTEXT: Surrounding Land Uses Adjacent Land Use Guiding Zoning North Single-family homes (Wyndemere Farms Subdivision)LA-1 PUD West Single-family homes (Rockford Glen and Rockford Glen 2nd)LA-3 PUD East Single-family homes (Kimberly Woods Subdivision)LA-1 RSF-1 (single-family 1) South Vacant land and State Highway 55 LA-3 FRD (future restricted development) Natural Characteristics of Site The site is located in the Bassett Creek drainage district. The southern portion of the site contains high quality wetlands and floodplain. The project will not impact the wetlands or the floodplain. The site does not contain any land within the shoreland overlay. Previous Actions Affecting Site In 1990, the City Council approved a site plan, conditional use permit, and rezoning to construct Kimberly Lane Elementary School. In 1995, the City Council approved a site plan amendment to construct a playground on the site. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a site plan amendment is limited to whether or not the proposalcomplies with the comprehensive plan and zoning ordinance requirements. If it meets these standards, the City must approve the site plan amendment. ANALYSIS OF REQUEST: Site Plan Amendment The zoning ordinance contains specific standards for approval of a site plan for development in the RSF-1 (Single Family-Detached 1) zoning district. Staff used these standards to review the proposal. The specific standards that apply are as indicated on the following table. 60 2020027 Page 3 Standards for Educational Facilities in the RSF-1 District Specified Proposed Complies? Parking Setbacks: --From Lot Lines:20 ft. (min.) 57 ft.Yes Drive Aisle Width:26 ft.26 ft.Yes Drive Aisle Setbacks: --Front (along Jewel Lane)10 ft. (min.) 25.5 ft.Yes Parking Spaces:108 132 Yes --Stall size 18.5’ x 9’ 18.5’ x 9’Yes Landscaping:52 new trees 53 new trees Yes Lighting (LZ1): --Fixture Height 25 ft. (max.) 15 ft.Yes --Lumens/sq. ft.1.25 (max.)1.22 Yes --Color Rendering Index (CRI) 70 (min.)70 Yes --Correlated Color Temperature (CCT) 4100 (max.) 4000 Yes The requested site plan amendment involves parking upgrades that include modifications to the parking lot layout to improve traffic flow coming into the site and within the parking areas. The plan also provides for new site lighting and sidewalks for improved pedestrian circulation. Parking The parking requirement for an elementary school is three parking spaces per classroom with adequate space provided for the dropping off and/or picking up of students as determined by the Zoning Administrator. There are four to five dedicated classrooms per grade level (K – 5) for a total of 30classrooms. There are also rooms for art, music, and Special Education for an additional six classrooms. Consequently, the city regulations require 108 spaces for this use. A total of 134 parking stalls exists on the site. A total of 2 parking stalls will be removed from the existing main parking lot. The proposed changes to the parking lot would bring the total to 132 parking stalls. The proposal would comply with City regulations relating to parking requirements. Access A portion of the existing main parking lot wouldbe reconfigured (dotted area) to improve vehicular flow and pedestrian movements through the site. The existing parking lot entrance would be widened to accommodate the additional traffic. An internal driveway will be removed (red area) to provide better traffic flow within the site. 61 2020027 Page 4 Lighting The project is located in lighting zone 1 (LZ-1) and must meet the requirements under section 21105.06 of the zoning ordinance. The applicant submitted a lighting plan showing the proposed location, mounting height, fixture details, and proposed lighting output that meets the LZ-1 lighting zone requirements. The proposal would comply with City regulations relating to lighting requirements. Landscaping Section 21130 of the zoning ordinance states that any non-residential use that abuts a property zoned for residential use shall provide screening along its boundary with the residential property. The applicant has submitted a plan showing 53 trees within the site to replace the 52 trees that would be removed. The majority of the landscaping will be planted on the east side of the parking lot to buffer the parking lot from the residential homes to the east. The proposal would comply with City regulations relating to landscaping requirements. Stormwater The City of Plymouth’s water quality requirements state that if one acre or more of new impervious surface is disturbed, then the City’s requirements would need to be met. A condition in the ProposedExisting 62 2020027 Page 5 attached resolution requires that the plans be reviewed and approved by the Engineering Department, and that the applicant obtain any required permits from other agencies, including the watershed district. Conclusion on Site Plan Amendment Staff finds that with the proposed conditions, the site plan amendment would comply with all City regulations. RECOMMENDATION: Community Development Department staff recommends approval of the site plan amendment for Anderson-Johnson Associates, Inc. for parking upgrades at Kimberly Lane Elementary School, subject to the conditions listed in the attached resolution. If new information is brought forward at the public meeting, staff may alter or reconsider its recommendation. ATTACHMENTS: 1. Draft Resolution Approving Amendment to the Site Plan 2. Location Map 3. Aerial Photo 4. Notification Area Map 5. Applicant’s Narrative and Site Graphics 63 Proposed Minutes 1 of 2 Meeting of May 20 2020 Proposed Minutes Planning Commission Meeting May 20, 2020 Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 20, 2020. COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba, David Witte, Justin Markell, Michael Boo and Julie Jones COMMISSIONERSABSENT: STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Kip Berglund, Senior Planner Lori Sommers, Community Development Director Steve Juetten, Community Development Coordinator Matt Lupini OTHERS PRESENT: Councilmember Ned Carroll Chair Anderson led the Pledge of Allegiance. New Business (6.01) Public meeting on site plan amendment for Anderson-Johnson Associates, Inc. for parking upgrades at Kimberly Lane Elementary School located at 17405 Old Rockford Road. (2020027) Senior Planner Sommers reviewed the staff report. Chair Anderson asked for details on the bus route. Senior Planner Sommers stated that from her understanding the bus route is not going to change. Chair Anderson introduced Jon Deutsch, representing the applicant, who stated that the morning drop off and afternoon pickup are currently different. He stated that the school’s principal is comfortable with the existing drop off and pick up and therefore that is not proposed to change. Chair Anderson referenced the south side, noting that curve appears tighter under the proposed plan compared to the existing conditions. He noted that could be a problem for the buses. Mr. Deutsch stated that he assumed that the project engineer has reviewed that element, noting that corner has gone through a few renditions. He identified a location that would be controlled with a stop sign. 64 Proposed Minutes 2 of 2 Meeting of May 20 2020 Chair Anderson introduced Mike Tierney, representing the applicant, who provided details on the changes that were made to that area in question in order for the buses and fire department vehicles to be able to make that turn. Chair Anderson welcomed any comments from the public. There were none. Chair Anderson commented that it is nice to see the school bettering its circulation. Motion was made by Commissioner Witte, and seconded by Commissioner Markell to recommend approval of site plan amendment for Anderson-Johnson Associates, Inc. for parking upgrades at Kimberly Lane Elementary School located at 17405 Old Rockford Road. With Oakley, Saba, Witte, Markell, Boo, Jones and Anderson voting in favor, the motion carried. Adjournment Chair Anderson adjourned the meeting at 9:14 p.m. 65 K SITE 2018022Greenway North18405, 18515, and 18535 County Road 47, 6035 Troy Ln N, and 5945 Troy Ln N Request for Requiding and Sketch Plan Old Rockford Rd.Jewel Ln.202002717405 Old Rockford Rd. Kimberly Lane Elem.Request for Site Plan Amendment 66 Hennepin County Locate & Notify Map 2020027 0 410 820205 Feet Date: 5/4/2020 Buffer Size:200Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 67 K SITEHwy 5 5Peony Ln.2018022Greenway North18405, 18515, and 18535 County Road 47, 6035 Troy Ln N, and 5945 Troy Ln N Request for Requiding and Sketch Plan Old Rockford Rd.Jewel Ln.202002717405 Old Rockford Rd. Kimberly Lane Elem.Request for Site Plan Amendment Holly Ln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ateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.111" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANREMOVALSNOTES:LEGENDCONCRETE PAVEMENT REMOVALSCONCRETE CURB AND GUTTER REMOVALSBITUMINOUS PAVEMENT REMOVALSFENCING REMOVALSUTILITY REMOVALSTREE REMOVALSSAWCUTPROPERTY LINE1. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. MINIMIZE DISTURBANCE TO SITE AND PROTECT EXISTING VEGETATION AND SITE FEATURES(CURBS, WALKS, PAVEMENTS, OVERHEAD AND UNDERGROUND UTILITIES, SIGNAGE, FENCING,ROADWAYS, ETC.) WHICH ARE TO REMAIN.3. REPAIR OR REPLACE EXISTING PROPERTY AND SITE FEATURES, INCLUDING GRASS ANDVEGETATION, WHICH IS TO REMAIN THAT IS DAMAGED BY THE WORK, TO OWNER'SSATISFACTION AND AT NO ADDITIONAL COST TO THE OWNER.4. VISIT THE SITE PRIOR TO BIDDING; BE FAMILIAR WITH ACTUAL CONDITIONS IN THE FIELD.EXTRA COMPENSATION WILL NOT BE ALLOWED FOR CONDITIONS WHICH COULD HAVE BEENDETERMINED OR ANTICIPATED BY EXAMINATION OF THE SITE, THE CONTRACT DRAWINGS ANDTHE INFORMATION AVAILABLE PERTAINING TO EXISTING SOILS, UTILITIES AND OTHER SITECHARACTERISTICS.5. THE CONTRACTOR SHALL HIRE THE SERVICES OF A UTILITY LOCATOR COMPANY TO LOCATEALL PRIVATELY OWNED UTILITIES THAT MAY BE DISTURBED BY CONSTRUCTION OPERATIONS.015 30KEY NOTE LEGENDREMOVE CONCRETE PAVEMENTREMOVE CONCRETE CURB AND GUTTER / VALLEY GUTTERREMOVE BITUMINOUS PAVEMENTREMOVE FENCING (INCLUDING FOOTINGS AND GATES)REMOVE TRAFFIC CONTROL SIGN AND POSTREMOVE TREEREMOVE WATERMAINREMOVE HYDRANTREMOVE GATE VALVEREMOVE STORM SEWER STRUCTURESAWCUTPROTECT CONCRETE PAVEMENTPROTECT CONCRETE CURB AND GUTTER / VALLEY GUTTERPROTECT BITUMINOUS PAVEMENTPROTECT FENCING (INCLUDING FOOTINGS AND GATES)PROTECT TRAFFIC CONTROL SIGN AND POSTPROTECT TREEPROTECT WATERMAINPROTECT HYDRANTPROTECT GATE VALVEPROTECT STORM SEWERPROTECT STORM SEWER STRUCTUREPROTECT SANITARY SEWERPROTECT SANITARY SEWER STRUCTUREPROTECT LANDSCAPING (MULCH, SHRUBS, ETC.)REFER TO SHEET UTILITY PLAN FOR TREATMENTREFER TO ELECTRICAL PLANS FOR TREATMENTR1R2R3R4R5R6R7R8R9R10R11P1P2P3P4P5P6P7P8P9P10P11P12P13P14X1X273 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX192121201C2.12B612MATCH EXISTING CURB STYLE1C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12B6121C2.12SURMOUNTABLE6C2.11REFER TO 1 / C1.31 FOR FOAM LAYOUT10C2.1110C2.1110C2.117C2.112C2.123C2.124C2.124C2.124C2.124C2.124C2.124C2.124C2.124C2.124C2.124C2.12REINSTALL SALVAGED BENCH -CONFIRM LOCATION WITH OWNER5C2.125C2.125C2.125C2.126C2.126C2.126C2.126C2.126C2.126C2.126C2.126C2.126C2.126C2.12C2.1214C2.121212C2.12C2.1214C2.121212C2.1212C2.12WALK FLUSH WITH PAVEMENT5C2.1210C2.11ADJUST HANDHOLE STRUCTURESTO FINISH GRADE. POUR WALKAROUND EXISTING STRUCTURES.2" INSULATION (2 SHEETS)1.5" INSULATION (2 SHEETS)1" INSULATION (2 SHEETS)LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.311" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANSITE015 30NOTES:LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED CONCRETE WALKPROPOSED BITUMINOUS PAVEMENTPROPOSED TRAFFIC CONTROL SIGNPROPOSED RETAINING WALLPAINTED ACCESSIBLE SYMBOLPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPERTY LINE1. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. ALL DISTURBED AREAS WHICH ARE NOT DESIGNATED TO BE PAVED SHALL RECEIVE AT LEAST6" OF TOPSOIL AND SHALL BE SODDED.4. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.5. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD ALL APPLICABLE AREAS, AT NOADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.1C2.114C2.126C2.126C2.118C2.119C2.1112C2.1111C2.117C2.128C2.129C2.1210C2.1210C2.1111C2.121C1.31FOAM INSULATION LAYOUTSCALE: 1" = 10'EXISTING PARKING COUNTS = 134 TOTAL STALLSPROPOSED PARKING COUNTS = 132 TOTAL STALLS (2 STALL REDUCTION)ACCESSIBLE PARKING STALL REQUIREMENTS = 5 STALLSACCESSIBLE PARKING STALLS PROVIDED = 5 STALLSSITE STATISTICS:74 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX192121209' x 18.5' STALLS (TYPICAL)4" WIDE PAINT STRIPE @ 3' O.C. (TYPICAL)PAINTED ACCESSIBLE SYMBOL (TYPICAL)YELLOW PAINTED CURB4" WIDE PAINT STRIPE (TYPICAL)4" WIDE PAINT STRIPE @ 3' O.C. (TYPICAL)YELLOW PAINTED CURBYELLOW PAINTED CURBYELLOW PAINTED CURB13.00'13.00'13.00'4" WIDE SINGLE WHITE PAINT STRIPE4" WIDE DOUBLE YELLOW PAINT STRIPE2' WIDE PAINTED 'STOP' BAR (TYPICAL)4" WIDE SINGLE WHITE PAINT STRIPE4" WIDE DOUBLE YELLOW PAINT STRIPEPAINTED DIRECTIONAL ARROW (TYPICAL)4" WIDE DOUBLEYELLOW PAINT STRIPE15.00'15.00'2' x 8' CROSSWALK PANELS @ 4' O.C. (TYPICAL)CENTERED ON PEDESTRIAN RAMPS11C2.12A7C2.124" WIDE PAINT STRIPE @ 3' O.C. (TYPICAL)BBBBBB13.00'4" WIDE SINGLE WHITE PAINT STRIPEDCDCA11C2.1111C2.11DC11C2.11DCDC11C2.1111C2.11DC11C2.114" WIDE PAINT STRIPE @ 3' O.C. (TYPICAL)LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.321" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANSTRIPINGSIGNAGE AND015 30NOTES:LEGEND1. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.3. SIGNAGE SHALL GENERALLY BE INSTALLED 18" BEHIND THE BACK OF CURB.REFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)PROPOSED TRAFFIC CONTROL SIGNSIGNAGE KEY NOTEPAINTED ACCESSIBLE SYMBOLPAINTED DIRECTIONAL ARROW - PER MnDOT PMA-1 (42"x114") AND PMA-2 (72"x96")2' x 8' CROSSWALK PANELS @ 4' O.C.4" WIDE PAINT STRIPE @ 3' O.C.PROPOSED YELLOW PAINTED CURBPROPERTY LINE1C2.11ASIGNAGE KEY NOTESMnMUTCD R1-1(30"x30")ASIMILAR TOMnMUTCD R7-1(12"x18")B7C2.128C2.129C2.1210C2.1211C2.128C2.129C2.12MnMUTCD S1-1(30"x30")CMnMUTCD W16-7P(24"x12")D75 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX99899999910001000100110011001100203.8 ME100210021003 1003100310031004100410041004 1005100602.710031004 1001100298.901.7 ME01.500.898.900.800.801.300.103.103.099.698.399.901.901.601.000.301.002.302.899.899.097.999.2 ME99.9 ME02.2 ME01.1 ME01.8 ME03.0 ME02.800.5 ME02.5 ME03.003.103.703.204.003.803.303.0 ME02.5 ME02.2 ME01.0 ME00.1 ME00.7 ME98.403.398.598.499.098.197.597.399.502.902.802.602.503.203.703.802.402.702.502.204.204.104.103.903.603.503.8 ME03.5 ME03.4 ME03.3 ME03.2 ME03.2 ME04.004.102.602.402.201.901.200.900.61000.097.7 ME97.897.9 ME98.103.9 ME04.2 ME04.4 ME06.2 ME04.3 ME04.5 ME04.3 ME04.2 ME04.1 ME04.2 ME04.3 ME03.9 ME03.9 ME04.0 ME04.1 ME03.4 ME03.5 ME03.7 ME04.4 ME04.5 ME04.5 ME05.1 ME05.1 ME04.1 ME03.5 ME04.0 ME03.8 ME03.0 ME03.3 ME02.3 ME98.0 ME97.8 ME97.3 ME97.2 ME98.3 ME97.7 ME98.799.398.6 ME99.0 ME99.4 ME98.4 ME03.9 ME03.7 ME03.4 ME02.7 ME02.4 ME02.2 ME02.7 ME05.5 ME05.4 ME04.7 ME03.6 ME01.3 ME01.5 ME01.3 ME01.3 ME01.1 ME02.0 ME01.3 ME01.8 ME01.5 ME01.5 ME01.8 ME02.1 ME02.5 ME01.901.901.504.504.504.304.403.403.503.303.303.403.303.903.203.403.202.403.103.903.804.804.803.503.001.700.800.298.803.402.8 ME02.8 ME03.8 ME04.4 ME04.4 ME03.7 ME04.1 ME03.5 ME03.4 ME04.2 ME04.7 ME04.5 ME04.2 ME04.0 ME04.1 ME04.4 ME03.8 ME03.2 ME02.902.903.904.504.203.903.003.503.303.103.2 ME01.5 ME01.5 ME03.0 ME01.2 ME00.9 ME00.5 ME00.3 ME00.6 ME02.5 ME03.3 ME01.000.601.302.6 ME03.0 ME02.6 ME02.9 ME03.1 ME02.6 ME02.7 ME02.9 ME03.904.504.304.202.9 ME03.0 ME03.8 ME03.6 ME01.9 ME02.7 ME03.803.9 ME03.7 ME03.5 ME03.9PROTECT EXISTING WETLAND. NO GRADING, TRAFFIC,MATERIAL STORAGE, OR OTHER DISTURBANCE PERMITTED.PROTECT EXISTING WETLAND. NO GRADING, TRAFFIC,MATERIAL STORAGE, OR OTHER DISTURBANCE PERMITTED.LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.411" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANDRAINAGEGRADING AND015 301. ALL CONSTRUCTION MUST COMPLY WITH APPLICABLE STATE AND LOCAL ORDINANCES.2. THE CONTRACTOR WILL BE RESPONSIBLE FOR AND SHALL PAY FOR ALL CONSTRUCTIONSTAKING / LAYOUT.3. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL RELATED CONSTRUCTION PERMITS,INCLUDING THE NPDES PERMIT FROM THE MPCA. SUBMIT A COPY OF ALL PERMITS TO THECITY.4. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL TRAFFIC CONTROL SIGNAGE (CONSTRUCTIONZONES) NECESSARY TO CONSTRUCT PROPOSED IMPROVEMENTS. ALL SIGNAGE LAYOUTSMUST BE DESIGNED BY THE CONTRACTOR AND APPROVED BY LOCAL AUTHORITIES.5. INSTALL CONTROL FENCING AND BARRICADING AS NECESSARY TO PROTECT THE PUBLIC.6. INSPECT SITE AND REVIEW SOIL BORINGS TO DETERMINE EXTENT OF WORK AND NATURE OFMATERIALS TO BE HANDLED.7. REFER TO SPECIFICATIONS FOR DEWATERING REQUIREMENTS.8. CHECK ALL PLAN AND DETAIL DIMENSIONS AND VERIFY SAME BEFORE FIELD LAYOUT.9. REFER TO THE STORM WATER POLLUTION PREVENTION PLAN (SWPPP) NARRATIVE, PART OFSECTION 01 89 13, FOR EROSION CONTROL REQUIREMENTS. SECTION 31 00 00 SHALL BERESPONSIBLE FOR FULL IMPLEMENTATION OF THE SWPPP.10. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATIONAS A RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.11. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.12. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND LOCAL REGULATIONS.13. CONTRACTOR SHALL MINIMIZE DISTURBANCE TO SITE AND PROTECT EXISTING SITE FEATURES(INCLUDING TURF AND VEGETATION) WHICH ARE TO REMAIN.14. PROPOSED CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISH GRADE UNLESSOTHERWISE NOTED.15. PROPOSED ELEVATIONS SHOWN TYPICALLY AS 01.1 OR 01 SHALL BE UNDERSTOOD TO MEAN1001.1 OR 1001.16. SPOT ELEVATIONS SHOWN IN PARKING LOTS, DRIVES AND ROADS INDICATE GUTTER GRADES,UNLESS NOTED OTHERWISE.17. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR DETERMINING QUANTITIES OF CUT,FILL AND WASTE MATERIALS TO BE HANDLED, AND FOR AMOUNT OF GRADING TO BE DONE INORDER TO COMPLETELY PERFORM ALL WORK INDICATED ON THE DRAWINGS. IMPORTSUITABLE MATERIAL AND EXPORT UNSUITABLE / EXCESS / WASTE MATERIAL AS REQUIRED. ALL COSTS ASSOCIATED WITH IMPORTING AND EXPORTING MATERIALS SHALL BE INCIDENTALTO THE CONTRACT.18. NO FINISHED SLOPES SHALL EXCEED 4' HORIZONTAL TO 1' VERTICAL (4:1), UNLESSOTHERWISE NOTED.19. ALL DISTURBED AREAS WHICH ARE NOT DESIGNATED TO BE PAVED SHALL RECEIVE AT LEAST6" OF TOPSOIL AND SHALL BE SODDED.20. WHERE NEW SOD MEETS EXISTING SOD, EXISTING SOD EDGE SHALL BE CUT TO ALLOW FOR ACONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.21. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD ALL APPLICABLE AREAS, AT NOADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.22. ANY MANHOLE, CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHERPOTENTIAL SOURCE FOR CONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEETHORIZONTALLY FROM ANY WATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATIONDISTANCE SHALL BE MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OFTHE CONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).23. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFOREBEGINNING CONSTRUCTION.GENERAL NOTESLEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)EXISTING CONTOUREXISTING SPOT ELEVATIONPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGPROPOSED GRADING LIMITSAPPROXIMATE SOIL BORING LOCATIONPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPERTY LINE1C2.111.)TOP NUT HYDRANT NEAR THE SOUTHWEST BUILDING CORNER OF KIMBERLY LANEELEMENTARY SCHOOL.ELEVATION = 1003.33 FEET (NAVD 1988)2.)TOP NUT HYDRANT IN THE NORTHEAST QUADRANT OF OLD ROCKFORD ROAD AND JEWELLANE.ELEVATION = 1004.40 FEET (NAVD 1988)3.)TOP NUT HYDRANT NEAR THE SOUTHEAST BUILDING CORNER OF KIMBERLY LANEELEMENTARY SCHOOL.ELEVATION = 1004.90 FEET (NAVD 1988)BENCHMARKS (FIELD VERIFY BEFORE USING)100504.68C2.119C2.1112C2.1111C2.1110C2.1176 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX99899999910001000100110011001100203.8 ME100210021003 1003100310031004100410041004 1005100602.710031004 1001100298.901.7 ME01.500.898.900.800.801.300.103.103.099.698.399.901.901.601.000.301.002.302.899.899.097.999.2 ME99.9 ME02.2 ME01.1 ME01.8 ME03.0 ME02.800.5 ME02.5 ME03.003.103.703.204.003.803.303.0 ME02.5 ME02.2 ME01.0 ME00.1 ME00.7 ME98.403.398.598.499.098.197.597.399.502.902.802.602.503.203.703.802.402.702.502.204.204.104.103.903.603.503.8 ME03.5 ME03.4 ME03.3 ME03.2 ME03.2 ME04.004.102.602.402.201.901.200.900.61000.097.7 ME97.897.9 ME98.103.9 ME04.2 ME04.4 ME06.2 ME04.3 ME04.5 ME04.3 ME04.2 ME04.1 ME04.2 ME04.3 ME03.9 ME03.9 ME04.0 ME04.1 ME03.4 ME03.5 ME03.7 ME04.4 ME04.5 ME04.5 ME05.1 ME05.1 ME04.1 ME03.5 ME04.0 ME03.8 ME03.0 ME03.3 ME02.3 ME98.0 ME97.8 ME97.3 ME97.2 ME98.3 ME97.7 ME98.799.398.6 ME99.0 ME99.4 ME98.4 ME03.9 ME03.7 ME03.4 ME02.7 ME02.4 ME02.2 ME02.7 ME05.5 ME05.4 ME04.7 ME03.6 ME01.3 ME01.5 ME01.3 ME01.3 ME01.1 ME02.0 ME01.3 ME01.8 ME01.5 ME01.5 ME01.8 ME02.1 ME02.5 ME01.901.901.504.504.504.304.403.403.503.303.303.403.303.903.203.403.202.403.103.903.804.804.803.503.001.700.800.298.803.402.8 ME02.8 ME03.8 ME04.4 ME04.4 ME03.7 ME04.1 ME03.5 ME03.4 ME04.2 ME04.7 ME04.5 ME04.2 ME04.0 ME04.1 ME04.4 ME03.8 ME03.2 ME02.902.903.904.504.203.903.003.503.303.103.2 ME01.5 ME01.5 ME03.0 ME01.2 ME00.9 ME00.5 ME00.3 ME00.6 ME02.5 ME03.3 ME01.000.601.302.6 ME03.0 ME02.6 ME02.9 ME03.1 ME02.6 ME02.7 ME02.9 ME03.904.504.304.202.9 ME03.0 ME03.8 ME03.6 ME01.9 ME02.7 ME03.803.9 ME03.7 ME03.5 ME03.9HYD 1 & 6" GVWET TAPEXISTING 8" WMADJUST GATE VALVESTO FINISH GRADECAP TEE / REPLACE WMAS REQUIRED FOLLOWINGHYDRANT LEAD REMOVALUGS 1ACB 1RIM = 1000.8INV. = 997.00INV. = 997.30 FD (3)48" IDR-3067-V58' - 12" RCP @ 0.69%INV. = 996.60CLEANING ROWINV. = 993.50 (6" OUTLET)INV. = 996.00 (12" OUTLET)MH 101RIM = 998.8INV. = 992.02 N/S (EXISTING - FIELD VERIFY)INV. = 993.40 W (6" PVC)INV. = 995.90 W (12" RCP)48" IDR-1642CONSTRUCT STRUCTURE OVER EXISTING PIPEAND PROVIDE FLEXIBLE JOINTS AT CONNECTIONS15' - 6" PVC @ 0.67%15' - 12" RCP @ 0.67%SAND INV. = 993.50BOTTOM OF CHAMBER = 993.506" PIPE OUT INV. = 993.5012" PIPE OUT INV. = 996.00HWL = 996.89REPLACE TOP SLAB AND CASTING. ADJUST TOFINISH GRADE AND PROVIDE NEW TOP SLAB,ADJUSTING RINGS, AND R-1642 CASTING.CB 3RIM = 1003.1INV. = 996.52 (EXISTING - FIELD VERIFY)INV. = 999.60 FD (3)48" IDR-3067-VCONSTRUCT STRUCTURE OVER EXISTING PIPEAND PROVIDE FLEXIBLE JOINTS AT CONNECTIONSCB 2RIM = 998.3INV. = 994.5448" IDR-3067-V5' - 12" PVC @ 2.34%CONNECT TO EXISTING 12" PVCSTORM PIPE AT INV. = 994.42(EXISTING - FIELD VERIFY)ADJUST CASTING TO FINISHGRADE - PROVIDE ADJUSTINGRINGS AS REQUIRED.CONNECT FD (2) @ INV. =995.40. PROVIDE FLEXIBLEJOINT AT CONNECTIONS.5C2.115C2.1110.00'MIN10.00'MIN5C2.1114C2.1115C2.11PROTECT EXISTING WETLAND. NO GRADING, TRAFFIC,MATERIAL STORAGE, OR OTHER DISTURBANCE PERMITTED.PROTECT EXISTING WETLAND. NO GRADING, TRAFFIC,MATERIAL STORAGE, OR OTHER DISTURBANCE PERMITTED.LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.511" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANUTILITY015 30LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)EXISTING CONTOURPROPOSED CONTOURPROPOSED SPOT ELEVATIONME = MATCH EXISTINGPROPOSED GRADING LIMITSAPPROXIMATE SOIL BORING LOCATIONPROPOSED STORM SEWERPROPOSED FINGER DRAIN (FD)PROPOSED WATERMAINPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED HYDRANT (HYD)PROPOSED GATE VALVE (GV)PROPERTY LINE1C2.11100504.61. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. ALL WATERMAIN SHALL BE AWWA C900, CAST IRON OD, DR 18, PVC PIPE INSTALLED INACCORDANCE WITH ASTM D2321. ALL WATERMAIN SHALL HAVE MINIMUM 8'-0" BURY (TOP OFPIPE TO FINISH GRADE).3. ALL STORM SEWER PIPE SHALL BE RCP, CLASS III (MIN.), WITH FLEXIBLE WATERTIGHT JOINTSIN ACCORDANCE WITH ASTM C-361 OR PVC PIPE (ASTM D3034, SDR 35) INSTALLED INACCORDANCE WITH ASTM D2321, UNLESS OTHERWISE NOTED.4. FLEXIBLE JOINTS AT STORM SEWER PIPE CONNECTIONS TO STRUCTURES:a. IN ACCORDANCE WITH MINNESOTA PLUMBING CODE, PROVIDE FLEXIBLE JOINTS AT ALLPIPE CONNECTIONS TO ALL STORM SEWER STRUCTURES.b. ACCEPTABLE MANUFACTURERS / PRODUCTS:i.FERNCO, “CONCRETE MANHOLE ADAPTORS” OR “LARGE-DIAMETER WATERSTOPS”ii. PRESS-SEAL, WATERSTOP GROUTING RINGS”iii. OR APPROVED EQUAL.5. WATERMAIN SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY FROM ANY MANHOLE,CATCH BASIN, STORM SEWER, SANITARY SEWER, DRAINTILE OR OTHER POTENTIAL SOURCEFOR CONTAMINATION PER MINNESOTA PLUMBING CODE. THIS ISOLATION DISTANCE SHALL BEMEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THECONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).6. ANY MANHOLE, CATCH BASIN, STORM SEWER, DRAINTILE OR OTHER POTENTIAL SOURCE FORCONTAMINATION SHALL BE INSTALLED AT LEAST 10 FEET HORIZONTALLY FROM ANYWATERMAIN PER MINNESOTA PLUMBING CODE. THIS ISOLATION DISTANCE SHALL BEMEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THECONTAMINATION SOURCE (OUTER EDGE OF STRUCTURES OR PIPING OR SIMILAR).7. LOCATE ALL EXISTING UTILITIES, VERIFY LOCATION, SIZE AND INVERT ELEVATION OF ALLEXISTING UTILITIES. VERIFY LOCATIONS, SIZES AND ELEVATIONS OF SAME BEFORE BEGINNINGCONSTRUCTION.8. CONTRACTOR SHALL STAKE LIMITS OF WALKS AND CURBING PRIOR TO INSTALLATION OFGATE VALVES, CATCH BASINS AND MANHOLES. GATE VALVE AND MANHOLE LOCATIONSSHALL BE ADJUSTED TO AVOID PLACEMENT OF THESE STRUCTURES IN WALKS AND CURBAND GUTTER. CURB AND GUTTER SHALL BE STAKED TO ALLOW CURB INLET TYPE CATCHBASINS TO BE PROPERLY LOCATED IN LINE WITH CURBING.9. CONTACT CITY INSPECTOR TONY MOENING AT (612) 490 - 4874 AT LEAST 48 HOURS BEFOREBEGINNING UTILITY WORK.10. TRAFFIC CONTROL WILL BE REQUIRED ON SUNSET TRAIL AND TEAKWOOD LANE. TRAFFICCONTROL TO BE REVIEWED AND APPROVED BY CITY INSPECTOR TONY MOENING (612) 490 -4874. RECOMMEND CONTACTING HIM AT LEAST 7 DAYS BEFORE WORK.NOTES5C2.118C2.119C2.1112C2.1111C2.1110C2.1177 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX998999999100010001001100110011002 100210021003 1003100310031004100410041004 1005100610031004 10011002AAAAPROPOSED TEMPORARYDIVERSION BERM.PROVIDE DAILY SWEEPINGOF ALL PAVED AREASPROVIDE DAILY SWEEPINGOF ALL PAVED AREASPROVIDE DAILYSWEEPING OF ALLPAVED AREASAPROVIDE DAILYSWEEPING OF ALLPAVED AREASPROVIDE DAILY SWEEPINGOF ALL PAVED AREASAA2C2.111C2.111C2.113C2.111C2.11LANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284PROFESSIONAL ENGINEERMINNESOTAC1.611" = 30'DARMET04/17/20201920874018004/17/2020DAVID A. REYPLANPREVENTIONEROSIONCONTROL ANDSEDIMENT015 301. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. REFER TO SWPPP NARRATIVE (SECTION 01 89 13) FOR CONSTRUCTION SEQUENCING ANDEROSION CONTROL REQUIREMENTS.3. MAINTAIN ADJACENT PROPERTY AND PUBLIC STREETS CLEAN FROM CONSTRUCTION CAUSEDDIRT AND DEBRIS ON A DAILY BASIS. PROTECT DRAINAGE SYSTEMS FROM SEDIMENTATION ASA RESULT OF CONSTRUCTION RELATED DIRT AND DEBRIS.4. MAINTAIN DUST CONTROL DURING GRADING OPERATIONS.5. ALL EROSION CONTROL METHODS SHALL COMPLY WITH MPCA AND OTHER LOCALREGULATIONS.6. IF EROSION AND SEDIMENT CONTROL MEASURES TAKEN ARE NOT ADEQUATE AND RESULT INDOWNSTREAM SEDIMENT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR CLEANING OUTDOWNSTREAM STORM SEWERS AS NECESSARY, INCLUDING ASSOCIATED RESTORATION.7. INLET PROTECTION DEVICE AT STORM SEWER INLETS. AT THE INLETS TO ALL STORM SEWERSTRUCTURES, PROVIDE A PRODUCT FROM THE FOLLOWING LIST. APPROVED PRODUCTS:a. ROAD DRAIN "TOP SLAB", MANUFACTURED BY WIMCOb. ROAD DRAIN "CURB & GUTTER", MANUFACTURED BY WIMCOc. INFRASAFE "SEDIMENT CONTROL BARRIER", MANUFACTURED BY ROYALENVIRONMENTAL SYSTEMS, INC.d. INFRASAFE "DEBRIS COLLECTION DEVICE", MANUFACTURED BY ROYALENVIRONMENTAL SYSTEMS, INC.e. INFRASAFE "CULVERT INLET PROTECTOR", MANUFACTURED BY ROYAL ENVIRONMENTALSYSTEMS, INC.f. DANDY SACK, MANUFACTURED BY DANDY PRODUCTS, INC.g. DANDY CURB SACK, MANUFACTURED BY DANDY PRODUCTS, INC.h. OR APPROVED EQUAL.8. PRIOR TO CONSTRUCTION, DELINEATE TURF AND VEGETATED AREAS NOT TO BE DISTURBEDWITH ORANGE SNOW FENCE. NO CONSTRUCTION TRAFFIC, EQUIPMENT OR MATERIALS SHALLBE PERMITTED TO UTILIZE, ACCESS, OR OTHERWISE ENTER THE AREAS DESIGNATED NOT TOBE DISTURBED. MINIMIZE SOIL COMPACTION AND DISRUPTION OF TOPSOIL IN AREAS OUTSIDETHE CONSTRUCTION LIMITS TO COMPLY WITH MN CONSTRUCTION STORMWATER GENERALPERMIT.NOTESLEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)EXISTING CONTOURPROPOSED CONTOURPROPOSED GRADING LIMITSPROPOSED STORM SEWERPROPOSED MANHOLE (MH)PROPOSED CATCH BASIN (CB)PROPOSED SILT FENCEPROPOSED ROCK CONSTRUCTION ENTRANCEPROPOSED TEMPORARY DIVERSION BERMINLET PROTECTION DEVICE AT STORM SEWER INLETPROPERTY LINESILT FENCE = 320 L.F.ROCK CONSTRUCTION ENTRANCE = 35 C.Y.INLET PROTECTION DEVICE AT STORM SEWER INLET = 10APPROXIMATE EROSION CONTROL DEVICEQUANTITIESA1C2.1110058C2.119C2.1110C2.111C2.112C2.113C2.11EXCERPT FROM THE SWPPP NARRATIVEThe following is from the Storm Water Pollution Prevention Plan Narrative, Section 01 89 13 of the Project Manual. In accordance withSection 31 00 00, the Contractor shall be responsible for full implementation of and maintenance required by the SWPPP Narrative until theNotice of Termination is approved by the MPCA. Should differences arise between the SWPPP Narrative information described below and theinformation contained within the SWPPP Narrative, bound into the Project Manual, the SWPPP in the Project Manual shall govern.SECTION 5GENERAL CONSTRUCTION SEQUENCE5.1Erosion Control DevicesSilt fenceSediment Control Device at storm sewer inletsSediment logRock construction entranceRock check damsRip rapStorm water treatment basinsTemporary sediment basinsStorm sewer systemsTemporary outlet pipesErosion control blanketTemporary seedingFinal seeding / soddingTemporary / permanent vegetationand/orOther features identified by the Minnesota Pollution Control Agency, City or Engineer as a Best Management Practice (BMP) device.5.2 NPDES PermitContractor shall apply for NPDES Phase II Permit within 24 hours of award of Contract.The Contractor shall post the permit in the job site trailer or other suitable temporary storage area.5.3 SWPPP Review, Sequencing and RequirementsThe Contractor shall review the SWPPP and notify the Engineer if site conditions, construction sequencing, or other items are different or require modification from thiswritten SWPPP. The Engineer will review the suggested modifications and amend the SWPPP accordingly.5.4 SWPPP Construction SequenceWork includes installation of erosion control devices, excavation, grading, erosion control, storm sewer, watermain, curbing, paving, sodding, seeding, landscaping, andsite restoration.Following review of the SWPPP plans commence with the construction sequence.1.Prior to construction, delineate turf and vegetated areas not to be disturbed with orange snow fence. No construction traffic, equipment or materials shall bepermitted to utilize, access, or otherwise enter the areas designated not to be disturbed. Minimize soil compaction and disruption of topsoil in areas outside theconstruction limits to comply with MN Construction Stormwater General Permit.2.Install perimeter silt fence where indicated on the Drawings. Silt fence shall be as specified in Section 31 25 00.3.Locally strip topsoil and push topsoil into minimum 2 foot high temporary berms at perimeter silt fence locations for redundant erosion protection. Where possible,leave an undisturbed vegetation strip between the temporary topsoil berm and the silt fence. Specifically along the existing wetland edge, space redundantsediment controls (silt fence and temporary earth berm) a minimum 5' feet apart. This specific area lies within the 50' buffer from a water body and redundantsediment controls are required. For all locations, silt fence shall be located downslope from the temporary berm.a.Provide temporary seed and mulch on temporary berms as described herein.4.Construct Sediment Control Devices at existing storm sewer inlets (hay bales around castings and silt fence under castings will not be acceptable).5.Construct the rock construction entrances.6.Have silt fence and other erosion control devices inspected by local authorities, as required by the local authority.7.Re-install all sediment control practices that have been adjusted or removed to accommodate short-term activates, such as passage of construction vehicles orequipment, immediately after the short-term activity has been completed. All sediment control practices shall be re-installed before the next precipitation event if theshort term activity is not complete.8.Begin mass grading of the site, recognizing the following sequence:a.In existing pavement areas, minimize pavement removals until earthwork operations are ready to commence. Do not leave soil exposed for periods longerthan 7 days.b.In fill areas, strip and stockpile soils prior to placement of subsequent fill.i.Provide temporary seed and mulch on stockpiles as described herein.ii.Provide silt fence at the base of stockpiles, full perimeter. This silt fence may not be shown on the plans but shall be included in the Contractor’s lumpsum bid.c.In cut areas, strip and stockpile soils prior to placement of subsequent fill.i.Provide temporary seed and mulch on stockpiles as described herein.ii.Provide silt fence at the base of stockpiles, full perimeter. This silt fence may not be shown on the plans but shall be included in the Contractor’s lumpsum bid.d.Establish subgrade elevations for the parking areas, drives and walks.e.Rough grade and establish subgrade elevation for the play field.9.Simultaneously with mass grading work, begin installation of storm sewer system.a.Construct Sediment Control Devices at proposed storm sewer inlets (hay bales around castings and silt fence under castings will not be acceptable).b.Begin construction of the underground storage system.i.Protect the underground storage system during construction.ii.Construct the temporary berm around the excavation to prevent construction site sediment from reaching the underground storage system. Thetemporary berm can be a simple wind-row of soil pushed into a berm from the adjacent area.iii.Do not allow sediment to reach the underground system. Maintenance of Sediment Control Devices is critical until the upslope areas are stabilized.iv.Once backfilling the underground storage system is complete, remove the temporary berm.10.Construct the watermain.a.Remove existing surface features (pavements, curbing, etc.). Minimize disturbance to minimize erosion potential.b.Strip and stockpile topsoil. Provide temporary seed and mulch on stockpile as described herein.c.Stockpile excavated soils away from drainage swales.d.Backfill excavations at the end of each day.11.Begin construction of the paved areas, using the following sequence:a.Once pavement subgrade testing is complete, construct the stabilized aggregate base course. This will serve as temporary stabilization for the pavementareas.b.Construct curb and gutter and concrete walks. This will serve as permanent stabilization for the walk areas.12.Complete stabilization of outlying areas.a.Prior to spreading topsoil, till all subgrade soils that will receive topsoil to a minimum depth of 12 inches as specified in Section 31 00 00 Earthwork.b.Spread topsoil and finish grade the outlying areas.c.Prepare these areas for final restoration (seeding and sodding).d.Provide final seed and erosion control blanket (where indicated on the drawings) or seed and mulch where erosion blanket is not indicated. This will serve aspermanent stabilization for the outlying vegetated areas.13.Continue construction of the parking areas, drives and walks, using the following sequence:a.Construct the first lift of pavement. This will serve as permanent stabilization for the parking areas and drives.b.Sod / seed the areas surrounding the parking lots. Provide a temporary irrigation system to keep sod and seed adequately watered.i.At this time these parking lot areas will be completely stabilized with the first lift of pavement and the sod / seed installed.c.Install landscaping and plantings.14.Provide final lift of pavement and pavement markings.15.Provide final stabilization and cleanup of the site.5.5 Erosion Control Device InspectionProvide maintenance to erosion control devices and BMP’s to comply with the requirements of the permit.Re-install all sediment control practices that have been adjusted or removed to accommodate short-term activates, such as passage of construction vehicles orequipment, immediately after the short-term activity has been completed. All sediment control practices shall be re-installed before the next precipitation event if the shortterm activity is not complete.Inspect erosion control devices and provide routine maintenance as follows:1.Inspect erosion control a minimum of once per week and after each rain event measuring 0.5" or more. Provide a rain gauge at the site and use the rain gauge todocument rainfall events. Record inspection on log posted in Contractor’s construction trailer or other suitable temporary storage area.a.Records of each inspection and maintenance activity shall include:i.Date and time of inspectionsii.Name of person conducting inspectioniii.Findings of inspections, including recommendations for corrective actionsiv.Findings shall include photographs, accurate description of the observations (i.e. color, odor, settled or suspended solids, oil sheen, or other pollutants),and a map describing the locations of the observationsv.Corrective actions taken (including dates, times, and party completing maintenance activitiesvi.Date and amount of all rainfall events greater than one quarter inch (0.25 inch) in 24 hours(1)Documentation of changes made to the SWPPP as required by the NPDES General Stormwater Permit for Construction Activity (MN R100001)b.Inspections are not required where the ground is frozen. The required inspections and maintenance schedule must begin within 24 hours after runoff occurs atthe site or 24 hours prior to resuming construction, whichever comes first.c.Inspections of areas with permanent cover may be reduced to once per month, even if construction activity continues on other portions of the site. Once allconstruction activity is complete, monthly inspections may be terminated after one year following completion of all construction activities.2.Provide maintenance for all devices as follows:a.Silt fences, sediment logs, and erosion control devices at storm sewer inlets shall be inspected for depth of sediment, tears, to see if fabric is securely attachedto support posts or structure, and to see that posts and devices are securely in place.b.Silt fences, sediment logs and erosion control devices at storm sewer inlets, and other erosion control devices shall be cleaned when sediment reaches 1/3the height of the erosion control device, within 24 hours.c.Rock construction entrances shall be inspected for clogging of river rock. River rock that has become clogged with sediment shall be removed and replacedwith fresh river rock.d.Repairs or replacements to all erosion control devices shall occur within 24 hours of discovery.e.Temporary diversion berms shall be inspected and any breaches promptly repaired.f.Tracked sediment from construction vehicles on to public streets and paved areas (including paved areas on the construction site) shall be removed within 24hours of discovery.g.Removal of sediment and restabilization of Surface Waters shall be accomplished within 7 days of discovery (note: surface waters include curb and gutter,pavements, storm sewer, swales, or other similar storm water conveyance devices).h.Inlet protection may be removed if a local unit of government directs the permitee to do so because of a specific safety concern.3.Street sweeping (with a pickup broom only) shall be provided on a daily basis.5.6Temporary Soil StockpilesTemporary soil stockpiles shall not be placed in surface waters of the state, including surface conveyances such as curb and gutter, swales, or ditches.Temporary soil stockpiles shall be seeded with temporary seed mix and hydromulch when stockpiles are left inactive for seven (7) days. Note, this does not apply toaggregate stockpiles or other stockpiles without significant silt, clay or organic components (clean aggregate stockpiles, clean rock, clean sand and similar cleanaggregates).Provide silt fence at the base of all stockpiles, including clean aggregate and similar stockpiles, full perimeter.Denuded AreasStabilize denuded areas, initiated immediately, within 7 days of last construction activity (temporary or permanent) in that area except for temporary soil stockpiles.Temporary soil stockpiles shall be treated with appropriate erosion control measure, including silt fence and temporary seeding when stockpiles are left inactive forperiods longer than 7 days.5.7 Steep Slope DisturbancesSteep slopes, defined as slopes steeper than three feet horizontal to one foot vertical (3:1), are proposed for this project. Steep slopes shall be treated with temporaryseed and erosion blanket within 7 days of construction or prior to the next rainfall event. There are no existing slopes at 3:1 or steeper on this project.5.8 Dewatering PracticesProvide dewatering of excavations as identified in Section 31 00 00.5.9 Substantial Completion / Turf Establishment1.Provide maintenance of all seeded and sodded areas until fully established.2.Provide cleaning of storm sewer system at the completion of the project.a.Cleaning shall include removal of accumulated sediment from all surface waters as defined by the permit (for example, curb and gutter, pavements, swales,and storm sewer piping and structures).3.Remove silt fence and erosion control devices at storm sewer inlets following full establishment of site vegetation. Dispose materials properly off-site.4.Apply for Notice of Termination (NOT) with MPCA. NOT must be submitted within 30 days after:a.Site has undergone Final Stabilization (at least 80% vegetative cover), andb.Removal of all temporary erosion control measures (silt fence, etc.), andc.Final cleanout and maintenance of all permanent storm water facilities, andd.Completion of all maintenance activities and site cleanup.78 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX1CO1PCCO23PDAN2UP1AN11GSGS1UP1QR11AN1AN4SRTM5CO2QR1JE31JE3TWQR32PDTW2UP12UP3PCGS22GSRESTORE LANDSCAPED AREA AS REQUIREDLANDSCAPE ARCHITECTURE SITE PLANNING CIVIL ENGINEERINGANDERSON - JOHNSONASSOCIATES,INC.7575 GOLDEN VALLEY ROAD SUITE 200 MINNEAPOLIS. MN 55427FAX (763) 544-0531 PH (763) 544-7129DateRegistration NumberCheckDrawnDate:CommI hereby certify that this plan, specification or report was prepared byme or under my direct supervision and that I am a duly Licensedunder the laws of the State ofRevisionsDescription Date NumScale:NorthKIMBERLY LANEELEMENTARYSCHOOL 2020SITE SAFETYIMPROVEMENTS17405 Old Rockford RoadPlymouth, MN 55446210 County Road 101 NorthWayzata, MN 55391Independent SchoolDistrict #284LANDSCAPE ARCHITECTMINNESOTAL1.111" = 30'LJDLJD04/17/20201920875375304/17/2020LAURA J. DETZLERPLANLANDSCAPING015 30NOTES:LEGENDREFERENCE KEY TO SITE DETAILS DETAIL I.D NUMBER (TOP) DETAIL SHEET NUMBER (BOTTOM)APPROXIMATE SOD LIMITSPROPERTY LINE1. REFER TO SHEET C1.41, GRADING AND DRAINAGE PLAN, FOR GENERAL NOTES.2. REFER TO SWPPP NARRATIVE FOR CONSTRUCTION SEQUENCING AND EROSION CONTROLREQUIREMENTS.3. LANDSCAPE ARCHITECT MUST INSPECT AND APPROVE FINISH GRADING BEFORECONTRACTOR PROCEEDS WITH SODDING.4. ALL DISTURBED AREAS WHICH ARE NOT DESIGNATED TO BE PAVED SHALL RECEIVE AT LEAST6" OF TOPSOIL AND SHALL BE SODDED.5. WHERE NEW SOD MEETS EXISTING TURF, EXISTING TURF EDGE SHALL BE CUT TO ALLOW FORA CONSISTENT, UNIFORM STRAIGHT EDGE. JAGGED OR UNEVEN EDGES WILL NOT BEACCEPTABLE. REMOVE TOPSOIL AT JOINT BETWEEN EXISTING AND NEW AS REQUIRED TOALLOW NEW SOD SURFACE TO BE FLUSH WITH EXISTING.6. FAILURE OF TURF DEVELOPMENT: IN THE EVENT THE CONTRACTOR FAILS TO PROVIDE ANACCEPTABLE TURF, THE CONTRACTOR SHALL RE-SOD ALL APPLICABLE AREAS, AT NOADDITIONAL COST TO THE OWNER, TO THE SATISFACTION OF THE ENGINEER.7. BEGIN TURF ESTABLISHMENT IMMEDIATELY AFTER SODDING, REFER TO SPECIFICATION FORPROCEDURE.8. ALL TREES TO BE BALLED AND BURLAPPED.9. ALL TREES SHALL RECEIVE 4" DEPTH OF CLEAN SHREDDED HARDWOOD MULCH, UNLESSOTHERWISE SPECIFIED.10. ALL PLANT MATERIALS SHALL BE NO. 1 QUALITY, NURSERY GROWN AND SPECIMENS MUST BEMATCHED. ALL OVERSTORY TREES ADJACENT TO DRIVE AND IN PARKING LOT SHALL BEGINBRANCHING NO LOWER THAN 6'.1C2.11TREESCODEBOTANICAL / COMMON NAMECONTCALSIZEQTYAN Acer rubrum `Northwood` / Northwood Red Maple B&B 2.5" 5CO Celtis occidentalis / Common Hackberry B&B 2.5" 5GS Gleditsia triacanthos `Skyline` / Skyline Honey Locust B&B 2.5" 6QR Quercus x warei `Regal Prince` / Regal Prince Oak B&B 2.5" 5TM Tilia americana `McKSentry` / American Sentry Linden B&B 2.5" 5UP Ulmus x `New Horizon` / New Horizon Elm B&B 2.5" 5CONIFEROUS TREESCODEBOTANICAL / COMMON NAMECONTCALSIZEQTYJE Juniperus virginiana / Eastern Red Cedar B&B 6` H 4PD Picea glauca `Densata` / Black Hills Spruce B&B 6` H 5PC Pinus cembra / Swiss Stone Pine B&B 6` H 4TW Thuja occidentalis `White Cedar` / White Cedar B&B 6` H 5ORNAMENTAL TREESCODEBOTANICAL / COMMON NAMECONTCALSIZEQTYSR Syringa reticulata / Japanese Tree Lilac B&B 1.5" 4PLANT SCHEDULE17C2.1118C2.1117C2.1179 PlanningandZoningAppLicationFormPage26.BRIEFDESCRIPTIONOFREQUEST:(Attachseparatesheet,ifnecessary)Theprojectisaimed atimprovingvehicularflowandpedestrianmovementsthroughthesite.Parkingcapacityhasbeendecreasedby2stalls(from134existingto132proposed).Utilities,landscaping,andlightingaretobepartoftheprojectscope.Iherebyapplyfortheaboveconsiderationanddeclarethattheinformationandmaterialssubmittedwiththisapplicationarecompleteandaccuratepercitycodeandordinancerequirements.Iunderstandthatthecitywillprocesstheapplicationoncetheplanningdivisionfindsthatitiscomplete.Iunderstandandagreethatthecitymayplaceasignonmypropertyfor purposesofnotificationthatanapplicationisunderconsideration.PLEASENOTE:Ifthepropertyfeeownerisnottheapplicant,theapplicantmustprovidewrittenauthorizationfromthepropertyfeeownerinordertomakeapplication.PROPERTYFEEOER(S)SIGNATURE(S):___________________________________________________Ogy&odbyD.R.yDavidRevAPPLICANT(S)SIGNATURE(S):________________________________________________________________________________DATE:/,rzt1****************************************FORCITYUSEONLY***********************************************ProjectName:__________________________________________TypeofProject:___________APPLICATIONFEETOTALFEESDUE$________SIGNFEEWETLAMJ-RELATEDFEESESCROW(400-2800)$APPROVEDFORDEPOSITBYDEPARTMENTCONTACT:0:/Ptan/Forms/PtanningApps/Appform80 CITY OF PLYMOUTH RESOLUTION NO. 2020-176 RESOLUTION APPROVING SITE PLAN AMENDMENT FOR LANE ELEMENTARY SCHOOL LOCATED AT 17405 OLD ROCKFORD ROAD (2020027) WHEREAS, Anderson-Johnson Associates, Inc. has requested approval of a site plan amendment for upgrades to the parking lot and related site improvements at Kimberly Lane Elementary School, at 17405 Old Rockford Road, legally described as follows: That part of the West Half of the Northwest quarter of Section 17, Township 118, Range 22, described as beginning at the Southwest corner of said West Half of the Northwest Quarter; thence East along the South line thereof to a point 654.4 feet West along said South line from the Southeast corner of said West Half of the Northwest Quarter; thence North parallel to the East line of said West Half of the Northwest Quarter to the center line of County Road 9, thence Westerly along the center line of said road to the West line of said West Half of the Northwest Quarter; thence South along said West line to the point of beginning, according to the Government Survey thereof in Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by Anderson-Johnson Associates, Inc. for a site plan amendment for parking upgrades and related site improvements at Kimberly Lane Elementary School at 17405 Old Rockford Road, subject to the following conditions: 1. A site plan amendment is approved to allow parking upgrades at Kimberly Lane Elementary School in accordance with the plans received by the City on March 20, 2020, April 14, 2020, May 4, 2020, with additional information received onMay 5, 2020, except as may be amended by this resolution. 2. Prior to starting project, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Complete a site improvement performance agreement and provide the related financial guarantees and fees pursuant to Section 21045.10 of the zoning ordinance. b. Obtain city approval of final construction plans. c. Obtain Bassett Creek watershed district approval. 3. Revise the plans to meet fire requirements as follows: a. Provide fire lane signs in approved locations. b. Identify the PIV and FDC locations. c. Provide details on gate opening operation for approval. 81 Resolution 2020-176 File 2020027 Page 2 d. Provide the school district’s policy for the removal of vehicles on fire lanes in an emergency for approval. e. All drives and fire lane repairs and reconstruction must be in compliance with the city fire lane construction requirements. f. Relocate the northeast hydrant to an approved location. 4. Revise the plans to meet engineering requirements as follows: a. Provide the required stormwater maintenance agreement. b. Revise plans to include city project #2020-027 on all sheets. c. Add SWPPP to the plans. 5. Silt fence shall be installed prior to any construction on the site. 6. All construction parking shall be located on-site. 7. Standard Conditions: a. Any signage shall receive separate sign permits and comply with section 21155 of the zoning ordinance. b. Any new proposed exterior lighting fixtures shall meet current zoning ordinance standards pursuant to section 21105.06. c. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. d. The site plan amendment shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the applicant, with the consent of the property owner, has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under section 21045.09 of the zoning ordinance. APPROVED by the City Council this 9th day of June, 2020. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 9, 2020, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ________day of ______________________, ____________. __________________________________ City Clerk 82 Regular City Council June 9, 2020 Agenda Number:6.4 To:Dave Callister, City Manager Prepared by:Matt Lupini, Community Development Coordinator Reviewed by:Steve Juetten, Community Development Director Item:Amend 2019 Community Development Block Grant Annual Action Plan (Res2020-177) 1. Action Requested: Adopt attached resolution repealing Resolution 2020-131 and approving amendment of the 2019 Community Development Block Grant (CDBG) Annual Action Plan, as well as the allocation of CDBG supplemental funding received for COVID-19 (coronavirus) preparation, prevention, and response. 2. Background: The Housing and Redevelopment Authority (HRA) recommended amendment of the 2020 Annual Action Plan on May 7 (HRA Resolution 2020-03), and the Council approved the amendment on May 12 (Resolution 2020-131). Since that time, staff was made aware that consortium members must all follow the same amendment process including the program year of the Annual Action Plan they choose to amend. Plymouth is part of the Hennepin County Consortium, and the lead entity - Hennepin County - chose to amend its 2019 Annual Action Plan. Thus, Plymouth must do the same. The proposed amendment to the 2019 Annual Action Plan is the same as the amendment to the 2020 Annual Action Plan approved at the May 12 meeting. The HRA recommended the Council approve the 2019 Annual Action Plan on February 28, 2019 (HRA Resolution 2019-01). The Council approved the 2019 Action Plan on March 12, 2019 (Resolution 2019-053). The Annual Action Plan is prepared to meet the statutory planning and application requirements for the receipt and use of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD), The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) made available $5 billion in CDBG-CV funds. HUD has allocated $173,665 to the City. The allocation of CDBG-CV funds represents a change that, by definition, constitutes a substantial amendment due to its increasing the amount awarded to activities by a minimum of $100,000 and creates new activities. As a result, it must be approved by both the HRA and Council. The required notice was published in the City's official newspaper on May 28 for a five-day public comment period. The City received a waiver from HUD to shorten the required 30-day comment period to five days as part of the CARES Act. At the June 4 HRA meeting, the HRA held a public hearing to consider comments on the substantial amendment. After hearing comments, the HRA Board of Commissioners voted to approve Resolution 2020-03, which recommends the Council approve the substantial amendment and the associated funding allocations. Funding Recommendations: 83 Staff is recommending $15,000 of CDBG-CV funds be allocated to the Home Rehabilitation program, which will provide an additional two emergency repair grants for COVID-19 impacted households. Staff is further recommending that CDBG-CV funding of $25,000 be allocated to Hammer Residences, Inc. for the purchase of personal protective equipment (PPE) for staff, the purchase of technology equipment such as laptops, desktop computers, and tablets to allow for remote work, and the replacement of kitchen countertops with antimicrobial countertops at two Plymouth homes. CDBG regulations typically cap allocations to public service entities at 15% of the total grant. This requirement has been waived for CDBG-CV funds. Staff is thus recommending an allocation of $128,665 to public service agencies who submitted an application for funding. All agencies recommended for funding are existing public service partners of the City. The attached Funding Summary Table provides more specific information on each submission. Finally, staff is recommending $5,000 be allocated to Program Administration in order to cover additional time spent administering the CDBG-CV grants. While HUD's allocation of CDBG-CV funds to Plymouth does necessitate a substantial amendment to the 2019 Annual Action Plan, staff has not recommended any changes to the originally adopted funding. CDBG-CV funds will be used to supplement existing programs with new needs. All changes to the Action Plan have been highlighted for reference. 3. Budget Impact: There is no direct financial impact to the City. The anticipated CDBG-CV funding of $173,665 comes from a special allocation via the CARES Act. Receipt of these funds requires the City to submit a funding application. 4. Attachments: Amended 2019 Annual Action Plan CDBG-CV Funding Table HRA Resolution 2020-07 City Council Resolution 2020-177 84 The City of Plymouth ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT FY 2019 85 Annual Action Plan 2019 1 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction Plymouth is a Community Development Block Grant (CDBG) Entitlement Grantee and a member of the Hennepin County Consortium, which includes suburban Hennepin County as well as the cities of Bloomington, Eden Prairie, and Plymouth. This document contains those sections of the Consortium Action Plan with information specific to the City of Plymouth and its CDBG programs. The City of Plymouth will utilize CDBG funds to achieve the goals that best serve the housing and community development needs of the City and the Hennepin County Consortium. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. Plymouth will carry out activities that will provide for the preservation of the City's housing stock, improve housing affordability, provide essential social services, and support fair housing activities. The City will continue to provide 0% interest deferred loans for housing rehabilitation and first time homebuyers city-wide. The City will also provide capital funding to assist with the rehabilitation of special needs rental housing. Lastly, the City will provide CDBG funds to support social services and fair housing implementation. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. The City of Plymouth has a long history of actively working to preserve and upgrade the condition of its housing, maintain housing affordability, and provide needed social services. The CDBG-funded single- family rehabilitation loan program (including lead-based paint abatement) and first time homebuyer loan program have been a very successful and important part of these efforts. Each year the City evaluates its performance relative to its Consolidated Plan goals through the Consolidated Annual Performance Evaluation Report (CAPER). For the past several years, the City has been on track to meet all of its Consolidated Plan goals. 86 Annual Action Plan 2019 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Fair Housing continues to be a focus of the City of Plymouth. Past funding has provided for testing and other activities that are coordinated by the lead agency of the consortium, Hennepin County. The City, as part of the consortium, focuses this activity based upon the results of the Analysis of Impediments that is completed by the metro-wide efforts of the Fair Housing Implementation Council (FHIC) and has assisted in implementing the recommendations made in the approved Addendum to the Analysis of Impediments. The FHIC recently received RFP submissions from community agencies to assist in gathering information as to the needs of the community in relation to recommendations that were seen as important by community leaders. The addendum will continue to be a part of the work done by the City to ensure Fair Housing requirements are met throughout the year. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. As a part of the Hennepin County Consortium Action Plan, this Plan will be made available for public comment 30 days prior to going before the Hennepin County Board for a public hearing. In addition, prior to the County's hearing, the Plymouth Housing & Redevelopment Authority held a public hearing for approval of the Plymouth Action Plan and to receive public comments. The Consortium Action Plan provides the complete Citizen Participation Plan for all grantees to follow, including Plymouth. The City of Plymouth Public Hearing was held on February 28, 2019. At the Public Hearing, no public comments were received. Five of the seven social service providers were present to provide support for the services that are being funded. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. No public comments were received. The Notice of Public Hearing was submitted to the local newspaper as well as featured on the City of Plymouth website. 6. Summary of comments or views not accepted and the reasons for not accepting them No comments were not accepted. 7. Summary 87 Annual Action Plan 2019 3 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator PLYMOUTH Housing & Redevelopment Authority Table 1 – Responsible Agencies Narrative The City of Plymouth is a CDBG entitlement community. Plymouth is also a member of the HOME consortium of suburban Hennepin County. Therefore, the County serves as the lead agency in the overall development and submittal of the Consortium Consolidated Plan and Annual Action Plans for participating jurisdictions, including CDBG grantees. Consolidated Plan Public Contact Information James Barnes, HRA Manager 3400 Plymouth Blvd Plymouth, MN 763-509-5412 jbarnes@plymouthmn.gov 88 Annual Action Plan 2019 4 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction The development of the Hennepin County Consortium Consolidated Plan is led by Hennepin County. Because many of the agencies that work within the city also work county-wide, it was determined that only one contact needed to be made with these organizations. The responses in this section reflect the work completed by Hennepin County and outlined in the overall Consortium Consolidated Plan as well as work completed by the City of Plymouth. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). These activities are coordinated by Hennepin County at the local level. One of Hennepin County's services to enhance coordination include development of a unit to focus specifically on housing stability for all county clients. Their work is to develop strategies to enhance prevention, support, and development of housing to meet the needs of residents within the county. Additionally, the county works with the City of Plymouth to provide assistance through the Continuum of Care department which works with HOME funds and the Office to End Homelessness. Where appropriate, staff refers organizations and services agencies to each other to coordinate efforts. The City of Plymouth coordinates with programs such as PRISM's Rapid Rehousing which helps to make emergency payments to keep residents in their homes for a short period of time as well as working with TreeHouse to address youth in unstable living situations. The City has a close relationship with Hennepin County and refers any resident that may have additional home or mental health needs to a network of people within the County that are equipped to address issues that may arise for the City of Plymouth. The City of Plymouth also works with residents through the public safety department and the code enforcement department to assist in getting residents the help they may need. The City also works with Interfaith Outreach to refer residents to their Neighborhood Program which helps to build healthy and connected neighborhoods that can assist one another. The City of Plymouth HRA works to connect residents that may have housing issues with tenant advocacy groups such as HOMELine and HousingLink to help assist with finding housing that can accomodate the residents needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. 89 Annual Action Plan 2019 5 OMB Control No: 2506-0117 (exp. 06/30/2018) This coordination is completed by the Minneapolis/Hennepin County Continuum of Care and the Office to End Homelessness. If a resident of Plymouth is facing issues of homelessness, the City would first refer to the Coordinated Entry Program through Hennepin County to help assist with the resident's issues. Additionally, the City would contact our partnering agencies such as Interfaith Outreach's Neighborhood Program, PRISM's Rapid Rehousing Program, or possibly CAP-HC (formerly CAPSH) to assist with potential foreclosure counseling depending on the needs of the resident. Hennepin County Coordinated Entry works with agencies in the Northwest Metro such as CEAP, PRISM, and the YMCA depending on age of the resident as well as location that could also be used as a referral source. The City of Plymouth will work to contact the Continuum of Care staff at Hennepin County to assist with residents of Plymouth that are at risk of homelessness or have experienced homelessness. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS N/A- Plymouth is not a recipient of ESG funds. 2. Agencies, groups, organizations and others who participated in the process and consultations 90 Annual Action Plan 2019 6 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization HOME Line Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Home Line was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for legal advocacy services for low/moderate income tenant households in Plymouth and suburban Hennepin County. See narrative in AP-85 2 Agency/Group/Organization Community Action Partnership of Hennepin County Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? CAP-HC was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for housing counseling for low/moderate income households in Plymouth and suburban Hennepin County. See narrative in AP-85. 3 Agency/Group/Organization People Responding in Social Ministry Agency/Group/Organization Type Services - Housing Services-Children Services-homeless What section of the Plan was addressed by Consultation? Non-Homeless Special Needs 91 Annual Action Plan 2019 7 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? PRISM was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for emergency housing assistance and homelessness prevention services for low/moderate income households in Plymouth and suburban Hennepin County. See narrative in AP-85. 4 Agency/Group/Organization Hammer Residences Agency/Group/Organization Type Housing Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? HAMMER Residences was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for rehabilitated rental housing for low/moderate income households with development disabilities in Plymouth and suburban Hennepin County. See narrative in AP-85. 5 Agency/Group/Organization Senior Community Services (SCS) Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? SCS was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for household maintenance assistance for low/moderate income senior households in Plymouth and suburban Hennepin County. See narrative in AP-85. 92 Annual Action Plan 2019 8 OMB Control No: 2506-0117 (exp. 06/30/2018) 6 Agency/Group/Organization City of Plymouth Agency/Group/Organization Type Housing PHA Grantee Department What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Non-Homeless Special Needs Market Analysis Lead-based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Housing Choice Voucher (HCV) Department(which acts as the PHA for the City of Plymouth) was consulted throughout the needs assessment and goal setting process for the Consolidated Plan. Additionally, HCV staff are consulted periodically to identify local housing needs. Staff will refer residents to HousingLink to assist with finding housing and anticipate higher outcomes of finding housing that fits their needs. 7 Agency/Group/Organization Metropolitan Council - Metro HRA Agency/Group/Organization Type Regional organization Planning organization What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Market Analysis 93 Annual Action Plan 2019 9 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Plymouth and the Metropolitan Council regularly coordinate and communicate regarding economic/community development and affordable housing issues including coordination between the Housing Policy Plan and the Consolidated Plan. Goals in the Consolidated Plan generally overlap with Metropolitan Council affordable housing goals for cities. 8 Agency/Group/Organization Office to End Homelessness Agency/Group/Organization Type Housing PHA Services - Housing Services-homeless Health Agency Child Welfare Agency Publicly Funded Institution/System of Care Other government - Federal Other government - State Other government - County Other government - Local Regional organization Planning organization Business Leaders Civic Leaders Business and Civic Leaders Foundation Neighborhood Organization 94 Annual Action Plan 2019 10 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Market Analysis Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Office to End Homelessness played a key role in the development of all housing and homeless-related sections of the Hennepin County Consortium Consolidated Plan. Coordination will continue throughout the plan. It is anticipated that this coordination will result in lower levels of homelessness and increased access to services throughout the metro area to assist residents experiencing homelessness or other housing related issues. The City of Plymouth works with the Office to End Homelessness by referring any residents that may be experiencing homelessness or issues related to homelessness to social service providers and Hennepin County for support. 9 Agency/Group/Organization INTERFAITH OUTREACH COMMUNITY PARTNERS Agency/Group/Organization Type Services-homeless Services-Education What section of the Plan was addressed by Consultation? Homeless Needs - Families with children Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Interfaith Outreach was consulted through Hennepin County Consolidated Plan process and the city's annual non-profit funding review. The consultation confirmed an ongoing need for homelessness assistance for low/moderate income households in Plymouth and suburban Hennepin County. See AP-85 narrative. 95 Annual Action Plan 2019 11 OMB Control No: 2506-0117 (exp. 06/30/2018) Identify any Agency Types not consulted and provide rationale for not consulting Plymouth was actively involved in the Consortium consultation, development, and citizen participation process led by Hennepin County for the 2015-2019 Consolidated Plan. All agency types were consulted through the Consortium's Consolidated Plan development and goal-setting process. For this Action Plan, which is the fifth annual Action Plan in the 2015-2019 Consolidated Plan cycle, some agency types were consulted again in order to assess whether substantial trends or changes had occurred since the Consolidated Planning process. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Hennepin County The Plymouth CDBG Action Plan identified homelessness prevention activities as important goals. This includes direct homelessness prevention housing assistance as well as foreclosure prevention counseling and tenant advocacy to prevent eviction. Comprehensive Plan City of Plymouth The Plymouth CDBG Action Plan has significant overlap with the Plymouth Comprehensive Plan. In particular, both the CDBG Action Plan and the Housing section of the Comprehensive Plan identify several goals related to providing affordable and well-maintained housing that is accessible for all income levels, household types, and life cycle stages. Metropolitan Council Metropolitan Council The Plymouth CDBG Action Plan has overlap with the Housing Policy Plan. Both plans identify priorities related to maintaining existing affordable housing stock and providing a mix of affordable housing options for households of all life stages and economic means. Table 3 - Other local / regional / federal planning efforts Narrative 96 Annual Action Plan 2019 12 OMB Control No: 2506-0117 (exp. 06/30/2018) The Plymouth CDBG program attempts to address the widest range of needs possible despite limited resources. The Action Plan identifies a variety of goals to promote housing affordability, provide suitable and well-maintained housing, and accessibility to needed social services. These goals were developed in consultation with numerous public, non-profit, and private sector partners and agencies during the 2015-2019 Consolidated Plan process and throughout the annual Action Plan processes. 97 Annual Action Plan 2019 13 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City of Plymouth is part of the Hennepin County Consortium, and therefore the City’s Action Plan is part of the Hennepin County Consortium Action Plan. The City has a Citizen Participation Plan that mirrors Hennepin County’s and other Consortium members Citizen Participation Plans, which calls for the Hennepin County Consortium Action Plan to be available for public comment 30 days prior its submission to HUD. In addition to public hearings conducted by the County Board, the City of Plymouth held a public hearing to receive comments regarding the annual projects and activities to be funded. The Plymouth Housing and Redevelopment Authority held a public hearing on February 28, 2019 and asked the public to comment on the proposed activities. Notice of the public hearing was published in the official City newspaper as well as on the City website. The City of Plymouth holds the public hearing at times and locations convenient to potential and actual beneficiaries. For future action plans, the City of Plymouth may utilize social media to provide information about public hearings and the Action Plan process. Technical assistance is provided to any group, representing very low and low-income persons that want to develop funding proposals for any of the programs covered by the Action Plan. The City of Plymouth meets regularly with concerned agencies and groups to review and discuss affordable housing efforts and to identify ways in which the City of Plymouth can better serve the entire community with our resources including CDBG funding. Plymouth will consider any future comments received from the public during the 5-year Consolidated Plan period, either informally or through the formal citizen participation process associated with each Annual Action Plan. All comments received will be evaluated by staff, and amendments to the goals of the Plan will be considered if warranted. Any resulting changes to Plan goals would be made in accordance with the procedures outlined in the City's Citizen Participation Plan. Upon notification from HUD that Plymouth would receive a special allocation of CDBG-CV funds through the CARES Act, the City of Plymouth held another public hearing on June 4, 2020 at a special meeting of the Plymouth Housing and Redevelopment Authority. Notice of the public hearing was published in the official City newspaper on May 28, 2020 of this public hearing as Plymouth received a waiver for the notice period. The Plan was also published on the City website. 98 Annual Action Plan 2019 14 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 1 Public Meeting Non- targeted/broad community Five of the seven social service agencies were present at the HRA Board meeting. They all spoke in favor of the Action Plan. All comments were from the sub- grantees and were in favor of the Action Plan. No comments were not accepted. 2 Newspaper Ad Non- targeted/broad community No comments were received in response to the published legal notice No comments were received in response to the published legal notice No comments were not accepted 3 Internet Outreach Non- targeted/broad community No comments were received in response to postings to the City of Plymouth website. No comments were received in response to postings to the City of Plymouth website. No comments were not accepted. 99 Annual Action Plan 2019 15 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Mode of Outreach Target of Outreach Summary of response/attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 4 Public Meeting Non- targeted/broad community The public meeting was held virtually due to the COVID-19 pandemic. _____ written comments were received prior to the meeting. All written comments received were in favor of the Action Plan. No comments were not accepted. 5 Newspaper Ad Non- targeted/broad community The City published a notice in its official City paper regarding the amendment of the 2019 AAP and the public meeting to be held. No comments were received in response to this notice. No comments were received in response to the published legal notice No comments were not accepted 6 Internet Outreach Non- targeted/broad community The City published the draft amendment to the 2019 AAP on its website to notify members of the public of the public meeting to be held. No comments were received in response to this notice. No comments were received in response to postings to the City of Plymouth website. No comments were not accepted. 100 Annual Action Plan 2019 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 4 – Citizen Participation Outreach 101 Annual Action Plan 2019 17 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 270,798 50,000 0 320,798 0 For the 2019 CDBG program year, Plymouth anticipates a CDBG allocation of $270,798. Additionally, $50,000 of program income is anticipated. If the allocation amount is higher or lower than the anticipated figure, Plymouth will proportionally increase or decrease either First Time Homebuyer, Affordable Housing Development, or Housing Rehabilitation Loan programs accordingly to match actual allocation amounts. 102 Annual Action Plan 2019 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ LIHTC public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 0 0 0 0 0 The HRA has been working with several private developers to utilize this resource to create new affordable apartment units. The HRA will continue to pursue opportunities to use LIHTC when possible. Section 8 public - federal Admin and Planning Housing 0 0 0 0 0 Currently the Plymouth HRA has funding for 225 vouchers (including 30 vouchers for non-elderly disabled). There are another 111 voucher holders residing in Plymouth who ported in from other jurisdictions. 103 Annual Action Plan 2019 19 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Tax Exempt Bond Proceeds public - local Housing 0 0 0 0 0 Since 1995, the City has issued $58,795,000.00 in tax-exempt housing revenue bonds and $7,290,000.00 in taxable housing revenue bonds for the acquisition, re-financing and/ or renovation of 893 rental apartments. The City required that the owners make a certain percentage of their units affordable to and occupied by low- income households or make an annual payment for the life of the bonds to the HRA's Affordable Housing Account. As a result, 220 of these units are affordable to low-income renters. 104 Annual Action Plan 2019 20 OMB Control No: 2506-0117 (exp. 06/30/2018) Tax Increment Financing public - local Housing 0 0 0 0 0 The City's Tax Increment Housing Assistance Program (TIHAP) makes excess Tax Increments from existing and future Tax Increment Districts in the City available for eligible affordable housing developments. Of the funds received to date, the City has allocated $236,000.00 to the Stone Creek Village apartment complex. In 2006 the City created a TIF Housing District to assist Common Bond communities with their development of Vicksburg Commons. In 2010, the City approved a loan of $600,000.00 to the Westview Estates project. This project provides 67 workforce housing units assisting households at or below 60% of the area median income. In 2011, the City created a TIF District to support a 157-unit mixed income apartment development. The Axis opened in 2016 and includes 16 workforce housing units for up to 60% AMI. The City will consider the creation of additional TIF districts as appropriate to assist affordable housing projects as necessary to supplement outside funding. Other private Housing Public Services 0 0 0 0 0 Interfaith Outreach and Community Partners: This non-profit organization has been very supportive of all efforts in 105 Annual Action Plan 2019 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Plymouth of furthering affordable housing initiatives. Interfaith Outreach also has a significant housing fund to assist in funding affordable housing efforts. Other public - federal Admin and Planning Housing Public Services 173,665 0 0 173,665 0 CDBG-CV Allocation: Plymouth expects an allocation of $173,665 in CDBG-CV funds to prevent, prepare for, and respond to the coronavirus (COVID-19). Other public - state Housing 0 0 0 0 0 Minnesota Housing Finance Agency (MHFA): This agency provides first time homebuyer programs, housing rehabilitation programs, and development and redevelopment financing through their Consolidated RFP process. The HRA also developed a partnership in 2003 with the Center for Energy and Environment (CEE) pertaining to the MHFA Fix-Up Fund and MHFA Deferred Loan Program. While CEE remains the approved lender for the Fix- Up Fund, the HRA works in collaboration with them in marketing the program. 106 Annual Action Plan 2019 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Other public - local Economic Development 0 0 0 0 0 Plymouth Economic Development Fund: The Fund was capitalized from the first $100,000.00 in principal plus interest to be paid by Value Rx in repayment of a loan from the Minnesota Department of Employment and Economic Development (DEED) Economic Recovery Program (ERP). The Plymouth Economic Development Fund (PEDF) allows the HRA to provide loans at favorable terms for business activities in the City that could create new jobs, increase the tax base, or leverage other needed economic development funds. The City has issued one loan for $180,000.00 to a company that relocated its headquarters to Plymouth. 107 Annual Action Plan 2019 23 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Other public - local Housing 0 0 0 0 0 HRA Tax Levy: The HRA has used this levy for several years to provide subsidized rental housing for 195 senior citizen households utilizing approximately $278,000.00 annually to eligible renters at Plymouth Towne Square and Vicksburg Crossing. An additional $303,000.00 is utilized for the funding, administration and supervision of the HRA and City affordable housing programs. Additionally, in January 2016, the HRA approved a supplemental allocation of $150,000 for the Housing Rehabilitation Loan Program to allow continued operation of the program to when CDBG funds are not available. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The HRA intends to pursue all possible resources to address its Action Plan goals. There are no specific matching requirements associated with Plymouth's CDBG program, although any opportunities to provide/obtain matching funding will be pursued. For example, clients of the Housing Rehabilitation Loan program are occasionally able to match their Plymouth CDBG loan with grants or loans from other programs, such as for lead abatement. 108 Annual Action Plan 2019 24 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City of Plymouth owns two senior rental housing developments. Plymouth Town Square, developed in 1994, has provided 99 affordable housing units / subsidized senior housing units through an annual amount of Plymouth HRA tax levy ranging from $215,000.00 to $320,000.00. By providing a deep subsidy, the HRA is working to help the residents at PTS obtain decent, affordable housing and to avoid homelessness. The 2017 occupancy averaged 97%. Vicksburg Crossing, built in 2006 with 96 units, offers affordable rents to low and moderate income residents. The HRA Board sets rents on an annual basis. A subsidy of $18,000-$60,000 from the HRA tax levy helps keep rent levels affordable. The occupancy for 2017 averaged 98.5%. Discussion The City of Plymouth utilizes a variety of federal, state, and local funding sources to meet the goals identified in this plan. This includes sources used on a recurring annual basis such as CDBG, Section 8, state housing agency programs, and the local HRA tax levy. Additional sources such as LIHTC, TIF, and housing revenue bonds have been used on a case by case basis in the past and will continue to be pursued when and where appropriate. 109 Annual Action Plan 2019 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Homeowner rehabilitation assistance 2015 2019 Affordable Housing Preserve/Create Single Family Homeownership CDBG: $142,892 CDBG-CV CARES Act: $15,000 Homeowner Housing Rehabilitated: 11 Household Housing Unit 2 Direct homebuyer assistance 2015 2019 Affordable Housing Preserve/Create Single Family Homeownership CDBG: $47,363 Direct Financial Assistance to Homebuyers: 4 Households Assisted 3 Rental housing rehabilitation 2015 2019 Affordable Housing Non-Homeless Special Needs Preserve/Create Multifamily Rental Opportunities CDBG: $40,000 CDBG-CV CARES Act: $25,000 Rental units rehabilitated: 3 Household Housing Unit 4 Homeowner education 2015 2019 Non-Housing Community Development Education, outreach, and services CDBG: $4,000 CDBG-CV CARES Act: $1,800 Public service activities other than Low/Moderate Income Housing Benefit: 59 Persons Assisted 110 Annual Action Plan 2019 26 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 5 Senior services 2015 2019 Non-Housing Community Development Education, outreach, and services CDBG: $10,000 CDBG-CV CARES Act: $20,039 Public service activities other than Low/Moderate Income Housing Benefit: 60 Persons Assisted 6 Youth services 2015 2019 Non-Housing Community Development Education, outreach, and services CDBG: $10,000 CDBG-CV CARES Act: $11,826 Public service activities other than Low/Moderate Income Housing Benefit: 65 Persons Assisted 7 Homelessness prevention 2015 2019 Non-Housing Community Development Education, outreach, and services CDBG: $23,900 CDBG-CV CARES Act: $90,000 Public service activities other than Low/Moderate Income Housing Benefit: 12 Persons Assisted Public service activities for Low/Moderate Income Housing Benefit: 3 Households Assisted 8 Tenant counseling 2015 2019 Non-Housing Community Development Education, outreach, and services CDBG: $8,230 CDBG-CV CARES Act: $5,000 Public service activities other than Low/Moderate Income Housing Benefit: 200 Persons Assisted 9 Fair Housing 2015 2019 Fair Housing Education, outreach, and services CDBG: $5,000 Other: 0 Other Table 6 – Goals Summary 111 Annual Action Plan 2019 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Descriptions 1 Goal Name Homeowner rehabilitation assistance Goal Description Provide zero interest loans and grants to assist low/moderate income households to make needed home repairs and address lead based paint issues as needed. 2 Goal Name Direct homebuyer assistance Goal Description Provide zero interest deferred loans to low/moderate income first time homebuyer households to help make the purchase of a home more affordable. 3 Goal Name Rental housing rehabilitation Goal Description Rehabilitate rental housing units and group homes operated by non-profit agencies for low/moderate income adults with developmental disabilities. 4 Goal Name Homeowner education Goal Description Provide homeownership, foreclosure prevention, and reverse mortgage counseling services for low/moderate income households. 5 Goal Name Senior services Goal Description Provide household maintenance assistance to low/moderate income senior households. 6 Goal Name Youth services Goal Description Provide assistance for youth counseling and group sessions for low/moderate income at-risk youth. 112 Annual Action Plan 2019 28 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 Goal Name Homelessness prevention Goal Description Provide emergency, short-term housing assistance to low/moderate income households experiencing temporary financial crises. 8 Goal Name Tenant counseling Goal Description Provide counseling and legal advocacy to low/moderate income renter households. 9 Goal Name Fair Housing Goal Description Assist in regional efforts to further fair housing, including evaluation and implementation activities. 113 Annual Action Plan 2019 29 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-35 Projects - 91.420, 91.220(d) Introduction The Plymouth HRA will implement the following activities during the program year in order to address the strategies and priorities of the 2015-2019 Consolidated Plan. # Project Name 1 Housing Rehabilitation 2 First Time Homebuyer Assistance 3 Affordable Rental Housing Rehabilitation 4 Homeownership Counseling 5 Tenant Counseling 6 Youth Services 7 Senior Services 8 Homelessness Prevention 9 Homelessness Prevention 10 Fair Housing 11 Program Administration 12 COVID-19 Housing Rehabilitation 13 COVID-19 Affordable Rental Housing Development 14 COVID-19 Homeownership Counseling 15 COVID-19 Tenant Counseling 16 COVID-19 Homelessness Prevention 17 COVID-19 Youth Services 18 COVID-19 Senior Services 19 COVID-19 Homelessness Prevention 20 COVID-19 Program Administration Table 7 – Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorities above were established based on the priorities and needs identified in the 2015- 2019 Conslidated Plan. An effort was made to address a broad range of needs that have been identified in the City while accounting for the reality of limited funding. Obstacles to addressing underserved needs include an overall limited availability in funding as well as regulatory limitations regarding how funds can be used. For example, regulations limit the amount of CDBG funds which may be used for public services to no more than 15% of the grant amount plus program income. Recommendations for funding are based on previous years expenditures and addressing the priorities and needs of the citizens 114 Annual Action Plan 2019 30 OMB Control No: 2506-0117 (exp. 06/30/2018) of the City of Plymouth. The CDBG-CV allocation made by the CARES Act waived the 15% cap on public service agencies, and all COVID-19 projects will be funded from this CDBG-CV allocation. 115 Annual Action Plan 2019 31 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 116 Annual Action Plan 2019 32 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Housing Rehabilitation Target Area Goals Supported Homeowner rehabilitation assistance Needs Addressed Preserve/Create Single Family Homeownership Funding : Description The Plymouth HRA offers two programs to assist low/moderate- income homeowners rehabilitating their homes. The Housing Rehab Loan Program offers deferred zero interest loans to homeowners for needed home repairs up to $40,000. The Emergency Repair Grant Program provides grants of up to $5,000 for emergency/urgent home repairs for seniors. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities During the 2019 program year, the City of Plymouth expects to assist 9 households with housing rehabilitation. Six will receive housing rehabilitation loans and three households will receive emergency repair grants. Location Description The program is available to residents city-wide that are of low/moderate-income households. Planned Activities The HRA will continue to operate two housing rehabilitation programs; the Housing Rehab Loan Program and the Emergency Repair Grant Program. The Housing Rehab Loan Program offers 0% interest deferred loans of up to $40,000 for low and moderate-income homeowners to rehabilitate their owner-occupied homes. An additional $10,000 (max $50,000) is available for households in need of accessibility improvements for disabled residents and/or lead paint hazard reduction. Applications accepted year-round on a first-come first-serve basis. The loans must be repaid only if the property is sold or transferred within 20 years. Loan funds may be used for qualifying safety and energy efficiency upgrades, which may include repairing or replacing roofing, siding, windows, electrical, plumbing, heating, and insulation. Other repairs may also be eligible as determined by an inspection of the home. 2 Project Name First Time Homebuyer Assistance Target Area Goals Supported Direct homebuyer assistance Needs Addressed Preserve/Create Single Family Homeownership 117 Annual Action Plan 2019 33 OMB Control No: 2506-0117 (exp. 06/30/2018) Funding : Description This program provides direct homeownership assistance to low and moderate-income first time homebuyers who wish to buy a single- family home, condo, cluster home, or townhouse in the City of Plymouth. The programs provides financial assistance to eligible families through 0% interest deferred loans of up to $35,000.00 to pay for eligible closing costs, up to 50% of the required down payment and a portion of the mortgage principal reduction. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities The HRA expects to assist four households with direct homeownership during the program year. Location Description The program is available city-wide to low/moderate-income households purchasing their first home. The home being purchased may be located anywhere within the City of Plymouth. The households purchasing the home is not required to have resided in the City of Plymouth prior to purchasing the home. Planned Activities The program provides assistance to low and moderate income first time homebuyers who wish to buy a single-family home, condo, cluster home, or townhouse in Plymouth. The program provides financial assistance to eligible families through 0% interest deferred loans of up to $35,000.00 to pay for eligible closing costs, up to 50% of the required down payment and a portion of the mortgage principle reduction. Applications are accepted throughout the year on a first- come, first-serve basis. Loans must be repaid if the property is sold, transferred, non-homesteaded, or 30 years from the initial purchase date, when the mortgage becomes due and payable. Due to a tight housing market within the City of Plymouth, there is expected carryover that will be used to help fund the program through the 2019 program year, as well as a small amount of funding from the 2019 allocation. 3 Project Name Affordable Rental Housing Rehabilitation Target Area Goals Supported Rental housing rehabilitation Needs Addressed Preserve/Create Multifamily Rental Opportunities Funding : 118 Annual Action Plan 2019 34 OMB Control No: 2506-0117 (exp. 06/30/2018) Description Assist with the rehabilitation of three affordable rental homes operated by Hammer Residences. Hammer Residences provides housing and support to individuals who have developmental disabilities. The projects will support housing for these individuals through necessary updates. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Four low/moderate-income individuals currently reside in the home that will be rehabilitated and modified for aging in place during the program year. Location Description Three Hammer residences within the City of Plymouth will be rehabilitated. Those homes are: "14th Ave.", "McGlinch", and "Tyler". Planned Activities Assist with the rehabilitation and accessibility modifications of three rental homes operated by Hammer Residences. Hammer Residences provides housing and support to individuals who have developmental disabilities. The HRA will provide funds to install rubber treads on stairs and security updates. A bathroom in one of the homes will be expanded to provide greater accessibility, and other modifications will be made to all of the homes as needed including new flooring and concrete ramp repais for greater walker/wheelchair accessibility, driveway replacement to support the wear and tear from an accessible lift van, and necessary updates to plumbing. 4 Project Name Homeownership Counseling Target Area Goals Supported Homeowner education Needs Addressed Education, outreach, and services Funding : Description Community Action Partnership of Hennepin County (CAP-HC) will provide homebuyer education, foreclosure prevention, reverse mortgage, and other homeowner counseling services to homeowner and/or potential homebuyer households in Plymouth. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities CAP-HC expects to assist 59 Plymouth households with housing counseling services during the program year. 119 Annual Action Plan 2019 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description CAP-HC housing counseling services are available to Plymouth residents city-wide. Planned Activities CAP-HC will provide homebuyer education, foreclosure prevention, reverse mortgage, and other homeowner counseling services to 59 households in Plymouth. Services are available year round. Clients are issued a worksheet/budget form that demonstrates their assets and liabilities. Proof of income letters, pay stubs, W-2s, and account statements are all used to gather relevant client information. 5 Project Name Tenant Counseling Target Area Goals Supported Tenant counseling Needs Addressed Education, outreach, and services Funding : Description HomeLine offers a tenant advocacy hotline, tenant organizing for preservation of affordable housing, and tenant education services available to all Plymouth residents. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities 200 Plymouth renter households will be assisted through the tenant hotline. Location Description Planned Activities The program is available city-wide to renter households in Plymouth. 6 Project Name Youth Services Target Area Goals Supported Youth services Needs Addressed Education, outreach, and services Funding : Description Family Hope Services TreeHouse Program helps at-risk teenagers by providing year-round counseling, support and other programs for youth at no charge to the participants. 65 low to moderate-income Plymouth youth will be served. Clients are required to create a welcome to TreeHouse form that contains information on gender, age, race & ethnicity, address and financial information. 120 Annual Action Plan 2019 36 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities TreeHouse expects to serve 65 youth from the City of Plymouth with CDBG funding during the 2019 program year. Location Description The TreeHouse program is available to Plymouth youth city-wide. Free transportation to and from the Plymouth TreeHouse location is provided to participants that need it. Planned Activities TreeHouse helps at-risk teenagers by providing year-round counseling, support, and other programs for youth at no charge to the participants. Clients are required to complete a welcome to TreeHouse form that contains information on gender, age, race & ethnicity, address, and financial information. 7 Project Name Senior Services Target Area Goals Supported Senior services Needs Addressed Education, outreach, and services Funding : Description Senior Community Services will provide low to moderate income seniors in the City of Plymouth with maintenance services through the H.O.M.E (Housing Outside Maintenance for the Elderly) Program. This will allow the seniors to stay in their homes with dignity and safety by providing homemaking, grab bars & other safety installations, minor repairs, exterior home maintenance, interior and exterior painting, yard work, lawn mowing, and snow removal on a sliding fee scale based on income. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities 60 low income seniors will benefit from this funding. Location Description All seniors who are residents of the City of Plymouth are able to access funding. 121 Annual Action Plan 2019 37 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Senior Community Services will provide low/moderate income seniors in the City of Plymouth with maintenance services through the H.O.M.E (Housing Outside Maintenance for the Elderly) Program. This will allow the seniors to stay in their homes with dignity and safety by providing homemaking, grab bars & other safety installations, minor repairs, exterior home maintenance, interior and exterior painting, yard work, lawn mowing, and snow removal on a sliding fee scale based on income. Clients are required to complete a H.O.M.E Service Request form that contains gender, race & ethnicity, address and monthly income information. Proof of income letters, pay stubs, W-2s and social security and account statements are all used to gather relevant client information. 8 Project Name Homelessness Prevention Target Area Goals Supported Homelessness prevention Needs Addressed Education, outreach, and services Funding : Description People Responding in Social Ministry (PRISM) will provide short-term (up to three months) housing subsistence payments on behalf of low/moderate-income persons living in the City of Plymouth in order to help prevent homelessness. Assistance may include utility payments to prevent cutoff of service and rent/mortgage payments to prevent eviction or foreclosure. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities PRISM expects to help 12 Plymouth households with homelessness prevention during the program year. Location Description The program is available to low/moderate-income residents city-wide. Planned Activities People Responding In Social Ministry (PRISM) will provide short-term (up to three months) housing subsistence payments on behalf of low/moderate income persons living in the City of Plymouth in order to help prevent homelessness. Assistance may include utility payment sto prevent cutoff of service and rent/mortgage payments to prevent eviction or foreclosure. Clients are required to provide proof of income through paystubs, bank statements, tax returns or other forms. The program will be available to low/moderate income residents city-wide. 122 Annual Action Plan 2019 38 OMB Control No: 2506-0117 (exp. 06/30/2018) 9 Project Name Homelessness Prevention Target Area Goals Supported Homelessness prevention Needs Addressed Education, outreach, and services Funding : Description Interfaith Outreach and Community Partners will provide direct assistance to clients within their Project Success program. The participants are expected to be working towards an educational degree or other goal within two years while paying 30% of their rent. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Interfaith Outreach expects to help three families within their Project Success program. Location Description The program is available to city-wide low/moderate-income households. Planned Activities Interfaith Outreach and Community Partners will provide direct assistance to clients within their Project Success program. The participants are expected to be working towards an educational degree or other goal within two years while paying 30% of their rent. 10 Project Name Fair Housing Target Area Goals Supported Fair Housing Needs Addressed Education, outreach, and services Funding : Description Plymouth supports the Fair Housing activities of the Hennepin County Consortium and the Twin Cities Fair Housing Implementation Council (FHIC). Activities include outreach, education and enforcement activities. The project includes evaluation and monitoring of implemented activities. Target Date 6/30/2020 123 Annual Action Plan 2019 39 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities N/A Location Description N/A - Supports Fair Housing activities covering Hennepin County and the Twin Cities metro area, including within the City of Plymouth. Planned Activities Plymouth supports the Fair Housing activities of the Hennepin County Consortium and the Twin Cities Fair Housing Implementation Council (FHIC). Activities include outreach, education, and enforcement activities. The project includes evaluation and monitoring of implemented activities. 11 Project Name Program Administration Target Area Goals Supported Needs Addressed Funding : Description Provides for: 1) Oversight, management, monitoring and coordination of the CDBG program. 2) Public information on CDBG Program activities available to all City residents. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities N/A - Funding provides for the overall program administration for CDBG activities. Location Description N/A - Funding provides for the overall program administration for CDBG activities. Planned Activities Program management, monitoring, and evaluation of overall CDBG program, including the costs of staff engaged in program management. 12 Project Name COVID-19 Housing Rehabilitation Target Area Goals Supported Homeowner rehabilitation assistance Needs Addressed Preserve/Create Single Family Homeownership Funding CDBG-CV CARES Act: $15,000 124 Annual Action Plan 2019 40 OMB Control No: 2506-0117 (exp. 06/30/2018) Description The Plymouth HRA offers an Emergency Repair Program, through which grants of up to $7,500 may be used for emergency/urgent home repairs for Plymouth homeowners. CDBG-CV funds will supplement the normal allocation to the Emergency Repair Program, and specifically will assist families in Plymouth that have been impacted by COVID-19. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities $15,000 in CDBG-CV funds will be used to provide 2 Emergency Repair grants to Plymouth homeowners for emergency/urgent home repairs. Location Description Thie program is available to low- and moderate-income households city-wide. Planned Activities The HRA will continue to operate the Emergency Repair Grant Program, and will use CDBG-CV funds to offer grants to 2 Plymouth households experiencing a changing financial situation due to the COVID-19 pandemic. 13 Project Name COVID-19 Affordable Rental Housing Development Target Area Goals Supported Rental housing rehabilitation Needs Addressed Preserve/Create Multifamily Rental Opportunities Funding CDBG-CV CARES Act: $25,000 Description Hammer Residences, Inc. provides housing and support to individuals who have developmental disabilities. CDBG-CV funds will assist with repairs in homes in Plymouth or go towards the purchase of equipment for use by Hammer Residences' staff. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities Four low/moderate-income individuals reside in both homes slated to be rehabilitated for response to COVID-19. Location Description All funds will go towards rehabilitation of homes in Plymouth, or towards the purchase of equipment for use by staff who work at the Plymouth homes. 125 Annual Action Plan 2019 41 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Hammer Residences will purchase personal protective equipment (PPE) and technology equipment including laptops, tablets, and desktop computers so that Hammer staff may continue to offer personal care to residents while on- or off-site. Two kitchen countertops will also be replaced with anti-microbial countertops. 14 Project Name COVID-19 Homeownership Counseling Target Area Goals Supported Homeowner education Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $1,800 Description Lutheran Social Services of Minnesota will provide virtual homebuyer education, foreclosure prevention, reverse mortgage, and other homeowner counseling services to homeowner and/or potential homebuyer households in Plymouth who have been impacted by COVID-19. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities Lutheran Social Services (LSS) will provide homebuyer education, reverse mortgage, debt counseling, and other homeowner counseling services to homeowner and/or potential homebuyer households in Plymouth. The CDBG-CV allocation will allow them to expand their offerings to virtual settings, as well as account for increased staff time spent on debt counseling issues that have arisen as a direct result of the COVID-19 pandemic. Location Description All households served will be residents of the City of Plymouth. Planned Activities CDBG-CV funding will allow LSS to assist 64 Plymouth households with housing counseling services. The funding will help LSS bring many of their existing program offerings online. 15 Project Name COVID-19 Tenant Counseling Target Area Goals Supported Tenant counseling Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $5,000 Description HOMELine offers a tenant advocacy hotline, tenant organizing for preservation of affordable housing, and tenant education services available to all Plymouth residents. 126 Annual Action Plan 2019 42 OMB Control No: 2506-0117 (exp. 06/30/2018) Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities HOME Line anticipates serving 215 Plymouth renter households (approximately 537 individuals) through their tenant hotline. Location Description The program is available city-wide to renter households in Plymouth. Planned Activities CDBG-CV funding will help HOME Line bring on their part-time staff as full-time employees, and account for an increase in call volume and average call time due to COVID-19. 16 Project Name COVID-19 Homelessness Prevention Target Area Goals Supported Homelessness prevention Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $45,000 Description Interfaith Outreach and Community Partners provides emergency rental assistance and utility assistance to families at risk of experiencing homelessness as a result of COVID-19. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities Interfaith Outreach estimates that this CDBG-CV allocation will be used for homelessness prevention assistance for up to 25 Plymouth households. Location Description All households served will be residents of the City of Plymouth. Planned Activities Interfaith Outreach will offer homelessness prevention assistance for up to 25 Plymouth households who have been impacted by COVID-19. Specifically, they will offer rental assistance and emergency utility assistance to these households. 17 Project Name COVID-19 Youth Services Target Area Goals Supported Youth services Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $11,826 127 Annual Action Plan 2019 43 OMB Control No: 2506-0117 (exp. 06/30/2018) Description Family Hope Services' TreeHouse Program helps at-risk teenagers by providing year-round counseling, support, and other programs for youth at no charge to the participants. As a result of COVID-19, TreeHouse will be offering their mentorship programming online. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities TreeHouse expects to offer 1:1 mentoring services to 22 youth from the City of Plymouth with CDBG-CV funding. Location Description All youth served will be residents of the City of Plymouth. Planned Activities TreeHouse will provide 1:1 mentoring sessions for 22 Plymouth teenagers. TreeHouse will also purchase technology equipment necessary to offer their normal mentorship programs virtually, including laptops, IT support, staff cell phone costs, and Salesforce/Zoom licenses for staff. 18 Project Name COVID-19 Senior Services Target Area Goals Supported Senior services Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $20,039 Description Senior Community Services will provide a virtual program to low and moderate income seniors in the City of Plymouth. The program will help seniors bridge the digital divide and minimize feelings of social isolation by ensuring technology options are available and accessible. CDBG-CV funds will also pay for staff time to conduct wellness visits for these Plymouth seniors. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities 65 low- and moderate-income seniors will benefit from this CDBG-CV funding. Location Description All seniors served will be residents of the City of Plymouth. 128 Annual Action Plan 2019 44 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Plymouth typically allocates CDBG funds to SCS’s Household and Maintenance for Elderly (H.O.M.E.) program, which offers services including: lawn mowing, snow removal, exterior & interior painting, seasonal outdoor work, minor repairs, etc. SCS’s application is to provide outside maintenance for the elderly through their Household and Maintenance for Elderly (H.O.M.E.) program. Due to the COVID- 19 pandemic, SCS has reevaluated its H.O.M.E. program and will be piloting a technology service for seniors. The recommended CDBG-CV allocation will help pay for staff time associated with helping Plymouth seniors bridge the digital divide and minimize feelings of social isolation by ensuring technology options are available and accessible. SCS staff will also conduct wellness calls to Plymouth seniors. A portion of the funds will also go towards purchasing PPE for SCS staff. 19 Project Name COVID-19 Homelessness Prevention Target Area Goals Supported Homelessness prevention Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $45,000 Description People Responding in Social Ministry (PRISM) provides a food shelf, and demand for that food shelf has increased due to more families and individuals being impacted by COVID-19. CDBG-CV funds will help enable PRISM to hire their part-time staff on as full-time employees in order to better temporarily serve increase demand for their services. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities PRISM expects to assist 400 Plymouth families through their food shelf. Location Description PRISM's programs are available to low- and moderate-income residents city-wide. Planned Activities PRISM has seen a significant increase in requests for food supplies from the households they serve. In response, the organization has brought on their part-time staff as full-time employees in order to keep up with the increased demand at their food shelf and additional calls requesting other assistance. CDBG-CV funds will go towards increased staffing costs at PRISM. Project Name COVID-19 Program Administration 129 Annual Action Plan 2019 45 OMB Control No: 2506-0117 (exp. 06/30/2018) 20 Target Area Goals Supported Fair Housing Needs Addressed Education, outreach, and services Funding CDBG-CV CARES Act: $5,000 Description Provides for: 1) Oversight, management, monitoring and coordination of the CDBG program. 2) Public information on CDBG Program activities available to all City residents. Target Date 9/30/2022 Estimate the number and type of families that will benefit from the proposed activities N/A - funding provides for overall program administration of CDBG activities. Location Description All programs administered occur within the City of Plymouth. Planned Activities Program management, monitoring, and evaluation of overall CDBG program. Specifically, this will offset additional time spent by staff monitoring CDBG-CV grants. 130 Annual Action Plan 2019 46 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The HRA CDBG programs will be available to low/moderate income households city-wide and will not be geographically targeted. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically Investments are not targeted geographically but are instead available to low/moderate income households city-wide. Investments are not targeted geographically because the City of Plymouth has no areas of concentrations of low/income or minority households nor any areas of concentrations of housing problems. This policy allows the City to serve as many low/moderate income households as possible throughout all areas. Discussion All qualifying low/moderate income residents residing within the City of Plymouth are able to receive assistance through the Plymouth CDBG programs. 131 Annual Action Plan 2019 47 OMB Control No: 2506-0117 (exp. 06/30/2018) 132 Annual Action Plan 2019 48 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction The City of Plymouth works whenever possible to assist with making housing affordable through programs offered by the City including the Rehabilitation and Emergency Programs for repairs, the First Time Homebuyer Program for new homeowners as well as through social service funding to assist with housing costs and maintenance. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City is addressing affordable housing barriers in a variety of ways including the support of new affordable housing developments, entry cost assistance to first time homebuyers, tenant and homeowner education and support services, and rehabilitation assistance. The City is closely involved with researching and addressing impediments to fair housing. The City uses some of its CDBG funding to support HOME Line, a tenant advocacy and hotline organization. Finally, the City works with and supports developers to include affordable housing in their developments. Discussion The City will continue to support currently operating programs as well as participating in regional opportunities to address affordable housing issues. The City will continue to assist with making housing affordable citywide. 133 Annual Action Plan 2019 49 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions - 91.420, 91.220(k) Introduction Despite limited funding, the Plymouth CDBG program is designed to meet a wide range of needs, including assisting social services, affordable housing, and reducing lead-based paint hazards. The City works with a variety of public, non-profit, and private industry partners to accomplish its community development goals, both through the CDBG program and through other resources. Through a constant continuation of contact with our subgrantees, we were able to identify that there is still a need for tenant services and tenant advocacy, a rising need for funding to senior aging in place services due to rising demand and client volume, a steady continuum of youth services was identified through TreeHouse services, and PRISM has a continued need for rapid rehousing services as well as community services such as the food shelf. The City of Plymouth will be working with Interfaith Outreach to assist with a program related to education and employment through housing assistance, and will assist CAP- HC with additional existing programs to supplement assisting homeowners and potential homebuyers with counseling and outreach. Actions planned to address obstacles to meeting underserved needs The City will continue to identify obstacles, such as lack of affordable housing, to unmet and underserved community needs and support the goals established in the 2015-2019 Consolidated Plan. The City’s approach to meeting these affordable housing needs is to assist renters in purchasing homes by providing down payment and closing cost assistance combined with counseling and education to low to moderate income families. In order to preserve the affordable housing stock “Restrictive Covenants” have been placed on a number of new units built. These Restrictive Covenants run with the land for a period of 20 years and contain restrictions on the transfer of the property only to someone who is a low to moderate income resident. To preserve and expand the supply of decent, safe, and affordable housing, the City will provide financial assistance for rehabilitation and repair of owner- occupied units to low to moderate income families. Actions planned to foster and maintain affordable housing The portion of 2019 CDBG funds allocated to the Housing Rehabilitation Program allows low-income homeowners to stay in current housing while allowing the City to maintain a stable affordable housing base. The City and HRA make every effort to create affordable rental and owner-occupied housing opportunities as well as provide provisions that new developments remain affordable for years to come. Although not funded with CDBG, the City has required an annual inspection of residential rental properties since 1994 to determine Code compliance and health or safety violations that need correction. This program ensures that rental properties are well maintained and that no substandard rental units are licensed in the City. The City Building Inspection Department currently inspects multi- 134 Annual Action Plan 2019 50 OMB Control No: 2506-0117 (exp. 06/30/2018) family rental properties annually and single-family rental properties every three years. Actions planned to reduce lead-based paint hazards As part of the City’s Rental Housing Licensing Program, all rental properties in the City are inspected at least every three years. The inspector has satisfied HUD’s Risk Assessment Course and is a Certified Risk Assessor. All participants in the Housing Rehabilitation, First Time Homebuyer and Section 8 Programs, who reside or purchase housing that was built before 1978, receive copies of the EPA brochure “Protect Your Family From Lead In Your Home”. The Plymouth HRA has incorporated procedures in the guidelines for all federally funded programs to meet the requirements of the federal lead-based paint regulations. Discussion of the Lead-Based Paint (LBP) requirements take place at the initial meeting with HRA staff and the Certification of Receipt of LBP information is signed by the applicant and kept in the applicant’s file. If deteriorated paint is found in a home built before 1978 and lead hazard reduction work may be needed because painted surfaces will be disturbed during rehabilitation, the appropriate level of lead testing and other actions are initiated. The HRA contracts with a certified Risk Assessor to perform the necessary tests to determine if and where there is a lead hazard risk. The Assessment report identifies the presence and location of LBP and the areas that need to be addressed. If LBP is found, the homeowner is notified. As a condition of receiving funding, LBP hazards must be addressed and lead safe work practices are required for all rehabilitation work that disturbs painted surfaces. Appropriate lead hazard reduction measures are also incorporated into the Scope of Improvements. Clearance of the unit is required and a copy of the clearance report is given to the homeowner and kept in the homeowner’s file. The above lead-based paint control actions enable the City of Plymouth to abate lead issues and be in full compliance with the Federal Lead-Based Paint rules. Actions planned to reduce the number of poverty-level families Through its various programs, the City of Plymouth will identify and assist people and families that are below the poverty level when possible. We will utilize our network of social service agencies and where applicable assist them through CDBG resources and programs as well as local programs offered through the City of Plymouth, the Plymouth HRA and local non-profits. Programs that the City of Plymouth works with include tenant advocacy through HOMELine, a Rapid Rehousing Program through PRISM that helps assist with making mortgage or rent payments for a short period of time, a housing and educational program through Interfaith Outreach that helps with paying rent while a resident goes through a schooling or workforce development program to become more self-sufficient and earn higher wages, and housing and financial counseling through CAP-HC that assists with helping families make good financial decisions that will reduce poverty. CAP-HC also participates in a savings program that rewards clients that save with a $3-$1 match to help boost savings for things like a home downpayment or schooling expenses. Senior Community Services helps lower income seniors with needed home 135 Annual Action Plan 2019 51 OMB Control No: 2506-0117 (exp. 06/30/2018) maintenance through their HOME program by assisting with small handyman projects as well as yard maintenance to assist with aging in place especially for homeowners that own their home. TREEHouse gives resident youth a safe place and assists with programs to further education and assist homeless youth. PRISM and Interfaith Outreach can also assist with basic needs through their food shelf and clothing programs that provide items to families that may be experiencing poverty and need these items for basic living. Actions planned to develop institutional structure The City of Plymouth has and will continue to coordinate with other institutions in the delivery of housing and community development programs. When possible, the City seeks to leverage its CDBG funds by coordinating with other state and local programs. For example, Plymouth has coordinated with Hennepin County to obtain Healthy Homes grant funding for lead-based paint hazard reduction for clients using our CDBG Housing Rehabilitation Loan Program. This allows households to remove lead- based paint hazards from the home while utilizing the CDBG funding to make other needed repairs, resulting in a greater impact to the living environment for the household. Actions planned to enhance coordination between public and private housing and social service agencies The City of Plymouth has developed and continues to maintain strong collaborative relationships with other housing providers and social service agencies. The City has worked over the years to develop handicap accessible housing units with People Responding In Social Ministry (PRISM), Metropolitan Interfaith Council on Affordable Housing (MICAH), Interfaith Outreach, and Habitat for Humanity. The HRA requires recipients of their First Time Homebuyer Programs to attend homebuyer workshops presented by CAP-HC or other accredited Home Stretch workshops. CAP-HC seeks to assist lower- income households by providing them with comprehensive homeownership training and financial counseling. At the end of the training period, the family is able to purchase the home. Discussion The City of Plymouth uses all available resources through the City, County, and state to assist homeowners and renters within the City. Any time that the City of Plymouth is alerted to a resident with housing needs, the response is to coordinate with other departments and agencies to assist that resident. 136 Annual Action Plan 2019 52 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Discussion 137 Annual Action Plan 2019 53 OMB Control No: 2506-0117 (exp. 06/30/2018) Program income (PI) is occasionally received through the repayment of deferred zero interest loans made in previous years through the First Time Homebuyer and Housing Rehabilitation programs. When PI is received it is typically immediately reprogrammed to support current First Time Homebuyer and Housing Rehabilitation loan activities (depending on where the need/activity is greatest at the time the PI is received). The receipt of PI is somewhat unpredictable as it is generally triggered when previous loan recipients sell or refinance their homes. All PI received to date has been reprogrammed to support First Time Homebuyer and Housing Rehabilitation activities during the 2018 program year. The HRA anticipates receiving approximately $50,000 in PI during the 2019 program year that will be reprogrammed to support projects during the program year. This estimate is based on loan repayment trends over the past five years. The HRA does not have any funds or proceeds from section 108 loan guarantees, surplus funds, grant funds returned, or float-funded activities. The HRA also does not have any CDBG-assisted activities which qualify under the "urgent need" National Objective. The HRA estimates that 100% of its CDBG funds will be used for activities that benefit persons of low and moderate income. This includes all of the HRA CDBG-assisted activities other than Program Administration (planning, management, monitoring, and evaluation of the overall CDBG program). 138 Annual Action Plan 2019 54 OMB Control No: 2506-0117 (exp. 06/30/2018) 139 CDBG-CV Recommended Funding Allocations Housing Program Approved 2019 Allocation CDBG-CV Allocation Total CDBG Allocation Proposed Activity Housing Rehabilitation Program $100,529 $15,000 $115,529 Provide 2 emergency repair grants. Affordable Housing (Hammer Residences) $40,000 $25,000 $65,000 Purchase PPE, purchase technology equipment for staff (desktop computers, laptops, iPads), replace 2 kitchen countertops at Plymouth homes. Lutheran Social Service of Minnesota $0 $1,800 $1,800 Technology costs associated with increased staff time for virtual financial counseling. PRISM $14,400 $45,000 $59,400 Personnel expenses for temporarily bringing part-time employees on as full-time employees. HOME Line $8,230 $5,000 $13,230 Staffing costs to bring part-time staff on full-time temporarily; increased call volume/average call time. TreeHouse $10,000 $11,826 $21,826 Offer 1:1 virtual mentoring sessions for 22 Plymouth teens; purchase 3 laptops and docking stations; pay for cell phone coverage for staff; purchase Salesforce license; purchase Zoom enterprise subscription. Interfaith Outreach $9,500 $45,000 $54,500 Emergency housing and utility assistance for 25 Plymouth households. Senior Community Services $10,000 $20,039 $30,039 Staff time to pilot technology service for Plymouth seniors; purchase of PPE for staff. Administration $21,000 $5,000 $26,000 Administration of CDBG-CV grants. Total: $173,665 - 140 CITY OF PLYMOUTH HRA RESOLUTION 2020-07 REPEALING HRA RESOLUTION 2020-03 AND AMENDING THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN WHEREAS, the City’s 2019 Annual Action Plan was recommended for approval by the Plymouth Housing and Redevelopment Authority on February 28, 2019 and approved by the Plymouth Ciy Council on March 12, 2020; and WHEREAS, the City of Plymouth anticipates receiving a supplemental Community Development Block Grant funding allocation of $173,665 for activities related to prevent, prepare for, and respond to the coronavirus (COVID-19) as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and WHEREAS, the allocation of additional Community Development Block Grant funds by HUD constitutes a substantial amendment to the 2019 Annual Action Plan, which requires additional approval by both the Plymouth HRA and the City Council; and WHEREAS, on June 4, 2020, the Plymouth Housing and Redevelopment Authority held a duly constituted public hearing to allow interested parties to express their opinion; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Plymouth, MN has determined the following to be an appropriate use of Community Development Block Grant funds in accordance with federal guidelines and the City’s HUD approved Consolidated Plan; and WHEREAS, adoption of this resolution will repeal HRA Resolution 2020-03, that erroneously amended the City’s 2020 Community Development Block Grant Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby recommends that the City Council authorize the City Manager to apply for Community Development Block Grant funds totaling $173,665.00 from the U.S. Department of Housing and Urban Development with the following allocations to programs that prevent, prepare for, and respond to COVID-19: 1. Housing Rehabilitation 15,000.00 2. Lutheran Social Service of Minnesota 1,800.00 3. TreeHouse 11,826.00 4. HOME Line 5,000.00 5. Interfaith Outreach 45,000.00 6. People Responding in Social Ministry (PRISM)45,000.00 7. Senior Community Services 20,039.00 8. Program Administration 5,000.00 9. Affordable Housing Development 25,000.00 Total $173,665.00 BE IT FURTHER RESOLVED, that any increase in the anticipated funding amount for the CDBG- CV allocation will be split between the Housing Rehabilitation, Affordable Housing Development, and Social Service Programs. Any decrease will be split between the Housing Rehabilitation, Affordable Housing Development, and Social Service Programs. 141 BE IT FURTHER RESOLVED, that it is hereby recommended to the City Council that all CDBG program income may be used to cover expenses generated in any existing CDBG program or activity and not just expenses related to the activity generating the income, unless otherwise reallocated by the City Council. BE IT FURTHER RESOLVED, that HRA Resolution 20-03 is hereby repealed in its entirety. Approved this 4th day of June, 2020 by the Plymouth Housing and Redevelopment Authority. 142 CITY OF PLYMOUTH RESOLUTION NO. 2020-177 RESOLUTION REPEALING CITY COUNCIL RESOLUTION 2020-131 AND AMENDING THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN WHEREAS, the City’s 2019 Annual Action Plan was recommended for approval by the Plymouth Housing and Redevelopment Authority on February 28, 2019 and approved by the Plymouth City Council on March 12, 2019; and WHEREAS, the City of Plymouth anticipates receiving a supplemental Community Development Block Grant (CDBG) funding allocation of $173,665 for activities related to preventing, preparing for, and response to the coronavirus (COVID-19) as part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and WHEREAS, the allocation of additional Community Development Block Grant funds by the U.S. Department of Housing & Urban Development (HUD) constitutes a substantial amendment to the 2019 Annual Action Plan, which requires additional approval by the City Council; and WHEREAS, on May 30, 2020, the City published notice in the Plymouth Sun Sailor of a public hearing to be held by the Plymouth Housing and Redevelopment Authority on June 4, 2020; and WHEREAS, on June 4, 2020, the Plymouth Housing and Redevelopment Authority held a duly constituted public hearing to allow interested parties to express their opinion; and WHEREAS, the City Council has reviewed the recommendations of the Housing and Redevelopment Authority regarding the proposed activities and allocation of supplemental CDBG funds for COVID-19 prevention, preparation, and response, and has determined the following to be an appropriate use of CDBG funds in accordance with federal guidelines and the City’s HUD approved Consolidated Plan; and WHEREAS, adoption of this resolution will repeal City Council Resolution 2020-131, that erroneously amended the City’s 2020 Community Development Block Grant Annual Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby authorizes the City Manager to apply for Community Development Block Grant funds totaling $173,665 from the U.S. Department of Housing & Urban Development with the following allocations to programs that prevent, prepare for, and respond to COVID-19, which serves as a substantial amendment to the 2019 Annual Action Plan: 143 1.Housing Rehabilitation Program 15,000.00 2.Affordable Housing Development –Hammer Residences, Inc.25,000.00 3.TreeHouse 11,826.00 4.HOME Line 5,000.00 5.Interfaith Outreach 45,000.00 6.People Responding in Social Ministry 45,000.00 7.Senior Community Services 20.039.00 8.Lutheran Social Service of Minnesota 1,800.00 9.Program Administration 5,000.00 Total CDBG-CV Allocation:173,665.00 BE IT FURTHER RESOLVED, that any increase in the anticipated funding amount for the CDBG-CV allocation will be split between the Housing Rehabilitation, Affordable Housing Development, and Social Service Programs. Any decrease will be split between the Housing Rehabilitation, Affordable Housing Development, and Social Service Programs. BE IT FURTHER RESOLVED, that all CDBG program income may be used to cover expenses generated in any existing CDBG program or activity and not just expenses related to the activity generating the income, unless otherwise reallocated by the City Council. BE IT FURTHER RESOLVED, that City Council Resolution 2020-131 is hereby repealed in its entirety. APPROVED by the City Council on this 9th day of June, 2020. 144 Regular City Council June 9, 2020 Agenda Number:8.1 To:Dave Callister, City Manager Prepared by:Laurie Hokkanen, Administrative Services Director Reviewed by: Item:Consider construction manager contract for Plymouth Creek Center Renovation and Expansion Project and Fire Station 1 and 2 Construction Projects (Res2020-178) 1. Action Requested: Adopt attached resolution authorizing the Mayor and City Manager to execute a contract for Construction Manager services with RJM for Plymouth Creek Center Renovation and Expansion Project and Fire Station 2 and 3 Construction Projects 2. Background: The City will engage a Construction Manager firm to be responsible for overseeing the construction of the Plymouth Creek Center and Fire Stations 1 and 2. Using a construction manager (rather than a general contractor) allows the City to avoid contractor mark-ups on the cost of materials, and provides for additional supervision and feedback on the architectural design and construction. For this project, the construction manager method will be a modified version of Construction Manager At Risk (CMr), in which RJM will deliver the projects for a guaranteed maximum price which is set when bids are assigned. They will assume the risk of any overages and the city will benefit from any savings. Under this modified CMr, the Council will receive and award bids and then reassign the contracts to RJM. This process will result in substantial savings of staff time needed to manage the project, including the time needed to process change orders. Attached is a chart showing recent projects completed by RJM using the CMr method. RJM has been engaged on the Plymouth Creek Center project during the schematic design, design development and and construction document phases, working closely with staff and HGA Architects to provide advice on material selections and to test cost estimates. RJM will serve the same role on the Fire Stations project, working with CNH architects and staff to develop design and construction documents. On the Fire Station project, RJM will partner with Brennan Companies for additional fire station expertise. The attached resolution authorizes the Mayor and City Manager to enter into a contract with RJM Construction for each project. Copies of the contracts will be added to the packet prior to the Council meeting. 145 3. Budget Impact: Staff solicited proposals and interviewed multiple firms for this contract. RJM was found to be the most cost effective option, offering additional savings based on the efficiencies of managing multiple projects in close proximity. The fee for Fire Stations 2 and 3 is estimated at $1,341,172 which includes project reimbursable and the contractors fee (1.5%) of $255,000. Estimates are based on total project value and an 18-month construction duration. These costs are included in the budgeted amounts for the construction project, which the city will issue debt for in the future. The fee for the Plymouth Creek Center project is estimated at $2,783,207 which includes general conditions and project reimbursables and the contractors fee of $618,076. The Council is expected to consider authorization of bids on the Plymouth Creek Center project at the June 23 meeting. Assuming all three projects maintain their current schedules, RJM has proposed an approximate savings to the Plymouth Creek Center project of $150,000. Actual fees for both projects will vary based on actual construction costs. 4. Attachments: RJM Recent Construction Manager Projects City of Plymouth Fire Stations 2 and 3 - A133ExhibitA-2019 - Working Draft - 001 DOCS-#210431-v1-City of Plymouth Fire Stations 2 and 3 - A201-2017 - Working Draft v2018 DOCS-#210433-v1-City of Plymouth Fire Stations 2 and 3 - A133-2019 - Working Draft - 001 (003) City Council Resolution 2020-178 146 147 AIA® Document A133™ – 2019 Exhibit A Guaranteed Maximum Price Amendment AIA Document A133™ – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 10:21:27 ET on 05/07/2020 under Order No.6898725545 which expires on 08/08/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1479633475) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 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. CoThis Amendment dated the «_____ » day of «June » in the year «Two Thousand Twenty », is incorporated into the accompanying AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the « » day of « » in the year « » (the “Agreement”) (In words, indicate day, month, and year.) for the following PROJECT: (Name and address or location) «City of Plymouth Fire Station #2 12000 Old Rockford Rd Plymouth, MN 55441» «City of Plymouth Fire Station #3 3300 Dunkirk Ln N Plymouth, MN 55447 » THE OWNER: (Name, legal status, and address) City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447-1482 « » THE CONSTRUCTION MANAGER: (Name, legal status, and address) «RJM Construction, LLC »« » «830 Boone Avenue N. Golden Valley, MN 55427 » TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the 148 AIA Document A133™ – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 10:21:27 ET on 05/07/2020 under Order No.6898725545 which expires on 08/08/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1479633475) 2 Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus the Cost of the Work, as that term is defined in Article 6 of the Agreement. The Guaranteed Maximum Price is not a line item Guaranteed Maximum Price. The Contractor may reallocate sums from one-line item of the itemized statement of the Guaranteed Maximum Price to another line item. This may be done without the execution of a Change Order, if the Scope of Work is not changed as a result of or in connection with such reallocation. reimbursement by the Owner, except as otherwise provided by the Contract Documents. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed « » ($ « » ), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, including allowances; the Construction Manager’s contingency; alternates; the Construction Manager’s Fee; and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) «RJM Estimate Summary dated XX/XX/XXXX is incorporated and attached. » § A.1.1.3 The Construction Manager’s Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager’s Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Contractor’s Guaranteed Maximum Price contains a contingency of $xxxxx.xx to cover risks inherent in providing a Guaranteed Maximum Price for the Project. Contractor shall maintain a contingency within the Guaranteed Maximum Price to cover costs which are properly reimbursable as the Cost of the Work but are not the basis for a Change Order (“Contractor’s Contingency”). The Contractor’s Contingency shall not be used for changes in scope or for any item that would be the basis for an increase in the Cost of the Work. Savings from any line item for the Cost of the Work (calculated as the difference between the initial estimate for an individual line item and its actual cost) shall be allocated to the Contractor’s Contingency; provided, however, that any amounts remaining in the Contractor’s Contingency; after final completion of the Work shall remain with Owner. The Owner and the Contractor acknowledge that the cost estimating process is not exact, and the Contractor’s Contingency is included to adjust the estimate for quantity and price estimate inaccuracies and other eventualities which have been taken into precise account in the establishment of the Cost of the Work. The Contractor shall regularly report on the status and use of the Owner with an accounting of (i) the current Contractor’s Contingency amount; (ii) contributions to the Contractor’s Contingency since the last Application of Payment; and (iii) deductions from the Contractor’s Contingency since the last Application for Payment. Contractor reserves the right to draw on the Contractor’s Contingency to cover unanticipated or increased costs of construction as it deems necessary for the completion of the Project. Costs properly reimbursable through the Contractor’s Contingency include but shall not be limited to, the following: .1 additional costs incurred as a result of the buyout of any Subcontractor in excess of its estimated cost, excluding costs incurred in connection with any owner-mandated Subcontractor in excess of the estimated cost of the Subcontractor’s portion of the Work, which shall be the responsibility of Owner; .2 costs associated with any default by a Subcontractor; provided however, that Contractor shall endeavor in good faith to recover any damages from Subcontractor arising out of such default; .3 costs related to changes in construction means and methods; .4 costs associated with accelerating or re-sequencing the Work as necessary to maintain the schedule for the Work; and .5 any costs associated with price escalation in materials or labor rates. § A.1.1.6 Alternates § A.1.1.6.1 Alternates, if any, included in the Guaranteed Maximum Price: 149 AIA Document A133™ – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 10:21:27 ET on 05/07/2020 under Order No.6898725545 which expires on 08/08/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1479633475) 3 Item Price § A.1.1.6.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Exhibit A. Upon acceptance, the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance § A.1.1.7 Unit prices, if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ « » ] The date of execution of this Amendment. [ « » ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) « » If a date of commencement of the Work is not selected, then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Construction Manager shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) [ « » ] Not later than « » ( « » ) calendar days from the date of commencement of the Work. [ « » ] By the following date: « » § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damages, if any, shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract Documents and the following: 150 AIA Document A133™ – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 10:21:27 ET on 05/07/2020 under Order No.6898725545 which expires on 08/08/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1479633475) 4 § A.3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) « » Section Title Date Pages § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) « » Number Title Date § A.3.1.4 The Sustainability Plan, if any: (If the Owner identified a Sustainable Objective in the Owner’s Criteria, identify the document or documents that comprise the Sustainability Plan by title, date and number of pages, and include other identifying information. The Sustainability Plan identifies and describes the Sustainable Objective; the targeted Sustainable Measures; implementation strategies selected to achieve the Sustainable Measures; the Owner’s and Construction Manager’s roles and responsibilities associated with achieving the Sustainable Measures; the specific details about design reviews, testing or metrics to verify achievement of each Sustainable Measure; and the Sustainability Documentation required for the Project, as those terms are defined in Exhibit C to the Agreement.) Title Date Pages Other identifying information: § A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each allowance.) Item Price § A.3.1.6 Assumptions and clarifications, if any, upon which the Guaranteed Maximum Price is based: (Identify each assumption and clarification.) The Guaranteed Maximum Price has been arrived at on the basis of incomplete drawings and specifications. Both the Construction Manager and the Owner intend that the Architect’s refinements or developments leading to the final Contract drawings will be completely consistent with the design concept expressed in the enumerated drawings and specifications. In the vent that the Construction Manager believes the Architect’s refinements or developments to be enumerated drawings will require additional time and expense to do the Work, it should promptly report the extent of the increase in cost or time to the Owner, and the increase shall be handled by Change Order pursuant to relevant provisions of the Contract and an adjustment to the Guaranteed Maximum Price. » § A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment.) « » 151 AIA Document A133™ – 2019 Exhibit A. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 10:21:27 ET on 05/07/2020 under Order No.6898725545 which expires on 08/08/2020, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1479633475) 5 ARTICLE A.4 CONSTRUCTION MANAGER’S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager shall retain the consultants, contractors, design professionals, and suppliers, identified below: (List name, discipline, address, and other information.) « » This Amendment to the Agreement entered into as of the day and year first written above. OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » « »« » (Printed name and title) (Printed name and title) 152 AIA® Document A201TM – 2017 General Conditions of the Contract for Construction AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 1 210431v1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. 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. for the following PROJECT: (Name and location or address) «City of Plymouth Fire Station #2 12000 Old Rockford Rd Plymouth, MN 55441» «City of Plymouth Fire Station #3 3300 Dunkirk Ln N Plymouth, MN 55447 » THE OWNER: (Name, legal status and address) «City of Plymouth »« » «3400 Plymouth Blvd Plymouth, MN 55447-1482 » THE ARCHITECT: (Name, legal status and address) CNH Architects 7300 147th St W # 504 Apple Valley, MN 55124 « » TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 153 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 2 210431v1 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES 154 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 3 210431v1 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 155 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 4 210431v1 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 156 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 5 210431v1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 157 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 6 210431v1 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 158 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 7 210431v1 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 159 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 8 210431v1 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 160 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 9 210431v1 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 161 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 10 210431v1 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. § 1.1.3 The Work The term “Work” means the construction and services required by the Contract Documents and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are intended to be complementary. Performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid 162 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 11 210431v1 or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as “all” and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub- subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. 163 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 12 210431v1 ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters. The term “Owner” means the Owner or the Owner’s authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Intentionally Deleted. § 2.2.2 Intentionally Deleted. § 2.2.3 Intentionally Deleted. § 2.2.4 The Owner and the Contractor shall comply with all laws and regulations pertaining to data, including but not limited to the Government Data Practices Act, Chapter 13. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or persistently and willfully fails to carry out Work in accordance with the Contract Documents, and fails within a 10-day period after receipt of written notice from the owners to commence and continue correction of such work, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. 164 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 13 210431v1 § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. § 2.6 Contingency Contractor shall maintain a contingency within the Guaranteed Maximum Price to cover costs which are properly reimbursable as the Cost of the Work but are not the basis for a Change Order (“Contractor’s Contingency”). The Contractor’s Contingency shall not be used for changes in scope or for any item that would be the basis for an increase in the Cost of the Work. Savings form any line item for the Cost of the Work as set forth on Exhibit D (calculated as the difference between the initial estimate for an individual line item and its actual cost) shall be allocated to the Contractor’s Contingency; provided, however, that any amounts remaining in the Contractor’s Contingency; provided, however, that any amounts remaining in the Contractor’s Contingency after final completion of the Work shall remain with Owner. The Owner and the Contractor acknowledges that the cost estimating process is not exact, and the Contractor’s Contingency is included to adjust the estimate for quantity and price estimate inaccuracies and other eventualities which have been taken into precise account in the establishment of the Cost of the Work as set forth in Exhibit D. The Contractor shall regularly report on the status and use of the Owner with an accounting of (i) the current Contractor’s Contingency amount; (ii) contributions to the Contractor’s Contingency since the last Application of Payment; and (iii) deductions from the Contractor’s Contingency since the last Application for Payment. Contractor reserves the right to draw on the Contractor’s Contingency to cover unanticipated or increased costs of construction as it deems necessary for the completion of the Project. Costs properly reimbursable through the Contractor’s Contingency included but shall not be limited to, the following: .1 additional costs incurred as a result of the buyout of any Subcontractor in excess of its estimated cost, excluding costs incurred in connection with any owner-mandated Subcontractor in excess of the estimated cost of the Subcontractor’s portion of the Work, which shall be the responsibility of Owner; .2 costs associated with any default by a Subcontractor; provided however, that Contractor shall endeavor in good faith to recover any damages from Subcontractor arising out of such default; .3 costs related to changes in construction means and methods; .4 costs associated with accelerating or re-sequencing the Work as necessary to maintain the schedule for the Work; and .5 any costs associated with price escalation in materials or labor rates. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor in this A201-2017 General Conditions, as modified, shall be RJM Construction, LLC upon assignment of the awarded bids as described in the A133-2019 section 6.2, from Owner to RJM Construction, LLC as Construction Manager at Risk. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have sole authority to bind the Contractor with respect to all matters under this Contract. The term “Contractor” means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 165 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 14 210431v1 § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. No extra charge or compensation will be allowed to the Contractor on account of differences between actual dimensions and the measurements shown be the drawings. all the component parts for the Work shall be carefully checked and laid out in order that the structure as a whole shall conform to the intent of the Drawings and Specifications. § 3.2.2 The Contractor shall, before starting each portion of the Work, review the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities unless the Contractor recognized such error, inconsistency, omission, difference, or nonconformity and knowingly failed to report it. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall coordinate the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. Nothing in this paragraph, or in any other portion of these General Conditions, the Agreement, or any of the Contract Documents is meant to nor shall create a duty owed by the Contractor to any person or entity other than the Owner. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. 166 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 15 210431v1 § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.3.4 Contractor shall at all times staff the Project adequately for high quality management and construction work. Contractor shall have competent supervision continuously on the job during work hours and readily available at all times upon call. § 3.3.5 Owner or its approved representative (heretofore referred to as Owner's Representative) shall have access to the Project site and all Work. § 3.3.6 No supervision or inspection by the Owner or the Owner's Representative nor any actions taken by the Owner's representative shall relieve Contractor of any of its obligations under the Contract Documents or give rise to any duty on the part of the Owner. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services reasonably necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.4.4 By execution of this Contract the Contractor warrants that he has fully acquainted himself with the requirements for approval of materials prior to Bid Opening, and Contractor further warrants that his failure to secure written approval in the form of an Addendum prior to Bid Opening in no way relieves him from the obligation of providing any article, device, product, material, fixture form or type of construction etc., as given in the Specifications or Addenda by name make or catalog number of a manufacturer. § 3.4.5 Since all work based upon materials and equipment as specified or approved by Addendum prior to bidding, Architect and Owner will not consider substitutions after an award of a contract except in such cases where it is necessary to make a substitution because of strikes, lockouts, bankruptcy, discontinuation of a product, the manufacturer cannot make satisfactory delivery or the material delivered fails to comply with the Specifications. Requests for such substitutions of materials after the award of Contract shall be made within ten days of the date that Contractor ascertains he cannot obtain the material or equipment specified. Such request shall state in detail the reasons for the substitutions and shall be accompanied by a completed description of the material or apparatus other than those specified will not be accepted except upon the recommendations of the Architect to the Owner and with the written approval of the Owner. A request will not be approved where delay in delivery results from failure to promptly place subcontractors and material orders. § 3.4.6 In all cases in which a manufacturer's name, trade name or other proprietary designation is used in connection with materials or articles to be furnished under this Contract, whether or not the phrase "equal" is used after such name, Contractor shall furnish product of named manufacturer(s) without substitution, unless written request for a substitute has been submitted by Contractor and approved in writing by Architect as provided in Subparagraph 3.4.4. § 3.4.7 If the Contractor proposes to use a material, system, or articles which, while suitable for the intended use, deviates in any way from the detailed requirements of Contract Documents, Contractor shall inform Architect in writing on such form as Architect may require for such purpose, of the nature of such deviations at the time the material, system, or article is submitted for approval or consideration, and shall request written approval of the deviation from the requirements of Contract Documents. By submitting such material or article for approval, Contractor. 167 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 16 210431v1 .1 represents that Contractor has personally investigated the proposed substitute material or article and determined that it is equal to or superior in all respects to that specified; .2 represents that Contractor will provide the same warranty for the substitution that Contractor would provide for that specified; .3 certifies that the cost data presented is complete and includes all related costs under this Contract except for Architect’s evaluation, redesign and other costs, if any, and waives all claims for additional costs related to the substitution which may subsequently become apparent; .4 confirms that Contractor will prepare and submit with respect to such substituted material or article all Shop Drawings other submittals required in connection with the substituted material or article; and .5 will coordinate the installation of the accepted substitute, making such changes as may be required, whether required by Architect or otherwise, for the Work to be complete in all respects. § 3.4.8 In requesting approval of deviations or substitutions, the Contactor shall provide, upon the Architect’s request, evidence leading to a reasonable certainty on the part of the architect that proposed substitution or deviation will provide a quality result and performance at least equal to that otherwise attainable. If, in sole good faith opinion of Architect, evidence presented by Contractor does not provide a sufficient basis for such reasonable certainty, Architect may reject such substitution or deviation without further investigation. § 3.4.9 Contactor shall reimburse Owner amounts charged to Owner by Architect for evaluating deviations and substitutions proposed by Contractor, for making revisions to Contact Documents on account thereof, and for responding to Requests for Information and providing other services on account of such proposed deviations or substitutions, all regardless of whether such proposed deviations or substitutions are approved or rejected by Architect. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by the Contract Documents. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. Copies of all permits required in connection with the Work (directly or through subcontractors) shall be delivered to Owner as soon as any such permit is obtained. Upon Final Payment (as defined in the Contract Documents), Contractor shall deliver the original permits, licenses, (if any) and certificates of occupancy to Owner. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. 168 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 17 210431v1 § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor, Owner, or Architect encounter conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the encountering party shall promptly provide notice to the other entities referenced in this Section 3.7.4 before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the O wner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 Contactor shall adequately staff the Project site to properly the thoroughly engineer, plan, schedule, coordinate, direct, administer, and supervise all construction activities. To this end, Contactor shall employ competent and appropriately qualified and experienced personnel, consisting of a superintendent, necessary assistants, and a registered professional engineer or registered land surveyor, each of whom shall be reasonably acceptable to the Owner and who shall not be replaced without Owner’s prior written approval. At a minimum, superintendent shall be in attendance at Project site full time during progress of Work and at any time with any construction activity is, or is scheduled, to take place, and until date of final completion. Superintendents’ assistants shall be in attendance at all times necessary to assure Contractor’s compliance with the obligations of the Subparagraph. A registered professional engineer or registered land surveyor retained by Contractor, shall establish all exterior and building grades, lines, levels, columns, wall and partition lines, and required elevations, and shall 169 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 18 210431v1 certify to the actual location of all buildings, structures, roads, utilities, site grading and associated Work to be constructed on site and coordinate all discrepancies before project construction begins. Prior to commencement of construction, Contactor shall submit for Owner’s and Architect’s review, and for Owner’s approval, a plan for staffing Project site consistent with the requirements of this Subparagraph. Superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contactor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Owner and Architect’s approval. The Owner and Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Owner and Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the Owner and Architect’s time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to and approved by the Owner and Architect. § 3.10.4 Contractor agrees to promptly notify Owner, in writing if Contractor at any time believes progress of Work on Project is not conforming generally to Project Schedule. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.11.2 At completion of Work, Contractor shall sign and certify on each of the record drawings and specifications that they are complete and accurate. Prior to application for final payment, and as a condition to its approval by Architect and Owner, the Contractor shall deliver record drawings and specifications, arranged in proper order, indexed, and certified as accurate to Architect for transmittal to Owner. 170 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 19 210431v1 § 3.11.3 No review or receipt of such records by Architect or Owner shall be considered a waiver of any deviation from Contract Documents or reviewed shop drawings, or any way relieve Contractor from its responsibility to perform the Work in accordance with Contract documents. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. Shop drawings submitted prior to the issuance of the building permit are at the Contractor’s risk. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. The Contractor must provide the Owner and the Architect with copies of all submittals made to regulatory agencies. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. The Contractor must correct, at its cost, and without any adjustment in Contract Time, any Work the correction of which is required due to the Contractor’s failure to obtain approval of a submittal required to have been obtained prior to proceeding with the Work, including, but not limited to, correction of any conflicts in the work resulting from such failure. § 3.12.8 The Work shall be in accordance with accepted submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s acceptance of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s acceptance thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s 171 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 20 210431v1 responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.8, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site § 3.13.1 The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.13.2 Contactor shall return all improvements on or about the site, streets and adjacent property which are not shown to be altered, removed or otherwise changed, to conditions which existed previously. Contractor shall protect existing structures or other features from damage by any operation in connection with the contract. § 3.13.3 Utilities or other services which are shown, or not shown but encountered or otherwise found, shall be protected by the Contractor from any damage from excavation or other work and operations of this Contract, unless or until they are abandoned. If the utilities or services are not abandoned, or to be abandoned, the Contractor shall immediately restore any damage from his work or operations to place the utilities and service in an equal or better condition to that which existed. Where utilities or services are shown to be abandoned or moved, they shall remain in service, and be protected by the Contractor, until new utilities and services have been provided, tested and ready for use. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. Cutting and patching shall be kept to an absolute minimum by careful planning and through providing proper holes, sleeves, anchors, inserts or other built-ins as Work progresses and then only to the extent required to properly place, support, hang, anchor or install materials and equipment. Patching shall be done to response materials, installed work and finishes to like-new conditions to match adjoining work and shall be performed by workmen skilled in the particular type of work involved. Where finishes are patched, they shall be patched to the extent necessary to provide unbroken and unpatched appearance and shall be carried to natural break points as necessary. All patching is subject to Architect’s acceptance. Unauthorized or careless cutting will not be permitted. No structural member shall be cut in a manner or to an extent which will affect the structural effectiveness, unless approved by the Architect. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably 172 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 21 210431v1 withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. 3.14.3 Cutting and patching of construction work or excavation and backfilling in or about building, shall be done under the general supervision of the Contractor for that phase of the Work being altered, who shall be responsible to see that patching and backfilling is accomplished by using proper labor, materials and methods consistent with the requirements for other similar construction. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification by Contractors § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, including the Owner’s agents and employees, from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, except to the extent such claim, damage, loss, or expense is caused by an act or omission of a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. § 3.19 ACCESS TO BOOKS AND RECORDS The books, records, documents, and accounting procedures of the Contractor, relevant to his assignment, are subject to examination by the Owner and either the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, section 16C.05, Subdivision 5. § 3.20 ACCESS TO BOOKS AND RECORDS Contractor shall schedule and manage frequent pre-construction and construction progress meetings for the Project (to be held weekly or as appropriate to a given phase of the Project and agreed upon by the Owner, contractor and/or Architect). Contractor shall provide Owner, Architect and their consultants with appropriate prior notice of such meetings. § 3.21 ACCESS TO BOOKS AND RECORDS 173 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 22 210431v1 Contractor shall obtain and deliver to the Owner all certifications for inspection, testing, and approval required by the Contract Documents. Contractor shall also deliver all written warranties and operation manuals required by the Contract Documents for the equipment and systems provided by or through Contractor. The Contractor shall assist Owner with the start-up and training of staff on operations of the Work, including commissioning, final adjustments, and balancing of systems and equipment, if warranted. Contactor shall provide as-constructed record drawings to Owner. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work is in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts, subject to the Owner’s approval. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. 174 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 23 210431v1 § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness as to cause no delay in the Work, or in the activities of the Owner, Contractor, or separate Contractors while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness, but in no event later than fifteen (15) days after receipt of such request. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub- subcontractor. 175 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 24 210431v1 § 5.1.3 The Contractor will be required to establish the Owner and the Architect the reliability and responsibility of the proposed subcontractors to finish and perform the work described in the Contract Documents pertaining to the individual subcontractor’s area of expertise. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 All contracts for Work shall be publicly bid in accordance with Minn. Stat. § 471.345 and awarded by the Owner. The bid solicitation documents must prohibit bidders from withdrawing their bids for a minimum of 45 days. After Owner has evaluated bids and ranked the bid responses, but prior to the Owner’s award of contracts, the CMAR shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. § 5.2.2 Work shall be performed under contracts assigned to the Construction Manager by the Owner on the basis of the bids awarded by the Owner pursuant to the public bidding process. § 5.2.3 Intentionally Deleted. § 5.2.4 The Contractor agrees that is must pay any subcontractor within ten days of the prime contractor’s receipt of payment from the Owner for undisputed services provided by the subcontractor. The contractor agrees that it must pay interest of 1-1/2 percent per month or any part of the month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for any unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its cost and disbursements, including attorney’s fees, incurred in bringing the action. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner. Each subcontract agreement shall preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor copies of the Contract Documents to which the Subcontractor will be bound, ands. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned to the Contractor as described in Section 5.2, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Contractor accepts the assignment of a subcontract agreement, the Contractor assumes the Owner’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. 176 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 25 210431v1 ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to its construction schedule and Contract Sum deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of known discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not then apparent or reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect, with twenty-four (24) hours written notice to the Contractor, will allocate the cost among those responsible. 177 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 26 210431v1 ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. Neither Contractor nor any of its Subcontractors or Suppliers shall be entitled to an increase in the Contract Sum without the written approval of the Owner prior to performing the change in the Work. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.2.2 Change Proposals. The Contractor must submit change proposals covering a contemplated Change Order within a reasonable time after request of the Owner, or the Architect, or within a reasonable time after the event giving rise to the Contractor’s claim for a change in the Contract Sum or Contract Time, but in no event later than thirty (30) days after the event giving rise to the claim. No increase in the Contract Sum or extension of the Contract Time will be allowed the Contractor for the cost or time involved in making change proposals. Change proposals will define or confirm in detail the Work which is proposed to be added, deleted, or changed and must include any adjustment which the Contractor believes to be necessary in (i) the Contract Sum; or (ii) the Contract Time, any proposed adjustment must include detailed documentation including but not limited to: cost, properly itemized and supported by sufficient substantiating data to permit evaluation including cost of labor, materials, supplies and equipment, rental cost of machinery and equipment, additional bond cost, plus the Contractor’s Fee. § 7.2.3 If the Owner determines that a change proposal is appropriate, the Architect will prepare and submit a request for Change Order providing for an appropriate adjustment in the Contract Sum or Contract Time, or both, for further action by the Owner. No Change Order is effective until the Owner, Contractor, and Architect sign the Change Order. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work and stating a proposed basis for the change prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 The Construction Change Directive shall provide for an adjustment to the Contract Sum. The adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or 178 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 27 210431v1 .4 As provided in Section 7.3.4. The Architect’s determination, as specified above, shall not be less than the actual costs expended by the Contractor in performing the changed Work. If the Contractor believes the Architect’s determination is less than its actual costs (incurred or projected) in performing the Work, the Contractor may initiate dispute resolution procedures pursuant to Article 15. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Owner may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Owner’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Owner and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Owner’s order for a minor change without 179 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 28 210431v1 prior notice to the Owner that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time, subject to the Contractor’s right to assert a claim for additional costs and/or time pursuant to Article 15. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date as established in Section 9.8. § 8.1.4 The term “day” as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. If the Contractor’s Work shall fall behind schedule for reasons that are not excused under the terms of the Contract, the Contractor shall add additional workers or shifts and/or work overtime as necessary to maintain the Construction Schedule. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work (1) by changes ordered in the Work; (2) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, epidemics (including COVID-19), adverse governmental actions, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (3) by delay authorized by the Owner pending mediation or litigation as provided in the Contract Documents; or (4) by other causes that the Contractor asserts, and the Architect determines, subject to the Owner’s approval, which shall not be unreasonably withheld, justify delay, then the Contract Time shall be reasonably extended for such reasonable time as the Architect may determine. § 8.1.3.1 Pursuant to Subparagraph 8.1.3, all acts or failures to act occurring prior to the relevant date of Substantial Completion, and any applicable stature of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events no later then such date of Substantial Completion; as to all acts or failures to act occurring subsequent to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have occurred in any and all events not later than the date of issuance of the final Certificate of Payment. § 8.3.1.1 Only those enumerated conditions over which the Contractor has no control will be considered. The burden of proof to substantiate the claim for an extension shall rest with the Contractor, including evidence that the cause was beyond his control. It shall be deemed that Contractor has control over the supply of labor, materials, equipment, methods, techniques, and over his subcontractors and suppliers. § 8.3.1.2 In the event of Changes in the Work, any consideration for a time extension will be made only at the time of authorizing the changes, and no later than when the Change Order is prepared, and only if the Change significantly affects the time and progress of the entire Work. For changes which do not affect the entire Work, time extensions may be granted only for the area, phase, unit, or element affected by the change, if due to a valid reason for a time extension. § 8.3.1.3 Any unusual delay in deliveries will not be considered unless it is solely due to transportation. An extension of time will not be granted for delays in deliveries where said delivery was not properly scheduled or when orders were not promptly and properly placed. 180 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 29 210431v1 § 8.3.1.4 With respect to a claim for an extension of time as a result of climatic conditions, the Contractor shall recognize the location of the site and the existence, as normal, of variations from “average” conditions. Foul weather in itself will not be a valid reason for a time extension. Requests for time extensions because of delay resulting from weather extremes will not be considered unless a substantial variation from usual weather conditions occurs for a significant period of time, during phases of Work when operations necessarily were suspended to a significant degree when they could otherwise have been in progress. In considering the time extension, the weather conditions both before and after the period in which the delay is claimed will be evaluated with credit given for unseasonably favorable weather. § 8.3.1.5 Delays resulting from a labor dispute will not result in a time extension of a longer period than the dispute, plus a reasonable time for mobilization if justified and necessary as approved by the Architect, and may be less depending on the impact of the dispute, including what operations were suspended or curtailed. § 8.3.1.6 A delay in the overall Project progress actually occurred and clearly disrupted the total Project progress as a result on one of the valid causes for time extension. An extension of time for parts, phases, or stages may be granted where a valid delay indicates such partial time extension is justified. § 8.3.1.7 No time extension will be granted as a result of improper scheduling or for failure to have shop drawings or samples submitted in ample time for review under a reasonable and agreed upon schedule. § 8.3.1.8 Delays by subcontractors of supplies will not be considered justification for a time extension, except for the same valid reasons and conditions enumerated under Subparagraph 8.3.1 § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. § 8.3.4 Force Majeure § 8.3.4.1 Events of “Force Majeure” shall consist of the following: Acts of God, weather events, acts of war, terrorist acts, riots or other civil unrest, newly announced or enacted governmental restrictions or other acts by governmental bodies (local, national or foreign), including but not limited to the imposition of tariffs or other trade restrictions, labor disputes (excluding disputes with laborers on the Project), labor shortages (including but not limited to the unavailability of qualified and properly trained labor forces), unavoidable material shortages, usual transportation delays, unusual delays in obtaining necessary permits granted by applicable governmental authority, vandalism, fire, flood, earthquake or other natural disaster or any other casualty loss, or any other events beyond the reasonable control of the Contractor (except those set forth in Section 8.3.1). § 8.3.4.2 If the Contractor is delayed at any time in the commencement or progress of the Work by an event of Force Majeure, the Contractor shall provide written notice to the Owner within a reasonable time after the Contractor first recognizes the occurrence of any event of Force Majeure and has assessed its impact to the Project. In the event of Force Majeure, the Contract Time shall be extended on a day-for-day basis for the entire period of time associated with the event of Force Majeure, and the Contract Sum shall be increased by the amount attributable to the Force Majeure event by Change Order, subject to the Owner’s right to Object, pursue a Claim under Article 15, and a final determination of the Claim. § 8.3.4.3 Notwithstanding the foregoing, if the cumulative amount of all delays due to weather is fifteen (15) days or less, the Contractor shall bear its additional expenses and the Owner will bear its extra expenses. The date of Substantial Completion established in this Agreement shall include this initial fifteen (15) day period. If the cumulative amount of all delays due to weather exceeds fifteen (15) days, the Contract Time shall be extended, and the Contract Sum shall be increased as set forth in Section 8.3.4.2, subject to the Owner’s right to object and pursue a claim under Article 15. § 8.3.4.4 If an unavoidable material shortage or delay in delivery occurs, the Contractor shall have the obligation to use commercially reasonable efforts to substitute the delayed material with material or comparable kind and quality, or to substitute or supplement the delivery method, as the case may be, provided the Contractor obtains the Owner’s prior consent, which shall not unreasonably be withheld. Anything to the contrary herein notwithstanding, if the Contractor substitutes the delayed material or substitutes or supplements the delivery method in accordance with this 181 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 30 210431v1 Section 8.3.4.4, and as a result the unavoidable material shortage or delay in delivery does not cause a delay to the critical path of the Work, then the unavoidable material shortage or delay in the delivery shall not be considered a Force Majeure event; provided, however, that any additional costs incurred by Contractor in avoiding such a delay shall be added to the Contract Sum by Change Order. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. Payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is 182 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 31 210431v1 properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments to Subcontractors or suppliers for labor, materials or equipment; .4 damage to the Owner or a Separate Contractor; or .5 persistent failure to carry out the Work in accordance with the Contract Documents. 6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for amounts owed to such subcontractor or material or equipment supplier for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than ten days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. Per Minn. Stat. § 471.425, the prime contractor must pay any subcontractor within ten (10) days of the prime contractor’s receipt of payment from the Owner for 183 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 32 210431v1 undisputed services provided by the subcontractor. The prime contractor must pay the subcontractor interest on any undisputed amounts not paid on time as provided in Minn. Stat. § 471.425. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. § 9.6.3 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.6.9 Amounts owed to the Owner by the Contractor pursuant to Subparagraphs 3.2.9, 3.4.9, 3.12.11, and 9.8.6 shall be deducted from payments otherwise due the Contractor pursuant to this Article 9. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use, including the receipt of all governmental approvals necessary therefor. 184 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 33 210431v1 § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected 185 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 34 210431v1 with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, including, without limitation, MN IC-134 Withholding Affidavit for Contractors (re: certification of satisfaction of state withholding taxes paid) for itself and all subcontractors,, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings 186 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 35 210431v1 against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 To the extent that Owner continues to occupy any part of the Project site or adjacent property during construction, Owner shall be responsible for keeping its employees, invitees, and other persons under its control out of the Project site. § 10.2.9 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. Nothing in this Section 10.3 or elsewhere in this contract shall be construed as a requirement that the Contractor perform any Work relating to a hazardous substance or material unless expressly required by the Contract Documents. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against 187 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 36 210431v1 claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 Notwithstanding anything herein to the contrary, the Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents or for the removal and disposal of hazardous substances (including but not limited to asbestos) when required as part of the scope of the Work. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s breach of its obligation under the Contract Documents or Contractor's fault or negligence in the use, handling, storage, transportation or disposal of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all reasonable cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub- subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) 188 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 37 210431v1 Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project or to the completed project or structure, or to the property adjacent to the Project site, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this Section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. This Section 11.3.1 is expressly amended to allow Contractor to subrogate against Contractor’s own subcontractors at any tier. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. 189 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 38 210431v1 § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense.. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner or Architect to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner or Architect shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work and to make a claim for breach of warranty, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner or Architect waives the rights to require correction by the Contractor. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the 190 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 39 210431v1 other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents, including those obligations incurred prior to the date of the assignment. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals as provided for in the Contract Documents. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 13.6 Responsible Contractor Requirements. The Contractor shall comply with the requirements of Minn. Stat. § 16C.285. 191 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 40 210431v1 § 13.7 Document Retention and Audit Provisions. .1 Audit Disclosure. The Contractor must allow the Owner or its duly authorized agents reasonable access to the Contractor’s books and records that are pertinent to all services provided under the Contract, including books and records of any approved subcontractors, for six years after the effective date of this Contract. .2 Government Data. Contractor acknowledges that all of the data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing the Contract may be subject to the disclosure requirements of the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13, the “MGDPA”), and that the Contractor must assist the Owner with any requests for data under the MGDPA. Contractor agrees to promptly notify Owner of any request for data that Contractor receives related to this Agreement. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, persistent suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 60 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has persistently failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 persistently refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 persistently disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; 4 has: (i) filed for relief under the United States Bankruptcy Code or has suffered the filing of an involuntary petition under the Bankruptcy Code that is not dismissed within sixty (60) days after filing; (ii) a receiver appointed to take possession of all or substantially all of the property of the contractor material to the Work; (iii) suffered an assignment for the benefit of creditors; or (iv) been convicted of a felony; or .5 fails to supply adequate properly skilled workers or proper materials; or .6 otherwise is guilty of material or substantial breach of a provision of the Contract Documents. 192 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 41 210431v1 § 14.2.2 When any of the reasons described in Section 14.2.1 exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum less amounts which the Owner is entitled to offset from the unpaid Contract balance including actual damages, exceeds the costs of completing the Work, including compensation for the Owner’s and the Architect’s services made necessary thereby, such excess will be paid to the Contractor. If such costs exceed the unpaid Contract balance, the Contractor must pay the difference to the Owner upon written demand. This obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice, , and if required by Owner, participate in an inspection of the Work with the Owner and the Architect to record the extent of completion thereof, to identify the Work remaining to be completed or corrected;; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work including the removal of the Contractor’s tools, equipment, and construction machinery from the Site; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed up to the date of termination; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and reasonable overhead and profit on work not executed. The payments referenced in this paragraph are not the exclusive remedy of the Contractor. Such payments are instead cumulative of any other rights, claims, or entitlements the Contractor may possess, including but not limited to, claims arising out of a breach of the Agreement by the Owner prior to termination for convenience, claims arising from some other provision of the Agreement or these General Conditions, and/or claims arising under common law. 193 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 42 210431v1 ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a written demand by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes but is not limited to .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, diminution in value, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. 194 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 43 210431v1 This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, a decision by the Initial Decision Maker shall be required as a condition precedent to mediation of any Claim. If a decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may de mand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render a decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The decision by the Initial Decision Maker shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of a decision by the Initial Decision Maker at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of a decision by the Initial Decision Maker, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the decision of the Initial Decision Maker. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. 195 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 44 210431v1 § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to litigation in a court of competent jurisdiction. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 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. Signed agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. ARTICLE 16 GUARANTEES § 16.1 Guarantees, special guarantees, and any other guarantees required by the Contract Documents shall not exclude or otherwise limit the Owner’s possible remedies at law and shall not be construed as a waiver by the Owner of any other remedy. ARTICLE 17 PAYMENTS TO SUBCONTRACTORS § 17.1 Contractor is required to make payments to the Subcontractor(s) in the same manner that the Owner is required to make payments to the Contractor. § 17.1.1 Prompt Payment: Contractor shall pay all valid Subcontractor invoices within 21 days from the receipt of invoice, merchandise or service, whichever is later, providing he has been paid. Payments not make within the limits described above shall be subject to interest at a rate of 1-1/2 percent per month or part thereof. Any such interest shall be paid by the Contractor. § 17.1.2 Retainage: Contractor may hold as retainage from Subcontractor(s) progress payments an amount not to exceed 5 percent of the payment. The Contractor shall reduce or eliminate the retainage for a Subcontractor in the same manner that the owner reduces or eliminates the retainage for the Contractor. ARTICLE 18 MISCELLANEOUS TO THE SUPPLEMENTARY CONDITIONS AS FOLLOWS § 18.1 All applicable permits, licenses and fees shall be applied and paid for by the Contractor or Subcontractor before commencing work on each part of the project. § 18.2 Contractor shall warrant that none of the materials installed in the Project contain asbestos or polychlorinated biphenol (PCB) materials. § 18.3 Contractor may not assign or otherwise dispose of any portion of the Agreement entered into with the Owner to perform the Work on the Project except at the written consent of the Owner. Consent to assign or otherwise dispose of any portion of the Agreement entered into between the Owner and the Contractor shall not be construed to relieve the Contractor of any responsibility for the completion of the Project. § 18.4 If there are any discrepancies between the Supplementary Conditions and the General Conditions, the former shall supersede. § 18.5 References to Manufacturers or Products are not proprietary (unless indicated otherwise), but shall mean that level of quality and not that particular product. After the heading Manufacturers the following phrase should be 196 AIA Document A201™ – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 17:32:46 on 05/23/2018 under Order No.0592519708 which expires on 09/21/2018, and is not for resale. User Notes: (1834570617) 45 210431v1 added “Subject to compliance with requirements, provide products by one of the following or equals approved prior to bid as stipulated in ‘Instructions to Bidders’”. § 18.6 Contractor agrees to comply with all applicable federal, state, and local laws and statures, rules and regulations, codes, ordinances, etc. 197 AIA® Document A133TM – 2019 Standard Form of Agreement Between Owner and Construction Manager at Risk where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. 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. AGREEMENT made as of the « » day of «June_ in the year «Two Thousand Twenty» (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) «City of Plymouth » 3400 Plymouth Blvd Plymouth, MN 55447-1482 and the Construction Manager At Risk (CMAR): (Name, legal status, address, and other information) «RJM Construction, LLC »« » «830 Boone Avenue N. Golden Valley, MN 55427 » for the following Project: (Name, location, and detailed description) «City of Plymouth Fire Station #2 12000 Old Rockford Rd Plymouth, MN 55441» «City of Plymouth Fire Station #3 3300 Dunkirk Ln N Plymouth, MN 55447 » The Architect: (Name, legal status, address, and other information) CNH Architects 7300 147th St W # 504 Apple Valley, MN 55124 The Owner and Construction Manager agree as follows. 198 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) « » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) « » § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) « » 199 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 3 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: « » .2 Construction commencement date: «May 1, 2021 » .3 Substantial Completion date or dates: «November 30, 2022 » .4 Other milestone dates: « » § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: (Identify any requirements for fast-track scheduling or phased construction.) « » § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234– 2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234– 2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) « » § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) « » « » § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) « » § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: 200 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 4 « »« » « » « » « » « » .2 Civil Engineer: « »« » « » « » « » « » .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) « » § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) «Quinn Hutson » «CNH Architects 7300 147th St W # 504 Apple Valley, MN 55124» § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) «Brad Barickman RJM Construction, LLC » «830 Boone Avenue North Golden Valley, MN 55427 » « » § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) « » § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) « » § 1.1.15 Other Initial Information on which this Agreement is based: « » § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. 201 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 5 § 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the other party, if reasonably possible. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner to furnish efficient construction administration, management services, and supervision; to ensure that the prime contractors and their subcontractors and suppliers provide an adequate supply of workers, equipment and materials. The Construction Manager shall manage the prime contractors to perform the Work in an expeditious and economical manner consistent with the Owner’s interest.. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201™–2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term “Contractor” as used in A201–2017 shall mean the Construction Manager. Notwithstanding any language to the contrary in this Agreement or in AIA A201 General Conditions, as modified by the Owner, the Construction Manager shall not perform any of the Work with its own forces or with affiliated entities. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term “Contractor” as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. 202 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 6 § 3.1.2 Deleted in its entirety. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. Subject to written disclaimer or qualification from the Owner as to accuracy, the Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. 203 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 7 § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. All contracts for the Work shall be publicly bid in accordance with Minnesota Statutes, Section 471.345 and awarded by the Owner. The term “Subcontractors” used in this Agreement and in A201-2017 General Conditions shall mean the prime contractors that have bid for and been awarded contracts by the Owner, subject to assignment by Owner to Construction Manager. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project in a manner consistent with the requirements for competitive bidding under Minn. Stat. § 471.345. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) « » § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager, the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, and the Construction Manager’s Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and 204 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 8 reasonably inferable therefrom. Such further development does not include changes in scope, systems, kinds and quality of materials, finishes, or equipment, all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager. Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Construction Manager that are legally enacted, whether or not yet effective, at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201–2017, the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner’s execution of the Guaranteed Maximum Price Amendment or, prior to acceptance of the Guaranteed Maximum Price proposal, by written agreement of the parties, and upon receipt of the Building Permit for the Project.. The written agreement shall set forth a description of the Work to be performed by the Construction Manager, and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. 205 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 9 § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201–2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 Intentionally Deleted. § 4.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law and as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above 206 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 10 and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner, when such services are requested, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner’s Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project. The Owner’s representative shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. Except as otherwise provided in Section 4.2.1 of A201–2017, the Architect does not have such authority. The term “Owner” means the Owner or the Owner’s authorized representative. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 4.3 Architect The Owner shall retain an Architect to provide services, duties and responsibilities as described in AIA Document B133™–2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect, and any further modifications to the Architect’s scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) «» § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « » Individual or Position Rate § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. 207 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 11 § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within «twelve» («12» ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services shall be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager’s invoice. Amounts unpaid «sixty» ( «60 » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) At the legal rate prevailing. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee. § 6.1.2 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) « The Construction Manager’s Fee shall be « one and a half » percent («1.50 » %) of the Cost of the Work. The Construction Manager’s Fee shall be invoiced as a stipulated sum based on the Guaranteed Maximum Price as stated in the Guaranteed Maximum Price Amendment. » § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: « For changes in the Work, the Construction Manager’s Fee shall be «three » percent ( « 3 » %) of the increases in the Cost of the Work. There shall be no decrease in the Construction Manager’s fee for deductive change orders. » § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: « » § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed « » percent ( « » %) of the standard rental rate paid at the place of the Project. . [If Applicable: Include a schedule of equipment with agreed-upon charges on an hourly, daily, and/or monthly basis - schedule should also include a standard amount or mark-up for minor repairs, fuel oil, and grease] § 6.1.6 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) « » § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum.) « » § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. In addition to Construction Manager’s Fee, General Conditions and Contingency, the Guaranteed Maximum Price will be determined based upon public bids in accordance with Minn. Stat. § 471.345 for prime contracts, which awarded bids will be assigned to Construction Manager for administration pursuant to subcontract agreements to be entered into between Construction Manager and the awarded bidder, as well as the General Conditions 208 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 12 of the Contract for Construction, A201-2017 as modified. Construction Manager will not self-perform any work under this Agreement. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. If the actual Cost of the Work and the Construction Manager’s Fee total less than the Guaranteed Maximum Price, as may be adjusted by Changes to the Work, then the savings will be divided as follows: «seventy-five » percent («75» %)] to the Owner; «twenty-five» percent («25» %)] to the Construction Manager. » § 6.3 Changes in the Work § 6.3.1 The Owner may, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions. The Owner shall issue such changes in writing. The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201–2017, General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201–2017, as they refer to “cost” and “fee,” and not by Articles 6 and 7 of this Agreement. Adjustments to subcontracts awarded with the Owner’s prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price, the terms “cost” and “costs” as used in Article 7 of AIA Document A201–2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term “fee” shall mean the Construction Manager’s Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager’s Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager, the Construction Manager’s Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work, and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where, pursuant to the Contract Documents, any cost is subject to the Owner’s prior approval, the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project, except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. § 7.2.2 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site and performing Work, with the Owner’s prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when performing Work and stationed at a location other than the site, but only for that portion of time required for the Work, and limited to the personnel and activities listed below: 209 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 13 (Identify the personnel, type of activity and, if applicable, any agreed upon percentage of time to be devoted to the Work.) «Reimbursement rates per hours of service: • Superintendent $114.90/hour • General Foreman $114.90/hour • Assistant Superintendent $98.90/hour • Carpenter Foreman $86.90/hour • Lead Carpenter $84.90/hour • Journeyman Carpenter $83.90/hour • Laborer Foreman $80.90/hour • General Laborer $76.90/hour • Apprentices are 75% of a Carpenter and Laborer • Operator $106.90/hour • Trucking $77.90/hour Rates shall be subject to May 1 annual revisions to the Bargaining Laboring Agreements. Reimbursement rates per hours of service wherever employed in connection with the work as follows: • Project Principal/Chief Estimator $169.40/hour • Sr. Project Manager $132.40/hour • Project Manager $117.40/hour • Scheduler/BIM $97.40/hour • Risk Management $169.40/hour • MEP Director $132.40/hour • Project Engineer $85.40/hour • Estimator $117.40/hour • Project Administration $56.40/hour • General Superintendent $122.90/hour • General Foreman $114.90/hour • Field Superintendent $114.90/hour • Safety Director $122.90/hour • Quality Control Director $122.90/hour » § 7.2.3 Wages and salaries of the Construction Manager’s supervisory or administrative personnel engaged at factories, workshops or while traveling, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs, in lieu of actual costs, are provided in this Agreement, the rates shall remain unchanged throughout the duration of this Agreement, unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. Owner payment obligations to CMAR, and the CMAR payment obligations to subcontractors shall be governed by the Municipal Prompt Payment Act, Minn. Stat. § 471.425, specifically including the requirement that the CMAR pay subcontractors within ten (10) days of receipt of payment from the Owner. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs, including transportation and storage at the site, of materials and equipment incorporated, or to be incorporated, in the completed construction. 210 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 14 § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Construction Manager. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation, storage, installation, dismantling, maintenance, and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment, and tools, that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site, and the costs of transportation, installation, dismantling, minor repairs, and removal of such temporary facilities, machinery, equipment, and hand tools. Rates and quantities of equipment owned by the Construction Manager, or a related party as defined in Section 7.8, shall be subject to the Owner’s prior approval. The total rental cost of any such equipment may not exceed the purchase price of any comparable item. [If applicable: attach a schedule of equipment and associated charges] § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager’s site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval. § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner’s prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager, with the Owner’s prior approval. § 7.6.2 Sales, use, or similar taxes, imposed by a governmental authority, that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents; except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201–2017 or by other provisions of the Contract Documents, and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents, payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims, and payments of settlements made with the Owner’s consent, unless the Construction Manager had reason to believe that the required design, process, or product was an infringement of a copyright or a patent, and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 211 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 15 3 of AIA Document A201–2017. The costs of legal defenses, judgments, and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager’s Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services, electronic equipment, and software, directly related to the Work and located at the site, with the Owner’s prior approval. § 7.6.7 Costs of document reproductions and delivery charges. The Electronic Documentation cost rate is « $1.50 » per $1000 of revenue. § 7.6.8 Deposits lost for causes other than the Construction Manager’s negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Intentionally deleted. § 7.6.10 Expenses incurred in accordance with the Construction Manager’s standard written personnel policy for relocation and temporary living allowances of the Construction Manager’s personnel required for the Work, with the Owner’s prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work, with the Owner’s prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201–2017. § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors, or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of, or failure to fulfill a specific responsibility by, the Construction Manager, and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance, sureties, Subcontractors, suppliers, or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work, notwithstanding any provision of AIA Document A201–2017 or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8, the term “related party” shall mean (1) a parent, subsidiary, affiliate, or other entity having common ownership of, or sharing common management with, the Construction Manager; (2) any entity in which any stockholder in, or management employee of, the Construction Manager holds an equity interest in excess of ten percent in the aggregate; (3) any entity which has the right to control the business or affairs of the Construction Manager; or (4) any person, or any member of the immediate family of any person, who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing, then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods, or service, from the related party, as a Subcontractor, according to the terms of Article 9. If the Owner fails to authorize the transaction in writing, the Construction Manager shall procure the Work, equipment, goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: 212 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 16 .1 Salaries and other compensation of the Construction Manager’s personnel stationed at the Construction Manager’s principal office or offices other than the site office, except as specifically provided in Section 7.2, or as may be provided in Article 14; .2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments, paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor, unless the Owner has provided prior approval; .3 Expenses of the Construction Manager’s principal office and offices other than the site office; .4 Overhead and general expenses, except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager’s capital expenses, including interest on the Construction Manager’s capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement, costs due to the negligence of, or failure to fulfill a specific responsibility of the Contract by, the Construction Manager, Subcontractors, and suppliers, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded;.9 Costs for services incurred during the Preconstruction Phase; .10 Legal, mediation or arbitration costs, however incurred. .11 Amounts the Contract Documents specifically require the CMAR to pay, including deductible amounts payable by the CMAR under any policy of insurance the CMAR is required to provide, except that the deductible amount for such insurance policy, up to a maximum of $5,000, will be considered a reimbursable Project Cost, however will not be cause for an increase to the Guaranteed Maximum Price. .12 Costs resulting from theft or vandalism or items that are not part of the Work. .13 Drug testing for new hires or current employees, incentive or bonus programs (including safety), accounting and EEO and targeted business compliance staff, safety training, or seminars. .14 Off-site file storage. .15 Management of warranty work. .16 Costs of premiums for subcontractor payment and performance bonds shall be reimbursable as mutually agreed to by the Owner and Construction. This will be based on the CMAR’s risk assessment of the scope of work for each subcontractor; .17 Any overtime premium or shift differential expense to be incurred by CMAR for hourly workers shall require Owner’s advance written approval before the incremental cost of the overtime premium or shift differential will be considered a reimbursable cost. If the CMAR is required to work overtime as a result of an inexcusable delay or other coordination problems caused by the CMAR or anyone the CMAR is responsible for, the overtime premium and/or shift differential expense portion of the payroll expense and related labor burden costs will be considered as cost not to be reimbursed. .18 Charges for mobile telephone including air time and data charges will not be reimbursed. .19 Costs for vacation, holiday, sick, and training time for CMAR’s supervisory staff. .20 Costs for correction of work damaged or nonconforming work ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 The Work shall be performed under contracts assigned to the CMAR by the Owner on the basis of the bids awarded by the Owner pursuant to the public bid opening 213 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 17 § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement, and shall not be awarded on the basis of cost plus a fee without the Owner’s prior written approval. If a subcontract is awarded on the basis of cost plus a fee, the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work, and exercise such controls, as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. Without limiting the preceding sentence, the detailed records must include a record of all sales taxes paid by subcontractors for materials and supplies used in and equipment incorporated into the Project, together with supporting invoices that show the date of the taxable transaction, a description of the materials, supplies, or equipment on which sales tax was paid, the amount of sales tax paid, and the state to which the taxes were paid The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Construction Manager’s records and accounts, including complete documentation supporting accounting entries, books, job cost reports, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders, vouchers, memoranda, and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager, and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum, to the Construction Manager, as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: « » § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the «1st » day of a month, the Owner shall make payment of the amount certified to the Construction Manager not later than the «last » day of the «same » month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than «thirty » ( «30 » ) days after the Architect receives the Application for Payment. Owner payment obligations to Construction Manager and Construction Manager payment obligation to the prime contractors shall be governed by the Municipal Prompt Payment Act, Minnesota Statutes, Section 471.425, specifically including subdivision 4a requiring the Construction Manager to pay subcontractors within 10-days of receipt of payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager, plus payrolls for the period covered by the present Application for Payment, less that portion of the progress payments attributable to the Construction Manager’s Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1) the various portions of the Work; (2) any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order; and (3) the Construction Manager’s Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. The schedule of values shall be used as a basis for reviewing the Construction Manager’s Applications for Payment. 214 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 18 § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values, the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed, or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment, by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201–2017 and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or, if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines, in the Architect’s professional judgment, to be reasonably justified; and .4 The Construction Manager’s Fee, computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201–2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201–2017; .5 The shortfall, if any, indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner’s auditors in such documentation; and .6 Retainage withheld pursuant to Section 11.1.8. § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) « Five percent (5%) » The Owner and the Construction Manager must comply with Minn. Stat. § 15.72 and Minn. Stat. § 337.10 regarding retainage payments. § 11.1.8.1.1 The following items are not subject to retainage: 215 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 19 (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) « » § 11.1.8.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification.) « Retainage shall be reduced to 2.5 percent (2.5%) upon substantial completion. » § 11.1.8.3 Except as set forth in this Section 11.1.8.3, upon Substantial Completion of the Work, the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage, such as upon completion of the Owner’s audit and reconciliation, upon Substantial Completion.) « » § 11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager, the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201–2017. § 11.1.10 Except with the Owner’s prior written approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors, and the percentage of retainage held on Subcontracts, and the Construction Manager shall execute subcontracts in accordance with those agreements. Upon Substantial Completion as defined by Minn. Stat. § 541.051, subd. 1(a), all retainages and other amounts due to CMAR shall be paid to CMAR in full less one hundred fifty percent (150%) of the reasonable estimated costs of any incomplete Work and unsettled Claims. Such withheld amount shall be paid to CMAR monthly as such incomplete Work is completed and Claims are settled in accordance with Minnesota law. § 11.1.12 In taking action on the Construction Manager’s Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager, and such action shall not be deemed to be a representation that (1) the Architect has made a detailed examination, audit, or arithmetic verification, of the documentation submitted in accordance with Section 11.1.4 or other supporting data; (2) that the Architect has made exhaustive or continuous on-site inspections; or (3) that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits, and verifications, if required by the Owner, will be performed by the Owner’s auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract, except for the Construction Manager’s responsibility to correct Work as provided in Article 12 of AIA Document A201–2017, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment; and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner’s receipt of the Construction Manager’s final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. 216 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 20 § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work, the Owner shall, within 10 days after completion of the audit, submit a written report based upon the auditors’ findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1, or receipt of notice that the Owner will not conduct an audit, and provided that the other conditions of Section 11.2.1 have been met, the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect’s reasons for withholding a certificate as provided in Article 9 of AIA Document A201–2017. The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201–2017. The Architect is not responsible for verifying the accuracy of the Construction Manager’s final accounting. § 11.2.2.3 If the Owner’s auditors’ report concludes that the Cost of the Work, as substantiated by the Construction Manager’s final accounting, is less than claimed by the Construction Manager, the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201–2017. A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager’s receipt of a copy of the Architect’s final Certificate for Payment. Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner’s auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect’s final Certificate for Payment. § 11.2.3 The Owner’s final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect’s final Certificate for Payment, or as follows: « » § 11.2.4 If, subsequent to final payment, and at the Owner’s request, the Construction Manager incurs costs, described in Sections 7.1 through 7.7, and not excluded by Section 7.9, to correct defective or nonconforming Work, the Owner shall reimburse the Construction Manager for such costs, and the Construction Manager’s Fee applicable thereto, on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7, the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) « » % « » ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201–2017. However, for Claims arising from or relating to the Construction Manager’s Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution, and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201–2017 for Claims arising from or relating to the Construction Manager’s Construction Phase services, unless the parties appoint below another individual, not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) « » « » « » « » 217 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 21 § 12.2 Binding Dispute Resolution For any Claim subject to, but not resolved by mediation pursuant to Article 15 of AIA Document A201–2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) [ « » ] Arbitration pursuant to Article 15 of AIA Document A201–2017 [ « X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) « » If the Owner and Construction Manager do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1, the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, in accordance with the terms of this Agreement. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment, the Owner may terminate this Agreement upon not less than seven days’ written notice to the Construction Manager for the Owner’s convenience and without cause, and the Construction Manager may terminate this Agreement, upon not less than seven days’ written notice to the Owner, for the reasons set forth in Article 14 of A201–2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination. In no event shall the Construction Manager’s compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment, the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’s Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. All Subcontracts, purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. 218 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 22 § 13.1.6.1 If the Owner accepts assignment of subcontracts, purchase orders or rental agreements as described above, the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract, purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract, purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager will terminate the subcontract, purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201–2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201–2017, the amount, if any, to be paid to the Construction Manager under Article 14 of AIA Document A201–2017 shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager’s Fee, computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or, if the Construction Manager’ Fee is stated as a fixed sum in that Section, an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract the costs and damages incurred, or to be incurred, by the Owner under Article 14 of AIA Document A201–2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article 13, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201–2017, then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any, payable to the Construction Manager following a termination for the Owner’s convenience.) « » § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201–2017; in such case, the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201– 2017, except that the term “profit” shall be understood to mean the Construction Manager’s Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201–2017. Where reference is made in this Agreement to a provision of AIA Document A201–2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as 219 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 23 provided in Section 14.2.2 of this Agreement, and in Section 13.2.2 of A201–2017, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 14.2.2 The Owner may, without consent of the Construction Manager, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. § 14.3 Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains, the Owner shall reimburse the Construction Manager for any additional cost. The CMAR shall at all times during the term of this Agreement keep in force the following: a. Commercial general liability insurance. b. Professional liability insurance. c. Workers’ compensation insurance as required by Minnesota Statute. d. Builder’s Risk insurance and Builder’s Risk insurance on the Direct Purchase Materials naming the City as the insured or as an additional insured. The insurance required under this section shall be subject to review and approval of the Owner, and shall provide a minimum coverage of $5 million for commercial and builder’s risk, state statutory requirements for workers’ compensation and $5 million for professional liability. The CMAR will provide the City with certificates for the above policies, with the City named as an additional insured under the commercial general liability insurance, within sixty (60) days of execution of this Agreement and on or before January 1 each year for any policies that have changed during the previous calendar year. The City shall receive timely notification if any insurance policies required under the provisions of this Agreement are no longer maintained. § 8.2 Indemnification and Insurance. To the fullest extent permitted by law, the CMAR shall indemnify and hold the Owner and the Owner’s officers and employees harmless from and against damages, losses and judgments, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts, errors, omissions, or intentional misconduct of the CMAR, its employees and its consultants in providing the services under this Agreement. For claims that are covered by the CMAR’s commercial general liability or automobile liability insurance, the CMAR shall also be required to defend the Owner and the Owner’s officers and employees from claims by third parties. The CMAR further agrees that in order to protect itself as well as the Owner, under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force the following insurance coverages and minimum policy limits : 1) Commercial general liability $5 million each occurrence; and $10 million annual aggregate 2) Automobile liability $5 million combined single limit 3) Professional liability $5 million; $10,000,000 annual aggregate 4) Workers’ compensation as required by Minnesota Statute. The CMAR shall also carry Employers’ Liability Coverage with minimum limits as follows: • $1,000,000 – Bodily Injury by Disease per employee • $1,000,000 – Bodily Injury by Disease aggregate • $1,000,000 – Bodily Injury by Accident The required coverage may be met by use of umbrella/excess insurance. The Owner shall be named as an additional insured on the general liability and any umbrella policies on a primary and noncontributory basis. 220 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 24 The insurance required under this section shall be subject to review and approval of the Owner, and shall meet statutory limits of liability for a City under Minn. Stat. § 466.04, other state statutory requirements, the value of property being insured, and the anticipated level of risk involved with the Project. The CMAR will provide the Owner with certificates for the above policies within sixty (60) days of execution of this Agreement and on or before January 1 each year, or the date upon which the policies expire each year, for any policies that have changed during the previous calendar year. The Owner shall receive timely notification if any insurance policies required under the provisions of this Agreement are no longer maintained. To the extent damages are covered by property insurance under a builder’s risk policy, the Owner and CMAR waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance. The Owner or the CMAR, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. The CMAR 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. § 14.3.1.7 Additional Insured Obligations. To the fullest extent permitted by law, the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.8 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 14.3.1. § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment, the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B, Insurance and Bonds, and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide bonds as set forth in AIA Document A133™–2019 Exhibit B, and elsewhere in the Contract Documents. § 14.4 Notice in electronic format, pursuant to Article 1 of AIA Document A201–2017, may be given in accordance with AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AIA Document E203–2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) « » § 14.5 Other provisions: « » ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: 221 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 25 .1 AIA Document A133™–2019, Standard Form of Agreement Between Owner and Construction Manager at Risk where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, as amended. .2 AIA Document A133™-2019, Exhibit A, Guaranteed Maximum Price Amendment, as amended, if executed .3 AIA Document A133™–2019, Exhibit B, Insurance and Bonds, as amended .4 AIA Document A201™–2017, General Conditions of the Contract for Construction, as amended .5 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Agreement.) « » .6 Other Exhibits: (Check all boxes that apply.) [ « » ] AIA Document E234™–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, dated as indicated below: (Insert the date of the E234-2019 incorporated into this Agreement.) « » [ « » ] Supplementary and other Conditions of the Contract: Document Title Date Pages .7 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201–2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Construction Manager’s bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) « » § 15.3 Other provisions: § 15.3.1 The Contractor shall comply with the requirements of Minn. Stat. § 471.425, subd. 4a, Prompt Payment to Contractor, which is incorporated herein by this reference. § 15.3.2 Disclosure of Information. All information, files, records, memoranda and other data of the Owner which the Owner provides to the CMAR of which the CMAR becomes aware of in the performance of its duties hereunder (“Owner Information”) shall be deemed by the parties to be the property of the Owner. The Owner may authorize the CMAR to disclose the Owner Information to third parties in connection with the performance of its duties hereunder if the data is classified as public, or is otherwise authorized, under the Minnesota Government Data Practices Act. § 15.3.3 Non-Discrimination. During the performance of this Agreement, the CMAR shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, familial status, sexual orientation, status with regard to public assistance, disability or age. The CMAR shall post, in places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause and stating that all qualified applicants will receive consideration for employment. The CMAR shall incorporate the foregoing requirements of this section in all of its subcontracts and will require all of its subcontractors to incorporate’ such requirements in all subcontracts. § 15.3.4 Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 222 AIA Document A133™ – 2019. Copyright © 1991, 2003, 2009, and 2019 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:19:06 ET on 02/24/2020 under Order No.6898725545 which expires on 08/08/2020, and is not for resale. User Notes: (959525200) 26 This Agreement is entered into as of the day and year first written above. OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » « »« » (Printed name and title) (Printed name and title) 223 CITY OF PLYMOUTH RESOLUTION NO. 2020-178 RESOLUTION AUTHORIZING CONSTRUCTION MANAGER CONTRACTS PLYMOUTH CREEK CENTER RENOVATION AND EXPANSION AND PLYMOUTH FIRE STATION 2 AND 3 WITH CONSTRUCTION FIRM RJM (PROJECT # PC 180011 & FM-210014.001 & FM-210014.002) WHEREAS, the City is planning a renovation and expansion to the Plymouth Creek Center, construction of Fire Station 2, and renovation and expansion at Fire Station 3; and WHEREAS, the city desires to engage a construction manager to oversee the projects; and WHEREAS, a request for proposal was sent to construction firms that have expertise to deliver the project; and WHEREAS, proposals were received and evaluated by the City Council and city staff; and WHEREAS, City Council hereby designates RJM to be the construction manager at risk architectural firm for this project. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH,MINNESOTA that the Mayor and City Manager are authorized and directed to enter into agreement with RJM Construction for the construction management services for the Plymouth Creek Center Renovation and Expansion project (PC- 180001) at an estimated cost of $2,783,203 and the Plymouth Fire Station 2 and 3 (FM-210014.004 and FM- 210014.002) at an estimated cost of $1,341,172.. APPROVED by the City Council on this 9 th day of June, 2020. 224 Regular City Council June 9, 2020 Agenda Number:8.2 To:Dave Callister, City Manager Prepared by:Amy Hanson, Fleet and Facilities Manager Reviewed by:Michael Thompson, Public Works Director Item:Update on Fire Station 2 Construction Project 1. Action Requested: Council will receive an update on the progress and design plans for construction of Fire Station 2. 2. Background: The Construction and Expansion Project for Fire Stations 2 and 3 began in January 2019 with the feasibility study. The results were presented to the Council on June 25, 2019. Based on the study and other operational deficiencies with the stations, Council directed staff to begin architectural and design development. In February 2020, Council selected and approved CNH Architects as the consultant to develop schematic design and provide construction services for both fire stations. This update focuses on Fire Station 2, however staff will provide an update on Fire Station 3 in August 2020. Milestones: January 2019 - Started feasibility study for fire stations June 25, 2019 - Presented feasibility study to Council November 2019 - Start of RFQ and RFP for architectural firm February 18, 2020 - Approval and selection of CNH Architect for design and construction services At the meeting, Council will have an opportunity to review the site plan, exterior images, and sustainability goals for Fire Station 2. Staff and consultants will continue to update Council throughout the duration of the project for Fire Stations 2 and 3. Additional keys dates are: August 25 - Update on Fire Station 3 September 22 - Update on Fire Station 2 October 13 - Update on Fire Station 3 October 21 - Planning Commission Fire Station 2 November 10 - Update to Council Fire Station 2 and 3 November 18 - Planning Commission Fire Station 3 December 8 - Council update and Request to Bid 3. Budget Impact: 225 N/A 4. Attachments: Power Point Presentation Schematic Site Plan Exterior Perspectives Schematic First Floor Plan Schematic Second Floor Plan 226 Fire Station 2 Update City Council Meeting June 9th, 2020 227 Introduction •Building Committee •Dave Dreelan – Deputy Fire Chief •Tom Evenson – Battalion Fire Chief •Amy Hanson – Facilities Manager •Quinn Hutson – CNH Architects •Brooke Jacobson – CNH Architects •Approach to Design •Developing plans on Fire 2 to allow us to incorporate similar concepts to Fire 3 228 Project Design Goals and Highlights •Program Highlights •Training Facility •Emergency Operation Center •Firefighter Health Focus •Toxin reduction •Hot-Cold Zoning •Startle Reponses Reduction •Sustainability Efforts (Demonstrated Approach) •High Efficiency Mechanical Elements •LED Lighting •Low flow water fixtures in Public areas •Daylight and daylight harvesting •Indoor Air Quality •Low or no VOC adhesives 229 Schematic Design Update •Site Plan •Site Elements •General Flow and zones with in the fire stations •Review fire and public access •Site design (landscape, views, and wetlands) •First Floor Plan •Second Floor Plan •Exterior Image Concepts 230 Questions 231 Comm. No.: Date: Plymouth Fire Station #2 -Schematic Site Plan 19112 06/04/20 232 Southwest Perspective Northwest Perspective Comm. No.: Date: Plymouth Fire Station #2 -Exterior Perspectives 19112 06/04/20 233 Comm. No.: Date: Plymouth Fire Station #2 -Schematic First Floor Plan 19112 06/04/20 Apparatus Bay General Support Support Residential Hot Zone Cold Zone Hot Zone Cold Zone Firefighter Entrance 234 Comm. No.: Date: Plymouth Fire Station #2 -Schematic Second Floor Plan 19112 06/04/20 Apparatus Bay Station Offices Admin Offices Skill Training Hot Zone Cold Zone Hot Zone Cold Zone Command Vehicles EOC/ Classroom Training Public Entrance (Below) 235 Regular City Council June 9, 2020 Agenda Number:8.3 To:Dave Callister, City Manager Prepared by:Kip Berglund, Senior Planner Reviewed by:Steve Juetten, Community Development Director Item:Consider request to approve text amendments to the I-1, I-2 and I-3 zoning districts (Hops Craft Brewing Company, LLC - 2020018 - Ord2020-07, Res2020-179, Res2020-180) 1. Action Requested: Adopt attached ordinance approving the following zoning ordinance text amendments to allow the following commercial use by conditional use permit in the I-1, Light Industrial District, I-2, General Industrial District and I-3, Heavy Industrial District: A commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation, resolution approving findings of fact, and resolution approving summary publication of said ordinance (as recommended by the Planning Commission). Approval of the ordinance and resolution approving findings of fact require 4/7 vote of the Council and approval of the resolution approving summary publication requires a 6/7 vote. 2. Background: On May 20, the Planning Commission conducted a public meeting on this matter and subsequently voted unanimously to recommend approval of the text amendments. Other than the applicant, no one else submitted correspondence or requested to speak on this item. Commissioners discussed the proposal and asked for clarification on the associated commercial use component. Staff responded that the associated commercial use would be required to have a floor area less than the combined brewery and accessory taproom floor area and that any proposed commercial use would be reviewed through the conditional use permit application process. Commissioners also questioned if the intent would be for the commercial use to cease operations if the taproom ceases operations, but not the brewery. The applicant stated that the two components of brewery and taproom would not be separable and he could not see a scenario where a brewery would exist without the taproom. Staff responded that this is typically the case with the smaller local breweries and taprooms. A copy of the Planning Commission meeting minutes and report is attached. In addition, the PowerPoint presentation related to the application, used during the meeting is attached. Notice of the public hearing was published in the City’s official newspaper. 236 3. Budget Impact: N/A 4. Planning Review Deadline: * July 14, 2020 5. Attachments: Planning Commission Power Point Presentation Planning Commission Report Planning Commission Minutes Narrative City Council Ordinance 2020-07 City Council Resolution 2020-179 City Council Resolution 2020-180 237 Request for zoning ordinance text amendment (ZOTA) in the I-1, I-2 and I-3 zoning districts application “HOPS CRAFT BREWING COMPANY, LLC” 238 PROPOSAL The applicant has proposed zoning ordinance text amendments to allow the following commercial use by conditional use permit in the I-1, Light Industrial District, I-2, General Industrial District and I-3, Heavy Industrial District: A commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. 239 Breweries with or without accessory taprooms and Retail activity Breweries with or without accessory taprooms are a permitted use within the industrial zoning districts (2014) Currently, the City of Plymouth does not have any breweries or taprooms Zoning ordinance limits retail activity in the industrial zoning districts I.Up to 10 percent of the gross floor area of its associated principal use, to a maximum of 5,000 square feet, as a permitted use; II.If the retail use is in excess of 10 percent of the gross floor area of the associated principal use, such use may be allowed by conditional use permit if it is limited to no more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. Associated commercial activities operating in conjunction with breweries and accessory taprooms (i.e. bike or running shops, arcades, escape rooms, bowling alleys, etc.) are typically named permitted uses within the commercial zoning districts. 240 Applicant’s support Promotes economic health through redevelopment of currently unused space; Responds to the emerging trends and changing needs of its residents and businesses; Meets the needs of all age groups within the city, with a focus on young people and the aging population; and Enhances and strengthens the sense of community. 241 Staff Findings The industrial zoning districts currently allows breweries with or without an accessory taproom as a permitted use and limited accessory retail. Breweries and associated taprooms businesses often operate in conjunction with associated commercial uses. Appropriate measures/conditions would be put in place with the associated commercial use through the conditional use permit process, including ensuring parking regulations are met and requiring termination of the commercial use in the event the brewery and accessory taproom cease operation. There is adequate infrastructure available to serve the proposed use. 242 Agenda Number File 2020018 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO:Plymouth Planning Commission FROM:Kip Berglund, Senior Planner (509-5453) through Barbara Thomson, Planning Manager MEETING DATE:May 20, 2020 APPLICANT:Hops Craft Brewing Company, LLC PROPOSAL:Text amendments to the I-1, I-2 and I-3 zoning districts REVIEW DEADLINE:July 14, 2020 DESCRIPTION OF REQUEST: The applicant has proposed zoning ordinance text amendments to allow the following commercial use by conditional use permit in the I-1, Light Industrial District, I-2, General Industrial District and I-3, Heavy Industrial District: A commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Notice of the public hearing was published in the city’s official newspaper. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a high level of discretion in approving amendments to the zoning ordinance. Amendments to the zoning ordinance must be consistent with the City’s comprehensive plan and compatible with other policies, uses and provisions of the zoning ordinance. 243 2020018 Page 2 ANALYSIS OF REQUEST: The applicant has proposed zoning ordinance text amendments to allow the following commercial use by conditional use permit in the I-1, Light Industrial District, I-2, General Industrial District and I-3, Heavy Industrial District: A commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. This change would allow the Hops Brewing Company and an associated bike shop to locate in a building in the I-2 zoning district by approval of a conditional use permit. The applicant states that the new use would be known as Luce Line Brewing Company and be a bicycle-themed brewery focused on providing a community gathering spot. The applicant states that a commercial use operated in conjunction with a brewery and accessory taproom reinforces the vision of the Comprehensive Plan and is consistent with its policies and provisions. The applicant also states the request would meet the purpose and intent of the ordinance in the following ways: Promotes economic health through redevelopment of currently unused space; Responds to the emerging trends and changing needs of its residents and businesses; Meets the needs of all age groups within the city, with a focus on young people and the aging population; and Enhances and strengthens the sense of community. Proposed Text Amendments: In 2013, staff was directed by the City Council to research and provide information related to breweries and taprooms. At the time, taprooms, breweries, and brew pub businesses were establishing in other communities in the area and Plymouth did not address those types of uses in the city code. In 2014, the City Council approved amendments to the definition section of the ordinance to include brewpub restaurants and to establish zoning districts in which breweries, with or without an accessory taproom could be located. At this time, the City of Plymouth does not have any breweries or taprooms. Breweries with or without an accessory taproom are listed as a permitted use within the industrial zoning districts. However, the zoning ordinance limits retail activity in these districts. It is limited to up to 10 percent of the gross floor area of its associated principal use, to a maximum of 5,000 square feet, as a permitted use. If the retail use is in excess of 10 percent of the gross floor area of the associated principal use, such use may be allowed by conditional use permit if it is limited to no more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. In addition, the associated commercial activities operating in conjunction with breweries and accessory taprooms (i.e. bike or running shops, arcades, escape rooms, bowling alleys, etc.) are typically named permitted uses within the commercial zoning districts. Therefore, the applicant is requesting the text amendment to allow 244 2020018 Page 3 commercial uses operating in conjunction with a brewery and accessory taproom through a conditional use permit in order to establish reasonable conditions for approval. The proposed text amendment for each district is as follows: I-1 zoning district: 21560.07. Conditional Uses: Subd. 7.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. I-2 zoning district: 21565.07. Conditional Uses: Subd. 8.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. I-3 zoning district: 21570.09. Conditional Uses: Subd. 8.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. When considering a text amendment to the zoning ordinance, the Planning Commission must determine whether or not the proposed use would: 1) be compatible with other permitted and conditional uses of the district; 2) be consistent with the purpose and intent of the district; and 3) have adequate infrastructure. Staff finds the following with respect to the proposed use: The industrial zoning districts currently allows breweries with or without an accessory taproom as a permitted use and limited accessory retail. Breweries and associated taprooms businesses often operate in conjunction with associated commercial uses. Appropriate measures/conditions would be put in place with the associated commercial use through the conditional use permit process, including ensuring parking regulations are met and requiring termination of the commercial use in the event the brewery and accessory taproom cease operation. There is adequate infrastructure available to serve the proposed use. 245 2020018 Page 4 RECOMMENDATION: Community Development Department staff recommends approval of the text amendment related to commercial uses operating in conjunction with breweries and associated taprooms through the issuance of a conditional use permit, subject to the findings listed in the attached ordinance and resolution. If new information is brought forward at the public hearing, staff may alter or reconsider its recommendation. ATTACHMENTS: 1. Draft Ordinance of Text Amendments 2. Draft Findings of Fact for Text Amendments 3. Applicant’s Narrative 246 Proposed Minutes 1 of 4 Meeting of May 20 2020 Proposed Minutes Planning Commission Meeting May 20, 2020 Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 20, 2020. COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba, David Witte, Justin Markell, Michael Boo and Julie Jones COMMISSIONERSABSENT: STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Kip Berglund, Senior Planner Lori Sommers, Community Development Director Steve Juetten, Community Development Coordinator Matt Lupini OTHERS PRESENT: Councilmember Ned Carroll (5.02) Public hearing on zoning ordinance text amendment to allow commercial use accessory to a brewery in the I-1, I-2 and I-3 zoning districts for Hops Craft Brewing Company, LLC. (2020018) Senior Planner Berglund reviewed the staff report. Commissioner Witte asked who is making the request. Senior Planner Berglund stated that Hops Craft Brewing Company LLC made the application and would operate under the name of Luce Line Brewing. Commissioner Oakley asked staff to share a zoning map that would identify the I-1, I-2, and I-3 zoning districts within the city. He stated that there are a lot of different areas with that zoning and he wanted to have a visual of the potential impacts of the change. He asked if it is necessary to take action on this request prior to considering the next item on the agenda, or whether the details of the next item could be shared prior to the commission making a decision. Senior Planner Berglund recommended that this action occur prior to the conditional use permit request. Chair Anderson stated it is his understanding that the applicant came forward with the desire for a brewery and taproom at this location, and it was the determination of staff that a text zoning amendment would be needed; therefore, the commission would need to approve this action prior to consideration of the next request. Senior Planner Berglund replied that a brewery and taproom would be a permitted use, but because of the associated commercial use (bike shop), staff determined that a text amendment 247 Proposed Minutes 2 of 4 Meeting of May 20 2020 would be needed. He confirmed that the text amendment would be needed to allow the multiple uses proposed. Commissioner Witte asked if the City has considered the state statutes governing this type of activity. He asked if state law would allow the business to operate a brewery, taproom, and bike shop within the same premises. He stated that grocers have to have separate entrances and parts of their building for food and liquor sales. Senior Planner Berglund explained that the applicant would need to go through the state process to obtain the necessary licensing. Chair Anderson provided details on the changes that were enacted through what is known as the Surly law. Senior Planner Berglund stated that the bike shop would be an associated use, but was unsure that the bike shop would be included as a component of the liquor license. Commissioner Boo stated that he understands the existing zoning would allow the taproom and brewery uses to exist, and the consideration is whether a commercial use could also consume the space available under the taproom use within the conditional use permit. He stated that as proposed, 80 percent of the space could be used for a bike shop with the remaining space allocated for a taproom. He stated that this seems to allow for any commercial use to use the majority of the space as long as there is a taproom component. Senior Planner Berglund replied that as proposed, the commercial use would have to have a lesser square footage than the combined brewery and taproom area. He stated that would protect against the scenario Commissioner Boo provided. Planning Manager Thomson stated that the main idea is the commercial use would be an accessory use to the brewery and taproom, not the principle use. Commissioner Markell asked for clarification on the last clause within the proposed amendment. Senior Planner Berglund stated that the commercial uses would normally fall under the commercial zoning district, and therefore if the brewery/taproom goes away, the commercial use would need to go as well. He stated that if the taproom left but the brewery remained, the commercial use could remain as well. Chair Anderson stated that typically a bike shop would be found in a retail location rather than an industrial location, and therefore if the taproom and brewery are no longer in operation, the retail component would not be allowed to remain. Commissioner Markell asked if the retail component should go away if the taproom goes away, rather than allowing the retail component to remain with only the brewery element. Senior Planner Berglund confirmed that language could be amended as desired. 248 Proposed Minutes 3 of 4 Meeting of May 20 2020 Chair Anderson stated that in his opinion the brewery and taproom would not be separated as the brewery would not work without the taproom. Chair Anderson introduced Tim Naumann, the applicant, who stated that the two components of brewery and taproom would not be separable. He stated that he could not see a scenario where a brewery would exist without the taproom. He stated that the reason for the change is to facilitate the opportunity for a brewery to create a theme or concept around the brewery and taproom. He stated that they chose a bicycle/fitness theme. He stated that this concept is occurring across the industry to create a uniqueness for breweries. Chair Anderson commented that he has seen many breweries attempt to bring in certain clientele and believed that this concept would be appropriate in attempting to cater to biking and walking in the area. Chair Anderson opened the public hearing and closed the public hearing as there was no one who wished to speak on this item. Commissioner Boo stated it is his understanding that the commercial use would never exceed 50 percent of the space. He stated that the commercial use would be a conditional use and therefore, it is his understanding that if the bike tenant went away, the applicant would need to come back to the Cty if they wanted to add a different commercial use in the future. Senior Planner Berglund stated that the brewery and taproom is a permitted use. He explained that the conditional use permit would be required for the commercial/retail use. He confirmed that any changes once adopted would need to come back before the City for consideration. He stated that the commercial use would have a lesser floor area than the combined brewery and taproom, but was unsure that translated to 50 percent. Commissioner Boo stated that perhaps the language could be clarified to make it clear that the total commercial space would never exceed the floor area for the combined brewery and taproom areas. Commissioner Markell stated that he has heard the terms commercial and retail and asked for clarification as to the proposed amendment. Senior Planner Berglund confirmed that the amendment uses the term commercial. Commissioner Witte asked if the conditional use permit would be specific to the bike shop itself or the bike use. Senior Planner Berglund stated that if a new bike shop came in and did not request to expand the current use, staff would not believe that a new conditional use permit would be necessary. He clarified that the conditional use permit is for the use, not the specific business. Commissioner Witte stated that it appears this amendment was drafted narrowly for this applicant and asked if the City should step back to view the topic more broadly. 249 Proposed Minutes 4 of 4 Meeting of May 20 2020 Senior Planner Berglund stated that the intent of the amendment is to be general. He explained that this would allow a permitted use within the industrial district to have a commercial component. Commissioner Jones commented that she believes the amendment is fine as written. She stated that the concern with commercial uses within the industrial zone would be parking, but noted that the conditional use permit would allow the City to ensure that component is provided for. Motion was made by Commissioner Oakley, and seconded by Commissioner Witte, to recommend approval of a zoning ordinance text amendment to allow commercial use accessory to a brewery in the I-1, I-2, and I-3 zoning districts. With Oakley, Saba, Witte, Markell, Boo, Jones and Anderson voting in favor, the motion carried. 250 APPENDIX A: ZONING ORDINANCE TEXT AMENDMENT DIGITAL VERSION OF A DESCRIPTION AND CONDITIONAL USE SUPPORT Introduction Luce Line Brewing Co., LLC is a bicycle-themed brewery focused on providing a community gathering spot. Hops Craft Brewing Company, LLC, an affiliate of Luce Line Brewing, was formed to acquire and hold the real estate for Luce Line Brewing. We are contemplating establishing operations at 12901 16th Avenue North, Plymouth, MN 55441. Amendment Language In order to support the brewery’s bicycle themed business plan and secure a craft brewery in the community, the proposed Zoning ordinance text amendment to add a conditional use in the I-1, I-2 and I-3 districts is suggested: Commercial use operated in conjunction with a brewery and accessory taproom that has a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Request Reasons The reasons for the request are that it reinforces the vision of Plymouth’s Comprehensive Plan and meets the purpose and intent of the ordinance in the following ways: Promotes economic health through redevelopment of currently unused space. Responds to the emerging trends and changing needs of its residents and businesses. Meets the needs of all age groups within the city, with a focus on young people and the aging population. Enhances and strengthens the sense of community. The request is also consistent with the policies and provisions of Plymouth’s Comprehensive Plan. Adequate Available Infrastructure In discussions with Planning we developed a set of expected requirements for the brewery based on the requirements in other cities expectations of their breweries coupled with existing requirements within Plymouth. These expectations were applied to the expected circumstances of Luce Line Brewing. The summary results and explanation follow: Parking Summary Brewery and Bicycle Operation: 61 spaces Manufacturing Operation: 3 spaces Total Spaces Required: 64 spaces Spaces Available: 78 spaces (53 spaces onsite, 25 neighbor property) Parking in Excess of Requirement: 14 spaces 251 Luce Line Brewing Parking Calculation (Based on Minnetonka Micro-Brewery Requirements) Brew House 1/1000 GSF 6,000/1000=6 stalls Office 1/250 GSF 500/250=2 stalls Restrooms, Game Room, Conference Room, Tap Room, 1/150 GSF 4,500/150=30 stalls Parking Required inside: 38 stalls Plymouth Outdoor seating requirement 1/40 GSF 10’x20’=200 GSF/40=5 stalls required Estimated Parking Requirements for Luce Line Brewing: 38 stalls inside plus 5 stalls outdoor = 43 stalls required. This would leave 21 stalls available for the other users of the building. Estimated Parking for the Bicycle Operation The adjacent space which enhances the bike-theme of the brewery is a retail and service business with less than 50 percent or more of the gross floor area devoted to storage, warehouses, or industry. The description from the code and explanation of parking impact follow. Retail Commercial Uses, Except as Prescribed Herein One space for each 200 square feet of floor area for the first 100,000 square feet, plus one space for each 350 square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than 10 percent, unless authorized under Section 21135.12. 1 * (3,575/200) = 17. Required parking for this operation is 17 parking spaces. Warehousing One space for each two employees of the largest shift or one space for each 2,000 square feet of floor area, whichever is greater. 1* (2/2) = 1 or 3,425 / 2000 = 1. Required parking for this operation is 1 parking space. Together the retail and warehousing operation require 18 parking spaces. 252 Estimated Parking for the Manufacturing Operation We expect the remaining space to be taken by a light manufacturer that employs 3 people and has no company motor vehicles. The description from the code and explanation of parking impact follow. Manufacturing One space for each employee on the major shift or one space for each 350 square feet, whichever is less, plus one space for each company motor vehicle on the premises. The required parking for this operation for employees is 1*3=3. Parking for company motor vehicles are 1*0=0. Required parking for this operation is 3 stalls. The hours of brewery operations would which are typically 3pm to 11 pm weekdays and certain weekend hours do not conflict with the manufacturing operation’s expected hours of 7am to 3pm weekdays. Adequate Transition and Buffer Provided The operation is more than 200 feet from any residential property. In addition, many natural and man-made features such as wetlands, trees, ravines and the railroad tracks separate the uses, provide a natural barrier between the two uses and provides a greater separation in distance than standard zoning setback requirements. Adequate Parking The property across the street from the brewery known as Jet 55 located at 12755 State Highway 55, Plymouth MN 55441 has verbally offered to be a supportive neighbor. They are in the process of a formal response to our written request for use of 25 parking places. This involves a vote of all investors which is currently in process. Aaron Wittkamper, our Architect, has developed 6 brewery concepts along with many other hospitality projects. His experience suggests that the parking onsite with additional parking sourced from a neighbor for peak requirements as proposed will meet patron needs and efficiently uses the parking available for lease in neighboring lots. Conditional Use Request We also request that a conditional use permit be issued that provides Hops Craft Brewing Company (the Landlord) the ability to lease space to Trailhead Cyclery a bicycle shop currently located in Champlin, MN ( www.trailheadcycling.com). Doing so will secure the Luce Line Brewing Co., LLC for our community. 253 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2020-07 ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2020018) THE CITY OF PLYMOUTH ORDAINS: SECTION 1.Amendment. Section 21560.07 of the Plymouth City Code (LIGHT INDUSTRIAL DISTRICT – Conditional Uses) is amended by the following: 21560.07. CONDITIONAL USES: The following are conditional uses in the I-1 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1.Accessory retail, accessory rental, or accessory service activities in excess of 10 percent of the gross floor area of its associated principal use (other than those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. (Amended by Ord. No. 2007-05, 01/23/07) (Amended by Ord. No. 2011-05, 02/22/11) Subd. 2.Automobile repair—servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses provided that: (a) All servicing of vehicles and equipment shall occur entirely within the principal structure. (b) To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter. 254 (c) Storage and use of all flammable materials, including liquid and rags, shall conform to applicable provisions of the Minnesota State Fire Code. (d) Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks. (e) The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building. (f) The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit. Subd. 3.Buildings in excess of height limitations as specified in Section 21560.13 of this Chapter, provided that: (a) For each additional five feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 4.Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 5.Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter, as regulated by Section 21175 of this Chapter. Subd. 6.Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 7.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Subd. 8.Day care facilities, accessory, provided that the use complies with Section 21150 of this Chapter. Subd. 9.Essential services and structures requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 10.Helistops, as regulated by Section 21193 of this Chapter. Subd. 11.Limited motor vehicle sales or leasing as a principal or accessory use, provided that: (a) There shall be no outside storage or display of vehicles for sale or lease. (b) Not more than five vehicles for sale or lease shall be on the premises at any given time. 255 (c) Notwithstanding any other provision of this Chapter, signage related to motor vehicle sales or leasing shall be limited to 24 square feet. (d) No temporary signage/advertising devices (e.g., portable signage, banners, pennants, spotlights, skytrackers, inflatables, balloons) shall be allowed. Subd. 12.Outdoor service, sales or rental as an accessory use, provided that: (a) The use does not take up parking space as required for conformity to this Chapter. (b) The area is hard surfaced to control dust. Subd. 13.Outside storage as an accessory use when abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: (a) The storage area is blacktop or concrete surfaced unless specifically approved by the City Council. (b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 14.Sports and fitness clubs. Subd. 15.Truck or trailer rental operations, provided that: (a) Rental vehicles and trailers shall be parked on a paved surface that conforms to Section 21135 of this Chapter. (b) Parking, driveway, and circulation standards and requirements shall comply with Section 21135 of this Chapter. (c) There shall be no outside repair or maintenance of vehicles or trailers. (d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be allowed. (e) Rental vehicles and trailers shall not be parked or stored within a required front yard area. Subd. 16.Other uses similar to those allowed in this section, as determined by the City. (Amended by Ord. No. 2002-32, 11/26/02) (Amended by Ord. No. 2003-35, 11/25/03) (Amended by Ord. No. 2004-32, 12/14/04) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2009-15, 10/13/09) (Amended by Ord. No 2011-05, 02/22/11) (Amended by Ord. No. 2019-01, 02/12/19) 256 SECTION 2.Amendment. Section 21560.07 of the Plymouth City Code (LIGHT INDUSTRIAL DISTRICT – Conditional Uses) is amended by the following: 21565.07. CONDITIONAL USES: The following are conditional uses in the I-2 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1.Accessory retail, accessory rental, or accessory service activities in excess of 10 percent of the gross floor area of its associated principal use (other than those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. (Amended by Ord. No. 2011-05, 02/22/11) Subd. 2.Automobile repair—servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses provided that: (a) All servicing of vehicles and equipment shall occur entirely within the principal structure. (b) To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter. (c) Storage and use of all flammable materials, including liquid and rags, shall conform to applicable provisions of the Minnesota State Fire Code. (d) Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks. (e) The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building. (f) The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit. Subd. 3.Automotive towing businesses with outdoor tow yard, provided that: 257 (a) The towing business shall be located at least 500 feet from any residential property line. (b) Towed vehicles shall be parked on a paved surface that conforms to Section 21135 of this Chapter. (c) Towed vehicles shall be located in the rear or side yard, shall be screened with materials of at least 90 percent opacity, and shall screen views from adjoining properties and public streets. (d) There shall be no outside repair or maintenance of vehicles. (e) No crushing, stacking, or dismantling of vehicles shall be allowed. (f) There shall be no outside storage of parts or equipment. (g) Any leaking fluids from damaged vehicles shall be collected in the tow yard and shall be disposed of in an approved manner. (h) All tow trucks or service vehicles related to the business shall be parked within the designated tow yard. (i) Vehicles stored in the tow yard shall be parked in the designated parking stalls identified on the approved site plan for the tow yard. (j) The tow yard shall not take up parking space as required for conformity to this Chapter. (k) Impounded vehicles shall not be located in a tow yard for a period exceeding 90 days, unless a longer time frame is required by a governmental agency. (Amended by Ord. No. 2006-16, 06/27/06) Subd. 4.Buildings in excess of height limitations as specified in Section 21565.13 of this Chapter, provided that: (a) For each additional five feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 5.Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6.Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter, as regulated by Section 21175 of this Chapter. Subd. 7.Commercial recreation, indoor (e.g., bowling alleys, roller rinks). 258 Subd. 8.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Subd. 9.Day care facilities, accessory, provided that the use complies with Section 21150 of this Chapter. Subd. 10.Dog day/overnight boarding use, provided that: (a) The dog daycare/overnight boarding business is located at least 500 feet from any residential property line. (b) An eight foot high solid fence is constructed to fully enclose any outdoor play areas. (c) Dogs are kept indoors for overnight boarding. (d) A kennel license is obtained for the site, pursuant to Section 915 of the City Code. (Amended by Ord. No. 2007-11, 05/22/07) Subd. 11.Essential services and structures requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 12.Helistops, as regulated by Section 21193 of this Chapter. Subd. 13.Limited motor vehicle sales or leasing as a principal or accessory use, provided that: (a) There shall be no outside storage or display of vehicles for sale or lease. (b) Not more than five vehicles for sale or lease shall be on the premises at any given time. (c) Notwithstanding any other provision of this Chapter, signage related to motor vehicle sales or leasing shall be limited to 24 square feet. (d) No temporary signage/advertising devices (e.g., portable signage, banners, pennants, spotlights, skytrackers, inflatables, balloons) shall be allowed. Subd. 14.Outdoor service, sales or rental as an accessory use, provided that: (a) The use does not take up parking space as required for conformity to this Chapter. (b) The area is hard surfaced to control dust. Subd. 15.Outside storage as an accessory use when abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: 259 (a) The storage area is blacktop or concrete surfaced unless specifically approved by the City Council. (b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 16.Retail commercial activities, personal services and food service (cafeteria, delicatessen, coffee house) as an accessory use within a building that contains over 50 percent office use, provided that: (a) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the C-1 Zoning District. (b) The activity is located within a structure whose principal use is not commercial sales. (c) All such activities are conducted in a clearly defined area of the principal building reserved exclusively for such use. Said area must be physically segregated from other principal activities in the building. (d) The area devoted to such activity shall not occupy more than 15 percent of the gross floor area of the building. (e) Hours of operation are limited to 6:00 AM to 10:00 PM unless specifically modified by the City Council. (f) No directly or indirectly illuminated sign or sign in excess of 10 square feet identifying the name of the business shall be visible from the outside of the building. (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd. 17.Sports and fitness clubs. Subd. 18.Truck or trailer rental operations, provided that: (a) Rental vehicles and trailers shall be parked on a paved surface that conforms to Section 21135 of this Chapter. (b) Parking, driveway, and circulation standards and requirements shall comply with Section 21135 of this Chapter. (c) There shall be no outside repair or maintenance of vehicles or trailers. (d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be allowed. (e) Rental vehicles and trailers shall not be parked or stored within a required front yard area. 260 Subd. 19.Other uses similar to those allowed in this section, as determined by the City. (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2009-15, 10/13/09) (Amended by Ord. No. 2011-05, 02/22/11) (Amended by Ord. No. 2019-01, 02/12/19) SECTION 3.Amendment. Section 21560.07 of the Plymouth City Code (LIGHT INDUSTRIAL DISTRICT – Conditional Uses) is amended by the following: 21570.09. CONDITIONAL USES:The following are conditional uses in the I-3 District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1.Accessory retail, accessory rental, or accessory service activities in excess of 10 percent of the gross floor area of its associated principal use (other than those uses otherwise allowed as a permitted use or conditional use within this Section), provided that: (a) Such accessory use is allowed as a permitted use in a business district. (b) Such accessory use does not occupy more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. (c) Such accessory use is completely enclosed within a principal structure. (Amended by Ord. No. 2011-05, 02/22/11) Subd. 2.Automobile repair—servicing of motor freight vehicles and heavy construction equipment; directly related accessory materials and parts sales for such repair and servicing (not including new or used vehicle sales); and accessory materials and parts warehousing which is related to and dependent upon such uses provided that: (a) All servicing of vehicles and equipment shall occur entirely within the principal structure. (b) To the extent required by State law and regulations, painting shall be conducted in an approved paint booth, which thoroughly controls the emission of fumes, dust, or other particulate matter. (c) Storage and use of all flammable materials, including liquid and rags, shall conform to applicable provisions of the Minnesota State Fire Code. (d) Parking, driveway, and circulation standards and requirements shall be subject to the review and approval of the City and shall be based upon the specific needs of the operation and shall accommodate large vehicle equipment and semi-trailer/tractor trucks. 261 (e) The storage of damaged vehicles and vehicle parts and accessory equipment must be completely inside a principal or accessory building. (f) The sale of products other than those specifically mentioned in this Section shall be subject to a separate conditional use permit. Subd. 3.Automotive towing businesses with outdoor tow yard, provided that: (a) The towing business shall be located at least 500 feet from any residential property line. (b) Towed vehicles shall be parked on a paved surface that conforms to Section 21135 of this Chapter. (c) Towed vehicles shall be located in the rear or side yard, shall be screened with materials of at least 90 percent opacity, and shall screen views from adjoining properties and public streets. (d) There shall be no outside repair or maintenance of vehicles. (e) No crushing, stacking, or dismantling of vehicles shall be allowed. (f) There shall be no outside storage of parts or equipment. (g) Any leaking fluids from damaged vehicles shall be collected in the tow yard and shall be disposed of in an approved manner. (h) All tow trucks or service vehicles related to the business shall be parked within the designated tow yard. (i) Vehicles stored in the tow yard shall be parked in the designated parking stalls identified on the approved site plan for the tow yard. (j) The tow yard shall not take up parking space as required for conformity to this Chapter. (k) Impounded vehicles shall not be located in a tow yard for a period exceeding 90 days, unless a longer time frame is required by a governmental agency. Subd. 4.Buildings in excess of height limitations as specified in Section 21570.15 of this Chapter, provided that: (a) For each additional five feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one foot. (b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 5.Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. 262 Subd. 6.Commercial, private and public satellite dish transmitting or receiving antennas in excess of two meters in diameter, as regulated by Section 21175 of this Chapter. Subd. 7.Commercial recreation, indoor (e.g., bowling alleys, roller rinks). Subd. 8.Commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Subd. 9.Day care facilities, accessory, provided that the use complies with Section 21150 of this Chapter. Subd. 10.Essential services and structures requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 11.Helistops, as regulated by Section 21193 of this Chapter. Subd. 12.Outdoor service, sales or rental as an accessory use, provided that: (a) The use does not take up parking space as required for conformity to this Chapter. (b) The area is hard surfaced to control dust. Subd. 13.Outside storage as an accessory use when abutting any residentially zoned or used property other than vacant FRD property classified for non-residential use by the Land Use Guide Plan, provided that: (a) The storage area is blacktop or concrete surfaced unless specifically approved by the City Council. (b) The storage area does not take up parking space or loading space as required for conformity to this Chapter. (c) All requirements of Section 21105.11 of this Chapter are met. Subd. 14.Sports and fitness clubs. Subd. 15.Storage, use, or manufacturing of gasoline, crude oil, bulk fuel or similar liquid storage as a principal use, provided that: (a) A drainage system subject to the approval of the City shall be installed. (b) There be no outside storage except as allowed under the conditional use permit, provided compliance with Section 21105.11 of this Chapterwould be met. Subd. 16.Truck or trailer rental operations, provided that: 263 (a) Rental vehicles and trailers shall be parked on a paved surface that conforms to Section 21135 of this Chapter. (b) Parking, driveway, and circulation standards and requirements shall comply with Section 21135 of this Chapter. (c) There shall be no outside repair or maintenance of vehicles or trailers. (d) No outside storage of parts, equipment, or damaged vehicles or trailers shall be allowed. (e) Rental vehicles and trailers shall not be parked or stored within a required front yard area. Subd. 17.Waste facilities, provided that: (a) All applicable federal, state and/or county permits are obtained including, but not limited to: (1) The Federal Environmental Protection Agency (EPA). (2) The Minnesota Pollution Control Agency (MPCA). (3) The Minnesota Department of Natural Resources (DNR). (b) Any applicable environmental review requirements outlined in Section 21040 of this Chapter are satisfactorily met. (c) A financial guarantee in a form deemed acceptable by the City Attorney is provided to ensure the following minimum activities: (1) Completion of site improvements. (2) Emergency clean up and correction. (3) Closure and post closure activities. (d) The facility is subject to periodic monitoring as determined by the City. (e) The facility is provided a minimum of two independent emergency access escape routes, neither of which may traverse residentially zoned areas. (f) The facility is set back a minimum 1,000 feet from all storm water holding areas, natural drainage facilities and wetlands. (g) All storm water runoff is held on site prior to release into natural drainageways and the City’s storm drainage system. (h) The outside storage of materials, containers or disposal facilities involving hazardous waste is prohibited. 264 (i) The outside storage of materials, containers or disposal facilities involving non-hazardous materials is enclosed and screened as outlined in Section 21130 of this Chapter. (j) The loading and/or unloading of waste materials is conducted within buildings and upon an impermeable floor surface. (k) All development, operation, maintenance and closure/conversion plans are subject to City approval. (l) A sign indicating the facility’s inventory of waste materials by type and location is posted at the main entrance of the site. (m) All hazardous waste materials stored on the site are clearly designated. (n) All facility employees are subject to emergency training programs, the procedures and techniques of which are subject to City approval. (o) Emergency preparedness plans which: (1) Establish procedures for handling ruptures, spills and the like. (2) Alert applicable agencies and area property owners. (3) Establish provisions for emergency evacuation that are provided to and approved by the City. (p) All containers used for the outside storage of waste materials are properly cleaned prior to storage and maintained in a clean manner so as not to attract vectors or cause objectionable odors. Subd. 18.Other uses similar to those allowed in this section, as determined by the City. (Amended by Ord. No. 2001-06, 02/13/01) (Amended by Ord. No. 2008-09, 03/25/08) (Amended by Ord. No. 2009-07, 05/12/09) (Amended by Ord. No. 2011-05, 02/22/11) (Amended by Ord. No. 2019-01, 02/12/19) SECTION 4.Effective Date. This Ordinance shall be in full force and effect upon its passage. 265 APPROVED by the City Council on this 9th day of June, 2020. __________________________________ Jeffry Wosje, Mayor ATTEST: _______________________________ Sandra R. Engdahl, City Clerk 266 CITY OF PLYMOUTH RESOLUTION 2020-179 APPROVING FINDINGS OF FACT FOR ZONING ORDINANCE TEXT AMENDMENTS TO SECTIONS 21560, 21565,AND 21570 OF THE ZONING ORDINANCE (2020018) WHEREAS, Hops Craft Brewing Company, LLC has initiated amendments to uses allowed by conditional use permit in the light industrial, general industrial and heavy industrial districts; and, WHEREAS, the Planning Commission has reviewed the proposed text amendmentsat a duly called public hearing and recommends approval of the text amendments. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby approve the zoning ordinance text amendments to allow as a conditional use a commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation, in the light industrial, general industrial and heavy industrial zoning districts, based upon the finding that the proposed amendments would be consistent with the city’s comprehensive plan and with the purpose and intent of the city’s ordinances and policies. ADOPTED by the City Council the 9 th day of June, 2020 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 9, 2020with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this _____________ day of ________, 2020. ______________________________ City Clerk 267 CITY OF PLYMOUTH RESOLUTION NO. 2020-180 RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 2020-07 ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE TO ENTITLED THE PLYMOUTH ZONING ORDINANCE (2020018) Ordinance No. 2020-07 amends Chapter 21 of the Plymouth City Code to entitled the Plymouth Zoning Ordinance (2020018). A printed copy of the entire ordinance is available for inspection at the City Clerk’s Office during regular office hours. APPROVED for summary publication by the City Council this 9th day of June, 2020. 268 Regular City Council June 9, 2020 Agenda Number:8.4 To:Dave Callister, City Manager Prepared by:Kip Berglund, Senior Planner Reviewed by:Steve Juetten, Community Development Director Item:Consider Conditional Use Permit to allow a commercial use operated in conjunction with a brewery and accessory taproom in the I-2 Zoning District for property located at 12901 16th Avenue North (Hops Craft Brewing Company LLC - 2020019 - Res2020-181, Res2020-182, Res2020-183) 1. Action Requested: Adopt attached resolutions: - Resolution approving a conditional use permit to allow a bike shop to operate in the I-2 zoning district in conjunction with a brewery and accessory taproom to be known as the Luce Line Brewing Company. The bike shop would have a floor area less than the combined brewery and accessory taproom floor area, and would terminate operations in the event the brewery and accessory taproom cease operations (as recommended by the Planning Commission); and - Resolution approving a special assessment agreement deferring water and sewer connection fees Approval of the resolutions require 4/7 vote of the Council. 2. Background: On May 20, the Planning Commission conducted a public hearing on this matter and subsequently voted unanimously to recommend approval of the conditional use permit. Other than the applicant, no one else submitted communication or requested to speak on this item. Commissioners questioned the proposed route for bikers to access the site from the Luce Line Trail. The applicant stated that a route has not yet been finalized and that they are looking into options including: 1) directly from the subject property; 2) using the existing railroad spur property directly west of the subject property; and 3) at the end of the 16th Avenue cul-de-sac. Staff notes that the applicant would have to discuss any option with Three Rivers Park District and that any connection would have to meet their requirements, including ADA compliance. The Commission also discussed parking as the site plan at the time did not meet the zoning ordinance requirements for the required number of parking spaces. The applicant requested reduced on-site parking. As supported by the Commission, staff revised a condition in the resolution to state that the applicant submit a plan that provides a minimum 64 parking spaces (this can be accommodated on-site on an adjacent parcel through a shared parking agreement and/or on-street if approved by the City, or any combination thereof). The applicant has submitted an updated draft 269 site plan, showing additional parallel parking stalls along the east property line, which would provide the necessary on-site parking spaces. Any exterior site changes would be reviewed under a separate site plan amendment process and further details would be required, including meeting any required fire code-related requirements. In addition, the applicant is working on a petition with the property owners along 16th Avenue to request that signage prohibiting on-street parking be removed. The request would be reviewed by both Engineering and Public Safety and would need to be approved by Council. If approved, this would allow additional on-street parking during special events. The applicant is working on submitting a completed petition by the time of this Council meeting. A copy of the petition language is attached. Finally, the applicant has asked what, if any, assistance could be granted relating to the City sewer and water connection fees. The Metropolitan Council has determined that eight new Sewer Availability Charge (SAC) is due and will be paid with the issuance of a building permit. With the payment of Met Council SAC, the City also charges sewer and water connection fees that traditionally are paid at the same time as SAC. To assist the application with spreading the costs over a longer time period, staff has prepared a special assessment agreement that would allow the water connection fee of $15,407 and sewer connection fee of $6,039 to be spread over five years with an interest rate of 2.67 percent. The resolution approving the special assessment agreement. A copy of the Planning Commission meeting minutes and report is attached. In addition, the PowerPoint presentation related to the application is attached. Notice of the public hearing was published in the City’s official newspaper and mailed to all property owners within 500 feet of the site. Development signage is posted on the property. 3. Budget Impact: N/A 4. Planning Review Deadline: * July 14, 2020 5. Attachments: Power Point Presentation Planning Commission Report Planning Commission Minutes Location Map Aerial Notification Area Map Conditional Use Permit Standards Applicant's Narrative Draft Site Plan Outdoor Patio Layout Petition - Remove No Parking at 16th Avenue Resolution - Parking on 16th Avenue City Council Resolution 2020-181 270 Resolution 2020-182 City Council Resolution 2020-183 271 Conditional Use Permit –commercial use operated in conjunction with a brewery and accessory taproom in the I-2 zoning district “HOPS CRAFT BREWING COMPANY, LLC” 12901 16 TH AVENUE(2020019) 272 273 274 Proposal The applicant’s specific conditional use permit request is to allow a bike shop to operate in conjunction with a brewery and associated taproom to be known as the Luce Line Brewing Company. The applicant states that the proposed businesses would be a bicycle-themed brewery focused on providing a community gathering spot. The property is located within close proximity to the Three Rivers Park District Luce Line Trail, which runs along the north side of the railroad tracks just south of the property. Breweries with or without an accessory taproom are listed as a permitted use within the I-2 zoning district. However, the zoning ordinance limits retail activity in these districts. The applicant has provided an architectural site plan and written summary of the proposed tenant spaces square-footages for the proposed brewery with associated taproom and bike shop. The bike shop would contain less square footage (3,575 square feet) than the brewery and associated taproom (10,500 square feet). The size of the proposed bike shop tenant space would meet the zoning ordinance requirement. The bike shop would have a floor area less than the combined brewery and accessory taproom floor area, and would terminate operations in the event the brewery and accessory taproom cease operations. 275 Parking The proposed uses within the building would consist of: 1) brewery and associated taproom with game room and conference room; 2) bike sales and repair shop; and 3) vacant light manufacturing use. Based on the proposed square for each use, there would be 64 on-site parking spaces required. Brew house = 1/1,000 GSF (6), Tap Room = 1/150 GSF (30), Office = 1/250 GSF (2), Outdoor seating = 1/40 GSF (5) = 43 total Bike shop - retail/commercial = 1/200 GSF (17), warehouse = 1/2,000 (1) = 18 total Future light manufacturing = 1/350 GSF = 3 The applicant has requested 53 spaces be allowed. The applicant states that the future manufacturing use within the building and the office/manufacturing building where the off-site parking spaces would be located would have different hours of operation than the brewery and taproom. The applicant is exploring options for shared parking agreements with neighboring property owners in order to provide the necessary number of parking spaces which also have different hours of operation than the brewery and taproom. Condition in resolution that the applicant provide updated site plan and written agreement for shared parking in order to provide the minimum number of spaces between on and off-site parking. 276 277 Exterior Changes Addition of four parking stalls in the northeast corner of the site by adding parking lot striping Parking lot directional arrows for traffic flow Addition of an outdoor patio area located outside the northwest corner of the building where the proposed brewery and taproom would be located 278 279 280 View of property (on right) looking east along 16th Avenue 281 View of property (on left) looking west along 16th Avenue 282 283 Agenda Number File 2020019 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO:Plymouth Planning Commission FROM:Kip Berglund, Senior Planner (509-5453) through Barbara Thomson, Planning Manager MEETING DATE:May 20, 2020 APPLICANT:Hops Craft Brewing Company, LLC PROPOSAL:Conditional use permit to allow a commercial use operated in conjunction with a brewery and accessory taproom in the I-2 (general industrial) zoning district LOCATION:12901 16th Avenue North GUIDING:IND (industrial) ZONING:I-2 (general industrial) REVIEW DEADLINE:July 14, 2020 DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit to allow a bike shop to operate in the I-2 zoning district in conjunction with a brewery and accessory taproom. The bike shop would have a floor area less than the combined brewery and accessory taproom floor area, and would terminate operations in the event the brewery and accessory taproom cease operations. Notice of the public hearing was published in the city’s official newspaper and mailed to all property owners within 500 feet of the site. A copy of the notification area map is attached. Development signage is posted on the property. 284 File 2020019 Page 2 CONTEXT: Surrounding Land Use and Zoning Adjacent Land Uses Guiding Zoning North (across 16th Avenue) Office/Industrial – Jet 55 building IND I-2 South (across Luce Line Trail/Railroad) City of Plymouth open space and single-family homes LA-1 RSF-1 East Office/warehouse IND I-2 West Railroad property and office/warehouse IND I-2 Previous Actions In 1987, the City Council approved a site plan for a 24,130 square-foot office/warehouse building. The building was constructed that same year. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city’s discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must then approve the permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: In order to allow the bike shop in conjunction with the brewery and taproom, the applicant has requested the text amendment that is also on the commission’s agenda. The proposed amendment states that a commercial use operated in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation, shall be an allowed conditional use within the general industrial zoning district. The applicant’s specific conditional use permit request is to allow a bike shop to operate in conjunction with a brewery and associated taproom to be known as the Luce Line Brewing Company. The applicant states that the proposed businesses would be a bicycle-themed brewery focused on providing a community gathering spot. The property is located within close proximity to the Three Rivers Park District Luce Line Trail, which runs along the north side of the railroad tracks just south of the property. Breweries with or without an accessory taproom are listed as a permitted use within the I-2 zoning district. However, the zoning ordinance limits retail activity in these districts. If the retail use is in excess of 10 percent of the gross floor area of the associated principal use, such 285 File 2020019 Page 3 use may be allowed by conditional use permit if it is limited to no more than 25 percent of the gross floor area of its associated principal use, or more than 5,000 square feet, whichever is less. Staff notes that the associated commercial activity (bike sales and repair) is a named permitted use within the C-2 (neighborhood commercial), C-4 (community commercial) and CC-R & E and CC-OT & R (city center retail and entertainment and office/technical and retail) zoning districts. The applicant has provided an architectural site plan and written summary of the proposed tenant spaces square-footages for the proposed brewery with associated taproom and bike shop. The bike shop would contain less square footage (3,575 square feet) than the brewery and associated taproom (10,500 square feet). The size of the proposed bike shop tenant space would meet the zoning ordinance requirement. A condition is included in the attached resolution that would require the bike shop to terminate operations in the event the brewery and accessory taproom cease operations. Parking Currently, there are no breweries with or without a taproom located in Plymouth. The zoning ordinance does not contain a specific parking standard for breweries with associated taprooms. Therefore, staff computed parking requirements on the same basis as required for similar listed uses, consulting parking reference materials prepared by the American Planning Association and Institute of Transportation Engineers, and consulting other communities in the area. Examples for parking requirements for similar uses from the “Parking Area Standards” prepared by the American Planning Association are as follows: Microbrewery in Yonkers, New York, one parking space per 600 square feet of gross floor area Brewery in Bloomington, Indiana, one space per employee of the largest shift, plus one space per 4 seats in any tasting room or other visitor facility open to the general public Brew pub in Winona, Minnesota, one per 200 square feet of floor area Brew pub in Summit Township, Michigan, one space for each three patrons of maximum seating capacity, plus one space for each two employees Brewery in Minnetonka, Minnesota, one parking space per 1,000 gross square feet and one per 150 square feet of taproom area The proposed uses within the building would consist of: 1) brewery and associated taproom with game room and conference room; 2) bike sales and repair shop; and 3) vacant light manufacturing use. The applicant calculated the parking requirements for the brewery and taproom using the same standards as the City of Minnetonka and Plymouth parking requirements for the outdoor patio area and other proposed uses. Based on the proposed square footage for each use, there would be a total of 64 on-site parking spaces required. The zoning ordinance allows a reduction in parking demand if the applicant can demonstrate that fewer spaces would be needed. The applicant has requested 53 spaces be allowed. The applicant states that the future manufacturing use within the building and the office/manufacturing building where the off-site parking spaces would be located would have different hours of operation than the brewery and taproom. Staff 286 File 2020019 Page 4 also notes that the application is proposing to provide a shared parking agreement with the neighboring property to the north, across 16th Avenue, consisting of an additional 25 parking spaces for a total of 78 spaces between the on- and off-site spaces. Staff would support the proposed parking plan if an approved pedestrian route between properties is shown on an updated site plan that would consist of a pedestrian route, signage and approved walkways leading to 16th Avenue from both properties. A condition is included in the resolution related to this requirement. A condition is also included that states if parking issues occur, or if the needs of the property owner change, additional on-site parking shall be added and reviewed under a separate site plan amendment process. Exterior Site Changes The architectural site plan shows the addition of four parking stalls in the northeast corner of the site by adding parking lot striping, parking lot directional arrows for traffic flow, and the addition of an outdoor patio area located outside the northwest corner of the building where the proposed brewery and taproom would be located. The outdoor patio would need to meet setback requirements from parking spaces and the drive aisle and the applicant would be required to obtain the appropriate liquor license in order to serve alcohol both inside the building and on the patio. The proposed changes would be reviewed in further detail through an administrative site plan amendment. The applicant would be required to identify the total proposed area of disturbance, provide an erosion control plan and no variances would be allowed for the proposed exterior changes. The Planning Commission must review this request for compliance with the conditional use permit standards, as outlined in the zoning ordinance. A copy of the standards is attached. Staff used these standards to review the request and finds that it meets all the applicable standards. Specifically, the proposal: 1) would be consistent with the comprehensive plan; 2) would not endanger the public health or safety; 3) similarly, would not be injurious to other properties in the vicinity or the city as a whole; and 4) would not impede the normal and orderly development of nearby properties. In addition, the site is adequately served by public facilities. RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit for property located at 12901 16th Avenue North, subject to the conditions outlined in the attached resolution. If new information is brought forward at the public hearing, staff may alter or reconsider its recommendation. 287 File 2020019 Page 5 ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit 2. Location Map 3. Aerial Photo 4. Notification Area Map 5. Conditional Use Permit Standards 6. Applicant’s Narrative 7. Site Graphics P/Planning Applications/2020/2020019 288 Proposed Minutes 1 of 4 Meeting of May 20 2020 Proposed Minutes Planning Commission Meeting May 20, 2020 Chair Anderson called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on May 20, 2020. COMMISSIONERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Donovan Saba, David Witte, Justin Markell, Michael Boo and Julie Jones COMMISSIONERSABSENT: STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Kip Berglund, Senior Planner Lori Sommers, Community Development Director Steve Juetten, Community Development Coordinator Matt Lupini OTHERS PRESENT: Councilmember Ned Carroll (5.03) Conditional use permit for Hops Craft Brewing Company, LLC for a bike shop accessory to a brewery at 12901 16th Avenue. (2020019) Senior Planner Berglund reviewed the staff report. Commissioner Saba asked how staff would envision access from the Luce Line Trail to the brewery or bike shop. Senior Planner Berglund stated that at this time there is not a dedicated route from the Luce Line Trail to the subject property. He noted that the applicant can provide details on the process that would be necessary with Three Rivers Park District to obtain formal access. He noted that alternate access could also be provided. He stated that currently there is an informal route from the trail to the property. Planning Manager Thomson confirmed that there is an informal route. Commissioner Witte referenced parking and asked if staff reviewed other similar uses and their parking requirements and demand to determine if that calculation is adequate. He commented that this is a unique idea and asked the applicant to discuss trailhead parking. He noted that some people may choose this as a meeting place to go out and ride and then return to the site to enjoy the business following their ride. He asked the type of signage the business would be able to have to attract people from the street and the trail. Senior Planner Berglund stated that staff did not specifically call and request the parking demand for Surly Brewing Company. He stated that staff looked at different brewery and taproom requirements throughout the state. He stated that the applicant could speak to anticipated parking for the trailhead, noting that there is a condition that requires additional parking. He 289 Proposed Minutes 2 of 4 Meeting of May 20 2020 stated that the property is in the general industrial standard zoning district and reviewed the signage standards for the property related to wall and pylon signage. He stated that typically off- site signage is not permitted under the zoning ordinance and did not believe this property would qualify for off-site signage. Planning Manager Thomson stated that when reviewing other communities, Minnetonka as a suburban community would be a better comparison than Surly, which is located in Minneapolis. Commissioner Boo stated that in his research, it appears parking can be strained for this type of use during prime hours. He asked if there are parking restrictions for on-street parking. Senior Planner Berglund stated that currently the street this property is located on is signed no parking on both sides. He noted that the applicant has inquired about the possibility of on-street parking and advised that staff could look into that further. Chair Anderson introduced Tim Naumann, the applicant, who provided details on how pedestrians could access the site. He stated that they have also been in discussions with Three Rivers Park District related to additional connections. He provided details on signage plans, including a pylon sign. He stated that initially he believed there were 53 parking stalls on-site, but noted that with some modifications to the existing parking they may be able to accommodate all 64 stalls on-site. He stated that they are taking steps to ensure there is parking available for those that need it. He noted that they will also have bike racks available to allow for bike parking. He stated that in this concept they are attempting to leverage or build off the idea of healthy lifestyles and the Luce Line Trail. He stated that they also reviewed a variety of other ideas, including running, and settled on biking as it would cater to more people. He stated that they looked for a biking business that has a large outreach and would lead patrons on rides and could branch out to other clubs, such as yoga and walking the trails. He stated they will create a separate space for the bicycle shop immediately adjacent to the brewery. He explained there would be a way for patrons to pass through during shared hours and the theme would be carried through, noting that perhaps a bicycle would be hung on the wall in the brewery. Commissioner Markell asked the status of the negotiations for shared parking. Mr. Naumann replied that there are three neighbors that could provide shared parking and provided an update on those discussions. He stated that because of the lack of interest from two of the property owners, they decided to review the ability to provide the required parking on-site. Commissioner Markell asked if the applicant would be in agreement with making the building permit contingent upon obtaining shared parking. Mr. Naumann stated that he would prefer that the approval be made contingent on his ability to provide the parking, whether that is done on-site, through shared parking, or with the addition of on-street parking. Senior Planner Berglund stated that in the draft resolution there is a condition stating that a written parking agreement must be submitted that provides the minimum number of stalls required prior to issuance of a building permit. He stated that the applicant can also provide the 290 Proposed Minutes 3 of 4 Meeting of May 20 2020 required parking on-site. He stated that on-street parking is not an option at this time, but that could change throughout this process and further review. Planning Manager Thomson stated that staff could look into whether on-street parking is an option, but the condition should not list that as an option. Chair Anderson stated there is another industrial area that allows on-street parking on one side of the street. Mr. Naumann noted that if on-street parking is allowed, their demand time would be outside of the time truck traffic would be accessing the other industrial parcels. Commissioner Jones stated that she has driven and biked to the site. She stated that she was surprised there was not truck traffic and mostly empty parking lots, but recognized that could be related to the recent change in the economy. She referenced an adjacent parcel with a large parking lot and hoped that a shared parking agreement could be worked out. She noted that one of the connections from the trails is marked for emergency use only and therefore would discourage people from using that connection. Mr. Naumann stated that connection was provided by the City of Plymouth and is not ADA- compliant and therefore is marked for limited use. Commissioner Jones stated that she would recommend removal of the buckthorn and garlic mustard in the back of the lot to make the trail more visible. She stated that she noticed signage for a townhome along the trail and therefore believed that signage should be allowed for the business. She said she believed that this business would be a great fit for the community and could be a huge draw for the area, noting that she would ride her bike to the business to have a beverage and then bike back home. She encouraged the business to keep bike security in mind as well. She commented that having a bike repair shop along the trail would be a great amenity as well. Chair Anderson asked for details on the portions of the building that would be occupied by each use and whether there would be space for another tenant. Mr. Naumann replied that the brewery and taproom would be in the front/far left of the building, the bike shop would occupy the area marked in grey immediately adjacent, and the white area on the right would currently be open. He stated they are actively recruiting another tenant/manufacturer. Chair Anderson asked how another tenant would impact the parking. Mr. Naumann replied that potential is contemplated in the existing parking count. Chair Anderson asked if it is possible to accommodate additional parking in the area marked ‘truck court,’ which may not be used during times of higher demand for the brewery/taproom. 291 Proposed Minutes 4 of 4 Meeting of May 20 2020 Mr. Naumann stated that truck deliveries would be very limited. He stated that from a practical perspective that could be used for parking, but would default to the opinion of staff. Senior Planner Berglund stated that the possible conflict would be that the applicant would still need to meet the requirements for drive aisle, fire, and setbacks from the building. Commissioner Witte asked if the applicant considered pushing the parking area to the south, closer to the property line. Mr. Naumann stated there is a grade in that location that would make that cost prohibitive to construct. Chair Anderson opened the public hearing and closed the public hearing as there was no one who wished to speak on this item. Commissioner Oakley stated that he has concerns with access to the trail, encouraging the applicant to talk extensively with the park district to obtain a trail connection. He said he believed that the businesses would be more successful if visible from the trail and with access. He stated that Trailhead Cycle is the business he uses for his bikes and travels further than other shops to get to it. He stated that he will support this request as the cycle business is a great business and the brewery taproom would be a good addition to the community. Chair Anderson agreed that a brewery is long overdue for the city. He acknowledged that the plan needs additional details,, but commented that sometimes an applicant needs some direction toward approval before investing additional time and resources into other elements of the plan. He stated that the need for parking is clear and if the applicant does not find the needed spaces, the building permit would not be issued. He noted there are multiple options the applicant could pursue to obtain the additional parking. He stated that he will also be supporting this request. Senior Planner Berglund provided a proposed change to the language related to the required parking. Motion was made by Commissioner Oakley, and seconded by Commissioner Jones, to recommend approval of a conditional use permit for Hops Craft Brewing Company, LLC for a bike shop accessory to a brewery at 12901 16th Avenue with an amendment to condition 3, subpart 2 that the applicant submit a plan that provides a minimum of 64 parking spaces (this can be accommodated on-site, on an adjacent parcel through a shared parking agreement and/or on- street if approved by the City, or any combination thereof. With Oakley, Saba, Witte, Markell, Boo, Jones and Anderson voting in favor, the motion carried. 292 w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwww w w w w w ww w w w w w w w wwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwwwwwww w w w w w w w w w w w w w w wwwwwwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwwwwwwwwwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwwwwwwwwwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w wwwwww w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w Rosewood LnSycamore Ln15th Av e 16th Ave S t a t e H w y N o 5 5 CO RD N O 6 SITE IND LA-1 IND Ê IND CHICAG O & N O R T H W ES T ERN RR L U CE LI N E T RAIL 2020019 Hops Craft Brewing Company, LLC 12901 16th Avenue North Request for a Conditional Use Permit K 375 0 375 750187.5 Feet Legend C, Comercial CC, City Center CO, Commercial Office IP, Planned Industrial w w LA-1, Living Area 1 w w w w w w LA-2, Living Area 2 w w w w w w ww w w w w w ww w w w w w wwwwwwww LA-3, Living Area 3 LA-4, Living Area 4 LA-R1 LA-R2 LA-R3 LA-RT P-I, Public/Semi-Public/Institutional293 SITE ^ 16th Ave 15t h Ave CH IC A GO & NO R T H W E S T E R N R R LUCE LI N E T R AI L 2020019 -- Aerial Photograph K2500250500125 Feet 294 Hennepin County Locate & Notify Map 0 410 820205 Feet Date: 5/5/2020 Buffer Size:500Map Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. For more information, contact Hennepin County GIS Office 300 6th Street South, Minneapolis, MN 55487 / gis.info@hennepin.us 295 (forms/cupsta) ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty (60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015-Plymouth Zoning Ordinance 296 APPENDIX A: ZONING ORDINANCE TEXT AMENDMENT DIGITAL VERSION OF A DESCRIPTION AND CONDITIONAL USE SUPPORT Introduction Luce Line Brewing Co., LLC is a bicycle-themed brewery focused on providing a community gathering spot. Hops Craft Brewing Company, LLC, an affiliate of Luce Line Brewing, was formed to acquire and hold the real estate for Luce Line Brewing. We are contemplating establishing operations at 12901 16th Avenue North, Plymouth, MN 55441. Amendment Language In order to support the brewery’s bicycle themed business plan and secure a craft brewery in the community, the proposed Zoning ordinance text amendment to add a conditional use in the I-1, I-2 and I-3 districts is suggested: Commercial use operated in conjunction with a brewery and accessory taproom that has a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Request Reasons The reasons for the request are that it reinforces the vision of Plymouth’s Comprehensive Plan and meets the purpose and intent of the ordinance in the following ways: Promotes economic health through redevelopment of currently unused space. Responds to the emerging trends and changing needs of its residents and businesses. Meets the needs of all age groups within the city, with a focus on young people and the aging population. Enhances and strengthens the sense of community. The request is also consistent with the policies and provisions of Plymouth’s Comprehensive Plan. Adequate Available Infrastructure In discussions with Planning we developed a set of expected requirements for the brewery based on the requirements in other cities expectations of their breweries coupled with existing requirements within Plymouth. These expectations were applied to the expected circumstances of Luce Line Brewing. The summary results and explanation follow: Parking Summary Brewery and Bicycle Operation: 61 spaces Manufacturing Operation: 3 spaces Total Spaces Required: 64 spaces Spaces Available: 78 spaces (53 spaces onsite, 25 neighbor property) Parking in Excess of Requirement: 14 spaces Introduction 297 Luce Line Brewing Co., LLC is a bicycle-themed brewery focused on providing a community gathering spot. Hops Craft Brewing Company, LLC, an affiliate of Luce Line Brewing, was formed to acquire and hold the real estate for Luce Line Brewing. We are contemplating establishing operations at 12901 16th Avenue North, Plymouth, MN 55441. Amendment Language In order to support the brewery’s bicycle themed business plan and secure a craft brewery in the community, the proposed Zoning ordinance text amendment to add a conditional use in the I-1, I-2 and I-3 districts is suggested: Commercial use operated in conjunction with a brewery and accessory taproom that has a floor area less than the combined brewery and accessory taproom floor area, which would terminate operations in the event the brewery and accessory taproom cease operation. Request Reasons The reasons for the request are that it reinforces the vision of Plymouth’s Comprehensive Plan and meets the purpose and intent of the ordinance in the following ways: Promotes economic health through redevelopment of currently unused space. Responds to the emerging trends and changing needs of its residents and businesses. Meets the needs of all age groups within the city, with a focus on young people and the aging population. Enhances and strengthens the sense of community. The request is also consistent with the policies and provisions of Plymouth’s Comprehensive Plan. Adequate Available Infrastructure In discussions with Planning we developed a set of expected requirements for the brewery based on the requirements in other cities expectations of their breweries coupled with existing requirements within Plymouth. These expectations were applied to the expected circumstances of Luce Line Brewing. The summary results and explanation follow: Parking Summary Brewery and Bicycle Operation: 61 spaces Manufacturing Operation: 3 spaces Total Spaces Required: 64 spaces Spaces Available: 78 spaces (53 spaces onsite, 25 neighbor property) Parking in Excess of Requirement: 14 spaces Luce Line Brewing Parking Calculation (Based on Minnetonka Micro-Brewery Requirements) Brew House 1/1000 GSF 6,000/1000=6 stalls Office 1/250 GSF 298 500/250=2 stalls Restrooms, Game Room, Conference Room, Tap Room, 1/150 GSF 4,500/150=30 stalls Parking Required inside: 38 stalls Plymouth Outdoor seating requirement 1/40 GSF 10’x20’=200 GSF/40=5 stalls required Estimated Parking Requirements for Luce Line Brewing: 38 stalls inside plus 5 stalls outdoor = 43 stalls required. This would leave 21 stalls available for the other users of the building. Estimated Parking for the Bicycle Operation The adjacent space which enhances the bike-theme of the brewery is a retail and service business with less than 50 percent or more of the gross floor area devoted to storage, warehouses, or industry. The description from the code and explanation of parking impact follow. Retail Commercial Uses, Except as Prescribed Herein One space for each 200 square feet of floor area for the first 100,000 square feet, plus one space for each 350 square feet of floor area thereafter. The number of parking spaces provided shall not exceed the minimum requirement by more than 10 percent, unless authorized under Section 21135.12. 1 * (3,575/200) = 17. Required parking for this operation is 17 parking spaces. Warehousing One space for each two employees of the largest shift or one space for each 2,000 square feet of floor area, whichever is greater. 1* (2/2) = 1 or 3,425 / 2000 = 1. Required parking for this operation is 1 parking space. Together the retail and warehousing operation require 18 parking spaces. Estimated Parking for the Manufacturing Operation We expect the remaining space to be taken by a light manufacturer that employs 3 people and has no company motor vehicles. The description from the code and explanation of parking impact follow. 299 Manufacturing One space for each employee on the major shift or one space for each 350 square feet, whichever is less, plus one space for each company motor vehicle on the premises. The required parking for this operation for employees is 1*3=3. Parking for company motor vehicles are 1*0=0. Required parking for this operation is 3 stalls. The hours of brewery operations would which are typically 3pm to 11 pm weekdays and certain weekend hours do not conflict with the manufacturing operation’s expected hours of 7am to 3pm weekdays. Adequate Transition and Buffer Provided The operation is more than 200 feet from any residential property. In addition, many natural and man-made features such as wetlands, trees, ravines and the railroad tracks separate the uses, provide a natural barrier between the two uses and provides a greater separation in distance than standard zoning setback requirements. Adequate Parking The property across the street from the brewery known as Jet 55 located at 12755 State Highway 55, Plymouth MN 55441 has verbally offered to be a supportive neighbor. They are in the process of a formal response to our written request for use of 25 parking places. This involves a vote of all investors which is currently in process. Aaron Wittkamper, our Architect, has developed 6 brewery concepts along with many other hospitality projects. His experience suggests that the parking onsite with additional parking sourced from a neighbor for peak requirements as proposed will meet patron needs and efficiently uses the parking available for lease in neighboring lots. Conditional Use Request We also request that a conditional use permit be issued that provides Hops Craft Brewing Company (the Landlord) the ability to lease space to Trailhead Cyclery a bicycle shop currently located in Champlin, MN ( www.trailheadcycling.com). Doing so will secure the Luce Line Brewing Co., LLC for our community. 300 301 302 PETITION FOR REMOVAL OF NO-PARKING SIGNAGE We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the removal of the no-parking restriction on Water Tower Circle and 16th Avenue North south of County Road 6 as noted below: - The west side of Water Tower Circle from County Road 6 to 20’ north of the driveway to Plymouth Fire Station No. 1. - Both sides of 16th Avenue North from Water Tower Circle to the western edge of the cul-de-sac, excluding within 10-feet of fire hydrants per City Code and areas where the distance between the end of driveway aprons is less than 50-feet. We, the undersigned, understand that the City Council reserves the right to restrict parking on any or all of these roadways in the future. Name Property PID/s Owner Address Sign/Date/Phone # JET 55 PROPERTY OWNER LLC 12755 HIGHWAY 55 2711822410009 2711822410007 2711822410003 3601 Minnesota Dr. #510 Bloomington, MN 55435 Ph: PLASTIC PROPERTIES LLC 12615 16TH AVENUE N. 2611822330039 12615 16TH AVE N, PLYMOUTH, MN 55441 Ph: POTTEBAUM PROPERTIES LLC 12725 16TH AVENUE N. 2711822440054 12795 16TH AVE N, PLYMOUTH, MN 55441 Ph: RAH LLC 12811 16TH AVENUE N. 2711822440002 12811 16TH AVE N, PLYMOUTH, MN 55441 Ph: ZOLTAR INVESTMENT GROUP LLC 12901 16TH AVENUE N. 2711822440003 8801 BROOKLYN BLVD, BROOKLYN PARK, MN 55445 Ph: SELECT PROPERTIES 12975 16TH AVENUE N. 2711822440005 12975 16TH AVE N #100, PLYMOUTH, MN 55441 Ph: SJE RHOMBUS PROPERTY LLC 13005 16TH AVENUE N. 2711822440006 22650 CO HWY # 6, DETROIT LAKES, MN 56502 Ph: 13021 16TH AVE NORTH PROP LLC 13021 16TH AVENUE N. 2711822440007 13021 16TH AVE N, PLYMOUTH, MN 55441 Ph: PLYMOUTH FACILITY GROUP LLC 13205 16TH AVENUE N. 2711822430015 13205 16TH AVE N, PLYMOUTH, MN 55441 Ph: 303 CITY OF PLYMOUTH RESOLUTION NO. 2020- RESOLUTION APPROVING REMOVAL OF “NO PARKING” SIGNAGE ON PORTIONS OF WATER TOWER CIRCLE AND 16TH AVENUE NORTH SOUTH OF COUNTY ROAD 6 WHEREAS, a petition signed by the property owners on both sides of Water Tower Circle and 16th Avenue North from County Road 6 to Highway 55 has been submitted requesting the removal of “No Parking” signage; and WHEREAS, the petition includes the removal of no parking signage on the west side of Water Tower Circle from County Road 6 to 20 feet north of the driveway to Plymouth Fire Station No. 1 and both sides of 16th Avenue North from Water Tower Circle to the western edge of the cul-de-sac excluding within 10 feet of fire hydrants and between driveway aprons where less than 50 feet exists; and WHEREAS, the City Council finds that no parking restrictions on these portions of Water Tower Circle and 16th Avenue North are no longer needed to serve the immediate area nor the properties requesting the removal of restrictions; and WHEREAS, no parking signs will remain and parking is restricted on the east side of Water Tower Circle from County Road 6 to 16th Avenue North and within the 16th Avenue North cul-de-sac south of County Road 6. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the removal of “No Parking” signage is approved for the following roadways: 1. The west side of Water Tower Circle from County Road 6 to 20 feet north of the driveway to Plymouth Fire Station No. 1. 2. Both sides of 16th Avenue North from Water Tower Circle to the western edge of the cul- de-sac excluding between driveway aprons where less than 50 feet exists. BE IT FURTHER RESOLVED, that the installation of “No Parking” signage is affirmed and approved for the following roadways: 1. The east side of Water Tower Circle from County Road 6 to 16 th Avenue North. 2. The cul-de-sac at the east end of 16 th Avenue North south of County Road 6 and west of Highway 55. APPROVED by the City Council on this 9th day of June, 2020. 304 CITY OF PLYMOUTH RESOLUTION NO. 2020-181 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO OPERATE A COMMERCIAL USE IN CONJUNCTION WITH A BREWERY AND ACCESSORY TAPROOM IN THE I-2 (GENERAL INDUSTRIAL) ZONING DISTRICT FOR PROPERTY LOCATED AT 12901 16 TH AVENUE NORTH (2020019) WHEREAS, Hops Craft Brewing Company, LLC has requested approval of a conditional use permit for the site located at 12901 16Th Avenue North, legally described as follows: Lot 3, Block A, Plymouth Orchards, except the westerly 30.00 feet thereof. And That part of vacated Orchard Avenue as dedicated in Plymouth Orchards, Hennepin Co., MN, According to the recorded plat thereof, which lies west of the southerly extension of the east line of Lot 3, Block A, of said Plymouth Orchards, Hennepin Co. MN, and which lies east of a line 30.00 feet east of and parallel with the west line of said Lot 3, Block A, and its southerly extension; and WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the request by Hops Brewing Company, LLC for a conditional use permit to allow a bicycle shop to operate in conjunction with a brewery and accessory taproom, in the I-2 (general industrial) zoning district, for property located at 12901 16th Avenue North, subject to the following conditions: 1. The requested conditional use permit is approved to allow a bicycle shop to operate in conjunction with a brewery and accessory taproom, with a floor area less than the combined brewery and accessory taproom floor area, in accordance with the application and plans received by the city on March 16, 2020, and May 12, 2020, except as amended by this resolution. 2. A separate building permit is required prior to the commencement of the project. 3. Prior to the issuance of a building permit, the applicant shall: 1) receive approval of any proposed exterior changes, including but not limited to any parking lot reconfiguration, pedestrian routes or outdoor patio area, though a separate administrative site plan amendment application review process; 2) submit a plan that provides a minimum 64 parking spaces (this can be accommodated on site, on an adjacent parcel through a shared parking agreement and/or on street if approved by the City or any combination thereof); and 3) update the site plan to show an approved pedestrian route from the shared parking area to the subject property. 305 Res. 2020-181 File 2020019 Page 2 4. If the proposed businesses require a higher parking demand, or the needs of the property owner change, the applicant shall expand parking on the site if parking shortages occur. Any parking expansion shall be reviewed by a separate application and all parking dimensions, setbacks, curb and gutter and other related requirements shall apply. 5. The bicycle shop shall terminate operation in the event the brewery and accessory taproom cease operation. 6. The applicant shall obtain any necessary liquor licenses prior to serving any beverages containing alcohol. 7. The requested conditional use permit is approved with the findings that the applicable conditional use permit standards would be met as outlined in Section 21015 of the zoning ordinance. 8. Standard Conditions: a. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. b. The conditional use permit shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the applicant, with the consent of the property owner, has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21015.07 of the zoning ordinance. APPROVED by the City Council on this 9th day of June, 2020. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 9, 2020, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this _________day of ___________________, _____. __________________________________ City Clerk 306 CITY OF PLYMOUTH RESOLUTION NO. 2020-182 RESOLUTION APPROVING REMOVAL OF “NO PARKING” SIGNAGE ON PORTIONS OF WATER TOWER CIRCLE AND 16TH AVENUE NORTH SOUTH OF COUNTY ROAD 6 WHEREAS, a petition signed by the property owners on both sides of Water Tower Circle and 16th Avenue North from County Road 6 to Highway 55 has been submitted requesting the removal of “No Parking” signage; and WHEREAS, the petition includes the removal of no parking signage on the west side of Water Tower Circle from County Road 6 to 20 feet north of the driveway to Plymouth Fire Station No. 1 and both sides of 16th Avenue North from Water Tower Circle to the western edge of the cul-de-sac excluding within 10 feet of fire hydrants and between driveway aprons where less than 50 feet exists; and WHEREAS, the City Council finds that no parking restrictions on these portions of Water Tower Circle and 16th Avenue North are no longer needed to serve the immediate area nor the properties requesting the removal of restrictions; and WHEREAS, no parking signs will remain and parking is restricted on the east side of Water Tower Circle from County Road 6 to 16th Avenue North and within the 16th Avenue North cul-de-sac south of County Road 6. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the removal of “No Parking” signage is approved for the following roadways: 1. The north side of 16th Avenue North from Water Tower Circle to the western edge of the cul-de-sac excluding between driveway aprons where less than 50 feet exists. BE IT FURTHER RESOLVED, that the installation of “No Parking” signage is affirmed and approved for the following roadways: 1. The east side of Water Tower Circle from County Road 6 to 16 th Avenue North. 2. The cul-de-sac at the east end of 16 th Avenue North south of County Road 6 and west of Highway 55. APPROVED by the City Council on this 9th day of June, 2020. 307 CITY OF PLYMOUTH RESOLUTION NO. 2020-183 RESOLUTION APPROVING SPECIAL ASSESSMENT AGREEMENT FOR PROPERTY LOCATED AT 12901 16 TH AVENUE NORTH (2020019) WHEREAS, the property owner has incurred additional costs as a result of a recent SAC review by the Metropolitan Council for the site located at 12901 16Th Avenue North, legally described as follows: Lot 3, Block A, Plymouth Orchards, except the westerly 30.00 feet thereof. And That part of vacated Orchard Avenue as dedicated in Plymouth Orchards, Hennepin Co., MN, According to the recorded plat thereof, which lies west of the southerly extension of the east line of Lot 3, Block A, of said Plymouth Orchards, Hennepin Co. MN, and which lies east of a line 30.00 feet east of and parallel with the west line of said Lot 3, Block A, and its southerly extension; and WHEREAS, the property owner is unable to afford the total costs due, and WHEREAS, the property owner has agreed to be specifically assessed for the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and does approve the special assessment agreement, for property located at 12901 16th Avenue North, subject to the following conditions: 1. Such Special Assessment Agreement, a copy of which is attached hereto and made part hereof, is accepted and shall constitute the special assessment against the land named therein, and the tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property to the date of payment to the City of Plymouth Finance Department, and may at any time thereafter, pay the City of Plymouth Finance Department the entire amount of the assessment unpaid. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. APPROVED by the City Council on this 9th day of June, 2020. 308 Res. 2020-183 File 2020019 Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 9, 2020, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this _________day of ___________________. __________________________________ City Clerk 309 Res. 2020-183 File 2020019 Page 3 [Reserved for Recording Data] SPECIAL ASSESSMENT AGREEMENT AGREEMENT made this ________ day of ________________, 2020 by and between the City of Plymouth,a Minnesota municipal corporation ("City") and Zoltar Investment Group, LLC, a Minnesota limited liability company("Property Owner"). RECITALS A. Property Owner is the fee owner of the following legally described property in the City of Plymouth, County of Hennepin, State of Minnesota, with a street address of 12901 – 16th Avenue North (“Subject Property”): PIN NO. 27-118-22-24-0003 Lot 3, Block A, Plymouth Orchards, Hennepin Co. MN B. The Metropolitan Council performed a review of the Metropolitan sewer availability charges the Subject Property was required to pay and determined that additional charges were due and owing. As a result of that review, City sewer and water connection charges were recalculated and additional City charges are also due and owing. C. Property Owner has requested that the City assess the cost of the additional City water connection fee of $15,407.00 and City sewer connection fee of $6,039.00 (collectively the "Fees") against the Subject Property. NOW THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 310 Res. 2020-183 File 2020019 Page 4 1. SPECIAL ASSESSMENT. The City will assess the Fees in the amount of $21,516.00 against the Subject Property. The assessment shall be spread over five (5) years with an interest rate of 2.67 percent. The first installment shall be due and payable with taxes in 2021. The Property Owner waives any and all procedural and substantive objections to the Public Improvement and special assessment, including but not limited to hearing requirements and any claim that the assessment exceeds the benefit to Subject Property. The Property Owner waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 2. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Property Owner and the Property Owner's successors, heirs and assigns. This Agreement may be recorded against the title to the Subject Property. CITY OF PLYMOUTH BY: _______________________________________ Jeffry Wosje, Mayor (SEAL) AND ______________________________________ Dave Callister, City Manager ZOLTAR INVESTMENT GROUP, LLC BY: Philip M. Lamers, Chief Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2020, by Jeffry Wosje and by Dave Callister, respectively the Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of said municipal corporation and pursuant to the authority granted by its City Council. 311 Res. 2020-183 File 2020019 Page 5 ___________________________________________ Notary Public 312 Res. 2020-183 File 2020019 Page 6 STATE OF MINNESOTA ) ( ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _______ day of _________________, 2020, by Philip M. Lamers, the Chief Manager of Zoltar Investment Group, LLC, a Minnesota limited liability company, on behalf of said limited liability company. ___________________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (612) 452-5000 RNK 313 Regular City Council June 9, 2020 Agenda Number:10.1 To:Dave Callister, City Manager Prepared by:Dave Callister Reviewed by: Item:Closed Meeting per State Statute 13D.05, Subdivision 3(c), to consider offers relating to the City's possible purchase of 4710 Holly Lane 1. Action Requested: Conduct closed meeting with the City Attorney to consider offers relating to the City's possible purchase of 4710 Holly Lane. 2. Background: N/A 3. Budget Impact: N/A 4. Attachments: 314